Expungements in California

Everyone makes mistakes. When those mistakes make their mark on a criminal record, it can destroy goals, hopes and dreams. Just one criminal conviction can make it very difficult to find employment or make advances in your career, only adding to your embarrassment.

Luckily, California law makes it possible to get an expungement off your criminal record. An “expungement” is court-ordered process in which a criminal conviction or criminal report is “sealed.” Once your record is expunged, your criminal charge will not come up on your criminal background search for many employers and agencies. Some employers and agencies will still have access, but a vast majority of employers will not see the past criminal charge.

The rules for getting an expungement vary state to state. In most states, there is no expungement for those with felonies or sex offenses. Juvenile and misdemeanor convictions usually are eligible for expungement. Expungements can be especially beneficial for someone looking for a job. In California, most misdemeanors and some felony cases can be expunged.

To qualify for an expungement in California, you need to have finished probation, followed all court orders and have no new charges made against you. After the defined time period has passed, you may be eligible for expungement. To find out more, you should consult a criminal lawyer.

It is important to keep in mind that some criminal offenses cannot be expunged, or will take several years for expungement to take place. Expungement for sexual offenses or DUI cases, for example, should be discussed with a criminal defense lawyer, who can explain procedures and other outcomes.

A criminal defense lawyer can help relieve you from your prior conviction by helping you expunge your record.

About Camilo Concha:
Camilo Concha, is the founder of Attorney Search Network, a  Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as a Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.

When is the right time to update your will or trust?

Changes occur in everyone’s life. When changes such as marriage, birth, divorce, child adoption, death of a family member, or the value of an estate affect the terms of a will or trust, it is essential to update your will or trust. In that case, it is advised to consult an estate planning lawyer.

Any major change in your life is a good reason to make your will or trust current. Furthermore, if you have not yet set up a will or trust, now it the perfect time to do so. The last thing you would want is for the courts to decide all matters of distribution for you when you die without a will. The last thing your family would want is a higher tax burden in case your will is not updated.

Most often, wills are written years ago and do not reflect significant changes. Updating your will or trust can help avoid unfortunate situations such as leaving assets to deceased spouses or not recognizing new grandchildren as beneficiaries.

An estate planning lawyer can help you update your will or trust to reflect how you would like to allocate your estate. A lawyer can create an amendment to your will, print it out and have it signed and witnessed.

About Camilo Concha:
Camilo Concha, is the founder of Attorney Search Network, a  Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as a Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.

The Importance of Having a Will or Trust

The Importance of Having a Will or Trust

The death of a family member can be devastating. Not having a will or trust can make matters worse, and put a family’s future at risk. Today, almost half of Americans do not have a will or trust. Not having a will or trust can cause a great amount of grief when it comes to memorial decisions, division of assets and child custody.

The two most common justifications for not having a will or trusties cost and the feeling that it is not “needed now.”A common misconception is that a will is only about allocating money, but there are other reasons why a will is important. Wills establish guidance over houses, cars and other physical assets. Wills and trusts also establish the future ownership and responsibility of items of emotional significance such as digital photos, emails, files, and social media profiles. Wills also clarify your wishes for your pets.

If you die without a will, also known as "intestate", rules of the law apply. In other words, the court will decide all matters of distribution for you. If you are intestate, the following may happen to you:

If you are survived by your parents and you do not have a spouse or any children, your parents will generally receive all of your assets.

·        If you are survived by a spouse, your entire estate will pass on to your spouse.

·        If you are survived by a spouse and children, the courts will determine how your estate will be divided among your spouse and children.

·        If you die and you are survived by brothers and sisters, and you do not have a spouse, children or parents, your estate will be divided equally among these brothers and sisters.

Wills and trusts make sure assets are passed on to the right people, valuables are taken care of and families do not face unnecessary disputes.

Now is the right time to ensure the safe and proper distribution of your assets to members of your family. Attorney Search Network can help you find a qualified estate planning lawyer that can assist you with wills and trusts. An estate planning lawyer can help you determine what your estate planning goals should be and how to execute your wishes.

