Leading Expungement Firm Wins Unanimous Court Decision that Clarifies California’s Expungement Statute

COSTA MESA, CA – July 8, 2009 – Higbee and Associates announced today they successfully appealed People v. McLernon, resulting in a published opinion that helps define one of California’s most frequently used sections of its Penal Code.  California’s Second District Appeals Court agreed with attorneys Mathew Higbee and Melissa Clark in a published, unanimous opinion that will provide useful guidance to district courts who often struggle with the interest of justice standard of California’s expungement statute, Penal Code section 1203.4.

Under Penal Code section 1203.4, a defendant who has been convicted of a crime and granted probation is entitled to have his record expunged after the period of probation has terminated “if he comes within any one of three fact situations:  (a) he has fulfilled the conditions of his probation for the entire period; (b) he has been discharged before the termination of the period of probation; or (c) in any case in which a court, in its discretion and the interests of justice, determines he should be granted relief.”

The Attorney General argued that the district court’s analysis of an applicants’ conduct should not extend beyond the date they completed probation.  The Attorney General also argued that the principle of res judicata, which precludes a person from asking a court to reconsider an issue that was already decided, should apply to applications for expungement under Penal Code section 1203.4.

Higbee and Associates attorneys Melissa A. Clark and Mathew Higbee argued that the plain language of the statute, underlying policy principles, and legislative history shows that a court’s interest of justice analysis can and should extend beyond the probationary period.  They also argued that res judicata should not apply in criminal cases where the standard was interest of justice.

In fact, both the plain language of the statute and the legislative history of the 1971 amendment to the statute (Stats. 1971, ch. 333, § 1) show that the purpose of the amendment to add discretionary relief was to give trial courts the power to set aside a conviction after the termination of probation whenever the circumstances warranted it.

The Appeals Court agreed with Clark and Higbee and put forth their reasons in case law that will help district courts, attorneys and petitioners who have long struggled with the undefined portion of Penal Code section 1203.4.  The full decision can be downloaded at http://www.courtinfo.ca.gov/opinions/documents/B209952.DOC.

For more information about criminal record expungement, visit www.recordgone.com.

On March 29th, 2010 Governor Gary Herbert signed into law House Bill 21 which includes the Utah Expungement Act, a complete overhaul of existing expungement law in Utah.   This new law will make it much easier for deserving people to remove their criminal records.   Mathew Higbee, the founding attorney of RecordGone.com was featured on the KSL Radio and News to discuss the new expungement law. He answered expungement questions about the new law from listeners and the radio hosts. Our online eligibility test can help you determine if you qualify under the new law.

Under the new law many more people will be able to finally move on and have their past expunged.   This law specifically improved upon some parts of  the existing expungement law.  One of them being able to start the process before all the fines are paid off, although you will need to completely pay off your fines before an expungement will be granted.   Also the courts now have the ability to treat multiple offenses as one for expungement purposes.

Make sure to take our free expungement eligibility test to see if you qualify to remove your criminal record under the new law.

If you cannot afford or do not qualify for expungement, you may be looking to have your record pardoned.   While their is no sure way of having your pardon request granted, you can maximize your chances of success by speaking with an attorney.  Our law firm, Higbee & Associates, has been working on a new website that will allow you to easily apply for a pardon in your state.

Pardons are a longshot in most states, people should not be paying hundreds of dollars to have an automated system help them obtain their records and print a form

The site, ApplyForPardon.com, will be offering free pardons in California, Florida, Georgia, New York and Texas in October.  For now you can add your email address and we will notify you when we launch.

We are pleased to announce that we will be providing criminal defense in California.  Higbee & Associates is currently representing active criminal cases in CA for the counties of Orange, San Diego, Los Angeles, Riverside, and San Bernardino.   We will represent any criminal matters, so please call us at 877-573-7273 to schedule an appointment if you are facing any current charges.

We have partnered up with BackgroundChecks.com to provide people who have had their criminal records expunged, sealed, or set aside to easily expedite the removal of these records from public databases. Not only does our service remove your criminal records from over 400 public and private databases, we also provide a $250 credit towards any law suit that you wish to take against an employer who wrongfully discriminates against you or a background check company that unlawfully distributes your outdated criminal records.

