Expungement Attorney in Santa Cruz, California – Santa Cruz 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 Santa Cruz, 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 Santa Cruz, 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 Santa Cruz

Santa Cruz (/ˈsæntə ˈkruːz/, Spanish: Holy Cross) is the county seat and largest city of Santa Cruz County, California in the US. As of the 2011 U.S. Census, Santa Cruz had a total population of 60,049. Situated on the northern edge of the Monterey Bay, about 72 mi (116 km) south of San Francisco, the city is part of the U.S. Census-designated 11-county San Francisco Bay Area Combined Statistical Area but not within the traditional 9-county definition of the San Francisco Bay Area, as it is not in a county that touches the San Francisco Bay. Santa Cruz is counted as part of the Monterey Bay region.

The present-day site of Santa Cruz was the location of Spanish settlement beginning in 1791, including Mission Santa Cruz and the pueblo of Branciforte. Following the Mexican–American War of 1846–48, California became the 31st state in 1850. The City of Santa Cruz was chartered in 1866. Important early industries included lumber, gunpowder, lime and agriculture. Late in the 19th century, Santa Cruz established itself as a beach resort community. Santa Cruz is now known for its moderate climate, the natural beauty of its coastline such as at Natural Bridges State Beach, redwood forests, alternative community lifestyles, and socially liberal leanings. It is also home to the University of California, Santa Cruz, a premier research institution and educational hub, as well as the Santa Cruz Beach Boardwalk, an oceanfront amusement park operating continuously since 1907.

Santa Cruz was hard hit by the 1989 Loma Prieta earthquake. It was also hit by ocean surges caused by the 2011 Tōhoku earthquake and tsunami, wherein the Santa Cruz Small Craft Harbor sustained an estimated $10 million of damage, with another $4 million of damage to docked boats there.

Santa Cruz has an activist Veteran community. The United Veterans Council sponsors a community-based program for Veterans dealing with re-entry into society as an alternative to government remedies. The Bill Motto VFW post #5888 sponsors anti-war and peace efforts in Santa Cruz and throughout the country. The Veterans Memorial Building is host to punk, reggae, and hip-hop acts from Santa Cruz and around the world. It is also the home of the Bill Motto Post-sponsored Thanksgiving and Christmas dinners. These dinners were started by post #5888 in the late seventies. In 2006, the Thanksgiving dinner served 1,400 people. Founded in 1976, The Resource Center for Nonviolence is one of the oldest and most centrally located non-profit organizations committed to political and social activism in Santa Cruz County. The center is "dedicated to promoting the principles of nonviolent social change and enhancing the quality of life and human dignity". In 1998, the Santa Cruz community declared itself a Nuclear-free zone, and in 2003, the Santa Cruz City Council became the first City Council in the U.S. to denounce the Iraq War. The City Council of Santa Cruz also issued a proclamation opposing the USA PATRIOT Act.

The principal industries of Santa Cruz are agriculture, tourism, education (UCSC) and high technology. Santa Cruz is a center of the organic agriculture movement, and many specialty products as well as housing the headquarters of California Certified Organic Farmers. Tourist attractions include the classic Santa Cruz Beach Boardwalk on the beach, the redwood forests, and Monterey Bay, which is protected as a marine sanctuary.