Legal Question in Criminal Law in California
Reduction to misdemeanor
I was convicted in 1985 for violation of Health & Safety Code section 11360(a), accused of sale, attempt to sell, or transport marijuana, although I only possessed it. I was given 135 days in county jail. Now, I would like to reduce this from a felony to a misdemeanor because it would help my immigration case. I was told that since this isn't a wobbler crime, it cannot be reduced to a misdemeanor. Is this true? I was also told that since I only got sentenced to 135 days in county jail, that that was a misdemeanor anyway. Also, is it possible to get the DA to agree now that I only pled guilty to possession? Please help.
2 Answers from Attorneys
Re: Reduction to misdemeanor
The DA is not going to 'change the record', nor is anyone else, except by you filing an application and motion to expunge your record. Since you were not sentenced to any prison time, you may be able to get the record expunged, which means the conviction is set aside and the case dismissed retroactively, would mean you could say 'no' to conviction on most employment applications. Feel free to contact me if serious about doing so.
Re: Reduction to misdemeanor
Your case requires handling by an attorney specializing in post conviction relief for immigrants. My office has successfully handled matters similar to yours. Check out our website, specifically the Immigration & Crime section under Practice Areas.
Your case will require vacating your conviction. Filing of a motion to set aside (vacate) the judgment on some legal grounds will be necessary. The fact that your conviction is very old might be extremely beneficial from the standpoint of striking a potential deal with the prosecution, if your record has been clean since 1985.
Expungement or reduction to misdemeanor will not work for immigration purposes.
Feel free to contact me for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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