It depends. If the felony conviction resulted in you going to state prison then you cannot have it expunged per Penal Code Section 1203.4 or reduced to a misdemeanor per Penal Code Section 17b. If the felony conviction was “only a felony” meaning it could not have been charged as a misdemeanor then you cannot have it reduced to a misdemeanor. However, if you did not go to prison we can help you have it “expunged” from your record by making a motion under Penal Code Section 1203.4.
On the other hand, if the felony you plead to could have been initially filed by the District Attorney as a felony or a misdemeanor (called a wobbler) and you did not go to prison, and you successfully have completed probation for that offense and you are currently not on probation then we can file two motions on your behalf. The first motion would be to ask the court to reduce your felony conviction to a misdemeanor. If that motion is granted we can then file a motion per Penal Code Section 1203.4 to have the misdemeanor conviction set aside and the case dismissed in the interests of justice.
The result will be that for purposes of private employment you can answer that you were not convicted of a felony. However, you must disclose the information if you apply for a government job or a state license.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
If you or a loved one have been accused of a crime, this is the time to contact us.
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