A large component of a client's defense for any criminal trial involves working to ensure the jury who will be hearing the evidence, and making a decision about the guilt or innocence of the defendant, is as fair as possible. During jury selection, a criminal defense attorney is primarily focused on selecting jurors who are impartial, fair-minded, and potentially sympathetic to their client's case. This process, crucial for shaping the outcome of a trial, involves several key objectives and considerations.

Firstly, the attorney seeks jurors who demonstrate a willingness to carefully consider the evidence presented in court rather than making snap judgments. This involves questioning potential jurors about their ability to set aside any biases or preconceived notions they may have about the case, the charges, the defendant, or the legal system itself.
Secondly, the defense attorney looks for jurors who have had experiences or backgrounds that may make them more receptive to the defense's arguments. For example, if the case involves a complex legal issue or a specific cultural context, the attorney may seek jurors who have relevant expertise or life experiences that could influence their perspective favorably towards the defense.

Moreover, the attorney aims to identify jurors who are independent thinkers and are less likely to be swayed by public opinion, media coverage, or the opinions of fellow jurors. This independence is crucial in ensuring that each juror contributes to a thoughtful and unbiased deliberation process.

The attorney assesses jurors' demeanor, body language, and responses to questions to gauge their overall demeanor and potential biases. Non-verbal cues such as facial expressions, eye contact, and gestures can provide valuable insights into a juror's attitudes and feelings, which may not be fully captured by their verbal responses alone.
Furthermore, the attorney considers the composition of the jury as a whole, aiming to select a diverse group that represents a cross-section of the community where the trial is taking place. Diversity in terms of age, gender, race, ethnicity, socioeconomic background, and profession can enrich the jury's deliberations and potentially provide different perspectives that benefit the defense.

Lastly, the defense attorney strategically uses peremptory challenges and challenges for cause to exclude jurors who may be biased against their client or who demonstrate an inability to be fair and impartial. Peremptory challenges allow attorneys to dismiss a limited number of jurors without stating a reason, whereas challenges for cause require demonstrating a specific bias or legal disqualification.
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In summary, jury selection is a critical stage in a criminal trial where the defense attorney carefully evaluates potential jurors to identify those who are most likely to approach the case with an open mind, consider the evidence objectively, and potentially sympathize with the defense's position. By selecting a fair and impartial jury, the defense attorney seeks to ensure a fair trial and maximize the chances of a favorable outcome for their client.

Under Penal Code 851.87, individuals in California have the opportunity to seal records related to an arrest that did not result in a conviction. This process is crucial for those seeking to mitigate the negative consequences of an arrest record on their employment, housing, and personal life. Here’s a detailed summary of how sealing the record of an arrest works under Penal Code 851.87:
Eligibility Criteria:
To qualify for record sealing under Penal Code 851.87, individuals must meet specific eligibility criteria:

1. No Conviction: The arrest must not have resulted in a conviction for any offense, including a conviction through diversion, deferred entry of judgment, or similar programs.
   
2. Dismissal or Acquittal: The case must have been dismissed by the court, or the individual must have been acquitted of all charges related to the arrest.
   
3. Waiting Period: There is a waiting period before eligibility for record sealing. This period typically ranges from one to three years from the date of the arrest, depending on the circumstances of the case.
   

Process for Record Sealing:
The process for sealing the record of an arrest under Penal Code 851.87 involves several steps:

1. Petition Filing: The individual must file a petition with the court requesting the sealing of their arrest records. The petition should include relevant information, such as details of the arrest, case number, and reasons for seeking record sealing.
   
2. Court Hearing: In some cases, a court hearing may be scheduled to review the petition and hear arguments from both the petitioner and the prosecution. The court considers factors such as the individual’s rehabilitation efforts and the impact of the arrest record on their life.
   
3. Court Decision: If the court grants the petition, it will issue an order to seal the arrest records. This order directs law enforcement agencies, courts, and other relevant entities to seal and, in some cases, destroy the records related to the arrest.
   
4. Notification: Once the records are sealed, the individual is typically notified of the court’s decision. Law enforcement agencies and other entities are also notified to ensure compliance with the sealing order.
   

Benefits of Record Sealing:
Sealing the record of an arrest under Penal Code 851.87 offers several significant benefits:

1. Employment Opportunities: Many employers conduct background checks as part of their hiring process. Sealing an arrest record can improve employment prospects by removing barriers related to past arrests that did not lead to convictions.
   
2. Housing and Rental Applications: Landlords and property managers often perform background checks on prospective tenants. Sealing arrest records can enhance chances of securing housing by mitigating concerns about previous interactions with law enforcement.
   
3. Peace of Mind: Individuals whose arrest records are sealed can move forward with their lives without the stigma and negative consequences associated with a public record of arrest.
   

Limitations and Considerations:
While sealing the record of an arrest can provide significant benefits, it’s important to consider limitations and factors that may affect eligibility or the outcome of a petition:

1. Eligibility Requirements: Individuals must meet specific criteria regarding the outcome of their case and the waiting period before filing a petition for record sealing.
   
2. Court Discretion: The decision to grant or deny a petition for record sealing is at the discretion of the court. Factors such as the nature of the arrest, the individual’s criminal history, and their rehabilitation efforts may influence the court’s decision.
   
