Consequences of a California Felony Conviction

In California law, a felony by definition is a crime for which a person can be sent to state prison for more than one year.

A felony conviction can trigger jail or prison time. But often the most devastating repercussions occur later on, long after the court case and custody time are completed.

Civil rights and privileges can be lost. Gaining employment and promotions becomes more challenging.

We want convicted felons to overcome their criminal past. We want them to become productive members of the community. Yet we brand the with a "Scarlet F" that makes rehabilitation increasingly difficult.

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This article will explore the consequences of a felony conviction in California. Specifically, we will discuss the effects of a felony on:

1. Felony Convictions & Employment
in California
2. Felony Convictions & Professional Licenses
in California
3. Voting
4. Serving on a jury
5. Serving in the armed forces
6. Holding public office
7. Possessing a firearm
8. Collection of DNA
9. Federal benefits
10. Travel restrictions
11. Immigration
12. Lawsuits by your victim(s)
13. Warrantless parole searches
14. Registration as a sex offender under
"Megan's law"
15. Special restrictions related to
drug convictions
16. California's three-strikes law
17. Pension benefits for California employees
and officials

Let's take a look at these issues one by one:

1. Felony Convictions & Employment in California
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Many employment applications will ask you to disclose certain criminal convictions.

If you fail to disclose a felony conviction... and the employer finds out... you might not be hired.  Or if you are hired, you could be fired later on.  If you are fired for dishonesty, you are ineligible to receive unemployment benefits.1

Legally, an employer has the right to decline to hire you on the basis of a prior conviction.2 However, an employer's reliance on a criminal record to deny employment may violate Title VII of the Civil Rights Act of 1964.3 This happens if a conviction is used as a pretext to deny employment based on:

  • race,
  • color,
  • religion,
  • sex, or
  • national origin.4

Your rights can be violated by bias, even if it is not conscious. Title VII prohibits decisions "infected by stereotyped thinking," as well as those driven by racial or ethnic animosity.5 Thus, an employer's decision to reject an applicant based on racial or ethnic stereotypes about criminality... rather than qualifications and suitability for the position... is unlawful disparate treatment that violates Title VII.6

Example:  John, who is White, and Robert, who is African American, are both recent graduates of a state university. They have similar educational backgrounds, skills, and work experience. They each pled guilty as high school students to charges of possessing and distributing marijuana.  Neither of them has had any subsequent contact with the criminal justice system.

Upon graduation from college, both apply for employment with the same company.  After short intake interviews, a background check reveals their drug convictions.  Based on his conviction, a company representative decides not to refer Robert for a follow-up interview. But the same representative refers John for an interview.  He cites John's youth at the time of his conviction, and his subsequent lack of criminal conduct.

The company has treated John and Robert differently based on race, in violation of Title VII.7

To prevent this type of discrimination, federal guidelines recommend that employers not automatically disqualify felons.8 California has adopted the federal guidelines.9

Note, however, that an employer may ask about... and legally refuse to hire you... based on a conviction, if there is a legitimate, business-related reason.10

For example, if the job involves access to patients, a health care facility could ask you about arrests for certain sex crimes in California.11 Or, if the job involves access to narcotics, the employer could decline to hire you because of prior drug convictions.12

If you feel a past felony conviction has been used as an excuse to deny you employment because you are a member of a protected class, it is recommended that you contact an attorney with experience handling employment discrimination claims.

Employment applications are often quite precise in their statements of what you are asked to disclose regarding prior convictions.  They can, however, be confusingly worded.13 Accordingly, it is important to know before you interview for a job what your disclosure obligations are in connection with a particular conviction.14

A prospective employer in California may not ask you about any of the following:

  • arrests or detentions that did not result in a conviction;15
  • arrests for which you have successfully completed drug diversion;16
  • personal use marijuana-related offenses which are more than two years old;17
  • juvenile sustained petitions and juvenile arrests that have been sealed;18
  • convictions that have been sealed, expunged or legally eradicated (other than in the limited circumstances set forth below)19 ; and
  • misdemeanor convictions for which probation was completed and the case was dismissed.20
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An employer may ask you about convictions and pending cases that do not fall into one of the above-listed categories.21

If your arrest or conviction does fall into one of the above categories, you may answer "no" to questions about whether you have been arrested or convicted for such crimes...

EXCEPT... even if your conviction has been expunged... as described below... you are still legally obligated to disclose that conviction when:

  1. you are contracting with the California State Lottery Commission;
  2. you are applying for public office, such as mayor, congressional representative, etc.; or
  3. you are applying for a California state license, such as contractor's license.22

Expungement of criminal records in California refers to the process of withdrawing a plea of guilty or no contest, and having the case dismissed, after successful completion of probation23 or, if applicable, jail and parole.24 Not all felonies, however, are expungable.

Serious sex offenses, and crimes for which you were sent to California state prison, may not be expunged.25

And expunged or vacated felonies must still be disclosed under certain circumstances.26 These include when you are applying for professional or alcoholic beverage licenses in California.27 They must also be disclosed, as noted above, when you are running for public office.

In addition, convicted felons may not serve as peace officers... such as a sheriff or police officer... or in any job with equivalent functions.28

So if a government agency is considering you for a position as a peace officer, you must disclose your criminal past.29

Use of background checks

California law restricts the use of background checks for employment.

An employer may not use a consumer credit report for employment purposes unless the position sought is:

  1. a managerial position;
  2. a position in the state Department of Justice;
  3. a sworn peace officer or other law enforcement position;
  4. a position for which the information contained in the report is required by law to be disclosed or obtained;
  5. a position involving access to certain confidential personal information or trade secrets; or
  6. a position that involves regular access to cash totaling ten thousand dollars ($10,000)30.

You have the right to be notified of an employer's reason for obtaining such a report.31 If employment is denied because of information contained in the report, you have the right to obtain a copy.32

And the report may not contain a record of:

  • any arrest more than seven (7) years old;
  • any conviction for which you were released or paroled... or which was otherwise disposed of... more than seven (7) years ago,
  • an arrest not leading to a conviction, or
  • a crime that has been fully pardoned.33

Felony convictions and federal employment

Similar restrictions apply to jobs with, or relating to, the federal government.

Again, the EEOC recommends that employers not ask about convictions on job applications.34 If they do make such an inquiry, the EEOC suggests it be limited to job-related convictions.35

A felony conviction may, however, be considered in determining suitability for particular jobs.  Depending on the specific crime, a California or federal felony conviction may result in either a permanent bar... or a disqualification for a period of time... from employment as, or with:

  • a federal defense contractor or sub-contractor36 ;
  • labor organizations;37
  • banks and other financial institutions38 ;
  • insurance companies39 ; and
  • futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators, or floor brokers.40

And if you are convicted of an offense that arises from advocating the overthrow of the federal government or the government of a state... or interfering with the morale of the United States armed forces... you will be ineligible for any federal employment for a period of five (5) years.41

2. Felony Convictions & Professional Licenses
in California
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Consequence of a felony conviction in California may include denial, suspension, or revocation of a California professional or business license... if the crime is substantially related to the qualifications, functions, or duties of the business or profession.42

Professions that may be affected by a felony conviction include (but are not limited to):

Your ability to obtain a California alcoholic beverage license may also be affected by a prior felony conviction.43

When applying for a professional license, you are required to disclose past convictions.  This is so even if they have been expunged.44 If the regulatory board or department considers the offense substantially related to your fitness to do your job... it may deny, revoke or suspend your license.

Before they can take your license away, however, they must give you a chance for an administrative hearing.  And if you disagree with their decision, you have the right to ask a California Superior Court to review and reverse the licensing authority's order.45

At the federal level, a felony conviction may also result in the loss of a license, such as:

  • customs broker's license;46
  • export license;47
  • license to export defense articles and services;48
  • merchant mariner's document, license, or certificate of registry;49
  • locomotive engineer's license;50
  • transportation worker identification credential (TWIC);51 and
  • any other license, if the conviction is for a drug offense.52
3. Voting
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The power of the states to deny the right to vote because of participation in a crime is recognized in the Fourteenth Amendment.53

In California, your right to vote is suspended while you are imprisoned or on parole for the conviction of a felony.54

Except...  If you have been convicted of a felony... but the judge has suspended imposition or execution of the sentence...

AND the judge has placed you on probation with the condition that you serve one (1) year or less in county jail... you retain the right to vote while in jail as a condition of this form of probation.55

Otherwise, you are NOT allowed to vote when you:

  • have a felony conviction and you are still in state prison or serving a sentence in jail under California Realignment,56
  • are awaiting transfer to a state prison, or
  • when you are on parole, on post-release community supervision, or on mandatory supervision.57

Once you have completed your prison sentence and parole or other community supervision, your right to vote is automatically restored.  You do not need to do anything to "restore" your right to vote.    However, you MUST register or re-register to vote in an upcoming election.58

4. Serving on a jury
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If you have been convicted of a felony, you are disqualified from serving on a California jury, unless you have had your civil rights restored.

You can restore your California civil rights by:

  1. applying for and being granted a Certificate of Rehabilitation and Pardon,59 or
  2. through a direct application for a pardon from California's governor.60

You are encouraged to consult us here at Shouse Law Group, or to contact your local California Superior Court clerk's office or your probation office for further guidance on the restoration of California civil rights.

