Saint Petersburg, FL asked in Criminal Law for California

Q: I had a felony case reduced to misdemeanor in 1992 for marijuana possession

I had a felony case reduced to misdemeanor in 1992 for marijuana possession

The DOJ still lists the felony convictions on my DOJ REPORT

At the bottom it’ says “reduced to misdemeanor”

How do I get the felony convictions removed ? The fbi record show and consider me a convicted felon for marijuana possession Even though it was reduced to a misdemeanor

I sent the DOJ an 801 challenging the record but got an amended report back with felonies intact

The San Diego online court also lists the case in its data base also

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2 Lawyer Answers
Stanley Dale Radtke
Stanley Dale Radtke
Answered
  • Criminal Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: Have you looked at vacating your conviction all together under Health and Safety Code section 11361.8?

Check out the package put together by the Orange County Superior Court.

https://www.occourts.org/self-help/formpackets/forms/SHC-CRIM-12.pdf

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

A: Prop 64 created a new law, H&S 11361.8 for Resentencing and Reclassification

before that you would make a motion under 17B to reduce a Felony to Misd and then 1203 to Dismiss.

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