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Felony Expungement Eligibility

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Posted on : 24-11-2011 | By : Darren Chaker | In : California Expungement

A favorite quote of Darren Chaker comes from the Supreme
Court, ‘Laws are made to protect the trusting as well as the suspicious.’  Federal Trade Comm’n v. Standard Education Society, 302 U. S. 112, 116.” Here is a good way to stop being labeled as being suspicious and a path to become trusted once again – by societal standards. If you suffered a conviction for a felony that could be classified as a wobbler in California, you are eligible to have it reduced to a misdemeanor and expunged. The most current list of wobbler crimes that could have been charged as a felony or misdemeanor are:

Penal Code

32 Accessory after the fact to a felony

69 Resisting or deterring executive officer

71 Threat to injure school or public employees

72 False claim to public board or officer wit defraud

95 Influencing juror/referee/umpire

95.1 Threatening juror following verdict

96 Misconduct of jurors/referees/umpires

99 State printer conflict of interest

100 Collusion of state printer in fraud against state

148.10 Resisting officer and causing death or serious bodily injury

107 Escape of felon prisoner from training school/county hospital

115.1 Publishing campaign advertisement containing unauthorized signature

118.1 Peace officer filing a false report

136.1(a) Maliciously dissuade witness or victim from testimony

136.1(b) Dissuade witness to or victim of crime from making report

136.5 Possess deadly weapon wit dissuade witness from testimony

149 Assault or battery by police

166 (c)(4) Violation of protective order w/pc

166 (d) Purchase or receipt of firearm in violation of protective order

168 Disclosing warrant prior to execution

171b Bringing firearm, knife, or deadly weapon into courthouse

171b Bringing firearm, knife, or deadly weapon into state or local public building

171c Bringing loaded firearm into state office/capitol/legislative office

171d Bringing loaded firearm into res/grounds of governor/legis off/legislator

182(a)(1) Criminal conspiracy to commit felony (see underlying felony)

182(a)(2) Conspiracy to indict falsely

182(a)(3) Conspiracy to maintain false court action

182(a)(4) Conspiracy to cheat or defraud

182(a)(5) Conspiracy to obstruct justice

182.5 Criminal street gang conspiracy (see underlying felony)

186.22(a) Participation in criminal street gang activity

186.22(a) Participation in criminal street gang activity

186.22(b)(1) Committing misdemeanor while violating provisions against participating in criminal street gang

186.22(c) Committing felony/misdemeanor while violating provisions against participating in criminal street gang

186.22(d) Commission
of wobbler in association with criminal street gang

186.26(a) Adult use of physical violence to coerce, induce, or solicit minor to participate in criminal street gang activity

186.26(b) Adult use of threats of physical violence on two or more occasions within 30-day period to coerce, induce, or solicit minor to participate in criminal street gang activity

186.28 Supplying or selling of firearm for use in commission of felony by criminal street gang member

192(c)(1) Vehicular manslaughter, w/o drugs or alcohol, but w/gross neg

192(c)(3) Vehicular manslaughter, w/drugs or alcohol, but w/o gross neg

192.5(a) Vessel manslaughter, w/o drugs or alcohol, but w/gross neg

192.5(c)(3) Vessel manslaughter, w/drugs or alcohol, but w/o gross neg

227 Dueling

231/227 Leaving state
to duel/aid a duel

241.1 Assault on a
custodial officer

241.4 Assault on school security patrol member

241.7 Assault on juror

243(c) Battery against peace officer/firefighter/paramedic w/injury

243(c)(1) Battery against custodial officer/firefighter/paramedic w/injury

243(c)(2) Battery against peace officer w/injury

243(d) Battery against person resulting in serious BI

243.3 Battery against public vehicle operator w/injury

243.4(a)-(d) Sexual battery

243.6 Battery against school employee w/injury

243.7 Battery against juror

243.9(a) Battery of peace officer or local detention facility employee by prisoner by gassing  244.5(b) Assault w/stun gun or taser

