Expungements

When seeking expungement relief, you are asking the court to set aside your guilty verdict or your no contest plea. In order to qualify for expungement relief you must: 1) successfully complete probation, meaning that you must not be serving a sentence, or on probation, or charged with any offense, 2) have paid all fines and fees ordered by the court, and 3) pay the fees for services related to the expungement petition. Expungement relief is not available for convictions of offenses specified in Penal Code Section 1203.4(b). This includes most felony child molestation offenses, certain sex offenses, several traffic offenses and infractions.

 If your petition is granted, you must be released from all “penalties and disabilities” resulting from the conviction. However, there are several limitations on the relief you can received from an expungement: a dismissed charge may be used as a strike under the “Three Strikes Law”; if your drivers license is suspended or revoked, dismissing the charge will not change the status of suspension or revocation of your drivers license; if you have committed a sex crime that requires registration, you will still be required to register as a sex offender under the Sex Offender Registration Act; and the conviction records will still remain open to the public even if the conviction has been dismissed.

 Remember, swift action often times means the difference between a successful verdict and a disappointing result. Call us immediately, consultations are free and we can help. The Stepanian Law Firm APC is dedicated to aggressive, intelligent, and compassionate representation that gets results.

Governor’s Pardons

There are two types of Governor’s pardons: a “direct” pardon and a pardon based on a certificate of rehabilitation. Either a direct pardon or certificate of rehabilitation restores all the rights, privileges, and franchises of which the person was deprived as a consequence of their conviction.

Directs pardons are requests for pardon made directly to the Governor. When seeking a direct pardon, 10 days’ notice must be given to the district attorney of the county of conviction.

Certificates of Rehabilitation, on the other hand, are first sought from the trial court. If the trial court issues the certificate, it is deemed to be a recommendation that the Governor grant a pardon. You may apply for a certificate of rehabilitation if you have been convicted of a felony and have been discharged from custody after the completion of the term to which you were sentenced. Certain individuals are not eligible for certificates of rehabilitation, including life parolees, individuals sentenced to death, individuals convicted of certain sex offenses (except under extraordinary circumstances), and individuals serving in the army. However, if you are required to register under the Sex Offender Registration Act you may be able to obtain a certificate of rehabilitation.

Factual Innocence Motions

If you were wrongfully arrested or improperly accused of a criminal offense you did not commit, you may petition the court to seal and destroy your arrest record. Your eligibility to petition for a finding of factual innocence pursuant to Penal Code Section 851.8 arises in situations where 1) if you were arrested, but no formal charges were ever filed against you; 2) if you were arrested and charges were filed but then later dismissed; or 3) if your case went to trial and you were acquitted by a jury. If your motion is granted by the Court, your arrest record will be sealed for 3 years, and then destroyed. It is as if the arrest never occurred.

If you have been improperly accused of something you did not do, then it is important that you act now. Your arrest record will show up in background checks done by potential employers and may prevent you from being employed. Weiss and Stepanian LLP can help you erase your arrest record.

Remember, swift action often times means the difference between a successful verdict and a disappointing result. Call us immediately, consultations are free and we can help. Weiss and Stepanian LLP is dedicated to aggressive, intelligent, and compassionate representation that gets results.