Criminal Defense

A criminal conviction can feel like a life sentence—especially when it follows you into every part of your life, including something as basic and vital as finding a place to live. In California, thousands of people struggle to secure housing because of a past mistake that appears on their record. But there is hope: expungement may provide the clean slate you need. At Flore Legal Allies, we guide people throughout San Diego and Los Angeles through the process of clearing their records and reclaiming their futures. We’ll explain what expungement is, how it works, and—most importantly—how it can help with housing applications. What Is Expungement? In California, expungement is a legal process that allows certain individuals with criminal convictions to withdraw their guilty plea or set aside a guilty verdict, and have the case dismissed. It’s important to understand that expungement does not erase your record entirely, but it does update your record to reflect that the case was dismissed after successful completion of sentencing. For many people, this change can make a huge difference in how landlords, employers, and others view their background. Why Housing Applications Are Affected by Criminal Records Many landlords use background checks as a standard part of screening rental applicants. These checks often include criminal history, and even older or minor offenses can raise red flags—especially if the landlord is worried about safety, liability, or property damage. Even though California has laws to protect people with criminal records, private landlords still have broad discretion in choosing tenants. A single conviction may lead to rejection, no matter how long ago it occurred or how much your life has changed since. This makes the record-clearing power of expungement especially valuable. How Expungement Can Improve Your Housing Prospects So, how exactly does expungement help with housing? 1. Updates Your Criminal Record to Show “Dismissed” Once your record is expunged under California Penal Code § 1203.4, the official record will show that your conviction has been dismissed. While the charge itself may still be visible on some background checks, the fact that it was dismissed sends a powerful message: You complied with the terms of your sentence You are no longer considered guilty under the law You’ve taken steps to move forward with your life For many landlords, this can tip the scales in your favor, especially when combined with a strong rental application and personal references. 2. Prevents Discrimination in Certain Housing Programs California law includes protections for people who have had their records expunged. Under Fair Housing laws and some municipal codes, landlords—particularly those operating government-subsidized or Section 8 housing—may be limited in how they can use expunged records to deny applicants. While not a guaranteed shield, expungement makes it more difficult for housing denials to be legally justified based on an expunged conviction. 3. Shows Rehabilitation and Responsibility Expungement is not automatic—you have to earn it by completing your sentence, following the law, and formally requesting relief through the courts. This sends a clear message to landlords: You’ve made positive changes and taken responsibility for your past. Landlords are more likely to consider your current character if they see you’ve gone through the effort to clean your record. Will an Expunged Record Still Show Up on a Background Check? In many cases, yes—but with an important difference. The original charge and conviction may still appear on more comprehensive background checks, but it will now include language like: “Case dismissed pursuant to Penal Code 1203.4.” Some background checks, especially those done through consumer reporting agencies, may filter out expunged cases after a certain number of years. While expungement doesn’t make your record completely invisible, it reframes the narrative: you’re no longer legally “convicted” in the eyes of the court. Can a Landlord Still Deny Me Housing After Expungement? Unfortunately, yes. In California, landlords—especially private ones—can deny housing to applicants with a criminal history, even if the case was dismissed. However: Public housing authorities and larger property management companies often have set policies that favor applicants with expunged records. If you’re denied based solely on an expunged conviction, you may have grounds to challenge the decision, especially if the landlord violated Fair Housing regulations. If your record was expunged and you’re still facing housing discrimination, speaking with a lawyer can help you understand your rights. How to Improve Your Chances Beyond Expungement While expungement is a powerful tool, pairing it with a smart rental application can increase your odds of success: 1. Write a Letter of Explanation A well-written letter explaining your past, the expungement process, and how your life has changed can humanize your application. 2. Provide Character References Letters from employers, community leaders, or former landlords can help establish your current reliability and trustworthiness. 