California Felony Reduction Frequently Asked Questions

Will it still show up on my background check?

If your case is reduced but not expunged it will appear as a misdemeanor conviction. If you case is reduced and expunged it will appear as a dismissed misdemeanor.

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Can it still be used against me for a future conviction?

The case can still be used for sentencing purposes in later criminal cases.

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Do I have to disclose it ever?

You can state that the case is a misdemeanor case instead of a conviction. However, if you have the case expunged then you will only have to disclose the conviction in certain circumstances.

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Can I become a schoolteacher, nurse, or other occupation?

Since you will no longer have a felony on your record it will increase your chances of obtaining employment.

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers.

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Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions seem simple, the more information and detail that you provide in your answers the better able we are to argue the case in your favor.

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How long does the process take?

Typically, the case takes about three to five months.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We will work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it is helpful, we would be happy to write a letter to your employer or potential employer to let them know we have reopened the case and are in the process of getting it off your record.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will also post your case information in the case information section so that you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Does it matter if I pled guilty or no contest?

No, it does not matter. We can reduce your felony conviction regardless of what you pled as long as you did not receive a prison sentence for the case, cannot even be a suspended prison sentence, and the actual charge is reducible.

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What are the details of the guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing section for details regarding the payment plans.

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Can I file for the expungement and reduction at the same time?

Yes. If you are eligible for the reduction then we will file for it along with the expungement for no extra charge.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee and we apply that to the total cost of any service that you hire us to perform.

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What is a wobbler?

An offense that is up to the discretion of the judge to sentence as either a felony or misdemeanor is a wobbler. In order to tell you if your felony charge is a wobbler we will need to know the exact penal code section number you were convicted of and the year that you were convicted. If you sign up for felony expungement, during the course of the case research we learn that your offense is a wobbler, then we will file for the reduction at no extra charge.

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What if some of the felony charges in my case are wobblers and some of the felony charges in my case are not wobblers?

Each of the felony charges must be eligible to be reduced in order to have the felony conviction reduced to a misdemeanor.

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What if I did not actual go to state prison but I was given a suspended state prison sentence?

You are not eligible to have your felony case reduced to a misdemeanor unless you did not receive a state prison sentence at all, including suspended prison sentences.

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What if I went to county jail?

If you were sentenced to county jail then you are eligible to file for reduction if the charge is a wobbler. It is being sentenced to state prison, not county jail, that makes you ineligible.

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What if I have multiple cases?

Reductions must be filed and completed per case. Therefore, we charge per case and it does not matter how many counts are in each case. However, if you sign up for multiple cases then we discount the additional cases.

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What happens after my felony conviction is reduced?

You will receive a court order reducing the felony conviction. Criminal record databases will be updated to reflect that your felony was reduced to a misdemeanor.

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How do the agencies know it was granted?

The court will send the granted order to the California Department of Justice. The California Department of Justice will then update their records and the criminal record databases will be updated to reflect that your felony was reduced to a misdemeanor.

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How long does it take for the records to be updated?

The court updates the court records within 48 hours and the California Department of Justice has up to 30 days to update their records. However, the Department of Justice typically updates their records before the 30 days expire.

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What is the main reason that a request to reduce a felony charge to a misdemeanor is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) violating probation and (5) not paying fines.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then we have a money back guarantee for certain services.

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Will it relieve me of the requirement to register?

Reducing the felony to a misdemeanor does not affect registration.

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Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have the same information as the United States. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a felony and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

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Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

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Can I vote after this?

You never lose the right to vote unless you are currently in prison or on parole for a felony. Therefore, if you are eligible for reduction then you already have your voting rights.

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Will it help with immigration?

It can still be viewed and considered when determining your immigration; however, it will appear better and may increase your chances during the immigration proceedings.

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Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

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Will this restore my right to own a firearm?

Possibly. The three most common reasons for a person to lose their right to own or possess a firearm in CA are (1) being convicted of a felony, (2) being convicted of a violent misdemeanor, or (3) being convicted of misdemeanor domestic violence.

(1) If you were convicted of a felony, reduction of your felony to a misdemeanor will restore your right to own a firearm unless you fall under the next two circumstances.

(2) If you were convicted of certain violent misdemeanors then the State of California takes away your right to possess a firearm for ten years. The ten year ban begins on the date of conviction.

(3) If you were convicted of a misdemeanor domestic violence, there is a 10 year prohibition from the state of California. There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. The federal definition is narrower than California's definition, so your domestic violence conviction in might not trigger the federal law.

Expungement in California does not lift the federal prohibition.

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