Reducing a felony to a misdemeanor in Redding (PC 17(b))

Many California felonies are “wobblers,” meaning they could have been charged or sentenced as either a felony or a misdemeanor. Penal Code 17(b) lets a judge reduce a wobbler felony to a misdemeanor, and in Shasta County it’s often requested together with an expungement.

What is a wobbler?

A wobbler is an offense the law allows to be punished either as a felony or as a misdemeanor. Common examples include some types of grand theft, commercial burglary, vandalism over $400, receiving stolen property, assault with a deadly weapon (not a firearm), and some drug offenses. A quick way to tell: if the code section for your conviction allows either county jail of up to one year or a felony term, it is probably a wobbler. “Straight” felonies, which can only be felonies, can’t be reduced under 17(b).

Who may qualify for a 17(b) reduction

• The conviction is a wobbler, not a straight felony.
• You were granted probation for the felony. The judge can reduce the offense when probation is granted or at any time afterward, on your request.
• You weren’t sentenced to state prison or to a felony county-jail term under realignment (PC 1170(h)) for that case. Those sentences generally rule out a 17(b) reduction, though other relief may be available.

A reduction is up to the judge. Courts look at things like the nature of the offense, how you did on probation, your record since, and what you’ve been doing with your life. A short declaration about your work, family, schooling, or treatment can make a real difference.

Why pair it with an expungement?

A PC 1203.4 dismissal and a 17(b) reduction do different things, and many people may benefit from both:

• The dismissal lets you withdraw the plea and have the case dismissed, which may help with most private employers.
• The reduction changes the offense from a felony to a misdemeanor “for all purposes,” with some exceptions. That can matter for licensing, for questions that ask about felonies specifically, and in some cases for state firearm rights.

Both can usually be requested in the same filing. The statewide Petition for Dismissal (form CR-180) includes a section for a 17(b) reduction, and Shasta County Superior Court has also used its own combined local petition for 17(b) and 1203.4 requests. If your case was already dismissed under 1203.4, a reduction may still be possible, so ask.

What a reduction doesn’t do

• It doesn’t erase the case. Your record will show a misdemeanor conviction (and a dismissal, if you get one).
• It doesn’t automatically restore firearm rights. Some misdemeanors carry their own state firearm ban, and federal law has its own rules. Get advice specific to your case before you possess a firearm.
• It doesn’t by itself end a sex-offender registration requirement.
• It isn’t a reliable fix for immigration consequences. Non-citizens should talk to an immigration attorney first.

Related options

Some older felony drug-possession and lower-value theft convictions may be reduced under Prop 47 instead, which works differently from 17(b). Certain misdemeanors can be reduced to infractions under PC 17(d). See the PC 1203.4 eligibility checklist for the dismissal side, and how the process works in Shasta County.

Common questions

Is a felony reduction automatic once I finish probation?

No. You have to ask the court, and the judge decides. Finishing probation successfully helps, but it doesn’t guarantee a reduction.

Can I get a reduction if I went to state prison?

Generally not under 17(b). Other options may apply, such as Prop 47 for certain offenses, a dismissal under the newer rules for some prison sentences, or a certificate of rehabilitation.

Will the reduced charge still show up on a background check?

The case will still appear, but it should show as a misdemeanor, and as dismissed if you also get a 1203.4 dismissal.

This page is general information, not legal advice, and it may not reflect the latest changes in the law. Every case is different and no particular result is guaranteed. Reading it does not create an attorney-client relationship.

More guides: Shasta County expungement process · PC 1203.4 eligibility · DUI expungement · Felony reduction (17b) · Prop 47 · Arrest sealing · Jobs & background checks · Cost · FAQ