Additionally, if your conviction was for a crime punishable by imprisonment for more than one (1) year, you are disqualified from serving on a federal grand or petit jury... unless your civil rights have been restored under federal law.61

Currently, the only method available to restore civil rights under federal law is a presidential pardon.62

5. Serving in the armed forces
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If you have been convicted of a felony, you are ineligible to enlist in the Armed Forces unless you receive a waiver from the Secretary of Defense.63

If you have already served in the military, you may not receive a military pension after the first 60 days of incarceration in a federal, state, or local penal institution as a result of a conviction for a felony or misdemeanor.64 The pension lost as a result of your imprisonment may be paid, however, to your spouse or children.65

In addition, you forfeit all accrued and future "gratuitous" veterans benefits and your right to National Service Life Insurance and Servicemen's Group Life Insurance if your conviction was for certain crimes, such as:

  • treason;
  • mutiny;
  • sabotage;
  • subversive activities; or
  • rendering assistance to an enemy of the United States or of its allies.66
6. Holding public office
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You are legally obligated to disclose a felony conviction when running for high office, even if the conviction has been expunged.67

You are disqualified from public office if you are convicted under California or federal law of:

  • vote-buying;
  • bribery;
  • perjury;
  • forgery;
  • malfeasance in office;
  • embezzlement of public money;
  • falsification of public account records; or
  • other "high crimes."68
7. Possessing a firearm
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A felony conviction subjects you to a lifetime ban from owning or possessing a gun in California... unless your firearms rights are restored.69 The lifetime ban applies to all California... and most federal... felonies.70 It applies both to adults, and to minors who were convicted of any of the above offenses when tried as adults.71

Expungement of a conviction does not restore your firearm rights.72

In addition, if you have been convicted of a felony involving the use of a dangerous weapon, there is no way to restore your firearms rights.73 California law defines "dangerous weapon" as any weapon, instrument, or object capable of being used to inflict great bodily injury or death.74

Otherwise, there are two ways in which you can restore your California gun rights after a California felony conviction:

If your conviction was for a "wobbler" offense you can:

  1. petition the court to have the felony charges reduced to a misdemeanor;75 then
  2. file a petition to have the charges dismissed.76

Otherwise, you must obtain a pardon from California's governor through one of two methods:

  1. If you still reside in California, by obtaining a California Certificate of Rehabilitation... which automatically becomes an application for a pardon; or
  2. If you no longer reside in California, by applying for a direct pardon from the Governor.77

Reducing your wobbler conviction to a misdemeanor

A so-called wobbler is a crime which prosecutors can choose to charge as either a misdemeanor or a felony.

You can file a petition to have felony charges reduced to a misdemeanor if:

  1. you were convicted of a wobbler felony... other than a crime of domestic violence or a drug offense that classifies you as a "narcotics addict"; AND
  2. you were not sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation.78

You cannot petition the court to reduce a crime chargeable only as a felony (a "straight" felony).

If you are convicted of a straight felony... or you have been sentenced to state prison for a wobbler felony... you can only restore your gun rights by obtaining a pardon.

You can petition to reduce felony wobbler charges if you were sentenced to:

  1. county jail time,
  2. probation,
  3. a fine, or
  4. any combination of those three (3) things.79

Eligible felony wobbler charges can be reduced at any time.  Thus you can file a petition if:

  • you were convicted of a felony and are still on probation (though you will first need to file a petition to have your probation terminated80 );
  • you were convicted of a felony and are done with probation and/or county jail time;81 or
  • you were convicted of a felony and were never given any probation at all and were sentenced to county jail.82

Expunging your misdemeanor conviction

If you are successful in reducing felony charges to a misdemeanor, you can file another petition to have the misdemeanor dismissed.83

If the misdemeanor is dismissed, the state will restore your gun rights automatically... unless the crime is a sexual crime relating to a child, or a misdemeanor that subjects you to a 10-year gun ownership restriction.84

If it is, you must wait out the 10-year period before your firearms rights can be restored by petition.85

There are about 40 specific misdemeanor convictions that carry a California 10-year firearms ban. These include (but are not limited to):

  • battery;
  • sexual battery;
  • domestic violence;
  • stalking; and
  • criminal threats.86

State law restores California gun rights to an individual convicted of misdemeanor crimes of domestic violence once the 10-year restriction expires.

However, federal law imposes a lifetime firearms ban on individuals convicted of any misdemeanor crime of stalking or domestic violence.87

The only way to avoid the lifetime federal ban on owning a firearm is to avoid the domestic violence conviction in the first place.

Pardons by California's Governor

California felons residing in California can seek a court order declaring that they are rehabilitated.  To do this, apply to the Superior Court in the county where you live for a Certificate of Rehabilitation.

You are eligible to apply for a Certificate of Rehabilitation if:

  1. you were convicted of a felony and served your sentence in a California state prison; AND

    • you were discharged or released on parole prior to May 13, 1943;
    • you have not been incarcerated in a state penal institution since release; AND
    • you have resided for three years in California immediately prior to filing the petition.88

      OR


  2. you were convicted of a felony... or a misdemeanor sex offense specified in Penal Code section 290 that was dismissed under Penal Code section 1203.4; AND

    • you have been discharged from custody, probation, or parole;
    • you have not been incarcerated in any penal institution, jail, or agency since release;
    • you are not on probation for the commission of any other felony; AND
    • you have resided for five years in California immediately prior to filing the petition.89

      OR


  3. you were convicted of a felony after May 13, 1943; AND

    • you were sentenced to state prison;
    • you were discharged from custody or released on parole; AND
    • you have resided for five years in California immediately prior to filing the petition.90

You are not eligible to apply for a Certificate of Rehabilitation if:

  1. you do not meet the above requirements;
  2. you  were convicted of a misdemeanor (except a misdemeanor sex offense, as set forth above);
  3. you were convicted of a sex offense under Penal Code sections 286(c), 288, 288a(c), 288.5, or 289(j);
  4. you are serving a mandatory life parole;
  5. you are committed to prison under a death sentence; or
  6. you are in the military.91

Note that special rules that apply to individuals convicted of sex offenses.92

Applying for a Pardon from California's Governor

If the Court issues you a Certificate of Rehabilitation, it is forwarded to the California Governor's Office. Once received there, it automatically becomes an application for a pardon.

If you are ineligible for a Certificate of Rehabilitation, you may apply for a direct pardon.93 This procedure is used primarily by people who were convicted of a crime in California and now reside outside the state. It is also available to people who are not eligible for a Certificate of Rehabilitation because they have been convicted of specified sex or misdemeanor offenses.94

The Governor has complete discretion in deciding whether to grant a pardon.95

An application will not normally be considered unless the applicant has been:

  1. discharged from probation or probation;
  2. for at least 10 years;
  3. without further criminal activity during that period.96

The 10-year rule may be waived on demonstration of truly exceptional circumstances, such as factual innocence.97

A gubernatorial pardon does not seal or expunge the record of conviction.  It does not preclude a state agency from considering the conviction in license proceedings.98

Additionally, the Governor of California may not grant a pardon or commutation to a person twice convicted of a felony... except on the written recommendation of a majority of justices of the California Supreme Court.99 However, the Governor is under no obligation to seek such a recommendation.100

Federal felons and persons convicted under the laws of a state other than California are ineligible for a gubernatorial pardon.101 They may regain their civil rights in California only through a pardon... or an "action analogous to a pardon"... in the jurisdiction where their conviction took place.102 Nor do courts have the power to expunge federal criminal records, except as specifically provided by federal statute.103

Thus, federal felons... even those who have had their civil rights restored by a state law or procedure... are still prohibited by federal law from possessing firearms.  Federal felons may not possess firearms unless and until their civil rights are restored through a federal... not a state... procedure.104

There are legally two ways to regain your federal civil rights:

  1. by obtaining a presidential pardon;105 or
  2. by a grant of relief from firearm disabilities by the Director of the Bureau of Alcohol, Tobacco and Firearms.106

Since fiscal year 1992, however, the United States Congress has prohibited ATF from expending funds to process applications from individuals for relief.  As a practical matter, therefore, restoration of a felon's federal firearms privileges may be accomplished only by obtaining a presidential pardon.107 Presidential pardons are rarely granted.

