Legal Question in Criminal Law in California

Hi, Appeared in court today on 3 cases of Petition for Dismissal, all felony convictions from 7/17/2000. Judge denied PC17 and granted PC1203.4, does this mean my record will show "not convicted" of felony(s) as opposed to "not convicted" misdemeanor? Judge also stated 11378HS is non-alternative felony not eligible for reduction. So would this be same resolution as above (not convicted-felony)? Lastly, if records show as I suspect above do I have a snowballs chance of passing federal background check required for tax prepare's license?


Asked on 10/06/11, 12:16 pm

1 Answer from Attorneys
Daniel Martin Law Office of Daniel K Martin

California Penal Code 17(b) provides that charges that are 'wobblers' which are crimes that can be charged as a felony or a misdemeanor, can be reduced to a misdemeanor in the interest of justice. Straight felonies cannot be reduced however they can be dismissed which is what happened here.

It is important to remember that the record is not going to say 'not convicted' it will say dismissed. You must still disclose the conviction however you can disclose it as follows:

'List all convictions:'

H&S 11378 7/2000, dismissed 10/2011

I cannot speculate about whether or not you will be approved for the tax preparing license because I do not know the criteria they look at.

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Answered on 10/06/11, 12:32 pm


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