California Penal Code Section 311 prohibits possession and distribution of child pornography and also sexual exploitation of children. Convictions for these offenses can “wobble” down to misdemeanors or result in up to six years in state prison even for first time offenders. Even misdemeanor convictions can result in mandatory sex offender registration.

Federal prosecutions for child pornography tend to bring even harsher sentences. Simple possession can result in up to ten years in federal prison for a first offense or up to twenty years with a prior conviction for a wide range of crimes. That’s just for possessing an image of a person under age 18 found to be pornographic, a simple photograph for example.

Most cases involve computers, and most images were downloaded from the Internet. In federal court, downloading an image is called “receipt” and is punished just like “distribution” under 18 U.S.C. § 2252A(a)(2) or 18 U.S.C. § 2252(a)(2). Even first time federal offenders are subject to a five-year mandatory minimum sentences in federal prison for just downloading or distributing child pornography. With a prior, downloading “receipt” or distribution of child pornography carries a fifteen year mandatory minimum federal prison sentence up to forty years. Simple “sexting” can result in convictions for these offenses.

Once charged in federal court, detention is presumed, and if you are released pretrial, you must submit to electronic monitoring. 18 U.S.C. § 3142(c)(1)(B).

In either state or federal court your attorney should get disclosure of results and reports of computer forensic testing including reports of software program used by law enforcement. Your attorney should also learn about any surveillance of your computer over the internet. Every image has a hash mark, and law enforcement uses programs that grab known images out of cyberspace and trace them back to sending and receiving computers. After that, law enforcement is watching what you are watching in real time, sometimes.

Even sentencing law software developers, like this blog’s author, hire computer experts to forensically examine hard drives looking for defenses regarding:

Adult pornography

File sharing

Viruses, trojans and malware

Downloader identity

File storage location: accessible or unallocated

Timing of access, transmittal and import

Storage

A little mischief can result in a lot of trouble when it comes to pornography. Make sure you get an attorney who zealously defends you and your liberty.

There are lots of ways people can lose their right to possess a weapon. Most frequently, felony convictions result in firearm prohibition. Under federal law, a person previously convicted in any court of a crime PUNISHABLE by imprisonment for a term exceeding one year, cannot posses a gun or ammunition. 18 U.S.C. § 922(g)(1). Whether a crime is PUNISHABLE is determined by the statutory maximum punishment, not the actual sentence term imposed or served. The federal law’s phrase “crime punishable by imprisonment for a term exceeding one year” excludes any state offenses classified by the laws of the state as a misdemeanor and punishable by imprisonment of two years or less. 18 U.S.C. § 921(a)(20)(B). Whether a crime qualifies to take away the federal right to have a gun depends on the law of the state imposing the prior sentence. 18 U.S.C. § 921(a)(20). When it comes to California sentencing, you need an experienced lawyer to help you avoid any loss of the right to have a gun, or even have your right restored.

Wobblers are especially important when it comes to keeping your right to have a gun. Under California law, a wobbler is a misdemeanor for all purposes when the judgment results in a punishment other than imprisonment in the state prison or when, after a grant of probation without imposition of sentence, the California court declares the offense to be a misdemeanor. Cal. Penal Code § 17(b) and (3).

When a wobbler does not meet the requirements of Cal. Penal Code § 17(b), then that prior conviction is a felony resulting in the loss of gun rights. Make sure to use a lawyer with many years of experience in California courts converting felonies into misdemeanors for all purposes under Cal. Penal Code § 17(b).

Even though a misdemeanor wobbler sentence should save the right to have a gun, if you are just facing a formal charge for a felony, or any other crime, for which the judge could imprison you for more than one year, then you cannot legally possess a gun or ammunition under federal law. So if you have new felony charges, and want to get back your right to have a gun as soon as possible, then you better get a lawyer who knows what he is doing as soon as possible.

