Legal Question in Criminal Law in California

In May of 2008 I was convicted of a felony (grand theft) and I am on probation and pay restution and was wondering when my case expires in May of 2011 do I still pay it and can I sign something to try and get the charge changed from a felony to a misdamenor?.


Asked on 4/17/10, 1:52 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

A case never 'expires', nor do the terms of a probation order. They have to be complied with to avoid probation violation.

However, many felony and misdemeanor convictions, like yours, can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if All terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 4/22/10, 5:16 pm


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