If a criminal conviction occurred as a juvenile or adult, there are many remedies available to erase the criminal charge when you retain a criminal attorney. If you entered a guilty or no contest plea to a criminal or DUI charge that is causing you problems with your job, education, or housing, contact an experienced criminal expungement lawyer as soon as possible.
There are three separate categories of post-conviction relief available to anyone that has a criminal conviction on their record. These areas of relief include:
Expungement relief is available for felony, misdemeanor, and infractions if you were placed on probation after a conviction. You can obtain a dismissal under Penal Code 1203.4 for a criminal or DUI conviction that will go a long way in clearing your record. In some instances, if you are still on probation, you may qualify for early termination of probation.
If you have an arrest record or juvenile, you may also receive relief when you apply to seal your record. This is beneficial in cases where you are trying to show that you have never been arrested or did not receive a conviction as a minor.
Proposition 47 allows relief for certain felony charges to be reduced to misdemeanor charges. In order to qualify, the defendant must have entered a guilty plea or was found guilty of a crime that qualifies and must not have any other disqualifying convictions.
Proposition 47 is not usually the best relief available when compared to an expungement, but it is relief that should be explored when an expungement is not available. Proposition 47 will allow resentencing if the plea or finding of guilt was within three years from the date Proposition 47 was enacted. Because there are deadlines that will bar an individual from obtaining relief, it is important to discuss your case immediately if you believe you may qualify under Prop 47.
When someone is not a United States citizen, it is extremely important to ensure that you are not convicted of a charge that will lead to deportation or exclusion from the United States. If you have a conviction on your record, it is possible to qualify for relief to correct prior convictions that may causing immigration issues.
In cases where immigration problems arise because of a criminal conviction, it is possible to file motions to withdraw pleas of guilt, sentence modifications, perform new plea negotiations, and file motions of ineffective assistance of counsel.
Understanding the expungement process is difficult, and it is natural to be unsure what a dismissal means and how do you qualify for one. When trying to decide if you should correct your criminal record, numerous questions need to be answered before you begin clearing your criminal record.
It is important to remember that everyone's case is different and it is important to obtain advice on your particular sitaution. But here are some helpful answers to the common questions we hear the most.
In most cases, you will qualify for a dismissal under Penal Code 1203.4 if you obeyed all laws, are not currently facing criminal charges, are not on probation, served your sentence and paid all fines and fees.
If you have a DUI conviction, the court has discretion to dismiss your case, but our office has had great success in obtaining relief.
A clean record is an important if you are applying for anything now that everyone has access to public records. Without an expungement, you will find it difficult to rent a house, to attend college or graduate school, obtain employment, obtain a government job, obtain special state licenses, obtain financial aid, and obtain residency or U.S. citizenship.
No. In fact, your criminal record will remain until you do something about having your case dismissed.
In California, the Court will grant relief in most circumstances, as long as you're proactive and file the appropriate paperwork with the Court. It may also require an appearance, but in most instances, we can appear on your behalf.
If you do not qualify, we will determine the reason and explain what is needed before you can obtain relief from your conviction. Because you do not want to get denied, we will do our best to help you qualify. Once you are eligible, we will quickly file the appropriate paperwork in order for you to get the conviction off your record.
Erasing your criminal record is an important step to correcting any conviction on your record. By contacting the Law Offices of Tina M. Barberi, PC, we can help make sense of your criminal record and determine the best course of clearing your record.
An expungement may be available if you have received a criminal or DUI conviction. By clearing your criminal record, you will be able to qualify for jobs, student loans, and housing that you may not otherwise be qualified. Even if you do not qualify for a dismissal, you may still qualify for Proposition 47 relief. And if neither of these options are not appropriate for your circumstances, we will explore options to file motions to withdraw the previous plea of guilt.
Do You Have More Questions? If So, Contact Our Office To Schedule A Free Consultation To Discuss Your Conviction. We Will Make Sure You Qualify For After Conviction Relief.