Legal Question in Criminal Law in California

Is it still a felony or is it a misdemeanor?

I was convicted of a felony (424 P.C.), ordered to do 3 yrs. sum. probation, pay a fine, and do c/service. I did all of that. I requested to be taken off of prob. which the judge did grant a year and a half later of sentencing. He also declared the offense to be a misdemeanor pursuant to section 17, p.c., probation was ordered terminated pursuant to sec. 1203.3 p.c. and the plea or conviction of guilty was set aside, a plea of not guilty was entered and the case was dismissed pursuant to section 1203.4 p.c. Will this still be considered to be a felony when I go to fill out job applications or can I put down that I have never been convicted of a felony?


Asked on 8/24/01, 9:30 pm

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Is it still a felony or is it a misdemeanor?

If the plea of Not Guilty was entered, and the judge accepted it the case was dismissed. You can truthfully say on any job application that you do not have a conviction on your record.

If you apply for a government job, this information may show up.

Also, I'm not entirely clear on the Federal Government's position on the California practice of doing this procedure. So if you ever get involved in a Federal problem, it may come up. My understanding is if the crime you were convicted of would be a felony under Federal Criminal Laws you might be treated as a previously convicted felon by the Federal Prosecutors.

So look them in the eye and put down you've never been convicted. That will in every instance is telling the truth.

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Answered on 9/03/01, 6:52 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Is it still a felony or is it a misdemeanor?

There are 2 issues here, and Victor Hobbs only answered 1 of them. First, when the judge declared it to be a misdemeanor per PC section 17, it made the conviction a misdemeanor for ALL PURPOSES. No exceptions. Then, when it was dismissed per PC section 1203.4, it gave you the right to deny that you had ANY conviction (felony or misdemeanor). But, there are 4 exceptions to that rule. You must admit the misdemeanor if you: 1. run for public office, 2. contract to do business with the CA Lottery System, 3. apply for any state or local professional license, and 4. if you get busted again, it can be used against you. But if one of the 4 exceptions occurs, it is a misdemeanor conviction that you have on your record, not a felony. Good luck.

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Answered on 9/03/01, 7:06 pm


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