3. Show Stable Employment and Income Stable financial history reassures landlords that you’re a low-risk tenant. 4. Offer a Higher Deposit If legal, offering a larger security deposit may ease concerns about renting to someone with a past conviction—even if expunged. Who Qualifies for Expungement in California? To qualify for expungement, you generally must meet the following criteria: You were convicted of a misdemeanor or felony You completed probation (or, in some cases, jail time) You are not currently charged with another offense You did not serve time in state prison (exceptions apply under Prop 47/64) Important note: Expungement is not available for certain serious crimes such as sexual offenses involving minors or certain violent felonies. If you’re not sure if you qualify, an attorney at Flore Legal Allies can assess your eligibility and guide you through the process. How the Expungement Process Works Here’s a general overview of how we help clients pursue expungement: Case Review – We review your criminal record and court documents to confirm eligibility. Petition Preparation – We prepare and file a Petition for Dismissal with the court. Court Hearing (if required) – Some cases require a hearing; we represent you and argue on your behalf. Judge’s Decision – If granted, your record is updated to

The criminal justice process doesn’t always end at sentencing. For many individuals, the opportunity for justice continues through what is known as post-sentencing relief. Whether you’ve been convicted of a misdemeanor or a felony, post-sentencing relief may offer a pathway to correct injustices, reduce penalties, clean your record, or restore your civil rights. At Flore Legal Allies, we help clients in San Diego and Los Angeles navigate these complex legal options. If you’ve already been sentenced, you may still have options—and this explains what they are and who qualifies. What Is Post-Sentencing Relief? Post-sentencing relief refers to legal remedies that a person can seek after a criminal conviction and sentence have been imposed. These are actions taken to reduce the consequences of a conviction or correct errors that occurred during the legal process. Common forms of post-sentencing relief include: Appeals Expungement Certificates of Rehabilitation Habeas Corpus Petitions Commutation or Pardons Modification of Probation or Sentence Motion to Vacate Judgment Reclassification of Crimes (e.g., Prop 47 and Prop 64) Each form of relief serves a different purpose, and eligibility depends on various factors such as the nature of the crime, the sentence served, behavior post-conviction, and changes in the law. Why Does Post-Sentencing Relief Matter? A conviction doesn’t just end at jail time or fines. It often lingers for years or decades, impacting a person’s ability to: Find employment Secure housing Apply for professional licenses Reunite with family (immigration) Vote or own firearms Move on from past mistakes Post-sentencing relief provides people with a second chance to rebuild their lives. It also acknowledges that the criminal justice system isn’t perfect and that individuals can change. Types of Post-Sentencing Relief in California Let’s break down the most common types of post-conviction relief available to California residents: 1. Appeals An appeal is a request to a higher court to review your trial for legal errors that may have affected the outcome. It doesn’t re-try the case but looks at how the law was applied. Who qualifies: Anyone convicted of a crime has the right to file an appeal, but there are strict deadlines and procedural rules. Why it’s important: If the appellate court finds that your rights were violated or the judge made a mistake, your conviction could be overturned or your sentence reduced. 2. Expungement (Penal Code § 1203.4) Expungement is the process of clearing your record by allowing a plea to be withdrawn and the case dismissed. It doesn’t erase the conviction but updates it to show you were relieved from penalties. Who qualifies: You completed probation successfully You are not currently charged with another crime You did not serve state prison time (with exceptions under Prop 47/64) Why it’s important: Expungement helps with job applications, housing, and licensing. It’s often the first step to putting a past mistake behind you. 3. Certificate of Rehabilitation This is a court order declaring that a person with a felony conviction is rehabilitated. It is often used as a stepping stone to a Governor’s pardon. Who qualifies: Must be a California resident Must wait 7–10 years depending on the crime Must not have reoffended Why it’s important: It restores certain rights and improves one’s public image, especially when applying for professional licenses or jobs. 4. Habeas Corpus Petitions A writ of habeas corpus is a powerful legal tool that challenges the legality of your imprisonment. It’s often used when new evidence surfaces or constitutional violations are uncovered. Who qualifies: People currently in custody or on probation/parole Must have a legal basis, such as ineffective assistance of counsel or newly discovered evidence Why it’s important: It can result in a new trial, reduced sentence, or even complete release. 