Post-Conviction Relief In California

By April 29, 2015 August 31st, 2020 Criminal Defense

A pardon is only one of many ways that a person convicted of a crime in California can obtain post-conviction relief, allowing them to clean their record and move forward with their lives. Here is an overview of some of the ways that you can obtain relief from the burdens of a past conviction.

Expungements

An expungements is a common method of cleaning up your criminal record. It is a court order pursuant to Penal Code section 1203.4 to release you from all penalties and disabilities that result from your past criminal conviction. If your petition is successful, the court will withdraw your guilty plea, set aside the conviction, and dismiss the case against you.
To be eligible, you must not have served a sentence in state prison, and must not have committed certain violent or sex crimes. Most individuals who were sentenced to imprisonment in county jail, probation, a fine, or a combination of these may be eligible for an expungement. If you are on probation, you must fulfill all of the conditions of your probation for your entire probationary period before the court will order your conviction to be expunged. You can also apply to have the court terminate your probation early, but you must show good cause before the court will grant the termination.
If you did violate a term of your probation, you may still be eligible to get your record expunged. The court will hold a hearing to determine whether to grant your expungement despite your probation violation.
An expungement may be an important step in helping you obtain employment. After you have successfully expunged your criminal conviction from your record, in most cases (except for state or federal government jobs), you do not have to disclose the criminal conviction to your potential employer. Under California Labor Code 432.7, an employer may not ask you to disclose information about an arrest or detention that did not result in a conviction, and can only discriminate against you if your arrest led to a conviction. That is why expunging your criminal background is such a vital step in moving forward with your life.

Proposition 47

Passed in November 2014, Prop 47 allows people who are serving time for a current conviction for certain crimes to get their sentences reduced. It also allows people with past convictions to have their conviction reduced from a felony to a misdemeanor. It reduced many crimes that were previously felonies to misdemeanor offenses. Reducing a felony to a misdemeanor is a major hurdle to getting your conviction expunged from your record.
Prop 47 is only available to you if you were convicted of one of the following crimes:

  • Shoplifting property that is worth up to $950;
  • Grand theft of property that is worth up to $950;
  • Receiving stolen property that is worth up to $950,
  • Forgery of a check, bond, or bill worth up to $950,
  • Writing a fraudulent check, draft, or order worth up to $950,
  • Writing a bad check worth up to $950;
  • Personal use of most illegal drugs, including methamphetamine, heroin, cocaine, prescription drugs and other controlled substances

To be eligible, you must not have been required to register as a sex offender under California Penal Code section 290, and you must not have been previously convicted of a serious offense that could fall under California’s “Three Strikes” law.
Courtroom detail

Certificate of Rehabilitation

If you were convicted of a felony and sentenced to state prison, you may have another recourse to stop the negative consequences of your conviction. You may be eligible for a Certificate Of Rehabilitation, which is a special court order that serves as a declaration that, in the court’s opinion, you are completely rehabilitated from the crime for which you were convicted. It is a statement by the court that your criminal history is just that – history – and that you are ready to become a productive and upstanding member of society.
The certificate will restore many of your citizenship rights, such as allowing you to apply for licensing with a state board, which could enhance your employment possibilities. It also serves as an automatic recommendation and application for a pardon (see below).
To be eligible, you must have the following:

  • A conviction for a felony, and a sentence for a term in a California state prison;
  • No incarceration since your release from custody, probation, or parole;
  • Proof that you were a California resident for a minimum of five years immediately prior to filing your application, or three years if you were placed on parole; AND
  • Proof of a satisfactory period of rehabilitation, which begins from the day you were released from custody.

Note that a Certificate of Rehabilitation does not erase your felony conviction or seal your criminal record. It will not prevent your offense from being considered as a prior conviction if you are convicted of a new offense; nor will it allow you to answer on employment applications that you have no record of conviction.
Once the petition is filed, the court will schedule a hearing, at which you must demonstrate that you have been rehabilitated. Before the hearing, the court may require an investigation by the district attorney. At the hearing, the court may require testimony and records pertaining to you, such as information about the offense, as well as your conduct while incarcerated and since release.

Governor’s Pardon

A pardon is a grant from the governor (or the president of the United States) that forgives a person for past crime, and removes many of the effects of the conviction. Generally, this includes the termination of an active sentence or probation, immediate release from custody, and the restoration of rights, such as the right to vote or serve on a jury. Pardons can also be granted to persons who have already served the entirety of their sentence.
However, a pardon does not remove all of the effects of a criminal conviction. For example, a pardon will not prevent the district attorney from using your pardoned offense from being considered as a prior conviction if you are later convicted of a new offense. A pardoned conviction must also be disclosed to potential employers on your employment application, and, if you are an immigrant, a governor’s pardon will not necessarily prevent your deportation.
To obtain a pardon, you will need a skilled attorney who can put together a file that includes your pardon questionnaire, character letters, your criminal history (if any), and your biography so that the governor’s office can get a full picture of why you deserve another chance.

Contact Fiumara & Milligan Law, PC Today!

Do not let your criminal history stand between you and your dreams. If you were convicted of a crime and are interested in finding out if you are eligible to clean up your record, contact an experienced criminal defense attorney immediately.
At Fiumara & Milligan Law, PC our skilled attorneys have been successfully fighting for our clients’ rights for over 40 years. We have worked hard to help our clients reduce the impact of their prior criminal history on their lives. Our knowledgeable attorneys can help you, too.
With offices in Sonoma County and Marin County,  we are available to help you no matter where you are located.
Contact our offices today at 707-571-8600 OR 415-492-4507 for your free case evaluation.
We will get through this together.

Michael A. Fiumara

About Michael A. Fiumara

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