Camilo's Background:
Camilo Concha, is the founder of Attorney Search Network, a  Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as a  Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.

Immigration Law

Immigration law encompasses the ever changing laws that deal with the entry to the United States. Immigration law is what governs the persons who are not citizens of the United States to come to the United States as a tourist, for work, for study or for the purpose of becoming a United States citizen.

Immigration law can be very complicated and even a burden when dealing with U.S immigration. Some of the issues that may come up with immigration law are:

• Employment issues: If you need work authorization to work in the U.S.
• Family issues: If you have family abroad who wish to join you in the U.S, or if you want to get reunited with your children.

·        Deportation issues: If you are facing deportation or removal from the U.S.

·        Citizenship issues: If you wish to receive the benefits that U.S. citizenship offers.

·        Criminal offense issues: If there is a criminal offense that keeps you from obtaining a green card.

·        Student issues: If you wish to pursue your education in the U.S. 

·        Asylum issues: If you wish to stay in the U.S because your native country is unstable.

The citizenship process can be a very lengthy process. U.S citizenship applications can get complicated. Sometimes, citizenship applicants are wrongfully denied naturalization, causing an applicant to appeal or reapply, delaying the naturalization process.During the citizenship process, the government needs to know that applicants:

·        Have been continuously and physically residing in the U.S

·        Can read, write and speak English

·        Have an understanding of the U.S government system, history and the principles outlined in the U.S constitution

·        Have good morals and are proud to live in the U.S

Deportation:

Under immigration law, deportations are the removal of aliens from the U.S when the alien has violated the immigration laws. Deportations are ordered by immigration judges, even if no prior punishment has been imposed. Those who go through a deportation, or removal, are usually immigrants who have entered the U.S illegally or non-citizens who have committed serious crimes.

Deportations occur year after year and cause thousands of people to be separated from their family, friends, and communities. Families and businesses suffer and the person removed from the country must start their immigration and citizenship applications from the very beginning. In some cases, deportations are so severe that individuals are completely barred from returning to the U.S. That's why it is important to begin paperwork as soon as possible.

Asylum/Refugee:

Persons who have fear of persecution because of their race, religion, nationality, group membership, or political opinion may be eligible for asylum or refugee status. Refugees may apply for refugee status at a United States Citizenship and Immigration Services (USCIS) office. The USCIS will review documents and give refugees documents for entering the U.S.  It is important to apply for refugee status very soon after entry to the U.S. The petition/application should be completed without errors or misstatements so that the application process does not delay. The application should be filed within one year of entering the U.S. The evidence required for the application is extensive and sometimes difficult to obtain.

Writ of Mandate:

In some cases, the U.S Citizenship and Immigration Services (USCIS) fails to move forward with or delays an immigration case. When a green card application, citizenship application or other type of immigration application is delayed, a writ of mandate, also known as writ of mandamus, can be filed with the Federal Court. A writ of mandate is a formal written civil action that is issued to the USCIS when an applicant's case has been delayed for one year or more, with or without explanation, to compel the USCIS to take action on the application. Seeking a writ of mandate may be necessary in order to protect your rights, but while a writ of mandate authorizes the court to order a remedy, it is only a means of determining the reasons why the decisions are pending. It does not determine the outcome of the decision. By forcing the USCIS to make a decision, an applicant might be faced with denial. This may be appealed in a timely manner, with the help of an immigration lawyer.

What an Immigration Lawyer can do for you:

An immigration law lawyer can be on your side when it comes to the various issues in immigration law. An immigration lawyer can increase your chances of entry, work or study in the United States and eventually help you get citizenship. Contacting an immigration lawyer for immigration issues is a good way to avoid the burdens of immigration law. A lawyer saves people and businesses time and effort.

About Camilo Concha:
Camilo Concha, is the founder of Attorney Search Network, a  Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as a Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.

Family Law

Family Law:

Family law encompasses all aspects of family relations. Family law includes adoption, child custody and visitation, children's rights, child support, spousal support (alimony), separation agreements, divorce (dissolution of marriage), marital property division (equitable division), estate planning and trusts, insurance, cohabitation agreements, pre-marital (pre-nuptial) agreements, marriage and other legal issues that involve the family.

