Legal Question in Criminal Law in California
sentenced to 3 years informal probation judge said if behaved for 2 years my misdemeanor can be dropped to infraction. What is the process to getting it dropped.
2 Answers from Attorneys
If no court date is set then close to the two year date add the case on the calendar for a modification of probation so the case is in front of the Judge so the case be reduced. Talk to a lawyer about the option. If you successfully complete probation then you can ask the court to have the misdemeanor be removed from your record pursuant to Penal Code section 1203.4. Your plea of guilty or no contest is withdrawn and your case is dismissed so you would then no longer have a conviction. There are some limitation, but that's basically it. If the offense is reduced to an infraction the conviction could possibly remain a public record. Penal Code section 1203.4 doesn't apply to infractions.
What was meant is that some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
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