Legal Question in Criminal Law in California

Penal Code 977 does not apply to your situation. A 977 waiver would authorize your attorney to appear on your behalf so you would not have to go to court. If you don't have a lawyer, then there is nobody to have that authorization.

Contact the clerk of the court where you were convicted (which is also where you have to file the documents). In some counties, the judge will waive a defendant's appearance on a 1203.4 petition.

You should definitely move to have your felony reduced to a misdemeanor under Penal Code 17(b). There is a checkbox on the current version of the 1203.4 petition so you can request a reduction at the same time. If the packet you have doesn't have the current form, you can download it from www.courtinfo.ca.gov

Note that not all felonies can be reduced. Those that can are commonly known as "wobblers."

I'm not as enthusiastic about these so-called "expungements" as some other attorneys, and even less enthusiastic about the law firms that charge big bucks to file simple paperwork.

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.

Applying for a 1203.4 dismissal is usually worth the minimal effort and cost involved, but it isn't the magic bullet some people make it out to be.

On the other hand, reducing a felony to a misdemeanor will remove many of the disabilities of a felony conviction. For instance, it will restore your right to possess a firearm under California law. (Note that some violent misdemeanors under Penal Code 12021 still have a ten year firearm prohibition, and under Federal law, people convicted of a domestic violence misdemeanor can NEVER possess a gun.)

Many convictions can be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if you completed all terms of probation, and if you have 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 employment applications. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.