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Relief Program | Prop 47

For assistance with the Relief Program, contact your nearest Public Defender Office.

Riverside

Law Office of the Public Defender

Post Conviction Relief Dept.

4075 Main St. Suite 100
Riverside, CA 92501 

(951) 955-6000


Murrieta

Law Office of the Public Defender

Post Conviction Relief Dept.

30755 Auld Rd. #D 
Murrieta, CA 92563

(951) 304-5600


Indio

Law Office of the Public Defender

Post Conviction Relief Dept.

82995 Highway 111, Suite 200
Indio, CA 92201

(760) 863-8231


 

 

We've all made mistakes in our life and would love the opportunity for a second chance. This program is designed to give you information about the various types of post-conviction relief available and about the process to clear your record. 

 

 

 

 

The Relief Program gives you a brief explanation about the various types of relief available, including early termination of probation, reduction to a misdemeanor, expungment, and Certificates of Rehabilitation.

In our "Get Started" section, you'll find a link to our "Relief Program Packet" which you'll need to submit to request our services in clearing your criminal record.
You'll also find links to contact our professional staff, in the event you still have questions on any available relief, or to track the progress of your request.

EARLY TERMINATION OF PROBATION

If you are still on probation and would like to terminate your probation early, we can help. In seeking this relief, you must have a good reason to make this request. For example, you have an offer for a job or are seeking a job that requires that you are not currently on probation, or that as part of your plea agreement you were promised an early termination of probation upon the successful completion of certain terms and conditions of probation.

In order to request an expungment you cannot currently be on probation or parole. However, if you can show the court "good cause" you can then request early termination of probation.

Examples of "good cause" may include written proof that:

  • An employer is denying a job due to your criminal history.
  • An employer has given you a termination notice due to your criminal history.
  • The military will not accept you due to your criminal history.
  • A professional licensing agency is denying you a license for work (ie. nursing, contracting, etc) due to your criminal history.

You must also have:

  • Fulfilled all terms and conditions of probation with no violations.
  • Completed any program requirements (i.e. drinking driver classes, domestic violence classes, parenting classes, etc.).
  • Paid all fines and fees.
  • Completed a substantial period of the probation time unless there are unusual circumstances.

Get Started

EXPUNGMENT

[Cal. Penal Code 1203.4 & 1203.4a]

Under Penal Code section 1203.4, a conviction may be set aside and dismissed on your record so that when you apply for most jobs you can legally indicate that you were not covicted of that crime. In order to qualify, you must not be on probation or parole, you were not sentenced to state prison on this case, you are not currently charged for a crime, and your conviction is from Riverside County.

Expungment is the process that allows a person to withdraw his or her guilty plea, enter a plea of not guilty, and have the charges dismissed.
In order to be eligible to request this relief either:

  1. You received probation for that conviction and:
    • You successfully completed probation or terminated early.
    • You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence.
    • You are not currently serving another sentence or on probation for another offense, AND
    • You are not currently charged with another offense.
  2. OR
  3. You never received probation and:
    • Your conviction was a misdemeanor.
    • It has been at least one year since the date you were convicted.
    • You have complied fully with the sentence of the court.
    • You are not currently serving another sentence.
    • You are not currently charged with another offense AND
    • You have obeyed the law and lived an honest and upright life since the time of your conviction.

You are eligible for an expungment and the court has the discretion (choice) to grant you that relief if: You received probation but had a minor violation AND:

  • You have paid all the fines, restitution and reimbursements, ordered by the court as part of your sentence, AND
  • You are not currently charged with, on probation for, or serving a sentence on any other offense.

It is up to the court to decide if your conviction should be expunged, so make sure to give us as much helpful information as possible to convince the court to grant you your request. Once your expungment request is granted, you can, in most situations, answer "no", to a question on an employment application, asking if you've ever been convicted of a criminal offense. An expungment does not:

  • Seal the conviction record.
  • Allow you to own or possess a firearm.
  • Prevent the conviction from being alleged as a "prior conviction" in future prosecutions.
  • Remove the conviction for immigration purposes.
  • Relieve you from the obligation to register as a sex offender.

Get Started

REDUCTION TO MISDEMEANOR

[Cal. Penal Code 17(b)]

In some instances your case may warrant a reduction to a misdemeanor. In order for us to assist you, you must provide the following documentation:

  • A copy of your police report, if you were not a former Public Defender client.
  • Documentation showing completion or current enrollment in an educational, vocational or rehabilitation plan.
  • Documentation showing you have been rehabilitated since your conviction. (Volunteer work, participation in social organizations or church activities, etc.)

Get Started

CERTIFICATE OF REHABILITATION

[Cal. Penal Code 4852.01]

A Certificate of Rehabilitation is available for persons who do not qualify for the expungment process; it is a legal action to restore your civil rights. Most individuals that seek this relief have had prison sentences. Basically, when the court grants a Certificate of Rehabilitation it is declaring that you've been "rehabilitated". When a petition is granted, it acts as an automatic application to the Governor for a Pardon.
To be eligible for this relief:

  • You must have been convicted of a misdemeanor sex offense or a felony
  • AND
  • You must have resided in California for at least 5 years before filing the petition
  • AND
  • You must have completed a "period of rehabilitation" (ranging from 7 to 10 years, depending on the conviction offense(s)).
  • Additionally, if you were placed on probation, you must first have had the conviction expunged.

If you cannot establish the 5 year residency requirement, you can pursue a Governor's Pardon directly [Cal. Penal Code 4800]. How to apply for a pardon. Any questions regarding the Governor's Pardon should be directed to Govenor's Website.(www.gov.ca.gov)

A Certificate of Rehabilitation does not:

  • Seal your record
  • Allow you to deny the conviction in response to questions on employment applications or for State licensure
  • Restore your right to own or possess a firearm
  • Apply to all offenses. If your conviction was for a violation of Penal Code 286(c), 288, 288a(c), 288.5, 289(j), or you are serving life parole, you may not petition for a Certificate of Rehabilitation.

Get Started

 

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