Consequences of Family Law:

Issues in family law can be very complicated. For example, divorce issues can be difficult to figure out because when there is no prenuptial agreement signed before the marriage, it can be difficult to figure out who gets the assets. Child custody can also be devastating and lead to a multitude of arguments and disputes. Child custody is the rights and responsibilities that one parent carries towards a child. This not only includes physically keeping a child, but also the obligations for the child's well-being such as authority, religion, education and health care. At times, spouses settle child custody issues among  themselves and out of court in a private agreement.

What a Family Law Lawyer can do for you:

A knowledgeable family lawyer can be helpful during a major life event or change. Consulting with a family lawyer can help families settle disputes in the case of divorces, child placements, spousal or child abuse, domestic violence or other major family law issues.

About Camilo Concha:

Camilo Concha, is the founder of Attorney Search Network, a  Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as a Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.

Environmental Law

Environmental law involves statutes, common law, treaties, conventions, regulations and policies that deal with the natural environment. Environmental law reduces the negative impact of human activity on the natural environment. This includes air and water quality, global climate change, agriculture, species protection, hazardous chemicals, waste management, contaminated land and many more areas.

Consequences of Environment Law:

Many countries throughout the world have different sets of environmental laws, which they implement differently. Environment law regulations protect the environment, which in turn affects our quality of life and health. It is therefore important that we have ways of dealing with environmental issues quickly and efficiently and know the basics so that we are aware of what to do if we suspect contamination.

What a Lawyer can do for you:

An environmental lawyer can help you in the case of damage or injury through contamination. If you realize that you have been affected by environmental contamination, it important to seek legal assistance. An environmental lawyer can do the necessary research and has the resources to help you file a successful claim. A lawyer can also help you determine which party is responsible for the contamination, so that you can recover damages.

About Camilo Concha:

Camilo Concha, is the founder of Attorney Search Network, a  Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as a Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.

Consumer Law

Consumer law is applied to the efforts of the government, public-interest organizations, individuals, and businesses to establish, protect, and enforce the rights of people who buy products such as food, automobiles or services such as health care and insurance. The basic consumer protection rights, are set forth by U.S. President John F. Kennedy in his 1962 message to Congress on consumerism, are as follow: (1) the right to safety; (2) the right to be informed; (3) the right to choose; and (4) the right to be heard.

·        The right to safety: Products offered for sale should not pose undue risk of physical harm to consumers or their families.

·        The right to be informed: Consumers need sufficient information in order to choose wisely among the competing products and services available. To ensure that consumers have the information they need to buy wisely, the federal and many state governments have passed several important laws directing businesses to disclose necessary information.

·        The right to choose: When a market is not competitive, sellers can set the price as high as they wish. To preserve competition in the marketplace, federal consumer laws make it illegal for businesses to monopolize an industry, restrain trade, or fix prices. The FTC and the U.S. Department of Justice share the responsibility for enforcing these laws.

·        The right to be heard: A consumer who has been cheated of his/her consumer protection rights through the purchase of a product or service that does not perform properly has the right to seek a refund, replacement of the product, or other remedy.

Consequences of Consumer Law:

Many consumer problems are caused by incorrect or fraudulent information. The Federal Trade Commission (FTC) bears the primary responsibility for making sure that advertising and labeling are not false or misleading, but does not enforce consumer laws. Therefore, sometimes a buyer finds that the manufacturer or seller will not cooperate in resolving the complaint.

What a Consumer Law Lawyer can do for you:

In recent years consumer protection laws have been passed to help dissatisfied consumers. Some consumer laws declared certain deceptive business practices illegal and give consumers the right to sue a business believed to be violating the law. This is where a good consumer protection lawyer comes into play. A consumer lawyer can help you settle any consumer claim successfully and make sure you get compensated monetarily for any pain and suffering.

About Camilo Concha:
Camilo Concha, is the founder of Attorney Search Network, a  Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as a Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.