How to Clear your Criminal Record in California
Having a criminal record adversely impacts your life. Depending on the severity of the convictions, your criminal record can make it difficult for you to find housing, establish relationships, and secure some jobs. The fact that you’re living in the technological age where anyone with internet access has the ability to locate your criminal history makes your criminal record even more impactful than it would have been twenty or thirty years ago.
The good news is that with some charges in California, it’s possible to clean up your criminal history and have the charges removed from your history, therefore lessening the negative impact your poor choices have on your future.
The first thing you need to understand is that while it’s possible to have some convictions removed from your criminal history, not all types of convictions are removable. The more serious the offenses, the less likely you’ll be able to get them removed.
The second thing you should understand is that while you may be able to remove some of the convictions from your record, there will remain a history of the court case and investigation so it’s possible that someone who is interested enough to really dig deep into your history will find a trace of your criminal activity.
Expungement is the term used to describe the act of cleaning up your criminal history in California. While many minor offenses are eligible for expungement, if your sentence included you spending time in one of the state prisons, it’s unlikely you’ll be able to clear your record.
You also must have successfully completed every single aspect of your sentencing before expungement even becomes a possibility. That could include serving time in a county jail, performing community service, finishing probation, and making restitution.
Once you’ve completed your entire sentence, you can petition the court about getting the charges expunged from your criminal history. It’s important to note that not everyone who files for expungement will have their request granted. However, if the offenses were minor, there’s nothing to show you’re going to be a habitual offender, and you’ve completed your sentence in a timely manner, it’s likely your request will be granted.
The best thing about having your record expunged is that once the process is complete, future employers and landlords won’t find any criminal history when they perform a background check, making them far more likely to accept you for a position on their team or as a tenant.
Tips for Earning a Little Extra Money This Holiday Season
Times are tough right now. We could all use a little extra income, especially with the holidays right around the corner. The good news is that now is a great time to explore the possibility of a side hustle that will put some extra money in your pocket.
Consider Drive Share Programs
If you like to drive and have reliable transportation, you may consider joining a drive-share program. With so many people worried about the possibility of getting drunk at holiday parties, they are turning to drive-share programs for a designated drivers. Demand for drive shares is high during the holidays.
While it’s possible to make some really good money while doing a drive-share program, you do need to consider how much wear and tear it will put on your car as well as the possibility that your car insurance rates will go up. You need to calculate these expenses against your possible earnings.
A Second Job
The holidays are a great time to look for a second job. Many businesses are hiring seasonal labor to get them through the holiday season. If you think a seasonal job is a great way to earn some additional money this holiday season, look for one that:
- Can be scheduled around your current employment
- Offers a decent hourly salary
- Provides a steady schedule during the time you’re working there
- Is a relatively short commute
Spare Jobs
Check out a local job board or community social media page. You’ll likely find a few people actively looking for someone to clean their house, do some yard work, watch their kids, or do some sort of other odd jobs. These spontaneous odd jobs can be a great source of extra income during the holidays. If you’re going to pick up a few odd jobs make sure that you and the person who is hiring your services are very clear about the type of work you’ll be doing, how long they’ll need your assistance, and how much you’ll be paid. It’s in your best interest to get as much on a contract as possible.
The Most Common Crimes That Occur During the Holidays
Most of us associate the holidays with happiness, family, and love. While many of us focus on the good things during the holiday season, police departments throughout the United States will quickly tell you that crime doesn’t stop during the holidays.
What members of law enforcement have noticed is that certain types of crimes seem to take place during the Christmas season.
DUI
Police expect that most of the arrests they make during the holidays will be related to DUIs. More people make the bad decision to drive after they have been drinking during the holidays than most other times of the year. There are several reasons this happens including:
- People drink more than they realize during holiday parties
- Some people realize how lonely they are during the holidays and drink to make themselves feel a little better
- Teens have more time on their hands after school lets out for the holidays, giving them more time to party and drink
Before you go out to a holiday party or to a bar to meet up with friends, take time to figure out how you’ll get home. If there is even a chance that you’ll have a few drinks, it’s in your best interest to arrange things so that you’re not even tempted to drive.
