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    whistila's Avatar
    whistila Posts: 2, Reputation: 1
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    #1

    Oct 3, 2008, 07:39 PM
    Modification of restitution?
    I was charged with 487b3 felony in California back in 1995. (I was 20yrs old at the time) I did probation and was given restitution for 20k. I have been paying it down for the last 13 years and about to hit 10k. I was wondering if there was a way to request a modification or something for the restitiution so that I can get my record expunged/dismissed.

    I know that the company that claimed this fraud was paid by their insurance for the money and I never said how much was taken, they just estimated in court. Any suggestions?

    Anyone know if I can just get it put down to a misdemeanor at this point or I have to wait for the restitution to be paid off.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 3, 2008, 07:55 PM

    Normally not, if the actual damages was that much, they will expect it
    whistila's Avatar
    whistila Posts: 2, Reputation: 1
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    #3

    Oct 3, 2008, 08:22 PM
    Yeah that is the problem. I was 20 years old and I was scared at the time. They estimated the loss. There was no proof of what I took, but my confession that I took things was what did me in. I was wondering if anyone knew if it was even possible to request a modification of restitution since I could put the burden on the company and also they got paid by their insurance for the balance.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Oct 4, 2008, 05:59 AM

    Essentially this request will fall on deaf ears with the Court. After paying off $10,000 you still have another 10 to go. Being 20 years old has nothing to do with the fact a crime was committed as you already said that you never stated just how much you took.

    If you really wish to pursue this avenue, please consult with a good criminal attorney to see if this is possible. I don't think you will get your record expunged until after you have had your present case concluded and have waited at least 10 years after that.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Oct 4, 2008, 06:18 AM
    Hello w:

    I think you've got a shot at some relief. Hire a GOOD attorney.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Oct 4, 2008, 07:14 AM

    In the end, that is it, you will need to pay an attorney maybe 5000 to 7000 to represent you in court to fight this,

    Get the idea, it will cost most liekly as much to fight it, as to pay it.
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