244.5(c) Assault w/stun gun or taser on peace officer/firefighter

245(a)(1) ADW other than firearm or assault w/force likely to produce GBI on person

245(a)(2) Assault with firearm 245.5(a) ADW other than firearm or assault w/force likely to produce GBI on school employee

245.5(b) ADW w/firearm on school employee

245.5(c) Assault w/stun gun or taser on school employee

246 Discharge firearm at inhabited dwelling, vehicle, or aircraft

247(b) Discharge firearm at unoccupied vehicle

247.5 Discharge laser at aircraft

261.5 Unlawful sexual intercourse

261.5(c) Unlawful sexual intercourse with minor more than 3 years younger than defendant

261.5(d) Unlawful sexual intercourse with minor under 16 by defendant over 21

262 Spousal rape

266 Seduction of minor for prostitution

266c Inducing commission of sexual act through false representation creating fear

267 Abduction of a minor for prostitution

270 Child neglect by person adjudicated as parent

271 Child abandonment

271a Willful abandonment or nonsupport of child under 14 years

273(c) Paying parent for adoption of child w/pc

273a(1) Willful cruelty to child

273a(a)(1) Willful cruelty to child

273a(a) Willful cruelty to child

273d Inflict traumatic injury on child

273d(a) Inflict traumatic injury on child

273.5 Inflict traumatic injury on spouse or cohabitant

273.5(a) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant

273.5(e) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of specified pc

273.5(e)(1) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of pc of Pen C 243(d), 243.4,

244,244.5,245 or
273.5(a)

273.5(e)(2) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of pc Pen C 243(e)

273.6(c) Violation of protective order w/pc

273.6(d) Violation of protective order w/pc

273.6(d) Violation of protective order w/pc

273.6(e) Violation of protective order resulting in physical injury w/pc

273.55 Inflict traumatic injury on spouse or cohabitant w/pc of specified assault

273.65(d0 Violation of protective order w/pc

273.65(e) Violation of protective order resulting in physical injury w/pc

276 Soliciting women to submit to illegal abortion

278 Child stealing

278.5 Child stealing in violation of custody order

280(b) Child concealment outside of state

283 Bigamy

284 Marrying spouse of another

286(b)(1) Sodomy, victim under 18 years

286(e) Sodomy in jail or prison

286(h) Sodomy, victim incompetent, both confined for mental disorder

288(c) Lewd & lascivious act w/child 14 or 15, def at least 10 yrs older

288(c)(1) Lewd and lascivious act w/child 14 or 15, def at least 10 yrs older

288(c)(2) Lewd and lascivious act by caretaker w/dependent adult

288.2 Distribution or exhibition of lewd material to minor

288.2(a) Distribution or exhibition of lewd material to minor

288.2(b) Distribution or exhibition of lewd material to minor by electronic mail/Internet

288a(b)(1) Oral copulation, victim under 18

288a(e) Oral
copulation in jail or prison

288a(h) Oral
copulation, victim incompetent, both confined for mental disorder

289(c) Sexual
penetration w/foreign object, victim incompetent, both confined for mental
disorder

289(c) Sexual
penetration w/foreign or unknown object, victim incompetent, both confined for
mental disorder

289(h) Sexual penetration w/foreign object, victim under 18

289(h) Sexual penetration w/foreign object, victim under 18

289.6(a)(2) Employee of public detention facility engaging in sexual activity (as defined in Pen C 289.6(d)(1)-(4)) with inmate

289.6(a)(3) Employee of Youth and Adult Correctional Agency engaging in sexual activity (as defined in Pen C 289.6(d)(1)-(4)) with inmate

290(g)(2) Failure to register w/2 prior convictions

290(g)(2) Failure to register by person convicted of designated sex offenses

290(g)(3) Failure to register by person convicted of a felony sex offense or w/pc

290(g)(5) Failure to register by sexually violent predator

290(g)(5) Failure to register by person adjudicated a sexually violent predator

299.5(g) Unlawful use or disclosure of offender forensic sample or DNA profile

311.1 Sale or distribution of obscene material depicting minors

311.2(d) Sale or distribution of obscene material depicting minor under 17 to minor under 18

