Legal Question in Criminal Law in California

I was convicted of a felony for possession stolen property and I've been on probation for 5 years and it is going to be up! I live in California and I want to know how I can get my civil rights back, to be able to vote, and pass background checks with jobs. Please help!


Asked on 2/26/12, 10:25 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

You need to attempt to have the judge reduce the charge from a Felony to a Misdemeanor, before terminating probation. Then you need to have the charge expunged. After that you need to attempt to get a Certificate of Rehabilitation. If that is granted, the granting acts as your request for a Governor's Pardon. Then you need to stay on top of that process in an attempt to get the Governor to sign the Pardon. That is the entire process. Some of that you could attempt on your own, however much of it, I would advise you to obtain an attorney who is well versed in these matters. I wish you well.........................David

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Answered on 2/26/12, 11:44 pm
Anthony Roach Law Office of Anthony A. Roach

In California, voting rights are restored automatically after release from prison and discharge from parole (probationers may vote). You don't have to file anything.

You state that you have been on probation, but are not clear on whether you served any prison time. If the charge you were convicted of is a wobbler, meaning it could have been charged as a misdemeanor or a felony, and you did not serve prison time, you could have the charge reduced to a misdemeanor and expunged.

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Answered on 2/28/12, 8:39 am


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