Besides felony convictions and charges, there are state court misdemeanors that can take away your right to have a gun. Under federal law, misdemeanor convictions for crimes of domestic violence take away your right to possess guns and ammunition. However there are exceptions to convictions taking away your right to have a gun. If the conviction has been expunged or set aside, or the person convicted has had their civil rights restored and is not prohibited by state law from possessing firearms, then they can possess again under California and federal law.
Here again, you need a lawyer with years of experience in getting convictions expunged and set aside and restoring civil rights like the right to have a gun.

There are many other ways that people lose their right to possess arms, and each case has its own circumstances. A term of probation can prohibit firearm possession. Dozens of California misdemeanor convictions, temporary restraining orders in family court, mental problems, chronic alcoholism, telling your therapist you want to hurt somebody, and drug addiction can all result in the loss of firearm rights in California. Under federal law, drug addiction, dishonorable discharge from the military, being an illegal alien, renouncing citizenship, and fugitive status can all result in a felony conviction for being a prohibited person in possession of a firearm or ammunition.

Call for a free consultation regarding your right to have a gun and avoid losing that right along with other precious liberties.

State and federal law make it unlawful for certain persons to own and/or possess firearms, including:

• Any person who is convicted of a felony, or any offense enumerated in Section 12021.1 of the Penal Code
• Any person who is ordered to not possess firearms as a condition of probation or other court order
• Any person who is convicted of a misdemeanor listed in Section 12021(c)(1) of the Penal Code (refer to List of Prohibiting Misdemeanors)
• Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in 707(b) of the Welfare and Institutions Code (WIC), an offense described in Section 1203.073(b), or any offense enumerated in Section 12021(c)(1)
• Any person who is subject to a temporary restraining order or an injunction issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2 or 646.91 of the Penal Code, or a protective order issued pursuant to WIC Section 15657.03
• Any person who is found by a court to be a danger to himself, herself, or others because of a mental illness
• Any person who is found by a court to be mentally incompetent to stand trial
• Any person who is found by a court to be not guilty by reason of insanity
• Any person who is adjudicated to be a mentally disordered sex offender
• Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder, or an impairment by chronic alcoholism
• Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim, that has been reported by the psychotherapist to law enforcement
• Any person who is taken into custody as a danger to self or others under WIC Section 5150, assessed under WIC Section 5151, and admitted to a mental health facility under WIC Sections 5151, 5152, or certified under WIC Sections 5250, 5260, and 5270.15
• Any person who is addicted to the use of narcotics (state and federal)
• Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal)
• Any person who has been discharged from the military under dishonorable conditions (federal)
• Any person who is an illegal alien (federal)
• Any person who has renounced his or her US Citizenship (federal)
• Any person who is a fugitive from justice (federal)

Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction, but the duration of each prohibition may vary. All statutory references are to the California Penal code, unless otherwise indicated.

• Threatening public officers, employees, and school officials (§ 71.)
• Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the threat (§ 76.)
• Intimidating witnesses or victims (§ 136.1.)
• Possessing a deadly weapon with the intent to intimidate a witness (§ 136.5.)
• Threatening witnesses, victims, or informants (§ 140.)
• Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (§ 148(d).)
• Unauthorized possession of a weapon in a courtroom. Courthouse, or court building, or at a public meeting (§ 171(b).)
• Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (§ 171(c).)
• Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional officers (§ 171(d).)
• Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (§ 186.28.)
• Assault (§§ 240, 241.)
• Battery (§§ 242, 243.)
• Assault with a stun gun or taser weapon (§ 244.5.)
• Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (§ 245.)
• Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (§ 245.5 .)
• Discharging a firearm in a grossly negligent manner (§ 246.3.)
• Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (§ 247.)
• Inflicting corporal injury on a spouse or significant other (§ 273.5.)*
• Wilfully violating a domestic protective order (§ 273.6.)
• Drawing, exhibiting, or using deadly weapon other than a firearm (§ 417(a)(1) and (a)(2).)
• Inflicting serious bodily injury as a result of brandishing (§ 417.6.)
• Making threats to commit a crime which will result in death or great bodily injury to another person (§ 422.)
• Bringing into or possessing firearms upon or within public schools and grounds (§ 626.9.)
• Stalking (§ 646.9.)
• Armed criminal action (§ 12023.)
• Possessing a deadly weapon with intent to commit an assault (§ 12024.)
• Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (§ 12034(b) or (d).)
• Criminal possession of a firearm (§ 12040.)
• Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (§ 12072(b).)
• Various violations involving sales and transfers of firearms (§ 12072(g)(3).)
• Person or corporation who sells any concealable firearm to any minor (former § 12100(a).)
• Unauthorized possession/transportation of a machine gun (§ 12220.)
• Possession of ammunition designed to penetrate metal or armor (§ 12320.)
• Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (§ 12590.)
• Bringing firearm related contraband into juvenile hall (§ 871.5 WIC.)
• Bringing firearm related contraband into a youth authority institution (§ 1001.5 WIC.)
• Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (§ 8100 WIC.)
• Providing a firearm or deadly weapon to a person described in WIC 8100 or 8103 (§ 8101 WIC.)
• Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under conservatorship (§ 8103 WIC.)

