Reducing felony convictions to misdemeanors – California Penal Code 17(b) PC

The judicial relief of reducing a felony conviction to a misdemeanor offers several benefits. Some of the most common include:

(a) being able to say honestly that you have never been convicted of a felony (which is important for job, housing, and loan applications),

(b) obtaining or maintaining professional licenses,

(c) regaining the right to serve on a jury,

(d) restoring your gun rights

California Penal Code 17(b) lays out what makes a felony conviction eligible for a reduction to a misdemeanor. California Penal Code 17(b) establishes two requirements for reducing a felony conviction to a misdemeanor: (1) the underlying offense must be a wobbler, and (2) probation must have been granted.

Under California law, a "wobbler" is an offense that can be charged and punished as either a felony or a misdemeanor. Only felonies that are classified as wobblers may be reduced to misdemeanors. Straight felonies (ones which can only be prosecuted as felonies) are therefore not eligible for a misdemeanor reduction.

The second requirement is that you must have been granted probation in connection with your felony conviction. If the court denied probation (or you violated your probation), and you were sentenced to serve time in the California State Prison, you are likely not eligible for a reduction^. Note: serving time in a county jail is okay and does not affect your eligibility.

If you’re currently on felony probation or have a felony conviction on your criminal record an experienced expungement attorney can petition the court to reduce your felony conviction to a misdemeanor. Contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 40 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 to find out more about how we can help.