Legal Question in Criminal Law in California

First, the part about being unable to expunge the conviction isn't true.

Second, you might not be able to reduce the felony to a misdemeanor, but I personally don't recall what Health and Safety Code section 11378 provided 21 years ago. I'd want to check the code section as it was written in 1989. It might have been reducible then, and that's what controls it now. So that will require some research which the "officer of the day" obviously didn't think of.

Third, you don't mention which "officer of the day" you're talking about, but I guess it could be the cops, the probation office or some other governmental agency that has an "officer of the day." Regardless of which agency told you that, the lesson is that you should not take legal advice from anyone but a lawyer.

If you'd like to talk to me about this further, please don't hesitate to contact me. I can be reached at 310 393 0639. Good luck. Steve Mandell, Santa Monica

Many convictions, including yours, can sometimes be 'expunged' by proper application and Motion 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.