The following misdemeanor convictions result in a lifetime prohibition:

• Assault with a firearm (§§ 12021(a)(1), 12001.6(a).)
• Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, housecar or camper (§§ 246, 12021(a)(1), 12001.6(b).)
• Brandishing a firearm in presence of a peace officer (§§ 417(c), 12001.6(d), 12021(a)(1).)
• Two or more convictions of 417(a)(2) (§ 12021(a)(2).)

* A “misdemeanor crime of domestic violence” (§§ 18 U.S.C. 921(a)(33)(A), 18 U.S.C. 922(g)(9).)
Note: The Department of Justice provides this document for informational purposes only. This list may not be inclusive of all firearms prohibitions. For specific legal advice, please consult with an attorney licensed to practice law in California.

PERSONAL FIREARMS ELIGIBILITY CHECK APPLICATION

If you are sentenced to prison you are not eligible to later expunge the conviction.  However, you may be eligible to obtain a certificate of rehabilitation which can help you gain employment, a license or other needs.

To receive a certification of rehabilitation from the superior court, you must show the following: (1) you have lived in California for at least three years immediately prior to filing the petition (Penal Code § 4852.01(a)) and (2) seven years have passed since your most recent conviction or since you were released on parole or probation, whichever is later (Penal Code § 4852.03(a)(3). The rehabilitation time is nine or ten years if you were convicted of certain serious or violent offenses such as murder, offenses that carry a life sentence, or those that require § 290 registration. (Penal Code § 4852.03 (a)(1)-(2).)

Additionally, certificate of rehabilitation are not available for people convicted of a misdemeanor, serving mandatory life parole, convicted of 286(c), 288, 288a(c), 288.5, 289(j), or persons in the military service. (Penal Code § 4852.01(d).)

A certification of rehabilitation that is granted by the Superior Court judge it is automatically forwarded to the Governor’s office as an application for a pardon. (Penal Code § 4852.06.)

Early Termination of Probation

You may bring a motion in superior court to obtain early termination of your misdemeanor or felony probation. To obtain this relief, you must provide evidence of your good conduct and reform and show that the ends of justice will be served by granting you early termination of probation. (Penal Code § 1203.3(a).) This means that you must show the judge that there is good reason to terminate your probation early. A job requiring a clear criminal record is an example of good reason to grant such a motion. If you are granted early termination of probation, you can then move forward with having your records sealed under 1203.4.

Note that the trial court does not have authority to terminate your probation early when a specific probationary period is a term of your plea agreement. (People v. Segura (2008) 44 Cal.4th 921.)

If maintaining your criminal record is important to you feel free to give me a call. I enjoy helping my client’s avoid convictions whenever possible, and when that is not possible to minimize the adverse effects of a criminal conviction by negotiating and carefully structuring the disposition so that you can earn back your clean record.

