Legal Question in Criminal Law in California
I got charged with a Accessory After The Fact PC 32 and I was sentenced to do 75 days of house arrest and 3 years of probation, well I've done my house arrest and have completed 2 years of probation, I'm I able to file a PC 1203.3 petition to get my probation on early release and then file a PC 17(b) to have my felony reduced. What are my chances of getting off probation and getting my felony reduced?
2 Answers from Attorneys
Nobody can give you odds. The facts of the case, your performance on probation and the strength of your good cause statement are what matter.
Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
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