Expungement Attorney in Mill Valley, California – Mill Valley 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 Mill Valley, 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 Mill Valley, 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 Mill ValleyMill Valley is a city in Marin County, California, United States located about 14 miles (23 km) north of San Francisco via the Golden Gate Bridge. The population was 13,903 at the 2010 census. Mill Valley is located on the western and northern shores of Richardson Bay. Beyond the flat coastal area and marshlands, it occupies narrow wooded canyons, mostly of second-growth redwoods, on the southern slopes of Mount Tamalpais. The Mill Valley 94941 ZIP code also includes the following adjacent unincorporated communities: Almonte, Alto, Homestead Valley, Strawberry and Tamalpais Valley. The Muir Woods National Monument is also located just outside the city limits. The Mill Valley 94941 area lies between Mt. Tamalpais on the west, the city of Tiburon on the east,the City of Corte Madera on the north, and the Golden Gate National Recreational Area (GGNRA) on the south. Two streams flow from the slopes of Mt. Tamalpais through Mill Valley to the bay: the Arroyo Corte Madera del Presidio; and Cascade Creek. Mill Valley is surrounded by hundreds of acres (hectares) of state, federal, and county park lands. In addition, there are many municipally maintained open-space reserves, parks, and coastal habitats which, when taken together, ensconce Mill Valley in a natural wilderness. This close and constant proximity to nature has left generations of Mill Valley residents with a strong sense of conservancy toward much of this natural environment. This unique cultural attitude, along with the many natural public spaces preserved within and around its borders, combine to form one of the main cultural cornerstones that has always defined Mill Valley. Mill Valley has a mild Mediterranean climate which results in relatively wet winters and very dry summers. Winter lows rarely drop below freezing and summer highs rarely peak 90 °F (32 °C) with 90% of the annual rain falling in November through March. Wind speeds average lower than national averages in winter months and higher in summer, and often become quite gusty in the canyon regions of town. California coastal fog often affects Mill Valley, making relative humidity highly variable. The wetter winter months tend to make for a more consistent daily relative humidity around 70-90% (slightly higher than US averages). During the summer months, however, while the morning fog often keeps morning humidity normal, in a typical 70-80% range, by afternoon after the fog burns off, the humidity regularly plummets to around 30% as one would expect in this dry seasonal climate. Sunlight, as with many northwest coastal cities is low, with usually around 130 clear days a year. Marin county is the 4th least sunny place in the United States, after Cleveland, Seattle and Unalaska, Alaska. The combination of Mill Valley's idyllic location nestled beneath Mount Tamalpais coupled with its ease of access to nearby San Francisco has made it a popular home for many high-income commuters. Over the last 20 years, following a trend that is endemic throughout the Bay Area, home prices have climbed in Mill Valley (the median price for a single-family home is in excess of $1.5 million as of 2005), which has had the effect of pushing out some earlier residents who can no longer afford to live in the area. This trend has also transformed Mill Valley's commercial activity, with nationally recognized music store Village Music having closed, then replaced in 2008 by more commercial establishments. Mill Valley maintains many recreational parks which often contain playgrounds and other designated areas specifically designed for playing various sports. Dogs are required to be on leashes in all but one of these parks, which is specifically designated a dog park to allow the option of off-leash exercise. more ...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 |