~ Dan Koukol, California Criminal Defense Attorney

There are several different circumstances in which records of your arrest or detention may be completely sealed and destroyed.  The various scenarios are laid out below.

If you were arrested and no charges were ever filed, you may petition the arresting agency and the district attorney to have your records sealed and destroyed. They will grant relief if you can show you are factually innocent of the crime charged.  Factual innocence exists when no reasonable cause existed to believe that you committed the offense. If the law enforcement agency and district attorney fail to timely respond (usually 60 days), the petition is deemed denied.   (Penal Code § 851.8(a)-(b).)

If your petition to law enforcement is denied, you can petition the superior court in the county of your arrest to seal and destroy your records. You must prove to the superior court that you are factually innocent of the crime charged.  This is done by providing the court with declaration, affidavits, police reports and other relevant evidence showing that no reasonable cause existed to believe that you committed the offense.  (Penal Code § 851.8(b).)  The court will not grant relief if they “believe or conscientiously entertain any honest and strong suspicion that the person arrested [or acquitted] is guilty of the crimes charged.”  (People v. Adair (2003) 29 Cal.4th 895.)

If you were arrested, charges were filed, but no conviction occurred, you may directly petition the superior court to seal and destroy your records. The court must also find you factually innocent of the crime in order to grant relief in this scenario.  (Penal Code § 851.8(c).)

The court may also order your arrest record sealed and destroyed in cases where dismissal occurs and the prosecuting attorney concurs with the court’s order.  (Penal Code § 851.8(d).) Finally, a judge presiding over a jury trial in which an acquittal occurs may find the defendant factually innocent of the charges and order the records sealed and destroyed on their own. (Penal Code § 851.8(e).)

Having your records ordered sealed and destroyed ensures that all law enforcement agencies and the courts will seal you records and, after three years, destroy them. Once ordered sealed and destroyed, you need not indicate that you were ever arrested of the offenses.  (Penal Code § 851.8(f).)

A similar record sealing process exists for substance use or drug possession offenses. Court may order your drug arrest record sealed, but not destroyed, if the following elements are met: (1) you completed statutory drug diversion or DEJ program, and (2) the offense for which diversion or DEJ was granted is listed in Penal Code § 1000. (Penal Code § 851.90(a)(1).) Once an arrest record is ordered sealed and destroyed, you need not indicate that you were ever arrested of the offense, unless you are applying for a peace officer position in which case you must disclose the arrest . (Penal Code § 851.90(a)(6), (b).)

Juvenile Record Sealing

Your indiscretions as a juvenile don’t have to follow you as an adult. In many cases, you can seal your juvenile records when you turn 18. (Penal Code § 851.7.) To do so, you must petition the juvenile court in the county you were convicted to have your juvenile record sealed. (Welfare & Institutions Code § 781(a).) Once sealed, your juvenile offenses are inaccessible and they will be destroyed five years from the date sealed. If you do not petition to have your juvenile record sealed, they will remain on your record until you turn 38; at which time they will be destroyed. (Welfare and Institutions Code § 781(d).)

A similar procedure under Welfare and Institutions code § 389 is applicable if you were deemed a dependent of the court as a juvenile.

Note that some serious violent felonies under Penal Code § 707(b) are not be eligible to be sealed, will not be automatically destroyed and can be used as strikes against you in the future.

If you have any questions about your personal situation, please contact me for a free consultation.

~ Dan Koukol, Criminal Defense Attorney

Can obtaining a dismissal help you get a job or a license?

Depending on whether the employer is public or private, having your records dismissed can make a big difference.

Generally, private employers cannot ask applicants about dismissed records. California law states that it is unlawful for an employer to inquire or seek information about an applicant concerning arrests that did not result in a conviction, convictions that have been ordered sealed, expunged or statutorily eradicated, cases dismissed under Penal Code § 1203.4, and any arrests in which a pretrial diversion program was successfully completed. (See Labor Code § 432.7(a); Cal. Code of Regs. § 7287.4(d).)

