Can I change my California felonies to mistemeanors? 11 Answers as of February 06, 2011

Can my pc459 comm. bur (f) and pc549 vandalism (f) be changed to misdemeanors? It has been 3 years and I am a 1st time offender with a clean record. Sentencing was 90 days? Thanks.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If you completed probation successfully the cases can be reduced to misdemeanors at the same time you request an expungement under Penal Code section 1203.4.
Answer Applies to: California
Replied: 2/6/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
If the 459 was a second degree burglary it can be reduce to a misdemeanor, not so if a residential or first degree. The vandalism can be reduced to a misdemeanor.
Answer Applies to: California
Replied: 12/12/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A motion can be filed to do what you want.
Answer Applies to: California
Replied: 12/9/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It is possible to reduce the felonies to misdemeanors, then get the misdemeanors expunged (which means "dismissed). What court were you convicted in? Call me to discuss further
Answer Applies to: California
Replied: 12/6/2010
Law Offices of Philip P. De Luca
Law Offices of Philip P. De Luca | Philip De Luca
Yes. P.C. 1203.4 governs expungements and includes provisions to reduce felonies to misdemeanors. So long as you have completed your probation relative to the conviction described, you have no new offenses and you did not serve time in state prison, you are eligible.

We have been very successful expunging criminal records for many individuals like you.

If you need further assistance, please do not hesitate contacting the undersigned.
Answer Applies to: California
Replied: 12/6/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The general rules and guidelines are: many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you are serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 12/6/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Assuming you are no longer on any probation/parole, an attorney can help you file a 17(b) motion to reduce the felony to a misdemeanor.
    Answer Applies to: California
    Replied: 12/6/2010
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes, via a Motion pursuant to Penal Code section 1203.4(a).
    Answer Applies to: California
    Replied: 12/6/2010
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    Yes, those can both be reduced to misdemeanors, and expunged from your record. Also, you may be able to terminate probation early.
    Answer Applies to: California
    Replied: 12/6/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    It sounds like you may be able to have the felonies reduced to misdemeanors. You would want to have a lawyer do this for you. If you would like to discuss it with me, please don't hesitate to call me.
    Answer Applies to: California
    Replied: 12/6/2010
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