RECORD CLEARANCE/EXPONGEMENT -WHY ONE SHOULD NEVER WAIT Over the last several years the law practice has cleared prior convictions for many clients all over California. If the person has cleared probation and or parole and has paid all fines and fees he or she can withdraw their previously entered plea's (and have the complaint dismissed). During these recessionary times a criminal record can create an unmoveable impasse in getting that job, apartment or a loan. Never in recent memory has a criminal conviction caused such economic hardship. The process is fairly straight forward and can be argued before the court within a few short weeks of filing. Even an arrest can be cleared under certain circumstances. The law office's official website profiles testimonials and conveys over two exciting pages on this very important entitlement. The web page can answer many questions and appointments can be scheduled quickly. If interested a free 35 minute consultation can start the process. The website for PC Section 1203.4 and Section 17 can be found at :hwgreen.net. Once the judge signs the order one no longer has to admit past criminal convictions (for that case). Many people have earned immediate raises, promotions and internships( from having a criminal conviction exponged). On probation of any kind? You can get that terminated early . The catch? You need to complete two thirds of the probationary period. I have seen that period end sooner with the right set of circumstances so please ask about early termination of probation during the initial consultation. Again the website is hwgreen.net.via hwgreen.typepad.comvia hwgreen.typepad.comvia hwgreen.typepad.com
petition for “factual innocence” under Penal Code Section 851.8. applies to people who have not been proven guilty or pleaded guilty, and the relief results in a much superior “cleaning” of the arrestee’s record. The arrestee needs to prove to the Court that he or she did not just get the charges dropped due to lack of evidence or the victim asking it be dropped, but that there is actually no evidence upon which a reasonable person would believe he or she was guilty. This process may result in the police, Prosecutor, Court, and Attorney General all physically destroying their records of the arrest and charges. It is, obviously harder to get than simple expungement relief.
This relief is available to anyone arrested, but who was not charged with any crime in court; or to someone who was arrested and charged, but the charge was then dismissed; and also to a defendant who was arrested and charged, but was later found not guilty at trial. This petition can be granted when you can prove to the judge that your client was actually innocent of the charge, not merely that it was dismissed or an acquittal rendered just because the evidence was inadequate or missing. Obviously, due to the presumption of innocence, many guilty people can be acquitted or have the charges dismissed. That won’t be enough for this method of cleaning your client’s criminal record.
The Court won’t grant the factual innocence petition unless it finds that “no reasonable cause exists to believe that the arrestee committed the offense”. That is significant. It means that if the Prosecutor opposes the petition and introduces incriminating evidence that could have allowed a jury to convict, then the petition should be denied. This may occur if the District Attorney dismissed the case due to inability to get admissible evidence in to court, though he believed strongly that the accused was guilty. Remember, it is not enough that there was a good defense that might have gained an acquittal at trial. You must prove that under the current evidence, no reasonable person would think that your client is guilty.
Because the court order to seal/destroy the criminal records itself will be destroyed as well, you must be careful to obtain several certified copies of the order and put them in a very safe place. The Court will not be able to give you another copy years later if you lose yours. In addition, all of the court indexes and print-outs of past criminal cases will have to delete the mention of your client’s name. You should go to the Court House and check the indexes a couple of months after the destruction of records is supposed to have been done. The State agencies that shared your arrest records with other agencies are ordered to request those other agencies to destroy their copies too. Due to the Federal Government being constitutionally supreme over state governments, a state cannot force the Feds to destroy their mug shots and fingerprint records, but the Feds generally co-operate.
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