of juvenile records, especially in the case of felonies. For those select few states, the process is usually not automatic. Probation or the prosecution has to make the request. Where juvenile records are subject to confidentiality while the person is a minor, the states have recognised the unique nature of these documents. The files go well beyond normal criminal proceedings to include things like mental health records, school records, grades, medical records, parental history, history of abuse and dozens of other intimate details. There is a movement to make this process automatic and remove barriers such as filing fees, but it is still off in the horizon. What California-specific laws affect how these proceedings are carried out and what offences may be expunged? California has been leading the charge in the area of automatic record sealing. Beginning on 1 August 2022, the court probation but later completed all terms of supervision. Previously, a probation violation would prohibit relief. Convictions for certain serious or violent felonies and registerable sex offences are not eligible for relief. What are the limits of what an expungement order can achieve? The expunged offence can still be used as a ‘prior’ to enhance sentences or charges in most instances, barring specific exceptions in state law prohibiting it. The person is usually also required to disclose an expunged conviction if they are seeking a licensure in certain fields like teaching or to obtain security clearance. In most cases, the expungement orders do not automatically restore firearms rights. Per 18 U.S.C. § 922(g)(1), convictions in any court punishable by imprisonment exceeding one year, whether the conviction is under state or federal law, are subject to the prohibition on possession of firearms under federal law. Certain state laws may also prohibit possession of a firearm. Domestic violence convictions also terminate firearms rights under federal law § 922(g) (9). People with state convictions may avoid the federal bars in §§ 922(g)(1) and (g)(9) if their convictions have been pardoned, set aside or expunged, or if their civil rights have been restored, unless the relief they obtained “expressly provides” that they “may not” possess firearms. See 18 U.S.C. §§ 921(a)(20), (a)(33)(ii). Automatic restoration of civil rights can restore firearms possession rights, but ambiguity remains. Circuits remain split on how to interpret the ambiguous language of § 921(a) (20). What does “free of state firearms disabilities” mean in order for a person to take advantage of the relief offered by §§ 921(a)(20) and (a)(33)? Also, the term ‘expungement’ in these federal laws is record of convictions set aside at any time under certain diversion and deferred entry of judgment code sections where the person has completed probation terms will be automatically sealed, per the ‘Clean Slate Act’ described below. Under this Act, the state records repository is presently prohibited from including in responses to requests from the public information about convictions that have been set aside in certain situations. Beginning 1 January 2023, California will expand automatic record relief to all felony non-convictions six years after the date of arrest. California law currently excludes felony arrests from eligibility for automatic relief if the charge is serious enough to potentially result in incarceration at a state prison. Other felony non-convictions remain eligible for automatic relief after three years unless the charge was punishable by eight years’ incarceration or more in a county jail. The law also expands eligibility for automatic relief to persons convicted of a felony and sentenced to probation on or after 1 January 2005 if they violated MY LEGAL LIFE 23
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