What Is A Certificate Of Rehabilitation – PC 4852
Under California Penal Code section 4852, the court can grant an order for a Certificate of Rehabilitation. This order declares that an individual with a previous conviction of a felony or certain misdemeanor sex offenses has been rehabilitated. To obtain a Certificate of Rehabilitation, you will have to petition the court. The court will determine if you have demonstrated that you have been rehabilitated as required by law. If your…
Read MoreHow Can Wallin & Klarich Help Me Get A Governors Pardon? (PC 4800-4813)
Wallin and Klarich has been helping people obtain a Governor’s Pardon for many years. Whether it is a direct (traditional) Pardon or through a Certificate of Rehabilitation, we can help clean up your record and restore your rights. If you are a registered sex offender, the granting of a Certificate of Rehabilitation may stop your obligation from registration (see 290.5 of the California Penal Code). In today’s world, it is…
Read MoreCan I get a strike removed from my record?—I am a juvenile and I picked up the strike from an assault conviction. I am still on probation.
Expungement The only reason you would petition the court--via a Romero motion--to strike a strike from your criminal record is if you had another pending case that would be seriously affected by a prior strike. Striking a strike is NOT the same as expunging the conviction that serves as the basis for the strike. It only allows the court to disregard the strike for sentencing purposes, i.e. doubling the sentence…
Read MoreI was convicted of misdemeanor assault on a police officer five years ago. I am now off probation. Is there anything I can do to clean up my record?
YES. In California you can retain a criminal defense law firm to prepare a formal legal motion pursuant to Penal Code Section 1203.4. You can file the motion since you are no longer on probation. When the motion is granted what happens is your prior guilty plea is set aside, a not guilty plea is entered and the case is “dismissed”. This will mean when you apply for most types…
Read MoreI was arrested for a felony offense and after I bailed out the District Attorney refused to prosecute. Is there anything I can do to seal my criminal record?
YES. Under Penal Code Section 851.8 you can retain an experienced criminal defense law firm to represent you to file a motion to have your arrest record sealed and they destroyed. This is not an easy process. First you must bring the motion within two years of your arrest. In some cases if we can show good cause for a longer delay in filing the motion the court may still…
Read MoreWhat happens if I’m arrested for a DUI, but no charges are ever formally filed? (Vehicle Code 23152)
If charges are not filed and the time allotted to file the charges have passed, then the DUI arrest will remain on a person’s arrest record. In order to clear that arrest record a person would need to file a factual innocence motion with the local law enforcement and the court under Penal Code 851.8 to seal and destroy the record.
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