Criminal Defense AttorneyCriminal law attorneyProposition 36Proposition 47

When Is Post-Conviction Relief Is Mandatory Under California Law?

By January 26, 2021 No Comments

Criminal convictions, regardless of the crime, generally remain on a person’s criminal record until it is actively removed. There is no defined passage of time that will cause the removal of a charge from an individual’s criminal record. This may cause problems when applying for a job or professional license. It may also be problematic when trying to enroll in school or applying for leases or mortgage loans.

Many believe that long-term consequences for a particular type of criminal conviction may be unfair and should not have a continuous impact on their lives. Fortunately, these individuals have the option of seeking post-conviction relief in California. Post-conviction relief may be mandatory in some cases but discretionary in others. An experienced California post-conviction relief lawyer may help any Californian obtain available post-conviction relief. This relief may include vacating a conviction or reducing a criminal charge from a felony to a misdemeanor.

No person with a criminal record should assume that post-conviction relief is unavailable as every criminal conviction is unique and not all post-conviction relief options are alike. A multitude of California statutes, propositions, and statutory amendments require California courts to provide post-conviction relief in California when a motion is filed requesting such relief. An experienced post-conviction relief attorney may help anyone with a criminal record fully explore their relief options.

Examples of mandatory post-conviction relief include the following:

  • California Penal Code § 1203.4  – Expungements of a criminal record
  • California Penal Code § 1203.43 – Clearing a criminal record after completing drug treatment diversionary program
  • Proposition 47 reclassified charges for many theft and drug incidents from felonies to misdemeanors. Individuals who file a mandatory relief motion and are currently serving time may request a reduced sentence. Also, individuals who have completed a sentence for a felony conviction may request that the court amend their criminal records. An experienced post-conviction attorney may be invaluable in helping an individual make these positive changes to their criminal records.
  • Proposition 64 decriminalized the possession of marijuana and allowed people with prior convictions to expunge their criminal records

For over forty years, and after the passing of Prop 47 by California voters, 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. Call the Dolan Law Offices today at (760) 775-3739 or find out more online here.

When Is Post-Conviction Relief Is Mandatory Under California Law?