Legal Question in Criminal Law in California

Re: reducing a felony to a midermeaner

If you have been sentenced to prison, completed parole suggests you have, then the conviction cannot be reduced to a misdemeanor. Check California penal Code section 17 for more information.

Re: reducing a felony to a midermeaner

Not if you served prison time. If you did not, then you may be able to apply to get it expunged. Contact me if interested.

Re: reducing a felony to a midermeaner

Thank you for your posting and your inquiry.

You may be eligible to bring a motion before the court to reduce your case from a felony to a misdemeanor, and then get the misdemeanor expunged, if your original charge could have been charged as a misdemeanor or a felony (known as a

"wobbler" crime.

There are over a hundred cases that can be classified as either a felony or a misdemeanor, so you'll want to check your original conviction, since that will be important.

You must also have been classified as an adult when the offense was committed.

You can not have received prison time and you must have had probation as part of your sentence.

Your probation must have ended and all the conditions of your sentence fulfilled, AND there can be no other criminal activities that will or may disqualify you from getting this relief.

The most common "Wobbler: Crimes are Penal Code sections:12025b(5-6);148.1a;182(4);192c,1,3; 236;243.3; 243c; 243d; 243.4; 245a; 246; 266; 278; 273a; 273.5; 280; 288c; 261.5; 4550(2); 452; 459; 470; 484f; 476a; 484g; 487; 475; 496; 503; 532; 537a2; 594b; Health and Safety Codes: 11357a; 11363 ; 11366; 11368; Vehicle Codes: 10851; and 20001.

If your crime was not classified as a wobbler at the time of commission then you can not use this remedy. For non wobbler felon cases you can apply for a Certificate of Rehabilitation, but you have to have led a crime free life for at least 10 years.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.