Legal Question in Criminal Law in California

conversion of felony to misdeameanor

I have a friend that in 1998 was convicted of embezzlement, he was sentenced to 3 years probation (which he has served) and told to make restitution to the organization. He has done all of those things but now because of the inability to get a good job would like to convert his conviction from a felony to a misdeameanor. The low paying job he has now is requiring that he be able to get a ''Secret'' security clearance and with the conviction on his record that won't happen. He was told by his probation officer that there was a form in California (he's in Michigan now) he could submit the request himself, if so what is the form and is it possible for him to do it without having to return to California. Thank You


Asked on 4/10/03, 7:37 am

4 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: conversion of felony to misdeameanor

contact the probation officer and ask if they have a form that is used for this purpose. He should be sure to request that the charge be reduced to a misdemeanor under penal code section 17, and that it then be expunged. There even with this process it is very likely that the governement doing the security clearance will see the conviction.

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Answered on 4/10/03, 9:35 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: conversion of felony to misdeameanor

Thank you for your inquiry.

As Mr. Johnson mentioned, to convert a case from a misdemeanor to a felony, you must bring a motion before the court pursuant to California Penal code section 17b. From there, you can file for an expungement, and typically there is a court form (depending upon the court) to do so.

For felony cases, typically he would have to be present before the court for the motion, but after it is converted, the remainder of the process can be done by an attorney without him being present in California.

I hope this helps, but if you need any further assistance, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.

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Answered on 4/10/03, 1:03 pm
Terry A. Nelson Nelson & Lawless

Re: conversion of felony to misdeameanor

felonies can be reduced by a motion to the court, however there is no guarantee the court will approve. The factors include time from conviction, further problems, etc. If reduced, then a later motion can be made to expunge and clear the record. However, that clearance is not a bar to any police/govt agency seeing the original conviction. It is unlikely he will get a security clearance without lots of discussion with the govt. I will be happy to represent him in the process, call if interested.

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Answered on 4/10/03, 1:12 pm
David Diamond Diamond & Associates

Re: conversion of felony to misdeameanor

YOU NEED A 1203.4 FORM WHICH INCORPORATES A 17B

MOTION. You can get it from the court. THE BEST ACTION WOULD BE TO MAKE A MOTION TO WITHDRAW THE PLEA. GIVE US A CALL IF YOU NEED MORE HELP. LARRY WOLF 310 277 1707

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Answered on 4/10/03, 2:13 pm


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