Legal Question in Criminal Law in California

felony

how can a felony be removed from someone record?


Asked on 8/22/03, 3:14 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: felony

I may be able to remove it through several steps, depending upon the timing, the charges, the court. Contact me to discuss the facts and fees for doing so.

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Answered on 8/22/03, 4:51 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: felony

Thank you for your posting and your inquiry.

The procedure depends on your status. If you were convicted of a felony and are still on probation, you will need to request early release from probation and file petition to have conviction reduced to misdemeanor and dismissed, by filing a PC 1203.3 petition to have probation terminated early. File a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement.

If you were convicted of a felony and are done with probation and/or county jail time, you will need to file a petition to have your conviction reduced and dismissed. File a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement.

If you were convicted of a felony and were never given any probation at all and were sentenced to county jail, you will need to file a petition to have your felony reduced to a misdemeanor and file petition to have conviction dismissed. File a PC 17(b) petition to get felony reduced, and PC 1203.4a petition for expungement.

If you were convicted of a felony and were sentenced to state prison or under the authority of the California Department of Corrections, you will need to file a petition for Certificate of Rehabilitation and Pardon. See requirements about this process, and the ten-year rule, by meeting with an attorney.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 8/22/03, 7:23 pm


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