According to a report released by Californians for Safety and Justice, about 8 million residents of California are living with a prior criminal conviction. Having a criminal conviction on your record can affect your ability to secure public benefits, employment opportunities, housing, or even get admitted to college. Likewise, a defendant with a prior conviction may be facing the possibility of harsher sentencing and other devastating ramifications if convicted of another crime. If you have successfully completed your sentence and want to file a petition to have your prior conviction stricken from your record, speaking with a knowledgeable California criminal defense attorney is imperative for detailed guidance.
At McCready Law Group, I'm committed to offering comprehensive legal guidance and reliable representation to clients in matters of striking prior convictions. As your attorney, I will review and investigate every detail of your situation and enlighten you about the state's laws regarding dismissing or striking your prior convictions. I will also determine your eligibility and explore your available legal options. I will fight aggressively on your side to protect your rights, get the prior conviction off your record, and ensure that you are given the second chance that you deserve.
At McCready Law Group, I proudly serve clients across Long Beach, California, and the surrounding communities of Cypress Hill and Lakewood.
There are several benefits of having a prior conviction stricken from your record, including:
Pursuant to California Penal Code Section 1385(a), "The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record." This may also be referred to as the Romero motion.
Under California law, a Romero motion may be filed by a defense attorney when the defendant has been charged with a violent felony offense or a minor crime if the offender has prior strikes on his or her criminal record and faces the possibility of harsher sentencing and other devastating ramifications if convicted. The defense attorney may file the motion at any time during the criminal proceeding prior to sentencing.
When ruling on a motion to dismiss a strike, the presiding judge may consider the following factors:
When ruling on a Romero motion, the judge must NOT consider:
Even long after completing your sentence successfully, a criminal conviction can still have harmful collateral consequences on your quality of life, freedom, education, and professional opportunities. Fortunately, striking a prior conviction from your criminal record can help you get back on your feet or ensure that the prosecution does not use it as a factor in another sentencing. When trying to have a prior conviction stricken, it is important to retain a knowledgeable California strike prior convictions attorney to protect your rights and for detailed guidance.
At McCready Law Group, I have dedicated my career to offering experienced legal guidance and reliable representation to clients who have prior convictions, arrests, or a criminal record. With eight years of active service with the Los Angeles Police Department, I have a comprehensive understanding of the law and can help you navigate the California criminal justice system.
As your legal counsel, I will fight vigorously on your behalf to protect your rights, strike previous convictions, and offer you the second chance you deserve or ensure that you do not receive harsher sentencing for subsequent offenses. Having me on your side can potentially improve your prospects of having your prior conviction stricken. Reach out to my firm today to schedule a case evaluation and take advantage of my extensive legal experience, knowledge, and understanding.
If you're trying to have a prior conviction stricken from your record, contact me at McCready Law Group today to schedule a one-on-one consultation. I can offer you the comprehensive legal counsel, advocacy, and strong representation you need. Based in Long Beach, California, my firm is proud to provide service to clients throughout the areas of Cypress Hill and Lakewood.