Having a criminal conviction on your record often has negative effects on your life and goals. The Law Office of Jeffrey Kaloustian handles a variety of clean record cases, many of which are listed on this page. However, we also handle cases related to clean record proceedings that are not listed on this page, so if you have a question about any related legal issue please contact our office.
Jeffrey may be able to obtain a legal remedy for you that will really help cure past blemishes on your record. Jeffrey will evaluate the specifics of your record and case history and explain all forms of legal relief available to you. Jeffrey's expertise in, and enthusiasm for this area of the law means you will have an exceptional guide along your legal pathway towards minimizing the consequences of your record. Our clean record work proudly takes us all over California. We are honored and humbled to serve.
Petitions for Dismissal / Criminal Record Expungement (Penal Code § 1203.4, 1203.4a)
Depending on the nature of your felony or misdemeanor, it may be possible to have the offense expunged from your record. In California, after a conviction has been expunged, your criminal history will be corrected to reflect case dismissal instead of a conviction. This is one of our most common cases types.
Penal Code section 1203.4 is California's expungement law. Under that section, the court can withdraw your guilty or no contest plea, set it aside, and then dismiss your case. This will be a huge benefit for employment purposes and can also help in other areas. The Law Office of Jeffrey Kaloustian helps clients clean their record to move on from the conviction and obtain better employment opportunities.
A “petition for dismissal” under PC 1203.4 can be complicated, especially if you were accused of violating your terms of probation. A mishandled expungement request could mean that the conviction will stay on your record forever. Jeffrey Kaloustian's special expertise in this area of the law will stack the odds of success in your favor. His comprehensive expungement service includes all aspects of preparing, filing and arguing the petition in court. As an expungement client, Jeffrey will answer all of your questions along the way. You can also expect a closing meeting with Jeffrey after the hearing is done so all of your questions about the case will be handled by Jeffrey personally.
Motion to Seal and Destroy Adult Arrest Record (Penal Code § 851.8)
Anyone can be falsely arrested. Unfortunately, with extensive records in the modern era, even uncharged or dropped cases can be seen by employers and the public making it much harder to get a job, a professional license or to otherwise move ahead.The Law Office of Jeffrey Kaloustian can petition the court under Penal Code section 851.8 to seal and destroy an arrest record if the arrest did not result in a conviction in court and where you were factually innocent of the alleged crime. The burden to prove innocence is high in a petition to seal, so it is important to have a lawyer in these types of cases. These types of cases can be won.
For example, say you were arrested and brought to jail but no case was filed by the prosecutor's office. Or, after the arrest a case was filed in court but later dismissed or you were acquitted after trial. Although there is no conviction, there is still a record of the arrest and information about the charge(s).
Under California Penal Code section 851.8, if a judge finds you factually innocent because there was no probable cause to arrest you, the court will order that the arrest record be sealed and destroyed. It will then not show up on any criminal background check.
Attorney Kaloustian's expertise in this area of the law, and history of successful PC 851.8 petitions, may simply be unparalleled throughout the State. The Law Office of Jeffrey Kaloustian is reliable, professional and compassionate, and we have significant experience proving factual innocence in tough cases. If you were arrested and never had a criminal case filed against you in court, or if your case was dismissed or you were acquitted of criminal charges, call The Law Office of Jeffrey Kaloustian about sealing and destroying the record of your arrest. The government should not keep an arrest record if the person is innocent. Contact our office today for a free consultation.
Motion to Seal Records of Arrest and Related Court Records (Penal Code § 851.91/92)
This is another option to remedy the record of an arrest that did not result in a conviction. With a petition to seal under Penal Code section 851.91, a finding of factual innocence is not required, making this relief much easier to obtain. However, the relief this section provides is more limited as compared to the above (851.8). A successful petition to seal records of an arrest under Penal Code section 851.91 results in a court order restricting public access to case documents. Access to police and court records would be limited to law enforcement uses only. A successful petition under section 851.91 would also result in an update to your criminal history information with an entry of "Arrest Relief Granted" for the subject incident. The Law Office of Jeffrey Kaloustian is reliable, capable and caring and experts in clean record cases. We will help you identify and achieve the best legal remedy for your case.
