Thursday, December 14, 2017

Criminal Records & Expungements

Experienced, Aggressive Defense When You’ve Been Convicted of a Crime

Life After a Criminal Conviction

Even years after a conviction, our legal help can make a positive impact on your life. We help clients throughout the Oakland, Hayward, Fremont, Pleasanton, Concord and Walnut Creek areas file petitions and motions to overturn sex offender registration requirements, remove fingerprints and photos from case files, reduce felonies to misdemeanors, expunge criminal records, and vacate past pleas. In many cases, this can have significant impact on a person’s ability to find a job, live where he or she would like, and start over without being stigmatized.

Job Applications

A criminal record can follow you the rest of your life and can prevent you from getting jobs. Many things can be done to clean your record and we do all of them. If you have a question about how to answer a question on a job application – call us. We can help.

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Motion to Seal and Destroy

Destruction of the mug shot, finger prints and computer entry is the best remedy. We can do this with a motion for factual innocence and an order from the Judge to seal and destroy your past record.

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Expungement

This can be done even if you were found guilty or pleaded guilty. It results in the charges being dismissed and cannot be held against you on many job applications.

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Juvenile Records Sealed

Juvenile records can be sealed once you turn 18. This is true of even serious cases. Juvenile crimes cannot be the basis of sex registration unless the minor was committed to the department of juvenile justice.

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Vacate a Past Plea

This remedy is used when you were given false information that induced you to enter a plea of guilty. The false information could be something your lawyer told you, or perhaps the judge misinformed you or of the consequence of your plea. To have a valid plea, a defendant must knowingly and voluntarily waive their constitutional rights. This can’t be under duress.

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Immigration Consequences

Non-citizens who have been misinformed on accepting a plea of guilty on their criminal case could face immigration and deportation. In a case like this, it is possible to move forward with a motion to set aside a plea of guilty.

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Sex Registration

Sometimes, people convicted of certain crimes in the past may find themselves now being required to adhere to new guidelines applicable to the kind of crime they were convicted for earlier. Sex crimes are the most obvious kind of criminal charge that imposes new restrictions and requirements on people who have already been convicted.

Requirements to registration as a sex offender that are not explained will allow a plea of guilty, even to a serious sex charge, to be set aside. People v. Zaidi, 147 Cal. App. 4th 1470 is the leading case on sex offense appeals. This was a case that our firm appealed and won that established the important right to be advised of the life-time requirement of sex registration.

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Rehabilitation Certificate

If you have stayed out of trouble for 7 to 10 years after a misdemeanor conviction, a certificate of rehabilitation will effectively clean your criminal record. This can be done by the local Superior court where you live.

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Pardons

An a felony conviction, a pardon will wipe the slate clean. Pardons were routinely denied by Governor Schwarzenegger. Things are more hopeful under the present state administration.

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Appeals

At the Law Offices of Robert J. Beles, our criminal law attorneys work closely with clients who have been convicted of a crime in California. When contacted early in the process, we pursue every possible avenue for overturning a criminal conviction, including bringing motions for a new trial, and filing criminal appeals.

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Criminal Defense Lawyers Serving the Oakland-San Francisco Bay Area

To learn more about Post-Conviction Remedies, contact us today.

State Certified Specialists
Robert Beles - State Certified Criminal Law Specialist
Anne Beles - State Certified Criminal Law Specialist
Paul McCarthy - State Certified Appellate Law Specialist


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Contact us for a free consultation: (510) 836‑0100
Let our experience work for you. We can help!
Super Lawyers California State Bar Preeminent Lawyers California Board of Legal Specialization National Association of Criminal Defense Lawyers
California Attorneys for Criminal Justice AILA Payment Plan Accepted
Office Locations

Oakland Office
The Ordway Building
1 Kaiser Plaza - Suite 2300
Oakland, CA 94612
Phone: (510) 836-0100
Fax: 510-832-3690

Hayward Office
22320 Foothill Blvd.
Hayward, CA 94541
Phone: (510) 889-1030

Fremont Office
39560 Stevenson Place - Suite 217
Fremont, CA 94536
Phone: (510) 745-7755

Pleasanton Office
4900 Hopyard Rd. - Suite 100
Pleasanton, CA 94588
Phone: (925) 460-5400

Concord Office
1390 Willow Pass Road - Suite 340
Concord, CA 94520
Phone: (925) 460-5400

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