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?


Asked on 2/18/11, 6:42 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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

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Answered on 2/19/11, 12:54 pm
Terry A. Nelson Nelson & Lawless

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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Answered on 2/21/11, 9:59 am


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