Post-Conviction Relief in California
If you've been convicted of a crime in California, post-conviction relief options can help you rebuild your life and minimize the long-term consequences of your conviction. As an experienced post-conviction relief attorney in California, Chance Oberstein provides legal guidance for Certificate of Rehabilitation applications, probation violation defense, felony reductions, case dismissals, and sex offender registry removal. Our comprehensive post-conviction services help clients navigate complex legal processes and achieve the best possible outcomes for their future.
California Post-Conviction Relief Services
Post-conviction relief encompasses various legal remedies available after a criminal conviction. These services help minimize the long-term impact of criminal records and provide pathways to rebuilding your life.
Available Post-Conviction Relief Options:
Certificate of Rehabilitation applications
Probation violation defense
Felony reduction petitions
Case dismissals (PC §1203.4)
Sex offender registry removal
California Certificate of Rehabilitation
A California Certificate of Rehabilitation is a court order declaring you have been rehabilitated. It can help restore many of your civil rights. This powerful legal tool can significantly improve your employment prospects, housing opportunities, and overall quality of life after a criminal conviction.
How to Get a Certificate of Rehabilitation in California
The process for obtaining a Certificate of Rehabilitation in California involves several critical steps:
ELIGIBILITY REQUIREMENTS
Residency: You must have lived in California continuously for the past 5 years.
Waiting Period: You must wait at least 7 years after completing your sentence, parole, or probation. The exact time depends on the offense.
Clean Record: You must not have committed any crimes during the rehabilitation period.
Application Process:
File a petition with the superior court in your county of residence
Provide comprehensive documentation of rehabilitation
Attend court hearing where the judge evaluates your case
Receive the court's decision on your certificate
How Long Does It Take? The Certificate of Rehabilitation process typically takes 4-6 months from filing to final decision, depending on court schedules and case complexity.
Benefits of a Certificate of Rehabilitation:
Restores various civil rights
Provides evidence of rehabilitation to employers
Can lead to a governor's pardon
Improves housing and licensing opportunities
Probation Violation Defense in California
Violating probation in California can result in serious consequences, including jail time, extended probation, or additional penalties. Understanding your rights and having experienced legal representation is crucial when facing probation violation allegations.
Types of Probation Violations in California
Felony Probation Violation California: Felony probation violations carry the most serious consequences, potentially resulting in state prison time. Common violations include new criminal charges, failing to report to a probation officer, or violating specific court-ordered conditions.
Misdemeanor Probation Violation California: While less severe than felony violations, misdemeanor probation violations can still result in jail time and other penalties. These may involve minor infractions or technical violations of probation terms.
Informal Probation Violation California: Informal probation (summary probation) violations occur when you fail to comply with court-ordered conditions without regular probation officer supervision. These violations are still taken seriously by California courts.
Specific Probation Violation Scenarios
DUI Probation Violation California: Violating DUI probation can result from:
Getting arrested for another DUI
Failing to complete DUI school
Not installing required ignition interlock device
Missing court-ordered AA meetings
Consequences of DUI Probation Violations :
Immediate arrest warrant
Jail time up to the maximum sentence for original charge
License suspension extension
Additional fines and penalties
Probation Violation Consequences by Offense
Probation Violation 1st Offense California: First-time probation violations may result in:
Warning from the court
Modified probation conditions
Community service
Short-term jail time
Probation Violation 2nd Offense California: Second probation violations typically face:
Increased likelihood of jail time
Extended probation period
Stricter supervision requirements
Possible revocation of probation
Jail Time Factors: The amount of jail time depends on:
Type of original conviction
Nature of the violation
Your criminal history
Specific circumstances of the case
California Probation Violation Consequences
Courts consider multiple factors when determining probation violation penalties:
Severity of the violation
Your compliance history
Public safety concerns
Recommendations from probation department
Felony Reductions in California
Felony reduction allows you to have a felony conviction reduced to a misdemeanor, significantly improving your future prospects. This process, governed by California Penal Code Section 17(b), can make you eligible for various opportunities previously unavailable due to your felony record.
Benefits of Felony Reduction:
Improved employment opportunities
Better housing prospects
Restored right to own firearms (in some cases)
Reduced stigma of felony conviction
Removal from the CA Sex Registry based on Tier assignment
Eligibility Requirements:
Conviction must be a "wobbler" offense
Successful completion of probation
No new criminal convictions
Demonstration of rehabilitation
Case Dismissals (PC 1203.4 Expungement)
California Penal Code Section 1203.4 allows for dismissal of criminal cases after successful completion of probation. This legal remedy can provide significant relief from the consequences of a criminal conviction.
Benefits of Case Dismissal:
Improved Job Prospects: You may legally answer “no” when asked by most private employers if you’ve been convicted of a crime, and employers generally can’t consider expunged convictions in hiring decisions.
Professional Licensing Opportunities: While you still have to disclose the conviction when applying for state licenses (like for real estate or healthcare), licensing boards often view expunged records more favorably.
Credibility: Expunged convictions generally can’t be used to impeach your credibility as a witness in certain court proceedings.
Professional Organizations: Expungement helps reduce background check-related stigma of a past conviction.
Personal Peace of mind: Clearing your record is a significant step toward moving on from the past and reclaiming your reputation.
California Sex Offender Registry Removal
Removal from California's sex offender registry is possible in certain circumstances. This complex legal process requires experienced representation to navigate successfully.
To be eligible to petition for removal, you must:
Have completed the required registration period for your tier.
Have no new felony or misdemeanor convictions during that time.
Not be designated a Sexually Violent Predator (SVP) or assessed as high-risk for reoffending based on tools like the Static-99R.
Our Approach:
In-depth case evaluation
Strategic legal planning
Comprehensive preparation and documentation
Ongoing client support throughout the process