California - Conspiracy to sell cocaine

[Anthony30]

What is the name of your state (only U.S. law)? California

Sentenced to felony probation for PC182(A)(1) [Conspiracy to sell cocaine].
From what I understand, a Conspiracy charge can be a "Wobbler".
Is it possible to get this conviction reduced to a misdemeanor prior to expungement (PC1203.4)?

 

[CdwJava]

What is the name of your state (only U.S. law)? California

Sentenced to felony probation for PC182(A)(1) [Conspiracy to sell cocaine].
From what I understand, a Conspiracy charge can be a "Wobbler".
Is it possible to get this conviction reduced to a misdemeanor prior to expungement (PC1203.4)?

You want it reduced AFTER sentencing?

Uh ... no. When your sentence is served and probation is completed, then you can look at expungment per 1203.4.

 

[Anthony30]

You want it reduced AFTER sentencing?

Uh ... no. When your sentence is served and probation is completed, then you can look at expungment per 1203.4.

I'd be looking for a reduction after completing my sentence (Sheriff's work project and paying all fines), but prior to expungement. My question is if my particular charge is even considered a "wobbler". I've seen information online that indicates that a PC182(A)(1) charge falls under this category. For example:

"Under California law, you have the right to have your felony conviction expunged. If you plead guilty or no contest to a felony your life is not over. The first question we need to ask is can the felony can be reduced to a Misdemeanor?
There are two requirements for a felony conviction in California to be reduced to a misdemeanor. The process is set out in California Penal Code 17(b)3.
First, the charge you plead guilty must be classified as a “wobbler.” Under California law, a wobbler is a crime that can be charged as either a felony or a misdemeanor.
Second, you must be given a probationary sentence. Even if you had to do a year in county jail we can still reduce your case to a misdemeanor. If probation was denied, and you were sentenced to State Prison, then you are not eligible for a reduction to a misdemeanor, or an expungement pursuant to penal code section 1203.4. At this point, in order to get relief your must file for a certificate of rehabilitation and then pardon from the governor."

Thanks in advance.

 

[CdwJava]

Have you been sentenced yet or not? If sentenced as a felony, you will likely have to appeal (if there are grounds) or you will have to await the opportunity to file for expungment per 1203.4.

Here is PC 17(b) ...

(b) When a crime is punishable, in the discretion of the court, by
imprisonment in the state prison or by fine or imprisonment in the
county jail, it is a misdemeanor for all purposes under the following
circumstances:
(1) After a judgment imposing a punishment other than imprisonment
in the state prison.
(2) When the court, upon committing the defendant to the Youth
Authority, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or on
application of the defendant or probation officer thereafter, the
court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that
the offense is a misdemeanor, unless the defendant at the time of his
or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge
the felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor
complaint.​

Did the court so specify? Note that the court must specify the misdemeanor.

Did your attorney make the proper 17(b) motion?

What does your attorney say?

 

[Anthony30]

Have you been sentenced yet or not? If sentenced as a felony, you will likely have to appeal (if there are grounds) or you will have to await the opportunity to file for expungment per 1203.4.

Here is PC 17(b) ...

(b) When a crime is punishable, in the discretion of the court, by
imprisonment in the state prison or by fine or imprisonment in the
county jail, it is a misdemeanor for all purposes under the following
circumstances:
(1) After a judgment imposing a punishment other than imprisonment
in the state prison.
(2) When the court, upon committing the defendant to the Youth
Authority, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or on
application of the defendant or probation officer thereafter, the
court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that
the offense is a misdemeanor, unless the defendant at the time of his
or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge
the felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor
complaint.​

Did the court so specify? Note that the court must specify the misdemeanor.

Did your attorney make the proper 17(b) motion?

What does your attorney say?

Yes sir. I was sentenced in '08 (felony probation). No jail time, but I'm still in the process of completing community service (Sheriff's Work Project). I'll be done with work project in a few months. All my fines will be paid off as well.
The court didn't specify that it could be reduced to a misdemeanor, so it looks like the felony conviction will stick. I have yet to speak to my attorney about this, but will be very soon.

I appreciate your help.

 

[CdwJava]

PC 1203.4 is the process by which you can get it expunged.

Check this site for a more info on the process:

California Courts: Self-Help Center: More Topics: Criminal Law: Clean Up Your Criminal Record