A criminal record does not have to follow you forever. California law provides several ways to clear or reduce your record. Call our office to discuss your options. Se habla español.
Clear Your Criminal Record
A past conviction can affect every part of your life - from getting a job to finding housing to professional licensing. But California has expanded options for people to clear their records and move forward. Tony Carlos has helped many clients get their records expunged, felonies reduced to misdemeanors, and convictions dismissed.
Post Conviction Services We Offer
Expungements (PC 1203.4)
An expungement allows you to withdraw your guilty or no contest plea, re-enter a not guilty plea, and have the case dismissed. After an expungement, you can legally state that you have not been convicted of that crime on most job applications.
- Eligibility - You must have completed probation (or obtained early termination) and not be currently charged with a crime
- Benefits - Answer "no" to conviction questions on most job applications; removes barriers to employment and housing
- Limitations - Does not restore gun rights or remove sex offender registration requirements
Felony Reduction to Misdemeanor (PC 17b)
If you were convicted of a "wobbler" offense (a crime that can be charged as either a felony or misdemeanor), you may be able to have your felony reduced to a misdemeanor. This can restore certain rights and reduce the stigma of a felony conviction.
Proposition 47 Relief
Prop 47 reclassified certain drug and theft offenses from felonies to misdemeanors. If you have an old felony conviction for drug possession or theft under $950, you may be eligible to have it reduced to a misdemeanor - even if you already served your sentence.
- Drug Possession - Simple possession charges (HS 11350, 11377) can be reduced
- Petty Theft - Theft of property valued under $950
- Shoplifting - Commercial burglary where value is under $950
- Bad Checks/Forgery - When the amount is under $950
Early Termination of Probation
If you have been on probation and are in good standing, you may be able to get off probation early. This allows you to then pursue an expungement sooner and removes the restrictions and reporting requirements of probation.
Certificate of Rehabilitation
For more serious felonies where expungement is not available, a Certificate of Rehabilitation is a court order declaring that you have been rehabilitated. It also serves as an automatic application for a Governor's pardon.
Motion to Vacate Conviction
In certain circumstances, a conviction can be vacated entirely. This may be possible if you were not properly advised of immigration consequences, if new evidence has emerged, or if there were legal errors in your original case.
Watch: Clear Your Criminal History
Benefits of Clearing Your Record
Employment
Many employers run background checks. An expungement allows you to honestly answer that you have not been convicted on most job applications.
Housing
Landlords often check criminal records. Clearing your record can open up housing options that were previously unavailable.
Professional Licensing
Many professional licenses require background checks. An expungement can help you qualify for licenses in healthcare, education, real estate, and other fields.
Peace of Mind
Moving past a criminal conviction and getting a fresh start. You made a mistake, you paid for it, and now you can move forward.
The Post Conviction Process
1. Review Your Record
We obtain and review your criminal record to identify all convictions and determine which relief options are available for each case.
2. Determine Eligibility
Based on your convictions, probation status, and other factors, we identify which post conviction remedies you qualify for.
3. Prepare Petition
We prepare the appropriate petition or motion, gathering supporting documentation such as proof of rehabilitation, employment, and community involvement.
4. File with Court
We file your petition with the court and serve notice to the District Attorney's office.
5. Court Hearing
In most cases, a hearing is scheduled where we present your case to the judge. We handle everything and represent you in court.
6. Record Updated
If granted, the court issues an order and your record is updated to reflect the expungement, reduction, or dismissal.
Frequently Asked Questions
How long does an expungement take?
The process typically takes 4-8 weeks from filing to the court hearing. Some courts may take longer depending on their calendar.
Can I expunge a felony?
Yes, many felonies can be expunged if you completed probation and meet other eligibility requirements. Some felonies can first be reduced to misdemeanors, then expunged.
Will my expunged record still show up on background checks?
The expunged conviction may still appear on some background checks, but it will show as "dismissed" or "expunged." California law prohibits most employers from considering expunged convictions in hiring decisions.
What if I went to prison instead of probation?
If you served time in state prison, you may not be eligible for expungement under PC 1203.4, but you may qualify for a Certificate of Rehabilitation or other relief. Contact us to discuss your specific situation.