Felony Expungement & Reduction FAQ

A felony reduction under California Penal Code Section 17(b) is a legal process that allows certain felony convictions to be reduced to misdemeanors. This applies specifically to "wobbler" offenses, which are crimes that can be charged as either a felony or a misdemeanor depending on the circumstances and the prosecutor's discretion. Under PC 17(b), if you were convicted of a wobbler felony and granted probation, you can petition the court to reduce the conviction to a misdemeanor.

The court has discretion to grant the reduction based on various factors including the nature of the offense, your criminal history, performance on probation, and your current circumstances. Reducing a felony to a misdemeanor provides substantial benefits, including potential restoration of certain rights, reduced stigma, and improved employment prospects. Once reduced, the conviction is treated as a misdemeanor for all purposes going forward, and you can then petition for expungement under PC 1203.4. This two-step process (reduction followed by expungement) provides the maximum post-conviction relief available for many felony convictions in California.

Proposition 47, enacted by California voters in 2014 and codified in Penal Code Section 1170.18, reclassified certain non-violent felony offenses as misdemeanors. The law applies retroactively, meaning individuals previously convicted of qualifying felonies can petition to have them redesignated as misdemeanors. Qualifying offenses include: shoplifting (theft of property valued at $950 or less), grand theft where the value does not exceed $950, receiving stolen property valued at $950 or less, writing bad checks totaling $950 or less, check fraud not exceeding $950, and simple drug possession (Health & Safety Code Sections 11350, 11357, 11377).

To be eligible for Prop 47 reduction, you must have been convicted of one of these specified offenses, the offense must not have involved theft or fraud exceeding $950 in value, and you cannot have certain serious prior convictions including murder, rape, gross vehicular manslaughter while intoxicated, or sex offenses requiring registration under PC 290. You also cannot be a registered sex offender. Unlike PC 17(b) reductions, Prop 47 relief is generally granted as a matter of right if you meet the eligibility criteria, giving courts less discretion to deny petitions.

Wobbler offenses in California are crimes that can be charged and punished as either a felony or a misdemeanor, depending on the circumstances of the offense, the defendant's criminal history, and the prosecutor's discretion. Common wobbler offenses include assault with a deadly weapon (PC 245(a)(1)), domestic battery causing corporal injury (PC 273.5), burglary of a commercial property (PC 459), grand theft (PC 487), forgery (PC 470), vandalism causing damage over $400 (PC 594), and spousal rape (PC 262).

The determination of whether a wobbler is charged as a felony or misdemeanor initially rests with the prosecutor, who considers factors such as the severity of the offense, whether anyone was injured, the amount of loss or damage, and the defendant's prior criminal record. Even if charged as a felony, wobblers can potentially be reduced to misdemeanors at several stages: at sentencing if probation is granted under PC 17(b)(1), after successful completion of probation under PC 17(b)(3), or if probation is later terminated early under PC 1203.3. The ability to reduce a wobbler felony to a misdemeanor makes these offenses particularly important in the context of post-conviction relief, as reduction opens the door to expungement and restoration of various rights.

Traditionally, serving time in California state prison for a felony conviction made you ineligible for reduction under PC 17(b), as that statute specifically applies to individuals granted probation. However, California's criminal justice realignment under AB 109, enacted in 2011, changed sentencing for certain non-violent, non-serious, non-sex offenses so they are now served in county jail rather than state prison under PC 1170(h). If you were convicted of a wobbler felony and sentenced under PC 1170(h) to county jail (rather than state prison), you may still be eligible for felony reduction even though you did not receive probation.

The court can exercise its discretion to reduce the felony to a misdemeanor under PC 17(b) after you complete your sentence. Additionally, some individuals who served state prison time for offenses that now qualify under Proposition 47 may petition for redesignation to a misdemeanor under PC 1170.18, even if they completed their sentence. This is an exception to the general rule that state prison time precludes reduction. For traditional straight felonies where you served state prison time, reduction is generally not available, though other forms of relief such as a Certificate of Rehabilitation or Governor's Pardon may be pursued.

Reducing a felony to a misdemeanor in California provides numerous significant benefits. First, it substantially improves employment prospects, as many employers conduct background checks and are more willing to hire individuals with misdemeanor rather than felony convictions. Second, for California residents, reducing certain felonies to misdemeanors restores the right to own and possess firearms, though federal restrictions may still apply depending on the offense. Third, professional licensing boards are generally more lenient toward misdemeanor convictions when considering applications for licenses in fields such as healthcare, real estate, and other regulated professions.

Fourth, reduction removes the stigma associated with being a convicted felon, which can affect housing opportunities, educational prospects, and social relationships. Fifth, once reduced to a misdemeanor, you can then petition for expungement under PC 1203.4, providing even greater relief. Sixth, for non-citizens, reducing a felony to a misdemeanor may help avoid or mitigate adverse immigration consequences, though the underlying conduct may still be considered by immigration authorities. Seventh, a misdemeanor conviction carries less severe consequences if you are convicted of future offenses, as felony priors can result in sentencing enhancements, while misdemeanor priors generally carry lesser consequences.