Thus, a private employer can only legally ask you: (1) have you ever been convicted of a crime? and (2) are you out on bail or your own recognizance regarding a recent arrest? You need not tell the private employer about arrests that did not lead to a conviction or about convictions that have been dismissed.

When applying for government employment, license or certification, the law is slightly different. State and local governments are authorized to make applicants submit their fingerprints in order to receive state and federal criminal history information about them. (Penal Code § 11105.) The level of information the agency is allowed to consider depends upon on the job, license or certification applied for. For instance, agencies employing peace officers are entitled to see all convictions, arrests, and successful diversions. (Penal Code § 11105(k).) Other agencies are only entitled to view convictions and offenses for which the applicant is presently awaiting trial. (Penal Code § 11105(p).)

As a result, government employers can see every conviction rendered against you; even those that have been dismissed. (See Business and Professions Code § 480.)  Thus, if a government employer asks if you have ever been convicted of a crime and the charge was dismissed, you must respond “yes, conviction dismissed.” Because of the safeguards under Labor Code § 432.7(a) however, dismissed convictions cannot be considered for employment purposes.

Note that applications for government licensure often require you to list all misdemeanor or felony conviction; even those that have been dismissed or expunged. When asked in this fashion, include all convictions. Government licensing agencies are allowed to consider all convictions to determine whether they are substantially related to the qualifications, functions or duties of the licensee. Failure to disclose this information will likely be viewed as an attempt to misrepresent or deceive the agency which may be considered worse conduct than the underlying conviction.

If you are facing any of these issues and need help, contact me.

~ Dan Koukol, Criminal Defense Attorney

There are several ways to have convictions dismissed from your record including reducing your felony to a misdemeanor, expungement, diversion, and marijuana charge erasure. These methods are explained below.

1. Reducing a felony to a misdemeanor

A conviction can be reduced from a felony to a misdemeanor. (Penal Code § 17(b).) Only violations known as “wobblers” (offenses that can be originally charged as either a felony or misdemeanor) may be reduced to misdemeanors. An offense is a “wobbler” if the punishment statute allows a sentence of state prison or county jail.

If the court grants reduction under § 17(b), the offense is considered a “misdemeanor for all purposes” which means rights to own a gun are reinstated and immigration consequences associated with the felony are removed. Note however, that a felony reduced to a misdemeanor under § 17(b) can still be considered as a “strike” offense for punishment purposes. (See People v. Franklin (1997) 57 Cal.App.4th 68.)

2. Expungement

Expungement is a procedure used to have convictions dismissed from your record. You must satisfy the following elements to be eligible for an expungement: (1) not be on probation or parole when the court hears your motion to expunge your conviction; (2) not be serving a sentence; and (3) not be charged with committing any offense. (Penal Code § 1203.4.) Since “offense” includes all crimes (felony, misdemeanor and infraction) outstanding warrants and traffic infractions would disqualify you from expungement. The court is required to grant expungement motions as a matter of law if probation is successfully completed. In all other cases, the court has discretion to grant or deny the petition. If the court grants expungement, the accusation against you will be dismissed and you will be released from all penalties and disabilities resulting from the offenses. The effects of expungement on obtaining employment or a license are discussed later.

Expungement is prohibited in the following cases: infractions, convictions resulting in state prison sentences, misdemeanor convictions under Vehicle Code § 42001, the following Penal Code Sections: 286(c), 288, 288a(c), 288.5, 289(j), felony 261.5(b), and in all cases in which probation was not granted.  (Penal Code § 1203.4(b); People v. Borja (1978) 110 Cal.App.3d 378.)

3. Diversion

Diversion is another conviction dismissal mechanism. This is routinely offered for minor, non-violent offenses such as petty theft. In diversion cases, the charge against you will be dismissed if you successfully complete all of the diversion program requirements.

