California offers many solutions to expunging or sealing your criminal records. Everyone deserves a second chance and California offers remedies to put your past behind you. If your conviction was a misdemeanor or a felony that did not result in prison time, you may be eligible to have your record expunged. Read more on how to expunge your criminal record. If your felony resulted in prison time, California offers a Certificate of Rehabilitation to show potential employers that you have been and outstanding citizen and have truly put your past behind you.

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How To Expunge A Record In Sacramento

Expungement requires filing a motion to expunge pursuant to California Penal Code § 1203.4. The motion must be served on the District Attorney, who will have an opportunity to oppose and argue against it at a court hearing. Courts in Sacramento charges a non-refundable $120 filing fee that is required at the time the motion is filed. The court will schedule a hearing. Your attorney can attend the hearing on your behalf and argue the case.

Seek a Specialized Sacramento Record Expungement Attorney

Attorneys who specialize in expungement can expunge misdemeanors for around $600, and that includes all court costs. They can expunge felonies for around $800. When choosing an Sacramento expungement attorney, there are key factors on choosing a reputable attorney to handle your expungement or record sealing case. Below are some tips on choosing a qualified expungement or record sealing lawyer to expunge your criminal record.

- Check the California state bar records for a license and discipline report
- Make certain the street address on the California Bar records match where you are sending payment
- Have the security and protection of paying with a credit card
- Make certain the attorney has a street address

Why Should You Expunge Your Sacramento Criminal Record?

Once your Sacramento criminal record is expunged, your employment opportunities are broadened as records will no longer appear in background checks. You become eligible to obtain certain professional licenses such as a California contractors license, real estate license, nursing licenses and other medical professions. Also, you have the benefit of honestly telling anyone that you were not convicted of a crime.

Certificate of Rehabilitation Residency Requirments

The State of California requires that people seeking a Certificate of Rehabilitation to have been residents of California for a specific period of time prior to filing their request for th certificate. This time period depends on the crime for which the person is seeking a Certificate of Rehabilitation. There have been challenges to this requirement, arguing that requiring people who have been convicted of felonies to remain in California for several years in order to receive a Certificate of Rehabilitation violates the right to equal protection under the law and right to travel as provided in the United States Constitution. However, the Court of Appeals for California has repeatedly upheld the constitutionality of the residency requirements.

In 2006, the Court of Appeals held that the residency requirements for felons seeking a Certificate of Rehabilitation as set forth in California Penal Code § 4852.01 and § 4852.06 were constitutional in the case of People v. Parker. It re-affirmed this decision in People v. Munizza. In Parker, the person seeking a Certificate of Rehabilitation argued that the residency requirements impeded his right to leave California and live in another state, which he claimed created an impermissible distinction between felons living in the state and felons who have left to live in a different state.

The court, however, rejected this argument and held that the residency requirements for a Certificate of Rehabilitation did not violate either the right to travel or right to equal protection under the law. The right to travel, as relevant to the residency requirements, only obligates states to treat residents of other states as friendly visitors and not unfriendly aliens while temporarily in another state. The court held that by granting rights to residents of California, the state was not then obligated to continue to offer the benefit of its programs to residents who have chosen to leave the state and reside elsewhere.

As pertaining to the right to equal protection under the law, the court in Parker further held that the residency requirements for the Certificate of Rehabilitation did not involve a fundamental right or suspect classification and thus were reviewable under a rational basis test. The court found that California has a compelling interest in only granting Certificates of Rehabilitation to deserving individuals, a goal towards which the residency requirements have a rational and legitimate relationship. The court also noted that a superior court considers more than just the official records of a person?s conviction when decided whether or not to grant a certificate of rehabilitation. Superior courts also deal with a wide range of materials and evidence regarding the individual?s character that are effectively discovered only if the individual has been in California during the period of rehabilitation. Accordingly, the Parker court held that the constitutional right to travel and to equal protection under the law were not violated by the residency requirements necessary for a grant of a Certificate of Rehabilitation.