I was convicted of Marijuana around my 19th birthday. I tried to do an expungement but it did not work because they said that my conviction is not a "wobbler". Is there anything I could do? like seal my record? or do an expungement dfferently? I do not have enough money to consult an attorney and I have the time to do it my self. Can someone please provide some sort of guidance or ide of what would be the right way to proceed? thank you
It seems like this was a felony conviction. You really do need to have an attorney to do this for you, if it's that important to you. You can find one that will accept payment plans. Call around and get quotes on this issue. It's really your best bet at getting anything done.
To attempt an expungement of a charge, has nothing to do with it being a "wobbler" or not. As long as you didn't go to state prison, behind a charge, you are eligible for expungement. You can't get a straight felony reduced pursuant to 17b, but that is not expungement. You need to speak to a lawyer who is familiar with this process. Our office has done 100's of expungements over 20 years, so if you want to speak to me, give me a call. I wish you well.................David Wallin
It sounds like that you tried to get the conviction reduced to a misdemeanor and then to get relief pursuant to Penal Code section 1203.4, commonly labeled and "expungment" in California. Unfortunately, the charge you were convicted of cannot be reduced to a misdemeanor so any request to have the felony reduced would have been denied. Secondly, there is no such thing as a true "expungment" of a criminal record if you were an adult at the time and you were not factually innocent of the charge. Also, if an individual is sentenced to state prison for a felony, he or she would not be able to get relief pursuant to PC 1203.4. There are other factors to consider such as if you were given probation, whether there were probation violations, if all fines were paid, etc. You may have time on your hands, but if you want to make sure you have the best chance of cleaning up your record, best to talk to an attorney in your area. You can take a look at http://www.courts.ca.gov/1070.htm for some general information. Good luck!
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