Shoplifting
Shoplifting crimes happen all year long, but they seem to be especially common during the holidays. Part of this could be attributed to the fact that there are more shoppers in the store. It could be that because employees are so busy during the holiday season, people who wouldn’t normally shoplift spot an opportunity and decide to take advantage of it. Or it could be that some people would like to purchase a nice gift for their loved ones but don’t have the money and are unable to resist the impulse to take the items that have caught their eye.
Fraud and Scams
The sad reality is that the holidays bring about more fraud and scam crimes than other times of the year. One of the reasons fraud and scam crimes are so prevalent during the holiday season could stem from the fact that people are busy, so they don’t pay as much attention to what is being said as they normally would. Loneliness, which is often felt more during the holidays, could be another reason so many people fall victim to fraud and other types of scams during the holidays.
While you want to enjoy the current holiday season, you also have to be vigilant and take steps to protect yourself against crime this holiday season.
What is the difference Between Driving Under the Influence of Drugs and Driving Under the Influence of Alcohol?
In California, driving under the influence means driving while under the influence of either alcohol or drugs. Many people often wonder if there is a difference between driving while under the influence of drugs or alcohol.
In terms of the charges connected strictly to your driving, there’s not much of a difference if you’re under the influence of alcohol or drugs. You will face some serious fines, probably be ordered to get some counseling, lose your driving privileges, and possibly spend some time in jail.
What is different is that if you’re caught driving under the influence of drugs, you’ll not only face the same charges connected to driving under the influence, but you’ll also face any charges that are connected to the use of the drugs you have in your system. A perfect example of this is a person who is caught driving while under the influence of prescription drugs that they don’t have a legal prescription for. They will also face charges for not having a prescription, illicit drug use, and possibly additional charges.
The other issue to consider is that some prescription medications interact badly with alcohol. If you mix the two, you could be charged with a DUI if they react strongly with one another.
Is a Public Defender the Right Choice for You?
One of the great things about the way our justice system is set up is that everyone is entitled to legal representation. That means that no matter what your financial situation is, you don’t have to worry about navigating the criminal charges that have been filed against you by yourself. If you can afford a private criminal lawyer, fantastic. If you can’t afford the legal bills, the court will appoint a public defender to handle your case.
There are several reasons why you should take advantage of the public defender.
Public Defenders are Fully Trained Lawyers
Some people believe that they should avoid public defenders because they assume that since public defenders are court-appointed they must not be real lawyers. That’s not the case at all. The truth is that public defenders are highly trained attorneys who not only attended law school but who also successfully passed the state’s bar exam.
Unlike private criminal defense attorneys, public defenders don’t have the ability to cherry-pick their cases. They are required to take any case the court assigns to them. This means that public defenders get a great deal of experience handling an assortment of cases and charges. In many respects, this makes them more versatile and able to handle the unique details of your case.
Public Defenders Have a Solid Working Relationship With the Judges
Public defenders work with the local judges and prosecutors every single working day. They understand the personal preferences of the other side in a manner that private lawyers don’t. They know when it’s best to approach a judge, how to word things in a way that makes both the prosecutor and the judge more likely to accept a plea bargain, and are often more comfortable speaking to the judge and prosecutor than a private attorney is. They can use this knowledge to help you get the best possible deal.
Public Defenders Often Excel in Niche Areas of the Law
Public defenders, especially the ones who work in larger cities where there is a larger pool of public defenders, often settle into one or two niches of criminal defense, such as auto theft or domestic violence. This sometimes gives them an edge since they are always up to date on changes in the law, the little things that can really impact a case, and similar court cases that they can use to help lessen the charges you’re facing.
Public Defenders are Masters at Recognizing a Great Plea Deal
The simple truth is that if your case is going before a jury, you will probably be better off with a private criminal defense attorney, but if your main concern is getting the best possible plea deal, a public defender is a great option. Public defenders have seen enough cases just like yours that they have developed a knack for identifying a great plea deal and knowing when you should hold out for a different option.
