Legal Question in Criminal Law in California

Health & Safety Code 11379, transportation or sale of certain controlled substances, cannot be reduced to a misdemeanor, period.

Vehicle Code 10851, auto theft, is a "wobbler" that can be reduced to a misdemeanor UNLESS you were sentenced to state prison (even if the prison sentence was suspended and you got probation). You would have to file a motion with the court where you were convicted, asking the judge to reduce it under Penal Code 17(b)(3).

There is simply no way to completely remove these convictions from your record.

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. You are NOT eligible if you actually served prison time.

This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office.

The conviction can still be considered a prior offense; for instance, your auto theft conviction could make any future petty theft a felony, and your drug conviction could be used to increase the punishment for any future drug trafficking offense.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.