Legal Question in Criminal Law in California
Felony Conviction
If a man is convicted of a felony, grand theft, and serves time in work furlow facility, can he get his felony conviction expunged? How would he do this? He will be on probation for 3 years.
3 Answers from Attorneys
Re: Felony Conviction
A felony conviction cannot be expunged. Only misdemeanors can be expunged. A felony conviction can be reduced to a misdemeanor. This process can only be done after the probation has been sucessfully completed or close to being completed. We can do a motion for an early termination of probation. If this is a recent conviction, you will have to wait a while. If you have any other questions, please do not hesitate to contact me at 310/277-1707.
Sincerely,
Lawrence Wolf, Esq.
Re: Felony Conviction
Penal Code section 1203.4 applies to most felonies and misdemeanors. Under its provisions the defendant can request that the court with the plea or set aside the conviction and dismiss the charges.
There are certain criminal violations that can be charged as either a felony or a misdemeanor. If the defendant is sentenced as a misdemeanor, that is receives probation and a county jail sentence, uppon completion of probation the charge is reduced to a misdemeanor, pursuant to penal code section 17. Most probation departments do this routinely for a relatively small fee.
Re: Felony Conviction
Expungement can be done only after motion to reduce the conviction from felony to misdemeanor. There are various requirements needed to convince the court to do so. Call to discuss 714-960-7584