The Butte Defense Equity Prioject (BDEP) is a social justice organization focused on indigent defense, recognizing the challenges that arise when under-resourced individuals become involved in the criminal justice system. The Defense Equity project is the branch of CLIC that partners student paralegal interns with BDEP to have them work as paralegals for BDEPs attorneys.
We understand that the right to counsel encompasses more than just legal representation; it involves embracing the entire humanity of a person, leveraging their non-monetary resources, and supporting them through the stress of navigating the criminal justice system. BDEP acknowledges the disparity in outcomes based on socioeconomic and racial lines and strives to confront this inequality through a model of representation that includes cutting edge social work and rigorous criminal defense.
In addition to direct representation, we are committed to collecting data to better understand local law enforcement practices, and using it to drive policy awareness and reform.
1. How can I get information on my criminal record?
You can find information on your criminal record:
· Use the papers you received in court when you were convicted or arrested (if not convicted).
· Superior courts keep records of all of their cases. You can go to the clerk's office to request a copy of your case. Some courts now offer electronic access so that you can review records online.
· Get your RAP (Record of Arrest and Prosecution) sheet. It will show your most complete criminal history on file. The RAP sheet has details that will help you determine which type of record cleaning to request. For instructions on how to do that, see next question.
2. How can I request my RAP Sheet?
You can request your RAP sheet through the California Department of Justice website. There is a $25 processing fee (a fee waiver is possible), and you will need to be fingerprinted. Obtain the form from the website, then take it to any Live Scan site. Most sheriff’s offices offer this service. It usually takes several weeks for your record to arrive.
3. What is an expungement?
An expungement is a process that improves your criminal record by dismissing a charge or conviction you previously experienced. Even after expungement, the arrest or conviction will still be visible for law enforcement agencies, certain jobs, and government agencies.
4. What is record sealing?
Record sealing is a process in which the court removes your records from public view, though government agencies can still see your record.
5. What is a commutation?
A commutation is the governor of California reducing the sentence of someone serving a sentence for a state crime. However, this won’t seal or erase the record.
6. What is a certificate of rehabilitation?
A certificate of rehabilitation is a court order that says a person who was convicted of a felony and served time in a state prison or county jail, has been rehabilitated. This does not erase your criminal record; however, it may help when applying for a job or professional license from the state. Generally, rehabilitation means that many years after your conviction, you have lived an “honest and upright life,” followed the law, and showed good moral character.
7. Can I get off the sex offender registry?
Since 2021, some sex offender registrants will be eligible to apply to get off the registry, please visit the sex offender registration page at California Courts (.gov).
Record cleaning does not end sex offender registration, the exception to this would be a pardon from the governor.
