A criminal conviction has long lasting effects on a person’s ability to seek employment, enroll in school, find housing, gain or change their immigration status, and much more. At the Miller Law we recognize the importance that a “record clean – up” can have on a person’s life, livelihood, and future. We offer free consultations to discuss your prior history so we can determine which avenues are available to clean up your criminal record so you can focus on the important things in life. Take control of your criminal record – take control of your FUTURE! Motion to Terminate Probation- §1203.4(a) Whether your status as a probationer is due to a serious felony, or a simple misdemeanor, probation can be a long and drawn out process. Probation can inhibit your ability to gain employment, improve your immigration status, enroll in school or find housing. This is true even after you have completed the “terms” of your probation (i.e., performed your community service, finished your DUI classes, etc.) and are now waiting for your probationary period to finish. According to California Penal Code §1203.4(a) “The court shall have authority at any time during the term of probation...when the ends of justice will be served thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held.” If you have completed the terms of your probation, and are in good standing with the court - you may eligible to have your probation terminated EARLY! We are skilled at preparing the motion to terminate probation, and successfully argue these motions on a regular basis. That means our clients are able to focus their attention on improving their lives rather than waiting years for probation to finish on its own. If you are currently on probation, and would like to seek early termination – contact us right away for a free consultation! Petition for Dismissal (Expungement) - §1203.4 & §1203.43 Motion A criminal conviction can still haunt you even after you have completed your probationary period. The conviction will appear on background checks when you apply for a job, and can come up when you apply for academic enrollment or housing. While a Petition for Dismissal does not erase the record, it does act as a dismissal and you can be 'released from all penalties and disabilities resulting from the offense'. This means you can state you have not been convicted of a crime on most job applications (government jobs and other jobs require licenses do not apply). There are also some caveats for certain types of convictions and / or sentences. In order to apply for a dismissal under this section, you must first determine if you have been convicted of a misdemeanor or a felony, and if you were sentenced to probation. If so, and if you have successfully completed all the conditions of your probation, you qualify to petition the court for a dismissal of your case. If you were not sentenced to probation, but given jail time (not prison time) you can apply for an expungement after a year from your release. A petition for dismissal can make a huge difference in a person’s life. It can allow you to obtain your dream job, apply for school and most of all give you the satisfaction of knowing your record no longer contains a conviction. Contact our office right away for a free consultation – your future may depend on it! Deferred Entry of Judgement Dismissal - §§1000, 1203.43, and 851.90 Being placed on Penal Code 1000 (often referred to as “PC 1000” or “DEJ”) can be a great way to resolve a case. Unfortunately, even that resolution can have consequences and impact your future after the case is dismissed. This is especially true for those seeking to improve or change their immigration status. Luckily, there is relief pursuant to Penal Code §§1203.42 and 851.90 which can prevent the use of the conviction for immigration or other federal purposes. If you have a prior PC 1000 case or are currently on Deferred Entry of Judgement (DEJ) contact our office right away to determine if you qualify for early termination and / or a dismissal pursuant to the sections listed above. It will allow you to take control of your future and avoid a past mistakes impact on your destiny. Motion to Reduce Felony Charge - §17b Motion A felony conviction can greatly impact a person’s future. It can cause a stigma that makes it difficult for a person to be productive in life. Luckily, many felony convictions are for crimes known as “wobblers.” A “wobbler” is a crime that can be charged either as a felony or a misdemeanor. The list of wobbler offenses is very long, but a few wobbler offenses include the following, §§69 (resisting arrest, 245 (assault with a deadly weapon), 273.5 (corporal injury on spouse), 32 (accessory after the fact). If you were not sentenced to state prison you may be eligible to have your conviction reduced and then dismissed (as stated above). Call our office for a free consultation to discuss your options! Proposition 47 - §1170.18 Motion Proposition 47 was enacted in 2014 with the purpose of focusing prison spending on serious and violent felonies, and providing alternative sentencing to non-violent and non-serious crimes. This has caused many felonies to be reclassified as misdemeanors. Some of the eligible felony convictions are Penal Code §§ 459 (commercial burglary), 484 (grand theft), and Health and Safety Code §§ 11350, 11377 and 11357 (possession of marijuana, meth, and / or controlled substance). If you have been convicted of a felony as listed above you may be entitled to have your conviction reduced to a misdemeanor pursuant to a §1170.18 motion and then expunged as stated above. It should be noted that those who are currently serving or have completed eligible felony sentences will not automatically be resentenced. Those individuals must apply to their sentencing court for relief within 3 years of the law’s enactment (i.e., by November 4, 2017). Time is running out, contact our office right away for a free consultation to discuss your options to clean your record and control your future. Proposition 64 - §§ 11361.8 and / or 1203.4(a) The passage of Proposition 64 in November of 2016 has allowed for the dismissal, reduction and / or sealing of Marijuana related convictions. If you have a conviction related to marijuana contact our office right away for a free consultation. A few minutes of your time can lead to your record being cleaned and improved so you do not have to suffer the consequences of that conviction. Certificate of Rehabilitation – Governor’s Pardon A prison sentence can cause many to feel as if that conviction will haunt them forever. Fortunately, our office can help relieve that burden by applying for a Certificate of Rehabilitation. If you were convicted of a felony and are not currently on probation, have remained free from any trouble for 7-10 years, and have been a California resident for 5 years prior to applying for the certificate, can show a satisfactory period of rehabilitation you may be eligible for removal of penalties associated with the prior criminal conviction. A Certificate of Rehabilitation, much like an “expungement,” acts to relieve some sex offenders of further duty to register. (Pen. Code, § 290.5.), Enhance a felon’s potential for licensing consideration by a State board, serve as an official document to demonstrate a felon’s rehabilitation, which could enhance employment possibilities, and serve as an automatic application for a gubernatorial pardon. While a prison sentence may feel like something that will haunt you for the rest of your days, you have options and avenues that can remove some, if not all, of the detrimental impacts of your past mistake. Contact our office right away to discuss your options – we are here to help! |