1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

Examining Dismissals in California Criminal Cases

Posted on in Criminal Defense

Santa Clara County conviction dismissal attorneyBeing convicted of a crime can affect everything from personal relationships to your career. If you are convicted of a crime, you will probably have to notify your employer and futur employers of the conviction. Your friends and acquaintances could change their perceptions about you. Criminal convictions can have a huge effect on your life, but it is important to know that you have options on how to deal with them. One such option is to request a dismissal of conviction against you. 

What is a Dismissal?

Many people refer to dismissals as an expungement when they are, in reality, a dismissal. A dismissal changes your plea of guilty or no contest or your guilty verdict to not guilty once you have made a formal request to the court. If the court grants your dismissal, your criminal record will no longer show that you were convicted, but that your case was dismissed. There are certain restrictions that apply when requesting a dismissal, but many crimes qualify for dismissal.

What Convictions Qualify for Dismissal?

Determining eligibility for a dismissal can be confusing because certain requirements must be met. If you were convicted for a misdemeanor crime and you received probation, you are eligible for dismissal if:

  • You completed your probation sentence or received an early release;
  • You paid restitution or payments that were a condition of your probation;
  • You are not on probation or serving a sentence; and
  • You are not facing any other charges.

If you were convicted for a misdemeanor crime and you did not receive probation, you are eligible for dismissal if:

  • At least one year has passed since your conviction;
  • You complied fully with your court sentence;
  • You are not facing other charges or serving another sentence; and
  • You obeyed the law and stayed out of trouble since your last conviction.

These are just two of the situations in which you would qualify for a dismissal. Certain felonies can also qualify, as long as you were not sentenced to state prison.

A Santa Clara County Expungement Lawyer Can Help

If you were convicted of a crime, you do not necessarily have to live with a criminal record for the rest of your life. With help from an accomplished San Jose, CA criminal defense lawyer, you may be able to apply for a dismissal of your conviction. The Jachimowicz Law Group can help you determine whether you are eligible for a dismissal. The time to change your life is now - do not hesitate to call. To schedule a consultation, call our office at 408-246-5500.

Sources:

http://www.courts.ca.gov/1070.htm#acc9460

http://www.courts.ca.gov/1070.htm#acc9459

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=2.&chapter=1.&article=

 

 

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top