I want to ask to reduce felony to misdemeanor whether by 17(b) or some other way so , is Possession of Stolen Property eligible?

Asked over 1 year ago - Santa Ana, CA

Back in 1999 , i plead to possession of stolen property. I had to serve a little more than a year then the rest (2 years) on a parole/probation. Now its 2013, i married, started a successful business, provide jobs, member of my community, i think I've turned my life around and done pretty well for myself. However I want to work towards my rights being restored and if even possible by a long shot expunge it too. Is my charge eligible by this 17(b) method, or by any other petitioning? Expungement is secondary, restoration of My Rights is main concern.
Ive asked similar question previously but it appeared I was not specific enough because the lawyers' answers were on different ends of spectrum & I dont think one was wrong & other right, but that both understood the question differently.

Attorney answers (2)

  1. Tai Christopher Bogan

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Parole is not the same thing as probation. If you were in fact on parole, that means you went to prison and which case you cannot get the case set aside pursuant to Penal Code § 1203.4. Sometimes people dont actually get sent to prison, but they do enough time in County Jail to do what is called a "paper" commitment. In other words the person has so much custody credit that even though they were "sent to prison", they actually left the front door of the County Jail. This is called a paper commitment.

    If you did not go to prison you can petition the court to reduce per PC 17 and set aside per PC 1203.4, in that sequence.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  2. Nicholas Maurice Rosenberg

    Contributor Level 14

    3

    Lawyers agree

    Answered . To answer this repost I will assume that you were sentenced to prison since you stated you served more than one year and mention parole. You can only apply for a Certificate of Rehabilition which can:
    Relieve some sex offenders, as specified, of further duty to register.
    (Pen. Code § 290.5.)
    • Enhance a felon’s potential for licensing
    consideration by a State board. (Pen. Code § 4853.)
    • Serve as an official document to demonstrate a felon’s rehabilitation, which could enhance employment possibilities.
    • Serve as an automatic application for a gubernatorial pardon.

    It will not erase the conviction but a pardon will.

    Good luck

    www.losangelesdefenders.com

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