Post Arrest & Conviction Relief

California law allows ex-offenders to file a motion in court that seeks to vacate, modify, or reduce a conviction, to improve their criminal record. 

Post Arrest Relief

Petition to Seal Post Arrest (When Never Convicted)

• P.C. 851.91 Petition to Seal Arrest & Related Records: When you are granted a diversion or your case is dismissed, you can seal the arrest.
• P.C. 851.6 Missing Detention Certificate: You have been arrested and charges were not filed. The police officer should have filed a detention certificate specifying that you were detained and not arrested.
• P.C. 851.8 Petition to Seal and Destroy Arrest Records for Factual Innocence: When it is determined that you are factually innocent, after being arrested, we can petition for your arrest records to be sealed and destroyed.
• Sealing Juvenile Records P.C. Welfare and Institution Code 781: If you were arrested under the age of 18 and not convicted, we may seal your records.

Post Conviction Relief

Who is Eligible for Post-Conviction Relief?

Everyone’s conviction is unique, which means that not everyone will be eligible for the relief options. However,  you may be eligible for post-conviction relief under certain conditions:

• You received ineffective attorney representation
• You were not advised of the consequences of your plea bargain
• You were not advised of your constitutional rights
• You were convicted of a marijuana offense
• You have successfully completed your probation
• You were convicted of a felony which can be reduced to a misdemeanor

What is the process for obtaining post-conviction relief?

The first step is to hire an attorney with experience in the legal process. Saros Law APC has a team of highly effective criminal defense attorneys who will evaluate your case and determine your chances of winning a motion for post-conviction relief.

We do this by gathering all relevant court documents, conducting in-depth legal assessments, interviewing you about the facts of your case, and assessing your life after the conviction.

Depending on our preliminary assessment, we will then move forward to file and litigate the motion to vacate, modify or reduce your conviction in court. In most cases, our clients don’t have to appear in court during the process. If successful, you will be provided with a court order stating that your conviction has been eliminated, modified, or reduced.

Types of post-conviction relief options

Some of the option available include the following:

• Proposition 47 – Motion to reclassify conviction based on changes in law
• Penal Code 17 (b) – Motion to reduce a felony conviction to a misdemeanor
• Penal Code 1203.4 – Motion to expunge records
• Penal Code 851.91 – Petition to seal arrest records
• Penal Code 1473.7 – Motion to withdraw plea
• Proposition 64 – Reduces the penalties for some marijuana offenses

If you were convicted of a crime, contact Saros Law APC to talk about what options you may have for post-conviction relief. Contact us today at (310) 341-3466 to discuss your case.

Expungements

Under California Penal Code 1203.4, courts can expunge your conviction as soon as you have completed probation. An expungement will release you from most of your penalties and their consequences.

An expungement is only available under the following conditions:

• If you were convicted of an offense that did not lead to time served in state prison
• If you have successfully completed your probation
• If you’re currently not facing any charges for another offense
• If you’re currently not serving a sentence or probation for another crime
• P.C. 1203.4B Fire Camp Expungement

Fire Camp Expungement

On September 11, 2020, the California Legislature enacted Assembly Bill No. 2147 (“AB 2147”), which went into effect on January 1, 2021, and creates new Penal Code Section 1203.4b.  Under the new law, certain individuals with criminal convictions who have served time in state prison may file a petition for relief in court if those persons successfully completed the Conservation Camp Program or firefighting program while incarcerated.  AB 2147 recognizes that these incarcerated hand crew members after receiving valuable training and placing themselves in danger assisting firefighters to defend the life and property of Californians, often face severe difficulty and obstacles in achieving employment due to their past criminal record.  

Petition to Seal Records

California statute allows for arrest records to be sealed if the arrest did not lead to a conviction. Sealing arrest records means that they will not show up on most background checks. 

Who is eligible?

You are eligible to petition a court to seal your arrest records if:

• A jury reached a not-guilty verdict during your trial
• Your conviction was vacated or overturned
• Criminal charges were never file
• Factual Innocence P.C. 851.8
• Motion to Vacate (Immigration Statue) P.C. 1016.5
• Your criminal charges were dismissed

Proposition 47

Proposition 47 (Prop 47) was an initiative statute passed by voters in 2014.  Prop 47 reduces certain non-violent and non-serious felonies to misdemeanors. The defendants must not have any prior convictions for murder, rape, or sex offenses that would require registration as a sex offender, as certain drug and gun crimes.