Legal Question in Criminal Law in California

Is it possible to remove a strike?

My son was convicted of felony assault with a DW, successfully completed formal probation, moved and was granted the motion reducing the charge to a misd and dismissal. Is there any way to remove the strike, which we have been told will always be there for criminal purposes. This mother's idea was to write the governor for a pardon. Any chance of that being successful? Thanks for sharing your wisdom


Asked on 12/16/07, 11:54 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Is it possible to remove a strike?

You can forget 'writing to the governor'. There is a formal procedure for seeking a governor's pardon, but you can pretty much forget that too; Bill Clinton isn't governor here and on his last day in office. The procedure is seldom successful, as well it shouldn't be, since granting it would mean the governor is publicly saying the legal system, judge and jury of your peers all made a huge mistake and created a travesty of justice. To grant a pardon would require overwhelming justification in the 'interests of justice', to right an obvious wrong. Ask yourself why should the governor do this in your case, and ask what the public and media would say if he did. There are consequences to all our actions; your son is now facing them. Society already gave him a break by providing the procedure for expungement he used.

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Answered on 12/17/07, 1:51 pm


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