Legal Question in Criminal Law in California
Need record changed
In 1978 I was arrested for manslaughter. The charge was dropped to a misdemeanor charge but my record still reflects a felonly conviction. How can I get this changed to the misdemeanor which I was convicted of?
4 Answers from Attorneys
Re: Need record changed
If there is actually a mistake in the record, it can be corrected through an appropriate motion and application to the court. You can also consider seeking to have the record 'expunged' and the conviction removed from the record. If interested, contact me.
Re: Need record changed
You can contact the California Department of Justice to get a packet to get your criminal history. You will have to submit your fingerprints and pay a fee. Then, they will send you a printout of your criminal history. If that shows a felony, the forms should have the information to contest the criminal history information. You ought to get a certified record from the court that reduced the offense to a misdemeanor to submit to the DOJ to get the offense changed. Let me know if the information isn't clear enough and I'll try to explain it better.
Good luck,
Elena Condes
Re: Need record changed
That pretty simple, actually. What city were you convicted in?
Re: Need record changed
Mr. Silvers indicates that it's pretty easy. He's right, if you have worked in the criminal "justice" system for many years and know how to accomplish such an "easy" task. The steps are, indeed, easy. You just get the docket sheet, make sure that it reflects preceisely and accurately what occurred when you were convicted, then fill out a form available from the Dept of Justice called something like Application for Correction of Criminal History and submit it. After a few months, if no one has responded, you will need to follow up with the DOJ and get a copy of your hopefully new rap sheet (criminal history). However, if anything above isn't "easy," or if something occurs which you can't understand, you're toast. It's probably best to have a lawyer do it for you. Fortunately, any lawyer in the state can do it. It's not important for the lawyer to be in your county. If you'd like to talk to me about this matter, including how much it will cost, don't hesitate to call me at 310 393 0639 or email me at [email protected].
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