
Frequently Asked Questions
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Who We Are
The Access Project was founded with the goal of connecting law firms and individuals in need of free legal services. We leverage technology, provide hands-on training, and maintain strong networks to increase access to justice all over California. Check out our About page for more!
About Clean Slate Remedies
We use the term “clean slate” to refer to a patchwork of state laws that allow people to change their records after convictions through dismissals or reduction of felonies to misdemeanors. These laws are known by many names, such as “post-conviction relief” or “second chance remedies” or just “expungement.”
Some types of felonies can be reduced to misdemeanors. For example, Prop. 64 (the Adult Use of Marijuana Act) reduces some marijuana offenses to misdemeanors, and Prop 47 (the Safe Neighborhoods and Schools Act) reduces some common lower-level property and drug crimes. Some other felonies can be reduced to misdemeanors if the court decides to grant the reduction.
In California, some convictions can be “expunged,” which allows you to withdraw your plea of guilty and have your case dismissed. Dismissal of your conviction releases you from many of the consequences of past justice involvement.
Important: if you have a felony conviction and your dismissal was granted but your felony was not reduced to a misdemeanor, you are still subject to the lifetime firearms ban. Possession of a firearm by a person with a felony conviction is a serious crime.
This guide will give you all the information you need about your firearms rights. Contact us if you have questions.
Dismissal does not remove a conviction from your DMV record or shorten the time that a DUI is kept on your DMV record.
If your license has been suspended or revoked because of a conviction, dismissal of that conviction does NOT change anything. The conviction will still count as a prior conviction in any future case.
See this helpful guide from Root & Rebound about license suspensions and revocations.
How the Process Works
First, you will fill out an eligibility form and register online. Then, you must ensure that TAP has a copy of your RAP sheet.
For guidance on registration and obtaining your RAP sheet, please contact the TAP team or your college's Program Coordinator.
Then, pro bono volunteers (lawyers at major law firms around the state working for you at no cost) will review your RAP sheet to see what convictions can be reduced or expunged. They will prepare all the forms that you will need to file with the court. If there are no eligible convictions, we will contact you to discuss your situation.
Most applicants will need to support their petition with evidence, called a “declaration.” The declaration consists of a personal statement along with supporting letters of reference and documents such as transcripts and certificates. We will let you know whether you will need to write a personal statement and gather supporting materials. Trained volunteers will be available to assist you. For more information, see the Declarations page.
Once your petitions are complete, we will contact you to review your convictions and the available remedies, and we will go over your petitions. Once you sign off, The Access Project will file them with the appropriate court on your behalf.
Some courts schedule a hearing for clean slate cases; others decide them based on the paperwork we submit. If you have a hearing, we can assist you with preparation, but you will need to attend the hearing yourself. For courts in large cities or which hold Zoom hearings, we may be able to assign a volunteer to represent you at the hearing.
TAP offers its services through a “limited scope representation” program. We offer advice and prepare documents for you, but we will be filing your documents “in pro per,” which means that you will be representing yourself in court if there is a hearing in your case. Please remember, though, that we are always available to give you step-by-step support in representing yourself and are here to answer questions that may come up.
It takes a several months for us to receive and analyze all the legal records, help everyone prepare their declarations, and file thousands of pages of legal documents with the court.
For information on your specific program dates, please review the timeline.
All costs for reviewing your record and preparing petitions will be covered by The Access Project.
For support on costs associated with obtaining your RAP sheet, please contact your college's Rising Scholars Program Coordinator.
If your mailing address changes, contact us immediately at 415-218-3224 or Info@AccessProjectCA.org
Court mail is sent to your mailing address, so it's important that this is correct! Please check in with us to see if we have the right info in our records. We can also verify your phone number and email.
After Your Petition is Filed
The court should send you “file-stamped” copies either in the mail or by email.
A hearing date may be listed. This sample shows where you will see it. If a hearing date is listed, let us know immediately by calling or texting us at 415-218-3224 or emailing Info@AccessProjectCA.org. We will help you prepare. In some cases we may be able to assign a volunteer to represent you at the hearing.
This filing does NOT mean your petition has been granted or denied. The case is now in the court’s hands, and it is YOUR responsibility to stay updated. Contact us when you hear any updates.
Court mail is sent to your mailing address, so it's important that this is correct! Please check in with us to see if we have the right info in our records. We can also verify your phone number and email.
If no hearing date is listed, the process depends on the court. You may get a separate notice of hearing later. If a court date is assigned later, please let us know immediately by calling or texting us at 415-218-3224 or emailing Info@AccessProjectCA.org. We will help you prepare.
In other courts, the petitions may remain submitted until the court gets around to considering them. For some courts that’s right away, for others it may be a few months.
