Services

Services our law office provides:

What are the effects of dismissal/expungement under PC1203.4/1203.4a and who is eligible?

The effects of dismissal:

  • Result in a change in your state and federal criminal histories showing that your case was dismissed.
  • Allow you to answer “no” on a job application as to whether or not you have been convicted of the offense.
  • A dismissed conviction is no longer a conviction and may not be used against you to deny you a job in most California employment opportunities.
  • Truthfully tell employers, family members, parent sports and school groups that you have not been convicted of the crime that has been expunged/dismissed.
  • Put the past behind you and start your new life.
  • A 1203.4 dismissal is available to dismiss some felony convictions for which there was no state prison sentence
    (There are exceptions to this: a conviction must be disclosed to run for state office, to apply to become a parole officer, to obtain a state license and to work for the state lottery commission. It must also be disclosed to immigration. )

Who is eligible?:

  • Persons who have been convicted of a misdemeanor or felony and have completed probation. There are some exceptions.
  • Most misdemeanor cases allow for 1203.4/ 1203.4a dismissal. Some felonies (in particular, those for which probation was granted) allow for 1203.4/1203.4a dismissals.  It is possible to have a DUI conviction dismissed although this is a more complex task. Even a dismissed DUI may still count against you should you incur a subsequent DUI and it does not restore your driving privileges if these have been taken away.
  • If, for some reason, you were not sentenced to probation, there is still opportunity for 1203.4/1203.4a dismissal.
  • Persons sentenced to state prison are not eligible for dismissal under 1203.4 or 1203.4a for that particular offense.

What are the effects of a successful motion to reduce a felony to a misdemeanor?

In California, reducing a felony to a misdemeanor allows a smoother course to dismissal/ expungement.
It also allows you to no longer be barred from any job that is not available to felons.
It allows you to regain your right to own and possess a firearm IN SOME, BUT NOT ALL CASES.

Early Termination of Probation

If you have served at least half of your probation time, it is possible to have your probation terminated early for good behavior and in the interests of justice.

In order to do this we present the good things about you and your need for early termination to the judge or probation department (depending on county.)

Once probation is terminated, you are immediately eligible for a 1203.4a dismissal and we do this all in the same motion or application.

Dismissals where there were Probation Violations or Revocation

It is still possible to obtain a dismissal where probation was violated or revoke

If you violated any terms of your probation (that means if you had a violation hearing and the judge made a finding that you were in violation of your probation) you still have an avenue to dismissal. If your probation was reinstated (and even where your probation was revoked) you may apply to have your case dismissed in “the interest of justice.”

In order to file this type of case, we will submit evidence of your present rehabilitation.

For example, we will detail:

  • your family responsibilities,
  • your subsequent education and training
  • your recent employment history,
  • your lack of subsequent criminal history
  • your church attendance and/or participation in community or school activities (if you are a parent of a school child).
  • In sum, we will help you put “your best foot forward” and explain to the judge or probation department your need for dismissal and your new way of life.

Certificate of Rehabilitation

A Certificate of Rehabilitation is available to some persons who were convicted of a felony and served a state prison sentence. To be eligible, person must have a period of five years pass after leaving prison and /or parole. Please inquire with us for details.

A Certificate of Rehabilitation does not eliminate your conviction, but it is helpful for employers to see that a person with a felony has acknowledgement by the State of California of his or her rehabilitation.

An approved Certificate of Rehabilitation acts as an application for a pardon. While pardons are not easy to obtain, at least there is a possibility with an approved Certificate of Rehabilitation

What we mean by Record Clearance

By Record Clearance, we mean finding suitable and effective means to eliminate the fact that you have criminal convictions and have your record reflect that your conviction or convictions have been dismissed.

The fact that you were arrested and charged remains on your record. However a conviction dismissed under California Penal Code Section 1203.4/1203.4(a) will show that the charges were dismissed against you.

Certified copies of court records

We can obtain certified copies (or non-certified copies) of all public records from California and other state courts. Please let us know what your specific needs are: For example, immigration, employment, foreign visas, U.S. visas. In many instances, we are able to advise you on what records you need

Obtaining your F.B.I. RAP Sheet

We can do this in an expedited manner (usually one week) for U.S. citizens and Lawful Permanent Residents. The fee is $120. (plus postage if you reside outside of the U.S. or you want it sent via fedex).We send you a fingerprint card that you complete and return to us. We will tell you where you may go to have your fingerprints placed on the card.

If you are not a U.S. Citizen or Lawful Permanent Resident the process is the same but it takes three months.

Documenting one’s criminal history for employer or for a state license

We can assist you in obtaining your state and federal (F.B.I.) RAP sheets, understanding your criminal history and obtaining documents necessary for your purpose. We can also advise you regarding how to represent your criminal past to others like potential employers or state agencies.

Correcting errors in California State Criminal History records

If your California RAP sheet contains errors, we can assist, when possible, to obtain certified court documents and submit them to the appropriate state agency to correct the errors.

Assistance in responding to a U.S. Department of Homeland Security  request for criminal history

Ms. Quinlan is an attorney who is certified by the State of California  as a Specialist in Immigration and Nationality Law. She can assist you in determining eligibility for all immigration benefits and in other immigration matters

Legal advice for persons overseas who have criminal issues and seek a visa to enter the U.S.

If you are not a U.S. citizen and you reside abroad and you are seeking to obtain a visa to enter the U.S and you have questions about how an arrest or criminal record will affect this process, please feel free to contact us.

Legal advice for persons seeking to enter Canada who have criminal convictions from the U.S.

Want to travel to Canada? Not a citizen of Canada? Got an arrest record or conviction?  Consult an attorney first! Canada bars entry to persons with criminal histories unless the history has been acknowledged and waived (automatically or by petition). Canadian border agents have increasingly more sophisticated access to criminal history records. So if you have ever been arrested or convicted, even for DUI or a misdemeanor, consult a lawyer before traveling to Canada.

Obtaining hard to locate court records

Having trouble locating a criminal record, divorce record, marriage record, death record, birth record? Ask us. Sometimes we can help.

Assistance for persons living overseas who have California arrests or conviction(s) or arrests or convictions from other U.S. States.

If you live abroad and you have a record of arrest or conviction in the United States, we can help you obtain copies of your record. In some instances, we can obtain police records.