Pursuing Second Chances in California
At Simmons Wagner, LLP, we believe a criminal conviction does not have to be the end of the line for your future. California provides various legal avenues for individuals to seek relief even after a guilty plea, conviction, or completion of their sentence. Our firm, based in Irvine, serves clients throughout Orange County and across the state, working diligently to reduce or eliminate the negative impacts of a criminal record. If you’re ready to explore your options for post-conviction relief, call (949) 439-5857 for a confidential consultation.
Understanding Post-Conviction Relief
Post-conviction relief refers to legal remedies available after a conviction or guilty plea. These options aim to address issues such as wrongful convictions, changes in the law, or personal circumstances that merit re-examination of a case. Common forms of post-conviction relief in California include:
Expungements (Penal Code §1203.4)
- Allows eligible individuals who have successfully completed probation or a sentence to withdraw their plea or set aside a conviction, helping them move forward without the ongoing stigma of a criminal record.
Sentence Modifications & Reductions
- Certain felony convictions classified as “wobblers” may be reduced to misdemeanors. Proposition 47 and other laws can also reclassify specific nonviolent offenses.
Habeas Corpus Petitions
- A separate legal procedure to challenge the legality of one’s imprisonment or raise constitutional violations that occurred during the trial.
Certificate of Rehabilitation & Governor’s Pardon
- Individuals who have maintained clean records for a designated period can apply for a Certificate of Rehabilitation. If granted, it can serve as a basis for seeking a full pardon from the Governor of California.
Motion to Vacate a Conviction (Penal Code §1473.7)
- Particularly relevant for noncitizens or those who faced significant legal violations—this motion can be used to challenge convictions based on legal errors or adverse immigration consequences.
SB 1437 & Other Resentencing Laws
- Legislation that provides relief to certain individuals convicted under the felony-murder rule or other sentencing enhancements, offering opportunities for resentencing or reduced charges.
Potential Benefits of Post-Conviction Relief
- Improved Employment & Housing Prospects
- A cleared or reduced criminal record can make background checks far less daunting, paving the way for better job opportunities and housing options.
- Professional Licensing
- Certain state licensing boards may deny or revoke credentials based on criminal history. Post-conviction relief may open doors previously closed due to a conviction.
- Immigration Relief
- For noncitizens, vacating or reducing a conviction could help avoid deportation or other immigration penalties.
- Social & Personal Consequences
- Moving beyond a criminal record can alleviate the emotional weight of a past mistake, helping you rebuild personal relationships and community standing.
Our Approach
Comprehensive Case Review
We begin by examining your court documents, criminal records, and any relevant facts—looking for errors, new evidence, or recent changes in California law that could apply to your situation.
Tailored Strategy
Based on your unique circumstances, we identify the most suitable path—be it an expungement, resentencing motion, Certificate of Rehabilitation, or another remedy. Our goal is to maximize your chances of success.
Filing and Representation
We draft petitions, motions, and supporting evidence meticulously, adhering to all court rules and deadlines. Should a hearing be required, we advocate on your behalf, presenting persuasive arguments for relief.
Collaboration with Experts
In complex cases (e.g., DNA testing for innocence claims), we work with investigators, forensic experts, or psychological professionals to bolster your petition and demonstrate your eligibility or innocence.
Ongoing Guidance and Support
Post-conviction relief does not always end with a single court order. We remain by your side to ensure you meet any additional requirements—such as completing probation terms or fulfilling court-mandated programs.
Why Choose Simmons Wagner, LLP in Irvine, CA, for Post-Conviction Relief?
- Extensive Criminal Defense Knowledge
Our attorneys have significant experience with trials, appeals, habeas corpus proceedings, and other post-conviction remedies. We continually stay updated on evolving California statutes to offer cutting-edge representation. - Client-Centered Advocacy
We understand that post-conviction relief can be life-changing. Our team invests the time to listen to your goals, anxieties, and concerns, crafting a plan that reflects your priorities. - Detail-Oriented Approach
Whether reviewing trial transcripts or collecting new evidence, we leave no stone unturned. This diligence is often essential to securing a fresh start. - Local Roots, Statewide Reach
Based in Irvine, we serve clients throughout Orange County and the entire state of California. Our familiarity with local courts, prosecutors, and judges enhances our ability to tailor effective strategies. - Track Record of Success
From helping clients expunge minor offenses to guiding them through complex resentencing petitions, our firm has a proven history of obtaining positive outcomes for individuals seeking a second chance.
Contact Us
A past conviction does not have to define your future. At Simmons Wagner, LLP, we offer thorough, compassionate representation to help you explore every avenue for post-conviction relief. Call us at (949) 439-5857 to schedule a free, confidential consultation. Let our legal team guide you toward a brighter tomorrow, armed with the knowledge and advocacy you deserve.