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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23950
Experience:  9+ years defending Misdemeanor and Felony cases.
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I was convicted of a felony 3 years ago. I embezzled money

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I was convicted of a felony 3 years ago. I embezzled money from a prior employer by way of padding my timesheet with overtime and vacation hours. I subsequently paid them back every dime plus and additional 15,000 and an apology letter as per the plantiff's request. I completed my community service and paid all other related fees. Can I apply for an expudgment or is there a statue of time I must wait. Or should I request to have it reduced to a misdemenor. Please advise... Thank you
You were convicted of a felony and are done with probation and/or county jail time.File petition to have conviction reduced and dismissed.File a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement

 

 

 

Customer: replied 7 years ago.
If the expungement is denied can I still file for the reduction of sentence. Is there a risk in asking for the expungement first? Could that make the judge scoff at my request to then have it reduced? Do I have to appear in court for this request or just file paperwork? Is there a fee?
No risk, both options are available. Yes, you would have to appear in court once a date is set. Yes, there is a fee that you need to pay to file the paper work but it is nominal.
Customer: replied 7 years ago.
At the court appearance am I asked questions with as to why I want an expungment or reduction? Is the plantiff contacted? Should my attorney who represented me be there?
Not likely to be asked but it is always good to prepare a statement for the Judge, to show you have been rehabilitated and that you want to move on with your life and how having this on your record, is having a negative effect. The plaintiff is the State of California, but it is at the discretion of the Judge. You may want to speak with your attorney about helping you with this, so you can make sure it is done properly.
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