At Davalos Defense Law Firm, our work does not end with criminal defense of current misdemeanor or felony charges. We offer legal representation for clients in post-conviction relief efforts, including various actions and processes to clear your criminal record, such as expungement. Without these efforts, you may be stuck with a permanent criminal record that can pose difficulties in employment, housing, educational aid, professional licenses, and noncitizen immigration status. Working with our Pasadena post-conviction attorney may provide you with the opportunity to remedy this to create a better future.
Penal Code 1473.7 Motion to Vacate Criminal Conviction
If you did not understand your immigration consequences at the time you took your plea, or if there has been newly discovered evidence of actual innocence that was not available when you took your plea, you may qualify to vacate your criminal conviction.
Si usted acepto una condena penal sin entender las consecuencias inmigratorias y por causa dela condena ahora no califica para alivio migratoria, usted puede calificar para anular su condena.
SB 1437 Sentence Reduction On Felony Murder Convictions
California Senate Bill 1437 allows many people convicted of felony murder or even attempted murder to get a sentence reduction if they were not a major participant in the killing.
Let Davalos Defense Law Firm review your case for post-conviction relief. Call (213) 370-1630 or contact us online to schedule a free, initial consultation. Hablamos español.
California provides various post-conviction options that may be available to your situation. Every individual has unique circumstances that must be evaluated to determine your eligibility and chances for success in pursuing a particular court action. These actions can be sought to vacate, reduce, or modify your conviction.
Examples of post-conviction options that may be available depending on your case can include:
- Withdrawing a plea. This can only usually be done if the attorney on your case was guilty of “ineffective assistance of counsel” which means you received poor or defective representation.
- Filing a motion for a new trial. This is also rare but is available under California law.
- Requesting that a felony be reduced to a misdemeanor where applicable. This can also include asking for a reduced sentence.
- Requesting early termination of probation. This would require compliance with paying fines, restitution, or completing classes/programs.
- Expungement. Where eligible, this allows your record to be “erased” or removed so that it will not be accessible on a background check. You will not have to disclose it on employment and other applications.
- Exclusion from the sex offender website. Only certain convictions are available for this option.
- Sealing of juvenile criminal records. This option also is not available in all cases.
- Certificate of Rehabilitation. This is only available in certain convictions and only for individuals who have been California residents for a minimum of five years.
- Commutation of your sentence by the Governor. Commutation involves reducing or lifting your sentence.
- Filing a claim for a conviction review. This involves prosecutors reviewing your case to determine if you were wrongly convicted. LA County has a Conviction Integrity Unit that reviews these cases.
- Appeal. If you believe you did not receive a fair trial at the lower court, you can appeal your case to a higher court. You must have a strong basis for this such as legal errors that negatively impacted the lower court’s outcome.
Discuss Your Case with Our Pasadena Post-Conviction Attorney Today
A permanent criminal record can reduce the quality of your life and put opportunities you could otherwise pursue out of your reach. Doing everything possible to pursue a better life may be available through various post-conviction filings, motions, and applications. No two cases are the same and will call for the knowledge and skills of an attorney experienced at this area of criminal law. At Davalos Defense Law Firm, you can rely on us to fully evaluate your situation to identify options that may work for you. Should you retain our services to move forward, we will do everything possible to help you secure a favorable outcome that will improve your future.
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