Legal Question in Criminal Law in California

federal felony

i was convicted 10 years ago of conspiracy to commit credit card fraud. I never recived or made any money and no actual usage was ever commited. my codefendant introduced me to a guy that asked me if i wasnted to learn how to use the numbers i had access to(legally,he was a service agent. i talked a little about it and i was arrested. I had a substance abuse problem at the time and they saw fit to put me in a long term rehab, I have been clean and sober ever since. Im graduqating from a private University here in california, is it possible to get the felony expunged or reduced to a misdemeanor. iwas told it was a class d felony the lowest. I have been in no trouble since and feel my codefendant and the agent set me up, because he had 2 charges when we went to court and 1 was previous to the one we had together. do i have any recourse, so when I go to apply for a carrer I dont have to say I have a felony. sincerly--name removed--monson


Asked on 8/21/05, 3:16 pm

2 Answers from Attorneys
JOSEPH SHEMARIA LAW OFFICES OF JOSEPH SHEMARIA

Re: federal felony

I read your inquiry very closely and I cannot tell if you have a federal or state conviction. There are no reductions to misdemeanor, or expungements (except in rare situations) in federal court, hence I think you probably have a state conviction. Yes, you can have it reduced to a misdemeanor and expunged in Cal. courts.

However, if the fact are as you say, it appears you had a good, very good, entrapment defense--especially in federal court. Perhaps, even in a Cal. state court. You shud explore bringing a petition for writ of habeas corpus as you appear to have been set-up and when you pled guilty you were not advised of the entrapment defense. You could get rid of the entire conviction this way.

This is too complex and there are too many unanswered questions to go further here.

Good luck!~

Joseph Shemaria, Esq.

www.FederalCrimesLawyers.com

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Answered on 8/21/05, 4:45 pm
Terry A. Nelson Nelson & Lawless

Re: federal felony

IF it was a state conviction, then it may be possible to get it reduced and expunged. Not possible if federal. If prison was served or ordered, no expungement possible. Contact me if interested in doing this right, to discuss the facts, costs and whether it can be expunged.

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Answered on 8/21/05, 9:09 pm


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