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California Penal Code section
1203.4 states that every defendant convicted of a misdemeanor
and not granted probation shall, at any time after the
lapse of one year from the date of pronouncement of judgment,
if he or she has fully complied with and performed the
sentence of the court, be permitted by the court to withdraw
his or her plea of guilty or nolo contendere and enter
a plea of not guilty.
It
further states that every defendant convicted of a misdemeanor
and placed on probation shall, at any time after the completion
of the probation and sentence imposed by the Court, be
permitted by the court to withdraw his or her plea of
guilty of nolo contendere and enter a plea of not guilty.
Only
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After
a judgment imposing a punishment other than imprisonment
in state prison, California Penal Code
section 17(b) gives the Court discretion
to reduce a felony conviction to a misdemeanor.
If
you have fulfilled the conditions of your probation for
the entire period, or been discharged prior to the termination
of your probation, California law entitles you to seek a reduction of your felony
conviction to a misdemeanor and the right to petition the Court to withdraw your guilty
plea
or plea of nolo contendere and enter a plea of not guilty
pursuant section 1203.4 of the California
Penal Code.
Even
if you were found guilty by a jury after a plea of not
guilty, the Court has the discretion, in either case,
to set aside the verdict of guilty, enter a plea of not
guilty and dismiss the charges against you in the interest of justice.
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California Penal Code section
1203.3 indicates that the court has the authority at any
time during the term of probation to terminate, modify,
or change its order and sentence.
The
court has the discretion, when good conduct and good cause
warrants it, terminate probation early and discharge the
person held on probation.
In
making this decision, the court takes into consideration
timely payment of restitution obligations, timely completion
of all court ordered programs or classes and the good
conduct of the defendant while on probation.
Absent
compelling and extraordinary circumstances the
court usually requires completion of a minimum of 50%
of the probationary period before considering a motion
for early termination of probation.
Only $1199 dollars
California Penal Code section 4852.01 to
4852.21 indicates that a
Certificate of Rehabilitation is a court order declaring
that a person convicted of a felony which resulted in a state prison committment is now
rehabilitated. If a petition for a Certificate
of rehabilitation
is granted, it can be forwarded to the Governor by the
Court and constitutes the application for a pardon. Receipt
by the Governor of a Certificate of Rehabilitation does
not guarantee that a pardon will be granted.
Generally,
any person convicted of a felony who still resides in
California may apply to the superior court in his or her
county of residence for a Certificate of Rehabilitation,
provided that he or she meets the requirements of demonstrated for
rehabilitation as required by law. (Penal Code sec. 4852.06.)
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Applications
may be accepted from any person who has been convicted
in California of a felony or certain specified misdemeanor
offenses. In most cases, the first step in applying is
to obtain a Certificate of Rehabilitation from the Superior
Court in the county where the applicant currently resides.
All other cases are by way of a direct or “traditional
pardon”application.
Only $1199 dollars
California Welfare and Institutions Code
section 781 indicates that
you are entitled to petition the court to seal your juvenile
record, five years or more after the jurisdiction of the
juvenile court has terminated as to the person, or in
any case, at any time after the person has reached the
age of 18 years.
Only $1199 dollars
California Penal Code section 851.8 allows for
a defendant who has
been arrested, but no accusatory pleading filed, seek
to have his record of arrest sealed and destroyed.
Upon
a finding of factual innocence, the law enforcement agency
having jurisdiction over the offense shall seal its arrest
records and the petition for relief for 3 years from the
date of the arrest and thereafter destroy its arrest records
and the petition.
The
law enforcement agency having jurisdiction shall also
notify the Department of Justice and any law enforcement
agency that participated in the arrest of the petitioner
for the offense for which the petitioner has been found
factually innocent of the sealing of the arrest record
and the reasons thereof.
Only $1199 dollars
California Penal Code 851.85 allows for a
defendant who was acquitted
at trial to have his record of arrest in the matter sealed
when it appears to the judge presiding at the trial where
the acquittal occurred that the defendant was factually
innocent of the charge. If such an order is made, the
court shall inform the defendant that he or she may thereafter
state that he was not arrested for such charge and that
he or she was found innocent of such charge by the court.
The
law enforcement agency having jurisdiction shall also
notify the Department of Justice and any law enforcement
agency that participated in the arrest of the petitioner,
for the offense for which the petitioner has been found
factually innocent, of the sealing of the arrest record
and the reasons thereof.
Only $1199 dollars
California Penal Code section 851.90 allows for
a defendant who is
diverted pursuant to a drug diversion program administered
by a superior court pursuant to Section 1000.5 or is admitted
to a deferred entry of judgment program pursuant to Section
1000 and the person successfully completes the program,
the court has the discretion to order that the arrest
record and court records be sealed, including any record
of arrest or detention.
The
law enforcement agency having jurisdiction shall also
notify the Department of Justice and any law enforcement
agency that participated in the arrest of the petitioner,
for the offense for which the petitioner has been found
factually innocent, of the sealing of the arrest record
and the reasons thereof.
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