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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 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

Attorney Jo-Anna Nieves explains Post-Conviction Relief
Attorney Jo-Anna Nieves explains Post-Conviction Relief

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.

Our Mission

At The Nieves Law Firm, we believe in compassion, forgiveness, and rehabilitation. That people are beautiful and change just like seasons. We believe in thoughtful communication and plans for a brighter future. We believe in restoring reputations and dreams. That we aren’t defined by our worst mistake and obstacles are meant to get over. We believe in taking the “criminal” out of criminal defense.

We Believe In You.

What People Say

Kevin S.

“Jo-Anna is also an expert in post-conviction relief. This includes expungements, motions to vacate, plea withdrawal, and other forms of relief. With her years of experience and knowledge in this specialized area of criminal law, she helps clients clear their records and get a fresh start.”

- Kevin S. Google
Eric G.

“I ‘served my time’ and paid all my fines and fees, but for years after my criminal record was keeping me from jobs and being able to rent an apartment on my own. The Nieves Law Firm took the wheel and handled my case professionally. They couldn’t have made it easier. I could not recommend them more!”

- Eric G. Google
Alex A.

“If you have any legal problems these guys will take care of it, especially if you need your criminal cases reopened and dismissed for immigration purposes. It is worth every penny you spend with them. They will tell you in advance what they can do and what they can’t do. I love them they gave me my life back.”

- Alex A. Google

Real Cases. Real Results.

Certificate of Rehabilitation
Filed for Client Pursuing Professional License
Certificate Granted
Motion to Vacate
Filed for Client Facing Immigration Consequences
Motion to Vacate Granted
Resentencing Request
Filed for Client Serving Sentence in California Jail
New Sentence Granted
Governor's Pardon
Filed for Client Having Trouble Finding Housing
Pardon Granted
Motion to Vacate
Filed for Client Facing Immigration Consequences
Motion to Vacate Granted

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

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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.

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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.

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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.

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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

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Board of Parole Hearings

Parole is a form of conditional early release from incarceration that allows an individual to serve the remainder of their sentence in the community. Parole is impacted by the person’s conduct while incarcerated.

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1170(D) Request for Resentencing

Individuals who were previously convicted of a crime can file a motion for resentencing that requests the prison sentence to be modified. Typically, these involve requests for early release from incarceration.

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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.

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Franklin Hearing

Individuals who were convicted of a crime they committed while they were a minor can request to have their sentence reduced. At the hearing, they can present evidence related to their age at the time and why their sentence should be reduced.

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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.

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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.

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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.

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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.

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