Appeals, Expungements and Extradition (866) 381-6922

When you feel you have been wrongly convicted, or if you think mistakes were made at your trial, what are your choices?

Or if you made a mistake long ago that remains on a pubic criminal record, what can you do to clear that felony record so that employers and others cannot see it?

Contact the appeal lawyers and expungement attorneys at the Takakjian, Sowers & Sitkoff LLP law firm. Ask for a free consultation at any of our offices in Los Angeles County, Ventura County, and Orange County in Southern California. Our fees are reasonable and we can help you!

Appeals and Criminal Record Expungement Lawyers
As Former Deputy District Attorneys - We Know the Law for Criminal Appeals, Expungement Law and the Local Courts!
Call for a free consultation (866) 381-6922

How can I seal my California arrest record?

California Penal Code section 851.8 allows you to petition the California Superior Court to have an arrest record (excluding infractions) sealed and destroyed upon a "Finding of Factual Innocence" or if no prosecution or filing of a criminal complaint ever took place. Forms must be filed with the arresting agency and prosecuting attorney of the city or county having jurisdiction over the alleged offense.  Please call us, we can help you petition to have your record sealed.

APPEALS

Do you have questions about what will happen next?

Do you know your rights?

Did the police do an illegal search?

You may be asking yourself:

"Should I go to the expense of hiring an Appellate or Expungement Attorney?" Yes!

Changing a conviction or sentence, modifying a conviction or sentence, or removing a felony record or misdemeanor conviction from public view requires a thorough understanding of the law, close attention to detail, and an ability to write compelling motions and briefs focused on the law.

• There are time restrictions on filing a criminal appeal. If you want to file a criminal conviction appeal or request an administrative review, act quickly. Contact a California criminal appeal lawyer to begin the appeal or review process.
• If you disagree with the judgment against you and believe an error was made that affected that judgment, talk to an appeals lawyer. At our law firm, we can review the trial transcripts for errors, request that the decision be overturned, and, if necessary, file an appeal with an appellate court.
• Courts of Appeal do not retry cases or hear testimony. They rely on transcripts and other documents filed with the appeal.
• A criminal appeal is a request for an appellate court to review the judgement of another court. An criminal appeal is not a new trial. The person filing the appeal is the Appellant.  The Respondent is the person against whom the appeal is filed, usually "The People of the State of California" in criminal appeals
• Appeals are usually based on errors of law occurred in a plea or at trial in admitting evidence, incorrectly applying the law, improper jury instructions, or insufficient evidence to support a verdict. A criminal appeals lawyer can evaluate your situation and help you decide what you can do.
• The most common way to request a review is to file an appeal. There are times when it may be more effective to file a writ with the appeals court.  Writs are similar to appeals, but they request the review court to review a case before a case has reached a final judgment. If the appeals court grants the writ, the trial court must modify the affected order.

EXPUNGEMENTS

• How long do you have to live with a criminal conviction on your record?
• If you have fulfilled all the requirements of your sentence or probation, talk to an expungement lawyer about clearing your felony record or misdemeanor public record. For a misdemeanor, you can ask for an expungement as early as one year after the date of sentence or completion of probation. Even after a coviction on a felony criminal offense, certain felonies can also be expunged and be reduced to a misdemeanor and the criminal case will then be dismissed!
• What are your expungement rights? Contact an expungement attorney who can explain the felony criminal record or misdemeanor criminal record law and how it affects your specific situation.  California Penal Code sections 1203.4 and 1203.4 (a) allow someone to withdraw his or her guilty plea or plea of no contest and instead have a plea of not guilty entered on their record; or have a guilty verdict set aside!
• Under California Penal Code section 1203.4, if you have been convicted of a crime and you were granted probation, you are entitled to have your record expunged after the period of probation has ended (and in some cases, even sooner).  When we file a "Petition for Expungement" the courts look to see: 1) If you have fulfilled the conditions of probation for the entire period; 2) were you discharged before the termination period of probation; or 3) an expungement can be granted in any case in which a court, in its discretion and in the interests of justice, determines the expungement relief should be granted.
• What will the court consider?  In deciding whether or not to grant the motion to expunge a criminal record, the court will consider how well someone performed while on probation and the court can consider the conduct of the individual after they completed probation (such as your personal and professional life, subsequent schooling, degrees, employment, family life, counseling and/or programs, community service, status in the community, and why you wish to have your criminal record expunged).  We can help you by filing the Petition for Expungement and we can appear in court on your behalf.
• The grant of an expungement petition does not eliminate from your record the fact that an arrest occurred or that criminal charges were filed against you (the case can still be used in some cases as a "prior conviction" if convicted of the same offense in the future; but it does allow you to change your plea to not guilty and to have the case dismissed on your record! 
• You would still need to disclose the previous conviction when applying for a government position.  But after the expungement petition is granted, you can then honestly say to private amployers that you DO NOT HAVE A CONVICTION ON YOUR RECORD!  CALL US - WE CAN FILE THE EXPUNGEMENT PETITION FOR YOU!

• To qualify for an Expungement under 1203.4 of the California Penal Code, you must meet the following criteria:

You were convicted of a California Misdemeanor or Felony

Probation was granted on the case

You fully completed the terms and conditions of probation

You served the entire term of probation

You have paid any Restitution and fines

And you are not currently on probation serving a sentence, or charged on another offense

• To qualify for an Expungement under 1203.4a of the California Penal Code, misdemeanor expungement without probation, you must meet the following criteria:

You were convicted of a misdemeanor offense

At least one year has gone by since you were convicted

You were sentenced on the case but probation was not granted

You fully complied with the sentence the court imposed

You are not currently charged with or on probation for any other offense

And you have paid any Restitution and fines

• HOWEVER, SOME OFFENSES DO NOT QUALIFY FOR AN EXPUNGEMENT

•  WHAT SHOULD I DO TO FILE FOR AN EXPUNGEMENT OF MY CRIMINAL RECORD?

Contact our expungement attorneys who can explain the felony criminal record or misdemeanor criminal record law and how it affects your specific situation. Call us at (866) 381-6922 - We can help you!

EXTRADITION RIGHTS IN CALIFORNIA

If someone has been arrested in another jurisdiction, such as another state, the defendant has the right to require the issuance and service of a "Warrant of Extradition" by the Governor of the State of California before he or she can be returned to the state demanding their extradition.

They have the right to have a qualified extradition lawyer represent them in the extradition court proceedings in this state at all stages of the proceedings.  And that extradition attorney may be of the defendant's own choosing.

When an extradition warrant is issued by the Governor and served on the defendant, the defendant has the right to test the legality of such warrant by a writ of habeous corpus.  And the right to a reasonalbe time after the service of the extradition warrant to apply for a writ of habeous corpus.

When you need help in an extradition matter.  Or if you have been convicted of a crime and feel you did not get a fair trial, talk to a criminal appeals lawyer at Takakjian, Sowers & Sitkoff LLP.

Or if you have served your sentence or probation and want an expungement, talk to an expungement lawyer at Takakjian, Sowers & Sitkoff LLP.

We are all former deputy district attorneys and we know expungement law and the local courts. Our expungement lawyers are ready to protect your rights and develop your defense strategy.

Free consultation. Call now (866) 381-6922 or e-mail us today.

Takakjian, Sowers & Sitkoff LLP, is a California Bar criminal defense law firm ahndling criminal expungement petitions. Please call us, we have offices throughout Southern California including Ventura County, Orange County, or Los Angeles County.

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