Legal Question in Criminal Law in California

Expungement, reduce felony to midemeanor

I am on summary probation for Grand Theft pc 487(a)&probation ends in 30 days.I have complied with probation,have paid all restitution&fines,and have no other offenses,either before or after this one.This was not work related,but ended up costing me my job and has haunted me.I have served 90 days in work furlough,and made amends to those I injured.I am in a 12-step program and continue to attend regularly.

I wish to have this charge reduced to misdemeanor and expunged,and possibly sealed or pardoned.I am in a profession that requires fiduciary responsibility, and it has been an absolute nightmare with backround checks, etc. I've been told that if my record is cleared,I can get back my old job, which I would love, but my backround check has to come up clear.

Anyway, long story short, can this record be completely cleared, or is the best I can hope for to reduce to misdemeanor (please let me know if this is possible) before expunging.

Thanks-


Asked on 2/22/05, 5:01 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Expungement, reduce felony to midemeanor

There is virtually no chance of getting your records sealed. Your chances of a pardon probably aren't much better, but you might have a shot if your story is particularly compelling.

You should be able to get the conviction reduced to a misdemeanor and then expunged. Hopefully that will be enough to get your career back on track, since it is very unlikely that anything more can be done for you.

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Answered on 2/22/05, 3:28 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Expungement, reduce felony to midemeanor

You cannot completely clear the offense from your record, but you can get it reduced and have it dismissed. You can either do it yourself, or you can hire an attorney to do it for you. You should go to the clerk's office of the court you were sentenced in. Ask for a 17(b) form and a 1203.4 form. If they don't have one check your local law library. You may want to also ask to see your file because you will need some information from your conviction to fill out the forms. Some court charge $120 filing fee to file the motions and some do not.

The 17b form asks the court to reduce the offense to a misdemeanor. Then you follow that up with the 1203.4 Motion. That asks the court to withdraw your plea of guilty/no contest and enter a plea of not guily in its place and then the case is dismissed. So, you no longer have a conviction. You will have always had one, but you do not anymore. If you have not had any probation violations the judge will have no discretion to say no to your request.

After about a month request a printout of your DOJ (Dept. of Justice) printout to make sure that the record of the court proceedings made it up there.

Good luck.

Elena Condes

[email protected]

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Answered on 2/22/05, 7:49 am


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