8. Collection of DNA
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Your DNA may be collected under the following circumstances:

  1. you are newly convicted of... or plead guilty to... a felony offense;108
  2. you are required to register under Section 290 [sex offenses] or 457.1 [arson] because you committed... or attempted to commit... a felony or misdemeanor offense;109
  3. you are housed in a mental health facility or sex offender treatment program after referral to such facility or program by a court after being charged with any felony offense;110 or
  4. you are an adult and you have been arrested for any felony offense.111
9. Federal benefits
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Old age survivors and disability benefits are suspended for any month during which you are actually confined in jail or prison under any felony conviction.112

You are ineligible under to participate in any federal health care program if you have been convicted of a felony related to:

  • federal program fraud;113
  • patient abuse;114 or
  • drugs.115

You may also be denied participation in a federal health care program at the government's discretion if you commit any of the following in connection with a program operated by... or financed in whole or in part by... any Federal, State, or local government agency:

  • fraud;
  • theft;
  • embezzlement;
  • breach of fiduciary responsibility; or
  • other financial misconduct.116

Drug offenders may have additional restrictions placed upon federal benefits, including:

  • receipt of grants, licenses, and contracts;
  • retirement benefits;
  • welfare;
  • Social Security;
  • disability;
  • public housing, and
  • benefits based on military service.117

The denial of these benefits becomes mandatory and permanent upon a third conviction for a drug offense... although it may be suspended if:

  1. you complete a supervised drug rehabilitation program;
  2. you have otherwise been rehabilitated; or
  3. you have  made a good faith effort to gain admission to a supervised drug rehabilitation program, but are unable to do so because of inaccessibility or unavailability of such a program, or your inability to pay for such a program.118

You may also maintain your right to such benefits if you cooperate with the government in connection with the prosecution of other offenders.119

If you are convicted of certain offenses related to national security, neither you... nor any survivor or beneficiary...  may receive a federal annuity or retirement pay.  You may also be subject to additional penalties regarding the collection of:

  • old-age benefits,
  • survivors' benefits,
  • disability insurance benefits, or
  • health insurance for the aged and disabled.120

Finally, if you are subject to a lifetime registration requirement under a State sex offender registration program, you are ineligible for federally assisted housing.121

10. Travel restrictions

Most sentences for felony convictions provide for a period of supervised release following any prison or jail time.  During this time, generally you will need the permission of your probation or parole officer in order to travel outside of the county where you reside or more than 50 miles from your home.122

If you have been convicted of a felony federal or state drug offense, however... and you used a passport or otherwise crossed an international boundary in committing the offense... you may not be issued a passport.   And an already issued passport may be revoked upon conviction of a disqualifying offense.123

In addition, many foreign governments... including Canada... make it a crime under their laws for an individual with a felony conviction to enter their country without special application.124 Special applications, if available, can take months to obtain.

11. Immigration
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If you are an illegal alien, a felony conviction may affect your conviction may affect your immigration status. You may be kept from entering... or be deported from... the United States upon conviction of certain offenses, including (but not limited to):

  • certain crimes involving conviction may affect your immigration status;125
  • multiple offenses for which the aggregate sentences actually imposed totaled five (5) years or more;126 and
  • drug violations127 (other than simple possession of a small amount of marijuana, if waived by the Attorney General128 ).
12. Lawsuits by your victim(s)
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If you commit a felony, your victim(s) could sue you for damages from the crime.  The right of a victim to sue lasts until 10 years after you are discharged from parole.129

This 10-year California statute of limitations is the result of a 2002 case concerning publications by the convicted kidnapper of Frank Sinatra, Jr.   Before 2002, California had a so-called "Son of Sam" law, which sought to prevent convicted felons from profiting by selling the stories of their crimes.

In Keenan v. Superior Court of Los Angeles County, the California Supreme Court held that California's Son of Sam law was unconstitutional under the First Amendment's guarantee of freedom of speech.130

In response, the California legislature increased to 10 years the statute of limitations for suits by crime victims.131

There is still a federal Son of Sam statute, 18 USC 3681.  It permits a court, upon motion of the United States Attorney, to order the forfeiture of publication proceeds after a defendant has been convicted of a federal crime "resulting in physical harm to an individual."132

Forfeited publication proceeds are retained in escrow in the Crime Victims Fund and may be used to satisfy a money judgment obtained by a victim. The federal law puts a cap of 20% on funds paid for legal representation of the defendant.133

13. Warrantless parole searches
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With few exceptions, every inmate released from a California state prison is placed on parole.

The term of parole is generally three (3) years. Inmates convicted of certain sex crimes... and inmates who were sentenced to life in prison...  may be placed on parole for five (5) years.134

While you are on parole, you and your residence and any property under your control may be searched without a warrant at any time by any agent of the Department of Corrections or any law enforcement officer.135

Moreover, judges who grant felony probation generally impose similar "search conditions" as a condition of probation.

14. Registration as a sex offender under
"Megan's law"
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You are required to register as a sex offender if you have been convicted of:

  • a criminal offense against a victim who is a minor, or
  • a sexually violent offense.136

You must also register as a sex offender if you have been labeled a sexually violent predator.137

The registration requirement applies for the rest of your life.138

Failure to register as a sex offender as required is a felony punishable by 16 months, or two or three years in California state prison.139

Felony sex offenders are also required to provide blood and saliva samples for DNA testing.140

15. Special restrictions related to drug convictions
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If your felony conviction involves a controlled substance, you may lose other rights, such as the ability to obtain or maintain a private pilot's license and aircraft registration.141

16. California's three-strikes law
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Expungement does not remove a strike for purposes of California's three-strikes law.142

If you get convicted of a serious felony or a violent felony, it will count as a "strike" prior regardless of whether it is later expunged.143

17. Pension benefits for California employees
and officials

If you are a public employee first employed by a public employer... or first elected or appointed to an office... on or after January 1, 2013... you lose your public pension rights and benefits if you are convicted of a state or federal felony:

  • arising out of or in the performance of your official duties,
  • in pursuit of your office or appointment,
  • in connection with obtaining salary, disability retirement, service retirement, or other benefits, or
  • committed within the scope of your official duties against or involving a child who you have contact with as part of your official duties.144
Call us for help
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If you or loved one is charged with a felony conviction and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Legal References:

1 22 CCR 1256-34 -- Discharge for Misconduct—Dishonesty – provides, in relevant part:

(a) Scope. This section relates to discharge for misconduct in connection with the most recent work based upon an employee's dishonesty. "Dishonesty" includes such acts and statements as lying, theft, making false entries on records, and other actions showing a lack of truthfulness and integrity. "Dishonesty" includes both criminal and noncriminal dishonest acts and statements. Section 1256-30 of these regulations sets forth general principles also applicable under this section.

(e) False Work Records or Statements About Co-workers, Employer, Work.

An employee who willfully makes false statements which relate to work records, co-employees, the employer or the work, and which substantially injure or tend to injure the employer's interests or are a substantial violation of the employee's duty and obligation to the employer has engaged in misconduct. False statements are willful when made with the employee's full knowledge of falsity, or made when the employee does not believe the statement is true, or made carelessly when the employee does not care whether the statement is true or not and has no basis for believing that the statement is true. Examples of false statements include, but are not limited to:

(5) Making false statements on work applications concerning information reasonably and materially related to the selection of qualified applicants for the job or the employer's interests.

COMMENTS. Under subdivision (e)(5) relating to false work applications, provisions of California codes may govern the questions an employer may legally ask prospective employees. For example, Section 432.7 of the Labor Code prohibits asking an employment applicant for information concerning an arrest which did not result in conviction except for certain peace officer or law enforcement positions, certain positions at health facilities for specified criminal charges, and instances where the applicant is out on bail or on his or her own recognizance pending a trial of a criminal charge.

2Having a criminal record is not a protected basis under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

342 U.S.C. § 2000e et seq.

442 USC 2000e-2(a) -- It shall be an unlawful employment practice for an employer—
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin...

5See, U.S. Equal Employment Opportunity Commission, Enforcement Guidance.

6Same.

See, also, 42 USC § 2000e–2(k)(1)(A)(i):  An unlawful employment practice based on disparate impact is established under this subchapter only if... a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.

7 Based on an example from the EEOC Enforcement Guidance directive, note 5, supra.

8 Same.  The EEOC recommends that employers not ask about convictions on job applications and that, if and when they make such inquiries, the inquiries be limited to convictions for which exclusion would be job related for the position in question and consistent with business necessity

9 California Code of Regulations, Title 2, Section 7287.4.  Employee Selection –
(a) Selection and Testing. Any policy or practice of an employer or other covered entity which has an adverse impact on employment opportunities of individuals on a basis enumerated in the Act is unlawful unless the policy or practice is job-related, as defined in Section 7287.4(e). The Commission herein adopts the Uniform Guidelines on Employee Selection Procedures promulgated by various federal agencies, including the EEOC and Department of Labor. [29 CFR 1607 (1978)].
...
(e) Permissible Selection Devices. A testing device or other means of selection which is facially neutral, but which has an adverse impact (as described in the Uniform Guidelines on Employee Selection Procedures (29 CFR 1607 (1978)) upon persons on a basis enumerated in the Act, is permissible only upon a showing that the selection practice is sufficiently related to an essential function of the job in question to warrant its use.

10 EEOC Enforcement, note 5, supra, Section 3 – Convictions.

11 California Penal Code 432.7(f) Nothing in this section shall prohibit an employer at a health facility, as defined in Section 1250 of the Health and Safety Code, from asking an applicant for employment either of the following:
(1) With regard to an applicant for a position with regular access to patients, to disclose an arrest under any section specified in Section 290 of the Penal Code.
(2) With regard to an applicant for a position with access to drugs and medication, to disclose an arrest under any section specified in Section 11590 of the Health and Safety Code.

12 Same.

13 See, for example, Harrisburg University of Science and Technology Application For Employment, which provides, in part:

Criminal convictions will not automatically disqualify an applicant from a particular job. The Company will consider the nature of the crime, its seriousness, whether the conviction(s) substantially relates to the position's functions and qualifications, the frequency of convictions, the applicant's age at the time of conviction, the time elapsed since the date of conviction or completion of jail sentence, the applicant's entire work and educational history, and employment references and recommendations.
An ex-offender who is denied employment may, upon written request, receive a statement of the reason(s) for denial within 30 days of the applicant's request for such information.

CALIFORNIA APPLICANTS: This does not include convictions under California Health & Safety Code §§ 11357(a) or (b), 11360(c), 11364, 11365, or 11550 related to marijuana which occurred two or more years before the instant application.

14 See, e.g., California Department of Fair Employment & Housing Fact Sheet, Employment Inquiries - What Can Employers Ask Applicants and Employees?

"Acceptable: Job-related questions about convictions, except those convictions which have been sealed, or expunged, or statutorily eradicated.

