Q: Can I remove a felony conviction for assault with a deadly weapon to apply for police officer?
I was convicted of first-degree murder in 2005 and received a life sentence. In 2021, my conviction was overturned under SB 1437 as I wasn't the person who committed the crime. Instead, I was convicted of assault with a deadly weapon, resulting in a four-year prison sentence, which I have already served. However, I did not actually assault anyone. I want to know if there is anything I can do to remove this felony, as I wish to apply to be a police officer. I have not yet taken any legal action regarding the felony.
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- Answered
A:
You may have options to address this felony conviction through California's legal system. Given the unique circumstances of your case - particularly the overturned murder conviction and your assertion that you did not commit the assault - exploring post-conviction relief could be worthwhile.
Your first step should be consulting with a criminal defense attorney who handles post-conviction cases in California. They can review the specific details of your case and potentially pursue options like filing for a writ of habeas corpus, seeking expungement under Penal Code 1203.4, or exploring other post-conviction remedies. The fact that you claim innocence of the assault charge could be significant in pursuing these options.
However, you should know that even if you succeed in having the felony conviction addressed through legal means, many police departments have strict hiring policies regarding criminal history. Before investing time and resources into challenging the conviction, consider speaking with law enforcement recruiters or reviewing department hiring policies to understand how a resolved felony might impact your eligibility. Your commitment to public service is admirable, and there may be alternative career paths in law enforcement or public safety that could align with your goals while having less restrictive hiring requirements regarding past convictions.
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