Expungement Attorney in Imperial Beach, California – Imperial Beach 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 Imperial Beach, 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 Imperial Beach, 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 Imperial BeachImperial Beach is a residential beach city in San Diego County, California, with a population of 26,324 at the 2010 census. The city is the most southern beach city in Southern California and the West Coast of the United States. It is in the South Bay area of San Diego County, 14.1 miles south of downtown San Diego and 5 miles northwest of downtown Tijuana, Mexico. Imperial Beach is located at 32°34′42″N 117°7′2″W (32.578255, -117.117111) making it the most southwesterly city in the continental United States. According to the United States Census Bureau, the city has a total area of 4.5 square miles (12 km2). 4.2 square miles (11 km2) of it is land and 0.3 square miles (0.78 km2) of it (7.22%) is water. The city occupies the extreme southwest corner of the continental United States: bordered by Tijuana, Mexico to the south, Coronado, California and the San Diego Bay to the north, San Diego to the east, and the Pacific Ocean to the west. Imperial Beach is located in San Diego County, the fifth most-populous county in the United States and part of the San Diego Metropolitan Area, the 17th largest metropolitan area in the United States with over 3 million people. It is also part of the San Diego – Tijuana metropolitan area, the largest bi-national metropolitan area shared between the United States and Mexico with over 5 million people. Despite the large population surrounding the city, Imperial Beach maintains a small residential feel. Founded in June 1887, the city takes its name from Imperial County, California, a desert climate 100 miles east. Farmers and landowners from the Imperial Valley came to the area in the late 1880s seeking cooler weather during summer months. In March 1887, over 2,000 laborers descended upon nearby Coronado, California to construct the Hotel del Coronado, the largest resort in the world at the time. A large amount of the workers stayed in Imperial Beach and some would later make it their permanent homestead. The city would incorporate in 1956, operating its own Mayor-council government providing city fire department service and policing by the San Diego County Sheriff's Department. The city has a Mediterranean climate with summer temperatures often in the upper 70s and winter temperatures in the 60s. Because of the comfortable year round temperatures many homes in Imperial Beach are built without air conditioning. Imperial Beach often remains 10 degrees cooler than inland areas of San Diego County in the summer, and 10 degrees warmer in the winter. The city is mostly or partly sunny 323 days of the year, with the wettest months in winter. The Farmer's Almanac consistently ranks the area within the Top 10 Best Weather Cities in America. The Scripps Institution of Oceanography operates a weather reporting station at the middle of the Imperial Beach Pier for sky condition, temperature, humidity, pressure, wind and water temperature data. 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 |