Legal Question in Criminal Law in California
I was arrested for a violation of section 487.1 penal code in 1972. I petitioned the L.A. superior court and was granted a section 17. do I have a criminal record? do I have to say "yes" when asked if I have a criminal record?
Thanks.
1 Answer from Attorneys
Penal code section 17 is granted to reduce a conviction to a felony to a misdemeanor. Only certain crimes, which can be charged as either a felony or a misdemeanor, can be reduced from a felony to a misdemeanor. Also the sentence must be a misdemeanor sentence. You would therefore have a misdemeanor conviction. The misdemeanor conviction can be expunged, a misnomer, under penal code 1203.4. This can be done by filing a request with the probation department along with the required fee. This allows you to state to most employers that you do not have a criminal conviction. The conviction must be revealed to licensing agencies, such as real estate, etc. That is the best option available to you. A petition for a certificate of rehabilitation can be obtained. These are difficult to obtain and would normally require the services of an attorney.
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