5. Commutation and Pardons These are forms of executive clemency. A commutation reduces the sentence, while a pardon forgives the conviction entirely. Who qualifies: Anyone convicted of a crime can apply to the Governor, though it’s typically granted to those who have shown extraordinary rehabilitation. Why it’s important: Restores rights such as voting or owning firearms and can completely clear one’s record. 6. Sentence Modification or Recall (PC § 1172.1) In some cases, a judge can recall or modify a sentence, especially if the original sentence was unfair or excessive. Who qualifies: Those sentenced under old laws that have since changed Those who meet criteria for resentencing laws (e.g., SB 1437 for felony murder reform) Why it’s important: It can drastically shorten prison time or move someone into a diversion program. 7. Motion to Vacate Conviction (PC § 1473.7) This motion allows a person to vacate a conviction if it was entered without proper understanding of immigration consequences, or if there was ineffective legal counsel. Who qualifies: Often used by immigrants facing deportation due to old convictions No need to be in custody Why it’s important: Helps non-citizens avoid deportation or denial of naturalization. Recent California Reforms That Affect Post-Sentencing Relief California has passed several laws aimed at reducing the impact of past convictions: Proposition 47: Reclassified certain felonies (like drug possession) to misdemeanors Proposition 64: Legalized marijuana and allows old marijuana convictions to be dismissed or reduced SB 731 (2023): Allows automatic record sealing for nonviolent offenses after a period of time At Flore Legal Allies, we stay updated on these changes to make sure our clients benefit from every available reform. Who Should Consider Post-Sentencing Relief? If you’re wondering whether you qualify, consider these signs that you might benefit from legal relief: You were convicted but believe your rights were violated You’ve completed your sentence or probation You want to improve job or housing opportunities You’re facing immigration issues due to a conviction You’ve changed your life and want recognition of that growth You don’t have to navigate this alone. Post-conviction relief is complex, and applying incorrectly or at the wrong time can result in denial. That’s why it’s essential to work with an experienced criminal defense attorney. How Flore Legal Allies Can Help At Flore Legal Allies, we believe in second chances and

Facing criminal charges can be a frightening and confusing experience. Whether it’s your first encounter with the criminal justice system or you’re supporting someone going through it, understanding the process is crucial. At Flore Legal Allies, we believe in transparency, education, and support. That’s why we’ve broken down the criminal justice process step by step, so you know what to expect and how to protect your rights. Step 1: The Arrest The process typically begins with an arrest. This can occur when a law enforcement officer witnesses a crime, has probable cause, or holds an arrest warrant issued by a judge. You may be taken into custody on the spot or later if the investigation leads to sufficient evidence. Important: You have the right to remain silent and the right to an attorney. Use both. Do not speak to the police without your lawyer present. Anything you say can and will be used against you. Step 2: Booking After the arrest, you are taken to a local jail or detention facility for booking. This involves: Taking fingerprints and photographs Recording personal information Checking for outstanding warrants Collecting personal items (returned upon release) Depending on the offense and your history, you may be released with a citation, held for arraignment, or granted bail. Step 3: Initial Court Appearance (Arraignment) The next step is the arraignment. This is your first appearance before a judge, usually within 48 to 72 hours of your arrest (excluding weekends/holidays). During arraignment: You are formally informed of the charges. You enter a plea: guilty, not guilty, or no contest. Bail may be set or adjusted. At Flore Legal Allies, we guide you through this critical moment, helping you make informed decisions about your plea and fighting for reasonable bail terms when appropriate. Step 4: Pretrial Proceedings If you plead not guilty, your case enters the pretrial phase. This stage involves: Discovery: Both the prosecution and defense exchange evidence. Motions: Legal arguments filed by either side (e.g., motion to dismiss, suppress evidence). Negotiations: Many cases resolve here via plea deals. This can reduce your charges or sentence in exchange for a guilty plea. We advocate fiercely for fair outcomes, whether that means negotiating a plea bargain or moving forward to trial. Step 5: Preliminary Hearing (Felony Cases) For felony charges, a preliminary hearing may be held to determine if enough evidence exists to proceed to trial. This is not the actual trial, but a judge reviews the prosecution’s evidence to ensure there’s probable cause. Your defense attorney can challenge the evidence, question witnesses, and expose weak points in the prosecution’s