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    Know and Protect Your Rights in a Criminal Defense Matter

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      Know and Protect Your Rights in a Criminal Defense Matter

          Bay Area Post-Conviction Relief Lawyer

          The negative consequences of a criminal conviction can continue to impact your life long after the case comes to a close. The punishment the court specifically gives you (fines, jail time, and other terms and conditions of probation or parole) are only a small portion of the full effect the conviction can have on your life. At The Nieves Law Firm, we help individuals with a variety of post-conviction remedies, and we have the experience needed to target excellent results and life-changing outcomes. En Español

          Post-conviction relief in the Bay Area can be very beneficial, especially if you:

          • Have Trouble Finding Employment
          • Are Dealing with Immigration Problems like Deportation
          • Were a victim of human trafficking when convicted
          • Cannot Obtain a Professional License
          • Want to Pursue Further Education
          • Are Having Difficulty Finding Housing
          • Are registering as a Sex Offender
          • Have lost rights due to your status as a convicted felon
          • Want to Get a Sentence Reduced for a lengthy prison sentence

          Post-conviction relief can provide an individual with the opportunity to put their conviction behind them and go on to lead a joyful and fulfilling lives. Our Bay Area post-conviction relief lawyers have helped a large number of clients receive post-conviction relief. Here is what some previous clients said about the post-conviction work we did for them.

          two images of white text over red background stating positive testimony from previous clients

          The work by our award-winning attorneys in this specialized field of law is so exemplary that we have even been recognized by a California judge in a published legal opinion. We understand these cases, how they work, and what it takes to get our petition, motion, or other form of relief granted. Contact us today to schedule a free consultation and further discuss your conviction relief needs.

          What is Post-Conviction Relief and What Types of Relief are Available?

          Post-conviction relief is a form of relief that Californians can pursue after their case comes to a close. Post-conviction relief can be very important for individuals looking to move on from a past conviction and move forward with their life. While relief is always good, it is important that you understand the type of remedy you want to pursue. There are a number of post-conviction relief options, including but not limited to:

          • PC 1473.7 or PC 1016.5 Motion to Vacate (Immigration) – A Penal Code 1473.7 motion is a form of relief that allows an immigrant to vacate a conviction if they can show that they did not meaningfully understand the immigration consequences of their plea due to the prejudicial error of their attorney and they are now facing immigration consequences due to the plea. Under PC 1016.5 a plea can be vacated if the court failed to properly advise on the immigrations consequences associated with a plea.
          • PC 236.14 Motion to Vacate (Human Trafficking Victims) – Under Penal Code 236.14 there is a form of relief offered to individuals who were convicted of a crime that was the direct result of being a victim of human trafficking, have now removed themselves from the human trafficking schema, and vacating the conviction is in the interest of justice and the best interest of the survivor.
          • PC 4852 Certificate of Rehabilitation – Convicted felons (especially those who have served state prison time and aren’t eligible for Penal Code 1203.4 dismissals) and individuals accused of most sex offenses who are required to register as sex offenders (including misdemenaor sex offenses but excluding most sex offenses that involve children) are eligible to apply for a certificate of rehabilitation. This remedy provides an actual certificate to the individual stating that (1) the court of competent jurisdiction finds them fully rehabilitated and certifies that rehabilitation (2) recommends them for a pardon from the Governor. This relief provides the applicant with a tangible certificate that can be used as proof of rehabilitation in many of their future endeavors.
          • PC 1203.4 Petition to Dismiss a Conviction – Penal Code 1203.4 provides an avenue for individuals convicted of many offenses did not serve state prison time to request a dismissal of their offense. This is the California version of an “expungement.” There is no expungement process in California that deletes or erases a conviction off of a record.  Instead, the relief provided is changing the conviction to dismissed status so the individual can honestly say that they have not been convicted of a crime once granted.
          • Penal Code 1203.3 Early Termination of Probation – Fairly straightforward, this form of relief grants early release from probation.
          • PC 851.91 Petition to Seal an Arrest – Under Penal Code section 851.91 an individual who has not been convicted of an offense can ask for their arrest to be sealed from public view. This relief is only available for arrests that did not result in a conviction – meaning it was never charged, dismissed after charging without judgment of conviction ever entering, or there was an acquittal after trial.
          • PC 851.8 Motion for Factual Innocence – A form of relief that asks the court to find that you never actually committed a crime and were therefore factually innocent. Getting a Penal Code 851.8 motion granted will not only result in the sealing of the record but after three years, the records will be destroyed with the Department of Justice.
          • 1170(D) Request for Resentencing – A form of relief that allows an individual to ask the District Attorney to consider recommending them to the court for resentencing. The individual can also be recommended for resentencing sua sponte by the Board of Parole or the Department of Corrections. There is no jurisdiction for the individual to file their own request for resentencing under this statute with the court but there is a provision that allows the individual to ask the District Attorney to make the recommendation to the court on their behalf based on their post-conviction conduct and character while incarcerated and their rehabilitation.
          • Franklin Hearings – Critical hearings for individuals who qualify as Youth Offenders and are serving lengthy sentences. Prisoners who committed their crime while under the age of 26 but have been sentenced for 15 years or more in state prison can request a Franklin Hearing to ensure that the mitigating factors related to their status as a youth offender or juvenile are lodged in the record and considered at the time of their youth offender parole hearing. There are exclusions such as second strikers and youth offenders who were sentenced to Life without the Possibility of Parole.
          • PC 17(B) Reduction – A form of relief available to individuals who were previously convicted of a felony offense that allows them to reduce their felony to a misdemeanor. To be eligible, the offense must have been a “wobbler” (an offense that can be charged as either a misdemeanor or felony).
          • Writ of Error Coram Nobis – A form of relief that allows a person to ask the courts to correct their original finding based on a discovery of a fundamental error. This is an extraordinary form of relief but is a useful remedy in many cases where all other avenues have been exhausted.

          The above-mentioned remedies are not an exhaustive list and do not itemize all eligibility considerations for the relief.  There are many different forms of post-conviction relief available in the Bay Area. If you would like assistance with a form of post-conviction relief listed above or need assistance determining which type of relief is best suited for you, we can help. Our Bay Area post-conviction relief lawyers have substantial experience with these cases and understand the benefits of each form of relief. Call our team today to schedule a confidential consultation to learn more.

          Contact a Bay Area Post Conviction Relief Attorney

          At The Nieves Law Firm, our mission is to take the “criminal” out of criminal defense, whether that is through a criminal trial or post-conviction remedies. We have been successful in our pursuit of post-conviction relief for previous clients and would love the opportunity to help you find the relief that you need to put your prior conviction behind you. Contact a Bay Area post-conviction relief attorney on our team today to schedule a free, 30-minute consultation.

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