Legal Question in Criminal Law in California

I was convicted 10+ years ago in Orange County CA of Grand Theft [487(a)] and Theft Exceeding $150k [12022.6(a2)]. Both were non-violent and did not involve any weapons or victims other than the large corporation that suffered the loss. I was sentenced 180 days house arrest (in lieu of county jail since I paid the ordered $60k restitution on the day of sentencing), and 3 years probation. I have no other arrests or convictions, ever. I was told that I may be eligible for a dismissal, but maybe not a reduction for either charge. Another said I may be eligible for a dismissal for the first charge, but not the latter.

I would like the reduction so I may have my right to bear firearms reinstated since I often deal with and travel with expensive jewelry for work as a gemologist. It would also be nice to be able to have that peace of mind being able to protect my 3 children in our home if necessary. I would like both dismissed so when I finish Esthetics school and apply for state licensing, and when I apply for nursing school (who does a complete background check), my conviction shows as a not-guilty plea and dismissed.

Perhaps someone can shed some light on both charges/convictions and their reduction and dismissal eligibility. According to the courts.ca.gov site, they both are eligible:

You were convicted of a felony and are done with probation and/or county jail time.

File a petition to have the conviction reduced and dismissed.

File a Pen. Code, � 17(b) petition to get a felony reduced, and a Pen. Code, � 1203.4 petition for expungement.


Asked on 9/07/16, 3:04 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Several questions all wrapped up in one....

First - the reduction. Penal Code 17(b) is the code section that allows a reducible offense to be reduced to a misdemeanor. As long as you weren't sentenced to state prison, you are eligible. You said you were convicted of two charges - the 487 is grand theft. That's one charge. The other you listed (12022.6) is an enhancement for a theft over a certain dollar amount. It's not a charge, but a sentencing enhancement. That calls for an additional two years on top of your sentence. If you admitted that allegation, I'm concerned that the court imposed a suspended prison sentence and granted probation. If that's the case, you were technically sentenced to prison and may not be eligible for the reduction. You'll need to take your case paperwork and sit with an attorney to review.

Similarly, you cannot pursue a 1203.4 dismissal if you were sentenced to state prison.

If the charge is not reduced, then your firearms rights will not be restored absent a full and unconditional pardon from the governor. Since your case was over 10 years ago and assuming you've lead an upright and crime free life since, you may want to consider filing for a certificate of rehabilitation and applying for a pardon. Just the certificate of rehabilitation does not not restore your firearms rights, but a full and unconditional pardon would. Those are not automatic or easy, but that's a route you could pursue if your 17(b) wasn't an option.

And lastly - the licensing issue.... Even if dismissed pursuant to Penal Code section 1203.4, you would still have to disclose the conviction in applications for state licensing. Yes, if a 1203.4 is granted, it would show as a dismissed conviction, but it would still show and would still need to be disclosed.

Because of the unanswered questions about your case, this goes beyond an online question and answer. You need to sit face to face with a lawyer to discuss how best to proceed. Good luck.

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Answered on 9/07/16, 4:20 pm


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