Skilled and Experienced Post-Conviction Legal Services

Criminal defense lawyer Kenneth J. Pinto is skilled and experienced in the preparation and argument of post-conviction criminal defense motions before the court.  He works hard for you and is a competent and well versed professional in the courtroom.

Call us at: (408) 289-1765

Our experienced attorney is ready to discuss your legal problems, and to pursue the solutions.

For a free consultation, contact us online or by calling 408-289-1765

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Many criminal and infraction convictions can be “cleared”, “taken a conviction off your record” or “expunged” from your record. These words or phrases "cleared", “taken a conviction off your record”, or "expunged" are words used as "terms of art."A record clearance means you are asking the court to set aside and dismiss the complaint. The term dismissed means you will be allowed to withdraw your Guilty or No Contest plea and enter a Not Guilty plea. Thereafter the court will set aside and dismiss the complaint. You can do this if you:

  • have finished your probation
  • followed all court orders, and
  • do not have any new charges against you. (PC 1203.4 )

 Or, if you were not placed on probation, you can "clear" your record if:

  • one year has passed since your judgment,
  • you have obeyed all laws, and
  • you do not have any new charges against you. (PC 1203.4(a) )

Some convictions can never be cleared, such as most sex-related crimes. Other convictions that are not eligible: any misdemeanor violation falling within the provision of Section 42002.1 of the Vehicle Code, any infraction falling within the provisions of Section 42001 of the Vehicle Code, any local ordinance adopted pursuant to the Vehicle Code, any misdemeanor violation of subdivision (c) of Penal Code Section 288, or Penal Code Sections 286(c), 288, 288(a), 288.5, or 289(j).

To "clear" your record, I can file a Record Clearance Application. This application asks the court to “take back” your original guilty or nolo contendere plea. Or, if you had a trial, it asks the court to set aside the guilty verdict or finding. If the court grants your request for a record clearance, the original charges will be dismissed. Remember: Even if you clear your record:

  • A “cleared” conviction can still count against you as a “prior” if you have another case later.
  • A “cleared” conviction can still count as a “prior” if the court is considering revoking or suspending your driver’s license.
  • If any government agency asks you directly about your prior convictions, you must tell them about this “cleared.”
  • You must still follow Penal Code section 12021 about not owning or possessing a weapon.

Law Offices of Kenneth J. Pinto

Criminal Record Repair Service

Record Clearance in San Jose, CA