Legal Question in Criminal Law in California

Expunged or Misdemenor

I want to have my felony conviction removed, for a better job opportunities, which action would I get a better result from? It beig Expunged or reduced to a Misdemenor? What is the difference between the two? Will certain agencies still be able to see my conviction? And how do I start the process?


Asked on 5/14/04, 12:43 pm

4 Answers from Attorneys

Re: Expunged or Misdemenor

If you are actively seeking employment, the benefit of an expungement is that you need NOT disclose it on most job applications (unless state/federal licensure is necessary, for example).

You may be able to get an expungement if your conviction could first be reduced to a misdemeanor and then apply to expunge the misdemeanor. The process is fairly straightforward and I have years of experience with the courts. If expungement is not a possiblity because of the severity of the conviction, we may be able to pursue a certificate of rehabilitation depending on the circumstances. Either way you may be able to "soften the blow" of the conviction to some extent with potential employers (or not disclose it at all).

I am happy to discuss the situation further with you if you like. I have offices in Orange County and San Diego. You may reach me at 858.405.5881. Good luck to you.

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Answered on 6/10/04, 5:51 pm
robert nudelman criminal defense associates

Re: Expunged or Misdemenor

The proper way to go about this would be to get the felony reduced to a misdemeanor and then to get the misdemeanor expunged. For further info call Michael Bialys of our office at (800) 313-9619

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Answered on 5/14/04, 1:31 pm
Terry A. Nelson Nelson & Lawless

Re: Expunged or Misdemenor

First it needs to be reduced from felony to misdemeanor, then seek expungement. Private employers won't access the records, and you would be legally entitled to say 'no' to conviction on applications. BUT, govt agencies and security checks will still see the original, and it still counts towards 'priors' if you are charged. If you want to get it done, contact me.

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Answered on 5/14/04, 1:34 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Expunged or Misdemenor

Thank you for your posting.

As the other responses have suggested, you cannot expunge a felony. The process for a felony over 10 years old is called a certificate of rehabilitation, but if your crime could have been charged as a misdemeanor, your better course of action is to reduce it to a misdemeanor, and then expunge the misdemeanor.

Certain agencies, such as government agencies, will be able to see that you reduced it to a misdemeanor and then received an expungement, but it's better than having the felony on your record.

To start the process, just call us.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 5/14/04, 4:02 pm


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