Legal Question in Criminal Law in California

I have requested my criminal background report from the California DOJ. My paperwork came back showing that a conviction in 1997 was a felony conviction, however, it was a wobbler and via my plea my sentencing was declared a misdemeanor per PC 17(b) at sentencing. I have a copy of the original CRIMINAL MINUTES - PRONOUNCEMENT OF JUDGEMENT forms (signed by the judge of the superior court) that I got with a request of my court paperwork from the courts. My record request came with a BCII 8706 form for correcting my criminal records, however it says to include supporting documentation. To me, the minutes from the pronouncement of judgement seem like pretty significant "proof" (the form says right on it "This matter is declared a misdemeanor per PC 17(b)" as the first hand written comment on the other section above the judges signature. Is a copy of this form what I should send back to the DOJ with the BCII 8706? I have heard of a abstract of judgement, but when I requested my paperwork it was not included? Any help here would be great.


Asked on 10/29/10, 10:11 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

What matters most is what the judge said from the bench. The abstract of judgment is evidence of what he said, but abstracts are sometimes mistaken. A minute order is also evidence of what the judge said, but it is less authoritative than the abstract.

You should contact the court and tell them that you need a copy of the abstract. They may have made a simple mistake when they failed to send it to you initially. You may also need to order a copy of the transcript of the hearing at which judgment was pronounced. After 13 years, though, the court may have a hard time getting you one.

Good luck.

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Answered on 11/04/10, 12:25 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Hoffman. To get a copy of the hearing transcript, you need to contact the court reporter, whose name is usually listed in the minute, along with her CSR #. This may be difficult after 13 years. Good luck.

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Answered on 11/04/10, 2:43 pm


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