A criminal conviction can have several consequences that extend beyond fines and jail time. Having a criminal record could have serious ramifications on your housing, immigration status, employment, relationships, and adoptions. Fortunately, some convictions are eligible for an “expungement” — which is a dismissal of the case in California. Petitioning to dismiss a case after a conviction could alleviate some of the long standing barriers and allow you to move forward with your life.
If you or a loved one were convicted of a crime, you might be able to have your record sealed with the help of an accomplished defense attorney. An experienced Martinez expungement lawyer could review your charges and answer any questions you have about the process.
Expungement refers to the legal procedure to relieve the defendant from the personal consequences acquired by a conviction, as established in California Penal Code §1203.4 . It should be noted that criminal records in California cannot be removed entirely from public view; therefore, what’s referred to as an “expungement” in California does not result in a sealing or erasing of the record but rather the entry to the criminal record converts to a dismissal.
Eligibility requirements prevent some defendants and convictions from being expunged. For instance, most sex crimes involving minors do not qualify for expungement. Additionally, a defendant that went to a California state prison at the time of judgment or for a probation violation cannot have his or her record sealed.
On the other hand, defendants with a felony or misdemeanor conviction who were granted probation, are not presently charged with a crime, are not on probation for a crime, and are not serving time for a crime could be eligible for expungement.
People could increase their chances of getting their conviction expunged by working with a diligent expungement attorney in Martinez.
When a person is convicted of a crime, he or she will have a public criminal record. This public record could interfere with a person’s ability to secure employment, housing, student loans, professional licenses, and citizenship.
Expungement could be highly beneficial because a conviction that has been dismissed is treated as if the conviction did not occur in most situations. Additionally, an expungement could prevent the dismissed conviction from undermining a person’s credibility in certain court proceedings.
Overall, having a criminal record dismissed could provide personal satisfaction and improve a person’s quality of life. A competent local attorney could determine if someone qualifies for an expungement and help him or her consider their options.
People can apply for expungement as soon as they complete their probation and meet all other eligibility requirements. In Martinez, an expungement attorney could expedite the process by filing a petition to secure early termination of probation.
Many courts are inclined to award early terminations of probations when the convicted party demonstrates good character and has completed all other probation requirements besides the sentence. An early termination of probation and expungement could allow people to move forward with their lives with confidence.
Although a record in California will not be erased or sealed by filing a Petition to Dismiss the conviction under 1203.4, it is modifiable from a conviction to a dismissal and can reduce the obstacles an individual may face due to his or her criminal history. People interested in expungement could benefit from having a legal professional guide them through the process.
A seasoned Martinez expungement lawyer could determine your eligibility and answer any questions you have about dismissing a conviction. Call our firm today to schedule your initial case consultation.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
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!