Post-Conviction Petitions and Record Clearance: Expungements, Reductions, and Rights Restoration

A criminal record can have long-lasting consequences on employment, housing, immigration, firearm rights, and even family law matters. Attorneys practicing in various areas of law should understand how record clearance petitions can impact their clients’ legal standing and future opportunities.

This program will provide an in-depth overview of post-conviction relief, including reducing felonies to misdemeanors (California Penal Code Section 17(b)), expungements (California Penal Code Section 1203.4), early termination of probation (California Penal Code Section 1203.3), and restoring firearm rights. It will also cover how these processes affect immigration, family law, and employment law cases.

Criminal defense attorneys, immigration attorneys, family law practitioners, employment lawyers, and any legal professionals seeking to assist clients in mitigating the consequences of a criminal record are encouraged to attend this program.

Learning Objectives:

• Differentiate between expungements as a matter of right and discretionary expungements and understand the legal and procedural requirements for both
• Recognize when a client is eligible to have a felony reduced under and how this can impact firearm rights
• Explore how to build a compelling case for discretionary expungements, including those involving DUI convictions or probation violations
• Conduct a proper case assessment and gather the necessary documentation, such as character letters, volunteer work, and rehabilitation efforts
• Understand how a cleared record can assist in immigration applications, custody battles, and job applications, and why collaboration with attorneys in these fields is crucial
• Explore the legal avenues for restoring firearm rights after conviction and the challenges they present
• Evaluate how to argue for early termination of probation when a client is otherwise ineligible for immediate expungement