POST CONVICTION RELIEF: GET CRIMINAL RECORD REMOVED
You’ve finally done your time and paid back your debt to society, but the man is still trying to keep you down. Do you have an old conviction that is hindering your job search, custody dispute, immigration status, or holding you back in other ways? Now that you have served your sentence and you are trying to get your life back on track, it’s time to look at getting your old conviction(s) expunged.
We offer criminal defense, DUI defense, traffic defense and post conviction relief services where you can get your felony convictions reduced to misdemeanors (including Proposition 47), get misdemeanors dismissed and expunged from clients’ records, and file pardon petitions and certificates of rehabilitation.
We understand the long-term ramifications of criminal convictions and represent many “Lifers” – people with term-to-life (15-Life, 25-Life, etc.) sentences at their California Board of Parole Hearings parole suitability hearings. As an expert post conviction attorney, we help prepare the client for the hearing, including several visits to help the client understand the four pillars of parole suitability — responsibility, culpability, insight, and remorse. We also connect the client with resources in the community to shore up the his/her parole plans, including transition homes, 12-step programs, and job opportunities. And we work with family members and loved ones to help them write meaningful support letters that will actually be considered by the BPH panel.
For immediate help, call 323.529.3660.
The repercussions of an arrest and criminal charge in the state of California do not end when you close the case, serve the jail time, or pay the fines. Running into trouble with the law can follow you for the rest of your life because criminal record is public and indexed by information companies. Carrying around a criminal record can cause numerous problems in your life, like trouble finding a job. That is why, post conviction relief is very important and an experienced post conviction attorney can get your felony reduced to misdemeanor or your felony can be completely expunged. In this way, you can get conviction removed from your record through post conviction appeal.
It is your right to get post conviction relief because you shouldn’t have to keep paying the price for past mistakes. You’ve already paid your debt to society. With an expungement, you can have a clean slate and avoid the negative consequences of a public criminal record.
WHAT IS EXPUNGEMENT AND WHY DO YOU NEED ONE?
Expungement is the “record redo” you get when after making mistakes that landed you in jail. By making post conviction appeal you can get expungement, which means the state will retain a record of criminal convictions, but the public will no longer have access to that information.
A public criminal record can negatively impact your life in many ways, but the place where most people struggle is the job market. A regular background check could show a prospective employer your past conviction or criminal case and he or she may use that information to deny you a job. An expungement prevents any of the public from seeing your criminal record.
*Special Note: If the prospective employer demands fingerprints submissions or a print of your California Department of Justice Report, your record might indicate that there was a case in the past. The record will only show that your case was dismissed and there will not be any convictions.
WHEN DO YOU QUALIFY FOR AN EXPUNGEMENT?
An expungement can be immensely helpful, but unfortunately, not everyone qualifies. Not all ex-convicts are eligible to receive expungement. You only qualify if you meet all 4 of the following criteria.
- You must not be on probation at the time of application.
- You must not be charged in any current criminal cases.
- The crime that put you on the record must not have resulted in a state prison sentence.
WHEN DON’T YOU QUALIFY FOR EXPUNGEMENT?
The law does not permit expungements for sex crimes and cases of serious vehicle code violation. The only time a felony can be expunged is if it’s been reduced to a misdemeanor, which most felonies can unless the defendant was sentenced to state prison.
YOU ARE NOT ELIGIBLE FOR EXPUNGEMENT IF:
- You are at present, being charged with any crime in any jurisdiction;
- You are presently on probation, obligatory supervision from law enforcement, or on parole within any jurisdiction.
- You are currently doing jail time in any jurisdiction;
- You were sentenced to state prison for your conviction.
NOTE: Some judges may terminate your probation early to make you eligible for expungement. An attorney can help with this.
If you did serve a state prison sentence, do not despair; you may still qualify for a certificate of rehabilitation and/or a governor’s pardon. Contact a post conviction attorney for more information.
EXPUNGING A FELONY CONVICTION IN CALIFORNIA
If your felony conviction was not originally resolved as a misdemeanor, petitioning the court to reduce the charges is the starting place for an expungement. You and your post conviction lawyer must prove to the judge that you are deeply remorseful for your crimes and a positive force in the community. It may be helpful in getting post conviction relief. Moreover, it may help to participate in several non-profit activities.