Early Termination of Probation (Penal Code § 1203.3)
Probation is another word for a “conditional sentence.” Many employment, licensing, and personal opportunities are not possible while serving probation. Given the right circumstances, the Law Office of Jeffrey Kaloustian can convince the court to grant an early termination of probation. After probation is terminated, you can petition the court for an expungement. We handle early termination in both state and federal court.
When your conduct has been exemplary, the court has the authority under CA Penal Code section 1203.3 to modify the terms of your probation. This includes granting an early termination of probation. A judge modifying and/or releasing you from probation can have an immediate positive impact on your situation. For example, you cannot apply for U.S. Citizenship or for a California expungement while on probation. Active probation may also make it difficult to advance at work and may lead to restrictions and additional screening while traveling.
Seal Juvenile Record
While many people think that neither the government or the public can view juvenile records, that is often not true. A petition to seal a juvenile record under Welfare and Institutions Code section 781 can have numerous positive impacts, including relief from the duty to register as a sex offender. A sealed juvenile record will truly allow you to move to a successful adult life.
Reduction of Felony to a Misdemeanor
Like being on probation, being a felon can stand in the way of many life opportunities. Under Penal Code section 17, subdivision (b), the court has the power to reduce "wobbler" felonies to misdemeanors. The Law Office of Jeffrey Kaloustian can ask the court to reduce a felony by providing succinct arguments and documentation. If the felony is reduced under this section, gun ownership rights can be restored.
Relief from Duty to Register as a Sex Offender (Penal Code § 290.5)
Until this year, any duty to register as a sex offender under California law (Penal Code 290 et. seq.) was a lifetime duty. That all changed this year when California implemented a tiered system for sex offender registrants placing offenders in one of three categories based on their qualifying conviction. These tiers correspond to a ten year (TIER 1) minimum registration requirement, a twenty year (TIER 2) minimum registration requirement and a (TIER 3) lifetime requirement.
This new tiered sex offender registration system applies retroactively. In other words, all people that have been subject to sex offender registration requirements are eligible to apply for REMOVAL from the list and RELIEF from the duty to register. Jeffrey Kaloustian is actively handling petition for relief from the duty to register and will consult with you on your matter.
Petition to Vacate Conviction - Failure to Advise of Immigration Consequences
There are so many people that are not U.S. citizens caught up in California's justice system. Far too many people accept plea agreements without proper advisement or understanding of the immigration consequences of the conviction. If this has happened to you or someone you know, there may be grounds to have the conviction vacated.
Under Penal Code section 1473.7, a court can overturn a conviction that is "legally invalid" based on the defendant's failure to “meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea...” Cal. Pen. Code § 1473.7. Jeffrey has successfully handled petitions to vacate under this section and is directly linked with some of northern California's top immigration lawyers if representation in the federal immigration courts is desired.
Certificate of Rehabilitation
After serving a prison sentence, being convicted of a felony, or being convicted of certain sex offenses, an individual can apply for a certificate of rehabilitation. The Law Office of Jeffrey Kaloustian can help you petition for a certificate of rehabilitation under Penal Code section 4852.01, which also provides relief from the duty to register as a sex offender. A certificate of rehabilitation also helps a person obtain a professional license.
Attorney Jeffrey Kaloustian at the Law Office of Jeffrey Kaloustian sincerely cares about his clients and their future. If you have an arrest or conviction on your record, contact him for a consultation to see if you are a candidate for post-conviction relief. His offices are in Grass Valley and Oakland and he handles clean record cases in the Sierra Nevada foothills, the San Francisco Bay Area and all throughout the fine state of California. He is candid, trustworthy and straightforward. Jeffrey's fees are always fair and reasonable. He truly cares about you, your client experience and the outcome of your legal matter.