Legal Question in Criminal Law in California
Clearing record
On April 16th 1979 I got a 1203.4 granted. It was for 11358H&S Code, cultivation of marijuana and 11357H&S Code, possession of more than one ounce of marijuana. I moved on a piece of property where the owner was cultivating. I was 22 years old at the time. Can I have these reduced to a misdemeanor at this time? Now that I am older I am finding out that this on my record is a big hinderance to employment opportunities. I have not been in any trouble since this one incident. I currently live and have lived in Colorado since late 1979. I have been trying to get some straight answers from California with very little cooperation and a lot of aggravation.
4 Answers from Attorneys
Re: Clearing record
Good and bad news: Colorado law does not allow you to reduce the conviction. However, the more stringent Colo. law does not apply to a conviction from another state. Cal. law controls here.
Re: Clearing record
You already got them reduced and expunged from your record if you had a 1203.4 granted on them. Your question doesn't exactly make sense as written.
Re: Clearing record
Jeez, it's hard to believe that a 30 year old pot bust would cause you any trouble, especially in Colo. Hard to believe it would affect anybody at all who isn't applying to be an FBI agent. You aren't putting it down on the job application, are you?
Re: Clearing record
Unfortunately, 11358 is not reduceable to a misdemeanor. However, with the 1203.4 dismissal you should not be obligated to reveal your convictions on a job application.
You might want to explore Certificate of Rehabilitation and possibly pardon to have it all cleared up. Also, you might want to have your situation evaluated for possible motion to have the judgment vacated on the grounds of ineffective assistance of counsel or possibly other grounds.
Feel free to contact my office for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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