Legal Question in Criminal Law in California
On August 14, 1989. I was wrongfully and falsely accoused on two (2) accounts of Penal Code 288a. (I have written of how this came about.) I am not eligible for a Certificate of Rehabilitation. Therefore, I filed for a Traditional Pardon and was denied this Traditional Pardon by Governor Schwarzenegger on May 18, 2010. But also filed after this denial. A Dclaration of Innocence. The district attorney, the DOJ, I done this complete entire thing again, just in case you ask. My question is, (since I can't afford an attorney) Just how can I work on bring this Traditional Pardon to perhaps, Reduction Of Your Conviction Level, or Reduction Of Your Sentence (which I have to register as a sex offender for the rest of my life, knowing I am not a sex offender.) And last of all bringing this Traditional Pardon (in taking steps of course) to a Certificate of Rehabilitation and then to Declaration of Innocence. Just can I get this Traditional Pardon broken down to a lesser charge? As I had said, they put this charge on me and gave me two accounts of the same one charge, which the one charge did not really whold up. But here it is and destoryed my life with it. Hoping to be hearing from you with very serious help. James
1 Answer from Attorneys
You can stop wasting your time and energy seeking something you can't have, and trying to re-argue the disputed facts of a case you lost. You are many years late for any appeal of conviction; a conviction means you can't obtain a Declaration of Factual Innocence; a PC288 can't be expunged; and a pardon has only been granted a couple times in the last decade, then only on overwhelming evidence of innocence or miscarriage of justice. Focus on building a new life with whatever time and skills you have.
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