[CA] Should a rap sheet show a misdemeanor after a felony is reduced under 17(b)?

CA Criminal Law

Richard

76,546 satisfied customers

View context

Solved

Based on your situation, there are several legal arguments and considerations in California that could potentially support your case:

(CA Penal Code § 17(b)) in California allows a felony to be reduced to a misdemeanor for all purposes, which means that legally the offense should be treated as a misdemeanor. This reduction can affect your rights and how the conviction is viewed in terms of employment, licensing, and other legal matters.
(CA Penal Code § 1203.4(a)) provides for the expungement of certain convictions, meaning that the conviction is dismissed and you are released from all penalties and disabilities resulting from the offense. However, the record of the conviction may still appear on your rap sheet with a note indicating the expungement.
The discrepancy you are seeing might be due to the way records are updated or maintained by the agency responsible for your rap sheet. It is important to ensure that the records accurately reflect the legal status of your conviction as a misdemeanor.

Let me know if you have any other questions or need clarification on any of these points.

Full Conversation

I had a rap sheet that had multiple burglary felonies on it. I went to court to dispute it, and the court could not produce the information to justify the felony, so they reduced it in California under 17(b) and expunged it under 1203.4. However, my current California rap sheet conviction still shows felony burglary 459, but in the notes it says reduced under 17(b) and expunged under 1203.4.

The 17(b), from my understanding, reduces it to a misdemeanor for all purposes, so my question is: would this not also reflect the conviction status of this rap sheet to now say misdemeanor rather than felony?

Lexi, Chatbot

I understand how concerning it can be to have discrepancies on your rap sheet. Can you confirm if you have received any official documentation regarding the reduction and expungement?

Yes, I have.

Lexi, Chatbot

Have you attempted to contact the court or the agency that maintains your rap sheet to address this issue?

I am not sure if it is an issue, because I do not know for certain whether that rap sheet conviction should say misdemeanor now, or if there is something I am not understanding that allows it to still say felony with the reduction in the notes.

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured, they will be able to help with your felony status.

No.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a discrepancy on your California rap sheet regarding a felony burglary charge that was reduced and expunged. Could you tell me more about any legal steps you've considered or taken so far?

Just a note: this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Have you contacted the California Department of Justice or any other agency to update your rap sheet after the reduction and expungement?

Richard

Based on your situation, there are several legal arguments and considerations in California that could potentially support your case:

(CA Penal Code § 17(b)) in California allows a felony to be reduced to a misdemeanor for all purposes, which means that legally the offense should be treated as a misdemeanor. This reduction can affect your rights and how the conviction is viewed in terms of employment, licensing, and other legal matters.
(CA Penal Code § 1203.4(a)) provides for the expungement of certain convictions, meaning that the conviction is dismissed and you are released from all penalties and disabilities resulting from the offense. However, the record of the conviction may still appear on your rap sheet with a note indicating the expungement.
The discrepancy you are seeing might be due to the way records are updated or maintained by the agency responsible for your rap sheet. It is important to ensure that the records accurately reflect the legal status of your conviction as a misdemeanor.

Let me know if you have any other questions or need clarification on any of these points.

Richard

76,546 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Lawyer, Esquire

Attorney at Law

5.00 (25)

Can threats or fraud concerns affect an online car purchase contract?

Answered 6 hours ago

TJ, Esq.

Attorney

4.66 (22,065)

How can I legally address alleged AI-enabled harassment, organized stalking, and ongoing threats?

Answered 10 hours ago

Phil (Immigration Phil)

Attorney

4.65 (3,631)

Why would custody and booking records show different arrest-related times?

Answered 12 hours ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.