Limits of Post-conviction Relief

You may fear that your California criminal conviction will haunt you for the rest of your life, which can happen, but post-conviction relief can remove criminal offenses from your record and help you to move forward. The experienced defense attorneys of The Kavinoky Law Firm will gladly evaluate your case to determine whether post-conviction relief is an option.

While there are many benefits to post-conviction relief, there are some notable limitations. Expungement and other misdemeanor relief alone will not reinstate certain rights such as firearm possession. While the primary misdemeanor charge can be expunged, possession of firearms and relief from registration as a sex offender will require a Certificate of Rehabilitation and/or a pardon.

Post-conviction relief does not prevent disclosure of prior convictions under several different circumstances, including an application for public office, seeking any license from the state, such as real estate, stock broker, doctor, lawyer, etc., or contracting with the California State Lottery. In these situations the prior conviction must be disclosed.

Other situations not specifically spelled out by law may also require disclosure of an expunged conviction. For example, application to become a peace officer, while not mentioned in the statute, typically requires disclosure of expunged convictions.

While many circumstances may arise that are not specifically exempted from disclosure, as the world gets smaller, many people have access to our private information. As such, in this day and age of computers, Internet, and the free flow of information, carefully worded disclosure may be the best way to proceed. This is a strategic issue and one that should be considered with the help of an experienced criminal defense attorney.

Regardless of your individual case, post-conviction relief is something that opens doors to employment, education, housing, and provides much-needed peace of mind. To learn more about expungement and other post-conviction relief options, contact a caring attorney from The Kavinoky Law Firm today for a free consultation.

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