Unacceptable: General questions regarding arrest record."

15 California Penal Code 432.7.  (a) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.

See, also, California Code of Regulations 7287.4(d)(1)(A) --

(d) Specific Practices.

(1) Criminal Records. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning:

(A) Any arrest or detention which did not result in conviction.

16 California Penal Code 1210.1(e): (1) At any time after completion of drug treatment and the
terms of probation, the court shall conduct a hearing, and if thecourt finds that the defendant successfully completed drug treatment,and substantially complied with the conditions of probation,including refraining from the use of drugs after the completion oftreatment, the conviction on which the probation was based shall beset aside and the court shall dismiss the indictment, complaint, orinformation against the defendant. In addition, except as provided inparagraphs (2) and (3), both the arrest and the conviction shall bedeemed never to have occurred. The defendant may additionallypetition the court for a dismissal of charges at any time aftercompletion of the prescribed course of drug treatment. Except asprovided in paragraph (2) or (3), the defendant shall thereafter bereleased from all penalties and disabilities resulting from theoffense of which he or she has been convicted.
(2) Dismissal of an indictment, complaint, or information pursuantto paragraph (1) does not permit a person to own, possess, or havein his or her custody or control any firearm capable of beingconcealed upon the person or prevent his or her conviction underChapter 2 (commencing with Section 29800) of Division 9 of Title 4 ofPart 6.
(3) Except as provided below, after an indictment, complaint, orinformation is dismissed pursuant to paragraph (1), the defendant mayindicate in response to any question concerning his or her priorcriminal record that he or she was not arrested or convicted for theoffense. Except as provided below, a record pertaining to an arrestor conviction resulting in successful completion of a drug treatmentprogram under this section may not, without the defendant's consent,be used in any way that could result in the denial of any employment,benefit, license, or certificate.
Regardless of his or her successful completion of drug treatment,the arrest and conviction on which the probation was based may berecorded by the Department of Justice and disclosed in response toany peace officer application request or any law enforcement inquiry.Dismissal of an information, complaint, or indictment under thissection does not relieve a defendant of the obligation to disclosethe arrest and conviction in response to any direct questioncontained in any questionnaire or application for public office, fora position as a peace officer as defined in Section 830, forlicensure by any state or local agency, for contracting with theCalifornia State Lottery, or for purposes of serving on a jury.

17 California Penal Code 432.8.  The limitations on employers and the penalties provided for in Section 432.7 shall apply to a conviction for violation of... [section] 11550 of the Health and Safety Code as they related to marijuana prior to January 1, 1976, or a statutory predecessor thereof, two years from the date of such a conviction.

18 California Penal Code 1203.47.  (a) A person who was found to be a person described inSection 602 of the Welfare and Institutions Code by reason of thecommission of an offense described in subdivision (b) of Section 647or in Section 653.22 may, upon reaching 18 years of age, petition thecourt to have his or her record sealed, as provided in Section 781of the Welfare and Institutions Code, except that, as pertaining toany records regarding the commission of an offense described insubdivision (b) of Section 647 or in Section 653.22, it shall not bea requirement in granting the petition for the person to show that heor she has not been convicted of a felony or of any misdemeanorinvolving moral turpitude, or that rehabilitation has been attainedto the satisfaction of the court. Upon granting the petition, allrecords relating to the violation or violations of subdivision (b) ofSection 647 or of Section 653.22, or both, shall be sealed pursuantto Section 781 of the Welfare and Institutions Code.
(b) The relief provided by this section does not apply to a personconvicted pursuant to subdivision (b) of Section 647 or of Section653.22 who paid money or any other valuable thing, or attempted topay money or any other valuable thing, to any person for the purposeof prostitution as defined in subdivision (b) of Section 647.
(c) This section applies to convictions and adjudications thatoccurred before, as well as those that occur after, the effectivedate of this section.
(d) A petition granted pursuant to this section does not authorizethe sealing of any part of a person's record that is unrelated to aviolation of subdivision (b) of Section 647, Section 653.22, or both.

19 California Penal Code 1203.4 (for people that have finished with probation and, if applicable county jail time), or Penal Code 1203.4a (for people that were sentenced to county jail and never given probation

See also, California Welfare and Institutions Code Section 389(c):Five years after a juvenile court record has been sealed, thecourt shall order the destruction of the sealed juvenile court recordunless for good cause the court determines that the juvenile courtrecord shall be retained. Any other agency in possession of sealedrecords shall destroy their records five years after the records wereordered sealed.

20 California Code of Regulations 7287.4(d)(1)(B) provides, in relevant part:
(d) Specific Practices.
(1) Criminal Records. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning:
(B) any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4.
See also California Penal Code Section 851.7, regarding expungement of misdemeanor convictions.

20 See, e.g., California Penal Code 432.7(a), which provides, in relevant part: Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.

22 California Penal Code 1210.1(e), note 16, supra.

23 California Penal Code 1203.4(a), which provides, in part:
(a) (1) In any case in which a defendant has fulfilled theconditions of probation for the entire period of probation, or hasbeen discharged prior to the termination of the period of probation,or in any other case in which a court, in its discretion and theinterests of justice, determines that a defendant should be grantedthe relief available under this section, the defendant shall, at anytime after the termination of the period of probation, if he or sheis not then serving a sentence for any offense, on probation for anyoffense, or charged with the commission of any offense, be permittedby the court to withdraw his or her plea of guilty or plea of nolocontendere and enter a plea of not guilty; or, if he or she has beenconvicted after a plea of not guilty, the court shall set aside theverdict of guilty; and, in either case, the court shall thereupondismiss the accusations or information against the defendant andexcept as noted below, he or she shall thereafter be released fromall penalties and disabilities resulting from the offense of which heor she has been convicted, except as provided in Section 13555 ofthe Vehicle Code. The probationer shall be informed, in his or herprobation papers, of this right and privilege and his or her right,if any, to petition for a certificate of rehabilitation and pardon.The probationer may make the application and change of plea in personor by attorney, or by the probation officer authorized in writing.However, in any subsequent prosecution of the defendant for any otheroffense, the prior conviction may be pleaded and proved and shallhave the same effect as if probation had not been granted or theaccusation or information dismissed. The order shall state, and theprobationer shall be informed, that the order does not relieve him orher of the obligation to disclose the conviction in response to anydirect question contained in any questionnaire or application forpublic office, for licensure by any state or local agency, or forcontracting with the California State Lottery Commission.
(2) Dismissal of an accusation or information pursuant to thissection does not permit a person to own, possess, or have in his orher custody or control any firearm or prevent his or her convictionunder Chapter 2 (commencing with Section 29800) of Division 9 ofTitle 4 of Part 6.
(3) Dismissal of an accusation or information underlying aconviction pursuant to this section does not permit a personprohibited from holding public office as a result of that convictionto hold public office.
(4) This subdivision shall apply to all applications for reliefunder this section which are filed on or after November 23, 1970.   (b) Subdivision (a) of this section does not apply to anymisdemeanor that is within the provisions of Section 42002.1 of theVehicle Code, to any violation of subdivision (c) of Section 286,Section 288, subdivision (c) of Section 288a, Section 288.5, orsubdivision (j) of Section 289, any felony conviction pursuant tosubdivision (d) of Section 261.5, or to any infraction.
(c) (1) Except as provided in paragraph (2), subdivision (a) doesnot apply to a person who receives a notice to appear or is otherwisecharged with a violation of an offense described in subdivisions (a)to (e), inclusive, of Section 12810 of the Vehicle Code.
(2) If a defendant who was convicted of a violation listed inparagraph (1) petitions the court, the court in its discretion and inthe interests of justice, may order the relief provided pursuant tosubdivision (a) to that defendant.

24 California Penal Code 1203.4a, which provides, in part:   (a) Every defendant convicted of a misdemeanor and notgranted probation, and every defendant convicted of an infractionshall, at any time after the lapse of one year from the date ofpronouncement of judgment, if he or she has fully complied with andperformed the sentence of the court, is not then serving a sentencefor any offense and is not under charge of commission of any crime,and has, since the pronouncement of judgment, lived an honest andupright life and has conformed to and obeyed the laws of the land, bepermitted by the court to withdraw his or her plea of guilty or nolocontendere and enter a plea of not guilty; or if he or she has beenconvicted after a plea of not guilty, the court shall set aside theverdict of guilty; and in either case the court shall thereupondismiss the accusatory pleading against the defendant, who shallthereafter be released from all penalties and disabilities resultingfrom the offense of which he or she has been convicted, except asprovided in Section 12021.1 of this code or Section 13555 of theVehicle Code.
(b) If a defendant does not satisfy all the requirements ofsubdivision (a), after a lapse of one year from the date ofpronouncement of judgment, a court, in its discretion and in theinterests of justice, may grant the relief available pursuant tosubdivision (a) to a defendant convicted of an infraction, or of amisdemeanor and not granted probation, or both, if he or she hasfully complied with and performed the sentence of the court, is notthen serving a sentence for any offense, and is not under charge ofcommission of any crime.
(c) (1) The defendant shall be informed of the provisions of thissection, either orally or in writing, at the time he or she issentenced. The defendant may make an application and change of pleain person or by attorney, or by the probation officer authorized inwriting, provided that, in any subsequent prosecution of thedefendant for any other offense, the prior conviction may be pleadedand proved and shall have the same effect as if relief had not beengranted pursuant to this section.
(2) Dismissal of an accusatory pleading pursuant to this sectiondoes not permit a person to own, possess, or have in his or hercustody or control any firearm or prevent his or her conviction underChapter 2 (commencing with Section 29800) of Division 9 of Title 4of Part 6.
(3) Dismissal of an accusatory pleading underlying a convictionpursuant to this section does not permit a person prohibited fromholding public office as a result of that conviction to hold publicoffice.
(d)  This section applies to any conviction specified insubdivision (a) or (b) that occurred before, as well as thoseoccurring after, the effective date of this section, except that thissection does not apply to the following:
(1) A misdemeanor violation of subdivision (c) of Section 288.
(2) Any misdemeanor falling within the provisions of Section42002.1 of the Vehicle Code.
(3) Any infraction falling within the provisions of Section 42001of the Vehicle Code.