If you are charged with being in possession of drugs or under the influence of controlled substances, drug diversion programs (often referred to as deferred entry of judgment or (DEJ)) allow you to have the charges against you dismissed if you successfully complete the program and stay out of trouble for 18 months. (Penal Code § 1000.) A huge benefit of the DEJ program is that employers and state licensing agencies cannot use the arrest against you if you complete the program successfully, unless you are applying for a peace officer position. (Penal Code § 1000.4(a).)

Proposition 36 is another drug diversion program that allows drug charges to be dismissed upon successful completion of the program. (Penal Code § 1210.1.)  If available however, DEJ is the preferred program because the restrictions of the use of the arrest information by employers and state licensing agencies does not apply to Proposition 36 diversion.

4. Marijuana possession erasure

All possession of marijuana for personal use convictions, after January 1, 1976, are automatically erased from your record after two years. (Health & Safety Code §§ 11361.5, 11361.7.) Therefore, you need not seek dismissal of these simple possession cases unless your marijuana charge still appears on your record. Note, convictions for cultivation, sale or transportation are not eligible for automatic dismissal.

Check back for more blog posts on this subject and others.

If you are in need of help through any dismissal process, please contact me for a free consultation.

~ Dan Koukol, Criminal Defense Attorney

If you have a criminal history record, there are ways to clean it up to minimize its future impact on your life. However, before exploring these methods, it is important to know exactly what is on your record. 

Your criminal history record can be obtained from a variety of sources. The court papers you received when you were convicted is a good source of this information. If you did not keep this information, you can go to the superior court in the county in which you were convicted and obtain these documents. Ask for a copy of your order of judgment. Note that this will only contain information for convictions from that particular county; not any other county in which you may have also been convicted. You must obtain that information from the superior court for each county in which you were convicted in order to have your complete conviction records.

You can also obtain your “RAP” sheet from the California DOJ by going to an authorized livescan provider, submitting your fingerprint images, completing a form and paying a fee ($25 for DOJ processing and around $25 for the print rolling).

Follow this link to review the process:  Office of the Attorney General Website

I suggest using a private livescan rather than going to the local police or sheriff’s office to avoid any unwelcome arrests for unknown outstanding warrants. 

Note that there may be arrests or convictions on your record that do not appear on your DOJ “RAP” sheet due to a court’s failure to report a disposition or other errors.  Therefore, I suggest obtaining your order of judgment from the superior court to be sure you have accurate records.

Stay tuned for more on cleaning up your criminal record. Remember, I am available for consultations by appointment.

~ Dan Koukol, Criminal Defense Attorney

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.

To learn more about this topic subscribe to the RSS feed or check back weekly.

If you have a criminal record in California and want to know your options, contact me for a consultation.

~ Dan Koukol, Criminal Defense Attorney

As you know this is a very scary situation to be in. I have found, in most cases, the people who meet with me find that learning about their situation and formulating a plan to move forward brings them significant relief. I believe that the more a client knows about the law, the better equipped he or she will be to make educated decisions. Helping people achieve the best possible outcome is always my number one goal.

I specialize in Criminal Law in California and have 20 years experience defending people that have been accused of felonies and misdemeanors. I have extensive trial experience including high profile capitol offense cases and 3 strikes cases. I have had excellent results practicing as a criminal defense attorney in all kinds of cases including DUI’s, drug related charges, sex offenses, murder, burglary, robbery and grand theft.

My primary strength is that I have a solid understanding of criminal defense in California.  Because of my background creating the CrimeTime sentence calculation product, I have extensive knowledge about California criminal law. Additionally, I have a unique ability to recognize opportunities that would enable us to reach mutually beneficial settlement agreements. I also have a reputation of being a hard fighting litigator and a very experienced trial attorney.

If you or a loved one is facing criminal charges of any kind, contact me so that we can discuss all of your available options and begin to formulate a plan of action to move forward and achieve the best possible outcome.

Dan Koukol, California Defense Attorney