I have a felony strike but i never went to prison only county jail and i had probation for five years and they reduced it

Asked over 5 years ago - Northridge, CA

i have a felony strike but i never went to prison only county jail and i had probation for five years and they reduced it to three years for my good behavior its been six years that i have not been in trouble and not planning on being in jail or prison i have changed my life and ive gottin married bought a house and have been going to work every single day i dont use drugs or do any crimes because iv learnd my lesson im trying to get in to the electrical union but im affraid of not getting to job because of my stuped crime the person that i did the crime with with to had the same thing as what i got but now his in prison because he sotle a car they gave hime six years i live in california and the crim happend in california please give me some good news and good advice thank you

Attorney answers (2)

  1. Ben Walter Pesta II

    Contributor Level 14

    Answered . If you never went to prison and have behaved yourself ever since, there's a very good chance you can get this conviction expunged. Then you would not have to list it on any employment application.
    Another approach would be to tell a prospective employer the truth: "I committed a felony six years ago, I was sentenced to probation, I was a successful probationer, I did so well they let me off probation two years early, and I really learned my lesson. I could have gone to the joint, and I think about it every day. Six years ago I was a knucklehead, but the judge gave me a break, and I proved him right. If YOU give me a break, I promise you won't be sorry."
    Just a thought....

  2. Robert Lee Marshall

    Contributor Level 20

    Answered . An "expungement" under Penal Code 1203.4 doesn't really expunge anything. You are allowed to withdraw your plea and the judge dismisses the case, but the case will still show up on court records as a case that was dismissed after successful completion of probation.

    Although an employer cannot, under California law, inquire about convictions dismissed under 1203.4, it still might show up on a background check. I usually tell clients to disclose the conviction if they think there will be a background check, but note that relief was granted.

    Was your felony conviction for a "wobbler" that can be reduced to a misdemeanor? I would ask the judge to do that at the same time.

    Note that a conviction for a serious or violent felony under the Three Strikes Law remains a "strike" even if it is reduced or dismissed. If you are convicted of a felony in the future, the judge will not be able to give you probation and your prison sentence would be doubled.

Related Topics

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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