If you have a misdemeanor or a felony where you were not committed to the California Department of Correction and Rehabilitation, Penal Code section 1203.4 permits setting aside your conviction under certain circumstances. This is commonly known as a record clearance or an expungement.
If you qualify for Public Defender services our Reentry Expungement Program (REP) may be able to assist you with Penal Code section 1203.4 relief. REP is located inside the Reentry Resource Center at 151 W. Mission Street. Please call 408 535-4290 to make an appointment.
If you are currently a CALWORKS participant you may qualify for additional record clearance/expungement services. Please call 408 299-7025 or 408 299-7028 to inquire.
Three Strikes Reform Project
WHAT IS PROPOSITION 36 - THREE STRIKES REFORM?
- Prop. 36 restores the original intent of the Three Strikes law by requiring that life sentences be imposed for serious or violent crimes.
- Repeat offenders who commit minor, non-violent crimes will receive double the ordinary sentence instead of life.
- Inmates currently serving life sentences for non-serious, non-violent crimes can apply for a new sentence, but the sentence can only be reduced if a judge determines that they are no longer an unreasonable threat to public safety.
- No rapists, murders, or child molesters will benefit from Prop. 36. The initiative includes a safety clause that prohibits anyone who has past convictions for very violent crimes from receiving any benefit of the change in law, no matter how minor the defendant’s third strike offense.
- Prop. 36 does not change the definition of burglary or alter the list of serious or violent crimes. Nor does Prop. 36 have any impact on so-called “second strike” sentences.
- The non-partisan Legislative Analyst’s Office projects that the Reform Act may save the state over $70-100 million annually.
Certificate of Rehabilitation
If you were convicted in California and committed to a state prison, you may be eligible for a Certificate of Rehabilitation. The requirements and other information, including forms and instructions, can be found by downloading this document
. If you qualify to apply for a Certificate of Rehabilitation and meet income eligibility, you can be represented by the Public Defender Office.