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Daniel Solutions
Daniel Solutions, Lawyer (JD)
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Experience:  Practing General Attorney,
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How can I get three Felony convictions reduced that I served

Resolved Question:

How can I get three Felony convictions reduced that I served prison time in California in the 90's?
Submitted: 5 years ago.
Category: Legal
Expert:  Daniel Solutions replied 5 years ago.
Hello,
Thank you for allowing us to assist you with this problem.

There are two requirements for a felony conviction in California to be reduced to a misdemeanor. The process is set out in California Penal Code 17(b) 3.

First, the charge you plead guilty must be classified as a “wobbler.” Under California law, a wobbler is a crime that can be charged as either a felony or a misdemeanor.

Second, you must be given a probationary sentence. Even if you had to do time in county jail you can still reduce your case to a misdemeanor. If probation was denied, and you were sentenced to State Prison, then you are not eligible for a reduction to a misdemeanor, or an expungement pursuant to penal code section 1203.4. At this point, in order to get relief your must file for a certificate of rehabilitation and then pardon from the governor.

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