Record Clearance

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Expongements and Order to Seal Criminal Records  

Come In. Feel Better.

*"Mr. Green helped me with my felony expungement after I failed to do it on my own two separate times. He repackaged the application got the felony reduced and then dismissed. The process took a month as promised. I now have a good job and finally am on my feet. He was very communicative and helpful. Thanks Mr. Green! Sincerely, Gail Clark"

Served time in state prison?  Parolee status affecting you getting a job or leasing an apartment?
You can expunge your criminal record even if state/federal jail time was served. An expunged record will also address parolee status in the eyes of employers obtaining a professional license or from getting a job to leasing an apartment (individual circumstance sensitive).

Flat fee in all cases in this legal area.

San Jose Expungement Attorney

Never in modern times has the ability to check someone's background been so universal. Employers are constantly checking the backgrounds of new employees and often denying them employment due to blemishes on their permanent criminal record. However, there is a way to legally remove these past actions off of your record. This is known as expungement, giving you a clean slate to begin your life again.

The staff at the Law Offices of Holden W. Green, A Professional Corporation has an exceptional track record when it comes to handling record clearances. In fact, the firm has never lost the petition for an expungement. This service is often invaluable to individuals who are eager to get a fresh start and have the crimes of their past expunged from their record.

The firm is committed to handling these types of cases as efficiently and effectively as possible. Mr. Green is an exceptionally skilled expungement attorney who is on a first name basis with all of the legal professionals in the Santa Clara County courthouse. He holds a favorable reputation throughout the legal and local communities.

Coast to Coast Service in this area of practice
It is not necessary for the client to actually come to the law office to begin their record clearance process. All correspondence can be completed by mail or fax. The law office represents clients all over the country and has successfully completed their record clearance in this manner. Many clients picked up a conviction in courts in California but have since moved away.

The Law Office of Holden W. Green now has an exciting new office to serve its SF clients.  We are available at: 201 Spear Street, Suite 1100 San Francisco, CA 94105 (415-738-2262).

The process still requires that the record clearance must be addressed in the county courthouse where the violation occurred. Since it is expensive for out of state/area clients to travel to either the office or the courthouse it is very reassuring that there is an efficient experienced and communicative lawyer to handle every aspect of the clearance.  Since a personal appearance is not required, the entire transaction can be successfully completed conveniently. This process can apply to sealing a criminal record, finding of factual innocence, and certificate of rehabilitation.  From San Diego to Eureka, the law office has lawyers in place to make that personal appearance meaningful and complete.

For Our Out of County Clients
These out of county requests can be treated like a client out of the area or the state. Once an agreement has been reached over the phone, any secure method of mail/service can easily be arranged. A third of the firm's clients have been out of the area or from other states. Please contact the Law Offices of Holden Green for more information.

Sealing a Criminal Record (PC §851.8)

Though the past convictions do not appear on your record for most parties that are interested in your background, they are visible to certain parties such as a district attorney. The convictions may still be used in court even though they were cleared from your record.

Contact a San Jose expungement attorney at the Law Offices of Holden W. Green, A Professional Corporation today to learn more about how the firm may help you clear your criminal record. A free 35-minute initial consultation is available.

Here are some additional ways the Law Office of Holden W. Green, A Professional Corporation can clear your record and rehabilitate yourself prior to convictions or arrests. Please contact the law office for specific answers to your questions.

Juvenile

Yes, there is a way to get juvenile records dismissed or expunged:
If as a minor you were honorably discharged paperwork of this is usually sent to the individual at the time) by the California Youth Authority Board (CYA) then any crime can be petitioned to be dismissed pursuant to Welfare and Institutions Code Section 1772. The traditional requirement is that no time was served in local or state prison but completely within the CYA system (as a general rule). The Law Offices of Holden Green can prepare both petitions for you and represent your petition in court.

