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| THE LAW OFFICES OF PAUL PURI & ASSOCIATES |
EXPUNGEMENTS & PARDONS
ATTORNEY PAUL N. PURI
Expungement Attorney
Pardon Lawyer
in the Bay Area and Northern California
"Record Clearance" or Expungements, are terms that refer to a
series of different procedures designed to help a person who
has paid his or her debt to society to free themselves of the
stigma and scorn of a criminal record.
The ideal form of expungement or record clearance is known as
a "Petition to Seal and Destroy the Record of Arrest." (Penal
Code section 851.8). This form of expungement is only available
if one was arrested, but did not suffer a conviction, either by jury
trial, guilty or nolo contendere (no contest) plea. The key to
winning an 851.8 petition is to prove that the arrestee was
factually innocent. When the case never makes it to court, either
because the prosecution did not file charges, or because the
prosecution dismissed the charges, the case does not have a
court number, and one has to add the matter to calender in court
by filing a petition and getting a judicial order. It is more simple to
have an 851.8 petition granted when the case does make it to
court; it can be a routine matter for the lawyer to verbally request
an 851.8 (factual innocence) finding from the judge when the
case is dismissed in court.
The next kind of expungement or record clearance is known as
a "Petition for Dismissal of Conviction" (Penal Code section
1203.4), which is often accompanied by a "Petition for Early
Termination of Probation" (Penal Code section 1203.3). The
1203.4 petition is technically only available after all the fines,
restitution and conditions of probation have been satisfied, and
the period of probation has ended. However, many people are
ordered to many years of probation, and wish to end their
probation early. In some counties, the 1203.4 petition is a simple
form provided by the court. In these counties, there are no court
hearings, just the filing of the form and payment of a fee.
However, if one wishes to have an early termination of probation,
one must usually file formal pleading papers with the court and
request a hearing before the judge. In some counties, there is no
simplified form, and one must file formal papers with the court.
In addition to a 1203.4 or 1203.3 petition, many people wish to
have their felony charges reduced to a misdemeanor pursuant to
Penal Code section 17(b). Some counties allow this request to
be made on the simplified form, and others do not. One must
consult the court clerk's office to determine what the form allows if
they have one, and if the form does not allow what one needs,
then a formal pleading and court hearing must be requested.
Additionally, not all charges can be reduced to a misdemeanor;
only "wobblers" can be reduced (charges that can be filed as
either felonies or misdemeanors).
It is important to note that 1203.4 petitions are only available to
those who did not serve time in the state prison with the
California Department of Corrections. It is available to people
who have served time in the county jail, or were placed on
probation. Parolees must apply for a pardon.
The next form of record clearance or expungement is known as
a "Certificate of Rehabilitation and Pardon" (Penal Code section
4852.01 et seq.). The application for a Certificate of
Rehabilitation is made before the trial judge. (Penal Code
section 4852.13), who then makes a recommendation to the
governor for a pardon. Felons who served sentences in the state
prison must pursue the this line of record clearance procedure.
In addition, those who have lost certain rights by statute, i.e., gun
rights, must apply for a Certificate of Rehabilitation and Pardon
before their rights can be restored.
series of different procedures designed to help a person who
has paid his or her debt to society to free themselves of the
stigma and scorn of a criminal record.
The ideal form of expungement or record clearance is known as
a "Petition to Seal and Destroy the Record of Arrest." (Penal
Code section 851.8). This form of expungement is only available
if one was arrested, but did not suffer a conviction, either by jury
trial, guilty or nolo contendere (no contest) plea. The key to
winning an 851.8 petition is to prove that the arrestee was
factually innocent. When the case never makes it to court, either
because the prosecution did not file charges, or because the
prosecution dismissed the charges, the case does not have a
court number, and one has to add the matter to calender in court
by filing a petition and getting a judicial order. It is more simple to
have an 851.8 petition granted when the case does make it to
court; it can be a routine matter for the lawyer to verbally request
an 851.8 (factual innocence) finding from the judge when the
case is dismissed in court.
