Expungement Attorney in Menlo Park, California – Menlo Park 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 Menlo Park, 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 Menlo Park, 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 Menlo ParkMenlo Park is an affluent town at the eastern edge of San Mateo County, in the San Francisco Bay Area of California, in the United States. It is bordered by San Francisco Bay on the north and east; East Palo Alto, Palo Alto, and Stanford to the south; Atherton, North Fair Oaks, and Redwood City to the west. Menlo Park is one of the most educated cities in the state of California and the United States, with nearly 70% of its residents having earned an advanced degree. Menlo Park had 32,026 inhabitants according to the 2010 United States Census. In addition, Menlo Park was ranked in the top 15 US cities in CNN's "Best Places for the Rich and Single" to live. In the nineteenth century two Irish immigrants, Dennis J. Oliver and his brother-in-law D. C. McGlynn, purchased a 1,700-acre (6.9 km2) tract of land on the former Rancho de las Pulgas. In the 1850s they erected a gate with a wooden arch bearing the inscription "Menlo Park" at the entrance to their property (now the intersection of Middle Ave and El Camino Real). The word "Menlo" derived from the owners' former home of Menlo in County Galway, Ireland. In 1863, the San Francisco and San Jose Rail Road named a nearby station "Menlo Park" after the sign. The 1867 station building still stands on the platform of the current Caltrain station, used by the local Chamber of Commerce. The town of Menlo Park grew up around this station, becoming a popular home for San Francisco businessmen. A post office arrived in 1870, and the city was incorporated in 1874. The original arch which gave its name to the stations and ultimately the city survived until 1922, when it was destroyed in an automobile accident. The origin of the name of Menlo Park, California (ca 1850) pre-dates any work done by Thomas Edison (ca 1876) in Menlo Park, New Jersey. Menlo Park is also famous as a US Financial Center for Venture Capital. Like the Wall Street of Venture Capital, Menlo Park contains a high density of Venture Capital firms that are situated along Sand Hill Road, the main thoroughfare that connects I-280 and El Camino Real. Much of Menlo Park's economy centers around the companies on Sand Hill Road, consisting of venture capital, private equity, financial services, law firms, and other professional service companies and investment vehicles focusing on technology. Geron, Robert Half International, Exponent, Sunset and SRI International are among the companies based in Menlo Park. Facebook moved its headquarters to the former campus of Sun Microsystems in Menlo Park in Dec 2011. 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
MISDEMEANOR
Expungement
FELONY
Expungement
INFRACTION
Expungement
DUI
Expungement
EXPUNGEMENT
Eviction . Criminal
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UC BERKELEY
Undergraduate
SOUTHWESTERN
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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 |
|||||
Attorney Daniel J King
Education: UC Berkeley Undergraduate$100,000,000+
Discharged
20 | 9,800+ |
Years Experience | Happy Ch 7 Clients |