Legal Question in Criminal Law in California
sealing a file
I am a convicted felon. I did a mandatory 16 mo. sentence in the year 2000 for skipping a cruise waiver. I did 13 mos. of parole and was discharged. Since my release i have not been able to get a descent job due to background checks. Is it possible to have my charges dropped to a misdemeanor and have my record sealed?
4 Answers from Attorneys
Re: sealing a file
As Mr. Nelson said, you are ineligible for an expungement. You are also ineligible to have your felony reduced to a misdemeanor (which is a prerequisite to expungement).
A pardon from the governor is extremely unlikely. When the governor pardons someone it is because he feels their conviction either is unjust or has affected the person's life unjustly. The fact that you have a hard time finding work is not enough to qualify, since virtually all felons face the same problem.
You can pretty much forget about getting the file sealed. This is only done in extraordinary cases which present extraordinary reasons. The fact that a defendant wants his record sealed is not enough. After all, the entire point of making such records public is to enable others to read them. When your prospective employers read your record they are doing exactly what the state intended, and the fact that things are going as planned offers no reason to make an exception for you.
Sorry I can't be more encouraging. I'm afraid you will just have to live with your record.
Re: sealing a file
Call me, we can help you with this. Arthur Khachatourians, ESQ 818-590-8294
Re: sealing a file
Yes, it is possible to have the charge reduced to a misdemeanor but it's rather difficult to do on your own. Unless you are much more sophisticated than the average layperson, you should seek the assistance of an attorney.
Re: sealing a file
If you did prison time, there is no expungement possible. You could seek an actual governor's pardon. That takes time and money, and is rarely granted. If interested, contact me to discuss.
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