Legal Question in Criminal Law in California

Reduce pen 245 to misdemeanor after probabtion completed

He was Convicted of pen code 245. I think it was assualt with a weapon casue bodiy injury. He hitted someone with his vehicel after he was robbed... He was to serve 1 year in county jail but end up served one year in home detention with electronic monitoring device on the ankle.. He alos completed the 5 year probabtion with no run in with the laws.

1. Can this felony reduced to misdemeanor? then be expunged?

2. can this person with green card become citizen after the felony is reduced? after that, will there be a risk for him to go in and out of the country, worrying that he might not allowed to get back into usa once he left.

I appreciate any help you can offer.

Thank you for your kindness.


Asked on 5/18/02, 1:40 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Reduce pen 245 to misdemeanor after probabtion completed

Penal Code Section 1203.4 provides that a felony conviction may be reduced to a misdemeanor conviction. My understanding is that then an application under P. C. Section 1203.4 can be made to have the (misdemeanor) plea of guilty withdrawn.

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Answered on 5/18/02, 9:19 am


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