Expungements

Criminal defense lawyer Mark Daniel Melnick, Attorney at Law, goes beyond defending people in the courts of Los Angeles, Orange County and Ventura County. Our office also helps convicted felons to clear their criminal record and rehabilitate their reputation through a variety of expungement methods available under California State law.

Dismissal of Conviction

If you have been granted probation, you may be able to have the conviction later dismissed under California State law (Penal Code Section 1203.4). You must first have successfully completed the period of probation, including paying any fines or restitution that was required, and not be currently charged with any crime. Obtaining this dismissal means that in most cases you will be able to lawfully state that you have not been convicted of a crime.

Certificate of Rehabilitation

If you have been law abiding for seven years after your release from prison or court supervision and meet other eligibility requirements, you may be able to obtain a Certificate of Rehabilitation (Penal Code Section 4852.01). A Certificate of Rehabilitation does not erase the conviction or seal the record, meaning that you still have to report the conviction on employment applications and other forms which require such information. Also, the conviction would still count as a strike under the state's three strikes law, if the underlying conviction was for a strike offense. However, having this Certificate in your file may make it easier to obtain employment or apply for a license from a State Board. Certain sex offenders may also be relieved of the ongoing duty to register once they have received a Certificate of Rehabilitation.

A Certificate of Rehabilitation also serves as an automatic application for a pardon, which can restore even more civil rights to the individual which were taken away upon conviction.

Felony to Misdemeanor

It is also possible in some cases to have a felony reduced to a misdemeanor under California law (Penal Code Section 17(b)). Many employment and licensing applications only ask about felony convictions, and a misdemeanor record is preferable to a felony record for a variety of reasons.

Drug Offenses

In the case of drug crimes, the state operates drug courts and drug diversion programs, primarily for individuals charged with certain nonviolent possession offenses. Through a Deferred Entry of Judgment, criminal proceedings may be suspended while the defendant undergoes counseling, testing, or a drug treatment program, and once the program is completed, the charges are dismissed. The individual may then truthfully state in most cases that he or she has never been arrested for that particular offense.

An Experienced Attorney Helping You Get on with Your Life

A criminal conviction can place many roadblocks in your life, with long-term consequences. Let us help you remove these legal disabilities and help you move on with your life post-conviction. Contact Mark Daniel Melnick, Attorney at Law, to discuss the possibility of having your record expunged.