Expungement Attorney in California – Experienced Lawyers Expunging Your Record If you have a criminal record, chances are that you have experienced the frustration of being refused certain employment, having had your rental application denied or been turned down by the school you hoped to attend. It is difficult for anyone with a criminal record, and especially someone with a felony conviction, to be fully reintegrated into society and to enjoy the same opportunities available to most everyone else. An expungement provides a second chance for those individuals who have completed their probation and not served any state prison time. The expungement process can be difficult and exasperating in some cases and it may often take reasoned arguments by an experienced expungement lawyer along with supporting documentation to get you the relief you want. Our expert expungement attorneys have the real life experience you will need to have your conviction set aside and your records cleared or made inaccessible to the general public. Do it right the first time and you will save valuable time and money and have the satisfaction of once again having a chance for a brighter future. There are other options available to you for post-conviction relief that an attorney from the Expungement Law Group can advise you on if applicable to your case including record sealing, early termination of probation, reduction of a felony to a misdemeanor, obtaining a Certificate of Rehabilitation and Governor’s Pardon along with expungement. Expunging Your Conviction Expungement in California does not mean the destruction of your records since law enforcement and the courts will retain these records to be used under certain circumstances. It does, though, enable the court to reopen your case and dismiss your conviction provided certain conditions have been met. Our attorneys will retrieve your records containing your conviction, sentencing and release from probation dates before filing a 1203. 4 or 1203.4a Petition with the court where your plea or conviction was obtained. All applicable documents are filed and served on the court, district attorney and probation department. A hearing date is set. If there is no opposition, then no court appearance is generally required. Some infraction, misdemeanor, felony offenses can be expunged including:
Post-Conviction Relief There are a number of post-conviction options available to you that can enable you to have a second chance and enjoy the opportunities denied you because of your criminal record. These include the following:
Infractions, misdemeanors and felonies can be expunged provided you only received probation and did not serve any state prison time. Also, your offense cannot have involved a sexual crime involving a minor. In some cases, even if you violated your probation, you may still be able to receive an expungement order. An expungement effectively dismisses your conviction and allows you to lawfully state under oath on most employment, rental housing and school applications that you have never been convicted of a crime.
As indicated, a felony can be expunged so long as you did not serve any state prison time and you have completed all the terms and provisions of your probation. If you did serve time in state prison, your other option is a Certificate of Rehabilitation. You may have to wait at least 7 years before applying but you are automatically eligible for a Governor’s Pardon and it does allow you to now apply for state and vocational licenses for which you were previously prohibited.
Many probation periods are 3 or 5 years. Regardless of how long, though, after you have successfully served at least half of it, you may apply for early termination. An expungement lawyer from our office can prepare your request and obtain letters of support or evidence of rehabilitation along with a statement as to why you should be granted early termination. Once it is granted, we can begin the expungement process.
In many instances, a felony can be later reduced to a misdemeanor pursuant to Penal Code Section 17(B). This would include those offenses considered “wobblers” wherein the district attorney has the discretion to charge you with either a felony or misdemeanor. Reducing your conviction to a misdemeanor restores your right to possess and own firearms for example and can eliminate potential immigration problems. It can also ease and expedite the expungement process. An expungement attorney from our office can offer this service to you as part of our representation.
