Riverside criminal defense attorney H. Charles Gorian is knowledgeable in all aspects of the expungement process as well as other post-conviction relief measures. He is one of only a few Riverside County expungement attorneys who file Certificates of Rehabilitation and Pardon for clients.
Gorian regularly handles all manners of post-conviction relief cases, including:
- A motion to reduce a felony to a misdemeanor Penal code section 17(B)
- A Certificate of Rehabilitation and Pardon (COR)
- Penal Code Section 290 Sex Registration Termination
- Restoration of Gun Rights
- Finding of Factual Innocence
If you are interested in discussing an expungement or other post-conviction relief case, please call, email, or fill out our online form today for your free, no-risk case evaluation.
“Expungement” is the legal process of removing a past conviction from your criminal record. Not all convictions are eligible for expungement, and not all convicted persons are eligible to have their conviction expunged. How do you know if you are eligible?
Riverside expungement attorney H. Charles Gorian can answer your questions regarding the process. He knows the California Penal Code inside and out. Let us help you determine whether or not you qualify to have your criminal record cleaned up.
California Expungement Law
The defendant can file this motion if he/she is not on probation for any offense or charged with the commission of any offense and one of the following three apply:
- The defendant has successfully fulfilled all terms of probation for the entire period of probation;
- The defendant has been discharged from probation prior to the termination of the period of probation; or
- In any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section.
The Court will allow the defendant to withdraw his or her plea of guilty and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations against the defendant.
Once granted, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted.
Limitations of an Expungement:
- In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted and the accusation dismissed.
- The order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission
In other words:
- You satisfied the terms of your probation
- You are not facing any subsequent charges
- You are not currently serving a sentence for a subsequent conviction
Speak with an experienced expungement lawyer today to learn whether or not you are able to have a conviction erased from your record. If you were granted probation and you fulfilled the terms of your probation, you may be able to have your record cleared of your guilty plea.
What Are the Benefits of Expungement?
Having a “black mark” on your criminal record can make it difficult to get the job, house, or loan that you want. When properly done, an expungement can remove barriers to gainful employment and provide access to professional licenses. Expungement can also bring emotional relief.
Clear Your Record! Contact an Expungement Lawyer in Riverside County
You owe it to yourself to get your conviction erased for good. The Law Office of H. Charles Gorian can guide and represent you through every step!
Contact our Riverside EExpungement attorney today or use our online form to reach out. Call us at (951) 395-0511 to get started!
Certificates of Rehabilitation
None of us is the same person we were yesterday, and yet people who have been convicted of a crime often feel as if they are always being judged upon their past. California allows people in such situations to try to better their futures and clear their names through the use of Certificates of Rehabilitation (COR). If granted, a COR shows in an official manner that someone has adjusted and improved their behavior since being convicted of a serious crime and has no intent to ever commit such a crime again.
The Law Office of H. Charles Gorian is a leading criminal defense law firm in Murrieta that can manage any sort of post-conviction or post-trial case, such as Expungement and Certificates of Rehabilitation. If you want to know how a Certificate of Rehabilitation could help you return to a successful and stress-free life, then you should not hesitate to contact our team for a no-cost, no-obligation consultation.
Not everyone who has been convicted of a crime in California can petition for a Certificate of Rehabilitation, but it is always worth investigating. In general, California reserves CORs for convicted felons and people who have been convicted of certain misdemeanor sex crimes. Individuals who would be eligible for a COR must not be arrested, charged, or convicted of a crime of any kind for a certain amount of time in order for the COR petition to even be considered.
A person is eligible to apply for a Certificate of Rehabilitation if he/she:
- Has been convicted of a felony and served a sentence in a California prison or other state penal institution or agency;
- Was discharged on completion of the sentence or released on parole prior to May 13, 1943;
- Has not been incarcerated in a state prison or other state penal institution or agency since being released; and
- Presents satisfactory evidence of three years’ residence in California immediately prior to the filing of the petition. OR
- Was convicted of a felony or a misdemeanor sex offense, the accusatory pleading of which was dismissed;
- Has not been incarcerated in any penal institution or agency since the dismissal of the accusatory pleading;
- Is not on probation for the commission of any other felony; and
- Presents satisfactory evidence of five years’ residence in California immediately prior to the filing of the petition. OR
- Was convicted of a felony and, on May 13, 1943, was confined in a state prison or other institution or agency to which he/she was committed, or was convicted of a felony after May 13, 1943 and committed to a state prison or other institution or agency.
