If you’ve been convicted of a felony in California, you may be wondering if there’s a way to reduce its impact on your future. Can you get a felony reduced to a misdemeanor in California? The good news is: yes, under certain conditions, California law allows some felonies to be reduced to misdemeanors. This process can significantly improve employment opportunities, housing eligibility, and personal peace of mind.
In this comprehensive guide, we’ll explain how felony reductions work in California, which charges qualify, the steps involved, and what to expect from the process.
What Is a Felony vs. a Misdemeanor in California?
Before diving into reductions, it’s important to understand the difference between a felony and a misdemeanor in California:
- Felony: A serious crime that can carry a sentence of more than one year in state prison. Examples include burglary, assault with a deadly weapon, or grand theft.
- Misdemeanor: A less severe offense, usually punishable by up to one year in county jail and/or fines.
Felony convictions carry lasting consequences — including loss of gun rights, challenges in finding employment, and potential immigration consequences. This is why many people seek to reduce their felony charges to misdemeanors.
So, Can You Get a Felony Reduced to a Misdemeanor in California?
Yes, but only certain felonies qualify for this type of reduction. California Penal Code § 17(b) provides the legal authority for reducing eligible felonies to misdemeanors. These are often referred to as “wobblers.”
A wobbler is a crime that can be charged either as a felony or a misdemeanor, depending on the circumstances of the case and the discretion of the prosecutor or judge.
Examples of Wobbler Offenses:
- Assault with a deadly weapon (Penal Code § 245)
- Grand theft (Penal Code § 487)
- Fraud crimes
- Some drug possession charges
- Certain firearm offenses
If your felony is a straight felony (meaning it cannot legally be charged as a misdemeanor), it cannot be reduced.
Who Is Eligible for a Felony Reduction?
To qualify for a felony-to-misdemeanor reduction in California, the following conditions must typically be met:
- The crime must be a wobbler.
- You were sentenced to probation and not state prison.
- You successfully completed probation, with no new criminal charges.
- You are not currently serving a sentence or on probation for another offense.
Even if all conditions are met, the final decision rests with the judge. Having a strong legal argument and good post-conviction behavior can help persuade the court.
How to Request a Felony Reduction in California
If you meet the eligibility requirements, you can petition the court to reduce your felony to a misdemeanor. Here’s how the process generally works:
1. Contact a Criminal Defense Attorney
While it’s possible to file the petition yourself, working with a qualified criminal defense lawyer gives you a better chance of success. An attorney can assess your case, file the correct paperwork, and represent you in court.
2. File a Petition Under Penal Code § 17(b)
This motion asks the court to reduce your felony conviction. Your attorney will explain how you’ve satisfied probation and why the reduction is justified.
3. Attend a Court Hearing (If Required)
In some cases, the court will schedule a hearing. Your attorney will argue the merits of the reduction and may provide supporting evidence like employment history, education, or community service.
4. Court Ruling
If the judge grants the motion, your felony is officially reduced to a misdemeanor on your criminal record.
Benefits of Reducing a Felony to a Misdemeanor
The answer to “Can you get a felony reduced to a misdemeanor in California?” is not just legally important—it’s life-changing for many. Here are the main benefits:
1. Improved Employment Opportunities
Many employers conduct background checks. A misdemeanor looks far less severe than a felony, making you a more attractive candidate.
2. Restoration of Civil Rights
A reduction can restore certain rights such as eligibility for some professional licenses and, in some cases, firearm rights (though this is complex and may require a separate legal action).
3. Better Housing Options
Landlords are more likely to approve tenants with misdemeanor records than those with felonies.
4. Immigration Impact
Although not guaranteed, a reduced charge may help non-citizens facing immigration issues due to a felony.
5. Social Stigma
A reduction can help you move forward with your life with less social judgment and fewer barriers.
Can a Felony Be Expunged After Reduction?
Yes. In fact, reducing a felony to a misdemeanor is often a first step toward expungement under California Penal Code § 1203.4. Expungement doesn’t erase your conviction entirely but shows it was dismissed after successful completion of probation.
This can be incredibly valuable for background checks, licensing boards, and peace of mind.
What Crimes Cannot Be Reduced?
As mentioned earlier, not all felonies are eligible. “Straight felonies”—which include the most serious crimes—cannot be reduced. These typically include:
- Murder
- Rape
- Armed robbery
- Felony domestic violence (in some cases)
- Crimes involving serious bodily injury
These offenses are considered too severe for misdemeanor consideration under current California law.
When Is the Best Time to Request a Reduction?
You can request a felony reduction:
- At sentencing (if you’re being offered probation for a wobbler)
- After successfully completing probation
- During an expungement petition
The best time depends on your case and your attorney’s strategy. Sometimes it’s better to wait until probation is fully complete to show good behavior.
Can the Prosecutor Oppose the Reduction?
Yes, the prosecutor can oppose your petition. They may argue that the nature of the crime or your criminal history makes you ineligible or undeserving of a reduction.
That’s why having a skilled defense attorney to counter the arguments is critical. A good lawyer can demonstrate your rehabilitation, community support, and future goals.
Final Thoughts
So, can you get a felony reduced to a misdemeanor in California? Absolutely—if your conviction was for a wobbler offense, and you meet the necessary conditions. The process can open new doors for employment, housing, and overall quality of life.
If you’re ready to take the next step in clearing your criminal record and moving forward, consult with a criminal defense lawyer in California who has experience with post-conviction relief. A reduction could be the fresh start you’ve been looking for.