Legal Question in Criminal Law in California

History: I was charged with PC 245.A.2 (assault w/ a firearm), in the state of california, at the age of 19. The circumstances of my case were complicated that it was self-defense related, and had more of a relevance to excessive force (my court documents state that the victim initiated the conflict and was more or less a contributory factor in the case). After a year in county jail, while fighting the case, I accepted a plea deal for 5 years in state prison. I served 85% of my time (no disciplinary issues), was released, paroled, and successfully completed my parole in 3 years (no disciplinary issues).
Today, I am 27 years old, and have remained trouble free. During my incarceration, I obtained my GED and Following my release, I went back to junior college, and have held a steady job for the past 4 years. At the conclusion of 2 years in junior college, I successfully transferred to a 4 year University. I'm am nearing graduation, and have been considering a career in the military as an officer.
Dilemma: I recently spoke to a recruiter, who told me that I have two constraints: restitution and my felony record (the military will not consider individuals who have pending or current legal or financial obligations). At the end of my court proceedings, I was imposed with a restitution of $50,000 on behalf of the victim by the Victims of Crime Program.
I wish to find answers to several questions:
1) Can I appeal or get a reduction for this restitution? If so, what are the procedures? What are my chances of success?
2) Would I qualify for a pardon or expungement? If so, what are the procedures? What are my chances of success?
3) Could I ever be permitted to work as a peace/law enforcement officer in any capacity (hypothetically, if I served in the military, and discharged/retired honorably)? Are there any precedents for this (especially in circumstances where an individuals moral terpitude was reevaluated or found "socially" redeemed)?
I have tried to be, and have remained, a model citizen since my incarceration. I wish to further carry on with my life, and pursure this career in the military. My felony record and resititution have been the bain of my life. I only desire to contribute to society, improve the circumstances in my life, and receive a fair chance at having any sort of future success in life. Any answers pertaining to my situation will be greatly appreciated. Thanks.
-Jae

Asked on 12/14/10, 12:05 am

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

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Your felony conviction disqualifies you from possessing a gun or serving as a peace officer in California for life. A so-called "expungement" would not affect either� and you aren't eligible, anyway, due to your prison term. The prison sentence also prevents your felony from being reduced to a misdemeanor.

You have no realistic chance of getting a pardon in the current political climate. California governors have only granted three pardons in the past 12 years, all to people who were convicted of non-violent drug offenses more than 20 years ago and led exemplary lives ever since. Your conviction for a serious felony under the Three Strikes law is relatively recent and, judging from the high restitution amount, you inflicted serious damage on the victim.

It is too late to appeal the restitution. A notice of appeal must be filed within 60 days of sentencing.

I'm sorry that your youthful mistake has closed some doors in life. I encourage you to explore alternative ways to contribute to society, because the military and law enforcement simply are not options under the circumstances.

Answered on 12/19/10, 1:00 am

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Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Wait until you have been off parole for 5 years and then you can apply for a certificate of pardon and rehabilitation. Nice fantasy about becoming a cop or military officer.

Answered on 12/19/10, 4:32 am

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