Legal Question in Criminal Law in California
In Marcgh 2003 I plead guilty to PC 311.1(a) in San Bernardino CA. I did 8 months in county jail with 5 years probation. I am required to register. I am not inb jail nor have I been in any trouble since jail. As I understand the law, 311.1(a) is a 'wobbler. Can I get this changed to a misdemeanor? Can I be relieved of the requirement to register.
DH
2 Answers from Attorneys
California Penal Code 311.1 makes it illegal to possess or distribute child pornography.
You are correct: it is a wobbler, meaning it can be reduced from a felony to a misdemeanor under Penal Code 17(b). A reduction would not relieve you of the duty to register.
You can be relieved of the duty to register if the court grants a petition for a Certificate of Rehabilitation under Penal Code 4852.01. Because you were convicted of a registerable offense, you cannot apply until March 2013 -- ten years since you were placed on probation.
Since you successfully completed probation, you are entitled to have the court dismiss the charges under Penal Code 1203.4. Although this is commonly called an expungement, it will not seal court records or relieve you of the duty to register. You are required to get a 1203.4 dismissal before filing a petition for a certificate of rehabilitation. You can petition the court to reduce your felony to a misdemeanor at the same time.
You would have to seek by special motion a court order that you no longer have to register. There is no guarantee of success, but if you have facts, evidence, sympathy issues, etc., of turning your life around that might convince a judge to do so, it is worth trying as part of the process of getting expungement. If serious about doing so, feel free to contact me.
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