Legal Question in Criminal Law in California

Can you have a felony probation of a class 1 felony be reduced to a misdemeanor after 2 years of probation?


Asked on 9/20/11, 9:55 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed Sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you may deny, in response to any question concerning your prior criminal record, that you were arrested for or convicted of the offense except that you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 9/21/11, 12:40 am
Joe Dane Law Office of Joe Dane

My first question is: Is this a California case? The reason I ask is California doesn't have "class 1" felonies.

The exact charge matters, as does your record and your performance on probation so far. Some felonies can be reduced to misdemeanors, others are straight felonies that can't be reduced ever.

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Answered on 9/21/11, 2:41 pm
Daniel Martin Law Office of Daniel K Martin

The State of California does not have assigned classes to crimes, however the federal government does have different classes. If you were in California, and charged with a federal crime then you could be charged with different classes of a crime.

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Answered on 9/21/11, 8:14 pm


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