Legal Question in Criminal Law in California
After a felony is expunged and the case was dismissed and it's still a felony can something be done to bring it down to a misdemeanor?
2 Answers from Attorneys
You've got it backwards. A felony cannot be expunged, unless it is a wobbler. That means a crime that could have been charged as either a felony or a misdemeanor. If you meet the requirements, you have the felony reduced to a misdemeanor first, and then have it expunged.
I suggest you read and familiarize yourself with the rules and discussion on this page:
http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm
That was already part of expungement process you claim to have done. If it didn't get done right, you don't get a second shot at it. Go back and read your court paperwork to see what actually happened. Get a copy from the court clerk if necessary.
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