Post Conviction Relief

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XPUNGEMENT

Whether you want to clean your record to qualify for gainful employment, obtain or maintain most professional licenses, get back your right to vote, or most important, allowing you to move on from you past, you need an experience attorney by your side. Contact us to get started on the process to dismiss the conviction against you.

We believe that your past mistakes should not hang over you for the rest of your life. With the help of an expungement attorney, we can clean your record, so you can move on with your life.

Essentially, when an expungement is granted, the judge allows you to withdraw your previously entered guilty or no contest plea (or verdict), and the case is then dismissed. This process provides you the ability to put the past behind you, provide for better opportunities, and restore individual rights.

If you need to have your criminal record expunged for a work related reason, or if you just want to clean up your record in Los Angeles, Riverside, San Bernardino, or Orange County, it is vital that you seek the services of a criminal defense attorney with experience with these types of cases. If you want your case expunged, whether it is a felony or a misdemeanor, call us today.


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ARLY TERMINATION OF PROBATION

Typically, when we are placed on probation, we do not realize that the probationary term may keep us from finding a job. Fortunately, the court can terminate your probation early. This process is challenging because, in almost every case, the prosecutor will object to the early termination of probation. However, the right attorney will make persuasive arguments to the Judge and have the best chances of convincing the court that the right thing to do is to terminate probation early.

The Law Office of Brett Parker Davison has the experience and relationships necessary to have your probation terminated early.  The motion may require the calling of witnesses and compliance with the evidence code will be required. You will need to file a formal motion, and may need to make legal arguments before the judge in order to be successful. We will demonstrate to the Judge why your probation or criminal conviction is keeping you from being a productive member of society. We will show them why it is in the best interests of the People of the State of California to terminate your probation early and/or expunge your record.

With an inelegant attorney by your side, you can obtain an early termination of probation and expunge your record. Call us today for a free consultation!


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ERTIFICATE OF REHABILITATION or GOVERNOR’S PARDON

If you served time in state prison, or were convicted of certain sex crimes, you may be eligible to seek a Certificate of Rehabilitation. While it does not erase your criminal record, it is a court order that essentially declares you a law abiding citizen.

The major benefits of a Certificate of Rehabilitation include:

  • Restores all civil rights (gun rights are only restored if Governor signs pardon);
  • End duty to register under Penal Code section 290 for many sex-offenses;
  • Serves as official proof that you have been rehabilitated;
  • Ends employment and occupational licensing discrimination;
  • If granted, it is an automatic application for a governor’s pardon.

ELIGIBILITY

If you were convicted of a felony in California and served time in prison, you may be eligible for a Certificate of Rehabilitation. You may be eligible to apply for a Certificate of Rehabilitation if you lived in California for the past 5 years and fall into one of the following three categories:

  • Were convicted of a felony and served your sentence in a state prison AND
    1. Were discharged or released on parole prior to May 13, 1943;
    2. Have not been in jail since your release; AND
    3. Have been living in California 3 years prior to filing for the Certificate of Rehabilitation.
  • Were convicted of a felony, or misdemeanor sex offense specified in Penal Code Section 290 that was later expunged AND
    1. Were discharged from custody, probation, or parole;
    2. Have not been incarcerated in any penal institution, jail, or agency since your release;
    3. Are not on probation for the commission of any other felony; AND
    4. Have resided for 5 years in California immediately prior to filing the petition.
  • Were convicted of a felony after May 13, 1943 AND
    1. Were sentenced to state prison;
    2. Were discharged from custody or released on parole; AND
    3. Have resided for 5 years in California immediately prior to filing the petition

Depending on your situation, the amount of time required to pass varies. But, whatever your situation, we believe that mistakes in the past should not prevent you from moving forward with your life. One way we can help you move forward is to begin this process today, so call us for a FREE consultation.

Additionally, if the Certificate of Rehabilitation is granted, an application for a Governor’s Pardon is automatic.


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OVERNOR’S PARDON

A Governor’s Pardon is the highest relief from the consequences associated with a criminal conviction. Although the Certificate of Rehabilitation is the court’s recommendation for a pardon, it is the California Governor who has the ultimate discretion to grant this relief.  The governor may choose to do so without further review, or the governor may choose to investigate the case further. Either way, you need an attorney on your side to help you maneuver through this process.

However, if you were convicted of ANY felony two times, then you must obtain a recommendation of a majority of the California Supreme Court before the Governor can pardon you without further review.

The major benefits of obtaining a Governor’s Pardon include:

  • Obtain employment;
  • Acquire relief from your lifetime duty to register as a sex offender under Penal Code 290 PC;
  • Recapture your Second Amendment Right to bear arms;
  • Regain your right to serve on a California jury; or
  • Simply obtain the personal satisfaction of knowing that your efforts to turn your life around have been acknowledged.

Moreover, a Governor’s Pardon can offers relief in situations that a Certificate of Rehabilitation does not, such as:

  • Persons who have been sentenced to death; or
  • To those who have been convicted of California sex offenses including:
    1. Penal Code 286(c);
    2. Penal Code 288;
    3. Penal Code 288a(c);
    4. Penal Code 288.5; or
    5. Penal Code 289(j);

We believe that your past mistakes should not hang over you for the rest of your life. With the help of the Law Office of Brett Parker Davison, we can clean your record, so you can move on with your life. Call now for a FREE consultation and to begin the process to clean your record.