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Old 04-14-2009, 4:18 AM
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edwardm edwardm is offline
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I'm not surprised that you can't get accurate and valid information from attorneys about 17(b) reductions and their effects on wobbler convictions. As I've stated before, for some reason many attorneys confused 1203.4 *expungements* with 17(b)-based *reductions* (technically it's a declaration by the court that the offense is thereafter a misdemeanor for "all purposes".)

17(b) reduces an offense to a misdemeanor and if the resulting misdemeanor is not a prohibiting offense on either the State or Federal levels, you're good to go.

Another problem that comes up is Cal DOJ either never receives the updated conviction disposition from the county court, or Cal DOJ gets the information, but never (or inaccurately) updates your record in the Automated Criminal History System.

Either way, you're wasting money away hiring big guns at the outset, even if the PFEC comes back negative. And ordering a PFEC is NOT the right/best way to start this process, for the record.

FIRST, you order a copy of your criminal history and make sure everything is current and updated, shows the 17(b), etc. THEN you file your PFEC and see what happens. It's quite possible your offense was not actually ever reduced, merely expunged and you'll see a 1203.4 entry, but not a 17(b) entry.

I'm so tired of lawyer FUD about 17(b), 1203.4, etc.

Originally Posted by hierro View Post
egnilk66, I have spoken with them over the phone. They are the ones that convinced me that my original attorney is full of a substance coming out of the southfacing end of a northbound bull. If I need to hire an attorney after getting back my pfec, I will be hiring them even though I am in Northern California.

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