Legal Help for Dismissal or Reduction
Having a conviction on your record, or even just an arrest, can have far-reaching consequences. It can impede employment opportunities, affect eligibility for certain licenses, or be a source of personal embarrassment. It is in your best interest to seek the assistance of a dismissal lawyer or bail reduction lawyer to explore options for cleaning up your record.
Experienced Bail Reduction Lawyer
Securing a bail reduction can be a crucial step in your legal defense, allowing you to continue your life while awaiting trial. An experienced bail reduction lawyer understands the intricacies of the bail system and can advocate for a lower bail amount, which can make a significant difference in managing your case and maintaining your personal and professional responsibilities.
Understanding Dismissal and Bail Reduction
In California, it may be possible to get an old conviction dismissed or reduced from a felony to a misdemeanor. If you have successfully completed probation or have been discharged early, you can petition the court to set aside a guilty verdict or permit the withdrawal of a no contest plea and dismiss the case. Not all cases qualify for dismissal, and there are specific eligibility criteria to consider:
Eligibility for Dismissal:
- Under Penal Code 1203.4 or 1203.4(a), if you were sentenced to prison or convicted of a serious sex offense or certain vehicle code infractions, your conviction is not eligible for dismissal.
- You must have paid all fines, fees, and restitution, and successfully completed probation or been discharged early. If no probation was ordered, there may be a one-year waiting period before requesting expungement.
Eligibility for Dismissal:
- You can state you have “no convictions” when applying to most private employers.
- It can serve as evidence of rehabilitation for employers, housing agencies, or licensing bureaus.
- Note that dismissal does not remove the conviction for the purposes of prior offenses, strikes, immigration considerations, or sex offender registration requirements.
Why You Need an Unfair Dismissal Lawyer
An unfair dismissal lawyer can help you navigate the complexities of employment law if you have been wrongfully terminated. They will assess your case, gather evidence, and advocate on your behalf to seek justice and compensation. Having a knowledgeable wrongful termination lawyer ensures that your rights are protected and increases your chances of a favorable outcome.
Additional Legal Remedies
Reduction of a Felony Conviction to a Misdemeanor:
- If your conviction was for a “wobbler” felony (a felony that could have been charged as a misdemeanor), you may petition the court under PC 17(b) to reduce it to a misdemeanor and then seek dismissal.
Record of Arrest Sealed and Destroyed or Reduced to “Detention Only”:
- If you were arrested but not charged, charges were dismissed, or you were acquitted, you might be able to have your arrest record sealed and destroyed.
- This requires proving there was no reasonable cause for the arrest, a high standard to meet. If not met, the record might be reduced to a detention only under PC 849.5.
Certificate of Rehabilitation:
- If you served time in prison, you might qualify for a Certificate of Rehabilitation (COR) under PC 4852.01, which can automatically apply for a governor’s pardon.
- A COR demonstrates rehabilitation over 7-10 years and may relieve sex offender registration for some offenses.
Exclusion from Sex Offender Internet Disclosure:
- Approximately 25% of registered sex offenders may be eligible for exclusion from public disclosure on the Megan’s Law website, though they must still register annually.
Conclusion
Understanding and navigating the legal avenues for dismissal or reduction of charges can significantly impact your future. Whether you need a dismissal lawyer, a bail reduction lawyer, or an unfair dismissal lawyer, having experienced legal counsel is crucial. Protect your future by exploring your options and seeking the best legal representation to clean up your record and move forward with your life.