Legal Question in Criminal Law in California

IS Calif. PENAL CODE 32 a FELONY or MISDEMEANOR?

Hello,

I am writing you to ask a brief question. In 1999 I was convicted of PC 32. My sister ( who was a minor) stole something while she was in my care, even though I made her return the item to its owner, I was still held responsible. She ended up being convicted of the crime as a minor, but I got the accesorie charge.I was told it was a MISDEMEANOR, it even said on my court papers. But I looked it up, and it speaks of a FELONY. I have stayed out of trouble for all this time and now I am in Real Estate and going to apply for my Real Estate license soon. I was told by my broker that the Dept. Of Real Estate doesn't care about MISD. but they do not usually accept felonies, its on a case by case basis. What I need to know is whether PC 32 is considered a felony or not? Also, can I get a full pardon after 10 years? is that difficult to do?


Asked on 10/12/05, 9:39 am

3 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: IS Calif. PENAL CODE 32 a FELONY or MISDEMEANOR?

If your sister did not commit a felony, then your charge as an accessory would not be a felony. Was your sister convicted of felony grand theft? In either case, if you were sentenced to less than a year in county jail and given no state prison time (suspended or not), then you were convicted of a misdemeanor, not a felony. Good Luck.

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Answered on 10/12/05, 11:26 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: IS Calif. PENAL CODE 32 a FELONY or MISDEMEANOR?

Better attempt to have it expunged. It requires a filing and a hearing. Why keep it on your record even if it is a misdemeanor? Reasonable fees for expungement. Call me directly at 16192223504.

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Answered on 10/12/05, 12:58 pm
Terry A. Nelson Nelson & Lawless

Re: IS Calif. PENAL CODE 32 a FELONY or MISDEMEANOR?

Forget about getting a pardon, that is rare and expensive. You may be able to get the conviction expunged through motion to the court. However, even if expunged, you MUST disclose the conviction and expungement on any governmant license application like Real Estate. It should not prevent licensing. Contact me to discuss the process and facts if interested in doing it right.

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Answered on 10/12/05, 7:54 pm


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