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CALawyer, Lawyer
Category: Criminal Law
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Experience:  Attorney at Law
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Can someone who was railroaded into taking a plea

Resolved Question:

If someone was falsely accused of a sexual offense - the charges were recanted - but he was scared into taking 3 years rather than go to trial and risk serving 36 years - can they possibly have their name cleared after serving time and finishing probation?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CALawyer replied 8 years ago.
You wouldn't be entitled to a dismissal of the conviction, but it may be possible to get a certificate of rehabilitation and then to apply to the governor for a pardon.

For eligibility requirements and applications for the Certificate, you would need to contact the Board of Parole Hearings, P.O. Box 4036, Sacramento, CA 95812. If you determine that you are eligible, you would have to petition for the certificate from the superior court where you were convicted. It can be a somewhat length process and most people hire private attorneys to help them through it.

If you obtain the certificate, then you could apply for a pardon from the Governor. These aren't granted all that often, but could potentially be. Here is a link to a document that explains the process. CLICK HERE.

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