Legal Question in Real Estate Law in California

Re: law on reduced felonies

If the felonies are what are referred to as wobblers, and the sentence is the equivalent to a misdemeanor, upon completion of probation it can be reduced to misdemeanor under penal code section 17. This code section states that it is then a misdemeanor for all purposes.

Re: law on reduced felonies

The benefit of having felonies reduced to misdemeanors has some limitations. When you apply for a California real estate license, you still must disclose them as felony convictions.

Re: law on reduced felonies

There are at least two provisions in the Penal Code for expungement of convictions or reduction of the crime from felony to misdemeanor or misdemeanor to infraction. Years ago, I used to do these while a law clerk in the public defender's office.

One section I've located is PC 1203.4 which is an expungement provision for folks who got probation instead of hard time and met all the requirements of probation. It still requires you to acknowledge the conviction in response to a direct question when applying for a state license of any kind.

I cannot remember the code citations for the other provisions like getting a wobbler reduced after serving the time. My hunch is it would still be necessary to reveal the conviction as a felony in response to a direct question on a written questionnaire.

The bigger question may be whether your offenses could be reduced at all. As I understand it, a post-sentence reduction in grade is possibly only whee the original crime could have been charged as a misdemeanor in the discretion of the prosecutor; in other words, it would have to be a wobbler.

Also, for someone with three felonies, even if they all arose out of the same incident, has a pretty low chance of getting them all reduced. The original DA's office always gets a chance to oppose these applications.

My suggestion is to call on the Public Defender's office in the county where you were convicted. If you qualify for PD assistance based on income, they have an obligation to assist you, even if it's just to tell you, after an interview and checking your record, that your chances are slim.