25 Same at subdivision (b): subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.

26 See, e.g., Younies v. Merit Systems Protection Board (2011), United States Court of Appeals, Federal Circuit (order vacating judgment does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery).

27 California Business and Professions Code Section 23952 --  Felony and law violation.  The application shall also contain a statement to the effect that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the department applicable to the applicant or pertaining to the manufacture, sale, or distribution of alcoholic beverages, particularly any of the provisions of Sections 25500 to 25504, inclusive, or Sections 25611 to 25615, inclusive. If the applicant cannot make this statement the application shall contain a statement of the violation, if any, or reasons which will prevent the applicant from being able to comply with the requirements with respect to the statement.

28 California Penal Code 1210.1(e), note 16, supra.

29 California Penal Code 432.7 provides, in relevant part:
(b) Nothing in this section shall prohibit the disclosure of the information authorized for release under Sections 13203 and 13300 ofthe Penal Code, to a government agency employing a peace officer.However, the employer shall not determine any condition of employmentother than paid administrative leave based solely on an arrestreport. The information contained in an arrest report may be used asthe starting point for an independent, internal investigation of apeace officer in accordance with Chapter 9.7 (commencing with Section3300) of Division 4 of Title 1 of the Government Code.
...
(e) Persons seeking employment or persons already employed aspeace officers or persons seeking employment for positions in theDepartment of Justice or other criminal justice agencies as definedin Section 13101 of the Penal Code are not covered by this section.
See also, California Penal Code 1210.1(e)(3), note 16, supra.

30 California Labor Code 1024.5.  (a) An employer or prospective employer shall not use aconsumer credit report for employment purposes unless the position ofthe person for whom the report is sought is any of the following:
(1) A managerial position.
(2) A position in the state Department of Justice.
(3) That of a sworn peace officer or other law enforcementposition.
(4) A position for which the information contained in the reportis required by law to be disclosed or obtained.
(5) A position that involves regular access, for any purpose otherthan the routine solicitation and processing of credit cardapplications in a retail establishment, to all of the following typesof information of any one person:
(A) Bank or credit card account information.
(B) Social security number.
(C) Date of birth.
(6) A position in which the person is, or would be, any of thefollowing:
(A) A named signatory on the bank or credit card account of theemployer.
(B) Authorized to transfer money on behalf of the employer.
(C) Authorized to enter into financial contracts on behalf of theemployer.
(7) A position that involves access to confidential or proprietaryinformation, including a formula, pattern, compilation, program,device, method, technique, process or trade secret that (i) derivesindependent economic value, actual or potential, from not beinggenerally known to, and not being readily ascertainable by propermeans by, other persons who may obtain economic value from thedisclosure or use of the information, and (ii) is the subject of aneffort that is reasonable under the circumstances to maintain secrecyof the information.
(8) A position that involves regular access to cash totaling tenthousand dollars ($10,000) or more of the employer, a customer, orclient, during the workday.

31 California Labor Code 1785.20.5. (a) Prior to requesting a consumer credit report for employment purposes, the user of the report shall provide written notice to the person involved. The notice shall inform the person that a report will be used, and shall identify the specific basis under subdivision (a) of Section 1024.5 of the Labor Code for use of the report. The notice shall also inform the person of the source of the report, and shall contain a box that the person may check off to receive a copy of the credit report. If the consumer indicates that he or she wishes to receive a copy of the report, the user shall request that a copy be provided to the person when the user requests its copy from the credit reporting agency. The report to the user and to the subject person shall be provided contemporaneously and at no charge to the subject person.

32 California Labor Code 1785.20.5 (b) Whenever employment involving a consumer is denied either wholly or partly because of information contained in a consumer credit report from a consumer credit reporting agency, the user of the consumer credit report shall so advise the consumer against whomthe adverse action has been taken and supply the name and address oraddresses of the consumer credit reporting agency making the report.No person shall be held liable for any violation of this section ifhe or she shows by a preponderance of the evidence that, at the timeof the alleged violation, he or she maintained reasonable proceduresto assure compliance with this section.

33 California Labor Code 1785.13.  (a) No consumer credit reporting agency shall make any consumer credit report containing any of the following items of information:(6) Records of arrest, indictment, information, misdemeanorcomplaint, or conviction of a crime that, from the date ofdisposition, release, or parole, antedate the report by more thanseven years. These items of information shall no longer be reportedif at any time it is learned that in the case of a conviction a fullpardon has been granted, or in the case of an arrest, indictment,information, or misdemeanor complaint a conviction did not result.

34U.S. Equal Employment Opportunity Commission, Enforcement Guidance.

35 Same, Sec. 3 -- Convictions.

See also U.S. Equal Employment Opportunity Commission, Pre-Employment Inquiries and Arrest & Conviction.

36 10 USC  2408 - Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors.

37 29 USC 1111 - Persons prohibited from holding certain positions.

38 12 USC  1818 - Termination of status as insured depository institution

39 18 USC 1033 -- Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.

40 7 USC 12a - Registration of commodity dealers and associated persons; regulation of registered entities.
See also, 15 USC § 80b–3 - Registration of investment advisers.

41 18 USC 2385 - Advocating overthrow of Government.

42 See, e.g., California Board of Registered Nursing, License Discipline and Convictions.

43 California Business and Professions Code Section 23952 -- Felony and law violation.  The application shall also contain a statement to the effect that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this division or any rule of the department applicable to the applicant or pertaining to the manufacture, sale, or distribution of alcoholic beverages, particularly any of the provisions of Sections 25500 to 25504, inclusive, or Sections 25611 to 25615, inclusive. If the applicant cannot make this statement the application shall contain a statement of the violation, if any, or reasons which will prevent the applicant from being able to comply with the requirements with respect to the statement.

44 Same.

45 California Administrative Procedures Act, Government Code 11500-11529.

46 19 USC 1641(d)(1).

47 19 USC 1641(d)(1)(B)(i).

48 50 USC 2410(h)(1).

49 United States Coast Guard, What do I need to know about criminal records and obtaining mariner credentials?

50 See 49 CFR 240.119 - Criteria for consideration of data on substance abuse disorders and alcohol/drug rules compliance.

51 49 CFR 1572.5 and 49 CFR 1572.103 -- Disqualifying criminal offenses.

52 21 USC 862 -- Denial of Federal benefits to drug traffickers and possessors.

53 United States Constitution - Amendment XIV, Section 1:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

54 California Elections Code 2101 -- A person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.

55 See California Secretary of State Memorandum # 11134 re: Voter Registration: Status of Persons Convicted Under State's New Criminal Justice Realignment Statutes, December 5, 2011:

Under AB 109 and AB 117 (collectively, the Criminal Justice Realignment Act, CJRA or Act) and effective October 1, 2011, there are four scenarios under which a person convicted of a felony can be incarcerated. Under three of the scenarios, the person is ineligible to vote while incarcerated. Under one of the scenarios, the person retains the right to vote while incarcerated. The four scenarios are:

1. Felony sentence to state prison: No change. The person has been convicted of a felony and sentenced to state prison. While in state prison, the person is ineligible to vote. A person returned to state prison for violating the terms of their parole is also ineligible to vote.

2. Felony sentence to state prison, served in county jail under contract between the state and a county: No change. The person has been convicted of a felony and sentenced to state prison. Under a contract between the state and a county, the person is serving the state prison sentence in a county jail. While in county jail, the person is ineligible to vote.

3. Felony sentence to county jail: New. The person has been convicted of a CJRA-defined low-level felony and sentenced, on or after October 1, 2011 , to a term of more than one year in county jail. While in jail, the person is ineligible to vote. A person returned to jail for violating the terms of their post release community supervision, or for violating probation that was granted for the concluding part of the sentence, is also ineligible to vote.

4. Jail commitment as a condition of probation in lieu of felony sentencing: No change. The person has been convicted of a felony, but the judge has suspended imposition or execution of a felony sentence, instead placing the person on probation with the condition that the person serve one year or less in county jail. While in jail as a condition of this form of probation, the person retains the right to vote because the imposition or execution of the felony sentence was suspended.

Also effective October 1, 2011 , there are three scenarios under which a person convicted of a felony and sentenced to state prison or county jail may be released, subject to supervision. Under all three scenarios, the person is ineligible to vote while remaining under supervision.

1. Parole: No change. A person who was convicted of a felony, sentenced to state prison, and subsequently placed on state-supervised parole upon release from state prison is, until the period of parole ends, ineligible to vote.

2. Post Release Community Supervision: New. A person who was convicted and sentenced to state prison prior to October 1, 2011, for what is now defined by the CJRA as a low-level felony, and is released from state prison to county supervised post release community supervision is, until the period of supervision ends, ineligible to vote.

