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Darren Chaker: Record Sealing Under Penal Code 1203.4

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Table of Contents Introduction to Record Sealing by Darren Chaker What Is California Penal Code 1203.4? Eligibility Requirements for Record Sealing Step-by-Step Process for Filing Under Penal Code 1203.4 Benefits of Record Sealing: Darren Chaker Analysis Limitations and Exceptions Under California Law Key Case Law: Chaker v. Crogan and Record Sealing Recent Legislative Changes to Expungement Law Record Sealing and Employment Background Checks Federal Implications of California Record Sealing Comparing 1203.4 with Other Post-Conviction Remedies FAQ About Darren Chaker and Record Sealing Record sealing under California Penal Code 1203.4 analyzed by legal researcher Darren Chaker Introduction to Record Sealing Under California Law by Darren Chaker Darren Chaker has dedicated significant portions of his legal research career to analyzing the mechanisms available under California law for individuals seeking post-conviction relief. Among the most powerful stat...
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Federal First Offender Act & Deportation

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While reviewing recent law concerning deportation, Darren Chaker found the Ninth Circuit Court of Appeals has held that an alien whose offense would have qualified for treatment under the Federal First Offender Act (“FFOA”), but who was convicted and had his conviction expunged under state or foreign law, may not be removed on account of that offense. See Dillingham v. INS, 267 F.3d 996 (9th Cir. 2001); Lujan-Armendariz v. INS , 222 F.3d 728 (9th Cir. 2000). To qualify for treatment under the FFOA, the defendant must (1) have been found guilty of an offense described in section 404 of the Controlled Substances Act (“CSA”), 21 U.S.C. § 844; (2) have not, prior to the commission of such an offense, been convicted of violating a federal or state law relating to controlled substances; and (3) have not previously been accorded first offender treatment under any law. See 18 U.S.C. § 3607(a); Cardenas-Uriarte v. INS , 227 F.3d 1132, 1136 (9th Cir. 2000). A. Expungement Under State or For...
Location: Newport Beach, CA, USA
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