clean up your california criminal record
If you are currently charged with committing a criminal offense in California it is important that you understand that your decisions in this phase of handling your case will likely affect what is reported on your criminal record. In many cases the adverse consequences of having a criminal record will be the most significant consequence of the case.
It is also important to realize that you have much more leverage with the prosecutor and the judge before you enter a plea than you will after. So you are in a much better position to negotiate a disposition (plea bargain) which will allow you to:
1) Avoid a conviction on your record entirely
2) Reduce a felony to a misdemeanor (or a misdemeanor to an infraction)
3) Avoid a “strike” conviction
4) Reduce the duration of the probation term
5) Enter into an agreement where the court agrees in advance to reduce the severity of the offense after a period of time
6) Or a combination of the above.
With that in mind let’s learn all about criminal records in California. This topic will be written as a series of blog posts, so tune in every week to learn more.
What is a criminal history record?
A criminal history record is more than a record of your convictions. It is a master record of information related to your identification and criminal history that includes name, date of birth, physical description, fingerprints, photographs, date of arrests, arresting agencies and booking numbers, charges, dispositions and similar data. (Penal Code § 11105(a)(1)(A).) Although not all entities can view this entire list of information, many have a need and right to access it.
Criminal history records contain information about crimes. There are three categories of crimes: (1) felonies; (2) misdemeanors; (3) infractions. (Penal Code § 16.) A felony is a crime punishable by a sentence of 365 days or more in jail, or death. A misdemeanor is punishable by a sentence of less than 365 days in jail. Finally, an infraction is usually a citation type offense often simply requiring the payment of a fine.
In California, there are three main entities that store criminal history records. All non-traffic criminal history information is maintained by the California Department of Justice (DOJ). The California Department of Motor Vehicles maintains records of traffic offenses (including DUI arrests and convictions). Finally, the Federal Bureau of Investigation maintains criminal history records of federal offenses and also offenses committed in other states.
How an adverse criminal history record can limit you.
A criminal history record can severely limit you for life. Depending on the severity of the offense, a criminal history may prevent you from obtaining certain employment, holding a professional license (doctor, lawyer, teacher, banker, insurance agent, real estate agent, financial consultant, nurse, pilot, investigator, contractor, etc.) joining the armed forces, attaining a bond, adopting a child, acting as a guardian for a family member, possessing a firearm, obtaining a passport, and other rights. Your arrests and convictions may also haunt you if you are called to testify in a court case. And in some cases, you may be required to register as a sex, drug, arson or gang offender due to your record. Jail will pass, but your record will haunt you for the rest of your life. Therefore, it is important that you avoid having a criminal history record.
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If you have a criminal record in California and want to know your options, contact me for a consultation.
~ Dan Koukol, Criminal Defense Attorney
Tags: attorney, criminal, criminal record, defense, dwi lawyer, probation