Another form of post-conviction relief pertains to sealing your arrest records or juvenile and drug diversion records. Arrest records may be sealed provided charges were either dismissed or you were never prosecuted. Under California Penal Code Section 858.1, your arrest records may be sealed and not publicly accessible but only if a court determines that no reasonable cause exists to believe that you committed the offense for which you were charged. Prosecutors have discretion whether to charge you though there may be evidence that seemingly appears sufficient to link you to the crime. If a judge feels that there was probable or “reasonable” cause to believe you committed the crime regardless if you were charged, then your arrest records may not be sealed. An expungement attorney from the Expungement Law Group will review the facts of your arrest and advise you whether they meet the standard for sealing. Juvenile records are often not available to the general public but it is worthwhile to have them sealed nonetheless to avoid any potential problems you may encounter as an adult. You must be at least 18 years old, or the juvenile court’s jurisdiction ended at least 5 years earlier, did not commit any crimes involving moral turpitude and have no pending criminal charges, and you present evidence of rehabilitation. Drug diversion is available usually for first time offenders charged with possession. Once you successfully complete all terms and conditions in the diversion program, you can petition the court to have your arrest and other records sealed. Contact Us to Get Started An expungement lawyer from our office is available to discuss your case at no charge for an initial consultation. You can call us to discuss your case or schedule an appointment where we can determine which form of post-conviction relief may be available to you. Once you retain us, we will work quickly and diligently to get your documents filed and served and to get your life back on track towards a better future for you and your family. About California California is a state located on the West Coast of the United States. It is the most populous U.S. state, home to 1 out of 8 Americans, and is the third largest state by area (after Alaska and Texas). It is home to the nation's second and fifth most populous census statistical areas (Greater Los Angeles area and San Francisco Bay Area, respectively), and eight of the nation's 50 most populated cities (Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, and Oakland). The capital city is Sacramento. California is bordered by Oregon to the north, Nevada to the east, Arizona to the southeast, and Baja California, a state of Mexico, to the south. California's diverse geography ranges from the Pacific Coast in the west, to the Sierra Nevada in the east – from the Redwood–Douglas-fir forests of the northwest, to the Mojave Desert areas in the southeast. The center of the state is dominated by the Central 3, a major agricultural area. California contains both the highest and lowest points in the contiguous United States (Mount Whitney and Death Valley), and has the 3rd longest coastline of all states (after Alaska and Florida). Earthquakes are a common occurrence due to the state's location along the Pacific Ring of Fire: about 37,000 are recorded annually. The name California once referred to a large area of North America claimed by Spain that included much of the modern-day Southwestern United States and the Baja California peninsula. Beginning in the late 18th century, the area known as Alta California, comprising the California territory north of the Baja Peninsula, was colonized by the Spanish Empire as part of New Spain. In 1821, Alta California became a part of Mexico following its successful war for independence. Shortly after the beginning of the Mexican-American War in 1846, a group of American settlers in Sonoma declared an independent California Republic in Alta California. Though its existence was short-lived, its flag became the precursor for California's current state flag. American victory in the war led to the Treaty of Guadalupe Hidalgo, in which Mexico ceded Alta California to the United States. Western areas of Alta California became the state of California, which was admitted as the 31st state on September 9, 1850. The California Gold Rush beginning in 1848 led to dramatic social and demographic change, with large scale immigration from the U.S. and abroad and an accompanying economic boom. Key developments in the early 20th century included the emergence of Los Angeles as the center of the American entertainment industry, and the growth of a large, state-wide tourism sector. The late 20th century saw the development of the technology and information sectors, punctuated by the growth of Silicon Valley (part of the San Francisco Bay Area). California's prosperous agricultural industry also emerged; at least half of the fresh fruit produced in the United States are now cultivated in California, and the state also leads in the production of vegetables. Other important contributors to its economy include aerospace, education, and manufacturing. If California were a country, as of 2012 it would have been the 9th largest economy in the world and the 34th most populous nation. Settled by successive waves of arrivals during the last 10,000 years, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. Various estimates of the native population range from 100,000 to 300,000, which was about one-third of all native Americans in what is now the United States. The Indigenous peoples of California included more than 70 distinct groups of Native Americans, ranging from large, settled populations living on the coast to groups in the interior. California groups also were diverse in their political organization with bands, tribes, villages, and on the resource-rich coasts, large chiefdoms, such as the Chumash, Pomo and Salinan. Trade, intermarriage and military alliances fostered many social and economic relationships among the diverse groups. Attorney Daniel J King Education: UC Berkeley UndergraduateSouthwestern University School of Law $100,000,000+ Discharged
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20
Years Experience
9,800+
Happy Ch 7 Clients
Daniel J King, Esq.
Managing Attorney / Owner
36 Locations
In California
$100+ Million
Discharged
800+ 5 Stars
Combined Reviews
Phone
Start your case by phone
MISDEMEANOR
Expungement
FELONY
Expungement
INFRACTION
Expungement
DUI
Expungement
UC BERKELEY
Undergraduate
SOUTHWESTERN
Law School
AFFORDABLE
Payment Plans |
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Attorney Daniel J King
Education: UC Berkeley Undergraduate$100,000,000+
Discharged
20 | 9,800+ |
Years Experience | Happy Ch 7 Clients |