What can a Certificate of Rehabilitation do?
- Relieve specified sex offenders of further duty to register
- Enhance a person’s potential for becoming licensed by state boards
- Serve as an official document to demonstrate a person’s rehabilitation, which could enhance employment possibilities.
- Serve as an automatic recommendation and application to the Governor for a pardon.
What can a Certificate of Rehabilitation NOT do?
- Erase the felony conviction or seal the criminal record
- Prevent the offense from being considered as a prior conviction if the person is later convicted of a new offense
- Allow a person to answer on employment applications that he/she has no record of conviction. Restore the right to vote (this right is automatically restored after the person is no longer imprisoned or on parole).
Who Decides a Certificate of Rehabilitation Case?
To begin a petition for a certificate of rehabilitation, which is not an expungement or record sealing but instead a decree of your own behavioral improvements, a completed application needs to be filed with the right county clerk or probation department. Assuming that you have met the eligibility requirements, once filed, a Superior Court of California representative will eventually reach out to schedule a hearing date. During the hearing, you will need to prove to the court that you have not participated in criminal activity since your conviction and that you have indeed learned from the past. The Court will not approve a COR for anyone who might have a risk of recidivism – the likelihood of recommitting the same or similar crimes.
Your Future is Our Priority – Give Us a Call Today
Our firm is here to help you restore your good name with a Certificate of Rehabilitation. We take genuine pleasure in knowing that we have played an instrumental part in our clients’ lives and in improving them with our legal efforts and guidance. To learn how to start removing the weight of a conviction off your shoulders, contact us today and discover what a truly compassionate and experienced criminal defense attorney can do for you.
Contact our Riverside expungement attorney, Chuck Gorian, today or use our online form to reach out. Gorian is one of only a few attorneys in Riverside County that file Certificates of Rehabilitation and applications for Pardon. Call our Riverside expungement attorney (951) 395-0511 to get started!
Finding of Factual Innocence
Not every arrest conducted will be entirely justified or completed without error. In so many situations, people are arrested without committing any crime at all.
People can be arrested while entirely innocent due to:
- Mistaken identity
- Misinformation given to police
- Law enforcement prejudice
- General police errors or misjudgments
When a person is arrested without due cause, if this can be proven later, the resulting arrest record can be wiped clean or expunged through a motion for finding of factual innocence. Navigating the criminal justice system to reach this positive outcome often requires the direct guidance or representation from an experienced expungement attorney.
At The Law Office of H. Charles Gorian, you will find a highly knowledgeable and reputable criminal defense lawyers that earnestly want to see your case to a successful closure. For years, H. Charles Gorian has been a trusted name throughout Riverside, Murrieta, Corona, Temecula, and the surrounding regions when it comes to protecting and upholding the rights of the accused.
Wipe Your Arrest Record Clean
You may be able to utilize a motion for findings of factual innocence if your arrest never actually leads to charges filed against you. Investigators working with the prosecution have the responsibility of determining if the proposed charges are backed by enough adequate evidence to warrant filing them. If not, the charges will be dropped before filing, yet the arrest will still remain on your record.
It is presumed that the defendant is innocent by virtue of the charges never coming to fruition. Innocence is not absolutely proven, though, which will be necessary for the findings of factual innocence motion to be approved. You can work with our criminal defense lawyer to show clearly during a hearing that your arrest was erroneous and should be wiped off your record. When an expungement is approved, it brings along many benefits, mainly the saving of your reputation and good name in public, social, and work environments.
Secure a Better Tomorrow Through Expungement
You deserve to be able to rest well knowing that you have not been wrongfully labeled as committing a crime you never committed due to a mistaken arrest. Start considering how expungement based on the finding of factual innocence could work for you today by contacting our Riverside expungement attorney at The Law Office of H. Charles Gorian. We would be happy to explain your options in greater detail during a no-cost case evaluation.
Call (951) 395-0511 or use our online form now to request a free consultation with our Riverside expungement attorney.