Legal Question in Criminal Law in California

Hello. I live in Ca and recently took a plea for a felony that is a strike. I talked to my probation officer for the first time yesterday and she told me that my felony is reducable to a misdemeanor. My question is this. If my felony is reduced, does the strike remain, or is it struck from my record?


Asked on 11/04/10, 11:27 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

The general rules and guidelines for expungement are:

Records are forever. 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. 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.

Read more
Answered on 11/09/10, 12:20 pm
Lawrence Wolf Law Offices of Lawrence Wolf

It will be stricken

Read more
Answered on 11/09/10, 1:31 pm


Related Questions & Answers

More Criminal Law questions and answers in California