Filling out form 1203.4, few questions.

[Alpha13]

What is the name of your state? California

Some information about my case. When I was a juvenile I was convicted of PC12020, PC211 and accepted a plea bargain of 6 months placement and a strike. No convictions since then. After turning 18 I sent a petition to have my record sealed but it was denied due to the seriousness of the offense (being a 707b offense) After talking to my probation department I found out that state law required them to not recommend my record be sealed, so that is not an option for me.

My remaining options is to file form 1203.4 to have my conviction expunged. I will be doing this myself and have some questions:

Is the case number the "J No" or the "JNET No"?

Under defendant information, one of the spaces listed is "CII:" What is this?

I can not find the date I was convicted, however I have the day I was placed on "Wardship". Does this happen the same day of my conviction?

Can a PC12020, PC211 be reduced a misdemeanor under Penal code section 17?

Do I need to request for a dismissal under section 1203.4 or 1203.4a?



Thank you very much for any help

 

[seniorjudge]

What is the name of your state? California

Some information about my case. When I was a juvenile I was convicted of PC12020, PC211 and accepted a plea bargain of 6 months placement and a strike. No convictions since then. After turning 18 I sent a petition to have my record sealed but it was denied due to the seriousness of the offense (being a 707b offense) After talking to my probation department I found out that state law required them to not recommend my record be sealed, so that is not an option for me.

My remaining options is to file form 1203.4 to have my conviction expunged. I will be doing this myself and have some questions:

Is the case number the "J No" or the "JNET No"?

Under defendant information, one of the spaces listed is "CII:" What is this?

I can not find the date I was convicted, however I have the day I was placed on "Wardship". Does this happen the same day of my conviction?

Can a PC12020, PC211 be reduced a misdemeanor under Penal code section 17?

Do I need to request for a dismissal under section 1203.4 or 1203.4a?



Thank you very much for any help

Ask the person who gave you the form your questions.

 

[CdwJava]

My remaining options is to file form 1203.4 to have my conviction expunged. I will be doing this myself and have some questions:

Slim chance, but I suppose it's worth trying.

First, was your case dropped to a misdemeanor pursuant to PC 17(b)(4)? If not, then the rest is moot.

Step one is to have the charges dropped to misdemeanors by filing a 17(b) petition. PC 12020 and PC 211 are normally felonies.

Is the case number the "J No" or the "JNET No"?

This is probably the Juris Number which is a number at the top of the original charging document ... but, I can't be certain about that.

Under defendant information, one of the spaces listed is "CII:" What is this?

That is a number corresponding to your CORI (or, Criminal Offender Record) file. It would be on your paperwork.

I can not find the date I was convicted, however I have the day I was placed on "Wardship". Does this happen the same day of my conviction?

That's probably it. Since CA Juvenile courts do not terms like "guilt" or "conviction" the documents would indicate that there was a "true finding" of fact as opposed to a conviction.

Can a PC12020, PC211 be reduced a misdemeanor under Penal code section 17?

Can it? Sure. Will it? Not too likely.

Whether it legally can depends on what time you served and where (i.e. how you were sentenced).

Here's a link to the CR-180 for a 17(b) request and a PC 1203.4 and 1203.4a:

http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf

And a link to the CA courts site with good info:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

Be sure to look at the section and links regarding Dismissal as well as reduction and expungement.


- Carl

 

[garrula lingua]

211 = Robbery (taking property from a person by force or violence) strike
12020 = weapons charge

You cannot reduce a strike; you cannot expunge a strike.

Every felon in the state would line up to reduce & expunge strikes(& then there would be NO three-strike problems for felons).

The crime was so serious, violent and vicious, the history can't be erased. Live a good, decent life and show you are a better person, now (hopefully, your victim has gotten over the experience - they would like to expunge their fear and memory)

 

[Alpha13]

211 = Robbery (taking property from a person by force or violence) strike
12020 = weapons charge

You cannot reduce a strike; you cannot expunge a strike.

Every felon in the state would line up to reduce & expunge strikes(& then there would be NO three-strike problems for felons).

The crime was so serious, violent and vicious, the history can't be erased. Live a good, decent life and show you are a better person, now (hopefully, your victim has gotten over the experience - they would like to expunge their fear and memory)

You speak of my crime as if you know what I did. I robbed a bank using a note that said I had a gun. I also had a switchblade on me. Yes it was a serious crime, but you can't convince me that it was violent or vicious. As for the victim (teller), he did not miss a day at work.

I don't care if the strike stays on my record but I want the conviction to be dismissed. If it doesn't work that way I guess you are right and I have bascially ruined my life, but I'm not going to throw in the towel until I've exhausted every effort to fix this.

 

[Alpha13]

Can it? Sure. Will it? Not too likely.

Whether it legally can depends on what time you served and where (i.e. how you were sentenced).

- Carl

I was sentenced as a juvenile after accepting a plea bargain. I served 6 months at a "shock therapy" bootcamp placement in Colusa county.

Thanks for the help

 

[CdwJava]

You speak of my crime as if you know what I did. I robbed a bank using a note that said I had a gun. I also had a switchblade on me. Yes it was a serious crime, but you can't convince me that it was violent or vicious. As for the victim (teller), he did not miss a day at work.

I don't care if the strike stays on my record but I want the conviction to be dismissed. If it doesn't work that way I guess you are right and I have bascially ruined my life, but I'm not going to throw in the towel until I've exhausted every effort to fix this.

I am obviously not as familiar with the expungement process as Garrula Lingua is, so I have to defer to his knowledge as to a strike not being able to be dropped pursuant to 17(b). And there really is no way to keep a strike on your record if they drop thge charge ... so it cannot be dropped, then it stays.

