Expungement of Class 3 Felony
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Expungement of Class 3 Felony
I have a class 3 felony involving possession and distribution of a controlled substance (mdma). The conviction was in 2001 (more than 7 years). I am currently considering going back to school to study Accounting and can foresee difficulty in finding employment with this felony on my record. I just want a second chance in life to prove I can become a contributing citizen and willing to work hard to prove I am not the same person today as when I committed these crimes. Is it possible to expunge my record and how much will it cost in the state of California? Thanks in advance for your help.
Asked on June 4, 2009 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Since I don't know the particulars of your case I have set out a table for your review. This should get you started. As for the cost, you'd have to call several attorneys in your area to determine.
| You were convicted of a felony and are done with probation and/or county jail time. | File petition to have conviction reduced and dismissed. | File a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement. |
| You were convicted of a felony and were never given any probation at all and were sentenced to county jail. | File petition to have felony reduced to a misdemeanor and file petition to have conviction dismissed. | File a PC 17(b) petition to get felony reduced, and PC 1203.4a petition for expungement. |
| You were convicted of a felony and were sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation. | File a petition for Certificate of Rehabilitation and Pardon. | See requirements about this process, and the ten-year rule, under Certificate of Rehabilitation and Pardon. |
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