Expungement Attorney in Berkeley, California – Berkeley 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 Berkeley, 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:

• Drug possession and other drug related crimes
• Marijuana possession
• Domestic violence
• Theft
• Burglary
• Robbery
• DUI, DWI, driving under the influence of alcohol or drugs
• Prostitution & Sex Crimes
• Indecent exposure
• Stolen property offenses, petty theft, shoplifting
• Assault, assault with a deadly weapon, battery
• And much more... Please call 1-888-754-9877 to find out if you qualify.

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:

• Misdemeanor Expungement

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.

• Felony Expungement

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.

• Early Probation Termination

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.

• Reducing Your Felony to a Misdemeanor

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.

• Record Sealing

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 Berkeley, 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 Berkeley

Berkeley is a city on the east shore of the San Francisco Bay in Northern California—in northern Alameda County. It is bordered on the south by the cities of Oakland and Emeryville, and on the north by the city of Albany and the unincorporated community of Kensington. The eastern city limit coincides with the Contra Costa County (border), which generally follows the ridge line of the Berkeley Hills. The population was 112,580 at the 2010 census. The city is named after Bishop George Berkeley.

Berkeley is the site of the University of California, Berkeley, the oldest of the University of California system, and the Lawrence Berkeley National Laboratory. It is also home to the Graduate Theological Union. The city is noted as one of the most politically liberal in the nation.

The site of today's City of Berkeley was the territory of the Chochenyo/Huchiun band of the Ohlone people when the first Europeans arrived.[7] Evidence of their existence in the area include pits in rock formations, which they used to grind acorns, and a shellmound, now mostly leveled and covered up, along the shoreline of San Francisco Bay at the mouth of Strawberry Creek. Other artifacts were discovered in the 1950s in the downtown area during remodeling of a commercial building, near the upper course of the creek.

The first people of European descent (most of whom were born in America, and many of whom were of mixed ancestry) arrived with the De Anza Expedition in 1776.[8] Today, this is noted by signage on Interstate 80, which runs along the San Francisco Bay shoreline of Berkeley. The De Anza Expedition led to establishment of the Spanish Presidio of San Francisco at the entrance to San Francisco Bay (the Golden Gate), which is due west of Berkeley. Luis Peralta was among the soldiers at the Presidio. For his services to the King of Spain, he was granted a vast stretch of land on the east shore of San Francisco Bay (the contra costa, "opposite shore") for a ranch, including that portion that now comprises the City of Berkeley.