311.2(d) Sale or distribution of obscene material depicting minor under 18 to minor under 18

311.10 Advertising obscene material depicting minor under 18

314(1) Indecent exposure after entering inhabited dwelling

332 Obtaining money or property by fraudulent game or trick

334(a) Concessioner fraud by hidden mechanical device

337a Pool selling or bookmaking

337b Corrupt sporting event/bribe player or participant

337c Accepting bribe to throw sport event

337d Bribing official of sport event

337e Official of sport event accepting bribe

337f(c) Racing
drugged horse

337f(d) Racing horse
under fictitious name or license

337i Transmitting
race information for illegal gambling

337.3 Using name of
official in touting

337.7 Use of
illegal/forged credential or license in touting

347(b) Falsely
reporting contamination of food/drink/medicine, etc.

350(a)(2)
Manufacture, sale, or possession for sale of 1,000 or more counterfeit marks

350(a)(2)
Manufacture, sale, or possession for sale of 1,000 or more counterfeit marks
valued in excess of $400

350(b) Manufacture or
sale of counterfeit mark w/pc

350(b) Manufacture,
sale, or possession for sale of counterfeit mark w/pc

350(d)(1) Possession
for sale of less than 100 counterfeit marks at location other than point of
sale w/2 pc

350(d)(2) Possession
for sale of 100 or more counterfeit marks at location other than point of sale
w/pc

350(d)(30 Possession
for sale of 1,000 or more counterfeit marks at location other than point of
sale

367f Sale of human
organs for transplantation

368(a0 Willful
causing of pain to or suffering of dependent adult

368(b) Willful
causing of pain to or suffering of dependent adult

368(c) Theft or
embezzlement over $400 by caretaker of dependent adult

368(d) Theft or
embezzlement over $400 of dependent adult

368(e) Theft or
embezzlement over $400 by caretaker of dependent adult

374.2 Malicious
discharge of harmful materials into public sewer w/pc

374.8 Unauthorized
deposit of hazardous substances

382.5 Selling
dinitrophenol

382.6 Selling certain
chemicals as eyelash dye

387 Corporate
criminal liability regarding disclosure of safety hazards

399(b) Owner or
person having control allowing vicious animal at large resulting in serious
bodily injury

399.5 Failure of
owner to exercise ordinary care with dog that bites person

404.6(c) Inciting
riot in state prison or county jail resulting in serious BI

417(b) Draw/exhibit
loaded firearm in threatening manner on grounds of daycare center

417(b) Draw/exhibit
loaded firearm in threatening manner on grounds of daycare center

417(c) Draw/exhibit
firearm in a threatening manner in presence of po

417.1 Draw/exhibit
firearm in threatening manner in reserve po’s presence

417.6 Inflict serious
BI during violation of 417/417.1/417.8

422 Criminal threats
of violence

422.7 Hate crime

452(a) Unlawful fire
w/GBI

452(b) Unlawful fire
of inhabited structure or property

452(c) Unlawful fire
of structure or forest land

453(a) Possession of
explosive/flammable material or device

453(a) Possess,
manufacture, dispose of flammable material or incendiary device w/arson intent

453(b) Possess,
manufacture or dispose of fire bomb

461(2) Burglary
second degree

463(a) Burglary
second degree during emergency resulting from earthquake, flood

463(a) Burglary
second degree during emergency resulting from earthquake, flood, fire, riot, or
other natural or manmade disaster

463(b) Grand theft
during emergency resulting from earthquake or flood

463(b) Grand theft
during emergency resulting from earthquake, flood, fire, riot, or other natural
or manmade disaster

463(b) Grand theft,
except grand theft of firearm, during emergency resulting from earthquake,
flood, fire, riot, or other natural or unnatural disaster

470 Forgery

470a Forgery of
driver’s license or identification cards

470b Possess/display
forged driver’s license or identification card

471 Altering entries
in books and records

472 Forgery of public
and corporate seals

474 Sending
false/forged message by phone/telegraph w/fraud intent

475 Passing or
receiving forged bill/check/note

475a Fraudulent
possession of completed check/money order, etc.

