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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
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Tina i need to file a petition to have a felony expunge,

Customer Question

hi tina i need to file a petition to have a felony expunge
JA: What state is this in? And can you tell me a little more about the charge?
Customer: california, it was on 2010, i was chrged of grand theft, it was a funeral insurance case
JA: Has anything been filed or reported?
Customer: i got convicted, no jail time
JA: I'm sorry but I'm not sure we have an expert who covers what you are looking for. Maybe if you give me more details I will find you a connection to someone who can help you.
Customer: i just need to file to seal my record im a permanent resident and i need to apply for my citizeship
JA: Anything else you want the lawyer to know before I connect you?
Customer: that is all
Submitted: 8 months ago.
Category: Legal
Expert:  Bill Attorney replied 8 months ago.

This is attorney Bill answering your expungement question today. The first process should be to have your case dismissed. This is done by filing a petition to have your felony conviction reduced to a misdemeanor.

PC § 17(b)(3 "b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances . . . (3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor."

Then you also need to file for a dismissal of the misdemeanor crime at the same court where you were convicted.

Here is the form you file with the court for the dismissal of the misdemeanor:

You should contact the clerk for a complete package checklist and obtain your criminal record file and file the following form:

http://www.courts.ca.gov/documents/cr180.pdf

There is no charge to petition initially but you may be charged after final hearing of the decision

If you need more information please follow up with me

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Best

Bill