Legal Question in Criminal Law in California

Re: From felony to misdemeanor

Thanks for your posting. What you need to do is bring a motion under Penal Code Section 17(b) to order your case reduced to a misdemeanor, as the court stated you would be able to do.

You may then bring a motion under Penal Code section �1203.4, to bring an expungement.

That code section states that "a person must be released from penalties and disabilities resulting from conviction in any case in which the person has been granted and successfully completed probation, by either fulfilling the conditions of probation for the entire period, which includes specifically the full payment of restitution or fines imposed as a condition of probation, or being discharged before the end of the probation period." The court has discretion to do so in the interests of justice in other probation cases. The court does not have discretion to do so if the defendant served a sentence in prison on a felony conviction, or if the defendant was found not guilty by reason of insanity.

An applicant is not eligible for expungement if he or she is serving a sentence or is on probation for any offense, or if he or she is charged with the commission of a crime. Certain sex offenses, certain misdemeanor provisions of the Vehicle Code, and infractions are exempt from this rule. The burden is on the applicant to prove that the probation requirements have been fulfilled, unless he or she has previously been relieved from probation restrictions.

I hope this helps, but if you have ANY questions, want more detailed information, or are looking for legal representation, please feel free to email me at [email protected], or call my office directly, toll free, at 1-877-568-2977. I'm happy to help in any way that I can.

Re: From felony to misdemeanor

There aren't any 'forms'; this requires a motion to reduce and then a motion to expunge. Contact me by email if interested in discussing the details and costs of such motions.