In some cases, expungement may be granted after your attorney successfully files two of the following petitions: the PC 17b and the PC 1203.4. If successful, the former (PC 17b) will reduce your felony to a mere misdemeanor and the latter (PC 1203.4) gets the reduced charged dismissed completely.
HOW TO EXPUNGE A MISDEMEANOR IN CALIFORNIA
The requirements to expunge a California misdemeanor are outlined in the Penal Code section1203.4a. To begin, your post conviction lawyer will obtain your criminal record copy, then complete and submit the CR-180 in the county of conviction, with the applicable filing fee, and serve a copy of the application on the prosecuting agency.
HOW MUCH DOES AN EXPUNGEMENT TYPICALLY COST?
In California, petition court fees for an expungement are in the cost range of $100 to $400, depending on the serving courthouse. Attorneys charge a sum between $400 to $1,400 per criminal charge. Attorney fees could rise to between $1000 to $4000 if the criminal case is complicated. If you can’t afford the fee to file a petition for expungement, you or your attorney may request a fee waiver. This can be achieved by completing (Form FW-001).
CHOOSING AN EXPERIENCED POST CONVICTION ATTORNEY FOR YOUR EXPUNGEMENT
Your ability to get a job, attend school, or find housing can hampered with a mere misdemeanor conviction. An expungement can be a lifeline, but to get the post conviction successfully removed from your record, you need an experienced post conviction attorney. An expungement and all the petitions and paperwork associated with it can be textually dense and confusing. Your ideal attorney must have handled at least two successful expungements in the past.
An experienced post conviction attorney comes with relevant and vital contacts, which can be crucial in a time sensitive scenario. You do not have to keep paying for past mistakes and need post conviction relief. Los Angeles Criminal Defense Attorney Don Hammond has successfully obtained dozens of expungements in several counties and is very experienced with the process. Contact Don Hammond to get your criminal record expunged to get a new beginning
Parole & Probation
Probation and parole are both alternatives to time spent behind bars, and while they both serve somewhat similar functions, they are fundamentally different. At the core, both probation and parole seek to balance the offender’s opportunity for rehabilitation with the importance of public safety.
Probation is a period of supervision instead of incarceration in county jail or state prison. In some cases, judges may suspend a jail sentence and give the offender the opportunity to demonstrate their desire to rehabilitate without serving any time at all. If the offender fulfills all of the conditions of his or her probation, they don’t have to serve any time in jail or prison. In other cases, judges will sentence offenders to a short term in jail plus a period of probation to follow. Probation lengths typically vary between one and ten years, depending upon the nature of the offense and other factors.
While on probation, the offender must meet certain conditions. Any violations of these conditions can result in probation revocation (cancellation) and incarceration. Among the most common conditions are:
- Seeking and maintaining approved employment.
- Attending school.
- Participating in substance abuse, anger management, parenting, domestic abuse, or some other type of counseling.
- Paying fines, court costs, attorney fees, and/or restitution to victim(s).
- Adhering to specific rules of conduct.
- Abiding by a curfew.
- Participating in drug testing as required.
- Staying away from certain people or avoiding gang affiliation.
- Not committing any other crimes.
Summary probation (called ‘informal probation’ in Orange County and ‘summary probation’ in Los Angeles County) does not require any check-ins. Formal probation – also called ‘reporting probation’ – requires check-ins (usually monthly) with a probation officer (PO). The PO monitors the probationer’s progress and provides regular reports to the judge to inform of any rule violations or other failures to abide by the conditions ordered.
If probation is revoked, the offender returns to court for their final sentencing, during which they may be sent to jail or prison. If the offender was originally given a suspended sentence, then they may be sent to jail or prison to serve the full sentence.
Parole is conditional early release from incarceration, allowing a parolee to serve the remainder of their sentence in the community. One of the purposes of parole is to assist the offender with their reintegration into society, which can be quite challenging after long periods of incarceration.
The opportunity for parole is largely determined by the offender’s conduct while in prison. Unlike probation, which is granted and/or modified at the discretion of the trial judge, determination and administration of parole is handled by a parole board. In California, the Board of Parole Hearings (BPH) is responsible for all parole matters.
Similar to probationers, parolees also must meet certain conditions. Parolees report to a parole officer who monitors their progress. If an offender fails to comply with the conditions of parole, the supervising officer can file a report with the BPH that may lead to revocation of the offender’s parole and a return to prison to serve some or all of their remaining sentence.