They’re Affordable
A private defense attorney is expensive. If your finances are such that you are eligible for a public defender, it is far better to accept that as opposed to trying to handle the case all on your own.
Have you ever been represented by a public defender? Was your experience positive or do you wish you’d gone with a different option?
The Smartest Way to Handle a Big Lotto Win
With the Powerball jackpot soaring to over a billion dollars, people are stocking up on tickets. Even people who have never played the lotto before are purchasing a ticket and daydreaming about what they will do if they strike it big.
Since there is always a chance that you could win, dedicating a few minutes to learning what you should do if you happen to have the winning numbers is a good idea.
Sit on the News
The best thing you can do if you find out that you’re holding the winning numbers is to put your lotto tickets in a really safe place, like a safe deposit box, and sit on the news for a while. Don’t tell your family, don’t go directly to the state lotto office, and don’t make any huge purchases. Give yourself some time to come to terms with what has just happened and to think about how this will change your life.
It’s also a good idea to spend some time thinking about what major life changes you want to make and what you want to remain the same.
Seek Financial and Legal Assistance
Before you contact the lottery office, it’s a good idea to connect with both a legal advisor and a good lawyer who has a solid financial background. Both of these professionals will help you explore all of your options so that you can best decide how to handle your lotto winnings.
While you’re working with your financial advisor, it’s a good idea to have them consolidate your debts so that the first thing you do with your lotto winnings is paid things off. Knowing that all of your outstanding debts are handled allows you to sit back and enjoy your winnings.
Have a Plan in Place to Deal With Loved Ones
It’s possible that learning about your stroke of good luck will bring out a side of your loved ones that you’ve never seen before. Some will be genuinely happy for you. Some will be jealous. Some will believe that you are now the perfect person to hit up for money.
Before letting your loved ones know of your windfall, sit down and decide how you want to handle financial gifts and loans. Not only should you determine who will benefit from your lotto win, but you should also have an explanation ready for when you find yourself in a position of having to tell someone no, you won’t help them out.
Look To the Future
One of the mistakes that some lottery winners make is assuming that the money will be around forever. They go on a spending spree and drastically change their lives only to find out that the money spends faster than they thought, especially when tax season rolls around.
Before you start spending your lottery winnings, you should think about how much you need to add to your retirement fund, how you’ll pay your way as you get older, and potentially have to deal with health problems and other expenses that could crop up. The more of your winnings that you can set aside for your future, the better.
Explore Tax Deductions
Taxes will eat into a large chunk of your winnings. And they will continue to do so. Sit down with your financial advisor and learn about the different things you can do to minimize the amount of taxes you have to pay. Some choices you can consider include charitable donations, and maxing out your 401K.
Once you’re satisfied that you have thought through everything, have set up a good financial plan, and are fully prepared for the different ways the winnings will change your life, it’s time to contact the nearest lotto office and start the process of collecting your lotto winnings.
Money Saving Tips for the Holidays
All the signs point to us being poised on the brink of a recession. Between inflation and the outrageously high price of fuel, most of us are looking at the holidays and wondering if there is any way we can save a little money yet still enjoy the holiday season.
The good news is that yes, it is possible to cut back on your spending and still have a fantastic and memorable holiday with your loved ones.
Put Your Credit Cards Away
Make this the year that you don’t use your credit cards to finance your holiday. The problem that many people run into is that since they are using a credit card, they don’t pay attention to how much money they are actually spending while holiday shopping. When the credit card statement arrives, it’s always a shock. Even more alarming is how quickly the interest adds up.
You’ll be amazed by how much more aware you are of your spending when you stick to cash or your debit card. Best of all, you won’t have to worry about any surprising bills showing up in January.
Stay Home
One of the biggest expenses many people run into during the holidays is the cost of eating out. There’s something about the holidays that inspires people to go out. While this is fun, it can quickly become expensive. Rather than going out to eat dinner, look for fun and innovative ways to dine at home. Try new recipes, prepare picnics, and cook favorite meals you don’t eat often. You won’t believe how much money you save.
