What can I do for an old felony charge? 12 Answers as of December 26, 2010

Felony traffic. It was an ounce and a half of marijuana and I was 20 at the time of sentencing, 19 when I committed the crime. I am now 40 and shy of a couple of speeding tix, clean. What can I do?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If you were convicted of possession of marijuana as a felony, it must have been a long time ago, unless you are not telling the whole story and the conviction was for possession for sale or transportation. If it really were for a possession charge, I would definitely hire an good lawyer. Not only would you likely be able to expunge the conviction but likely have it reduced to a misdemeanor. You may even be eligible for record destruction a procedure reserved only for marijuana convictions that were incurred during a certain time frame.
Answer Applies to: California
Replied: 12/26/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If you successfully completed your probation and have not been arrested since, the charge can be expunged. However, that does not erase the conviction from your record. It only adds a notation that it has been dismissed.

Our office is very experienced in handling these matters. For more information or to be represented, please call us.
Answer Applies to: California
Replied: 11/9/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Have it expunged.
Answer Applies to: California
Replied: 11/8/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The general rules and guidelines are: Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional 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 so, and you think you qualify, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 11/8/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
No such thing as felony traffic: a traffic citation only leads to a fine (with no jail), while a felony can result in a state prison sentence.

Depending on the conviction (possession? sales? transportation?) and your performance on probation or parole, it may be possible to expunge your record.

If you would like to discuss your case in more detail, please call my office.
Answer Applies to: California
Replied: 11/6/2010
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    Depending on the specifics of your matter, you should be able to get the conviction expunged. We handle these all the time.
    Answer Applies to: California
    Replied: 11/6/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If you were convicted of simple possession (not possession for sale) it is a "wobbler" - that is, a case that can be charged either as a felony or misdemeanor. After the successful completion of probation you can, under Penal Code 17(b) get it reduced to a misdemeanor and then get the relief under Penal Code 1203.4. You can Google California Penal Code. Once relief is granted you can truthfully say you were never convicted of a felony. The problem is that expungement (1203.4) does not wipe your record clean like they used a big eraser. It simply adds the notation to your record that the conviction was expunged. Big deal. The problem today is that there is no privacy and it is easy to get tons of information about everyone. Although employers cannot legally ask if you were ever convicted of a misdemeanor (only a felony) they will require you to sign a waiver allowing them to access your criminal record. So they will find out and then make up some other reason for why they didn't hire you. But the 17(b) relief is important. If you have the funds you should hire a competent criminal attorney. If not you could go to the public defender but I doubt that they will take this on as they are overwhelmed in this economy.
    Answer Applies to: California
    Replied: 11/5/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You should look into getting the felony reduced to a misdemeanor, then having it expunged from your record. This is a court procedure in which motions are filed, court hearing, etc. I would be happy to assist you in this if you would like. Call me if you would like a free consultation to speak about what would be involved. This can be done very affordably.
    Answer Applies to: California
    Replied: 11/5/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes you can. You can either hire an attorney or try to do it yourself. If you want to do it yourself here is a helpful link.

    http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm
    Answer Applies to: California
    Replied: 11/5/2010
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    If the charge was a wobbler (could have been charged as a misdemeanor or felony), it can be expunged where you have completed probation or parole, and have paid all fines and restitution.
    Answer Applies to: California
    Replied: 11/5/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire a criminal defense attorney to first do a 17b motion to reduce the felony to a misdemeanor, then file a petition for expungement to clear the misdemeanor.
    Answer Applies to: California
    Replied: 11/5/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    You can probably have it "expunged." If your case was in LA County, feel free to call me to discuss how to go about getting it done. You can probably have it "expunged." If your case was in LA County, feel free to call me to discuss how to go about getting it done.
    Answer Applies to: California
    Replied: 11/5/2010
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