For over forty years, the Dolan Law Offices have provided post-conviction services including expungements to help the residents of the Coachella Valley clear their criminal records to restore their future as productive, law-abiding members of the community. There are not many attorneys more experienced in helping California residents clear their criminal records than John Patrick Dolan.
The following provides a summary of five post-conviction options for former defendants. The Law Offices of John Patrick Dolan have helped former defendants find post-conviction relief for more than 30 years.
Despite what many Californians believe, criminal convictions do not “vanish” or clear automatically over time. However, California Law allows former defendants to clear a conviction by having the case dismissed and the conviction set aside. Anyone with a minor criminal history should consider an expungement of a criminal record as a regular course of action.
California’s law applicable to the expungement of criminal records is California Penal Code §1203.4. This law requires a seasoned understanding. The assistance of an experienced and knowledgeable post-conviction attorney is indispensable for those formerly convicted of any criminal offense, especially a felony, who wish to pursue an expungement under § 1203.4.
Motion for Early Termination of Probation
Individuals who wish to terminate their probation early may do so under California Penal Code §1203.3. They may do so while also simultaneously filing for an expungement under California Penal Code § 1203.4. Terminating probation early allows individuals the chance to continue to live their lives normally without the harsh restrictions imposed by probation. It also permits individuals to pursue employment opportunities without the pressure of admitting to a past conviction on an employment application.
Motion to Reduce A Felony to a Misdemeanor
Penal Code § 17 (b) allows California courts to reduce a felony to a misdemeanor “when the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.” Defendants are therefore eligible for a reduction of a charge from a felony to a misdemeanor whenever probation is ordered instead of a prison sentence or a suspended prison sentence.
Certificate of Rehabilitation
Persons who have been convicted of a crime and served any amount of time in state prison are not eligible for expungement of the underlying conviction in the state of California. Yet, these individuals are not without some recourse to demonstrate their present status as people who contribute positively to society. A Certificate of Rehabilitation under California Penal Code § 4852.01 acts as a persuasive endorsement validated by the court showing that any criminal history is in the past and that the individual is now a valued member of the community and society.
As a California Criminal Trial Lawyer with over 40 years of courtroom experience, John Patrick Dolan has handled everything from traffic tickets to death penalty murder cases. These four decades of experience have helped John Patrick Dolan help his clients obtain the best resolution possible when freedom and reputation are at stake. Mr. Dolan is a recognized California State Bar Certified Specialist in Criminal Law and a true courtroom veteran of domestic violence defense cases. Call us today at (760) 775-3739 or find out more online here.