Legal Question in Criminal Law in California

concerning ca penal code 17 (B)(1) how does a 18 mo suspened sentence affect the ability to have fel DUI EXPUNGED. sentenced 6mo county time, 6 mo program, 5 yr probation. all completed sucessfully.


Asked on 11/04/10, 8:23 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

If you were sentenced to state prison, even if the prison sentence was suspended and you got probation, you would be ineligible to have the felony reduced to a misdemeanor.

Reducing the felony to a misdemeanor has more real-world value than a dismissal under Penal Code � 1203.4, which is sometimes called an expungement, even though it doesn't really expunge anything.

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Answered on 11/10/10, 12:19 am
Terry A. Nelson Nelson & Lawless

further explanation.

The general rules and guidelines are: Records are forever. 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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.

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Answered on 11/10/10, 10:38 am


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