476
Making/passing/possessing fictitious bill/note/check

476a NSF checks

483.5(d) Manufacture,
sale, or transport of deceptive identification document for fraudulent use

484b Diversion of
over $1,000 in construction improvement loans

484e(a) Selling or
transferring access card wit defraud

484e(b) Theft of
access cards of four or more persons

484e(d) Acquiring
access card information wit defraud

484g Using forged
access card to obtain over $400

484g Using forged
access card or altered access card account information to obtain over $400

484h Access card
offenses by merchant over $400

484i(b)
Counterfeiting access card

484i(b) Altering or
modifying access card account information wit defraud

484i(c)
Counterfeiting access card

487(1) Grand theft

487(2) Grand theft
person

487(3) Grand theft,
farm animal

487(3) Grand theft
auto, farm animal

487(a) Grand theft
money, labor, or property over $400

487(b)(1), (2) Grand
theft agricultural or aquacultural products over $400

487(b)(3) Grand theft
money, labor, or property of $400 or more by servant, agent, or employee

487(c) Grand theft
person

487(d) Grand theft
farm animal

487(d) Grand theft
auto, farm animal

487a Grand theft
carcass

487e Stealing dog
valued at more than $400

487g Dog stealing for
commercial use

487g
Stealing/fraudulently obtaining any animal for commercial use

487h(a) Grand theft
auto, trailer, special construction equipment, vessel

487h(a) Grand theft
auto, trailer, special construction equipment, vessel

496(1) Receiving stolen
property

496(a) Receiving
stolen property

496(b) Receiving
stolen property in excess of $400 by secondhand goods dealer

496(e) Attempted
receiving stolen property

496(d) Attempted
receiving stolen property

496a Junk dealer
receiving property of utility company/railroad, etc.

496c Copying title
information w/o consent of owner

496d Receiving stolen
vehicle, trailer, or vessel

497 Bringing stolen
or embezzled property into state

499(a) Joyriding w/1
pc of Pen C 487(d) or Veh C 10851

499(b) Joyriding w/2
pc of joyriding

499b.1(a) Joyriding
w/prior conviction for auto theft

499b.1(b) Joyriding
w/2 pc of joyriding

499c Theft of trade
secrets

499d Theft of
aircraft

502(d) Receiving
money of $400 or more for transmittal to foreign countries

502(d)
Computer-related crimes

502.5 Removal of
structures from mortgaged realty w/o owner’s consent

502.7(a) Fraudulently
avoiding charge for telephone or telegraph service over $400

502.7(a) Fraudulently
avoiding charge for telephone or telegraph service

502.7(b) Use of
instrument to avoid telephone or telegraph charge over $400

502.7(b) Use of
instrument to avoid telephone or telegraph charge

502.7(d) Allowing
fraudulent use of calling or credit card to obtain telecommunications service

502.7(g) Theft of
telephone or telegraph services w/pc within 5 years

502.8(c) Possession
of telecommunications device with intent to sell and avoid charge for service

502.8(d) Possession
of illegal telecommunications equipment wit sell and avoid charge for service

503 Embezzlement

504 Embezzlement by
public officer

504a Embezzlement of
property held under lease

504b Debtor’s
embezzlement by sale of mortgaged property

505 Embezzlement by
carrier

506 Embezzlement by
trustee

506b Violation of CC
2985.3-2985.4 re real estate sales

507 Embezzlement by
tenant or bailee

508 Embezzlement by
clerk or servant

524 Attempted
extortion

529 Impersonation for
fraud

530 Receiving
money/property in assumed character

530.5 Using personal
identifying information of another to obtain credit, good, services, or medical
information

532 Obtain
money/credit/property/labor by false pretense

532a(4) Making false
financial statement

535 Illegal auction

537(a)(2) Defrauding
innkeeper of more than $400

537e(a)
Purchase/possess/sell integrated circuit e/removed/altered ID/ser. no. more
than $400

