Can My Criminal Record Be "Cleaned"?
If you complied with all terms of probation, and with all court orders, the court must generally grant your request for record clearance under Penal Code § 1203.4. This is what is commonly known as an "expungement".
It's important to understand that an "expungement" does not actually erase the case from your criminal record. What happens is your plea of "not guilty" or "no contest" will be set aside, replaced with a plea of not guilty, and a dismissal will be entered under Penal Code § 1203.4.
But, if you did not comply with all terms of probation, and/or did not comply with all court orders, then the court has discretion to deny your "expungement" request. Representation from a dedicated attorney, with this type of request, is very important because it can really make the difference between your "expungement" being granted, or it being denied. If you want to "get rid" of your arrest record, you must get it sealed.
How Can I "Seal" My Arrest Record?
Sealing an arrest record can be done under Penal Code § 851.91. Sealing means that with very few, narrowly-defined exceptions, no one can discover your criminal record. Sealing your arrest record means that the public will not find your arrest on a background check. So, sealing your arrest record may have the potential to help you get a job, get into certain schools, obtain security clearance, get into the military, and obtain professional certifications.
Do Veterans And Active Duty Military Have Special Rights When It Comes To Their Criminal Record?
Yes. United States Military veterans and active duty military may qualify for resentencing of their felony conviction suffered prior to January 1, 2015, if certain specific requirements are met.
Can I Get Felony Reduced To A Misdemeanor?
Certain felonies are what are called "wobblers". This means they can be either a felony or a misdemeanor. These felonies may be eligible for reduction under Penal Code § 17. Whether this request will be granted is a matter of the discretion of the court. This is why it's critical to have an attorney represent you; to put your best foot forward and have the best chance of getting the court to grant your request.
Can I Get My Criminal Conviction Vacated?
Vacating a conviction is possible under Penal Code § 1473, if a defendant was not given the proper immigration warnings, or if there is newly discovered evidence of factual innocence. This law became effective on January 1, 2017. This law is especially useful for people whose criminal convictions have caused an actual or potential problem with their immigration case.
Can I Get My Guilty Plea Vacated?
A "guilty" or "no contest" plea can be vacated under Penal Code § 1016.5. if three specific immigration consequences were not given to the defendant before the court accepted a "guilty" or "no contest" plea.
What Can I Do To Fix My Criminal Record?
All of your unique facts and circumstances must be carefully analyzed in order to make an intelligent assessment of the best post-conviction relief for you to possibly pursue at this particular time.
Do You Offer Free Consultations To Talk About Trying To Fix My Criminal Record?
My time is valuable and so is yours. So, if you need to talk about getting help about your criminal record, there is a charge to consult with me in person or by phone. .
Consultations on post-conviction relief cases are $225 for a maximum 30 minute phone consultation with me, Attorney Renée Yvonne Gardner.
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