Reducing a Felony Conviction to a Misdemeanor 

For many people convicted of a felony in California, the end of probation should not be the end of the story. California law allows certain felony convictions to be reduced to misdemeanors and then dismissed from one’s record. It is an option that can dramatically improve employment opportunities, professional licensing, and peace of mind.

Two of the most powerful post-conviction tools available in California are felony reduction under Penal Code § 17(b) and then expungement under Penal Code § 1203.4. When used correctly, they can transform a permanent criminal record into something far less damaging. See, e.g., People v. Park (2013) 56 Cal.4th 782 (felony reduction to misdemeanor and expungement prohibits a conviction from being used to enhance penalties in a future criminal matter); People v. Lee (2017) 16 Cal.App.5th 861 (the court retains discretion to reduce prior wobbler convictions even if they were admitted as felony convictions by a defendant at sentencing on a new matter).

Those with felony convictions should consult with an attorney to know when this option is available and how the process typically unfolds in San Francisco Bay Area courts.  

What Is a “Wobbler” Offense?

Not all felonies are eligible to be reduced to misdemeanors under Penal Code § 17(b). The key category is known as a “wobbler.”

A wobbler is an offense that can legally be charged or punished either as a felony or a misdemeanor. These crimes give courts the authority to reduce the conviction to a misdemeanor in certain circumstances.

Examples of common wobblers include offenses such as:

• Certain theft offenses, including Grand Theft (Penal Code § 487), Identity Theft (Penal Code § 530.5); Organized Retail Theft, (Penal Code § 490.4), Second-Degree Burglary (Penal Code § 459), and Receiving or Possessing Stolen Property (Penal Code § 496);
• Fraud and financial crimes, including Money Laundering (Penal Code § 186.10), Embezzlement (Penal Code § 503), Forgery (Penal Code § 470), False Statements for Loan, Credit, or Service (Penal Code § 532a), and Benefit Fraud (Penal Code § 72);
• Certain assault offenses, including Criminal Threats (Penal Code § 422), Assault with Force Likely GBI (Penal Code § 245(a)(4)), and Domestic Violence Assault (Penal Code § 273.5)

Whether a conviction qualifies as a wobbler depends on the statute defining the offense, and consulting attorney is often necessary to determine the factual circumstances and any enhancements, allegations, or aggravators that may prohibit or make a reduction less likely.

What is a “Felony Reduction” Under Penal Code § 17(b)

Penal Code § 17(b) allows a court to reduce felony conviction to a misdemeanor when the defendant has successfully completed probation.

If granted, the conviction is legally treated as a misdemeanor “for all purposes,” with limited exceptions. This change may have major practical consequences, including:

• Reducing the stigma of a felony record
• Improving employment and housing prospects
• Restoring eligibility for certain professional licenses

Courts throughout California, and particularly within the San Francisco Bay Area, evaluate several factors when deciding whether to grant a reduction at the end of a defendant’s probation, including:

• Successful completion of probation
• Compliance with court orders and payment toward restitution
• The nature and seriousness of the offense
• The defendant’s conduct since the conviction
• Evidence of rehabilitation

Judges have broad discretion, and a well-prepared motion can make a significant difference. Defendants often find it useful to prepare a plan following conviction and best position themselves for this remarkable opportunity. 

A felony reduction is most commonly requested after successful completion of probation, though in some cases courts may grant the request earlier if probation is terminated early. See article on Early Termination of Probation. In many Bay Area courts, these motions are handled through written filings and a short hearing before the judge who handled the case or another judge assigned to the department. Proper notice is required. 

What is an “Expungement” Under Penal Code § 1203.4

After a conviction has been reduced to a misdemeanor, the next step is often an expungement under Penal Code § 1203.4. 

An expungement does not erase the conviction completely. Instead, it allows the court to:

• Withdraw the prior no-contest or guilty plea, or verdict;
• Enter a not-guilty plea; and
• Dismiss the case.

This remedy can provide meaningful relief for people trying to rebuild their lives after a criminal case. Expungement is intended to reward an individual after a successful completion of probation by mitigating certain consequences of a criminal conviction in an effort to restore a person to his or her former status in society. Selby v. Dep’t of Motor Vehicles (1980) 110 Cal.App.3d 470.

Expungement is generally available when a person has successfully completed probation or received early termination of probation. Although it can be done as early as at the time of sentencing where the trial court has discretion to reduce to a misdemeanor. People v. Dryden (2021) 60 Cal.App.5th 1007, 1027. Or, it can even be petitioned after probation has expired. Meyer v. Superior Ct. In & For Sacramento Cnty. (1966) 247 Cal.App.2d 133. 

In pursuing expungement, it is important to note the importance of the following factors: fines and restitution were paid, all court-ordered programs were completed; and no new offenses or arrests.  The failure to complete the payment of victim restitution alone does not prevent expungement because victim restitution continues even after the termination of probation. People v. Seymour (2015) 239 Cal.App.4th 1418.

Also note that some convictions are not eligible for expungement, particularly certain serious offenses and cases involving state prison sentences. Many misdemeanor crimes and probation-based felony convictions do qualify, however.

Expungement Benefits

Expungement provides real benefits, but it is not a complete erasure of the record. An expunged case will still appear in certain circumstances, including:

• Applications for government employment
• Applications for public office
• Certain professional licensing reviews
• Certain background checks conducted by law enforcement agencies

However, for most private employment purposes, the individual may lawfully state that they have not been convicted of the offense following expungement.

For many people, this distinction makes a substantial difference in job opportunities and career advancement.

How to Best Proceed

Post-conviction relief may appear straightforward, but courts exercise discretion in granting these requests. A strong application typically includes:

• A well-drafted legal motion
• Documentation of probation completion
• Evidence of rehabilitation
• Letters of support when appropriate
• Clear legal argument explaining why relief should be granted

A carefully prepared motion can significantly increase the likelihood of success. It is best to consult with an experienced criminal defense attorney to maximize the likelihood of expungement 

For those eligible, pursuing a reduction from felony to misdemeanor and earning an expungement of the criminal conviction is often an important final step in closing a chapter and rebuilding a future.

This information is intended as a general overview and should not be considered legal advice. At Delahunty & Nash LLP, our foundation as former federal prosecutors and defense attorneys informs a highly personalized approach to every case. Based in San Francisco, we represent clients statewide and in federal courts nationwide, including professionals, executives, healthcare providers, and other high-profile individuals. For confidential, tailored representation, contact a federal criminal defense attorney committed to protecting your privacy.