858-429-9982 858-429-9982
  1. Mark Deniz has been a member of the California State bar for over 11 years.

    Mark is involved with the San Diego Bar Association serving on its legal panel.

    Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

    Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  2. Mark Deniz is a member of California DUI Lawyers Association.

    Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

    Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

    The firm is a member of the better business bureau who ensures quality service for its clients.

  3. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

    Mark Deniz has received AVVO’s prestigious Clients’ Choice award

    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  1. Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

  3. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  4. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  5. Mark Deniz is a member of California DUI Lawyers Association.

  6. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  7. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  8. The firm is a member of the better business bureau who ensures quality service for its clients.

  9. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  10. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  11. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  12. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  13. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  14. Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

Finding of Factual Innocence and sealing your arrest record after PC 1000 Diversion. Tips from a San Diego Defense Attorney. Expungement

To me, expungement and sealing records officially begins a new chapter in a persons life. I have spent my entire legal career in criminal law.  I spent almost 10 years as a prosecutor.  

I have seen that the process really grinds people.  There is a stress with dealing with their situation and the unknown of their case.  Cases get resolved and a person is usually required to perform various sanctions/terms of their probation.

Most people do what they have to do and (hopefully) stay out of trouble.  People finish off probation and then move on with life.  It is receommended they should do all they can when probation is over to expunge their case and potentially seal their arrest records.  It puts a cap on the event and ensures their record looks as good as it can be.  It truly starts a new chapter in their life.  Today, we are focusing on sealing arrests after PC 1000/Diversion.

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PC 1000

PC 1000 is a diversion program where someone goes to classes.  After 18 months (and successful) the person comes to court and their case gets dismissed.  However, the law does allow for those persons to come in and attempt to seal their arrest records.  

Sealing arrest records which is called "Finding of Factual Innocence" is made a bit easier with PC 1000 diversion.  There is provisions in the penal code which allow someone to come in and make the request to seal the arrest.  I know most criminal attorneys are unfamiliar with this provision.  

THE APPROACH

I would recommend obtain represention for this.  A motion is filed for someone in the "interest of justice" requesting to have the judge sealing the records of the arresting agency and related court files. The granting of this motion does not remove the matter from the Dept of Justice documents.

The success of an 851.90 petition often turns on factors such as:

  • Performance during diversion
  • Other criminal history
  • The need for relief

With the proper approach and motion from the petitioner there is a higher probability the motion will be granted.  This motion has a high amount of success when compared with a normal "finding of factual innocence" cases.  Sealing the arrest record and expungement are truly the beginning of the new chapter in someone's life.  It ensures the old case is over and everything that could be done to go over the old case has been done.  If you are interested in sealing an arrest record after PC 1000 diversion here in San Diego county call our office now at (858) 751-4384.

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