538 Sale/dispose of
mortgaged property

538.5 Fraudulent use
of wire, radio, or TV transmissions

540
Stealing/forging/counterfeiting ration coupons

541
Sale/gift/transfer of forged/counterfeit ration coupons

542 Purchase/acquire
forged or counterfeit ration coupons

549 Soliciting
fraudulent insurance claims

550(a)(6)-(9)
Defrauding health care provider of more than $400

550(b)(1)-(4)
Preparing or making false oral or written statement in support of or opposition
to insurance claim

550(b)(2) Defrauding
health care provider of more than $400

551 Offering
consideration for referrals to auto repair dealer or contractor w/pc

560 Issuing false
documents of title

560.4 Issuing
fraudulent duplicate document of title

566 Dairy equipment
offenses over $400

570 Unlawful
subleasing of motor vehicle

577 Issuing false
bill of lading/receipt/voucher

578 Issuing
fictitious warehouse receipts

580 Failure to show
receipt is duplicate

581 Sale or pledge of
property receipted for by carrier or warehouse

587 Injury to or
obstruction of railroad tracks or bridges

591 Injury to
telegraph/telephone/cable TV or other electric line

592(b) Taking water
from canal, ditch, flume or reservoir w/pc

593 Interfering
w/electric power line

593d(b) Manufacture
or distribution of less than 10, or sale of less than 4, unauthorized video
signal converter boxes w/pc

594(b)(1) Vandalism
of $50,000 or more

594(b)(1) Vandalism
of $400 or more

594(b)(2) Vandalism
of $5,000 or more but less than $50,000

594.3(a) Vandalism of
place of worship

594.3(a) Vandalism of
place of worship or cemetery

594.35 Vandalism of
mortuary; distributing or obstructing funeral service

594.4 Defacing,
damaging, or contaminating property with noxious or caustic chemical or
substance

594.7 Vandalism w/2
pc of vandalism

597 Cruelty to
animals

600(a) Inflicting
serious injury on police horse or dog

601 Trespass
consisting of credible threat to cause serious bodily injury and unlawful entry
onto property within 14 days of the threat

601 Trespass
consisting of credible threat to cause serious bodily injury and unlawful entry
onto property within 30 days of the threat

607 Injury or
destruction of hydra-power equipment of $5,000 or more

620 Altering
telegraph/telephone messages

621 Vandalism of law
enforcement memorial or firefighter’s memorial

625b(b) Tampering
w/aircraft

626.9(b) Possession
of firearm within 1,000 feet of school grounds

626.10(a) Possession
of weapon, not firearm, on public school grounds

626.10(a) Possession
of weapon, not firearm, on public or private school grounds

626.10(b) Possession
of weapon, not firearm, on public college grounds

626.10(b) Possession
of weapon, not firearm, on public or private college grounds

