If you’ve been convicted of a felony and want to get your arrest records and subsequent conviction records expunged, it is sometimes more advantageous to have the felony first reduced to a misdemeanor.
One of the major benefits of a misdemeanor reduction followed by expungement is the fact that criminal records are never erased. It looks far better to have a misdemeanor expungement than a felony expungement on your record. This is especially true when seeking employment. In addition, a misdemeanor expungement will restore some previously lost rights, including the right to serve on a jury, and the right to own a firearm under California law.
The process of reducing a felony to a misdemeanor and then asking the Court to expunge your record is a complicated one, full of paperwork and legal procedures. That’s why it is very important to have a competent expungement attorney. Sacramento criminal defense attorney David Knoll has dealt with thousands of such cases, and knows the reduction and expungement procedures inside and out.
Requirements to Reduce a Felony Conviction to a Misdemeanor
In order for you to have your felony reduced to a misdemeanor, you must meet two conditions:
- Your offense has to fall under the category of a “wobbler,” meaning the prosecuting attorney could have charged you with a misdemeanor or a felony.
- You were granted probation.
Requirements for Expungement in California
You must meet certain conditions in order to be eligible for expungement in California:
- You must have completed or obtained early termination of probation;
- You were not convicted of a federal crime;
- You were not charged with another crime while you were on probation;
- You or your attorney were present at all required court appearances;
- You did not spend time in a state prison.
Procedures for Felony Reduction and Misdemeanor Expungement
Expungement attorney David Knoll files all of the necessary motions with the Court asking that your felony be reduced to a misdemeanor conviction. If you have not completed your probation, as part of the motion for reduction, he will ask that your probation be terminated early.
After receiving a positive decision on the reduction, David Knoll can apply for expungement. The reason for the two-step process is that if the judge refuses to reduce your conviction from a felony to a misdemeanor, you cannot file for a misdemeanor expungement.
If you are seeking to reduce your conviction from a felony to a misdemeanor and are seeking expungement of your criminal records, it is essential that you have experienced representation. Expungement attorney David Knoll and his skilled staff help you with the process, ensuring that you meet all of the legal requirements and that all the necessary motions are filed in a timely matter.Help Reduce Felony to Misdemeanor