When you invite loved ones over for the holidays, consider asking them to bring a dish to pass. Not only does this help you save a little money, but also ensures that there is at least one dish on the table that they’ll enjoy.
Make Your Gifts
Giving gifts is a great way to lift our moods, but it’s also a drain on your bank account. Rather than buying expensive gifts for friends and family, try getting creative and making a few things. If you’re stuck for ideas, check out your local community center, many places offer fun courses that not only end with you bringing home a fun craft project that you can turn into a gift, but also the skills needed to make more so that everyone can benefit from your handiwork.
Consider a Side Hustle
If you have the time, a side hustle such as getting a seasonal job or selling products online is a great way to put aside some extra money for the holidays. If you really want to get the maximum value from your side hustle, try using just half of the bonus income for the holidays and putting the other half into savings.
Cut Back on the Traveling
If you’re the type of person who likes to make lots of little day trips during the holiday season, this is the year you should consider cutting back. Look for ways you can combine several of your holiday excursions into one day so that you don’t spend as much on fuel.
What money-saving ideas do you plan on implementing this holiday season?
What to Do When You’ve Been Involved in a Car Accident
Car accidents happen, and even when you do everything in your power to drive defensively and avoid a collision, there could be a time when despite your best efforts you find yourself involved in an accident which is why now is the best time to learn the proper way to respond.
Secure Your Car
The first thing you need to do is to make sure your car is secure. In this case, it means shutting off the engine and getting out of the car as quickly as possible. While car accidents rarely cause fires, there’s always a chance that a random spark could ignite some gasoline. Shutting off the engine is the best way to reduce the risk of a post-accident car fire.
Even if you’re too severely injured to leave the car, try to turn your vehicle off.
Perform a Wellness Check
Take a quick moment to make sure that neither you nor any of your passengers are injured. Sorting out the details of the accident is important, but not nearly as important as making sure everyone is in one piece and not in immediate need of medical attention.
Call 911
Rather than trying to reach the police directly, you should call 911. The dispatcher will send the nearest police officer to the scene as well as the EMTs if you say that someone sustained injuries. Don’t worry that more than one person has contacted 911. If there are multiple calls about reporting the same accident, the dispatcher will deal with the issue.
Try to stay calm and keep your voice understandable while you’re on the phone with the 911 dispatcher. The information they need is how many vehicles were involved in the accident if there are any apparent injuries and the accident location. The calmer you remain, the easier it will be for the dispatcher to do their job properly and to get help to you as quickly as possible.
Create a Record of the Accident
It’s not a bad idea to create a record of the accident. Yes, the police will create a report, but having your own record adds more credibility to your version of the events when you file your insurance report. More importantly, creating your own record of the incident also helps cement details surrounding the accident into your memory, which makes it easier to answer any questions the police or insurance company will have.
File a Claim
Once you are satisfied that you’re safe, you need to let the insurance company know what happened. They will advise you on the best way to proceed.
Selling a Used Car in California
At some point in our lives, most of us have been in a position of either buying a second-hand car or selling one. If you currently have a secondhand car that you’re getting ready to sell, you should know that California does have some laws that could impact the sale. It is in your best interest to take a few minutes to familiarize yourself with these laws and make sure you don’t make a mistake that could ultimately cost you.
Both the Federal government and California government have laws that apply specifically to the sale of used cars. The biggest Federal law you need to be aware of when you’re selling a used car is that you aren’t allowed to hide important facts about the vehicle. For example, if you know that the brakes will soon have to be replaced, you’re legally required to let the buyer know about this detail.
The additional information you’ll have to disclose includes:
- If there’s still a valid warranty
- The vehicle’s authentic VIN
- The make, model, and age of the vehicle
Something that’s specific to California is the Song-Beverly Consumer Warranty Act. This particular act applies to used car dealers who wish to ignore an implied warranty. What the Act does is require that the dealer lets any potential buyers know that the warranty will not be viable once they purchase the vehicle.