626.95 Possessing
firearms on grounds of playground or youth center

629.34 Violation of
wiretapping laws

629.84 Violation of
wiretapping laws

631 Wiretapping

632 Eavesdropping or
recording confidential communication

632.5 Unlawful
interception of cellular radio telephone communication

632.6 Unlawful
interception of cordless telephone communication

632.7 Unlawful
interception of and recordation of cellular radio or cordless telephone communication

634 Trespass to
invade privacy

635 Mfg. or sale of
eavesdropping devices

636(b) Nonelectronic
eavesdropping on privileged conversation

637 Wrongful
disclosure of telephone/telegraph communication

637.1 Wrongful
disclosure of telephone/telegraph communication by employee

641.3 Commercial
bribery where amount of bribe exceeds $1,000

642 Grand theft from
corpse

646.9(a) Stalking

646.9(b) Stalking in
violation of temporary restraining order or injunction

646.9(c) Stalking
w/pc of stalking same victim within seven years

646.9(c)(1) Stalking
w/pfc of Pen C 273.5, 273.6, or 422

647.6 Child
molestation after entering inhabited dwelling without consent

653f(a) Soliciting
commission of crime not murder

653f(d) Soliciting
commission of drug offenses w/pc

653f(e) Soliciting
commission of health care fraud under Welf & I C 14014 w/pc

653h(b) Illegal sound
recording, transfer or transport of 1,000 or more articles

653h(c) Illegal sound
recording, transfer or transport, w/pc

653h(d) Illegal sound
recording for sale w/pc

666 Petty theft
w/prior, grand, or auto theft, burglary, robbery, or felony receiving stolen
property

666 Petty theft
w/prior petty, grand, or auto theft, burglary,

carjacking, robbery,
or felony receiving stolen property

1319.4 Failure to
appear on a felony

1320(b) Willful
failure to appear felony hearing, when released on OR

1320.5 Willful
failure to appear felony hearing, when released on bail

1370.5 Escape from
mental health facility

4011.7 Escape w/force
or violence of misdemeanor prisoner from hospital

4131.5 Battery on
non-inmate by county jail prisoner

4133 Escape from
industrial farm

4501.1 Battery of
peace officer or prison employee by prisoner by gassing

4532(a) Escape or
attempt of misdemeanant from jail w/o force or violence

4532(b) Escape or
attempt of felon from jail w/o force or violence

4532(b) Escape or
attempt of felon from jail w/force or violence

4532(d) Failure of
misdemeanant to return to jail subsequent to temporary release

4532(d) Failure of
felon to return to jail subsequent to temporary release

4536 Escape or
attempt of MDSO from state hospital, etc

4550(2) Rescue or
attempt-prisoner convicted of noncapital crime

11411(b) Placing or displaying
Nazi swastika on property of another on two or more occasions for purpose of
terrorizing the property owner

14411(c)
Cross-burning on property of another for purposes of terrorizing the property
owner

11411(c)
Cross-burning on private property of another or school property for purpose of
terrorizing owner, student, or school employee

11418(d) Use of
recombinant technology to create new pathogens for destructive purposes

11418.1 Mailing,
sending, or causing to be sent a false or facsimile weapon of mass destruction,
or placing or possessing such weapon and causing another person to be placed in
sustained fear

11418.5 Threat of use
of weapon of mass destruction resulting in isolation, quarantine, or
decontamination

12020 Mfg., sake,
possession of illegal weapon

12020 Mfg., sale,
possession of illegal weapons or large-capacity magazines

12021(c) Possession
of firearm within 10 years of certain misdemeanor convictions

12021(d) Possession
of firearm in violation of condition of probation

12021(e) Possession
of firearm by juvenile court ward before age of 30

12021(g)
Purchasing/receiving firearm when subject to domestic violence restraining or
protective order

12021.3 Possession of
firearm within 10 years of misdemeanor conviction of Pen C 76 (threat of harm
to government official)

12023 Carrying loaded
firearm with intent to commit felony

12025(a) Carrying
concealed firearm on person and pc of a narcotics offense or an offense against
person or property

12025(a) Immediate
possession or ready access to concealable firearm and ammunition or loaded
concealable firearm, and defendant not registered owner

12025(b) Carrying
concealed firearm on person w/o license and pc of a narcotics offense or an
offense against person or property

12031(a) Carrying
loaded firearm on person or in vehicle w/pc of a narcotics offense or an
offense against person or property

12031(a) Carrying
loaded firearm on person or in vehicle and defendant not registered owner

12031.5(a) Carrying
loaded firearm on person or in vehicle in violation of Pen C 12031 w/pc

12034(b) Permitting
another to discharge firearm from motor vehicle

12034(d) Discharging
firearm from motor vehicle

12035(b)(1) Criminal
storage of firearm in the first degree

12040 Carrying
firearm in public while masked to hide identity

12072 Unlawful
firearm transaction defined in Pen C 12072(g)(3) (A)-(F)

12072 Unlawful
firearm transaction defined in Pen C 12072(g)(3) (A)-(H)

12072(a) Sale of
firearm to addict or felons

12100 Sale of
concealable firearm to minor w/pc

12100 Sale of
concealable firearm to minor by addict, felon, or mental patient

12101 Possession of
concealable firearm by minor w/pc

12220 Possession or
sale of machine guns

12220(a) Possession
or transport of machine gun

12220(b) Possession
of assault weapon

12303 Possession of
destructive device

12304 Second
conviction for sale or transportation of fixed ammunition

12316(b) Possession
of ammunition or reloaded ammunition by felon or mental patient

