A felony conviction can have a devastating impact on your life. The economic, social, and emotional toll of that conviction can leave a permanent mark on you and your family, especially in situations that require you to serve time in prison.
While California law does not allow convicted felons to completely erase their past conviction, it does allow individuals to seek out a state-issued confirmation of their rehabilitation. Known as certificates of rehabilitation, these documents can serve as evidence of your willingness to live within the law and your commitment to a new way of life.
If you were convicted of a serious crime in Dublin, certificates of rehabilitation may be available to help you start over after you serve your sentence. A dedicated criminal lawyer could work with you to gather the necessary documentation, file it with the court, and advocate on your behalf in and out of court.
In California, only convicted felons are eligible to apply for a certificate of rehabilitation in Dublin. Even within this group, though, applicants must meet very specific requirements. For example, people convicted of sexual assault upon children or other sex-related acts involving children are never eligible for this relief.
Under, California Penal Code §4852.03 the period of rehabilitation begins once the petitioner has been released from custody or upon his or her release on parole, PRCS, or probation, whichever is sooner. The applicant must have been out of prison for at least five years and an additional waiting period of two to five years applies depending upon the charge. (i.e. 5 years for crimes requiring sex offender registration, 4 years for murder, and 2 years for most other crimes). During this rehabilitation period, the petitioner must live in California and live an honest and upright life, conduct himself or herself with sobriety and industry, exhibit a good moral character, and remain crime free.
The certificate of rehabilitation process in Dublin begins with the applicant filing the appropriate forms in their county of residence. This is in contrast to most other forms of post-conviction relief that requires filing the petition in the court that heard the original case. In the petition, the applicant must provide details concerning their felony conviction, the sentence served, and their current living situation. They will also want to include their points and authorities, declarations, evaluations, and information about their rehabilitation.
The court schedules a hearing once it receives the application. This hearing will address how the petitioner has changed their way of life, what they are doing to earn a living, and how they have prevented any relapse into criminal behavior. An attorney can help individuals draft the motion, gather appropriate documents and present it persuasively in court.
If this motion is successful, it would not result in a completely deleted criminal record. However, the certificate may be presented to potential employers, housing agencies, and loan officers as proof that a person’s past has been put behind them. In addition, the receipt of a certificate of rehabilitation may terminate a defendant’s requirement to register as a sex offender in certain situations.
Any conviction for a felony-level crime is a life-changing event. Unfortunately, even after you serve your time, the mark of being labeled as a felon can affect every aspect of your life. While a certificate of rehabilitation cannot remove this mark completely, it could serve as official notice that you have moved on in their life.
A criminal attorney could help you evaluate if you qualify for a Dublin certificate of rehabilitation. They could then help you gather the necessary information and submit it to court, and later attend the hearing to argue on your behalf. Call today to begin the process of getting a fresh start on life.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!