CASE SUMMARY
Adaptation note: This story is adapted from similar matters handled by Lingtu Law and its peers. Names, places, dates and amounts have been changed, and the outcomes are presented as scenarios only. They do not reflect that similar cases will reach the same result.
Background
In her early twenties M stored several boxes of electronics at her home for a friend. She sensed the goods were not legitimate but did not ask questions. She was later charged with receiving stolen property and convicted of a felony, and sentenced to probation and community service. She reported on schedule, completed the community service, finished probation without incident, and has since worked in administrative roles. This year she wants to get a real estate brokerage license. The application asks her to disclose convictions, and a felony from ten years ago stood in the way. She does not want to describe the past as a misunderstanding. She says she was too young then and did not know how to say no, and she has carried that lesson for ten years.
Strategy
The offense could have been charged as either a felony or a misdemeanor, and it was charged as a felony. Vacating the record alone was not enough, because the record would still show a prior felony. So we pursued two things together: first, ask the court to reduce the felony to a misdemeanor, then vacate the conviction. In reviewing the file, we found that she had been late to one check-in during her probation. We confirmed that it happened when a job change overlapped with the check-in time, and that she completed the check-in the same day, so it was not counted as a violation. We included this in the application so the prosecutor would not raise it as an issue. We also submitted an employer reference, records of her community volunteer work, and her own written statement, so the judge could see how she had lived over the past ten years. We explained to her that a vacated conviction does not erase the record. Licensing agencies generally cannot deny a license solely on the basis of a vacated conviction, but she should answer the application's questions truthfully under the agency's current requirements and attach the court order where needed.
Case Timeline
| Date | Milestone |
|---|---|
| April 2026 | Retained Lingtu Law; evaluated eligibility for reduction and vacatur |
| May 2026 | Obtained the court file and probation records |
| June 2026 | Filed a motion with the court to reduce the felony to a misdemeanor and to vacate the conviction |
| Mid-September 2026 | Hearing; both motions granted |
Outcome
At the mid-September hearing, the judge granted both motions. The record now shows a vacated misdemeanor, and she then submitted her license application.
