Legal Question in Criminal Law in California

My question is how would I get a felony charge removed or blocked from my record if its for a overpayment for calworks and I'm making payments on but it will take a while ? with this it is very hard to get a job so is any thing that I could to do.


Asked on 7/25/10, 8:27 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If the felony was "wobbler," (meaning you were charged with something that could be charged as a misdemeanor or a felony) you can have it reduced to a misdemeanor once you have complied with the terms of the sentence. Once it is reduced to a misdemeanor, it can be expunged.

If the felony was not a "wobbler" you could only get it "removed" by getting a pardon from the Governor

Read more
Answered on 7/26/10, 12:16 pm
Terry A. Nelson Nelson & Lawless

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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 agency and employer then can decide whether you are barred from 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 7/26/10, 5:00 pm


Related Questions & Answers

More Criminal Law questions and answers in California