case—sometimes leading to a dismissal. Step 6: Trial If the case isn’t dismissed or resolved with a plea, it proceeds to trial. You have the right to a jury trial, though some opt for a bench trial (where the judge decides the outcome). At trial: Opening statements are made by both sides. Witnesses are examined and cross-examined. Evidence is presented. Closing arguments summarize each case. The jury (or judge) deliberates and delivers a verdict. If found not guilty, the case ends and you are free to go. If found guilty, sentencing follows. Step 7: Sentencing If convicted, the judge decides your sentence. This can include: Jail or prison time Probation Fines or restitution Community service Mandatory programs (e.g., anger management or DUI classes) Our firm works to present mitigating circumstances—like your background, remorse, or lack of criminal history—to argue for leniency in sentencing. Step 8: Appeals and Post-Conviction Relief If you believe a legal error affected your conviction or sentence, you may file an appeal. This is a review by a higher court to determine if the trial court made mistakes in interpreting the law. Post-conviction relief may also include: Expungement Motion for a new trial Habeas corpus petitions Flore Legal Allies handles both trial and appellate advocacy, ensuring your rights are protected at every level. Protecting Your Rights Throughout the Process Each step in the criminal justice process presents opportunities—and dangers. Without experienced legal counsel, you may unintentionally damage your case or give up rights that protect your future. At Flore Legal Allies, we stand beside you, not just in court, but emotionally and mentally. Our approach is built on compassion, strategy, and personalized legal defense. We understand the weight of being accused and the confusion that follows. That’s why we guide every client through this process with clarity and care. How We Can Help If you or a loved one has been arrested in San Diego or Los Angeles, you don’t have to face the system alone. At Flore Legal Allies, we provide more than legal defense—we provide partnership, strategy, and peace of mind. We take the time to listen, explain your options clearly, and build a defense tailored to your circumstances. Whether it’s negotiating a dismissal, fighting for you at trial, or helping you expunge your record, we’re with you every step of the way.

Facing criminal charges can be terrifying, especially if it’s your first time dealing with the legal system. For many individuals charged with certain misdemeanors or non-violent offenses in California, jail time isn’t the only option. Instead, courts may offer diversion programs—a powerful legal tool that can help eligible individuals avoid a conviction and criminal record altogether. At Flores Legal Allies, we proudly serve clients throughout San Diego and Los Angeles, guiding them through challenging legal situations with compassion and clarity. What makes our law firm different is that we act as allies, not just attorneys. We listen to your concerns and develop a legal path that protects your future, not just your present. We’ll explain everything you need to know about criminal diversion programs in California, including how they work, who qualifies, and how participating in one can keep you out of jail and potentially wipe the slate clean. What Is a Diversion Program? A diversion program is a legal alternative to traditional prosecution. Instead of going through the normal criminal court process that can lead to a conviction and jail time, eligible individuals are diverted into a supervised program designed to rehabilitate rather than punish. Upon successful completion of the program, the charges may be dismissed, and the defendant can avoid having a criminal conviction on their record. In essence, diversion programs are based on the idea that some people make mistakes, but with support and intervention, they shouldn’t be punished for life. Types of Diversion Programs in California California law allows for several types of diversion programs, both statutory and discretionary. Here are some of the most common: 1. Pretrial Diversion (Penal Code §1001.36) This allows eligible defendants to receive mental health treatment instead of undergoing criminal prosecution. If completed successfully, the case is dismissed. Qualifying factors include: Defendant suffers from a diagnosable mental health disorder The mental disorder played a significant role in the offense The defendant consents to diversion and waives speedy trial rights The defendant is not a threat to public safety 2. Misdemeanor Diversion (Penal Code §1001.95) This broader diversion law allows judges to grant diversion for most non-violent misdemeanor offenses at their discretion—even without the prosecutor’s approval. Typical requirements might include: Attending classes or counseling Performing community service Paying restitution to victims Staying out of legal trouble for a set period (usually 6-24 months) 3. Drug Diversion (Penal Code §1000) For those charged with non-violent drug possession offenses, this program allows for drug education or treatment instead of jail time. Upon successful completion, the charges are dismissed. 