You will get an order, again in the mail or by email, letting you know the outcome. Please let us know as soon as you receive an order. If the petition is rejected, we can help you decide whether to appeal or refile later.
Yes, you may call the courthouse to let them know that your petition was filed and to speak with a clerk in the criminal division. The clerk's contact information is available on the court's website. You can find the website by using this directory.
If you need help contacting the court, we can support you - call 415-218-3224 or email Info@AccessProjectCA.org
The Hearing
First, let us know right away by calling or texting us at 415-218-3224 or emailing Info@AccessProjectCA.org. We will help you prepare.
Well before your hearing, review this step-by-step guide to preparing for your hearing.
It is important that you attend the hearing. Some judges will automatically reject your petition if you are not there. Even for those that don’t, your presence makes a big difference because it shows that you are taking the process seriously and the outcome is important to you.
If you have a conflict that you absolutely cannot change, please call or text us at 415-218-3224 or email Info@AccessProjectCA.org so that we can help you make a plan.
Potential Outcomes
This is great news, and means the judge has granted your petition, and the dismissal or reduction will reflect on your record/court documents. See "Criminal Records and Employment" below for more information on what your success means for employment applications, licensing, and more.
If you get an order in the mail that says your filing was rejected or your petition was denied, let us know right away by calling or texting us at 415-218-3224 or emailing Info@AccessProjectCA.org. It helps if you take a picture of whatever the court sent you. If the filing was rejected, we can correct any errors and refile it.
Usually, if the court denies the petition, we recommend waiting for a year before refiling, but there are exceptions. We can help you decide whether to appeal, refile right away, or wait to refile next year.
It takes some time for the court to report your dismissal to the DOJ. But once the court grants your dismissal you are entitled to all the benefits of expungement. You should keep a copy of your dismissal order on hand so that you can show it to prove your dismissal was granted and the case can't be considered for a background check.
When you are applying for jobs, the Fair Chance Act, allows you to contest a withdrawal of a job offer because of a background check. See this guide for more information.
It takes some time for the court to report your dismissal to the DOJ. But once the court grants your dismissal you are entitled to all the benefits of expungement. You should keep a copy of your dismissal order on hand so that you can show it to prove your dismissal was granted and the case can't be considered for a background check.
When you are applying for jobs, the Fair Chance Act, allows you to contest a withdrawal of a job offer because of a background check. See this guide for more information.
Dismissal does not remove a conviction from your DMV record or shorten the time that a DUI is kept on your DMV record.
If your license has been suspended or revoked because of a conviction, dismissal of that conviction does NOT change anything. The conviction will still count as a prior conviction in any future case.
See this helpful guide from Root & Rebound about license suspensions and revocations.
Criminal Records and Employment
Private employers are not permitted to ask about your record until they have made you a conditional offer of employment. If you are applying for a job, please be sure to review this fact sheet so that you understand your rights.
This guide will give you on the latest facts on licensing laws in California as well as contact information for organizations that can help you with specific questions.
It takes some time for the court to report your dismissal to the DOJ. But once the court grants your dismissal you are entitled to all the benefits of expungement. You should keep a copy of your dismissal order on hand so that you can show it to prove your dismissal was granted and the case can't be considered for a background check.
If you are applying for a job where a fingerprint-based background check is allowed (for example, at a school or in healthcare), your expunged convictions will appear on your background check results, but will show as "dismissed." In most instances, the employer is not permitted to take dismissed convictions into account.
When you are applying for jobs, the Fair Chance Act, allows you to contest a withdrawal of a job offer because of a background check. See this guide for more information.
The California Civil Rights Department has created an interactive guide that can help answer your specific questions. Click here to access it now!
Want to Learn More?
Contact these legal services organizations if you need help after you've completed our program:
Regional Legal Services:
Northern California Legal Services serving Amador, Butte, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Solano, Tehama, and Yolo Counties
Bay Area Legal Aid serving San Francisco, Alameda, Contra Costa, San Mateo and Santa Clara Counties
East Bay Community Law Center serving Alameda and Contra Costa Counties
Community Legal Services in East Palo Alto serving East Palo Alto and neighboring communities
Central California Legal Services serving Fresno, Merced and Tulare Counties
California Rural Legal Assistance serving Fresno, King, Monterey, Madera, San Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Sonoma, Stanislaus, and Yuba Counties
Neighborhood Legal Services of Los Angeles serving Los Angeles County
Legal Aid Foundation of Los Angeles serving Los Angeles County
Community Legal SoCal serving Orange County
Legal Aid Society of San Diego serving San Diego County
If you need help, please schedule an appointment for office hours.