3. Effectiveness of Sealing: While arrest records are sealed from public view, there are exceptions. Certain government agencies, such as law enforcement and licensing boards, may still have access to sealed records for specific purposes.
   

Conclusion:
Sealing the record of an arrest under Penal Code 851.87 provides a valuable opportunity for individuals in California to mitigate the impact of an arrest that did not result in a conviction on their future opportunities and quality of life. By understanding the eligibility criteria, following the appropriate legal procedures, and seeking guidance from legal professionals when necessary, individuals can navigate the process effectively and pursue the benefits of record sealing to secure a fresh start and move forward with confidence



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Having one's arrest record sealed after a conviction has become increasingly important for individuals seeking to move forward with their lives after completing their sentences, or . Senate Bill 731 (SB 731), also known as the "Clean Slate Act," was signed into law in 2022 to expand opportunities for Californians to seal certain criminal records automatically. Here’s a comprehensive overview of the process for sealing criminal records in California under SB 731:
Understanding SB 731 and its Impact
SB 731 represents a significant step toward criminal justice reform in California by allowing individuals with certain low-level offenses to have their records sealed automatically, without the need for a petition. This legislation aims to reduce barriers to employment, housing, and education that are often faced by individuals with past criminal convictions, even after they have completed their sentences and demonstrated rehabilitation.
Eligibility Criteria
To qualify for automatic record sealing under SB 731, individuals must meet specific eligibility criteria:

1. Completed Sentence: The individual must have completed their sentence for the conviction, including any probation or parole.
2. No New Convictions: They must not have been convicted of any new offenses since their qualifying conviction. This includes both misdemeanor and felony offenses.
3. Eligible Offenses: SB 731 primarily targets low-level offenses, including certain misdemeanors and non-violent felonies. Offenses that involve violence, sex crimes, or serious felonies generally do not qualify for automatic sealing under this law.
4. Waiting Period: There is a waiting period after completion of the sentence before records can be sealed. For misdemeanors, the waiting period is generally two years from the date of conviction or release from custody, whichever is later. For felonies, the waiting period is generally five years.

Automatic Record Sealing Process
Under SB 731, the process for automatic record sealing is designed to be straightforward:

1. Identification of Eligible Cases: The California Department of Justice (DOJ) identifies cases that meet the criteria for automatic record sealing based on records in its database.
2. Notification to Courts: The DOJ notifies the courts where the convictions occurred of individuals who are eligible for record sealing under SB 731.
3. Court Review: The court reviews the identified cases and orders the records to be sealed if the individual meets all eligibility requirements. This process typically occurs without the individual needing to appear in court or file a petition.
4. Sealing of Records: Once the court orders the records sealed, the Department of Justice and other relevant agencies are notified to update their records accordingly. Sealed records are generally not accessible to the public and are treated as if they never existed, with exceptions for law enforcement and certain licensing purposes.

Benefits of Record Sealing
Sealing criminal records under SB 731 offers several benefits to individuals who qualify:

1. Improved Employment Opportunities: Many employers conduct background checks, and having a sealed record can enhance job prospects by removing barriers to employment.
2. Access to Housing: Landlords often perform background checks on prospective tenants. Sealing a criminal record can improve access to housing by mitigating concerns related to past convictions.
3. Education and Licensing: Some educational institutions and licensing boards may consider criminal history when admitting students or granting licenses. Sealing records can facilitate access to educational opportunities and professional licenses.
4. Peace of Mind: Individuals with sealed records can move forward with their lives without the stigma and limitations often associated with past criminal convictions.

Exceptions and Limitations
While SB 731 provides significant relief for many individuals with qualifying convictions, it's important to note some exceptions and limitations:

1. Excluded Offenses: Certain serious offenses, including violent felonies, sex crimes requiring registration, and other specified crimes, are not eligible for automatic record sealing under SB 731.
2. Pending Charges: Individuals with pending criminal charges or ongoing criminal cases are generally not eligible for automatic record sealing until those cases are resolved.
3. Impact of Sealed Records: While sealed records are generally not accessible to the public, there are exceptions. Law enforcement agencies and certain licensing boards may still have access to sealed records for specific purposes.

Process for Challenging Ineligibility
If an individual believes they are eligible for record sealing under SB 731 but their case was not identified or approved for sealing, they may have options to challenge the decision:

1. Consultation with Legal Counsel: Seeking advice from a qualified attorney who specializes in criminal record sealing can provide guidance on the eligibility criteria and options for challenging a denial.
2. Petition for Record Sealing: Individuals who do not qualify for automatic sealing under SB 731 may still petition the court for record sealing if they meet alternative eligibility criteria or if there are compelling reasons to seal their records.
3. Appeals Process: In cases where a petition for record sealing is denied, individuals may have the right to appeal the decision through the appropriate legal channels.

Conclusion
Senate Bill 731 represents a significant advancement in California's efforts to provide second chances and opportunities for individuals with past criminal convictions. By allowing for automatic record sealing of certain low-level offenses, SB 731 aims to promote rehabilitation, reduce recidivism, and enhance opportunities for employment, housing, and education. Understanding the eligibility criteria, the process for automatic record sealing, and potential exceptions is crucial for individuals seeking to take advantage of the benefits provided under this landmark legislation. For those navigating the complexities of record sealing in California, seeking guidance from legal professionals can help ensure that their rights are protected and that they receive the support needed to move forward with their lives.