January 10, 2013 By Wallin & Klarich

California PC 245 (a) 1 in California is generally known as assault with a deadly weapon and can be a misdemeanor or a felony. If you were previously convicted of Penal Code 245(a) 1 in Riverside there may be a number of legal avenues open for you to “clean up” your record.

The following factors will have an impact on whether you can clean up your conviction:

• Whether probation was granted • If you were sentenced to state prison • Whether you are still on probation • Whether the conviction was for a misdemeanor or felony

If Probation was Granted

If probation was granted after your PC 245(a) 1 conviction, you would be eligible to expunge the conviction pursuant to Penal Code 1203.4. If granted by the judge, a 1203.4 motion will allow you to withdraw your guilty plea and have a “not guilty” plea entered in its place and to have your case dismissed. If you were sentenced to state prison, unfortunately you are not eligible to have your case expunged and you are “stuck” with the conviction. You still may be eligible for relief via a certificate of rehabilitation or a governor’s pardon.

If You are Still on Probation

If you are still on probation, you can petition the court to terminate probation early by filing a motion pursuant to penal code 1203.3. If granted, you can petition the court for an expungement. If the court denies your 1203.3 motion, you can wait until probation expires to try to expunge your case.

PC 245(a) 1 charged as a Felony or Misdemeanor

If you were convicted of a felony, you can file a motion to reduce the felony to a misdemeanor pursuant to penal code 17(b). A criminal conviction for penal code 245 can impact many aspects of a person’s life including reputation and prospects for employment. If you or a loved one is looking to clean up their criminal record, contact the experienced and knowledgeable attorneys at Wallin & Klarich at 888-280-6839. We have offices in Los Angeles, San Bernardino, Ventura, Riverside and Orange County. Call us today, we will get through this together.

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