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Do felonies follow you if you relocate to another state

Los Angeles, CA |

what if after all my probationary terms are satisfied and completed i wanna move else where do i still have a felony conviction on my record. do i get the oppurtunity to get a state license if i move to a different state?

Attorney Answers 5


  1. Generally felony convictions carry the same weight from state to state. You may be able to argue that the offense that you were convicted of in State A, might only be considered a misdemeanor in State B. You probably just need to do a little research to compare the offenses between the 2 states. If you find that it is only a misdemeanor in State B, contact an employment attorney in that state who might be able to advise you on how to proceed. Also, you might be eligible to have your felony offense in State A reduced to a misdemeanor, which would solve your problem completely. In CA, your attorney can ask the court to reduce your charge under Penal Code 17(b). Best of luck.

    www.sandiegocriminaldefensefirm.com


  2. The basis answer is Yes. Felonies follow you. However, since you completed the terms of your probation you might be eligible to have the felony reduced t a misdemeanor and then expunged.


  3. A felony is a felony; you'll have a record wherever you go. HOWEVER, the definition of what constitutes a given felony varies from state to state. For example, in California, to commit a burglary, you have to enter a building with the intent to steal or to commit some other felony. In other states, you need not have the intent BEFORE entering the building; you can form it inside.
    Your best bet is to have that felony conviction expunged in California, then talk to a lawyer in your destination state about Whether your California felony incorporates the necessary adjudicated elements for a felony in your new state.


  4. A felony is a felony; you'll have a record wherever you go. HOWEVER, the definition of what constitutes a given felony varies from state to state. For example, in California, to commit a burglary, you have to enter a building with the intent to steal or to commit some other felony. In other states, you need not have the intent BEFORE entering the building; you can form it inside.
    Your best bet is to have that felony conviction expunged in California, then talk to a lawyer in your destination state about Whether your California felony incorporates the necessary adjudicated elements for a felony in your new state.


  5. Even if you get a so-called "expungement," you are still required to disclose the conviction when applying for any sort of state license.

    Under Penal Code §1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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