Legal Question in Criminal Law in California

Reducing or expunging a felony conviction after parole

I was convicted of a felony DUI (the result of a 4th

conviction for misdemeanor DUI). This happened in El

Dorado County - I will complete my state parole in

this coming September. How do I go about (and what

are my chances for...) petitioning the court to

expunge or (more likely, I expect...) reduce the

felony conviction to a misdemeanor?

My primary goal is to get my rights back (voting and

gun ownership, etc.) and I know that after 10 (?)

years, I can petition the governor for a pardon, but

it seems that it might be more expeditious to ask the

court in El Dorado County to reduce the charge to a

misdemeanor, or expunge it altogether.

Any advice and/or suggestions on the best path to take

would be appreciated immensely. Thanks!


Asked on 6/11/01, 2:50 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Reducing or expunging a felony conviction after parole

If as a result of your felony conviction you spent time in the county jail but your probation was never violated; and you did not serve time in the State Prison, you may go to the court and get a form to have your conviction down graded to a misdemeanor. Start with the Criminal Clerk's window.

Penal Code 1203.4 was the appropriate code section. That's been replaced with P. C. 1203.44 to 1203.49.

Read more
Answered on 6/29/01, 10:14 am


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