You were convicted of a felony or misdemeanor and you need to get off probation early and clear your record.
A skilled criminal defense lawyer will file for post conviction relief to clean up your record or help you terminate your probation early so you can apply for an expungement.
EXPUNGEMENT OF CRIMINAL RECORD
A person convicted of a felony or misdemeanor who was given probation and successfully completed the terms of their probation can petition the court to dismiss the case against and expunge the record (CPC § 1203.4) Our law firm takes care of all the paperwork involved and argues on your behalf at a hearing if the district attorney opposes the expungement.
EARLY TERMINATION OF PROBATION
If you are currently on probation, but need to get off probation to land a new job, enter the military, or apply for a professional license, we can help you file for early termination of probation. (CPC § 1203.3) This involves obtaining a mitigation packet from you explains to the judge exactly why you deserve to be let off probation. The mitigation packet might include letters of support, proof that you have taken remedial measures, and proof that you have complied with and completed all conditions of probation. Typically we draft a brief to the court with exhibits, attend the hearing and advocate your position to the judge.
REDUCTION OF FELONY TO MISDEMEANOR
If you have a felony conviction for a crime that could have been charged as a misdemeanor (also referred to as a “wobbler”), you can petition the court to have the crime declared a misdemeanor for all purposes (CPC § 17(b).) This court action will result in substantial benefits because you’ll no longer be considered a felon. Benefits include: restoration of gun rights, the right to vote, the right to work for government agencies, and the ability to pass background checks and earn security clearances. We typically prepare a brief to the court with exhibits showing you have been law abiding since the conviction and no longer deserve to be treated as a felon. We attend the hearing and advocate for you.
SEAL ARREST RECORD
If you were arrested, but never charged or convicted, you may be able to seal the record of your arrest by filing for a judicial finding of factual innocence (CPC § 851.8.) This will result in the arrest record being first sealed and then eventually destroyed so that any and all records of it are obliterated. We typically file a written brief with exhibits explaining why you are eligible for this relief. We attend the hearing and present facts as evidence of your innocence.
CERTIFICATE OF REHABILITATION/GOVERNOR’S PARDON
If you were convicted of a felony and sent to prison, but since being released have led a law abiding and productive life, you may be eligible for a Certificate of Rehabilitation (CPC § 4852.01.) Many people seek this relief to show a potential employer they are no longer involved in criminal activity. Others file because they have truly changed and want judicial recognition of that. Filing this motion requires an extensive brief with extensive exhibits and arguments in court. Winning this hearing results in the Judge’s finding of rehabilitation and an automatic application for a governor’s pardon.
SEAL JUVENILE RECORDS
If your case was handled in juvenile court and you’ve successfully completed your juvenile probation or informal probation, you may be eligible to petition the court to permanently seal and destroy your juvenile records (WIC § 781.) Juvenile records are considered private and not available to the public, but they still exist. That means they can still be accessed by third parties several ways. For example, a party may petition the court to release your records as evidence in another case. Also, a potential employer could make hiring you contingent upon you signing a waiver for them to obtain your juvenile records. A petition to seal and destroy these records may solve this problem.