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Sonoma County |
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Pardon for your past convictions! Questions regarding pardon answered by experienced and successful criminal defense attorney. Free consultation in Santa Rosa, Napa, San Rafael, Lakeport, Ukiah or Eureka.A pardon from the California Governor's Office will be granted to you only if you have led an exemplary life for approximately ten years following your felony conviction. A pardon is a privilege, not a right, and is definitely not granted to every person who applies. The Governor has 100% complete discretion in deciding who gets a pardon and who does not. Generally, acquiring a pardon is a product of having lived an exemplary, law-abiding life for a substantial period of time. What is generally considered to be a minimum period is ten years, and this time will be shortened only in extraordinary circumstances. If your pardon application is based on the ability to establish factual innocence, a period of less than ten years will be considered. Typically, the first step of a pardon attorney in representing someone applying for a pardon is to obtain a Certificate of Rehabilitation from the Superior Court in your county of residence. All other pardons are by way of what is referred to as a 'direct pardon' or traditional pardon. All pardons are referred to the Board of Prison Terms for investigation and this Board may contact the District Attorney, investigating law agency or any other person and provide information favorable or unfavorable regarding your application. A pardon will not seal your criminal record but will change it. The pardon becomes a public record and both the FBI and California Department of Justice will generally update their records to reflect your acquisition of a pardon. Pardons are generally reported to the Secretary of State, the California State Legislature and become a matter of public record. If your pardon attorney is successful in obtaining a Governor's Pardon, the issuance of a Governor's Pardon: 1. Will not pardon any conviction from another state or from a federal jurisdiction. 2. Will not restore your ability to own a firearm if you were convicted of an offense involving the use of a dangerous weapon. Penal Code §4854. 3. Will not allow you to answer 'no' on an employment application to a question of whether or not you have a record of conviction. If you have been pardoned, you cannot say you have no record of arrest or conviction, but you can say that you have been convicted and pardoned. 4. Will not prevent the offense for which you were pardoned from being considered as a prior conviction if you are charged with a new offense. 5. Will not seal, erase or expunge the record of conviction. Penal Code §4852.17. The key reasons our clients hire a pardon attorney to request a pardon are (1) for personal satisfaction, (2) applying for a job, and (3) for bonding or state licensing. If you receive a pardon, you may serve on a jury. California Code of Civil Procedure §203(a)(5) and Penal Code §4852.17. In addition, if you receive a full and unconditional pardon, you may apply for a position as a county probation officer or state parole officer, but you cannot generally be employed as a peace officer. Government Code §1029. Regarding firearms, if you receive a Governor's Pardon, you may own or possess any type of firearm that can be lawfully possessed by other California citizens with the exception that if you were convicted of an offense that involved the use of a dangerous weapon, the right to possess firearms will not be granted to you. In addition, a California Governor's Pardon does not permit possession of weapons in another state, nor does a pardon resolve any federal firearm restriction or prohibition. Generally, the right to own or possess firearms is governed by Penal Code §4854. Licensing by a state agency can be enhanced for you through the acquisition of a Governor's Pardon. A licensing agency may still reject your application or revoke your license, but generally a Governor's Pardon is considered favorably in determining whether a license should be granted to you to practice certain professions. Penal Code §4853. If you are seeking a Governor's Pardon, one of the best decisions you can make is to speak to a criminal defense attorney. Our practice concentrates in the counties of Sonoma, Marin, Napa, Mendocino, Humboldt and Lake. Our six Bay Area offices are centrally located in the cities in which the courthouses are located, including Santa Rosa, Napa, San Rafael, Lakeport, Ukiah, and Eureka. We welcome all questions and inquiries and will answer them in a pleasant, courteous and helpful manner. To speak with an attorney, call us today! |
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