Felonies where A State Prison Sentence is Imposed
If you have ever been convicted of a felony in a California adult court, you may be eligible to have your felony conviction reduced to a misdemeanor. This procedure, referred to as a "17b" motion, can be highly effective in protecting your future after a felony conviction.
Only some felony convictions qualify for the procedure. A formal motion is prepared on your behalf and presented to the court. In considering your request to have your conviction reduced to a misdemeanor, the court will want to know whether you completed all the requirements of your probation and your probation is over. In addition, the court will want to know whether you have been convicted of any new offense, whether you have been charged with any new offense, and whether you are currently on probation for any other offense.
After we have submitted the request to the court, the court will set a hearing on your case. You will need to be present for the hearing. The court will determine whether to grant your request at the hearing. If the courts grants your request, your felony will be reduced to a misdemeanor.
Expungement is not available for felony convictions, where probation is not granted, and a term in state prison is imposed. In those cases, the only relief available is a Certificate of Rehabilitation and Pardon, or Direct Application for Governor's Pardon.
Felonies Where Probation Is Sentenced with No Prison Term.
If probation is granted in a felony case and no prison sentence imposed, Penal Code Section 1203.4 will control, just as it does in a misdemeanor case. Just as in misdemeanor cases, in considering your request to have your felony conviction erased, the court will want to know whether you successfully completed all the requirements of your probation and confirm that your probation is over. Also, the court will ask whether you have been convicted of any new offense, whether you have been charged with any new offense, and whether you are currently on probation for any other offense.
If the courts grants your request, your conviction will be withdrawn, and the charges against you will be dismissed.