Is a kidnapping charge reducible in California? 6 Answers as of March 21, 2011

Is a kidnapping charge involving my then wife and son reducible after serving only 5 months County jail time for that charge, completing 3 years probation successfully? There are no pending charges since then at all. 1st time offense ever.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
I don't know what you mean by "reducible". If you mean can a felony kidnapping conviction be reduced to a misdemeanor the answer is no. Kidnapping is a "straight" felony only.
Answer Applies to: California
Replied: 3/21/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Kidnapping is not reducible. An expungement might be available. That would not erase the fact of the conviction. Just let's you say you were not convicted except to a government employer or a state licensing agency.
Answer Applies to: California
Replied: 3/17/2011
Law Offices of Philip P. De Luca
Law Offices of Philip P. De Luca | Philip De Luca
In your question, it says "charge", when I think you meant to say "conviction" for kidnapping. She can have the matter expunged if she qualifies. Qualifications include that all terms of probation are satisfactorily completed and that there are no new offenses pending, etc.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Kidnapping is a non-reducible strike, forever on your record. But if you pled to false imprisonment, it's a wobbler.Can be reduced to a misd and expunged.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
No, California Penal Code section 207 is not a wobbler. You can, however, move to have the case dismissed after probation ends (or prior to that time),pursuant to Penal Code section 1203.4. At that time, you would not have to reveal (e.g., on job applications, etc.) that you had ever been convicted, unless you were applying for a State license, running for public office, contracting with the State lottery, applying for certain government clearances or jobs, or by consensual release. Potential civilian employers are not to question you regarding the conviction after relief pursuant to Penal Code section 1203.4.
Answer Applies to: California
Replied: 3/17/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you mean, can it be expunged, the general rules are as follows:

    Many felony and misdemeanor convictions can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain sex and Domestic Violence crimes, 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. 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' 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 you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 3/16/2011
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