Expungement & Post-Conviction Relief
Criminal convictions impact your life in many different ways. It can be difficult to overcome the challenges of having a criminal record, especially when it comes to pursuing your professional goals. California law allows for a dismissal of one case after successful completion of probation and no other law violations. Under Penal Code section 1203.4, you are able to request the court for this dismissal or more commonly known as an expungement. Your record will reflect your case was dismissed and it will no longer show a conviction for that charge.Requirements for Expungement
Are you able to expunge your record? Individuals convicted of an infraction, misdemeanor or felony and were not sentenced to state prison, and have been given probation may be able to apply for expungement. Expungement may be an option if you have met the following requirements:
- Completed all terms of your probation or obtained an early release
- All fines, restitution and reimbursements have been paid
- You are not charged with another criminal offense
- You are not serving a sentence or probation for another offense
An expungement can help you find employment, housing and even keep you from being deported in some cases. If you have been charged with an infraction, misdemeanor or felony offense, you need to explore your options to protect your future.
You cannot get an expungement for an arrest. There is no such thing. However, if you were arrested and a criminal case was never filed, the police agency may deem your arrest a detention and not an arrest. If that occurs, your record will reflect a detention and not an arrest. You can also request a finding of factual innocence under Penal Code section 851.8. Penal Code section 851.8 provides that a person who has been arrested or detained, and is determined to be factually innocent, may petition the law enforcement agency or the court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest.Post-Conviction Relief for Immigrants
Post-conviction relief may be an option if your conviction will result in deportation, removal, or other negative immigration consequences. Our office works with immigration attorneys throughout the country to clear up a bench warrant , expunge an old case, or file a post-conviction motion to vacate a conviction due to ineffective assistance of counsel or client’s failure to fully understand his/her immigration consequences at the time of the plea. A recent law in California, Penal Code section 1473.7, allows clients to petition the court to vacate their convictions based on the fact that their attorneys did not provide proper immigration advisement or that they did not fully understand the negative immigration consequences of pleading guilty.
We will evaluate your situation and explore all options to keep you in the country. Every case is unique — which is why we work closely with you to evaluate all factors in your case to develop a strong defense strategy that will work for you.Experience Makes a Difference in These Cases
The Law Offices of Caroline R. Hahn in Santa Ana will guide you through the expungement or post-conviction relief process in California. Attorney Caroline R. Hahn is a former public defender, who understands the serious implications of having a criminal record.
You only have one chance to apply for expungement. You need to have an experienced lawyer on your side to ensure everything is done correctly, and in accordance with the laws and guidelines. Caroline Hahn has experience navigating this complex process for individuals with criminal and immigration concerns, and she will provide ethical and reliable representation for you.Get a Free Consultation. Schedule Your Appointment.
To see if misdemeanor or felony expungement is an option, contact us by calling 714-530-3104. We represent clients in Orange County and throughout Southern California. Korean and Spanish services are available.