[DrJ]

Does anyone know the process for this in California? Is this something that can be done without a lawyer?

[DrJ]

Hmmm... does this help anyone?

CA Codes (pen:2-24)

Here is a description of the type of conviction I am talking about:

Criminal cases fall into three categories: felonies (cases where punishment can include more than one year in state prison), misdemeanors (where punishment can include up to one year in county jail), or "wobblers" (cases that can be punished either by state prison or up to one year in county jail).

For purposes of expungement proceedings, if a felony conviction is a "wobbler", a skilled criminal lawyer will likely seek a reduction of the offense to a misdemeanor pursuant to Penal Code Section 17(b) before seeking an expungement under Penal Code 1203.4.

Penal Code Section 17(b) states that, on the grant of this relief, the crime is a misdemeanor "for all purposes," but case law and other statutes carve out many exceptions. The conviction, for example, remains a prior strike under California's "Three Strikes" law, because it was not a misdemeanor reduction at the time of the original sentencing. The person may still be considered convicted of felony for purposes of many gun laws.

It is far better for a defendant to seek reduction from a felony to a misdemeanor, where available, before seeking an expungement. It is certainly better for a defendant to have a dismissed misdemeanor on their record than a dismissed felony. Note: where a crime can only be punished by a term in state prison, this reduction is not available.

Any help at all is appreciated. Thanks!

[Lowtax4eva]

Won't you be given a lawyer once this goes to court? There's usually some innitial court appearance where you plead and they decide on a court date for a trial. I would assume he would request the lowest possible sentence at this point. If not read this code it makes reference to and see if you understand it.

[DrJ]

No, this is something that is already over and done with. I was convicted of a felony about 4 years ago and have served my time. However, the felony is considered a "wobbler" felony, which means that at some point in time, it may be able to be reduced to a misdemeanor on my record (allowing me to say own a gun, carry a pocket knife, go to Canada, etc).

If I don't do anything, nothing will ever happen with this.

From my understanding, I was supposed to wait until about 1 year after I completed probation. That year was up last November.

My next step is to make a motion to the court to see about getting it reduced. However, I am not sure how complicated of a process this will be. I don't want to have to hire a lawyer if I don't have to.

[excon]

I dont want to have to hire a lawyer if I dont have to.

Hello Dr.

Well, I finally got it.

While you aren't required to hire a lawyer to have this done, I wouldn't try it without one. I just don't think you can argue your case like your lawyer could.

excon

[DrJ]

Thanks Excon,

I had put in a motion to to reduce my probation from felony probation to informal probation (no PO, no check-ins... just obey all laws kind of thing) and to abolish my alcohol clause a couple years ago. With this, it was decided before I even showed up in court. They reduced my probation but didn't abolish the alcohol clause. There wasn't even a chance to argue a case.

I was thinking this might be the same kind of deal, in which case, I may not need a lawyer?

[excon]

Hello again, Dr.

That stuff was administrative. From what I gather, this is going to be a hearing in front of a judge. That means, of course, that you're going to have a prosecutor on the other side telling the judge all the reasons he shouldn't grant your request.

You may only have one shot at this. Take the best one you can.

excon

[DrJ]

Ahh... yeah, that makes sense. And good point about it may only be my one shot.

Thank you, sir! Looks like I better hire someone good, too! :)

[quentthomas]

Does anyone know the process for this in California? Is this something that can be done without a lawyer?

This is what I need to know?

[quentthomas]

How do I get this done without a lawyer? What steps do I need to take to get this wobbler
Reduced to a misdemeaner?

[excon]

Hello quent:

It's not a good idea to piggyback on someone else's question, but I'm sure you didn't know how to go about it. No problem. Somebody will be along to move it, hopefully.

If you've read the above stuff, you'll know that I have never heard of this kind of thing. Plus, I hope you read where I suggested that the best way to do it is getting a lawyer, and you maybe having only one shot at this.

So, if you're still going to attempt this without a lawyer, I can probably get you started. You're going to have to petition the court for a hearing. It probably should be the same court that convicted you. The court MAY accept a hand written letter as your motion, or it MAY not. Some judges have tudes, you know what I mean? Buy a copy of the "Rules of Criminal Procedure" for the particular court you're dealing with. You can probably get a copy at your local college bookstore. Read it. It will tell you the form you need, who you need to inform, etc...

Then take your best shot.

excon

[donethatbeenthere]

Hey guys...
I went through this whole process in cali a few months ago. First, you have to make an appt. w/ the probation office in the county where the conviction occured--tell them you're seeking a dismissal. In my county, Fresno, I met w/ the prob. Off. she looked up my case and made sure I had no violations of probation and that my term had expired. Then she checked to make sure I had no outstanding warrents, fines, tickets etc. Once all of this was done, I paid her $75 for administrative/court costs, waited ~3 weeks, and received an order saying they reduced my felony (assault w/ gbi) to a midemeanor per SS 17(b), and then withdrew my plea and dismissed the case as per SS 1203.4 a. It was so great to get that in the mail--no atty fees, no hearing. I needed this to get my juv. Record sealed, which was much harder and required me to hire an atty. The law forces the county in which the conviction occurred to provide you with the avenues necessary to obtain relief under 1203.4, so I suggest you start with the prob. dept. and if they can't help, contact the public defender's office. I hope this helps, and good luck!

[SSFO]

I had your same problem. I just called the Public Defender I had during my case. He went to court and got it reduced and then expunged without paying any legal fees. If you didn't have a Public Defender, ask for one. It'll be free of charge.

[overuled2]

In call it requires a PC 17(b) motion & notice of motion (served to DA's ofc 30 days prior to hgn). and best to include a declaration (stating factually all your good works post the offense, etc.). Nolo has a booket on the topic I believ BUT some exp'ed attys you can find via the web will do the entire prcoess for less the 1k, and it is much better to have counsel than not.

Best

[Becca007]

What if you can't afford to hire a lawyer? Needless to say that when the employers are seeing this it is effecting me tremendously in finding work. I was a special case where I had all the lesser punishments but I had no idea what wobbler was and it wasn't explained how this is going to effect me in the future. I had a squeaky clen driving record for 37 years till I moved back to a broke state which is California. I got stopped for everything and my mother. I am just know finding out this wobbler. Convictions were in 2008 for DUI, a gun that wasn't mine-it was my roomies(car was parked for a month) didn't know it was in there. We both worked for UPS. He didn't fess up to the gun cause it was bought illegally. Nice huh. I had one drink and they said I blew a .12 over.. mind you when I went to DUI class all the women supposibly had .12 and over. It was the worse day of my life cause I hadn't drank in a year and I am a social drinker like at birthday parties even my friends would call me up cause I was responsible driver. Can't risk losing my job. Too make this long story short. I have a wobbler andcant afford an attorney. What can I do or am I screwed again.