To purchase this service please go to this page: Removal of Criminal Records from Public Databases

In July of 2010, Governor Schwarzenegger signed a new law that allows for the expugements of infractions (some exceptions apply). This law will take effect on January 1, 2011 and will also apply to infractions that occurred before this date. This new infraction expungement law will be extremely beneficial to those convicted of infractions, such as disturbing the peace under Penal Code 415 and petty theft under $50 under Penal Code 490.1. There are a few exceptions with regard to vehicular infractions, however, as long as you obeyed the laws for the one year following the date of conviction, you are eligible to have your infraction expunged.

To have your infraction expunged, please contact The Law Firm of Higbee & Associates (RecordGone.com) at 877-573-7273. Higbee & Associates can expunge your infraction for $595 and offers a money back guarantee.

On February 18, 2011, we will be conducting an expungement workshop at the Orange County One Stop Center in Irvine, California. The event is co-sponsored by Orange County One Stop Center, supported by the County of Orange and the Orange County Workforce Investment Board, and Families Forward, a non-profit 501(c)(3) corporation providing supportive housing programs for families in crisis. This workshop was in high demand and quickly reached maximum capacity. We are looking forward to giving back to the community and providing the resources for those who cannot afford traditional legal assistance.

RecordGone.com Founder, attorney Mathew K. Higbee, was honored to be a guest speaker at the California Gang Intervention Conference sponsored by the University of Southern California (USC) and the Orange County Department of Education. The April 29, 2011 event was attended by more than 500 representatives from law enforcement, courts, non-profits, education, and various government agencies.

Higbee provided statistical information about criminal records, presented policy options to reduce the societal costs of criminal records, and information about existing remedies. “I am grateful for the opportunity to teach so many effective community leaders about this important area of law— these leaders are making a difference with young people who are clearly at-risk and may otherwise be marginalized for life.” said Higbee.

Beginning in January of 2011 banks and other FDIC backed entities have implemented a policy requiring all employees to pass an in-depth background check pursuant to the Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act). Not only are these companies having potential future employees consent to this extensive search, but also current employees. Many current bank employees who obtained their current jobs through company purchases, mergers, acquisitions, and other similar manners are at risk of termination if they don’t successfully pass this background search.

The Federal Deposit Insurance Corporation (FDIC) has a set of rules and regulations that govern and regulate the banking industry at a federal level known collectively as the Federal Deposit Insurance Act (FDIA). Section 19 of the FDIA holds banks accountable and liable to large fines and penalties for employing any individual with a breach of trust conviction, a money laundering conviction, or any other offense dealing with dishonesty. Most individuals who have had any of these convictions, and even those who have had them successfully expunged at the state level, wrongfully believe that because they are already employed by the bank they will not be barred by the Act. Unfortunately, they are mistaken and with this new background search they will not only be barred by Section 19, but also may be terminated.

Luckily, there is a petition process to get around Section 19 of the FDIA and keep your bank job. The FDIC headquarters eventually evaluates the petition, and it is there they decide whether or not to allow you to bypass the FDIA and continue to work in the banking industry. They evaluate many factors when making their decision, but we have seen them give great deference to those who have had their convictions expunged by the criminal courts at the State level.

If you currently are working in the banking industry, or plan on working in the banking industry in the future, and have prior convictions that may keep you from a job because of Section 19 of the FDIA, it is strongly encouraged to have your conviction expunged at the state level before you petition to the FDIC to bypass Section 19. While expungement is not a requirement before you petitioning, it does greatly increases your chances of having the FDIC grant your petition. Both the expungement process at the state level, and the FDIC petition process, do not happen over night and can take several months to process. The sooner you begin, the sooner you can go back to work!

RecordGone.com, a division of Higbee and Associates, is a national law firm that prides itself on delivering the highest level of customer service and reasonable billing policies. We are entering our 7th year as a law firm and we are celebrating our anniversary by offering a price discount for all California Expungement cases.

Misdemeanor Expungement and Infraction Expungement cases are now priced at $495, down from $595. In addition, Felony Expungements are now priced at $695, down from $795.

These are unbeatably low prices, guaranteed. Don’t let an offer like this slip away. To take advantage of this offer, please visit RecordGone.com and take the free online eligibility test or call our offices at 877-573-7273.