I was charged with a felony in 2003 I believe. the stipulation was that I could have the felony dropped to a misdamenor

Asked over 1 year ago - La Verne, CA

file a motion under section 1203.4 to have it dropped........ how do I move forward with this?

Attorney answers (3)

  1. Carlos Cristobal Ruan

    Contributor Level 6

    2

    Lawyers agree

    Answered . PC 1203.4 is the penal code section for expungements. this is different from reducing your charge from a felony to a misdemeanor. That is penal Code section 17(b). I suggest you hire a knowledgeable criminal defense attorney. I would first review the file to confirm that the 17(b) reduction was part of the deal. the attorney can submit a motion to the court to reduce. Your attorney might file both petition for reduction and for expungement 1203.4 at the same time.

    This answer does not create an attorney client relationship.
  2. Chris J Feasel

    Contributor Level 17

    1

    Lawyer agrees

    Answered . What do you mean? If you've filed the motion and served the DA and the probation department, then you got a court date. Show up and make your case.

    Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing... more
  3. Nadezhda M Habinek

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I have had clients make deals in the past that sound similar to your situation. (Although I can't say for sure because I don't have your facts.) If you have completed your probation term successfully and are not currently on probation or facing new charges, you may be eligible to file a petition with the court to reduce your felony to a misdemeanor, and then expunge the conviction under 1203.4. You should call a criminal defense attorney who is experienced with these kinds of cases. You can also call the public defender's office (La Verne is in Orange County, right? They have a program that deals specifically with reductions and expungements). Or you can file the petition yourself, look at the California Courts website. Print out the forms, fill them out and take them to the clerk's office at the courthouse you were convicted at.

    You can call my office any time. Best of luck.

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