REDUCING FELONIES TO MISDEMEANORS UNDER PC §17b
In our society, after you are punished, you are considered rehabilitated; the Scarlet Letter is no more. However, we all know that this is not the case. The stigma is slow to wear. A §17(b) expungement may be a means of tearing off the patch, and walking tall through the rest of your life. If you been convicted of a felony that is punishable by a state prison or county jail sentence, but were only required to be on probation, and you successfully passed through the probationary time, you might be able to expunge your felony conviction.
Felonies where the punishment may be state prison or county jail sentence are often referred to as "wobblers." When the court grants probation without the imposition of sentence, the court may later declare the case to be a misdemeanor. (PC §17(b)(3). PC §17(b) further provides that, on grant of this relief, the crime is a misdemeanor "for all purposes." However, you should speak with an attorney, as tthere are limitations as to what a felony expungement can do for you.
An attorney who handles these types of cases will first file a motion to reduce an eligible felony to a misdemeanor, before filing a dismissal under PC §1203.4. We first file a §17(b) motion on your behalf, and if successful, file a motion to expunge the misdemeanor, for a flat fee. We do not charge by the hour, phone call, or for other miscellaneous costs, and you are welcome to call us anytime to talk about the specifics of your case.
