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...

Chaker v. Crogan -- Recent Cases -- Darren Chaker

I litigated a cutting edge First Amendment case for 7 of its 10 year lifespan. Chaker v. Crogan, 428 F.3d 1215 C.A.9 (Cal.),2005, Cert. denied, 547 U.S. 1128, 126 S.Ct. 2023, invalidated a statute on First Amendment grounds and overruled the California Supreme Court‘s unanimous decision in People v. Stanistreet, 127 Cal.Rptr.2d 633.  Soon after Chaker v. Crogan, it was also used to strike down Nevada's analogous statute forcing the legislature to rewrite the law, but also nullified a similar Washington statute as well and used as the backbone authority in Gibson v. City of Kirkland, 2009 WL 564703, *2+ (W.D.Wash. Mar 03, 2009). My case is a leading case on viewpoint discrimination.
The case has been cited hundreds of times as authority, and written about extensively:
* Police Misconduct: Law and Litigation s 2:28, Denial of First Amendment rights (2009)
* Smolla & Nimmer on Freedom of Speech s 3:11, Viewpoint discrimination--Cross-burning reprised: Commonwealth of Virginia v. Black--Heavy presumption against viewpoint discrimination (2010)
* Smolla & Nimmer on Freedom of Speech s 10:22.50, Brandenburg v. Ohio: Intent and imminence standard--Bond and Watts decisions--"True threats" (2010)
* Chaker V. Crogan, 5 Cardozo Pub. L. Pol'y & Ethics J. 425, 444+ (2007)


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