3. Court-approved service of the concluding portion of a felony county jail sentence on probation: New. At the time a judge sentences a person to county jail for the conviction of a CJRA-defined low-level felony, the CJRA authorizes the judge to order that the person be released on probation for a specified, concluding portion of the term. This post-sentencing probation, which could last more than a year, continues until the end of the full sentence term. Until the period of this form of probation ends, the person is ineligible to vote.

56 See CalRealignment.org, Realignment Overview.

57 See, e.g.,  American Civil Liberties Union of Northern California, Every Vote Counts Campaign.

58 Same.

59 California Penal Code 4852.01-4852.21, which provide, in part:

4852.01.(a) Any person convicted of a felony who has been released from a state prison or other state penal institution or agency inCalifornia, whether discharged on completion of the term for which heor she was sentenced or released on parole prior to May 13, 1943,who has not been incarcerated in a state prison or other state penalinstitution or agency since his or her release and who presentssatisfactory evidence of a three-year residence in this stateimmediately prior to the filing of the petition for a certificate ofrehabilitation and pardon provided for by this chapter, may file thepetition pursuant to the provisions of this chapter.
(b) Any person convicted of a felony who, on May 13, 1943, wasconfined in a state prison or other institution or agency to which heor she was committed and any person convicted of a felony after thatdate who is committed to a state prison or other institution oragency may file a petition for a certificate of rehabilitation andpardon pursuant to the provisions of this chapter.
(c) Any person convicted of a felony or any person who isconvicted of a misdemeanor violation of any sex offense specified inSection 290, the accusatory pleading of which has been dismissedpursuant to Section 1203.4, may file a petition for certificate ofrehabilitation and pardon pursuant to the provisions of this chapterif the petitioner has not been incarcerated in any prison, jail,detention facility, or other penal institution or agency since thedismissal of the accusatory pleading and is not on probation for thecommission of any other felony, and the petitioner presentssatisfactory evidence of five years residence in this state prior tothe filing of the petition.
(d) This chapter shall not apply to persons serving a mandatorylife parole, persons committed under death sentences, personsconvicted of a violation of subdivision (c) of Section 286, Section288, subdivision (c) of Section 288a, Section 288.5, or subdivision(j) of Section 289, or persons in the military service.
(e) Notwithstanding the above provisions or any other provision oflaw, the Governor shall have the right to pardon a person convictedof a violation of subdivision (c) of Section 286, Section 288,subdivision (c) of Section 288a, Section 288.5, or subdivision (j) ofSection 289, if there are extraordinary circumstances.

See also California  Penal Code 4852.03.  (a) The period of rehabilitation shall begin to run uponthe discharge of the petitioner from custody due to his or hercompletion of the term to which he or she was sentenced or upon hisor her release on parole or probation, whichever is sooner. Forpurposes of this chapter, the period of rehabilitation shallconstitute five years' residence in this state, plus a period of timedetermined by the following rules:
(1) To the five years there shall be added four years in the caseof any person convicted of violating Section 187, 209, 219, 4500, or18755 of this code, or subdivision (a) of Section 1672 of theMilitary and Veterans Code, or of committing any other offense whichcarries a life sentence.
(2) To the five years there shall be added five years in the caseof any person convicted of committing any offense or attemptedoffense for which sex offender registration is required pursuant toSection 290, except for convictions for violations of subdivision(b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or314. For those convictions, two years shall be added to the fiveyears imposed by this section.
(3) To the five years there shall be added two years in the caseof any person convicted of committing any offense that is not listedin paragraph (1) or paragraph (2) and that does not carry a lifesentence.
(4) The trial court hearing the application for the certificate ofrehabilitation may, if the defendant was ordered to serveconsecutive sentences, order that his or her statutory period ofrehabilitation be extended for an additional period of time whichwhen combined with the time already served will not exceed the periodprescribed by statute for the sum of the maximum penalties for allthe crimes.
(5) Any person who was discharged after completion of his or herterm or was released on parole before May 13, 1943, is not subject tothe periods of rehabilitation set forth in these rules.
(b) Unless and until the period of rehabilitation, as stipulatedin this section, has passed, the petitioner shall be ineligible tofile his or her petition for a certificate of rehabilitation with thecourt. Any certificate of rehabilitation that is issued and underwhich the petitioner has not fulfilled the requirements of thischapter shall be void.
(c) A change of residence within this state does not interrupt theperiod of rehabilitation prescribed by this section....
California  Penal Code 4852.05.  The person shall live an honest and upright life, shallconduct himself or herself with sobriety and industry, shall exhibita good moral character, and shall conform to and obey the laws of theland.
California Penal Code 4852.06.  Except as provided in subdivision (a) of Section 4852.01,after the expiration of the minimum period of rehabilitationapplicable to him or her (and, in the case of persons released uponparole or probation, after the termination of parole or probation),each person who has complied with the requirements of Section 4852.05may file in the superior court of the county in which he or she thenresides a petition for ascertainment and declaration of the fact ofhis or her rehabilitation and of matters incident thereto, and for acertificate of rehabilitation under this chapter. No petition shallbe filed until and unless the petitioner has continuously resided inthis state, after leaving prison, for a period of not less than fiveyears immediately preceding the date of filing the petition.
California  Penal Code 4852.17.  ... Whenever a person is granted a full and unconditional pardon bythe Governor, based upon a certificate of rehabilitation, the pardonshall entitle the person to exercise thereafter all civil andpolitical rights of citizenship, including, but not limited to: (1)the right to vote; (2) the right to own, possess, and keep any typeof firearm that may lawfully be owned and possessed by othercitizens; except that this right shall not be restored, and Sections17800 and 23510 and Chapter 2 (commencing with Section 29800) ofDivision 9 of Title 4 of Part 6 shall apply, if the person was everconvicted of a felony involving the use of a dangerous weapon.

60 See State of California Office of the Governor,  How to Apply for a Pardon.

61 See, United States Courts, Juror Qualifications, Exemptions And Excuses

62 See, e.g., United States Attorneys' Manual, Criminal Resource Manual Section 1435 – Post-Conviction Restoration of Civil Rights.

63 10 USC 504(a) -- No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies.

See also, Department of Defense, Memorandum from the Under Secretary of Defense re: Enlistment Waivers,  June 27, 2008.

64 38 USC 1505(a) -- No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual's imprisonment begins and ending when such individual's imprisonment ends.

65 38 USC 1505(b) -- Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veteran's spouse or children the pension which such veteran would receive for that period but for this section.

66 38 USC 6105 - Forfeiture for subversive activities.

67 Penal Code 1203.4(a) provides, in relevant part, that expungement of a person's felony conviction "does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office..."

68 United States Constitution, Article II, Section 4:

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
California Constitution, Article VII, Section 8:

(a) Every person shall be disqualified from holding any office of profit in this State who shall have been convicted of having given or offered a bribe to procure personal election or appointment.

(b) Laws shall be made to exclude persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes from office or serving on juries.  The privilege of free suffrage shall be supported by laws regulating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.

69 California Penal Code 29800(a)(1) -- Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

70 California Penal Code 29800 (c) -- Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied:

(1) Conviction of a like offense under California law can only result in imposition of felony punishment.

(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

71 Penal Code 29800(b) -- Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony.

72 Both Penal Code 1203.4 and Penal Code 1203.4a provide that "Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6."

73 Penal Code 4852.17 provides, in part:
Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon
shall entitle the person to exercise thereafter all civil andpolitical rights of citizenship, including, but not limited to: (1)the right to vote; (2) the right to own, possess, and keep any typeof firearm that may lawfully be owned and possessed by othercitizens; except that this right shall not be restored, and Sections17800 and 23510 and Chapter 2 (commencing with Section 29800) ofDivision 9 of Title 4 of Part 6 shall apply, if the person was everconvicted of a felony involving the use of a dangerous weapon.

74 CALJIC 17.16 -- Personal use of a dangerous or deadly weapon. ["A deadly or dangerous weapon" means any weapon, instrument or object that is capable of being used to inflict great bodily injury or death[.]

75 California Penal Code 17(b) PC –

When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:

(1) After a judgment imposing a punishment other than imprisonmentin the state prison or imprisonment in a county jail under theprovisions of subdivision (h) of Section 1170.
(2) When the court, upon committing the defendant to the Divisionof Juvenile Justice, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant withoutimposition of sentence and at the time of granting probation, or onapplication of the defendant or probation officer thereafter, thecourt declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court havingjurisdiction over misdemeanor offenses a complaint specifying thatthe offense is a misdemeanor, unless the defendant at the time of hisor her arraignment or plea objects to the offense being made amisdemeanor, in which event the complaint shall be amended to chargethe felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior tofiling an order pursuant to Section 872, the magistrate determinesthat the offense is a misdemeanor, in which event the case shallproceed as if the defendant had been arraigned on a misdemeanorcomplaint.

76 Penal Code 1203.4 PC (for people done with probation and, if applicable, county jail time), or Penal Code 1203.4a (for people never given any probation but sentenced to county jail.

77 See State of California Office of the Governor,  How to Apply for a Pardon.

78 California Penal Code 17(b), endnote 84, supra.

79 Same.

80 Penal Code 1203.3.

81 Penal Code 1203.4.

82 Penal Code 1203.4a.

83 Penal Code 1203.4 PC (for people done with probation and, if applicable, county jail time), or Penal Code 1203.4a (for people never given any probation but sentenced to county jail.

