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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...

Hypothetical Questions in California Decided

Darren Chaker reports in People v. Vang , Hypothetical questions posed to an expert must be based on the evidence; the questioner is not required to "disguise" the fact that such a question is based on the case evidence.  Appellant and his codefendants were convicted of assault by means of force likely to inflict great bodily injury. The jury also found a gang enhancement true (Pen. Code, § 186.22 subd. (b)(1)). Relying on  People v. Killebrew  (2002) 103 Cal.App.4th 644, the Court of Appeal found the prosecutor is prohibited from asking hypothetical questions using facts which closely track the case evidence. The Supreme Court disagreed, finding a hypothetical question posed to an expert must be rooted in the case evidence. A hypothetical question which is not based on the evidence "is irrelevant and of no help to the jury." "To the extent that Killebrew . . . was correct in prohibiting expert testimony regarding whether the specific defendants acted for a ...