Expungement Attorney in Stockton, California – Stockton 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 Stockton, 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 Stockton, 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 StocktonStockton is a city in northern San Joaquin Valley and the county seat of San Joaquin County, California, United States. It is the fourth largest city in the state's Central Valley region. With a population of 300,000 at the 2012 census, Stockton ranks as the state's 13th most populous city. It is the State's 17th largest city in terms of land mass at 64.75 sq. mi. The city is located in Northern California, south of the state capital Sacramento and north of Modesto. Stockton is along Interstate 5, State Route 99 and State Route 4 amid the farmland of the California Central Valley. It is connected westward with San Francisco Bay by the San Joaquin River's 78-mile (126 km) channel, and is, with Sacramento, one of the state's two Inland sea ports. In and around Stockton are thousands of miles of waterways and rivers that make up the California Delta. The city hosts the annual Asparagus Festival and is the location of Haggin Museum, an art and history museum built in Victory Park in 1931. The museum displays 19th and 20th century works of art and houses local historical exhibits. For much of the later 19th century, starting with the Gold Rush, Stockton was one of the largest cities in the state, for a while the third largest city. Stockton has recently struggled with violent crime, reaching a record high of 71 homicides in 2012 before dropping to 23 in the first nine months of 2013. The city had also cut its police force by more than 20% during the 2008 subprime mortgage crisis, but a sales tax approved by voters on November 6, 2013 could fund an additional 120 police officers. In recent years Stockton has also seen a series of negative national rankings in the media, including high crime and low literacy rankings. The city was officially incorporated on July 23, 1850, by the County Court, and the first city election was held on July 31, 1850. In 1851, the City of Stockton received its charter from the State of California. Early settlers included gold seekers from Asia, Africa, Australia, Europe, the Pacific Islands, Mexico and Canada. The historical population diversity is reflected in Stockton street names, architecture, numerous ethnic festivals, and in the faces and heritage of a majority of its citizens. In 1870, the Census Bureau reported Stockton's population as 87.6% white and 10.7% Asian. more ...Attorney Daniel J King Education: UC Berkeley UndergraduateSouthwestern University School of Law $100,000,000+ Discharged
20
Years Experience
9800+
Happy Ch 7 Clients
$100+ Million
Discharged
36 Locations
In California
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Expungement
FELONY
Expungement
INFRACTION
Expungement
DUI
Expungement
EXPUNGEMENT
Eviction . Criminal
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UC BERKELEY
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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 |