Tag: expungement

How to Reduce Felony Conviction to a Misdemeanor

California Penal Code section 17b gives Courts and Prosecutors the power to reduce a Felony Conviction to a Misdemeanor at ANY TIME before or after you are convicted.  Reducing your felony conviction to a misdemeanor allows you to truthfully say you were never convicted of a felony.  It also increases the chances of having the court expunge your conviction.

Society takes felony convictions very seriously.  Whether you are applying for a job, a certain type of license through the state, or facing new criminal charges, having a felony conviction on your record will only make things worse. 

Frequently Asked Questions

How Does Penal Code 17d Reduce My Felony Conviction to a Misdemeanor?

According to Penal Code 17d, “A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when:

(1) The prosecutor files a complaint charging the offense as an infraction, or;

(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

How Do I Know I Am Eligible to Reduce My Misdemeanor Conviction to an Infraction?

Penal Code 17d refers to a list found in Penal Code 19.8, which lists the following crimes as Misdemeanors that can be Reduced to an Infraction:

  • Penal Code 193.8 – Habitual Traffic Offender
  • Penal Code 330 – Gaming Without a License
  • Penal Code 415 – Disturbing the Peace
  • Penal Code 485 – Theft or Appropriation of Lost Property
  • Penal Code 490.7 – Unauthorized Taking of Newspapers
  • Penal Code 532 – Claiming as a Decorated Veteran With Intent to Defraud
  • Penal Code 555 – Entering or Remaining on Posted Property Without Permission
  • Penal Code 602.13 – Entering an Animal Enclosure Without Permission
  • Penal Code 602(n) – Trespassing on Property With Vehicle
  • Penal Code 853.7 – Willful Violation of Written Promise to Appear

In 2010, the LAPD received an internal memo from the City to no longer charge these crimes as misdemeanors, and that if the police officer insisted to do so he must provide an extensive narrative explaining special circumstances as to why it should not be an infraction. The total number of misdemeanors is 91, and below is a partial list of some of those misdemeanors.

  • Business and Professions Code 21672 – Knowingly selling unlicensed or counterfeit sports trading cards
  • Business and Professions Code 25658(b) – Minor under 21 purchasing or consuming alcohol
  • Business and Professions Code 25658.5 – Furnishing alcohol to minors
  • Business and Professions Code 25611 – Advertisement of Alcohol Signs
  • Business and Professions Code 25662 – Possession of Alcohol by a Minor
  • Government Code 27204 – Attempting to Record an Un-recordable Form
  • Vehicle Code 12500 – Driving without a license
  • Vehicle Code 14601.1 – Driving on a Suspended License
  • Vehicle Code 23109(c) – Exhibition of Speed
  • Vehicle Code 27150.1 – Sale of Exhaust Systems
  • Vehicle Code 40508 – Violation of Promise to Appear or Promise to Pay Fine
  • Vehicle Code 42005 – Failing to Obey Court Ordered Traffic School

What if I am Still on Probation? Can I Reduce My Misdemeanor Conviction to an Infraction?

Yes you can.  Penal Code 17d allows Judges and Prosecutors discretion to Reduce a Misdemeanor Conviction to an Infraction any time before, during, or after conviction.  However, because it is at his or her discretion, you need to provide a very good argument to have your motion granted. They don’t just hand it out to anyone. 

It can be done, if you are currently on probation for your misdemeanor conviction please read How Can I Terminate My Probation Early? for more information. 

How Do I Benefit When I Reduce My Misdemeanor to an Infraction?

A reduction to an infraction de-criminalizes your conviction.  This means you will not have a criminal record containing any misdemeanors or felonies.  The infraction will still show up on your state criminal background check, but they will not show up in the U.S. Department of Justice criminal records.  Employers and State Licensing Agencies will also look at infractions more leniently than misdemeanors.  If you are in the military, you know very well that having a misdemeanor on your record would be disastrous to your career.

The benefits are clear and abundant. 

Can Someone Help Me Reduce My Misdemeanor Conviction to an Infraction?

Yes, you do not have to do this alone. 

Reduce Felony Conviction to Misdemeanor

How to Reduce My Felony Conviction to a Misdemeanor

California Penal Code section 17b gives Courts and Prosecutors the power to reduce a Felony Conviction to a Misdemeanor at ANY TIME before or after you are convicted.  Reducing your felony conviction to a misdemeanor allows you to truthfully say you were never convicted of a felony.  It also increases the chances of having the court expunge your conviction.