Sealing a Record (PC §851.8 and §851.90)

Any juvenille record should be sealed and can be sealed at any time. As an adult a record can be sealed for any drug diversion alternative sentencing such as DEJ or Prop 36. What a SEALING ORDER does is destroy any mention of the arrest, booking photo's fingerprints etc. A sealing order pulls any mention of the charge from the Department of Justices Website , can never be researched in any form . Basically the arrest and punishment is "vaporized" from the criminal system.

SEALING ORDERS - THE 10 YEAR RULE

If 10 years has gone by without any incidents of a conviction both felonies and misdemeanors can be sealed pursuant to PC 8518. This motion can be for ANY case strke cases,dangerous felonies anything except (murder and 290 registration requirements) and is a completely discretionary order not mandated by the legislature. For these type of requests the original file must be gathered. The law office can help in this process as most clients do not have the original file after 10 years.

Cases that are as a result of a drug divirsion program (DEJ and Prop 36) and finding of factual innocence can be brought as soon as the case is abandoned by the DA . In drug divirsion cases the sealing request can be brought at the end of the DEJ 18 month period and with prop 36 after probation period has ended which could be one year to three years. the key here is to no longer be on probation and have received a certificate of completion from the judge.

Finding of Factual Evidence

This petition can be presented to the court if after arrest the district attorney and or the judge dismissed the case in the interest of justice. Clients think that because a matter is dismissed the incident vanishes from the public record. That is incorrect. A petition must actually be made before the court and ordered cleared or expunged from the permanent file. Only a court order can do this. The process is one court appearance plus preparation.

The petition must be brought no later than two years from date of exoneration or case dismissal. The party does not have to wait to file this petition. It can be filed that same week (for example).

Certificate of Rehabilitation

This motion is when a party has served a state prison term. This requires a two step process:

Step 1: petition to the court for a consideration of rehabilitation. Once the court approves the petition the court send the petition to the Governor's office for a pardon. Upon granting the pardon then an expungement of that violation(s) will be entered into the party's permanent record. It is similar to a 1203.4 record clearance (see above) but is a special privilege for those who have served a state prison term (meaning that they have been on parole) and due to exemplary behavior deserve a "fresh start".

A successful application requires a generous amount of written testimonials declaring that the applicant has truly changed their ways in a very positive manner and wish to move on with there lives and become a fully functioning member of society. There can be no new violations or convictions. Past means just that Past.

A period of at least five years is required before a petition has a chance of success. If there was a firearm or dangerous weapon that was not a strike committed then an additional year or two is suggested before attempting to achieve a certificate of rehabilitation. The pardon issued by the governor.

Sealing An Arrest Record Two Ways:

Be under 18 when arrested.  Second even though one was arrested the DA dropped the charge with not conditions.  IE matter was dropped without owing any restitution, no probation (even informal) nothing it was simply dismissed.  The problem is that there is still a blemish of an arrest for a charge(s).  You can seal the file from public view under these set of circumstances. This is not the same as a finding of factual innocence.

Filing fee for Record Clearance 1203.4 and Section 17 Reduction - most filing fees are under a $100.

Arrests

TWO SCENARIOS:

If the person has been arrested but charges never filed. Even after bail. In this case a person can file a petition to get the arrest sealed and destroyed. An arrest record can interfere with getting a job as it shows up in a persons background check. The details are actually described as if it was an actual conviction. The arrest actually stays on for ever. The law ofice can help get this problem taken care of by having the paperwork presented to the local police station for approval and if that doesn't work go to any judge and they will take care of it.

The other scenario is that after charges have been filed but the case droped or dismissed, then the same process can be pursued. The key is to wipe out all evidence of a rap sheet period.

Get yourself on the right track today.  The Law Offices of Holden W. Green, A Professional Corporation can help you get there. Maximum service and effort is to be expected in very case.  Contact the firm today to get started.

The Law Offices of Holden W. Green, A Professional Corporation represent clients located throughout San Jose, California and all of the surrounding areas, including Palo Alto, Sunnyvale, Fremont, San Martin, Santa Cruz, Watsonville, Gilroy, Santa Clara County, Alameda County, San Francisco County, Santa Cruz County, and San Mateo County.

*These testimonials are not indicative of individual success. Each case has its own outcome.