4. Military or Veterans Diversion (Penal Code §1001.80) This program is for current or former members of the military suffering from PTSD, TBI, substance abuse, or other service-related issues. It offers a rehabilitative track instead of prosecution. 5. DUI Diversion (Restricted) While DUI offenses are not eligible for most diversion programs under California law, some jurisdictions offer alternative sentencing or DUI court for repeat offenders to get help with substance use disorders. How Diversion Works: Step-by-Step Step 1: Arrest and Charges Filed You are arrested for a qualifying offense and charges are filed in criminal court. Step 2: Evaluation for Diversion Your attorney can request that the court consider you for a diversion program. The court will evaluate your criminal history, the nature of the offense, public safety concerns, and other factors. Step 3: Program Terms Are Set If the court grants diversion, you will be given a list of conditions—such as counseling, drug treatment, anger management, community service, or check-ins with a program officer. Step 4: You Complete the Program You must comply with all conditions for the full duration of the program, which can last from several months to two years depending on the case. Step 5: Case Dismissed If you complete the program successfully, the charges are dismissed, and you avoid a criminal conviction. Who Qualifies for Diversion Programs? While eligibility depends on the type of diversion program and the jurisdiction, most programs share a few common requirements: First-time or low-level offender Non-violent misdemeanor or minor felony No prior record of serious or violent offenses Willingness to take responsibility and engage in rehabilitation In some cases—like mental health or veterans diversion—you must also show a diagnosable condition that contributed to the criminal behavior. If you’re unsure whether you qualify, the team at Flores Legal Allies can carefully evaluate your case and advocate for diversion if you’re eligible. What Are the Benefits of Diversion? The advantages of entering a diversion program instead of going through the criminal justice system include: Avoiding a criminal conviction This is often the most significant benefit. A dismissed charge after diversion is not considered a conviction for most purposes. Avoiding jail time Most diversion programs are non-custodial and allow you to remain free while fulfilling program requirements. Protecting your career and reputation A criminal record can follow you for life. Diversion allows you to move forward without the stigma. Personal growth and rehabilitation These programs focus on counseling, education, and treatment rather than punishment—offering real tools to prevent reoffending. What Happens If You Fail the Program? If you do not comply with the terms of your diversion program—by missing required meetings, failing drug tests, committing new crimes, or dropping out—the court may: Terminate your participation in the program Resume criminal proceedings Proceed to conviction and sentencing That’s why it’s crucial to have an attorney who not only gets you into the program but supports you through it. Is Diversion the Same as Probation? No. Probation is a sentence that comes after a criminal conviction. Diversion happens before conviction, and if completed successfully, no conviction ever occurs. Think of diversion as a second chance to avoid a criminal record entirely—before a guilty plea or trial. What if You’ve Already Been Convicted? If you’ve already been convicted, you may not be eligible for diversion. However, you might still qualify for: Expungement (clearing your record after completing probation) Record sealing Post-conviction relief if you were not properly informed of your rights

If you’ve been convicted of a crime in California and later had your record expunged, you may feel a sense of relief—as though the mistake is behind you and your record is clean. But if you’re not a U.S. citizen, you may still have one major concern: Can an expunged criminal record still affect my immigration status? The short answer is: yes, it can. Expungement can offer major benefits, such as clearing your criminal history for employment purposes. However, when it comes to immigration, the U.S. government does not treat expunged records the same way as it does for most other purposes. In many cases, immigration authorities still consider the underlying conviction—expunged or not—when making decisions about green cards, visas, naturalization, or deportation. At Flores Legal Allies, our team serves clients across San Diego and Los Angeles who face both criminal charges and immigration concerns. We understand the intersection between criminal law and immigration law and work to protect not only your record—but also your future in the United States. Breaks down how expungements work, how they are treated by immigration officials, and what you can do if you’re worried about your past conviction impacting your immigration status. What Is an Expungement? In California, expungement refers to the legal process under Penal Code § 1203.4 that allows a person who has successfully completed