Post Conviction Relief Attorney in Murrieta

A criminal conviction or arrest record can continue to affect your life long after the court case is over. Employment, housing, professional licensing, reputation, immigration issues in some cases, and other opportunities may all be affected by a past record. California law provides several forms of post-conviction relief and record-cleaning relief, but the right option depends on the type of case, the outcome, and your current circumstances.

California Courts explain that, although people often use the word “expungement,” true expungement does not exist in California. Instead, there may be different ways to reduce the impact of a California criminal record depending on your situation.

At the Law Office of H. Charles Gorian, we understand that clearing or improving a criminal record can be deeply important to a person’s future. In the right case, post-conviction relief may help reduce the impact of a conviction, improve employment and licensing prospects, or create a path toward additional relief. Our office provides strategic, one-on-one guidance tailored to the type of record and the goals involved.

Call (951) 395-0511 today for a free and confidential consultation.

Expungement in California: What It Means Today

Many people use the word expungement to refer to cleaning up a conviction, but California courts use more specific terms. In many misdemeanor and some felony cases, the most common form of relief is a dismissal of the conviction under statutes such as Penal Code section 1203.4.

California Courts explain that if you satisfied the terms and conditions of probation, or if you were granted early termination of probation, the court must grant a petition to dismiss. If you did not satisfy probation, the court may still have discretion to grant relief in the interests of justice.

California Courts also explain that if you were never given probation, you generally must wait at least one year from the date of conviction before requesting dismissal relief in an eligible misdemeanor case. The court forms commonly used for this process are CR-180 (Petition for Dismissal) and CR-181 (Order for Dismissal).

What a Dismissal Can and Cannot Do

Under Penal Code section 1203.4, if relief is granted, the court allows the defendant to withdraw a guilty or no contest plea, or sets aside the verdict, and then dismisses the accusation or information. But the relief is not absolute.

The statute specifically says that the conviction can still be pleaded and proved in a later prosecution and that the relief does not eliminate disclosure obligations for certain applications, including public office, state or local licensure, or contracting with the California State Lottery Commission.

Arrests With No Conviction and Record Sealing

If a person was arrested but not convicted, California law may provide a different type of relief: sealing of arrest records rather than dismissal of a conviction. California Courts explain that a person may be able to seal records under Penal Code section 851.91 if, for example:

• no charges were filed
• charges were dismissed
• diversion was completed and the case was dismissed
• the person was acquitted at trial.

California Courts also explain that some arrest records may already have been automatically sealed by DOJ under Penal Code section 851.93, although court relief may still provide additional benefits in some situations.

Finding of Factual Innocence

A finding of factual innocence is different from ordinary record sealing or dismissal. Under Penal Code section 851.8, a person may seek a declaration of factual innocence in qualifying situations involving arrest records. If granted, the finding can support sealing and other relief. California law also provides that if a person secures a declaration of factual innocence under section 851.8 or 851.86, the finding is binding on the California Victim Compensation Board for certain compensation purposes.

This type of relief is not available simply because charges were never filed or because a case ended favorably. It requires a stronger showing that the person was factually innocent of the offense for which the arrest was made.

Certificate of Rehabilitation

A Certificate of Rehabilitation is a court order stating that a person who was convicted of a qualifying offense and has lived a rehabilitated life is rehabilitated. California Courts explain that a Certificate of Rehabilitation does not erase the criminal record, but it may help with employment and state licensing and serves as an official application to the Governor for a pardon.

California Courts also explain several important eligibility rules, including:

• you must have lived in California continuously for the past 5 years before applying
• there is a required rehabilitation period that, in general, means you cannot apply until at least 7 years have passed since release from jail, prison, parole, or probation, whichever happened first
• the exact waiting period can vary based on the conviction.

California Courts further explain that a Certificate of Rehabilitation may, in very rare cases, help end sex offender registration requirements, but it does not erase the conviction.

Pardons

A California Governor’s pardon is a separate form of relief. California Courts explain that there are two ways to apply for a pardon: through a Certificate of Rehabilitation or through a Direct Pardon application. If a person gets a Certificate of Rehabilitation, it is sent to the Governor as the official application for a pardon.

A pardon does not erase the conviction, but in the right case it may help relieve some of the legal disabilities associated with a conviction and may improve opportunities going forward. Because pardon eligibility and effect are highly case-specific, it is important to evaluate this relief carefully.

Felony Reductions and Proposition 47 Relief

In some cases, California law may also allow a felony conviction to be reduced. California Courts explain that under Proposition 47, some individuals may still ask the court to reduce certain felony drug possession and low-level theft convictions to misdemeanors under Penal Code section 1170.18. California Courts also note that the prior filing deadline was removed, so eligible individuals may continue to request this type of relief.

Because reduction eligibility depends on the exact conviction and criminal history, not every felony qualifies.

Why Post-Conviction Relief Matters

Post-conviction relief can make a meaningful difference in a person’s future. Depending on the type of relief and the case, it may help with:

• employment and background checks
• housing opportunities
• professional and occupational licensing
• reducing the impact of an old conviction
• improving the chances of additional relief such as a Certificate of Rehabilitation or pardon.

But because the law is highly technical and relief options vary depending on the record, it is important to evaluate the case carefully instead of assuming that every conviction or arrest can be “expunged.”

Speak with a Post Conviction Relief Attorney in Murrieta

If you want to reduce the impact of a conviction, seal an arrest record, seek a Certificate of Rehabilitation, or explore “expungement” other post-conviction options, it is important to determine what type of relief may actually be available in your case. A careful review of your record can help identify the strongest available path forward.

The Law Office of H. Charles Gorian represents clients throughout Murrieta, Temecula, Riverside County, and San Bernardino County. Call (951) 395-0511 or use our online form now to request a free consultation.