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11359 h&s dismissal

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aclark17

Member
CA
I was convicted of 11359 H&S possesion of marijuana for sale about 5 years ago and have succesfully completed my probation. I was filed petitions for dismissal twice with the clerks office and DA. I recieved a letter back saying the charge is irreducible and the dismissal was denied. I came across somthing that said the charge cannot be reduced but can be expunged. Is this an error in my paper work? Did I check the wrong box. I checked the box to have it reduced then dismissed.
 


dave33

Senior Member
I am not sure about your state, but I do know you are not looking for a reduction or dismissal. It would seem at this point if Ca will let you expunge a felony that would be the way to go. The sentence has been completed, so to reduce the five to say three would not make sense. That would not change your situation. Also, a dismissal would not happen because you were found guilty or plead guilty. I think the paper you got back gave you all the information you need. goodluck.
 

CdwJava

Senior Member
CA
I was convicted of 11359 H&S possesion of marijuana for sale about 5 years ago and have succesfully completed my probation. I was filed petitions for dismissal twice with the clerks office and DA. I recieved a letter back saying the charge is irreducible and the dismissal was denied. I came across somthing that said the charge cannot be reduced but can be expunged. Is this an error in my paper work? Did I check the wrong box. I checked the box to have it reduced then dismissed.
The court does not have to approve your expungement.

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

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