Legal Question in Criminal Law in California

reducing felony charges and espongment

My son was convicted of a strong arm robbery and given one felony and a strike against him in Calif. He was sentenced to a ''boys camp'' for 9 months, not the CYA. He was charged with 3 felonies and it was reduced to one. The judge was VERY harsh considering the crime. He turns 18 in a week. What is the process to get the felony reduced to a misdemeaner and ultimatly esponged from his record?


Asked on 12/30/07, 12:41 pm

3 Answers from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: reducing felony charges and espongment

Penal Code section 17 (misdemeanors) does not apply to section 211 (robbery). In other words, a robbery charge cannot be reduced to a misdemeanor.

Also, even if this robbery is eligible for expungement, if your son was over 16 at the time of the crime it will remain a "strike."

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Answered on 12/30/07, 2:53 pm
Allen Farshi Law Offices of Allen Farshi

Re: reducing felony charges and espongment

Unfortunately this charge can not be expunged. Furthermore, even if it were possible, the charge in the department of justice database is not expungable, and will not be hidden for three strike purposes.

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Answered on 12/31/07, 7:18 pm
Allen Farshi Law Offices of Allen Farshi

Re: reducing felony charges and espongment

Unfortunately this charge can not be expunged. Furthermore, even if it were possible, the charge in the department of justice database is not expungable, and will not be hidden for three strike purposes.

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Answered on 12/31/07, 7:18 pm


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