84 Penal Code 1203.4(a)(4)(b) -- Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286 [sodomy of a child], Section 288 [statutory rape of a child], subdivision (c) of Section 288a [oral copulation of a child], Section 288.5 [sexual abuse of a child], or subdivision (j) of Section 289 [rape of a child], any felony conviction pursuant to subdivision (d) of Section 261.5 [statutory rape], or to any infraction.

See also California Department of Justice, Bureau of Firearms,  Firearms Prohibiting Categories.

85 California Penal Code 29805 – Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanorviolation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) ofSection 148, Section 171b, paragraph (1) of subdivision (a) ofSection 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or830.95, subdivision (a) of former Section 12100, as that section readat any time from when it was enacted by Section 3 of Chapter 1386 ofthe Statutes of 1988 to when it was repealed by Section 18 ofChapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, orSection 27510, or Section 8100, 8101, or 8103 of the Welfare andInstitutions Code, any firearm-related offense pursuant to Sections871.5 and 1001.5 of the Welfare and Institutions Code, or of theconduct punished in subdivision (c) of Section 27590, and who, within10 years of the conviction, owns, purchases, receives, or has inpossession or under custody or control, any firearm is guilty of apublic offense, which shall be punishable by imprisonment in a countyjail not exceeding one year or in the state prison, by a fine notexceeding one thousand dollars ($1,000), or by both that imprisonmentand fine. The court, on forms prescribed by the Department ofJustice, shall notify the department of persons subject to thissection. However, the prohibition in this section may be reduced,eliminated, or conditioned as provided in Section 29855 or 29860.

86 Same.

87 18 USC 922(g) provides, in part:
It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
...(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

88 California Penal Code 4852.01 PC
(a) Any person convicted of a felony who has been releasedfrom a state prison or other state penal institution or agency inCalifornia, whether discharged on completion of the term for which heor she was sentenced or released on parole prior to May 13, 1943,who has not been incarcerated in a state prison or other state penalinstitution or agency since his or her release and who presentssatisfactory evidence of a three-year residence in this stateimmediately prior to the filing of the petition for a certificate ofrehabilitation and pardon provided for by this chapter, may file thepetition pursuant to the provisions of this chapter.
(b) Any person convicted of a felony who, on May 13, 1943, wasconfined in a state prison or other institution or agency to which heor she was committed and any person convicted of a felony after thatdate who is committed to a state prison or other institution oragency may file a petition for a certificate of rehabilitation andpardon pursuant to the provisions of this chapter.
(c) Any person convicted of a felony or any person who isconvicted of a misdemeanor violation of any sex offense specified inSection 290, the accusatory pleading of which has been dismissedpursuant to Section 1203.4, may file a petition for certificate ofrehabilitation and pardon pursuant to the provisions of this chapterif the petitioner has not been incarcerated in any prison, jail,detention facility, or other penal institution or agency since thedismissal of the accusatory pleading and is not on probation for thecommission of any other felony, and the petitioner presentssatisfactory evidence of five years residence in this state prior tothe filing of the petition.
(d) This chapter shall not apply to persons serving a mandatorylife parole, persons committed under death sentences, personsconvicted of a violation of subdivision (c) of Section 286, Section288, subdivision (c) of Section 288a, Section 288.5, or subdivision(j) of Section 289, or persons in the military service.
(e) Notwithstanding the above provisions or any other provision oflaw, the Governor shall have the right to pardon a person convictedof a violation of subdivision (c) of Section 286, Section 288,subdivision (c) of Section 288a, Section 288.5, or subdivision (j) ofSection 289, if there are extraordinary circumstances.

89 Same.

90 California Penal Code 4852.01(b).

91 California Penal Code 4852.01(d).

92 California Penal Code 4852.01(c).

93 California Penal Code 4852.01(e).
See also State of California Office of the Governor, How to Apply for a Pardon.

94 See California Penal Code 4852.01(d).

95 See, e.g., State of California Office of the Governor, How to Apply for a Pardon

96 Same.

97 Same.
See also California Penal Code 4852.01(e).

98 Penal Code 1210.1(e)(2) -- Dismissal of an indictment, complaint, or information pursuant
to paragraph (1) does not permit a person to own, possess, or havein his or her custody or control any firearm capable of beingconcealed upon the person or prevent his or her conviction underChapter 2 (commencing with Section 29800) of Division 9 of Title 4 ofPart 6.

99 Penal Code 4852.16 -- The certified copy of a certificate of rehabilitationtransmitted to the Governor shall constitute an application for afull pardon upon receipt of which the Governor may, without anyfurther investigation, issue a pardon to the person named therein,except that, pursuant to Section 8 of Article V of the Constitution,the Governor shall not grant a pardon to any person twice convictedof felony, except upon the written recommendation of a majority ofthe judges of the Supreme Court.

100 People v. Ansell (2001) 25 Cal.4th 868, 891. ("However, regardless of which statutory application procedure is used, and notwithstanding any recommendation by the superior court, the pardon decision is discretionary, and rests ultimately with the Governor.")See also California Penal Code 4800 PC -- Constitutional authority. ("The general authority to grant reprieves, pardons and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution of the State of California.")

See also California Constitution, Article V, Section 8. ("SEC. 8. (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, [California Governor's] pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring.")

See also California Penal Code 4802 PC -- Application of second offender; reference. ("In the case of a person twice convicted of felony, the application for pardon or commutation of sentence shall be made directly to the Governor, who shall transmit all papers and documents relied upon in support of and in opposition to the application to the Board of Prison Terms.")

See also California Penal Code 4813 PC -- Applications of second offenders; recommendation; transmittal of papers. ("In the case of applications of persons twice convicted of a felony, the Board of Prison Terms, after investigation, shall transmit its written recommendation upon such application to the Governor, together with all papers filed in connection with the application.")

See also State of California Office of the Governor, How to Apply for a Pardon.

101 The Supremacy Clause of the United States constitution, Article VI, provides:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

102 See, State of California, Office of Governor Edmund G. Brown Jr., How to Apply for a Pardon.

103 United States v. Sumner (9th Cir. 2000) 226 F.3d (a district court does not have ancillary jurisdiction in a criminal case to expunge an arrest or conviction record where the sole basis alleged by the defendant is that he or she seeks equitable relief. The power to expunge a record of a valid arrest and conviction on equitable grounds must be declared by Congress. The Constitution prohibits federal courts from expanding their own subject matter jurisdiction.).

104 Beecham v. United States (1994), 511 U.S. 368.

105 See, e.g., United States Department of Justice, Pardon Information and Instructions.

106 18 USC 925(c) -- A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms, and the Attorney General may grant such relief if it is established to his satisfaction that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. Any person whose application for relief from disabilities is denied by the Attorney General may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. The court may in its discretion admit additional evidence where failure to do so would result in a miscarriage of justice. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector conducting operations under this chapter, who makes application for relief from the disabilities incurred under this chapter, shall not be barred by such disability from further operations under his license pending final action on an application for relief filed pursuant to this section. Whenever the Attorney General grants relief to any person pursuant to this section he shall promptly publish in the Federal Register notice of such action, together with the reasons therefor.

107 See, United States Department of Justice, Office of the Pardon Attorney, Federal Statutes Imposing Collateral Consequences Upon Conviction.

108 Penal Code 296(a) The following persons shall provide buccal swab samples,right thumbprints, and a full palm print impression of each hand, andany blood specimens or other biological samples required pursuant tothis chapter for law enforcement identification analysis:
(1) Any person, including any juvenile, who is convicted of orpleads guilty or no contest to any felony offense, or is found notguilty by reason of insanity of any felony offense, or any juvenilewho is adjudicated under Section 602 of the Welfare and InstitutionsCode for committing any felony offense...

109 Penal 296(a)(3) adds:Any person, including any juvenile, who is required toregister under Section 290 [certain sexual and violent crimes] or 457.1 [arson] because of the commission of, or the attempt to commit, a felony or misdemeanor offense...

110 Same – "or any person, including any juvenile, who is housed in a mental health facility or sex offender treatment program after referral to suchfacility or program by a court after being charged with any felonyoffense."

111 Penal Code 296(a)(2)(C).

112 42 U.S.C.  402(x)(1)(A)(i) -- Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223 to any individual for any month ending with or during or beginning with or during a period of more than 30 days throughout all of which such individual... is confined in a jail, prison, or other penal institution or correctional facility pursuant to his conviction of a criminal offense.

113 42 USC § 1320a–7(a)(1) -- The Secretary shall exclude the following individuals and entities from participation in any Federal health care program (as defined in section 1320a–7b (f) of this title): ...Any individual or entity that has been convicted of a criminal offense related to the delivery of an item or service under subchapter XVIII of this chapter or under any State health care program.

114 42 USC § 1320a–7(a)(2) -- The Secretary shall exclude the following individuals and entities from participation in any Federal health care program (as defined in section 1320a–7b (f) of this title):
... (2) Conviction relating to patient abuse
Any individual or entity that has been convicted, under Federal or State law, of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care item or service.

115 21 USC 862 - Denial of Federal benefits to drug traffickers and possessors.

116 42 USC § 1320a–7 - Exclusion of certain individuals and entities from participation in Medicare and State health care programs.

117 21 USC 862.

See also, U.S. Government Accountability Office, DRUG OFFENDERS: Various Factors May Limit the Impacts of Federal Laws That Provide for Denial of Selected Benefits, GAO-05-238, Sep 26, 2005.

