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If you are a veteran of the armed forces or are currently on active duty you may have certain rights that you are afforded under new statutes and case law that you should be aware of.

These rights can help you get your life back on track and offer extensive help to people that may be affected adversely affected by there military service.  As a former Army, and Army National Guard Military Policeman and Persian Gulf War Veteran I am passionat about helping Veterans.  

SUBDIVISION (H) (1) of section 1170.9 states "it is in the interest of Justice to restore a defendant who acquired a criminal record due to mental health disorder stemming from service in the United States Military to the community of law abididing citzens." If the court finds the defendant satisfies the criterial set forth in (h)(1)(A) through (E), the court may grant restoritive relief.  (Penal Code section 1203.4 relief.  (Penal Code 1170.9, subd. (h)(4)(c) through I.  In other words, the veteran who recieves this relief has greater rights than a non-veteran defendant.

HOW ARE VETERAN RIGHTS DIFFERENT UNDER EXPUNGEMENT STATUTES?

The veteran who recieves section 1203.4 relief has greater rights than a non-veteran defendant such as the right to have the arrest record completely sealed.  (Penal Code section 1170.9 subd. (h)(4) which states: A dismissal pursuant of the court, order sealing of police records of the arrest and court records of the dismissal action, thereafter only viewable by the public only in accordance with a court order.) this is  great benefit for veterans that may be dealing with some of the problems associated with there mililtary service.  Such as ptsd and some of the problems associated with that disorder. 

If you are a veteran you should call us so that we can start to get some of the documentation you will need to start to take advantage of some of the changes in the law which could help you to turn you life around.  

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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