Expungement Attorney in Cupertino, California – Cupertino 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 Cupertino, 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 Cupertino, 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 Cupertino

Cupertino /ˌkuːpərˈtiːnoʊ/ is a city in Santa Clara County, California in the United States, directly west of San Jose on the western edge of the Santa Clara Valley with portions extending into the foothills of the Santa Cruz Mountains. This affluent city is the 11th richest city with a population over 50,000 in the United States with an estimated per-capita income of $51,965 and a median household income exceeding $160,000, as many households need two or more incomes to meet the high cost of property and living. The population was 58,302 at the 2010 census. Forbes ranked it as one of the most educated small towns. It is perhaps best known as being the home town of Apple Inc.'s corporate headquarters.

Cupertino was named after Arroyo San José de Cupertino (now Stevens Creek). The creek had been named by Spanish explorer Juan Bautista de Anza's cartographer, who named it after Saint Joseph of Cupertino. Saint Joseph (born Giuseppe Maria Desa, and later known as Giuseppe da Copertino) was named after the town of Copertino in the Apulia region of Italy. The name Cupertino first became widely used when John T. Doyle, a San Francisco lawyer and historian, named his winery on McClellan Road "Cupertino". After the turn of the 20th century, Cupertino displaced the former name for the region, which was “West Side”.

Cupertino in the 19th century was a small rural village at the crossroads of Stevens Creek Road and Saratoga-Mountain View Road (also known locally as Highway 9; later Saratoga-Sunnyvale Road, and then renamed to De Anza Boulevard within Cupertino city limits). Back then, it was known as the West Side and was part of Fremont Township. The primary economic activity was fruit agriculture. Almost all of the land within Cupertino's present-day boundaries was covered by prune, plum, apricot, and cherry orchards. A winery on Montebello Ridge overlooking the Cupertino valley region was also operating by the late 19th century.

Cupertino is one of many cities that claim to be the “heart” of Silicon Valley, as many semi-conductor and computer companies were founded here and in the surrounding areas. The worldwide headquarters for Apple Inc. is located here in a modern complex circled by the Infinite Loop. Apple has announced that it plans to build a new 150-acre (610,000 m2) second campus between Interstate 280, N Wolfe Rd, E Homestead Rd and along Tantau Ave one mile east of the old campus. The nine properties (50-acre (0.2 km2) south of Pruneridge Avenue were bought in 2006, the property (100-acre (0.4 km2) north of it in 2010 (from Hewlett-Packard).

Cupertino was incorporated in 1955. The highest body in the city government - the City Council - is made up of five members who serve overlapping, four-year terms. The council elects the mayor and vice-mayor for a term of one year. The city does not have its own charter. Instead, it is a General Law city, which follows provisions and requirements for cities established by the state of California.

The city's symbol is a conquistador's morion. A sculpture of this helmet stands next to Cupertino City Hall, and several versions of the helmet have also been used as the city logo. The original sculpture was made in 1971 by John Augsburger of San Luis Obispo. A full-sized replica of the sculpture, made by Fred Subega was given to the city of Toyokawa, Japan as a gift to commemorate their tenth anniversary as sister cities. A smaller sculpture in the shape of the helmet in the 1999-2007 Cupertino city seal was also given to the city of Toyokawa as a twenty-fifth anniversary present.