Q: Can a PC459, PC245(A)(2), PC246 be expunged or lowered to a misdemeanor?
Five years served in a California state prison, and restitution fees paid. Sentenced back in September 2, 2003.
A: For your felony convictions with state prison sentences, you are most likely not eligible to have your conviction dismissed or or lowered to a misdemeanor. But you can apply for a certificate of rehabilitation and pardon. Expungements do not exist in California. An attorney may be able to help you.
A:
Under California law, PC459 (burglary), PC245(A)(2) (assault with a deadly weapon), and PC246 (shooting into an inhabited dwelling) are all considered felonies. Depending on the specific circumstances and your criminal history, you may be eligible for expungement or reduction to a misdemeanor under certain conditions, such as completing probation, paying restitution, and meeting other requirements. Consult with legal counsel to assess your eligibility and explore available options for post-conviction relief.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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