12320 Possession of
metal-piercing ammunition

12321 Sale or
transport of metal-piercing ammunition

12355(b) Possession
of a booby trap

12403.7 Using tear
gas other than in self-defense

12422 Alteration of
identification on tear gas weapons

12520 Possession of
firearm silencer

12560 Possession of
firearm w/pfc-firearm

14166 Money
laundering

Bus & Prof. Code

580 Sale of medical
degree

581 Fraudulent
procurement or alteration of medical diploma

582 Fraudulent use of
medical diploma

583 False statement
by medical license applicant

584 Impersonation
during medical license examination

650 Accepting
consideration for referring patients to clinic or lab

729 Sexual
exploitation by psychotherapist w/pc

729 Sexual
exploitation by physician or psychotherapist involving two or more victims

729 Sexual
exploitation by physician, psychotherapist, or alcohol and drug abuse counselor
involving two or more victims

729 Two or more acts
of sexual exploitation by physician or psychotherapist involving single victim
w/pc

729 Two or more acts
of sexual exploitation by physician, psychotherapist, or alcohol and drug abuse
counselor involving single victim w/pc

1282.3 Improper
collection, storage, or labeling of biological specimen with willful or wanton
disregard for safety

2052(a) Unauthorized
practice of medicine

2052(b) Aiding or
abetting another in the unauthorized practice of medicine

2053 Practice
medicine w/o license/certificate

4324 Forgery of
prescription

4390 Forgery of
Prescription

6126(b0 Unauthorized
practice of law by person disbarred or suspended from membership in the state
bar

6126(c) Failure of
member of State Bar or one who has resigned or been disbarred to comply with
order of Supreme Court to comply with Cal Rules of Ct 955

6152 Unlawful
solicitation w/pc

7026.10 Fraudulent
use of contractor’s license number

7027.3 Fraudulent use
of contractor’s license number

7028.16 Repairing
structures damaged by a natural disaster without a contractor’s license

10238.6 Breach of trust
by real property securities dealers

10250.56 Breach of
trust by real property securities dealers

11010.1 Failure to
notify real estate comm’r of intent to issue notes secured by property

11013.1 Sale or lease
of property subject to blanket encumbrance

11013.2 Sale or lease
of property subject to blanket encumbrance

11013.4 Sale or lease
of property not subject to blanket encumbrance

11018.2 Sale or lease
of property w/o public report

11019 Failure to
cease and desist activities when ordered re prop sales

11022 False or
misleading real estate advertising

17511.9 Fraudulent
telephonic sales methods

22430(d) Manufacture,
sale, or transport of deceptive identification document for fraudulent use

Commercial Code

892 Rent skimming,
five or more acts

1695.8 Violations by
equity purchasers

1812.116(b)-(c)
Violations by discount buying organization

1812.217 Marketing
plan sale fraud

2945.4 Unfair dealing
by mortgage foreclosure consultant

2985.2 Encumbering
unrecorded real estate contracts

2985.3 Appropriation
by seller of buyer’s payment when payment by seller on obligation secured by
encumbrance on real property

