Legal Question in Criminal Law in California

tring to have my intent to sell felony reduced to a misdermeaner so i can get a guard card & try to get my life back on track. i was released from probation a year early & my P.O. said if i stayed out of trouble for 6 months i could have my felony reduced. i waited for over a year, filled out the paperwork, got a letter of recomandation from my P.O., & paid the department of revenue. To later be told that apperently my felony is nonreducable. my P.O. was confused that it wasn't reduced as well. So i'm wondering is there anyway that it can be reduced or if i'm gonna have to bite the bullet on this?


Asked on 10/29/09, 8:46 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Many convictions can be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if you completed all terms of probation, and if you have no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. Felonies are first reduced, then expunged if appropriate. If expunged, you would be able to say 'no' to conviction on most employment applications. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need. Yours sounds like it can be expunged, but that does not mean you'll be able to get a guard card or employment, that is up to the employer and agencies involved. You are legally required to fully disclose expungements when applying for any government license or certificate.

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Answered on 11/03/09, 9:49 pm


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