Legal Question in Criminal Law in California
Felony conviction expungement in california for drug crimes
Hello there!!
I am writing on behalf of my fiance and am seeking to find information on how does he get his records expunged. He has made some unforunate mistakes in the past of sale and possession of marijuana back in 1998. He was sentenced to a boysranch bootcamp for 120 days and was given probation for 4 years. He has since served his probation, paid his restitution and done community service. He has been working at various jobs (temp jobs). However, he received a driving with wet and reckless charge back in 2001 which they extended his probation for another 2 yrs. His probation for the marijuana conviction ended on 1/12/05 and the other will end in 9/05. His concern is that he can not seem to get a descent paying job because of his felony. We have sought legal help from free legal institutions but they didnt seem to be very informative. I understand that when people do irresponsible things in society, they should be punished but I do not feel that this should be the sole reason of them not getting a job. I am pleading for anyone to direct us in the getting his felony expunged. He has changed his life around and is seeking to settle down but its becoming a financial burden due to the fact that employers will not hire him
2 Answers from Attorneys
Re: Felony conviction expungement in california for drug crimes
To expunge a pure misdemeanor after completing probation, one files with the court for expungement under PC 1203.4 using a form available from the court clerk's office. For felonies for which no state prison time was served, retain an attorney to make a motion to reduce the charge to a misdemeanor and for expungement under Section 1203.4.
Re: Felony conviction expungement in california for drug crimes
If no prison time was ordered or served, it normally may be possible to get afelony reduced and expunged by a series of motions to the court. Convictions as a minor can be 'sealed' by motions to the court and/or expunged, if he qualifies. Contact me to discuss the process and costs of getting the record sealed or expunged, so he doesn't have to report the conviction. The DUI can not be expunged.
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