When a person is convicted of a crime, their immediate concern is generally what their sentence will be. It takes longer for them to think about something that can be far longer and more serious: Their future. Having a criminal conviction on your record can lead to difficulty finding somewhere to live, getting a job, or getting a professional license.
This can feel like a helpless situation but the truth is that there are options. Read on to learn about six potential post-conviction relief options that may work for you or a loved one. Then contact Chambers Law Firm at 855-397-0210 for a free legal consultation.
- Habeas Corpus
- Resentencing via Prop 47
- Certificate of Rehabilitation
- Governor’s Pardon
In the event a legal error was made when your original case was handled, and the error that occurred likely affected the outcome of your case, then you can appeal. Potential results including having the conviction overturned, getting a new trial, or having your sentence adjusted.
A writ of habeas corpus offers justice for a person who is unlawfully restrained and / or imprisoned. It is an option that is rarely used as it applies to extraordinary circumstances.
For those convicted of a felony drug or theft crimes, if the crime they were convicted of is now considered a misdemeanor due to Prop 47 then a resentencing petition should be filed. It could result in the charge being reduced to a misdemeanor and the sentenced being reduced accordingly.
When a conviction is expunged from a person’s criminal record it means that the person is then legally able to say “No” when asked if they have been convicted of a crime. It will not appear on most background checks. Most crimes are eligible for expungement, with the exception of some sex crimes, as long as the defendant did not have to serve time in prison and completed their sentence.
In the event that you cannot get your sentence expunged, it may be possible to get a certificate of rehabilitation. As a result, state licensing agencies cannot discriminate against you due to your conviction, and in most cases it also results in a sex offender no longer having to register.
While a Governor’s Pardon neither seals nor destroys a criminal record, it can provide relief. For example, it can give you back your right to own a gun and serve on a jury.
If you or a loved one has been convicted of a crime there is no reason to give up. There may be options that can significantly improve the situation. If you believe that you or your loved one’s case qualifies for one of the above, contact Chambers Law Firm at 855-397-0210 for a free legal consultation.