Legal Question in Criminal Law in California

expunging a felony conviction

Is it possible to have a felony conviction expunged? If no state time, only probation, a fine, and community service were sentenced, is it possible to have the conviction reduced to a misdemeanor, then expunged? I read a news report that this was possible.

Thank you


Asked on 1/20/03, 11:33 pm

3 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: expunging a felony conviction

Thanks for your posting. You cannot expunge a felony, but you can, as you've stated, reduce a felony to a misdemeanor and then have it expunged, if it was a wobbler (meaning the charge could be filed as a misdemeanor OR a felony) and you served no state prison time.

For felonies, the process to clear a record is called a "certificate of rehabilitation", which also can get you the same result if granted.

If you have other questions, or would like help with this, please feel free to email me at [email protected]. Thanks.

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Answered on 1/21/03, 12:19 am
Steven Mandell Law Offices of Steven R. Mandell

Re: expunging a felony conviction

I�ve read Robert Miller�s response, and he�s wrong. You most certainly CAN expunge a felony conviction for which you received probation. And, depending on the conviction, which you don�t specify, you might be able to get it reduced to a misdemeanor as well. We need to discuss this more fully. Feel free to call me at 310 393 0639 for a free consultation about this issue. Steve Mandell, Attorney at Law, 1541 Ocean Ave, Suite 300, Santa Monica, CA.

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Answered on 1/21/03, 1:57 am
Terry A. Nelson Nelson & Lawless

Re: expunging a felony conviction

Yes, you can get it expunged, with the consent of the court, which then allows you to put on applications that you 'have never been convicted'. Contact me if interested in doing so.

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Answered on 1/21/03, 1:37 pm


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