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Ask Peter Griesch Your Own Question
Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I am looking at a certified statement of conviction /

Customer Question

Hello, I am looking at a certified statement of conviction / disposition. Not sure what I am looking at. Two pages. First says Misdemeanor Theft. At the end, it says stricken off - leave reinstate. Then it says superseded by information. My second record shows Felony
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

What were you convicted of?

Also, what specific question can I assist with?

Customer: replied 1 year ago.
This is a charge from 1990. I thought that it started as a felony theft charge, and was reduced to a misdemeanor theft after probation was complete. I went to the court to look at my record today because I wanted to see what was there from that charge. I do not know what I am looking at. I just want to know what the final record is, and what is on my record. There are two pages. One shows misdemeanor theft. There is another page that shows F4 retail theft. It appears that the dates start on the misdemeanor page. At the bottom of the misdemeanor page it says "stricken off - leave reinstate". followed by superseded by information 90c. I believe that this was linked to the felony page. I'm confused. Does this mean that it ended up being a felony?
Expert:  Dwayne B. replied 1 year ago.

None of that tells you whether you ended up with a felony, unfortunately.

I'm not sure what the "stricken off - leave reinstate" means for sure but most likely the case was dismissed at some point by accident and the court granted the DA leave to reinstate the case on the docket. That is usually set forth more clearly but that is the only thing that makes sense from that notation.

The "superseded by information" likely means that the original case was filed by way of an officer filing a complaint or a warrant and then later a formal "information" was filed by the DA. An "information" is a charging instrument kind of like an indictment but for misdemeanors.

What you really need to look for is the judgment issued in the case. That will tell you exactly what the ultimate resolution was.

Customer: replied 1 year ago.
I'm not sure how to rate. I didn't get the answer I need. I do not want to rate you bad, but was that worth $40?
Expert:  Dwayne B. replied 1 year ago.

I'm not sure what to say.

We can't guarantee that you get a specific answer or "the answer you need", all we can guarantee is that you get a correct answer based on the facts that you have given. I interpreted the notes in the only way that makes sense given the facts you've provided and then I told you what document you can look at to provide you the specific answer to whether you have a felony but I can't make the wrong documents provide the correct answer.

As to the price, that's something I have no control over. You can choose not to pay if you so desire, but that's between you and what you feel is right or wrong. I answer questions based on the price and an assumption that when I answer correctly I'll receive a positive rating based on that.

Customer: replied 1 year ago.
this is my last message. my question was not answered. I am NOT going to give a good rating and pay for not getting my question answered. I feel that you tried and because of that I do not want to give you a bad rating. If I get another message asking to Rate you again it will be bad.
Expert:  Dwayne B. replied 1 year ago.

I didn't send you any message.

Expert:  Peter Griesch replied 1 year ago.

They are very confusing, and I've had these questions often. The courts and police departments use their own internal coding, and it makes it very difficult for the average person to follow.

What typically happens is that your original charging is listed, and the ultimate disposition is listed as well, but instead of indicating the final disposition like you would expect, you get the jumble in front of you.

What it means is that you were charged with a felony, but that it was pleaded down to a misdemeanor offense, which you were convicted of.

I hope this helps.

Thank you.

Pete

Customer: replied 1 year ago.
Wrong. It was the opposite
Customer: replied 1 year ago.
The misdemeanor was an incorrect charge. I do not need answers anymore

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