Can my Identity Theft and Fraud Felony be lowered to a misdemeanor or expunged? 7 Answers as of June 21, 2011

I was convicted in March 2009 for identity theft and fraud. I did not serve any jail time but was put on 3 years formal probation. I know I must complete probation and pay the restitution first but can these be reduced or expunged?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, the conviction can be reduced and expunged. Call me when you're ready, I do them often.
Answer Applies to: California
Replied: 6/21/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Maybe. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase 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' or 'strike' 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 or employment because of the conviction. If youre serious about doing this, and once you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 6/21/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Following the completion of your probation or before if there is good cause your attorney can bring a motion to reduce these felony convictions to misdemeanors and at the same time expunge them. The motion to reduce is discretionary with the court but your are entitled to the expungement if you have completed probation successfully without violations.
Answer Applies to: California
Replied: 6/20/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
It depends on the specific Penal Code number that you were charged with. Look up the Penal Code sections for which you pled guilty. Probably around PC 470 for fraud and somewhere around PC 529 or 530 for identity theft. But you need to get the exact section. When you read through the code section, if the punishment is listed as either state prison or county jail, then the offense is a wobbler. Wobblers can be reduced to misdemeanors upon successful completion of probation with a PC 17 motion to the court.
Answer Applies to: California
Replied: 6/20/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Yes. Hire an Attorney to file a 'Motion to Dismiss' for you, pursuant to Penal Code section 1203.3 and 1203.4. It is a limited form of relief, but you will be able to say that you have never been convicted on most civilian job applications.
Answer Applies to: California
Replied: 6/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You must complete probation first, then you need to hire an attorney to do a 17b motion to reduce the felony to a misdemeanor. Once granted, then the attorney can proceed to petition the court to expunge the misdemeanor.
    Answer Applies to: California
    Replied: 6/20/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    I would need to know the specific code section you were convicted of, but in California moat theft related offenses can be reduced to misdemeanors. If you successfully complete probation including paying off the fines and restitution you can get an expungmemt. If you need help give my office a call.
    Answer Applies to: California
    Replied: 6/20/2011
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