Legal Question in Criminal Law in California

If the law regarding 11350 H&S Code was the same 20 years ago as it is today, and you did not do state prison time behind that charge, it is possible to expunge the charge, but not to reduce. There is no such crime as misdemeanor posssesion of cocaine. Poss. of coke is a straight felony. For further disscussion, call me at 661-2671313. Thank you....David Wallin

Probably. 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. 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.

The above responses are from attorneys that are nothing but hacks.

You can't expunge or reduce a felony unless it was a "wobbler." A wobbler is an offense that can be charged as either a felony or a misdemeanor. If you were convicted of a felony that was not a wobbler, which it appears from your reference to Health & Safety Code section 11350, then you cannot reduce it to a misdemeanor or expunge.

The only way to cure a felony that is not a wobbler is to seek pardon from the Governor.