The other interesting law that California has that pertains to official used car dealers is the used car return law. This law gives buyers two full days to drive the vehicle and decide if it’s what they really want. If they decide the vehicle isn’t quite what they had in mind, they’re free to return it, for a full refund, within 48 hours of the purchase. The only exception to this is if the seller and buyer enter into a contract, which is usually set up to actually provide the buyer with an even longer grace period before they have to commit to the vehicle.
It’s always a good idea to review California’s laws about buying and selling a used car before you start a shopping or selling adventure.
Bringing Gifts to Prison
Just because a loved one has been sent to prison, it doesn’t mean you stop caring for them. When someone has been arrested many people feel that in addition to visits, the best way to let their loved one know that they’re still important is by sending gifts and other surprises.
While it’s easy to understand why you would want to send gifts to your incarcerated loved one, you should know that it’s not as simple as you may think. Prison security is always a concern, the people running California’s prisons are more concerned than ever before about the possibility of drugs and other contraband being introduced to the prison system. To prevent this from happening, people are not allowed to simply send packages to the prison.
Packages, which are referred to as quarterly packages, can only come from approved vendors. The prison will not accept any package that has been mailed directly from a friend or family member. While this makes it a little harder for you to send gifts to your loved one, it actually makes things a little easier on the prisoners. Before the California prison system flat-out banned packages that weren’t sent by approved vendors, anytime a prison received a package that contained something they weren’t allowed to have, they had to arrange to have it returned to the sender, on the prisoner’s dime.
Don’t assume that just because packages all have to come from approved vendors that it doesn’t mean you aren’t able to send anything. It simply means you have to go through the vendor. The bad news is that the list of approved vendors isn’t very long, and it doesn’t look like Amazon is on it.
The 2022 list of approved prison vendors include:
- Access Securepak
- 1 Stop Value Pack
- Aramark iCare
- Mike’s Better Shoes
- The Vitamin Outlet
- Union Supply Direct
- Walkenhorst’s
- JPAY
For more information about what you can and can’t send your loved one while they’re incarcerated, you’ll have to speak directly to the prison.
What to Do If You’ve Been Accused of an Internet Crime
In 2018, the Cyber Security Breaches Survey revealed the shocking news that approximately 43% of all businesses fell for some sort of internet crime. The costs associated with these crimes really added up. It’s estimated that in California alone, businesses collectively lost more than $214 million to internet crimes.
And businesses aren’t the only ones who fall victim to internet crimes. Every single day, there are multiple reports of people who lost thousands as a result of some internet crime.
We get so wrapped up in how victims handle internet crimes that we forget there is someone on the other side of the crime. Even worse, there are routinely people who are wrongfully accused of perpetuating an internet crime.
The first thing you should do when you’re accused of committing an internet crime is following police instructions. If you’re getting arrested, don’t try to resist. Resisting arrest not only makes you appear guilty, but it can also result in even more charges. When you’re told you’re being arrested for an internet crime, stay calm, cool, and collected.
Don’t say anything to anyone about the alleged internet crimes unless your criminal defense attorney is with you. In addition to making sure both your civil and legal rights are being upheld, your lawyer will stop you from inadvertently saying or doing something that could get you into even more trouble or that could be used to mount an even stronger case against you.
If you’ve been falsely accused of committing an internet crime, don’t fall for the temptation of accepting a plea deal because you’re tired of all the legal drama or have gotten scared because of what the police and the prosecuting attorney are telling you. As soon as you accept a plea deal, you will have a criminal record that will haunt you for the rest of your life. Trust your lawyer to get the charges dropped.
If you have committed an internet crime and are convicted, you should know that the details surrounding your case determine whether you’re convicted of a felony or misdemeanor. If you’re convicted of felony internet crimes, you could be fined up to $10,000 and sentenced to spend up to 20 years in prison. If you’re convicted of misdemeanor internet crimes you’ll only face a fine of about $1,000 (plus court costs.)
In many misdemeanor cases, the judge opts for probation instead of actual jail time, especially if this is the first time you’ve been in trouble with the law.