Section 1203.4 of the California Penal Code provides a means for people convicted of certain crimes to petition the court for rehabilitation of their conviction. This process, commonly known as “dismissal” or “expungement,” allows a person who has completed all terms of his or her sentence, including any period of probation, to pay all fines and restitution and not currently face criminal charges to ask the court to have his or her conviction removed from his or her record.

The application process under Section 1203.4 involves submitting a petition to the court that originally handled the case, along with any required documentation and often a fee. The court will then review the application and determine whether the applicant has met all requirements necessary to rehabilitate his or her sentence. If approved, the court will issue an order releasing the individual from “all penalties and disabilities” resulting from the conviction.

California Penal Code Section 1203.4 represents a second chance for those convicted of a crime. This legal provision offers individuals the possibility of having their conviction dismissed after completing the terms of their probation. The importance of this process lies in its potential benefits, such as improving personal reputation and facilitating employment opportunities, since the conviction will not appear in most background checks conducted by employers.

• The law is complex: A lawyer can help you understand the law and your rights.
• The process can be long and complicated: Section 1203.4 of the application process can be long and complicated. An attorney can help you navigate the process and ensure everything is done correctly.
• Increases your chances of success: Having an attorney represent you in court increases your chances of granting your request. An experienced attorney knows how to present your case persuasively to the judge.
• Avoid mistakes: A lawyer can help you avoid mistakes that could derail your application.
• Protect your rights: A lawyer can protect your rights throughout the process.

We recommend that those interested in this process consult with one of our criminal law attorneys at Kannan Law for specific advice and assistance in preparing and filing their application under Section 1203.4.

Although an exoneration does not eliminate a criminal record, it includes several benefits. It is important to note that the conviction is not completely erased or “forgotten.” The conviction may be considered or revealed in certain legal circumstances, such as the application process for some types of state licenses or government positions.

If you were granted parole, you may be able to obtain relief in the form of legal exoneration at the end of parole. There are even cases in which judges must grant exoneration upon request. In many other cases, judges may or may not grant exoneration at their discretion.

There are several charges for which post-conviction exoneration cannot be granted under Section 1203.4 of the Penal Code. In these cases, other types of post-conviction relief may be sought. You can, for example, obtain a rehabilitation certificate.

The law was recently amended to allow exoneration even in misdemeanor cases where probation has been denied.

Having a competent San Diego criminal attorney significantly increases your chances of obtaining a favorable outcome in your case. It provides you with peace of mind and security during this challenging time. Do not underestimate the importance of having expert legal advice regarding legal matters as serious as criminal cases.

We are your ally in criminal defense before the criminal court

Facing criminal proceedings is an overwhelming experience that can have lifelong consequences. We specialize in criminal law and are a great ally for those seeking to ensure their freedom and their future. We not only represent our clients in court; we are your shield, your guide, and your voice in a legal labyrinth that can be unknown and terrifying for many. 

The knowledge and experience of a criminal lawyer are crucial in defending the rights of the accused. We are professionals equipped with the legal tools necessary to navigate the complex judicial system. We know the critical deadlines, the applicable laws, and the most effective defense strategies. Additionally, we can negotiate with prosecutors, which can result in reduced charges or obtaining a more favorable agreement for the defendant. Without this specialized assistance, the risk of facing a severe sentence increases exponentially.

But beyond technical expertise, our criminal lawyers at Kannan Law also offer emotional support in times of uncertainty. Empathy and understanding of our clients’ situations are essential to maintaining clear and effective communication. This means that we not only fight for the legal rights of the accused but also ensure that their voice is heard and respected throughout the process. Representation by our criminal lawyers is not a luxury but rather an essential component of ensuring justice and fairness in the criminal process.

• Not everyone convicted of a crime can apply for an expungement. To be eligible, the person must meet certain requirements, including:
• Have completed probation.
• Not have been arrested or convicted of any other crime during probation.
• Have no pending convictions for other crimes.
• Pay all fines and costs associated with the original conviction.

California law establishes a number of ways through which convictions can be exonerated for those who have previously been convicted of crimes. However, it is important to note that convictions for certain sexual crimes against minors are not eligible for exoneration under this section.

If you have been convicted of an IUD offense, the judge has the discretion of whether or not to grant a waiver. The same applies to many other convictions under the Vehicle Code. However, you must present your case as persuasively as possible so that the judge rules in your favor.

The time varies depending on several factors, including the volume of cases in the relevant court and whether the prosecutor’s office opposes the petition. Generally, it can take anywhere from a few weeks to several months. It is important to be patient and follow any instructions the court or your attorney provides.

To qualify, the applicant must have complied with all terms of the sentence, including any probation period, payment of fines, restitution to victims, and not currently charged with another crime. Not all crimes are eligible for expungement. For example, certain sexual crimes against minors cannot be expunged under this section.