Legal Question in Criminal Law in California

retroactive punishment by a new law

My husband was convicted of pc 290c in 08/97. He was sentenced to 90 days in jail and 3 years probation. In establishing a plea-bargain he was told (verbally only, not in writing) that after the probation was over, he could apply for a reduction of sentence to misdemeanor and eventually expongement, since he has no prior record. In 01/98 the law was changed, making it impossible for him to apply for a reduction of sentence. Is it legal to punish him by a law that was put into effect after he had been sentenced? Is there something we can do?


Asked on 2/22/02, 6:22 pm

2 Answers from Attorneys
David Diamond Diamond & Associates

Re: retroactive punishment by a new law

We can always make a motion to withdraw his plea. This would take it completely off his record. PLEASE FEEL FREE TO GIVE US A CALL 310 277 1707

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Answered on 2/22/02, 9:24 pm
Victor Hobbs Victor E. Hobbs

Re: retroactive punishment by a new law

Lets get our terms correct. Your husband plead guilty to a certain crime. The consequence of this act was that he was then guilty of a misdemeanor. Then he was sentenced to something i.e. time in jail, fine, and/or probation (formal or informal). So now he wants to have that conviction (by a plea) removed. That law hasn't changed. He may still petition the court to have his conviction to a misdemeanor crime removed. Now ask your next question, "How does he do that?" And the answer is he goes to the criminal clerk in the court, and ask if there isn't a form to fill out that he may do it on. If there isn't then you ask the question, "How does he do it?"

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Answered on 2/23/02, 10:18 am


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