declaration of [client name]

I, [Name], declare as follows:

I believe the following facts justify my petition for expungement:

[BRIEFLY mention the conviction(s). Mention your current age if convictions occurred at a much younger age. If it is not cumbersome, mention each one. If it becomes more than a few lines, summarize the conviction history.]

I have not engaged in any criminal behavior since ____date____. [If applicable, add a sentence that summarizes client’s “turnaround” such as sobriety, therapy, becoming responsible, etc.]

I take full responsibility for the conduct leading to my conviction(s). [Add a sentence that summarizes why client was convicted—addiction, irresponsibility, bad choices, etc.]

[The following section describes the convictions—keep it brief. Decide which is better: describing specific events, or the general pattern. Avoid descriptions where it appears the client doesn’t take responsibility—even if they were not at fault, asserting that will not help them get expungement.]

[Circumstances surrounding the conviction(s). If you can do it succinctly, describe the incidents for each; if not, summarize the general pattern. If the client’s description brings up issues of factual innocence or other problems of responsibility, work around—being more vague can help here. Keep in mind the difference between “all the facts,” and “useful facts.” If all else fails, skip this description.)

The turning point in my life came around ___date/year/event___, when ___realized needed help, saw this couldn’t continue, understood the true consequences of my acts...etc.___. [Or, if conviction was isolated incident, something more applicable to that—e.g., “After this conviction, I realized that __was on a bad path/this couldn’t happen again/let myself be put in a bad place, etc.___.”]

[The following section describes life after the convictions—pick facts that will help show the judge the client’s current good character. Skip paragraphs that are unnecessary or inapplicable]

[BRIEFLY generally describe current life - Whom client lives with, family, etc. Important things to look for: reconnecting with family/kids, supportive environment for sobriety/law-abiding, stability & strength in relationships w/ people.]

[Describe employment and/or schooling since convictions. Mention any barriers to these posed by convictions, and any steps client has taken to overcome them.]

[Describe any involvement with the community since your conviction(s). When describing community involvement, talk about your role in activities, why you are involved, etc.]

[Describe steps you’ve made to atone for convictions—restitution, mentoring others, working to make payments on outstanding debts, etc.]

[The following section describes the need for the expungement—the burdens on petitioner of the conviction history.]

[Motivation for filing a petition for expungement. Describe tangible ways that the convictions have prevented petitioner from moving forward—schooling, employment, family, volunteering, kids, etc. The more specific the better, but if specifics aren’t there then generalities are fine.]

Although sometimes [I am overwhelmed by shame and regret for any harm I have caused]/[I regret the mistake(s) I made], I have worked very hard for the past ___#___ years to become a law-abiding and respectable person. I will continue to make sure that I do not repeat the same mistakes in the future.

[Remove any portion that is inapplicable.] The granting of this petition will enable me to pursue my career goals, move on as a self-supporting _mother/father/parent_ and productive citizen in my community, and will allow me to improve my financial security and improve the standard of living for my children and family.

I declare under penalty of perjury of the laws of the State of California that the above is true and correct to the best of my knowledge.

Executed on [date] at [City], California.

__________________________________

[Name], Defendant

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Declaration in Support of Petition Under P.C. §§ 1203.4, 1203.4a, and/or 17(b)(3)

Notice and Motion to Kick Your Ass Notice and Motion to Kick Your Ass Notice and Motion to Kick Your Ass Notice and Motion to Kick Your Ass

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CT Turney

2012-09-05