Legal Question in Criminal Law in California
How to Reduce Felony to Misdemeanor
I am a professional person. I was convicted of two felonies in 2000. I am unable to gain employment due to this. In a background check these two convictions show up as felonies and also may include some discription of the crime. I am a skilled person who cannot get an unskilled job. It has been one year since my discharge from parole (which was 100% blemish free) My parole officer told me that one year after being discharged from parole, I could approach the judge and ask that these two felonies in some manner be reduced or downgraded to a misdemeanor. Can anyone help me with my dilemma? What would be the proper procedure to do this? Any advice is appreciated. D.M.
3 Answers from Attorneys
Re: How to Reduce Felony to Misdemeanor
If you served prison time, there is no expungement available. If you did not, and if the two were in one proceeding, not two seperate, contact me to discuss bringing a motion to reduce the felony to misdemeanor, then get it expunged.
Re: How to Reduce Felony to Misdemeanor
I've had felonies reduced to misdemeanors and then had the misdemeanors expunged. Email or call to discuss.
-Ben
Re: How to Reduce Felony to Misdemeanor
Dear DM:
Thanks for your posting, and the opportunity to assist.
As someone that has been successfully released from parole, you do have the option to have this case reduced from a felony to a misdemeanor, or have the felony expunged, or both.
To reduce a felony from a misdemeanor, you will have to bring a properly researched, written, and noticed motion under Penal Code �17(b), and which must be served upon the District Attorney's office and argued in court.
To bring an expungement motion, you must use the court's forms, or bring a separate motion, depending upon the court's rules, either of which is also served on the prosecutor, under Penal Code �1203.4.
It's strongly recommended that you get an attorney for this type of motion. Most people don't know what judges are looking for in motions, or the appropriate local, state, and individual court rules that may apply.
If you'd like further help, or have any other questions, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can.
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