Legal Question in Criminal Law in California
i asked this question before but let me clarify it a little better in 2001 i was arressted and convicted of receiving known stolen property, I did 90 days of work release and paid my fines and made it through my felony probation. However when I look up my record it says that i was convicted of pc 459 which to my knowledge is burglary. The court also said that when i was off felony probation that it could be changed to a misdemeanor, but it hasnt been its now 2010 and a burglary charge sure doesnt look good on a job app. what forms do i need to file please and whats the standard procedure i should follow?
3 Answers from Attorneys
If the court record is actually 'incorrect', you can file an application to correct, with proof to support your claim as to the correct charge.
However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 licensing agency and employer then can decide whether you are barred from licensing and 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.
Mr. Nelson's answer is correct and he did a great job explaining it. The procedure is complicated a bit since it was felony probation. I suggest you contact an attorney in your local area and at least have a consultation. Take them a copy of your record and they will be able to explain why the violation might appear different than you thought. They may also be able to explain to you what to do if a mistake was made regarding what was put on your record. I also suggest you consider hiring an attorney to do the procedure. Generally seeking an expungement and dismissal is not overly expensive considering the benefits it will provide you with. However depending on the court's docket, and your individual situation the time factor can be frustrating. If the documentation is not correct the petition(s) you'll need will be rejected and you'll have to start over again. So I suggest you either hire an attorney, seek out at least a consultation, or inquire into a class regarding how to achieve a dismissal. Generally law libraries offer classes in certain procedures and your local law library maybe offer such a class. Good luck.
I disagree with Mr. Nelson's answer. If you were convicted of a felony and are done with probation and/or county jail time then you file a PC 17(b) petition to get felony reduced, and then a PC 1203.4 petition for expungement.
The following is a great link to start at: http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#whatdo
Related Questions & Answers
-
What is the sentence for failing to complete a PC 1000 drug diversion program??? Asked 10/29/10, 4:39 am in United States California Criminal Law
-
I stole a 20 dollar item from a store, then 2 months later returned to the same... Asked 10/29/10, 1:22 am in United States California Criminal Law
-
What are the sentenceing guide lines for petty theft with pryers. What is the... Asked 10/28/10, 3:41 am in United States California Criminal Law