Criminal Law · answered on camera

Attorney Kirk Tarman Explains The Various Methods To Erase A Criminal History

Name: Attorney Kirk Tarman Explains The Various Methods To Erase A Criminal History
Uploaded: 2024-01-13T11:04:49Z
Channel: Kirk Tarman
Description: California offers several ways to clear a record, explains San Bernardino attorney Kirk Tarman. A Penal Code 1203.4 'expungement' seals a conviction so it reads as dismissed; a 17(b) motion can reduce an eligible felony to a misdemeanor first. Arrests without conviction can be sealed and destroyed, and a factual-innocence finding erases it entirely—though some jobs still require disclosure.

Quick answer

California offers several ways to clear a record, explains San Bernardino attorney Kirk Tarman. A Penal Code 1203.4 'expungement' seals a conviction so it reads as dismissed; a 17(b) motion can reduce an eligible felony to a misdemeanor first. Arrests without conviction can be sealed and destroyed, and a factual-innocence finding erases it entirely—though some jobs still require disclosure.

Excerpt summaries from the video and transcripts · how we make them

Law updateNOTE — current law: Since this interview, California added automatic record relief under SB 731 (the 'Clean Slate' law, effective July 1, 2023, phased through July 1, 2024). The Department of Justice now reviews records monthly and automatically seals most felony convictions four years after the case ends, felony arrests with no charges after three years, and dismissed cases promptly—no petition required. Serious, violent, and sex-registration felonies are excluded, and petition-based relief (PC 1203.4 expungement, 17(b) reductions) still applies for cases outside automatic eligibility.

Answered by Kirk Tarman · San Bernardino County, CA

Highlights

1:33

— how a Penal Code 1203.4 expungement reopens and dismisses the case

2:15

— the 17(b) motion that drops a wobbler felony to a misdemeanor

3:37

— sealing an arrest that never led to a conviction

5:03

— the certificate of rehabilitation and pardon route after prison

Frequently Asked Questions

How can you clear a criminal record in California?

Several ways—a Penal Code 1203.4 'expungement' reopens the case and dismisses it so it reads as dismissed.

What is a 17(b) motion?

It reduces an eligible 'wobbler' felony to a misdemeanor, often done first before seeking an expungement.

Can an arrest without conviction be cleared?

Yes—an arrest that never led to a conviction can be sealed, and a factual-innocence finding can erase it entirely.

Is there relief after prison?

Yes—a certificate of rehabilitation and pardon route is available for those who served time, though some jobs still require disclosure.

→ Full interview on Attorneys.Media

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Contact Kirk Tarman

Answered by

Kirk Tarman
The Law Offices of Kirk Tarman & Associates

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