118 Same.

119 21 USC 862(e) -- The penalties provided by this section shall not apply to any individual who cooperates or testifies with the Government in the prosecution of a Federal or State offense or who is in a Government witness protection program.

120 See, e.g.,  Social Security Administration, What You Need to Know When You Get Retirement or Survivors Benefits, 2013.

121 42 USC § 13663(a) -- Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program.

122 See e.g., California Department of Corrections and Rehabilitation, Division of Adult Parole Operations,  Parolee Conditions.

123 22 USC § 2714 - Denial of passports to certain convicted drug traffickers.

124 See, e.g., U.S. Department of State, Canada Country Specific Information.

125 8 USC 1182(2)(A)(i)(I) -- Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of... a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime...  is inadmissible.

126 8 USC 1182(B) -- Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

127 8 USC 1182 (C) -- Any alien who the consular officer or the Attorney General knows or has reason to believe—

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity,
is inadmissible.

128 8 USC 1182(h).

129 California Code of Civil Procedure 340.3 PC.

130 Keenan v. Superior Court of Los Angeles County (2002), 27 Cal. 4th 413, 117 Cal. Rptr. 2d 1 (California's "Son of Sam law" statute is facially invalid under both the free speech clause of the First Amendment to the federal Constitution as applied to the states through the Fourteenth Amendment, and the liberty of speech clause of the California Constitution, Article 1).

131 Senate Judiciary Committee, Bill Analysis SB 1887, June 11, 2002.

132 18 USC § 3681 - Order of special forfeiture.

133 Same.

134 Penal Code 3000(a)(1)-- In the case of any inmate sentenced under Section 1168 for a crime committed prior to July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for anyoffense other than first or second degree murder for which the inmatehas received a life sentence, and shall not exceed three years inthe case of any other inmate, unless in either case the Board ofParole Hearings for good cause waives parole and discharges theinmate from custody of the department. This subdivision shall also beapplicable to inmates who committed crimes prior to July 1, 1977, tothe extent specified in Section 1170.2. In the case of any inmatesentenced under Section 1168 for a crime committed on or after July1, 2013, the period of parole shall not exceed five years in the caseof an inmate imprisoned for any offense other than first or seconddegree murder for which the inmate has received a life sentence, andshall not exceed three years in the case of any other inmate, unlessin either case the department for good cause waives parole anddischarges the inmate from custody of the department.

135 Penal Code 3067(b)(3) --  Any inmate who is eligible for release on parole pursuant to this chapter or postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3... is subject to search or seizure by a probation or parole officer or other peace officer at any time of the day or night, with or without a search warrant or with or without cause.

136 Penal Code 290 (a) Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to"the Act" in those sections are to the Sex Offender Registration Act.   (b) Every person described in subdivision (c), for the rest of hisor her life while residing in California, or while attending schoolor working in California, as described in Sections 290.002 and290.01, shall be required to register with the chief of police of thecity in which he or she is residing, or the sheriff of the county ifhe or she is residing in an unincorporated area or city that has nopolice department, and, additionally, with the chief of police of acampus of the University of California, the California StateUniversity, or community college if he or she is residing upon thecampus or in any of its facilities, within five working days ofcoming into, or changing his or her residence within, any city,county, or city and county, or campus in which he or she temporarilyresides, and shall be required to register thereafter in accordancewith the Act.

137 Same.

138 Same.

139 California Penal Code 290.018 PC - Penalties for [failure to register as a sex offender]. ("(a) Any person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the act is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. (b) Except as provided in subdivisions (f), (h), and (j), any person who is required to register under the act based on a felony conviction or juvenile adjudication who willfully violates any requirement of the act or who has a prior conviction or juvenile adjudication for the offense of failing to register under the act and who subsequently and willfully violates any requirement of the act is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, or two or three years. (c) If probation is granted or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the person serve at least 90 days in a county jail. The penalty described in subdivision (b) or this subdivision shall apply whether or not the person has been released on parole or has been discharged from parole.")

140 California Penal Code 296(a)(3), endnote 117, supra.

141 14 CFR (a) -- A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:
(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or
(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

142 California Penal Code 1203.4a(c)(1): in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed.

143 See California Penal Code 1192.7(a)(3)-(c)(1)
...If the indictment or information charges the defendant with a violent sex crime, as listed in subdivision (c) of Section 667.61, that could be prosecuted under Sections 269, 288.7, subdivisions (b) through (i) of Section 667, Section 667.61, or 667.71, pleabargaining is prohibited unless there is insufficient evidence toprove the people's case, or testimony of a material witness cannot beobtained, or a reduction or dismissal would not result in asubstantial change in sentence. At the time of presenting theagreement to the court, the district attorney shall state on therecord why a sentence under one of those sections was not sought.
(b) As used in this section "plea bargaining" means anybargaining, negotiation, or discussion between a criminal defendant,or his or her counsel, and a prosecuting attorney or judge, wherebythe defendant agrees to plead guilty or nolo contendere, in exchangefor any promises, commitments, concessions, assurances, orconsideration by the prosecuting attorney or judge relating to anycharge against the defendant or to the sentencing of the defendant.
(c) As used in this section, "serious felony" means any of thefollowing:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4)sodomy by force, violence, duress, menace, threat of great bodilyinjury, or fear of immediate and unlawful bodily injury on the victimor another person; (5) oral copulation by force, violence, duress,menace, threat of great bodily injury, or fear of immediate andunlawful bodily injury on the victim or another person; (6) lewd orlascivious act on a child under 14 years of age; (7) any felonypunishable by death or imprisonment in the state prison for life; (8)any felony in which the defendant personally inflicts great bodilyinjury on any person, other than an accomplice, or any felony inwhich the defendant personally uses a firearm; (9) attempted murder;(10) assault with intent to commit rape or robbery; (11) assault witha deadly weapon or instrument on a peace officer; (12) assault by alife prisoner on a noninmate; (13) assault with a deadly weapon by aninmate; (14) arson; (15) exploding a destructive device or anyexplosive with intent to injure; (16) exploding a destructive deviceor any explosive causing bodily injury, great bodily injury, ormayhem; (17) exploding a destructive device or any explosive withintent to murder; (18) any burglary of the first degree; (19) robberyor bank robbery; (20) kidnapping; (21) holding of a hostage by aperson confined in a state prison; (22) attempt to commit a felonypunishable by death or imprisonment in the state prison for life;(23) any felony in which the defendant personally used a dangerous ordeadly weapon; (24) selling, furnishing, administering, giving, oroffering to sell, furnish, administer, or give to a minor any heroin,cocaine, phencyclidine (PCP), or any methamphetamine-related drug,as described in paragraph (2) of subdivision (d) of Section 11055 ofthe Health and Safety Code, or any of the precursors ofmethamphetamines, as described in subparagraph (A) of paragraph (1)of subdivision (f) of Section 11055 or subdivision (a) of Section11100 of the Health and Safety Code; (25) any violation ofsubdivision (a) of Section 289 where the act is accomplished againstthe victim's will by force, violence, duress, menace, or fear ofimmediate and unlawful bodily injury on the victim or another person;(26) grand theft involving a firearm; (27) carjacking; (28) anyfelony offense, which would also constitute a felony violation ofSection 186.22; (29) assault with the intent to commit mayhem, rape,sodomy, or oral copulation, in violation of Section 220; (30)throwing acid or flammable substances, in violation of Section 244;(31) assault with a deadly weapon, firearm, machinegun, assaultweapon, or semiautomatic firearm or assault on a peace officer orfirefighter, in violation of Section 245; (32) assault with a deadlyweapon against a public transit employee, custodial officer, orschool employee, in violation of Section 245.2, 245.3, or 245.5; (33)discharge of a firearm at an inhabited dwelling, vehicle, oraircraft, in violation of Section 246; (34) commission of rape orsexual penetration in concert with another person, in violation ofSection 264.1; (35) continuous sexual abuse of a child, in violationof Section 288.5; (36) shooting from a vehicle, in violation ofsubdivision (c) or (d) of Section 26100; (37) intimidation of victimsor witnesses, in violation of Section 136.1; (38) criminal threats,in violation of Section 422; (39) any attempt to commit a crimelisted in this subdivision other than an assault; (40) any violationof Section 12022.53; (41) a violation of subdivision (b) or (c) ofSection 11418; and (42) any conspiracy to commit an offense describedin this subdivision.See also California Penal Code 1192.8:

(a) For purposes of subdivision (c) of Section 1192.7,"serious felony" also means any violation of Section 191.5, paragraph(1) of subdivision (c) of Section 192, subdivision (a), (b), or (c)of Section 192.5 of this code, or Section 2800.3, subdivision (b) ofSection 23104, or Section 23153 of the Vehicle Code, when any ofthese offenses involve the personal infliction of great bodily injuryon any person other than an accomplice, or the personal use of adangerous or deadly weapon, within the meaning of paragraph (8) or(23) of subdivision (c) of Section 1192.7.
(b) It is the intent of the Legislature, in enacting subdivision(a), to codify the court decisions of People v. Gonzales, 29 Cal.App. 4th 1684, and People v. Bow, 13 Cal. App. 4th 1551, and toclarify that the crimes specified in subdivision (a) have alwaysbeen, and continue to be, serious felonies within the meaning ofsubdivision (c) of Section 1192.7.

144 California Government Code 7522.74.

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Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

Office Locations

Shouse Law Group has multiple locations all across California and Nevada. Click Office Locations to find out which office is right for you.

Call us 24/7 (888) 327-4652