How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask legaleagle Your Own Question

legaleagle
legaleagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13441
Experience:  Licensed Attorney for 7 years
Type Your Criminal Law Question Here...
legaleagle is online now
A new question is answered every 9 seconds

My son received a guilty conviction three years ago for falsifying

Resolved Question:

My son received a guilty conviction three years ago for falsifying an insurance claim. His only sentence was to serve three years formal probation which he completed on June 25, 2010. The court told him he was now eligble to file a Petition for Expungement. Our question is that the Petition gives choices of reducing to a misdemeanor or the finding of guilt be set aside. However, it states that this felony will show as a conviction and he will still need to report the felony if applying for a job (there is no obligation to report a misdemeanor). Our question is would it be better to ask for the charge to be reduced to a misdemeanor or is it better to have the plea set aside? Thank you, XXXXX XXXXX
Submitted: 4 years ago.
Category: Criminal Law
Expert:  legaleagle replied 4 years ago.
Having a felony on his record will be worse than a misdemeanor when he is searching for a job or if he ever wants to apply for a professional license. So he has to determine what his goal is in seeking the expungment, is it to get the finding set aside but still have the conviction for a felony, or to avoid having a felony conviction on his record and be okay with a misdemeanor one on his record.
legaleagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13441
Experience: Licensed Attorney for 7 years
legaleagle and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

is it harder to get it reduced to a misdemeanor? If he meets all the criteria under 1203.4, and he asks for a misdemeanor, will the court grant it or do they have the right to set aside the felony? Thanks

Expert:  legaleagle replied 4 years ago.
No it is not harder and if he meets the requirements his request should be granted as he requested it. They usually do not give you what you do not ask for unless you do not meet the requirements for what you ask for.
Customer: replied 4 years ago.
Sorry! Last question: The petition has a check box for either the the felony is one that can be reduced to a misdemeanor under Penal Code Section 17 or expunged under 1203.4. Obviously, we would like the misdemeanor but does I don't think he meets the test of Section 17 or does he? Thanks!!
Expert:  legaleagle replied 4 years ago.
You actually file both forms you get the felony reduced AND you petition to expunge. File a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement.
legaleagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13441
Experience: Licensed Attorney for 7 years
legaleagle and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Okay, great and thank you!!
Expert:  legaleagle replied 4 years ago.
You are welcome.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.