Post-Conviction Relief for Immigrants



 
 

§ 7.122 1. Basic Requirements

 
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The basic requirements for this reduction are as follows:

 

(a)     The conviction must be for an alternative felony-misdemeanor, or “wobbler,” i.e., a crime for which the statute defining offense specifies a punishment of state prison with an additional alternative of county jail or a fine;

 

(b)    The sentencing court must grant probation without imposition of sentence; and

 

(c)     The judge must then or thereafter declare the offense to be a misdemeanor.

 

 

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