Los Banos, CA asked in Criminal Law for California

Q: In 2004 I pled "No Contest" to a felony charge (HS 12677) I want to get it expunged.

I completed all the programs, paid my fines and finished probation. It has been 15 years since then and I would like to get that charge expunged or reduced to a misdemeanor.

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: For a Felony:

Expungement removes but does not seal your record. You can’t seal a DMV record which is used more often by employers. Sealing is normally used for a Juvenile case, not an adults. You must show an overriding public interest in sealing. This would occur when someone wants to enter the military.

You can SEAL A RECORD but the burden is on the Defendant and is VERY HIGH.

The DA fights you on getting rid of a record. They want people to have a record so that when they next get arrested they can impose a more severe sentence.

Results of criminal cases are often reported to TRW and Experian. You must wait 12 months to expunge if there was no probation granted. The 1203 does not affect consumer/employer reporting agencies and the records they have previously received from the Courts as to arrests and convictions.

IF YOU HAVE A FELONY CONVICTION a motion under 17B would be needed to reduce a felony to a misdemeanor and then under 1203.4 dismiss the misdemeanor. California Law (§17 of the Penal Code) allows a 17b Motion to be filed to request a Felony conviction be reduced to a misdemeanor. This can be done at any time, even years after the conviction. This is a decision that is discretionary with the Judge.

A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

The motion may be opposed by the Prosecutor's office. It requires a Motion and Court Hearing on the merits of the request. This can be done at the same time an Expungement is requested. As the Judge has great discretion in this decision, it is crucial to present the Court with facts favorable to the reduction.

The charge must be a "wobbler" (originally chargeable as a misdemeanor or felony) so not all felony cases can be reduced.

California Law allows you to clear your criminal conviction by withdrawing your plea and having the case dismissed, under most circumstances. This means you can answer “No” to a question regarding convictions in most situations.

The expungement law, California Penal Code § 1203.4, is somewhat complex in areas, but expungement of a criminal record is something that should be done by anyone with even a minor criminal history. Contrary to popular belief, records are not cleared automatically with the passage of time.

Misdemeanor: Expunging a DUI does little good other than the driver being able to tell a potential employer he does not have a record. For law enforcement, it will always be there.

it does not work for every type of case

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