Asked over 2 years ago - Van Nuys, CA

My 16 year old son was charged with penal code 11359, for possesion and sale of marijuana. He is now 18, and I have filed an expungement asking the court to reduce the charge to a misdemeanor. He has complied with all of the provisions of his probation and completed a drug program successfully. The day of the hearing the judge said that Pen. Code was not a "wobbler" and therefore denied the petition for expungement. What exactly did he mean? does this mean that this violation cannot be lowered to a misdemeanor and therefore cannot be expunged? please help.

Attorney answers (3)

  1. Chris J Feasel

    Contributor Level 17


    Lawyers agree

    Answered . A "wobbler" is an offence that can be charged as either a misdemeanor or a felony. HS 11359 (which is the sale or transportation of marijuana; 11358 is possession for sale) is not a wobbler - it is a straight felony. Now the judge might have been wrong in that you CAN move for a post conviction dismissal (there is no such thing as expungement in California) without having it reduced to a misdemeanor. The question is - why? As a minor, he can petition to have his record sealed, which is eminently better. Was be being assisted by an attorney? You should go back to that person and get his record sealed.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated... more
  2. Tai Christopher Bogan


    Contributor Level 18


    Lawyer agrees

    Answered . Procedurally you have it all wrong. Hire an a lawyer and be done with it. What you are wanted to do is SEAL the juvenile record. You already made too many mistakes. This process should be of minimal cost.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  3. David Jon Pullman

    Contributor Level 19


    Lawyer agrees

    Answered . It sounds like you are trying to do a lawyer's job without a lawyer and messing things up. All you have to do is petition the court to seal his juvenile record, now that he is 18. Hire a lawyer to do this. Good luck to you.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Dennis James Dressler

How much do I tell my lawyer?

Start by telling your lawyer what you are charged with and when you are due to appear in court. From that point on I suggest that you let your lawyer ask you questions and you answer those... more

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

21,863 answers this week

2,723 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

21,863 answers this week

2,723 attorneys answering