FAQ - Certificate Of Rehabilitation
Below are the most frequently asked questions regarding our California certificate of rehabilitation service. If you do not see the answer you are looking for, please feel free to contact us.
How is a certificate of rehabilitation different than an expungement?
Expungement takes the conviction off of your record, and displays as a dissmissal once the expungement is successful. A certificate of rehabilitation does modify or erase the original conviction, however, it does update your record showing the certificate of rehabiliation and it makes an extremely powerful declaration that you have turned a new leaf over in your life and that the state officially views you to be a truthful and law abiding individual. If you served anytime in prison a certificate of rehabilitation is the strongest statement you can send that demonstrates you are ready to embrace a more positive future.
What does the court consider in deciding to grant the motion?
The judge will take into account the following: "during the period of rehabilitation, the person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land." If they feel that your life after your release from state prison conforms to the above definition, then the judge should grant your petition for a certificate of rehabilitation.
How does Fresh Start Law Center find out my case details?
When you sign up online we have a client intake forum, wherein you will provide the details of your case. We will use this information to obtain the specific case information from the court where your conviction transpired. We keep an open line of communication open with you throughout the process.
What if I don't know exactly what is on my record?
For $100 we can help you obtain your record and do a full analysis of what expungement services are available to you. If you choose to sign up for any of expungement services we will apply the $100 to the service(s) price.
Does Fresh Start Law Center handle sex related cases?
No, currently we do not handle any expungement cases wherein the underlying conviction was for a sex related offense.
Should I hire a record clearing lawyer or can I do it myself?
The expungement laws in California are complex and convoluted, and the expungement process is a legal process. It is highly recommended that you not only hire and attorney but that you make sure the attorney you are hiring is experienced in California expungement law. A law firm like Fresh Start Law center will (1) make sure your petition and accompanying legal documents are done right the first time, ensuring that your petition does not get rejected which would cost you money (court filing fees, etc.) and months of delay, (2) handle all of the timing of the legal intricacies in the case (e.g., the DA must get 15 days notice of the filing of the petition, etc.), (3) handle any opposition from the DA to your petition, (4) we will send an attorney to argue on your behalf to any mandatory hearings required by the judge (you will not be required to attend), and (5) write letters to potential employers explaining the expungement process. ALL
Do you have payment plans for your services?
We understand that there are different needs and that not everybody can make a full payment initially for our services. We work with our clients to provide payment plans for all of our services. Every service we offer has the option to split the total price up over three monthly payments.
Does it matter if I pled guilty or nolo contendere (no contest)?
No, how your conviction was established does not matter, as long as you never served time in state prison.
How do I get updates on the status of my case?
When you sign up with Fresh Start Law Center you will be given an online account. You will then be able to login to your account on our website and view the status of your case 24 hours a day, 7 days a week. We will provide any updates on your case as we receive them. Beyond that we are always here to answer any questions you might have, you are always free to write us an email or shoot us a phone call.
How long does the process take from start to finish?
Typcial case will take between 2 - 6 months. We base our time estimate on the typical amount of time a case of this nature is currently taking in the state of California. But, cases can take a shorter or longer amount of time depending on the unique facts of the case. We begin working on your case from the second you sign up with us, and we constantly strive to get the quickest resolution possible.
Can my case be completed faster?
We start working on your case the second you sign up with us, and push very hard to get the necessary paperwork filed with the appropriate agencies. Once we have filed all of the necessary paperwork there is nothing we can do to speed your case along. The fact is that the court handles each case on a first come first serve basis. So the length of your expungement case will depend on how backed up the courts are at the time we file your paperwork.
Will I ever have to go to court?
Although we will attend any hearing on your behalf, the judge often requires you to attend as well for certificate of rehabilitation cases.
What are the main reasons my record clearing attempt would get denied?
If our petition is rejected, it is almost always for one of numerous reasons: a mistake within the legal file, a mistake made in the petition, the judge doesn't feel it would be to the benefit of society, violation of a probationary term, or not paying fines or completing all the requirements of your sentence (e.g., mandatory classes, community service, etc.). This is why it is essential to hire an expungement attorney, as they will greatly optimize your chance at a successful expungement.
What if my record clearing case gets denied by the judge?
Should your case be rejected, we will assess the reason for the refusal and identify the optimal course of action given the unique facts of your situation.
