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.