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Daniel Solutions
Daniel Solutions, Lawyer (JD)
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Experience:  Practing General Attorney,
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I am trying to figure out if I am eligible for a Certificate

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I am trying to figure out if I am eligible for a Certificate of Rehabilitation? Or anything that will reduce my convictions from a felony to a misdemeanor.

I was charged in California with 2 non-violent felonies in 1994. Marijuana related. I never served any jail or prison time other than the initial booking. Both felonies were expunged in 1998.   I have been on the right track ever since.

I appreciate any help... :)
Hello,
Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.

If you were convicted of possession of marijuana for personal use then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code Sections 11361.5 and 11361.7 all possession of marijuana for personal use convictions, after January 1, 1976, are erased from your record after two years. BE CAREFUL! The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record.

 

 

If you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation This is an external link. Click this icon for our external linking policy. you are not eligible for a dismissal under Penal Code Section 1203.4 or 1203.4a. You may, however, be eligible for a Certificate of Rehabilitation. For eligibility and application requirements contact the Board of Parole Hearings This is an external link. Click this icon for our external linking policy., Post Office Box 4036, Sacramento, CANNN-NN-NNNN

If you are eligible, you may file a petition with the Superior Court where you reside. This is a lengthy process and you may need a lawyer. You have the right to have the Public Defender in your county help you. If there isn’t a Public Defender in your county, you may still have the right to get help, either by the county’s adult probation officer, or by a court-appointed lawyer if the court thinks you need legal representation. Read Penal Code §4852.08

 

Customer: replied 5 years ago.
I still didnt get my question answered....

Like I said "I never served any jail or prison time"

So do I qualify for a Certificate of Rehabilitation? Even thou i never went to prison.

Yes or No is sufficient...
Yes
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