Q: In 2009 I was convicted of felony charges (forgery and commercial burglary)
I was sentenced to a 120 days county jail A 120 days caltrans And 5 years probation which I was violated on and sent to prison I was released in 2012 , I wanna clean up my record and remove felony to restore my rights , my question is will motion 17b help me ?
A: It is possible to clean up your record, yes. Via PC 1203.4. Certain rights may be restored if the charges are reduced pursuant to 17b, as well. This is not automatically granted by the judge, however, since you mention you violated probation. It would be worthwhile for you to consult with counsel who handle these types of motions. Specific details are always important to discuss prior to filing these motions in court.
A:
17b reduces a felony to a misdemeanor.
then you have to file for a 1203.4 PC to dismiss.
however, you are best advised to contact an attorney.
with a probation violation, it is often less likely.
it will depend on what and when the violations was.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
