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Past convictions are holding back more Californians than ever. Sometimes these convictions can be 20, even 30 years old. Fortunately California has a process that allows you to have past convictions dismissed or expunged from your record. By contrast, Federal offenses are not expungeable from records, though we are working to change that (see Fresh Start Act of 2011.) At Beahm Law, we frequently help clients clear up their past records by seeking to have the conviction dismissed pursuant to Penal Code section 1203.4. Once a California felony, misdemeanor or infraction conviction is expunged, a prospective employer may not use it against you in hiring decisions. In fact, they cannot even ask about your California expungement in an interview. Further, an employer cannot use an expunged conviction against you in promotion decisions. It is important to know what a California expungement does and does not do. Contrary to popular belief, an expungement does not erase or destroy your record. When a criminal background check is run, it will likely still indicate the code section you were originally accused of. However, it will now show that the case against you was dismissed. In addition, a California expungement does not overturn a driver’s license suspension or revocation, allow you to own a gun if your gun rights have been revoked under Penal Code 12021, or end your duty to register as a California sex offender. Beahm Law can normally file for an expungement or dismissal as soon as your probation has ended. In some cases, we can even request that the court terminate your probation early and allow us to file for an expungement immediately.

California is known for a liberal policy on drugs and drug possession, but that is not always the case. Manydrug possession cases are charged as felonies. And when it comes to selling, growing, manufacturing or transporting drugs, the penalties are massive. Fortunately, under Health & Safety Code 11350, drug diversion is an option for many cases that involve only drug possession. In cases involving the alleged sale of drugs, much of the case will hinge on the question of whether the prosecution can show “intent to sell,” which is difficult to prove, absent a sting operation. When a suspect is arrested, California police look for evidence of intent to sell. Such evidence might include: Relatively large quantity of drug(s) Large amounts of cash Weapons Plastic baggies or other separate containers Multiple cellular phones Text messages Scales Precursor materials Lab equipment Fertilizer, pots, soil This evidence can be aggressively challenged. After a thorough investigation, we often find that California police: make mistakes, exaggerate or lie in their police reports make arrests despite lacking solid evidence violate suspects Constitution right to be protected from illegal searches and seizures obtain warrants based on faulty or trumped up evidence violate California law against entrapment make use of “informants” of dubious reliability The key in drug cases is to chop away at the evidence and assumptions one by one. There is much that can be done to get your case dismissed. For example, often it turns out that the police illegally searched you. When that’s the case, your attorney can make a suppression motion and ask the court to show out the illegally obtained evidence. If the judge agrees, your case will likely be thrown out thanks to the motion to suppress.