Post-Conviction Relief in Orange County
Seek Experienced Legal Representation with Our Santa Ana Criminal Defense Lawyer
Whether it’s a felony or a misdemeanor, not only does a criminal conviction result in jail/prison time, fines, and a host of other penalties, but also a permanent criminal record. A criminal conviction can make it difficult for you to obtain employment, apply to colleges and universities, find housing, and even remain in the country if you are an immigrant. Fortunately, it is possible to fight your conviction by filing for post-conviction relief.
At the Law Offices of Benjamin Arsenian, we understand how a criminal conviction can have a negative impact on your life. As a former prosecutor, Attorney Benjamin Arsenian possesses extensive knowledge of the criminal justice system and can guide you through the intricacies of the legal process in order to obtain the best outcome possible. We can evaluate your situation, figure out all of your available legal options, and help you put the past behind for good.
How to Obtain Post-Conviction Relief
There are two forms of post-conviction relief: rehabilitative and non-rehabilitative. Rehabilitative relief involves expungements, state certificates of habitation, and pardons. On the other hand, non-rehabilitative relief entails extraordinary writs and statutory motions to vacate.
In order to apply for post-conviction relief, you must be able to demonstrate your rights were violated during the original trial or appeal. You must also apply within one year from the date of conviction or when you direct appeal ends.
The following are the common forms of post-conviction relief:
- A motion to overturn a conviction due to ineffective assistance of counsel (i.e. your criminal defense attorney provided inadequate representation)
- A motion to re-sentence a crime to prevent an aggravated felony or otherwise deportable criminal conviction
- A motion to withdraw a guilty or “no contest” plea due to the failure to the court
- Reduce a felony conviction to a misdemeanor
- A motion to withdraw a plea for other reasons
- Petition for habeas corpus
All of the above forms of post-conviction relief can essentially “clean” your criminal record and ensure you can live a normal life and/or avoid deportation. Attorney Arsenian can determine which type of post-conviction relief applies to your case.
Schedule a Free Consultation Today
In order to get the most favorable results, having an experienced lawyer on your side can make all of the difference. We are apply several laws such as PC 1473.7 in order to clear your rap sheet. Do not hesitate to let us help you get your life back on track immediately.
If you are interested in filing for post-conviction relief in Orange County, contact us at 714-400-2000 to discuss your case today.