Legal Question in Criminal Law in California
I have on my record a felony posesion of a controlled substane for sale, and need that charge lowered to a simple posesion at the very least, because I am now suffering immigration consiquences. My motion to vacate was denied and so was the writ of habeas corpis. The case is now 5 years old, and I don't know what to do next.
2 Answers from Attorneys
You will need to consult with an attorney regarding this matter. Some charges cannot be reduced to misdemeanors. Only by reviewing the facts of your case including the actions taken after the conviction can an attorney give you advice.
Many convictions can sometimes 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 Domestic Violence crimes crimes, if you completed and finished 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 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. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.
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