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 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. 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.
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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.
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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. File a petition to have the conviction reduced and dismissed. You were convicted of a felony and sentenced to county jail under Pen.
You were convicted of a felony and were sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation.
File a petition for a certificate of rehabilitation and pardon. What is a dismissal? You are eligible to request a dismissal if you were given county jail time including jail time for a felony offense , probation, a fine, or a combination of those three types of punishment rather than being sentenced to state prison. If you make a formal request to the court petition for a dismissal, the court will make a decision on your request and may withdraw your guilty or no contest nolo contendere plea or the guilty verdict if you went to trial , and enter a not guilty plea.
Then the court will set aside and dismiss the conviction. Your record will be changed to show a dismissal rather than a conviction. You are eligible for dismissal of a misdemeanor conviction, and the court will dismiss your conviction upon your request, if:. You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if:. You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if were convicted of a misdemeanor under Pen.
You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if you were sentenced to county jail on a felony and:.
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You are not currently charged with, on probation for, or serving a sentence for any other offense. In all of these cases where the court has discretion choice , it is up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice. Diversion and deferred entry of judgment Courts may offer diversion or deferred entry of judgment programs. If you successfully complete a prefiling diversion program, you may petition the court to seal the records of the arresting agency and related court files, two years after successful completion of the program.
The Department of Justice shall maintain arrest records it has received and disclose them in specified instances. Penal Code section If you successfully complete a pretrial diversion program, the criminal charges shall be dismissed at the end of the period of diversion. The arrest upon which the diversion was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer.
The Department of Justice may disclose the arrest in response to any peace officer application. If you perform satisfactorily during the period of a deferred entry of judgment under Penal Code section , the criminal charge shall be dismissed. The arrest upon which the deferred entry of judgment was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer.
You may also petition the court to seal the records of the arresting agency and related court files. If you perform satisfactorily during the period of a preguilty plea drug court program, the arrest upon which the diversion was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer. If you successfully complete a deferred entry of judgment program under Penal Code section , the criminal charge will be dismissed. The provisions of Penal Code section Automatic destruction of marijuana-related arrest and conviction records.
Although personal use of marijuana up to These arrest and conviction records must automatically be destroyed and purged from the statewide criminal databases two years after the conviction. But, if you were in jail due to that conviction, your records will not be destroyed until two years after you are released. Dismissal or Redesignation of eligible marijuana-related convictions If you have completed your sentence. Dismissal or Resentencing of eligible marijuana-related convictions If you are currently serving your sentence.
If your conviction was dismissed under Proposition 64 after you completed your sentence, you may ask the court to seal your records. The deadline for filing these petitions is November 4, If the court determines that your conviction is eligible for reduction, the judge must reduce the conviction to a misdemeanor. See Sealing Juvenile Records for more information. Under Penal Code section The court may issue an order for dismissal as described in Penal Code section You must establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking.
If the court grants relief, the arrest and any adjudications or convictions are deemed not to have occurred, and all records are sealed and destroyed. If you are filing a petition for reducing a felony or a petition for early release from probation or for a dismissal, you will need to call the clerk of the superior court for the county where you were convicted and ask them for the following information:.
Remember, you can only dismiss 1 conviction at a time. This means you must fill out a separate petition for each conviction that you want to dismiss, but you can file them all at the same time. If you are currently on probation, you will need to deal with that conviction first; then you can proceed with the others. If you are filing a petition for reducing a felony or a petition for early release from probation or a dismissal, you will need to mail or deliver in person your filing materials to the clerk of the superior court for the county where you were convicted.
Be sure to include any supportive materials such as letters of support, school diplomas or transcripts, and if applying for early release from probation, a letter to the judge explaining why you feel you should be released from probation early. At the time you file your papers, the clerk will set a hearing date.
You may be required to attend the hearing. Be on time and dress appropriate for court. If your petition is granted, make sure to put the order in a safe place for your records. But before you are ordered to pay, the court must decide if you are able to pay all or a part of the costs of your petition without undue hardship.
Do NOT despair! You may still be able to get your convictions dismissed. After you receive the order from the judge denying your dismissal, you can either go to, or call, the clerk at the courthouse to see if you can find out why the petition was denied and whether you can fix the problem and re-file. When you speak with the clerk, be respectful and take notes. Follow the instructions of the clerk and be sure to thank the clerk for his or her help. A certificate of rehabilitation is a court order declaring that you have been rehabilitated after a California state criminal conviction.
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It also recommends that the governor grant you a full pardon. If you are granted a certificate of rehabilitation, the court will send certified copies to the governor. This will serve as an application for a pardon by the governor.
A pardon by the governor gives you all the civil and political rights of citizenship, including the right to vote, and, in some cases, the right to own and keep a legal firearm. Penal Code sections Positions at these levels receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and policies of the work unit. They are expected to handle assigned cases and legal issues with only occasional guidance from other legal staff. Positions in this class series are flexibly staffed and positions at the Deputy District Attorney II level are normally filled by advancement from the Deputy District Attorney I level.
When filled from the outside, the employee is required to have prior related experience which allows the employee to meet the qualification standards for the Deputy District Attorney II level. Incumbents are members of the California State Bar. Knowledge of : Operations, services, and activities of a District Attorney's Office. Principles of criminal, constitutional, and administrative law.
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