Legal Question in Criminal Law in California

expungement of a felony

I filed for an expungement of my felony and was denied do to having a 2 year prison stay, I dont understand what to do next I have done all that the courts have asked on that case and completed probation and the drug court program how do I get this felony reduced so that I can save my job. I may have filed the wrong papers.I was told that the prison stay is what the problem is how do I get that removed or how do I file on the case. when i went in to the drug court program they stayed my prison term and I successfully completed everything please help me.


Asked on 3/17/07, 8:45 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: expungement of a felony

You don't get it expunged. The law specifically denies expungement on cases sentenced to any prison time.

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Answered on 3/19/07, 1:23 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: expungement of a felony

Perhaps there is a chance of having it reduced. The other option is an executive pardon. Call md directly at 1.619.222.3504.

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Answered on 3/19/07, 3:27 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: expungement of a felony

If you did prison time, you are not eligible, by law, for an expungement. You can, however, bring a separate motion to reduce the felony to a misdemeanor (if the crime was originally one that could have been charged as a misdemeanor or a felony). Your other options are to file for a certificate of rehabilitation, or to prepare and file a petition for a pardon, or both.

I hope this helps, but if you have any other questions, please feel free to email me at [email protected], anytime. It's my pleasure to help you in any way that I can.

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Answered on 3/19/07, 5:48 pm


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