Legal Question in Criminal Law in California
i currently have 2 felony conviction that are almost 5 years old can i go back to court to change my plea and enter a not guilty have case dismissed i havent had any trouble in 5 years
3 Answers from Attorneys
No - look at the California Penal Code for the conditions for expungement of of conviction. You can never change your plea after conviction and expungement has very certain requirements. Use your search engine and type in california penal code and read the areas having to do with expungement or sealing records.
Good luck
Not on a felony you can't. Your attorney should have informed you of that when you were convicted, and should have informed you of California's Three Strikes law.
No. However, many felony and misdemeanor convictions [not infractions] 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 it was not for certain sex and Domestic Violence crimes, 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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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