Legal Question in Criminal Law in California

Drug sales felonies in California cannot be reduced to misdemeanors.

Some offenses known as "wobblers" can be charged as felonies or misdemeanors, and a felony conviction for a wobbler can be reduced at a later time. However, drug sales felonies are not wobblers that can be reduced.

A dismissal under Penal Code �1203.4, sometimes called an "expungement," will not restore your right to possess a firearm, either.

1. Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

2. No, you are permanently barred under federal and state law from possessing firearms and ammunition. Expungement does not change that.