Legal Question in Criminal Law in California

in 1979 i was convicted of 487.1 grand teft propery i completed probation & restitution is this considered a felony or misdeminor? Probation was LA county and completed in 2 yrs if a felony can it be reduced to a mis. then expunged?


Asked on 7/24/11, 1:17 pm

3 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

There isn't enough information here to know if the case is presently a felony or a misdemeanor. However, the good news is that if it was a felony, it can now be reduced to a misdemeanor and expunged. If it was already a misdemeanor, it can also be expunged. So either way, it can end up as an expunged misdemeanor. If you'd like to talk to me about reducing and expunging this conviction, please don't hesitate to call me at 310 393 0639. Good luck.

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Answered on 7/24/11, 1:26 pm
James Bates Law Office of James A. Bates

The general rule is as follows: If you had a probation officer or you had to check in occasionally, it was a felony. If you were on informal (summary) probation, it was a misdemeanor. Either way, you can have it stricken for most purposes if you went through probation without a violation.

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Answered on 7/24/11, 2:29 pm
Terry A. Nelson Nelson & Lawless

The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 7/25/11, 11:32 am


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