Criminal Law

Expungement

A past felony or misdemeanor conviction can have severe negative consequences on a person’s ability to obtain employment. Additionally, a past conviction can also negatively impact one’s immigration status or ability to obtain a professional license. Even minor misdemeanor convictions can result in being denied entrance to college or denial of federal or state financial aid. However, California law provides several remedies for people who are suffering the consequences of a prior conviction or arrest.

1. Expungement – Penal Code §1203.4 and §1203.4(a) – If you are no longer “serving a sentence for any offense, nor on probation for any offense, nor under the charge of commission of any crime” you may be eligible to have your guilty plea withdrawn and your conviction set aside, resulting in a dismissal. 
2. Termination of probation – Penal Code §1203.3 – If you are still on probation you may petition the Court to terminate your probation early if the Judge finds that doing so would be in “the interest of justice.”
3. Reducing a felony conviction to a misdemeanor – Penal Code §17(b) or Prop 47 – Certain felonies, also known as wobblers, may be reduced to misdemeanors upon petitioning the Court.
4. Sealing an arrest record – Penal Code §851.8 – If you were arrested and your case was never filed or if your case resulted in a dismissal, you may be eligible to seal your arrest record.

Regardless of which post-conviction remedy you are seeking, having an experienced attorney to draft and argue any necessary motion is the key to success. The Law Office of Andrew Delahunt has handled hundreds of post-conviction relief cases, which has in turn allowed his clients to successfully move forward with their lives and put the burden of their prior conviction behind them.

Asset Forfeiture

A growing trend among federal, state, and county law enforcements agencies is seizing assets, property, and currency from individuals. Asset forfeiture occurs when one of these law enforcements agencies seizes your money or property because they believe that it was obtained as a result of illegal activities. In some case, your property or money may be seized without you even being arrested or charged with a crime.

Once property or money is seized the burden is on the individual to prove that the property was obtained from legitimate sources. Unfortunately, the government does not make this an easy process. First, the DEA or County Prosecuting Agency requires that the individual file an opposition with the court within set period of time. If the deadline is missed one’s property could automatically be forfeited. Then the government requires that the individual provide tax documents, receipts, and employment information to prove the source of the income. The process is confusing, frustrating, and tedious.

Having an experienced attorney who handles these matters is the key to having one’s property and/or money returned.