probation to withdraw their guilty or no-contest plea and have their conviction dismissed. Once granted, an expungement means: You are no longer considered “convicted” for most employment and licensing purposes. Your criminal case will show as “dismissed” on background checks. You can legally say you have not been convicted of a crime (with certain exceptions). But expungement is not a full erasure. The record of the conviction still exists and can still be accessed by law enforcement, state licensing boards, and—importantly—immigration authorities. How Immigration Law Treats Expunged Records Under federal immigration law, expunged convictions are still considered convictions for most immigration purposes. The Immigration and Nationality Act (INA) defines a “conviction” broadly, including situations where: A judge or jury found the person guilty, or the person entered a guilty or no-contest plea. The court imposed some form of punishment, penalty, or restraint on liberty (e.g., probation, jail, fine). Even if the conviction is later expunged under state law, federal immigration authorities will still treat it as a conviction if it meets the above definition. In other words, a California expungement does not erase a conviction in the eyes of U.S. immigration authorities. Immigration Processes Affected by Expunged Records 1. Green Card Applications (Adjustment of Status) If you’re applying for lawful permanent residency, your expunged record may still be considered. Certain convictions can make you inadmissible, meaning you’re not eligible to receive a green card. 2. Naturalization (Citizenship Applications) U.S. Citizenship and Immigration Services (USCIS) considers your moral character when reviewing naturalization applications. Even if your conviction was expunged, it may be used to deny your application based on a finding that you lack “good moral character.” 3. Deportation and Removal Proceedings If you are convicted of certain offenses—even if expunged—you may still be deportable under immigration law. Crimes involving moral turpitude, drug offenses, and domestic violence-related crimes are particularly risky. 4. DACA, TPS, and Other Immigration Relief Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) require applicants to have clean records. Expunged offenses may still disqualify applicants. Are There Any Exceptions? In some limited cases, an expungement may still help with immigration, particularly if: The conviction was for simple possession of marijuana and occurred before a change in law. The expungement is paired with post-conviction relief that invalidates the conviction on constitutional grounds (such as ineffective assistance of counsel). The conviction was vacated rather than dismissed. That said, expungement alone is usually not enough to protect your immigration status. You may need additional forms of legal relief such as: Motion to vacate a conviction Writ of habeas corpus Post-conviction relief based on Padilla v. Kentucky (if you were not properly advised of immigration consequences when you pled guilty) Each case is fact-specific and should be evaluated by a criminal defense attorney with immigration law experience. Common Misconceptions “If my record is expunged, immigration won’t see it.” False. USCIS and ICE have access to your full criminal history, including expunged or sealed records. “Expungement means I wasn’t convicted anymore.” False for immigration purposes. While California treats expunged records as dismissed, immigration law still considers the original conviction. “If the victim dropped the charges, I’m safe.” Not necessarily. The government can still prosecute a case and consider the conviction—even without a victim’s cooperation—if there was a guilty plea or finding of guilt. What You Should Do If You Have an Expunged Record 1. Get a Copy of Your Criminal Record Obtain a certified copy of your conviction and expungement order. This helps clarify what the record shows and whether it was handled properly. 2. Consult a Criminal Defense Attorney Familiar with Immigration Issues This is critical. Not all attorneys understand how criminal convictions intersect with immigration law. At Flores Legal Allies, we regularly help non-citizens manage the criminal side of their immigration risk. 3. Don’t Rely on Expungement Alone If you’re planning to apply for a visa, green card, or citizenship—or if you’re already in removal proceedings—your lawyer may recommend post-conviction relief beyond expungement, especially if you pleaded guilty without knowing the immigration consequences. 4. Tell the Truth on Immigration Forms Never lie or omit information about past convictions on immigration applications. Even expunged convictions must be disclosed. Failure to do so can lead to fraud charges, denial of relief, or removal. How Flores Legal Allies Can Help At Flores Legal Allies, we understand that immigration status is often the most important thing in a person’s life—and that even old convictions can jeopardize it. We approach each case with compassion and precision. Here’s how we can help: Review your criminal history for immigration risks Help you obtain copies of your court records Assess whether your