The fact that you were a juvenile when this occurred MIGHT change the picture for you. Your best bet would be to see an attorney about your options. But the link I provided should give you some idea of where to begin.

And I am familiar with the camp that you speak of ... F.S.?

- Carl

 

[garrula lingua]

How old were you ?

Under 16 isn't a strike.

Even if this stays on your 'record', you haven;t necessarily ruined your life.

Just keep adding good things to your 'record'.

Hell, I'd like to expunge law school
and my siblings
and my in-laws

 

[Alpha13]

And I am familiar with the camp that you speak of ... F.S.?

- Carl

Yes that was the camp.

How old were you ?

Under 16 isn't a strike.

Even if this stays on your 'record', you haven;t necessarily ruined your life.

I was 17. I have (or had) plans of becoming a dentist, a career that I woulld have been proud of. Any type of job that is actually open to ex-felons makes me want to throw up.

Isn't there any recourse at all, perhaps a pardon from the governor or president?

 

[GA LYNCH MOB]

Yes that was the camp.



I was 17. I have (or had) plans of becoming a dentist, a career that I woulld have been proud of. Any type of job that is actually open to ex-felons makes me want to throw up.

Isn't there any recourse at all, perhaps a pardon from the governor or president?

You "fried" any possibility of ever becoming a dentist. In fact, I don't think McDonald's Restaurants would hire you. You could be a busboy at some half-way house!

IAAL

 

[seniorjudge]

...I robbed a bank using a note that said I had a gun. I also had a switchblade on me. Yes it was a serious crime, but you can't convince me that it was violent or vicious....

You have VERY STRANGE values....

 

[abaga]

You speak of my crime as if you know what I did. I robbed a bank using a note that said I had a gun. I also had a switchblade on me. Yes it was a serious crime, but you can't convince me that it was violent or vicious. As for the victim (teller), he did not miss a day at work.

I don't care if the strike stays on my record but I want the conviction to be dismissed. If it doesn't work that way I guess you are right and I have bascially ruined my life, but I'm not going to throw in the towel until I've exhausted every effort to fix this.

I can't believe you! You don't think what you did was violent or vicious???? You said you had a gun and you had a knife!

I was robbed by a piece of dirt such as yourself when working in a Bank! No, I didn't miss work, in fact, I went back the next day because I knew if I did not, I would never walk back through the doors of a bank again. However, years later, one of my Tellers was robbed, and it affected me in ways I never imagined it could. All of the fears came flowing back as if I had been robbed myself all over again. I actually had to go in to counseling for a short time after this happened to my employee so I could deal with the feelings again.

So, before you sit behind your computer and type and think that your victim was not injured in any way, shape or form, think again. While you are trying to get your record expunged, your victim is probably going to deal with what you did for the rest of his life in some way...But of course, you are over it and just want to move on....you made your few bucks, bought your drugs or whatever it was you did with the money, served your time in whatever place you served, and now, you want a clean record so you can go on to Dental School and make something of yourself (Oh, maybe you saved the stolen money for dental school).

LIVE WITH WHAT YOU DID AND WITH YOUR RECORD! Deal with it. You should have thought of what you wanted to do with your life before you robbed the bank and hurt others in the process...YES, you did hurt someone, or others in the process, whether you want to believe that or not!

 

[Alpha13]

You have VERY STRANGE values....

I did not have a gun. The switchblade was never shown and I never intended to use it. It was there for deterrance in case I got involoved in a foot chase. You guys may assume whatever you want, but I know that my crime was non-violent and the teller was fine. (how do I know: From what he said to a local paper) I don't even want to respond to the other post with all its asinine assumptions. Whatever you think, I do regret what I did, and I am a changed person.

 

[HomeGuru]

I did not have a gun. The switchblade was never shown and I never intended to use it. It was there for deterrance in case I got involoved in a foot chase. You guys may assume whatever you want, but I know that my crime was non-violent and the teller was fine. (how do I know: From what he said to a local paper) I don't even want to respond to the other post with all its asinine assumptions. Whatever you think, I do regret what I did, and I am a changed person.

**A: how are you a changed person? I heard that line before and look what happened to Tookie.

 

[abaga]

I did not have a gun. The switchblade was never shown and I never intended to use it. It was there for deterrance in case I got involoved in a foot chase. You guys may assume whatever you want, but I know that my crime was non-violent and the teller was fine. (how do I know: From what he said to a local paper) I'm not even going to reply to the other post other than to say I regret enough what I did so I really don't need you to rub in in my face again.

You have no idea! Just saying you had one is enough! It is bad enough to be held up, but to be told you have a gun?!?!? Do you not see anything to this? Do you not have a heart or a soul? I don't think you do. You couldn't possibly have one. Your crime WAS violent! You put someones life in danger just by saying you had a gun! You don't know what could have happened. Someone else could have had a gun in the bank...could have been an undercover officer in the bank, who, by law, may carry a gun in to a Bank. He could have pulled that gun out and shot you, or, anyone else nearby. Use the small brain with which you were born.

Physically, the teller may have been fine...Emotionally and mentally, YOU have no idea! I personally had no idea how I was affected until many years later when one of my employees was robbed by a jerk such as yourself!

I hope you do regret what you've done. Now, instead of trying to get your record expunged so you can go on with life like it never happened, learn from it and grow from it. Try and teach others such as yourself how what you've done gets you no where fast. Don't belittle the crime and say it was nothing. You didn't steal a bicycle from a 10 year old while he was asleep in his bed. That would be non violent. You robbed a bank, said you had a gun, and in fact, had a knife!!! THAT IS VIOLENT! Learn the difference!