Post-Conviction Relief

Having a criminal conviction on your record often has negative effects on your life. Attorney Jeffrey Kaloustian may be able to obtain post-conviction relief for you that will either erase your conviction from your record, or at a minimum, minimize its consequences.

Post-Conviction Relief

Criminal Record Expungement

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.

Penal Code section 1203.4 is California’s expungement law. 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.

Motion to Seal and Destroy Arrest Record

Even an arrest record can have major negative impacts, making it much harder to get a job, a professional license or to otherwise move ahead. A record of an arrest may be sealed and destroyed if the arrest did not result in a conviction in court.

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,” 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. 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.

Modification and/or Early Termination of Probation

Probation is another word for a “conditional sentence.” 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.

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 office is in Oakland and he serves the entire Bay Area as well as the Truckee/Tahoe Areas.