Can I petition the court again to expunge this case and change my plea from HS 11378

[aspiredOne]

This was in California

Arrested by Whittier PD (in Long Beach) and book 5/29/2009 for:

HS 11378 (psilocybin mushroom) and HS 11359 (it was synthetic snow.. seriously! -_-)

Released from Whittier that day

Booked again in Long Beach for the same charges on 11/19/2009

HS 11359 was dropped because the test showed negative for cocaine or any drug

Request for a reduction to HS 11377 was denied

No previous convictions

------------------------------------------------

Plea to HS 11378 (California)

Received: 3yrs probation, fines, time served 30 days, felony HS 11378

------------------------------------------------

Whittier PD still has arrest listed in system with no conviction

Long Beach and Whittier list the same case number for the charge

Long Beach has been expunged under 1203.4

Still subject to 12021 Gun Rights not restored

------------------------------------------------

Questions:

Can I petition the court again to expunge this case and change my plea from HS 11378 to HS 11377?

What further action can be done to better my situation?

Is there anything you can recommend that would help?

(I already stay out of trouble so please don't say that.. I am married, a college graduate with a little one on the way.. there is no need to be rude!)

It does not matter to me if I have to receive new punishment like attending a PC 1000 class. My ultimate goal is to reduce this felony to a misdemeanor, restore every right I possibly can, and be able to apply for state licensing (I would like to start law school next year). If possible, have the record sealed and destroyed. The state has offered so many others in the past, reductions to lesser crimes and I wonder why I did not receive the same chance, that they did. I have no charges since then. This is my only charge and it hangs over my head like an angry monkey high on the cocaine and meth that they swore I had!

 

[darrenchaker]

Expungement and Record Sealing - Darren Chaker

The short answer is 'yes' and 'no'. As for the case where there was a conviction, there are three ways for a defendant to get a dismissal under section 1203.4: (1) where he �has fulfilled the conditions of probation for the entire period of probation�; (2) where he �has been discharged prior to the termination of the period of probation�; or (3) where �a court, in its discretion and the interests of justice, determines� that he should be granted relief under the statute. Cal. Penal Code � 1203.4(a)(West Supp. 2008). As for the firearm restoration, dismissing the charge should get your gun rights back. I would suggest you get a Firearms Clearance Letter from the California Department of Justice. Now, your question also states you were arrested but not convicted. This cannot be expunged since there was no conviction, however if you can show there was no crime, then you may petition to destroy those records per Cal. Penal Code � 851.8. You also state the two cases appear as the same case number. I would suggest you order your criminal history from the CA DOJ, and dispute any inaccuracies. You are also entitled to a hearing. Cal. Penal Code �� 11120-11127. Of course, it doesn't hurt to ask the local Public Defender for their thoughts or email a few attorneys as well. Best in your efforts! Darren Chaker

 

[CdwJava]

In CA your expungement of a felony under PC 1203.4 would have to specifically restore your firearms rights. Otherwise, the prior felony conviction is still a prohibition under 18 USC 922.

 

[Ohiogal]

This was in California

Arrested by Whittier PD (in Long Beach) and book 5/29/2009 for:

HS 11378 (psilocybin mushroom) and HS 11359 (it was synthetic snow.. seriously! -_-)

Released from Whittier that day

Booked again in Long Beach for the same charges on 11/19/2009

HS 11359 was dropped because the test showed negative for cocaine or any drug

Request for a reduction to HS 11377 was denied

No previous convictions

------------------------------------------------

Plea to HS 11378 (California)

Received: 3yrs probation, fines, time served 30 days, felony HS 11378

------------------------------------------------

Whittier PD still has arrest listed in system with no conviction

Long Beach and Whittier list the same case number for the charge

Long Beach has been expunged under 1203.4

Still subject to 12021 Gun Rights not restored

------------------------------------------------

Questions:

Can I petition the court again to expunge this case and change my plea from HS 11378 to HS 11377?

What further action can be done to better my situation?

Is there anything you can recommend that would help?

(I already stay out of trouble so please don't say that.. I am married, a college graduate with a little one on the way.. there is no need to be rude!)

It does not matter to me if I have to receive new punishment like attending a PC 1000 class. My ultimate goal is to reduce this felony to a misdemeanor, restore every right I possibly can, and be able to apply for state licensing (I would like to start law school next year). If possible, have the record sealed and destroyed. The state has offered so many others in the past, reductions to lesser crimes and I wonder why I did not receive the same chance, that they did. I have no charges since then. This is my only charge and it hangs over my head like an angry monkey high on the cocaine and meth that they swore I had!

Even if you get the stuff expunged, you would still have to tell the bar that you were convicted of a felony and what felony.