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    tboan0301's Avatar
    tboan0301 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 28, 2008, 12:01 PM
    Removing a Felony
    I have a felony on my record. But the catch is I didn't spend anytime in prison, no fines and no probation or parole. I just have a Felony on my record for larceny and did not even commit the crime. I had let someone use my credit card to rent a car and they never returned the car back to the rental company. But I am the one who got in trouble for it. So the last 3 years of my life are as if I am an actual criminal. Can't have my own place or get a decent job. I just want this off my record so I can live my life. Does anyone have any suggestions?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Feb 28, 2008, 12:14 PM
    Hello tb:

    There's a bit more to this story, but that was then, and this is now. You were convicted. It doesn't matter now that you were innocent.

    You can't remove a felony. All you can do is expunge it, or get pardoned. You're going to need a lawyer for either of those procedures.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Mar 1, 2008, 08:58 AM
    I agree with excon. You were convicted whether you were guilty the record stands. If everyone who was innocent could just say so and the case be removed, there would be a lot less felons out there. You gave your credit card to someone so that makes you a noninnocent person otherwise you would not have been convicted. You will have to spend about 8 or 9 years without any subsequent convictions to be eligible for expungement of the felony.
    sinking in debt's Avatar
    sinking in debt Posts: 6, Reputation: 1
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    #4

    Mar 1, 2008, 09:20 AM
    The only thing I know you can do is get it expunged from your record. This will cost you around 500.00 or upwards and you will need a lawyer. Had a friend that had the same problem and that is how he handled it.
    sherice1977's Avatar
    sherice1977 Posts: 53, Reputation: -3
    Junior Member
    		  
    #5

    Mar 2, 2008, 05:08 PM
    Comment on excon's post
    Hit it right on buddy
    tboan0301's Avatar
    tboan0301 Posts: 2, Reputation: 1
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    #6

    Mar 2, 2008, 05:33 PM
    Quote Originally Posted by excon
    Hello tb:

    There's a bit more to this story, but that was then, and this is now. You were convicted. It doesn't matter now that you were innocent.

    You can't remove a felony. All you can do is expunge it, or get pardoned. You're gonna need a lawyer for either of those procedures.

    excon
    Yeah your right there is more to the story but tried to keep it short and simple... havin a cop as your girlfriend is something I will never do again, she messed me up real good.
    medhx's Avatar
    medhx Posts: 1, Reputation: 1
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    #7

    Mar 3, 2008, 04:11 AM
    If your coviction is in CA, try looking at penal code section 1203.4. I believe that covers "expungement". The court clerk may even have a form for you to use to apply for it.
    If your conviction was a "wobbler" i.e.. Can be either a felony or a misdemeanor, the fact that you didn't do time may mean it is a misdemeanor conviction by definition.
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