San Bernardino expungement attorney serving Pomona, Fontana, Rancho Cucamonga, Victorville & all of San Bernardino County
Arrest and conviction records can prevent you from getting or keeping a job or professional license. In competitive job markets, having a clean record may be a huge advantage over someone with arrests or convictions. If you want to clean up your arrest or conviction record, San Bernardino expungement attorney Marcie Gardner can help you. How you go about cleaning your record depends on what is in your background and what type of sentence you served. The options include expungements (along with requests to reduce felonies to misdemeanors), requests for early termination of probation, certificates of rehabilitation, pardons, and petitions for factual innocence. The proper approach for you depends on a variety of factors. The following are some general guidelines about each process. For specific information, contact San Bernardino expungement Attorney Gardner.
EXPUNGEMENTS
Generally available for people convicted of most (not all) misdemeanors, infractions and felonies (so long as you did not serve a prison sentence for the underlying crime or on a violation). These requests are made in the court in which the conviction occurred. Filing fees apply. If expungement is available and you successfully completed probation with absolutely no problems, you should be granted the relief. Often times court appearances are not required. If you had any problems while on probation, or if you had a felony conviction and want it reduced to a misdemeanor, it is a good idea to hire an experienced expungement attorney. In these scenarios, the relief is discretionary with the judge. Having an expungement misdemeanor as compared to an expunged felony is much better for you. Attorney Gardner has successfully filed petitions for expungement even when her clients had some difficulties while on probation, and she has been able to get reductions from felonies to misdemeanors for her clients.
EARLY TERMINATION OF PROBATION
If you are currently on probation, you cannot request an expungement without the court first terminating your probation. This is discretionary with the court, meaning it is up to the judge whether to allow it or not. Before granting an early termination of probation, a court will confirm that you have complied with all outstanding obligations and will typically want you to have served about half the length of your probation. The court will consider things such as the underlying behavior in the criminal case, your progress on probation, the reason for the request, and your criminal background. It is often a good idea to hire an attorney to put together written paperwork to support this request. San Bernardino expungement attorney Gardner has successfully petitioned courts for early termination of probation for her clients (followed by an expungement).
CERTIFICATES OF REHABILITATION
Generally speaking, someone who served a prison sentence can apply for a certificate of rehabilitation. The rules for filing these certificates are complicated, and you cannot apply until a set amount of years have gone by since your incarceration or discharge from parole. This time frame depends on the type of crime involved. These requests are filed in the county in which you currently live, regardless of where the crime occurred. Once filed, the District Attorney’s Office conducts an extensive background investigation. The court then holds a hearing. Because of the complicated nature of this request and the court’s ability to deny the request, it is important to work with an attorney. San Bernardino expungement attorney Gardner has successfully obtained certificates of rehabilitation.
PARDONS
Although not often granted, the California Governor has the ability to pardon offenses. A successful certificate of rehabilitation will automatically turn into a pardon application. You can also petition the Governor’s Office for a pardon. If you seek this relief, San Bernardino expungement attorney Gardner can refer you to attorneys with experience in this area.
PETITIONS FOR FACTUAL INNOCENCE
If granted, a finding that you are factually innocent of a crime will seal your arrest record. The process for requesting this relief depends on what happened to the criminal case for which you were arrested. Generally speaking, to start this process, you have to file a petition and give notice to the District Attorney’s Office. Both sides submit paperwork, and a judge will hold a hearing. The burden is on you to convince the judge that there was no reasonable cause to believe that you committed the crime for which you were arrested. It is important to understand that not all dismissed cases will automatically earn a finding of factual innocence. Cases are dismissed for many reasons, several of which have nothing to do with whether you are factually innocent of the crime. For example, Deputy District Attorneys sometimes dismiss cases because witnesses fail to appear in court (or are otherwise uncooperative), because they lose motions to suppress evidence (and can’t prosecute the cases without that evidence), or because they made a mistake in prosecuting the case within certain time frames. None of these dismissals involve a belief by the District Attorney’s Office that the person is factually innocent of the crime.
Because the burden is on you and a hearing is required, it is important to hire an experienced attorney to help you with this petition. San Bernardino expungement attorney Gardner has successfully obtained findings of factual innocence for her adult and juvenile clients. Attorney Gardner can determine which approach is appropriate in your case and assist with the paperwork and court appearances.
The process described above is very general, and there are often exceptions for various types of offenses (such as sex offenses). If relief is granted, it is also important to understand the limitations of each relief. Contact San Bernardino expungement attorney Marcie Gardner to discuss your options for clearing your record. Don’t let mistakes of your past cloud your future.
When working with Marcie Gardner, your initial consultation is always free of charge. No fee whatsoever. To contact San Bernardino expungement attorney Marcie Gardner, please call 909.635.2047.
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