Many times people come into my office confused about the difference between a Felony reduction and an expungement and how to go about the entire process and whether they are even eligible for a reduction and if not what relief they are entitled to in the law.
If after reading this article you still have questions give us a call at 559 441-1418.
WHAT FELONIES ARE ELIGIBLE TO BE REDUCED PER 17 B OF THE CALIFORNIA PENAL CODE?
Certain offenses in Calfornia are punishable either as a felony or misdemeanor. Those offenses are called "wobblers" If you were convicted of a wobbler as a Felony, the Judge may be permitted to later reduce the offense to a misdemeanor so long as your sentence did not include a prison term.
The easiest way to reduce a Felony wobbler to a misdemeanor is to request the reduction at the same time you are asking for an Expungement. Alternatively you can file a seperate motion to reduce seperately from your expungement. You can file a motion to redcue any wobblers using the forms and instructions provided by the court.
REDUCTION VIA PROPOSITION 47 OR PROPOSITION 64
for certain offenses you my be eligible for reduction per proposition 64 or 47 you should consult an Attorney before seeking relief under these statutes or even under a 17b this is because some of the relief offered may not entitle you to regaining your firearm rights and restoring those rights under the law. Therefore, before you seek to do any legal work on your own get advice from an experienced Attorney to help you through the process.
WHAT IF I WAS SENTENCED TO PRISION?
If you were sentenced to prision the proper avenue for you to take would be a certificate of rehablitation. The effect of this shows that you have completed your parole and a Judge has found that you are suitable have the certificate of rehabilitation. This process can be lenghty in all of the above situation but may help you to get employment and to help yourself to move on with your life.
A certificate of reahabiltation is an order signed by a Judge declaring the person convicted of a Felony is now rehabilitated. If a petition for a certificated of rehabilitation is granted, it is forwarded to the Governor by the Court and constitutes an application for a pardon. A seperate application for a Pardon is not needed.
The minimum level of but not a guarantee to apply is that you were convicted of a Felony or a Misdemeanor sex offense requiring registration. and that misdemeanor was dismissed or on the Felony conviction you served a prison sentence
have been discharged from parole
have not been incarcerated since release
have paid all fees fines and restititution
are not serving any sentence on any other felony or on probation or parole and
have resided in California for the immediate five years prior to asking for the certificate. We always advice our clients to please get proof of all of the above before the scheduled date for the hearing. You must be present for the hearing with all paperwork properly filled out and proof of everything. The Judge will hold a hearing and you may even be asked to be sworn in and testify as to what is in the moving papers. We always make sure our clients are prepared for this if it does come down to the District Attorney placing somoene on the stand.
If after reading this article you have further questions give us a call at 559 441-1418 and we can help you to get thes offenses behind you.
And to move on with your life.
