Facing a felony conviction can feel overwhelming, but under California law, there may be hope—even after sentencing. If you or a loved one has been convicted of a felony, you might be eligible to have that felony reduced to a misdemeanor. This legal process can significantly improve your future opportunities, restore certain rights, and lessen the long-term burden of a felony record.
We'll explain the legal framework that allows for felony reductions, the eligibility criteria, and how the process works in California. We’ll also cover the impact a reduction can have on employment, housing, and your civil rights, as well as how an experienced criminal defense lawyer like Andrew Flores at Flore Legal Allies can help you through the process.
What Does It Mean to Reduce a Felony to a Misdemeanor?
A reduction from felony to misdemeanor means that the legal classification of the crime is downgraded. While both felony and misdemeanor convictions are criminal offenses, felonies carry harsher penalties, longer jail or prison terms, and more lasting consequences.
California Penal Code Section 17(b) gives judges the discretion to reduce certain felony convictions—known as “wobblers”—to misdemeanors, either at the time of sentencing or after the defendant has successfully completed probation.
This reduction does not “erase” the conviction but reclassifies it, potentially improving your criminal record and its impact on your life.
What Is a Wobbler Offense?
A “wobbler” is a criminal offense that can be charged either as a misdemeanor or a felony. These types of offenses give prosecutors and judges flexibility based on the circumstances of the case and the defendant’s history.
Examples of wobbler offenses in California include:
- Assault with a deadly weapon
- Criminal threats
- Certain theft crimes (like grand theft)
- Fraud
- Vandalism (if damage exceeds $400)
If your original conviction was for a wobbler, you may be eligible for a reduction after sentencing.
When Can a Felony Be Reduced?
There are two main opportunities to reduce a felony to a misdemeanor:
1. At the Time of Sentencing
If you are convicted of a wobbler felony and are granted probation, your defense attorney can request that the judge reduce the felony to a misdemeanor during sentencing. The judge may agree if the crime was not violent, the circumstances were mild, and you have no serious criminal history.
2. After Probation is Completed
If you have already been sentenced and completed probation successfully, you can petition the court under Penal Code 17(b)(3) to reduce the felony. In most cases, you must have:
- Been granted probation (not sentenced to state prison)
- Completed your probation without significant violations
- Paid all fines, fees, and restitution
- Avoided new criminal offenses
Who Is Eligible for a Felony Reduction?
Not every felony can be reduced. The eligibility criteria are:
- The offense must be a wobbler: If the crime can only be charged as a felony (e.g., murder, rape, or some firearm charges), it is not eligible.
- Probation must have been granted: If you were sentenced to prison instead of probation, you're generally not eligible unless you obtain a certificate of rehabilitation or governor’s pardon.
- No serious probation violations: If you violated probation or committed another offense, your chances of reduction are lower, though not necessarily impossible.
An experienced attorney can review your case and determine if you meet these criteria.
How the Court Decides on a Reduction
Even if you are eligible, a judge has the final say. The court will consider:
- The nature and circumstances of the original offense
- Your criminal history
- Your behavior during probation
- Evidence of rehabilitation (employment, community involvement, etc.)
- Any opposition by the prosecutor
Having a strong legal advocate can help present your case persuasively and highlight your progress since the conviction.
Benefits of Reducing a Felony to a Misdemeanor
Reducing a felony to a misdemeanor offers several major benefits:
1. Improved Employment Prospects
Many employers are hesitant to hire someone with a felony conviction. A misdemeanor may still show up on background checks, but it carries less stigma and may not disqualify you from jobs that a felony would.
2. Restoration of Rights
A felony conviction can take away certain rights, such as:
- The right to own or possess firearms
- The right to serve on a jury
- The right to hold certain professional licenses
A reduction to a misdemeanor can restore some of these rights—especially if combined with expungement.
3. Immigration Consequences
While not a guaranteed solution, reducing a felony to a misdemeanor may help mitigate immigration consequences in some cases. However, immigration law is complex, and the reclassification might not be recognized by federal authorities. Consult both a criminal defense and immigration attorney if this applies to you.
4. Social and Psychological Benefits
The psychological burden of carrying a felony record is heavy. Reclassifying the offense can offer a sense of closure and allow you to move forward with greater peace of mind.
Can a Felony Reduction Help with Expungement?
Yes. In many cases, a felony that is reduced to a misdemeanor may then be eligible for expungement under Penal Code 1203.4.
Expungement allows the court to dismiss the conviction after successful completion of probation. While it does not erase the conviction, it changes the record to show that the case was dismissed, which can be very helpful during background checks.
A reduction and expungement combination can be powerful in clearing your record to the greatest extent possible under California law.
How the Process Works
If you believe you may be eligible, here’s what typically happens:
- Consultation with a Criminal Defense Attorney – Your attorney will review your criminal history, court records, and probation status to determine eligibility.
- File a Motion with the Court – Your lawyer will file a formal request to reduce your felony to a misdemeanor, citing Penal Code 17(b).
- Court Hearing – You may need to appear in court. Your attorney will present arguments to the judge explaining why you deserve the reduction.
- Judicial Decision – The judge may grant or deny the motion, often on the spot or shortly afterward.
- Follow-Up Steps – If granted, your record will be updated. If eligible, your lawyer may also help you file for expungement.
Common Misunderstandings About Felony Reduction
“Will it erase my criminal record completely?”
No. A reduction does not erase your record, but it reclassifies it. Expungement is a separate step that may follow.
Can I get a felony reduced if I went to prison?”
Generally, no. Felony reductions are typically only available to those who were granted probation, not prison sentences.
“Can I vote again?”
In California, felons regain the right to vote after completing their prison term and parole. A reduction can help restore other rights but is not required to regain voting rights.
Why Legal Representation Matters
Petitioning the court for a felony reduction is not automatic. Judges consider many factors, and how your case is presented makes a big difference. At Flore Legal Allies, we don’t just file paperwork—we build a compelling case for why you deserve this second chance.
We understand how criminal convictions affect every aspect of life. That’s why we go beyond the courtroom—we become an ally in your journey toward a better future.
How We Can Help
At Flore Legal Allies, we proudly serve clients across San Diego and Los Angeles, offering personalized legal guidance for every stage of the criminal justice process. If you’re wondering whether your felony conviction can be reduced to a misdemeanor, we’re here to help.
Our team will:
- Evaluate your eligibility
- Handle the filing and court process
- Advocate for your case during hearings
- Explore additional remedies like expungement or record sealing
We know how stressful the justice system can be. Our role is to bring clarity, direction, and calm to what often feels like chaos. You don’t have to face it alone.
Schedule a free consultation today and let’s discuss how we can help you move forward.
