The easiest way to ensure the state criminal history records are corrected is to ask the clerk of the criminal court issuing the order vacating the record to do so.  The clerk will have submitted a record of the conviction to the state department of criminal identification, or its equivalent, when the original conviction occurred.  Now that the court has vacated the conviction, the clerk can submit a corrected form to the same state agency in the same matter.  Counsel can also do so independently.  To do so, first obtain a certified copy of the court order vacating the conviction, and submit it to the state department of justice or bureau of criminal identification,[2] together with a completed form if one is required, or a letter, requesting the correction.  Once the state agency has corrected its record, counsel can send the corrected state record to the FBI, which will then correct its record.  If counsel does not receive satisfaction from the state agency informally, the client may be entitled to a hearing to determine the truth of the matter.[3]

[2] E.g., California Department of Justice, Record Review Unit, P.O. Box 903417, Sacramento, CA 94203‑4170. 

[3] See, e.g., California Penal Code § 11126(c).

Ninth Circuit

POST CON RELIEF " STATE REHABILITATIVE RELIEF " NINTH CIRCUIT " STATE EXPUNGEMENTS WILL NO LONGER ELIMINATE IMMIGRATION CONSEQUENCES UNDER LUJAN FOR CONVICTIONS AFTER JUL. 14, 2011
Nunez-Reyes v. Holder, 646 F.3d 684, 690, 694, 2011 WL 2714159 (9th Cir. Jul.14, 2011) (en banc) (state rehabilitative relief for qualifying first controlled substances convictions will no longer eliminate immigration consequences for convictions entered after Jul.14, 2011: the constitutional guarantee of equal protection does not require treating, for immigration purposes, an expunged state conviction of a drug crime the same as a federal drug conviction that has been expunged under the FFOA. . . . For those aliens convicted before the publication date of this decision, Lujan"Armendariz applies. For those aliens convicted after the publication date of this decision, Lujan"Armendariz is overruled.); overruling Lujan-Armendariz v. INS, 222 F.3d 728, 743 n.24 (9th Cir. 2000) (constitutional guarantee of equal protection required Congress to treat expunged federal convictions and expunged state convictions the same way).