SB 731 Provides Post-Conviction Relief: New Law for 2023 Explained by San Diego Criminal Attorney

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  • Опубліковано 28 жов 2024

КОМЕНТАРІ • 40

  • @AngelicaGarcia-ce1lh
    @AngelicaGarcia-ce1lh Рік тому +1

    Wow! I would have been awake most of my night researching this new law, seeming that I was already 2 hours deep, when I ran into this very informative, straight to the point, short video with all the answersi had been searching for! Thank you so much. You have no idea how much grief you saved me!

  • @damianpena6275
    @damianpena6275 10 місяців тому +1

    I would like more info on this

  • @terrenceallen323
    @terrenceallen323 Рік тому

    Do you need to expunge your record to have it sealed?

  • @Miklo_1
    @Miklo_1 Рік тому +2

    I have 2 robberies. Third strike was ex felon with a gun in 1995. Got out under prop 36. I’ve been out 8 years. Would you know if i can qualify?

    • @Miklo_1
      @Miklo_1 Рік тому +1

      No need to respond. Just saw your comment on someone else’s question

  • @antonioquijas8033
    @antonioquijas8033 8 місяців тому

    So no need to file. If you fit into consideration your records are expunged automatically?

  • @GloriaGuerra-u8w
    @GloriaGuerra-u8w Рік тому +4

    SB731 the conviction occurred on or after January 1, 2005? Why not before 2005, the law SB731 needs to change.

    • @paulswafford732
      @paulswafford732 Рік тому

      I concur. What about people like me that have had drug convictions and served prison sentences in the 1990's? I have changed my life and have been a law-abiding citizen for over 20+ years now!

    • @LetsTalkAboutPrepping
      @LetsTalkAboutPrepping Рік тому

      I'm guessing because u can already get those sealed. Have you even looked?

  • @stevenmeansphotography3861
    @stevenmeansphotography3861 Рік тому

    Question the Los Angeles superior mad a bad error on a case from 1994 charging the person with the wrong charge the DA and the judge agreed to vacate under 1473.7 and sold the person in court your Second amendment rights are back . So when the person gets a Doj print out will the old conviction show vacated 1473.3 or would the old charge just not show

  • @1978Trevino
    @1978Trevino Рік тому

    What if I have a firearm prohibited permanently status on my record???

  • @joedimes8239
    @joedimes8239 Рік тому

    The clerk at my court said they are not able to seal my records cause they don't have the money to pay staff to do it. Will the state give the courts the $ for this?

  • @USBORNCITIZENWETHEPEOPLE
    @USBORNCITIZENWETHEPEOPLE Рік тому

    Does this new law also automatically seals Juvenile Hall Court convictions.?

    • @rmp661CA
      @rmp661CA Рік тому

      I don’t think those come up after ur 18

  • @Reide5177
    @Reide5177 Рік тому

    Some people that I knew were in the car with me when I was going to an acquaintance's people got out of my vehicle and committed said crimes I ended up leading to a 211i had never been in jail before and did not do and I plead to a 211 would that be something eligible for this relief I've had no convictions or run-ins with the law

    • @Wutzmename
      @Wutzmename Рік тому

      Not eligible. 211 is considered a violent crime in California and is also a strikable offense.

  • @michaelchavez1043
    @michaelchavez1043 Рік тому

    Can I qualify if I was convicted of a 1 degree burglary in California 2009 I served a year in county jail and completed felony probation.

    • @Wutzmename
      @Wutzmename Рік тому

      Was someone home during the burglary? If so, it's considered a severe and violent crime regardless of whether you placed hands on the resident. Also, 1st degree is a strike. My understanding is that a 211 is considered a violent crime and you would not be eligible for any relief from AB 731.

    • @michaelchavez1043
      @michaelchavez1043 Рік тому

      @@Wutzmename I plead no contest to 1 degree burglary. No one was home at the time of the burglary.

    • @Wutzmename
      @Wutzmename Рік тому +1

      @@michaelchavez1043 No contest is still a guilty plea. 1st degree is still considered a violent crime. You can't even get it dropped to a misdemeanor later because it's not considered a wobbler.

    • @michaelchavez1043
      @michaelchavez1043 Рік тому

      @@Wutzmename ya that's what I figured. Just wanted to ask see if things might of changed wit the new laws. Thank you

    • @Wutzmename
      @Wutzmename Рік тому +2

      @@michaelchavez1043 Hey. No problem. I pray that eventually you and people in the same boat as you get some grace. You still have the option in like 10 years, could be sooner, to fill for a certificate of rehabilitation to get certain rights back. I have a felony and served state prison time. I was drinking 2 gallons of vodka a day and came to in the back of a police car heading to central booking looking at 6 to 8 and back in prison for a burglary 1st degree and eventually got it dropped to a trespassing charge. I decided to get myself into a drug and alcohol christian recovery program and for over two years now I have been clean and sober with no run-ins with the police.

  • @janelann380
    @janelann380 Рік тому

    I read about DV being eligible.

    • @Wutzmename
      @Wutzmename Рік тому

      Is it a felony? Did it include corporal injury? If yes, then it's a violent crime. Most domestic violence cases are classified as misdemeanors. These would still show up. AB 731 is only for nonviolent felons and felons whose crimes didn't include children or sex crimes. Even if you fall into the nonviolent felony classification, if you apply for a job working with children, law enforcement or court system, your criminal record is not sealed.

    • @cesarmarquez04
      @cesarmarquez04 7 місяців тому

      ​@Wutzmename serious not violent.

  • @stevenmeansphotography3861
    @stevenmeansphotography3861 Рік тому +2

    Are your firearm rights back with the new law

    • @astralfluxaf
      @astralfluxaf Рік тому +1

      That’s a great question! It’s never made any sense to me that they take away this right when people commit NON VIOLENT crimes that have nothing to do with guns.
      It’s likely that the answer is no… though.

    • @stevenmeansphotography3861
      @stevenmeansphotography3861 Рік тому

      @@astralfluxaf your right and thank you for the response

  • @Renvega77
    @Renvega77 Рік тому

    How do you qualify for it?

    • @Wutzmename
      @Wutzmename Рік тому +1

      It's automatic. If it applies to you then you'll receive it.

  • @nedorhyacinthe3853
    @nedorhyacinthe3853 Рік тому +1

    Can you help?

  • @jhnykx
    @jhnykx Рік тому

    Doesn't California only go back 7 years on background checks? If your offense is older than that its not reportable. California doesn't have any salary restrictions either. This new law is pointless because if you have one old assualt on your record you don't qualify. Sex offenders and child molesters should never qualify but all other felonies should at least be brought before a judge and given a chance to be cleared.

  • @phaqsnotphiqtion5498
    @phaqsnotphiqtion5498 Рік тому

    This is great for some but this law actually suck for the majority. Reason being most offenders are repeat offenders due to being on Probation or parole.

  • @stevenmeansphotography3861
    @stevenmeansphotography3861 Рік тому +4

    It’s not helping people from 1980 to 2005 makes no sense

  • @MrKevinEaddy
    @MrKevinEaddy Рік тому

    So can I get my gun rights back, so I can hunt with my friends?