Legal Question in Criminal Law in California
How do i esponge my felony theft?
During the summer of 2002(California, San Jose), I pleaded ''no contest'' to a theft felony. I realize that it will be very difficult for me to be able to get a decent job with this record.
In some states I realize that I must wait 3 years, but I do not know how long I will have to wait for California.
Can someone please advise me on the specific steps I need to take to get this esponged from my record?
Thank you for your time.
2 Answers from Attorneys
Re: How do i esponge my felony theft?
Assuming you were placed on Probation and you have successfully completed probation your first step is to petition the sentencing Court to reduce the matter to a misdemenaor and dismiss the case..(PC sections 17b and 1203.4) Depending on the procedures in your court, Your attorney can do this, probation can start the process, or you may calendar your case and ask the court to start the process...
Subsequent to this petition being granted, and after the appropriate time has run-from the date you were placed on probation-usually 5 to seven years depending on the exact charges and any other record you may have, you can then petition the Court were you reside for a certificate of rehabilitation and then for a governors pardon. In California these steps eliminate the job discrimination you are experiencing
Almost always best to have Counsel guide you through these petitions...If your county has a public defender, and you are indigent, or they were counsel of record for the case, they should assist you...
Re: How do i esponge my felony theft?
By having your attorney prepare and file the appropriate motions with the court where convicted, assuming you have completed everything required in your probation, and assuming you have no further criminal problems. If so, feel free to contact me for the legal help in doing this.
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