Corporation Code

2255 Corporation
agent falsifying/destroying records w/fraud intent

2256 Falsifying
evidence used in investigating corporation affairs

6811 Fraudulent
distribution by director of public benefit corporation

6812 Filing of false
financial reports by director or officer of public benefit corporation

6813 Fraudulent
acquisition of corporate property by director or officer of public benefit
corporation

6814 Deception of
public officer examining the organization of public benefit corporation

8812 Fraudulent
distribution by director of mutual benefit company

8813 Filing of false
financial reports by director or officer of mutual benefit corporation

8814 Fraudulent
acquisition of corporate property by director or officer of mutual benefit
corporation

8815 Deception of
public officer examining the organization of mutual benefit corporation

12672 Fraudulent
distribution by director of consumer cooperative corporation

12673 Filing of false
financial reports by director or officer of consumer cooperative corporation

12674 Fraudulent
acquisition of corporate property by director or officer of consumer
cooperative corporation

12675 Deception of
public officer examining the organization of consumer cooperative corporation

22002 Corporation
agent falsifying records

25110 Unlawful sale
of securities

25120 Unlawful sale
of securities

25130 Unlawful sale
of securities

25164 Representing
that qualification of document indicated verity

25166 Making false
statements to commissioner

25210 Transacting
securities w/o certificate

25214(a) Employing
suspended securities agent

25216 Sale of
security by fraudulent scheme by broker/dealer

25218 Violation of
equity rules by broker/dealer

25230 Practicing by
uncertified investment advisor

25232.2 Employing
suspended/disqualified investment advisor

25234(a) Entering
illegal investment advisory contract

25235 Defrauding
client by investment advisor

25243 Misrepresenting
certification as approval by commissioner

25245 Misrepresenting
facts on report/application to commissioner

25246 Requiring
spouse’s consent to transaction

25300(a) Advertising
sale of security w/o filing

25400 Churning

25401 Sale or offer
to sell security by misrepresentation

25402 Insider trading

25403 Sale or other
to sell local authority obligation w/o consent

25404 Altering.
Concealing, or falsifying entry in record wit impede, obstruct, or influence
enforcement of corporate securities law

Right to Expunge California Conviction

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Posted on : 05-11-2011 | By : Darren Chaker | In : California Expungement

Darren Chaker believes in California expungement as a tool to allow people great options to resolve their past.

It is reported 1 in 5 adults have a criminal record as reported by the Bureau of Justice Statistics. For those who want to expunge a California conviction, Penal Code Section 1203.4 permits defendants to do just that. In short, a defendant who has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation is entitled “as a matter of right” to expungement. (Pen. Code § 1203.4). “If the petitioner establishes either of the necessary factual predicates, the trial court is required to grant the requested relief.” (People v. Lewis, 146 Cal. App. 4th 294, 297, 53 Cal. Rptr. 3d 40 (4th Dist. 2006)). Even if court fees or costs of probation remain unpaid, the court is still obligated to grant defendant’s petition for relief. (People v. Bradus, 149 Cal. App. 4th 636, 57 Cal. Rptr. 3d 79 (4th Dist. 2007)). Expungement is a right for misdemeanor convictions, absent few exceptions. If the defendant is convicted of a felony another procedure to reduce the felony to a misdemeanor may be available depending on the crime.

Eligibility to Expunge Record

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Posted on : 02-11-2011 | By : Darren Chaker | In : California Expungement

By Darren Chaker

Prior to spending money to expunge a record, it’s important to understand you cannot expunge a conviction if you were sent to state prison. California expungement bars relief to defendants who have been convicted of the several serious crimes, on parole, probation or currently charged with a crime. It is important to review the plea agreement or verdict form to determine what you were convicted of. Depending on your plea, you may not have pleaded to the exact section excluded by expungement, or complaint was amended as a result of a plea bargain.

Nonetheless, several crimes cannot be expunged, such as Penal Code 286(c), California’s law against sodomy with a child, Penal Code 288 California’s lewd acts with a child law, Penal Code 288a (c)  California’s law against oral copulation with a child, and Penal Code 261.5(d), California’s statutory rape law which prohibits sexual intercourse between persons who are 21 years and older with persons younger than 16.

Next, California Penal Code 1203.4 — California expungement law, endnote 1, above states, (“(b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of [the California Penal Code] subdivision (c) of Section 286 [California’s law against sodomy with a child], Section 288 [California’s child molestation law], subdivision (c) of Section 288a [California’s law against oral copulation with a child], Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5 [California’s statutory rape law], or to any infraction.”)

Thus, if none of these past crimes haunt you, and you are not under investigation (that you know of!), currently charged with a crime, or serving a sentence, then you are eligible to have your California conviction expunged.

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