Petitioning for felony reduction under PC 17(b) involves several important steps. First, verify that your conviction qualifies as a wobbler offense, meaning the statute under which you were convicted allows for punishment as either a felony or misdemeanor. Second, confirm you meet eligibility requirements: you were granted probation (formal or informal) for the felony or were sentenced under PC 1170(h) to county jail. Third, obtain certified copies of your case records from the court where you were convicted to verify the details of your conviction and sentence.

Fourth, prepare and file a Petition for Reduction of Felony to Misdemeanor, typically using Form CR-180 or similar court-specific forms, along with a supporting declaration explaining why reduction is warranted. Include evidence of rehabilitation such as completion of education, stable employment, community involvement, letters of recommendation, and any other factors demonstrating you deserve relief. Fifth, file the petition with the criminal division of the superior court where you were convicted and pay the filing fee, or request a fee waiver if you qualify. Sixth, the prosecutor will be served with your petition and may file an opposition. Seventh, attend the hearing if one is scheduled. The judge will consider factors including the nature and circumstances of the offense, your criminal history, performance on probation, current circumstances, and whether granting the reduction would pose a risk to public safety.

Yes, in many cases you can petition for expungement of a felony conviction under PC 1203.4 without first reducing it to a misdemeanor, as long as you meet the eligibility requirements. If you were convicted of a felony and granted probation (rather than sentenced to state prison), successfully completed all terms of probation, and are not currently facing charges or serving a sentence for any offense, you can petition directly for expungement of the felony under PC 1203.4.

However, there are significant strategic advantages to pursuing felony reduction before expungement when possible. Reducing a felony to a misdemeanor under PC 17(b) first, then expunging the misdemeanor, provides maximum benefits including potential firearm rights restoration, reduced immigration consequences, improved professional licensing opportunities, and elimination of the felony designation entirely. If you expunge a felony without first reducing it, the record will show a "dismissed felony" rather than a "dismissed misdemeanor," and you will still face many of the disabilities associated with felony status. For wobbler offenses, the recommended approach is typically to petition for reduction under PC 17(b) first, and once granted, immediately petition for expungement under PC 1203.4.

PC 17(b) and Proposition 47 are two distinct mechanisms for reducing felonies to misdemeanors in California, each with different eligibility criteria and procedures. PC 17(b) applies to wobbler offenses, which are crimes that can be charged as either felonies or misdemeanors based on statutory authority. It requires that you were granted probation or sentenced under PC 1170(h), and gives the court discretion to grant or deny the reduction based on various factors. PC 17(b) can be sought at sentencing, after completion of probation, or after early termination of probation.

In contrast, Proposition 47 (PC 1170.18) applies only to specific enumerated offenses, primarily certain theft and drug possession crimes where the loss does not exceed $950. Prop 47 relief is generally granted as a matter of right if you meet the eligibility criteria, giving courts much less discretion to deny petitions. You can petition for Prop 47 relief even if you completed your sentence years ago, were not granted probation, or even served time in state prison, making it available to a broader group of individuals. Prop 47 also has specific disqualifying prior convictions that don't apply to PC 17(b). Strategically, if your offense qualifies under both provisions, you might choose the path that best suits your circumstances.

Reducing a felony to a misdemeanor may restore California gun rights, but the analysis is complex and depends on several factors. Under California law, individuals convicted of any felony are prohibited from owning or possessing firearms under Penal Code Section 29800. If you successfully reduce a wobbler felony to a misdemeanor under PC 17(b) and then obtain an expungement under PC 1203.4, California law treats the conviction as a misdemeanor for all purposes going forward. For most reduced and expunged convictions, this restores your California right to possess firearms, provided the underlying misdemeanor does not independently prohibit firearm possession.

However, federal law under 18 U.S.C. Section 922(g) contains separate firearm prohibitions that may still apply even after state-level reduction and expungement. Federal courts have held that state reduction of a felony to a misdemeanor generally eliminates federal firearm disabilities, but this depends on the specific circumstances and whether the offense carried a potential punishment of more than two years. For domestic violence convictions, even if reduced to misdemeanors, federal law imposes a lifetime firearm ban under the Lautenberg Amendment. Given the complexity and severe criminal penalties for unlawful firearm possession, consulting with an attorney who specializes in gun rights restoration is essential.

The timeline for felony reduction in California varies depending on the specific type of petition, the county where you're filing, court scheduling, and whether the prosecution opposes your petition. For PC 17(b) reduction petitions, the process typically takes between two to five months from filing to final decision. After filing your petition, the court will schedule a hearing, usually within 30 to 90 days, though some busy courts may have longer delays. If the prosecutor does not oppose your petition and the court grants it without requiring extensive argument, some cases are resolved at the first hearing.

For Proposition 47 petitions under PC 1170.18, the process is often faster because courts have less discretion to deny qualifying petitions. Some counties have streamlined Prop 47 procedures, and uncontested petitions may be granted within 30 to 60 days. In some jurisdictions, if the prosecutor does not oppose within the statutory time period, the petition may be automatically granted. After the reduction is granted, you can immediately file for expungement under PC 1203.4, which adds another two to four months to the overall timeline. Planning ahead and having all documentation properly prepared can help expedite the process.