Felony Reductions & Expungements
In California, many felony convictions can be expunged. If you were granted probation, rather than sent to state prison, your conviction should be expungeable (with some rare exceptions) as long as you have successfully completed all of the terms of your probation. Although successful completion of all terms of one’s probation is a requirement, the law provides courts the discretion to expunge convictions where probation was violated but later successfully completed. The court will also want to know whether you have been convicted of a new offense, charged with any new offense, or currently on probation for any other offense. At WILL & WILL, LLP, our lawyers will recommend that you obtain some character reference letters for us to include in the motion/petition filed on your behalf.
If, however, you were sent to state prison, meaning that upon release, you were on parole rather than probation, you cannot expunge or reduce your felony conviction. In such cases, you may still be eligible to obtain a certificate of rehabilitation and/or governor’s pardon.
Many felony violations are really “wobblers,” meaning that depending on the circumstances, they can be filed as a misdemeanor or a felony. If your felony conviction falls into this category, you may be able to have your matter reduced to a misdemeanor and then subsequently expunged from your record. Once your felony is reduced, you will no longer be considered an “ex-felon” and you will be relieved of the restriction imposed on ex-felons such as certain denial or loss of state licenses, possession of firearms, jury duty, etc… To find out if your felony conviction was for a “wobbler” offense, call or fill out the online contact form for a free consultation with a WILL & WILL, LLP expungement attorney.
If your felony conviction was not for a “wobbler” offense, but you were granted probation (and your conviction was not for certain felony offenses*), it can still be expunged without first being reduced to a misdemeanor. Consult the knowledgeable and experienced attorneys at WILL & WILL, LLP to find out if your prior felony conviction can be expunged.
Once your record is expunged, you can legally answer “no” to direct inquiries regarding whether you were convicted of that crime. There are 3 exceptions to this general rule: 1) in an application for peace officer or public office, 2) in an application for a state license, or 3) contracting with the California Lottery Commission. In all other cases, you can deny the conviction. In addition, certain licensing agencies like the Department of Real Estate require that you expunge your record as criteria for licensure.
The Process of Obtaining a Felony Expungement
The felony expungement process starts with the filing of a motion and petition with the court wherein the original felony conviction took place. The matter is then normally sent to the district attorney’s office and the probation department for review. Probation then submits a report to the court and the matter is set for a hearing. Your appearance in court will most likely be necessary when dealing with a prior felony offense. At the hearing, the court will determine whether or not to grant your request to reduce and/or expunge your prior felony conviction. Once the expungement and/or the motion to reduce is granted, the felony is reduced to a misdemeanor (if applicable), the conviction is set-aside, a plea of not-guilty entered and the case dismissed. The court then sends a copy of the order to the Department of Justice to update your criminal record.
* The following convictions cannot be expunged: convictions for violations of Vehicle Code section 42001(b) or Penal Code sections 286(c) , 288 , 288a(c) , 288.5 , 289(j) or any felony conviction of Penal Code section 261.5(d) .
