Even though you have a criminal record, you can take steps to minimize its impact on your life. Expungement, certificate of rehabilitation, or pardon may be available to you. You may even be able to get your felony reduced to a misdemeanor .
Achieving these goals requires technical legal steps and filings. Rely on a lawyer from Christoph Law Offices to take care of your case and get you the legal relief you need .
Get a Felony Reduced to a Misdemeanor or Certificate of Rehabilitation
To minimize the impact of your criminal record, the Christophs will provide you with legal counsel telling you if any of these legal remedies are available to you:
- Certificate of rehabilitation and pardon application
- Felony reduction to misdemeanor
- PC 1170.18 (Prop 47) misdemeanor reduction
Other clients have enjoyed the following results from these legal proceedings:
- Delete misdemeanor sex offender registration
- Minimize conviction for some background checks
- Allow licensing for employment
- Assist in getting security clearances
- Assist for immigration purposes
- Qualify for firearm possession
- Eliminate a felony record
What Does an Expungement Mean in the State of California?
With an expungement, your conviction will appear as "dismissed" as provided for by California Penal Code 1203.4, the expungement section.
An expungement of a criminal case in California, prevents an employer from using it in nearly every situation. Effective this year, 1/1/2014, California Labor Code 432.7 states "no employer shall ask an applicant for employment to disclose" information concerning a case dismissed, diverted, sealed or expunged. An employer cannot try to find information about those cases and cannot use those cases as a factor for hiring, promotion or termination. An employer can ask about cases an applicant has pending. There are some exceptions for use of expunged offenses, like for governmental agencies employing peace officers etc.
PC 1170.18 (Prop 47) Misdemeanor Reduction
California PC 1170.18 (aka Prop 47) became law this November 2014 and has had a huge effect on the criminal justice system. This law makes many theft and drug charges misdemeanors that have been felonies in the past. It is also retroactive which means that if you have been convicted of one of the crimes that are now misdemeanors, you can have your charges reduced to misdemeanors in most cases. There are very few exceptions. The reduction and resentencing, however, do not restore gun rights.
The Courts are setting up the procedures to get the reduction and resentencing for those with prior convictions and those serving sentences. An application or petition must be filed depending on the circumstances. The most immediate concern of the Courts is to review those defendant's cases that are in jail or prison. This law is resulting in their immediate release from custody. PC 1170.18 (aka prop 47) makes most simple drug possession charges for personal use misdemeanors like methamphetamine, hashish, and previously non-reducible heroin and cocaine. Regardless of priors, these charges are misdemeanors as are theft charges involving value of $950 or less, regardless whether it was also charged as a 2nd degree burglary, theft with priors, receiving stolen property, forgery, or nsf checks. It does not matter if you have had theft priors if the new case is a petty theft then it is a misdemeanor.
PC 1170.18 (aka prop 47) is new; it affects thousands of people and can mean that they no longer will have a felony conviction and suffer the issues that come with a felony record like employability, licensing, possibly immigration, education, careers and many other benefits that individuals may now be eligible. This process will not restore gun rights but will result in a misdemeanor record only
Contact an Escondido Criminal Record Clean-Up Attorney
To discuss your situation with a Vista expungement attorney, contact the Vista, California, lawyers at the Christoph Law Offices. Call 760-659-2149 or contact us online to schedule your free lawyer consultation.