Legal Question in Criminal Law in California

My grandson was charged with a felony when he was 18. He was in jail for just a couple of weeks and then put in re hab . He was released (for good behavior) from that facility after one year. He has been out on his own for the past four months but can not find a job because of his record. He would like to join the navy but the felony prevents this. I would like to know if a judge can reduce the felony to a misdemeanor charge without going through the courts, or do we have to hire an attorney and take it to court?


Asked on 10/07/10, 3:41 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

He has a problem without a easy quick solution. NO, you don't get to 'talk' to the judge about this other than through a court hearing. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and AT LEAST ONE YEAR of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. and to military recruiters. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need. Be advised that the military may not accept the expungement and still disqualify him from joining. Talk to his recruiter.

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Answered on 10/12/10, 4:30 pm
Anthony Roach Law Office of Anthony A. Roach

He will still need a waiver from the Secretary of the Navy to join. I suggest he speak to a recruiter for details, and the forms.

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Answered on 10/12/10, 4:36 pm


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