QUESTION

Is there any solution or remedy for an aggravation felony?

Asked on Feb 03rd, 2012 on Criminal Law - California
More details to this question:
Is there any solution or remedy for an aggravation felony committed in 1998? Any type of solution?
Report Abuse

7 ANSWERS

Yes. Hire a good lawyer.
Answered on May 30th, 2013 at 9:19 PM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
If the case is still open and pending with a warrant for you arrest because you didn't go to court, or didn't complete probation, then yes, you and your attorney can go to court and handle/defend the charges. If the case is over, convicted and sentences, then: some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, remove or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensing by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.
Answered on Mar 12th, 2012 at 6:10 PM

Report Abuse
Civil Practice Attorney serving Encinitas, CA at Law Offices of Ramona R. Hallam
Update Your Profile
Your question is really too vague to be answered with any specificity. I assume that you are looking at "aggravated felony" for immigration purposes. If that is the case, there is a chance that the charge was not an aggravated felony at the time it was committed. There is a chance also that the charge can be set aside in state court for certain constitutional violations, such as failure to advise of immigration consequences. An experienced attorney can help you with these things and I strongly advise you to obtain counsel. You can probably not do all of this alone. The laws may be complex and you might miss something.
Answered on Feb 22nd, 2012 at 10:37 AM

Report Abuse
If you are trying to expunge it, look at Penal Code Se. 1203.4 (google CA penal code). But this doesn't erase it or white it out. It is just that under the conviction it now says "relief granted under PC 1023.4". Cops know the story and now most prospective employers make you sign a release which allows them to get your rap sheet. Since it is all computerized now, it will haunt you forever.
Answered on Feb 21st, 2012 at 4:33 PM

Report Abuse
Criminal Defense Attorney serving Weaverville, CA at James H. Dippery, Jr.
Update Your Profile
Difficult to answer, because not certain if this is a prior conviction, or just a old case that is still hanging over your head. There is an expungment/rehabilitation process that may be available to you.? Contact an experienced criminal defense attorney (one who has experience in filing expungment and rehabilitation petitions, in your area. If it is an old, unresolved case contact an attorney to get your case on calendar to begin getting it taken care of.
Answered on Feb 21st, 2012 at 1:48 PM

Report Abuse
Daniel Kieth Martin
The answer depends on what you are attempting to accomplish. The term aggravated felony suggest that there are immigration consequences. You should speak with a criminal defense lawyer to discuss this issue.
Answered on Feb 21st, 2012 at 1:05 PM

Report Abuse
I am not sure what you mean by a solution for a 1998 aggregative felony. If you mean is there some sort of expungement that depends on the facts. If you contact me with the facts I will answer your question for you.
Answered on Feb 21st, 2012 at 12:19 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters