Legal Question in Criminal Law in California
I was arrestes back in 2001 and plead to recieving known stolen property, I did 90 work release and it was supposed to be dropped to a misdemeanor. I did the weekends and now i look on my record and it says i was convicted of felony burglary?! how can they do that and how do i get it taken off?
2 Answers from Attorneys
I'm not sure what you are looking at when you mention your record. If the court's sentencing lists it as a felony, and it was supposed to be a misdemeanor, then you have a problem. If it is misindexed in an online computer system, that is a court clerk's error. If the Department of Justice has the wrong charge, then you would have to contact the Department of Justice to have them correct it.
An attorney is going to have to review the matter with you. You may have to file a petition to reduce the felony to a misdemeanor, based on the fact that you did not serve time in prison.
If you were sentenced to a felony, you are not eligible to expunge that record. If the record is actually incorrect, you'd apply to that court to correct the record. You'd have to have evidence proving your allegation, like for instance a copy of the sentencing and probation report showing the accurate terms of the plea. Then, after correcting it, you could apply to expunge it. If serious about pursuing this, feel free to contact me.
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