California

Post-Conviction Relief Lawyers

Why Pursue Post-Conviction Relief?

A criminal record can be devastating for individuals for a variety of different reasons. If you are dealing with any of the following problems, getting some form of post-conviction relief with the help of a PCR attorney could help alleviate the burden of your conviction and allow you to build the future you really want:

• Trouble Finding a Job
• Having Immigration Problems
• Can’t Get Professional License(s)
• Want to Pursue Further Education
• Can’t Find Better Housing
• In Custody for Previous Offense

Post-Conviction Relief in California

A conviction in a California criminal court is never an easy thing to bear. Many people feel that the outcome was a miscarriage of justice or that they did not get a fair chance to plead their case. Most believe that although they were guilty of a crime, the conviction should not have a continuing impact on their lives.

These individuals have the option of seeking post-conviction relief. Post-conviction relief may be mandatory in some cases but remains discretionary in others. A California post-conviction relief lawyer can accomplish various remedies including motions to vacate, certificates of rehabilitation, and sealing criminal records. Reach out to a post-conviction relief attorney to begin building your case.

Tips for Pursuing Post Conviction Relief in California

Finding relief from a prior conviction can be very beneficial. However, most people who pursue post-conviction relief can become overwhelmed by the options available to them. Here are a few tips that we give to clients who want to pursue relief from a prior conviction, arrest, or charge.

1. Set Your Goals – What is the reason you are pursuing conviction relief? Do you want to pass a background check? Do you want to be resentenced? Are you trying to reduce a felony conviction to a misdemeanor? By determining what your goals are, an attorney can work with you to choose the best form of relief for your specific situation.
2. Access Your Rap Sheet – You may already have access to your rap sheet, but if you don’t, we recommend getting a Live Scan done. By doing this, you will be able to check all the specific charges against you and what happened in court. We have talked to numerous clients who are surprised by what their rap sheet states about what happened in court.
3. Establish the Time Frame – It is very important to establish the date of the event that you are trying to get relief from and using that to determine how much time has passed. Sometimes, the court will not allow you to ask for relief if a certain amount of time hasn’t passed since the incident. By establishing the time frame, you can ensure that you meet the requirements for relief based on your specific circumstances.

Examples of Post-Conviction Relief

Motion to Vacate (Immigration)

Individuals who are no longer in criminal custody can file a motion to vacate a conviction or sentence if there is evidence that they did not understand the immigration consequences of a guilty plea pursuant to Penal Code 1437.7

Certificate of Rehabilitation & Pardon

An individual who files for a certificate of rehabilitation will not have their criminal record changed, but these can serve as court-sanctioned evidence that person has improved their life.

Expungement Under PC 1203.4

Our expungement lawyers can achieve a dismissal pursuant to Penal Code 1203.4. Under this code, individuals who are granted an expungement are no longer convicted of the crime. However, it does not erase the crime from your record.

Petition to Seal an Arrest

Individuals who were arrested and no charges were filed against them have the opportunity to petition to seal their arrest. If granted, law enforcement will seal your records for three years before destroying your arrest records.

Motion to Vacate (Trafficking)

Individuals who are no longer in criminal custody can file a motion to vacate a conviction or sentence if there is evidence that they committed the crime while being a victim of human trafficking under Penal Code 236.14

Motion for Factual Innocence

Individuals may ask the court to make a finding that they never committed a crime. The individual filing the petition has the burden of showing why they were factually innocent. If granted, police will seal and destroy the arrest records.

Early Termination of Probation

Individuals can ask the court, more specifically a judge, to grant an early termination of probation if they have completed their probation requirements and believe their probation is prohibiting them from contributing to society.

17(B) Sentencing Reduction

Individuals who were convicted of a felony “wobbler” offense (offenses that can be charged as either a misdemeanor or felony) can ask the court to reduce their previous felony conviction to a misdemeanor.

Writ of Error Coram Nobis

Individuals may ask the court to correct its original sentence based on a discovery of a fundamental error that was not in the original judgement records and would have altered the outcome of the case.

Contact The Nieves Law Firm

Obtaining post-conviction relief can be a first step towards better prospects in life. In many cases, new developments in California law require courts to dismiss or seal a criminal record upon receiving a qualified petition. Other statutes give a court the discretion to evaluate whether a person is entitled to post-conviction relief. Obtaining these benefits can help prevent deportation, dismiss a conviction, or even certify an individual as having been rehabilitated.

A post-conviction relief attorney could help you evaluate your options for post-conviction help. They can work to gather a criminal record, investigate your rights under the law, and file the necessary paperwork to begin the process that is right for you. Contact a California post-conviction relief lawyer from The Nieves Law Firm today to schedule a free, 30-minute consultation. Click here to schedule a consultation.