Legal Question in Criminal Law in California

Reduction to Misdemeanor

Is there a relatively simple process to get a felony reduced to a misdemeanor after over 20 years of having a clean record and need my record expunged (? spelling). The jail time was about seven months with probation after (not parole which is normally given on a felony). According to the lawyer, it should have been originally recorded as a misdemeanor. What forms are necessary to get this taken care of? I wish to apply for a job as a corrections officer in Kingman, AZ.


Asked on 2/24/04, 4:40 pm

2 Answers from Attorneys

Re: Reduction to Misdemeanor

If the charge could have been originally charged as a misdemeanor a motion can be easily filed with the court

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Answered on 2/25/04, 6:34 pm
Terry A. Nelson Nelson & Lawless

Re: Reduction to Misdemeanor

Expungement does not 'remove' it from the record, only changes it from conviction to dismissal, but it is still there for law enforcement to see that there was an arrest/conviction/expungment, particularly when you apply for a job that requires background check like this. It may help you to do it for this job application, but will still likely require you to voluntarily disclose it when asked on this job application and others like bonding, police, security clearances, etc. For normal jobs you can say NO once expunged. The process involves several stages, and is possible, but not guaranteed for felonies, much more likely with misdemeanors. If interested, call me to discuss facts and fees, they are 'reasonable'.

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Answered on 2/24/04, 6:42 pm


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