Legal Question in Criminal Law in California

Re: felony expungement

The answer depends upon what felonies you were convicted of and how much prison time, if any, your sentence included.

Felonies cannot be expunged, but if your sentences were each less than a year in prison you may be able to have them reduced to misdemeanors, which can then be expunged. Certain felonies cannot be reduced even if you were held for less than a year.

Good luck.

Re: felony expungement

I've read Edward Hoffman's response, and he's completely wrong. Any felony can be expunged as long as you weren't sentenced to state prison for it. If you received probation and any amount of county jail time, you are eligible for the relief provided by Penal Code section 1203.4. If you'd like to talk to me further, please don't hesitate to contact me. Good luck.

Re: felony expungement

If you were NOT sentenced to any prison time, there is hope. Some classes of felonies can NOT be expunged, some can. The process involves petitions to reduce the felony to a misdemeanor, then expunge the misdemeanor. It is discretionery with the court, no guarantees, but it can't hurt to try if you qualify. Contact me if interested in doing it.

Re: felony expungement

I have read Mr. Mandell's comments and have re-read my prior answer, and I stand by it (though I did phrase the part about prison time poorly). Evidently so does Mr. Nelson, who gave essentially the same answer. It is Mr. Mandell who is mistaken.

Mr. Mandell says "any felony can be expunged", but in reality only misdemeanors can be expunged. Felonies can't, but they often can be reduced to misdemeanors which can, in turn, be expunged. Some types of felonies cannot be reduced, and the others can only be reduced if the defendant wasn't sentenced to prison.

My original answer said only those who were sentenced to less than a year in prison could have their felony convictions reduced to misdemeanors. The fact is that generally only sentences of a year or more are served in prison, while sentences of less than a year are typically served in a county jail.

A prison sentence makes you ineligible for a reduction, but so does a sentence of a year or more because they are the same thing. My earlier answer did not discuss the difference between prison and jail; this probably caused unnecessary confusion, for which I apologize.

Re: felony expungement

There is always hope! Call the court directly where you want the records expunged or have a competent attorney assist you. Either way, be optimistic.