The next kind of expungement or record clearance is known as
a "Petition for Dismissal of Conviction" (Penal Code section
1203.4), which is often accompanied by a "Petition for Early
Termination of Probation" (Penal Code section 1203.3). The
1203.4 petition is technically only available after all the fines,
restitution and conditions of probation have been satisfied, and
the period of probation has ended. However, many people are
ordered to many years of probation, and wish to end their
probation early. In some counties, the 1203.4 petition is a simple
form provided by the court. In these counties, there are no court
hearings, just the filing of the form and payment of a fee.
However, if one wishes to have an early termination of probation,
one must usually file formal pleading papers with the court and
request a hearing before the judge. In some counties, there is no
simplified form, and one must file formal papers with the court.
In addition to a 1203.4 or 1203.3 petition, many people wish to
have their felony charges reduced to a misdemeanor pursuant to
Penal Code section 17(b). Some counties allow this request to
be made on the simplified form, and others do not. One must
consult the court clerk's office to determine what the form allows if
they have one, and if the form does not allow what one needs,
then a formal pleading and court hearing must be requested.
Additionally, not all charges can be reduced to a misdemeanor;
only "wobblers" can be reduced (charges that can be filed as
either felonies or misdemeanors).
It is important to note that 1203.4 petitions are only available to
those who did not serve time in the state prison with the
California Department of Corrections. It is available to people
who have served time in the county jail, or were placed on
probation. Parolees must apply for a pardon.
The next form of record clearance or expungement is known as
a "Certificate of Rehabilitation and Pardon" (Penal Code section
4852.01 et seq.). The application for a Certificate of
Rehabilitation is made before the trial judge. (Penal Code
section 4852.13), who then makes a recommendation to the
governor for a pardon. Felons who served sentences in the state
prison must pursue the this line of record clearance procedure.
In addition, those who have lost certain rights by statute, i.e., gun
rights, must apply for a Certificate of Rehabilitation and Pardon
before their rights can be restored.
"I believe in our freedoms;
so I'm calling it 'accusation
law.' I don't like the phrase
'criminal law.' You're not a
criminal if the prosecution
can't prove it. When I fight
for you, this is the law of
accusations not criminals."
-Paul N. Puri,
Attorney for the Accused
so I'm calling it 'accusation
law.' I don't like the phrase
'criminal law.' You're not a
criminal if the prosecution
can't prove it. When I fight
for you, this is the law of
accusations not criminals."
-Paul N. Puri,
Attorney for the Accused
Click here to learn about Mr.
Puri's hard-fought victories.
Puri's hard-fought victories.
| IS YOUR LIFE, LIVELIHOOD AND FREEDOM AT RISK DUE TO ACCUSATIONS OR CHARGES? DO CHARGES THREATEN YOUR REPUTATION? CALL PAUL. HE CAN PROTECT YOU! Call Toll Free (888) 814-2213 |
"Please tell us about
your case, including
your email address
and phone number,
and I'll respond the
same day, guaranteed."
-Attorney Paul Puri
your case, including
your email address
and phone number,
and I'll respond the
same day, guaranteed."
-Attorney Paul Puri
Main Office
225 Bush Street
16th Floor
San Francisco, CA 94104
Tel: (415) 295-4799
Fax: (415) 295-4798
2570 North First Street
2nd Floor
San Jose, CA 95131
Tel: (408) 432-7340
500 Airport Boulevard
Suite 100
Burlingame, CA 94010
Tel: (650) 363-7050
1990 N. California Boulevard
Suite 830
Walnut Creek, CA 94596
Tel: (925) 944-1533
2225 East Bayshore Road
Suite 200
Palo Alto, CA 94303
Tel: (650) 327-1820
Oakland, CA
Tel: (510) 434-9105
appointments@paulpuri.com
225 Bush Street
16th Floor
San Francisco, CA 94104
Tel: (415) 295-4799
Fax: (415) 295-4798
2570 North First Street
2nd Floor
San Jose, CA 95131
Tel: (408) 432-7340
500 Airport Boulevard
Suite 100
Burlingame, CA 94010
Tel: (650) 363-7050
1990 N. California Boulevard
Suite 830
Walnut Creek, CA 94596
Tel: (925) 944-1533
2225 East Bayshore Road
Suite 200
Palo Alto, CA 94303
Tel: (650) 327-1820
Oakland, CA
Tel: (510) 434-9105
appointments@paulpuri.com