Society takes felony convictions very seriously.  Whether you are applying for a job, a certain type of license through the state, or facing new criminal charges, having a felony conviction on your record will only make things worse. 

arrest record

Frequently Asked Questions

How Does Penal Code 17b Reduce My Felony Conviction to a Misdemeanor?

According to Penal Code 17b, “When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:   

(1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.   

(2) When the court, upon committing the defendant to the Division of Juvenile Justice, designates the offense to be a misdemeanor.   

(3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.   

(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint.   

(5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.

How Do I Know I Am Eligible to Reduce My Felony Conviction to a Misdemeanor?

Penal Code 17b basically says that the District Attorney and Judges can Reduce Your Felony to a Misdemeanor at any time before, during, or after your conviction.  If you have a misdemeanor, there is also a chance you can reduce it to an Infraction.  Please read How To Reduce My Misdemeanor to an Infraction for more information.

There are two Basic Requirements to reduce your felony to a misdemeanor:

  • Your felony must be a “Wobbler”
  • You must have been granted probation when you were convicted

A Wobbler is a special type of felony that can be reduced to a misdemeanor.  The bad news about Wobblers is that not all felonies are Wobblers, but the good news is that most are.  So there is a good chance that your felony can be reduced to a misdemeanor. Please read List of California Felony Wobblers to see if your felony conviction is eligible for reduction to a misdemeanor.

If you were not granted formal or summary probation for your conviction, then chances are you cannot reduce your felony to a misdemeanor.  In other words, if you had to serve time in county jail or state prison, instead of having that sentence “stayed” by placing you on probation, your chances of reducing your felony conviction to a misdemeanor pursuant to Penal Code 17b are drastically reduced. Talking to an attorney is the best way to determine where you stand in your specific situation.

What if I am Still on Probation? Can I Reduce My Felony Conviction to a Misdemeanor?

Yes you can.  Penal Code 17b allows Judges and Prosecutors discretion to Reduce a Felony Conviction to a Misdemeanor any time before, during, or after conviction.  However, because it is at his or her discretion, you need to provide a very good argument to have your motion granted. They don’t just hand it out to anyone. 

Furthermore, your best chances of having your petition granted is when your probation has expired.. 

It can be done, if you are currently on probation for your felony conviction please read How Can I Terminate My Probation Early? for more information. 

How Do I Benefit When I Reduce My Felony Conviction to a Misdemeanor?

There are many benefits to Reducing Your Felony to a Misdemeanor. 

  • For starters, misdemeanors stand a much better chance when you are seeking to expunge your record.  For more information, please read How Do I Expunge My Misdemeanor Conviction?
  • If you reduce your felony to a misdemeanor, you can honestly say you were never convicted of a felony, and future employers cannot use that against you. 
  • You cannot serve on a jury as a convicted felon, but if you reduce your felony to a misdemeanor, you can reclaim that privilege.
  • A Felony Conviction results in a Lifetime Ban on Firearms.  Reducing your felony to a misdemeanor opens the door for more dialogue between the court and your attorney on getting your Gun Rights restored.
  • You can obtain or maintain a professional license such as a Nursing License, Contractor’s License, Real Estate/Broker License, Engineering, etc.
  • You can have peace of mind knowing you were never convicted of a felony

What Penalties Remain Even If I Reduce My Felony Conviction to a Misdemeanor?

Reducing your Felony to a Misdemeanor brings a lot of benefits, but there are some penalties that still carry over no matter what. 

  • If your felony was a strike (serious or violent felony), it will still be used against you a strike prior if you are arrested and charged for a future offense.   With that said, your Reduced Felony cannot be used as a “prior felony” against you in the future.
  • If you have an immigration matter or other issue with the U.S. Federal Court, your conviction can still be viewed as a felony even though it was reduced in State Court to a misdemeanor.
  • State Licensing agencies may still consider your reduced misdemeanor to be a felony.
  • If you were required to register as a sex offender pursuant to Penal Code 290, a reduction will not excuse from you.

What Does The Court Consider When Making Its Decision To Reduce My Felony to a Misdemeanor?

The Court considers the following factors when deciding whether to grant your petition to Reduce Your Felony to a Misdemeanor:

  • The type of offense you were convicted of
  • Whether you complied with the terms of your probation
  • Whether you have any other priors in your criminal history
  • Whether or not you were experiencing any hardship at the time
  • Whether or not you have turned your life around and can prove it
  • The specific facts of the case involving your conviction
  • Whether or not you have shown clear signs of successful rehabilitation
  • Whether or not having a felony instead of a misdemeanor will result in unfair, unnecessary, or excessive punishment.