Rap Sheets

rap sheetOne of the most common concerns for people who have previous criminal records or who are currently facing criminal charges is what information shows up on a criminal rap sheet and what is visible to employers or others conducting a criminal background check. People also want to know what, if anything, can be done to clean up their criminal rap sheet.

What law enforcement refers to as a “rap sheet” is a complete list of all of a person’s arrests and convictions for felony and misdemeanor offenses. These rap sheets are typically put together by governmental agencies such as the California Department of Justice and the FBI and are not widely made available. In California, this information is considered confidential and cannot be publicly released. Typically, law enforcement sources use this information to determine a suspect’s criminal history and to see if they have an active warrant.

The only parties that can view a person’s complete rap sheet are law enforcement officers, judges, prosecutors and defense attorneys working in connection with a criminal case, peace officer agencies reviewing a job application, state and local government agencies reviewing job applicants and state licensing agencies.

In addition, a person is allowed to access their own rap sheet in order to review it for accuracy. These records are correlated with a person’s fingerprints, which are taken whenever a person is booked and arrested or if they provide their prints to a state agency through a Live Scan search.

These rap sheets are not available to private employers conducting criminal background searches. Private employers typically rely on outside companies who review public court records and prepare a report detailing a person’s convictions or any active charges that may exist. The information that is available to a potential private employer or landlord is not as extensive as what is available to law enforcement.

There may be several ways to get rid of convictions that are reflected on a person’s rap sheet. The most common way to clean up a criminal record is to have a prior conviction expunged pursuant to California Penal Code Section 1203.4 PC. An expungement will not completely delete the record of conviction, however it will show that the conviction has subsequently been dismissed. For “wobbler” offenses, the conviction must first be reduced to a misdemeanor before it can be dismissed. For DUI cases, an expungement will not prevent a prior DUI conviction from being used to enhance any subsequent DUI offense that a defendant may commit.

Even if a defendant is still on probation for an offense, he or she may still be able to have the offense expunged. The defendant would first have to request that the sentencing judge terminate probation and then expunge the conviction. Judges may consider a motion to terminate probation and expunge where there is a truly compelling reason for releasing the defendant from his or her obligations. In order to be considered for early termination of probation, the defendant must have completed all terms of probation and cannot have committed any new offenses.

A defendant who is trying to clean up his or her record can also attempt to obtain a certificate of rehabilitation. This is not available for all criminal offenses and is significantly more difficult to obtain than an expungement. If a certificate of rehabilitation is granted the next step would be to apply for a governor’s pardon. This is also very difficult to obtain.

In some cases, it may be necessary for someone who was arrested and never charged with an offense or who was ultimately acquitted to file a motion to seal the arrest record. A person can file a motion under California Penal Code Section 851.8 PC to seal the arrest record so that it would be completely removed from his or her record. This motion is also referred to as a “factual innocence” motion and also presents a very high burden for the defendant to meet.

If you have a prior criminal conviction, are currently facing charges or are curious about criminal rap sheets, it is very important that you consult with a Los Angeles Criminal Defense Lawyer as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut is highly knowledgeable about the criminal expungement process and has helped clients successfully clean up their criminal record.

For more information about Los Angeles rap sheets, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.