How to Reduce a Felony to a Misdemeanor in California Under PC 17(b)

Can you reduce a felony to a misdemeanor in California? Often, yes, if your conviction is a “wobbler” and you received probation instead of prison. Under Penal Code section 17(b), a judge can make the offense a misdemeanor for all purposes. Below, I explain who qualifies, what judges weigh, and what changes after.

Reviewed by Allison Cole, Attorney | Last updated: October 30, 2026

What does it mean to reduce a felony to a misdemeanor?

A reduction doesn’t erase your conviction. Instead, it changes how the law classifies it. Under Penal Code section 17(b), the offense becomes “a misdemeanor for all purposes.”

For many clients, this is about more than paperwork. Read more about my felony reduction services.

What is a wobbler?

A wobbler is a crime the law lets the court punish either as a felony or as a misdemeanor. For example, assault with a deadly weapon under PC 245(a)(1) is a wobbler. So is receiving stolen property under PC 496. However, a “straight” felony can’t be reduced under 17(b).

How to tell if your conviction is a wobbler

First, find the code section on your court papers, then look it up. The courts’ self-help guide offers a simple tip. If the code section lists county jail as a possible sentence, the offense is likely a wobbler.

Who can reduce a felony to a misdemeanor under PC 17(b)?

You may qualify if:

• your offense is a wobbler; and
• the court granted you probation, rather than sending you to state prison or to county jail under PC 1170(h).

You don’t need to finish probation first. The statute also sets no waiting period. Also, since January 1, 2026, PC 17(f) says unpaid restitution or a restitution fine can’t be the grounds for denial.

When 17(b) isn’t available

Some cases fall outside 17(b):

• Straight felonies. Only wobblers qualify.
• Prison or 1170(h) jail sentences. If you were sentenced to state prison or to 1170(h) county jail instead of probation, 17(b) generally doesn’t apply. For a 1170(h) sentence, a dismissal under PC 1203.41 may be a separate option. My page on the petition to dismiss a conviction under PC 1203.4 covers dismissal.
• Sex offender registration. Under PC 17(e), a reduction doesn’t end a duty to register under PC 290.

One rule changed in 2019. Older decisions, such as People v. Wood (1998), barred a reduction if the judge imposed a prison sentence and suspended it. A 2018 law, AB 1941, removed the words “without imposition of sentence” from 17(b)(3) as of January 1, 2019. So a suspended prison sentence with probation may no longer block a reduction. However, if the judge later sent you to prison on that sentence, 17(b) usually isn’t available. Have an attorney review your sentencing papers.

Can you reduce a felony to a misdemeanor while still on probation?

Yes. Section 17(b)(3) lets the court declare the offense a misdemeanor when it grants probation. It also allows a later request “on application of the defendant or probation officer thereafter.”

Judges often want to see a solid probation record first. Do you also want a dismissal while still on probation? Then you’ll generally need early termination under PC 1203.3 too.

The court can also act after probation ends. The California Supreme Court held that a judge may reduce a wobbler after probation is complete, even after a dismissal (People v. Feyrer (2010) 48 Cal.4th 426). In that case, the judge had suspended imposition of sentence.

How judges decide whether to reduce a felony to a misdemeanor

In People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, the California Supreme Court described what judges consider:

• the nature and circumstances of the offense;
• how you understand and feel about it now;
• your character and conduct;
• your criminal history; and
• the general goals of sentencing, such as public safety and rehabilitation.

The court called this an “individualized consideration of the offense, the offender, and the public interest.”

When I review a case, I look for support that speaks to those factors. That may include probation compliance, work, school, completed treatment, and letters of support. I also explain the concrete harm the felony label causes.

No one can promise a result. Still, strong support gives the judge a full picture.

Questions about your case? Call (408) 417-0477.

What to expect when you ask for a reduction

The request goes to the court where you were convicted. California’s Petition for Dismissal, form CR-180, includes a section for 17(b) reductions. The prosecutor receives notice and may respond. The judge may decide on the papers or set a hearing. Timing varies by court.

Combining a 17(b) motion with an expungement

A reduction and a dismissal do different things. A reduction changes the label from felony to misdemeanor. A dismissal under PC 1203.4 releases you from most penalties and disabilities of the conviction.

Many people ask for both in one CR-180 filing.

A dismissal has limits, though. The conviction can still be used as a prior in a later case. You must also disclose it if a state or local licensing application asks. For job seekers, I explain what a dismissed conviction shows on a background check.

What changes after you reduce a felony to a misdemeanor

Gun rights

Once the offense is a misdemeanor, California’s felony firearm ban no longer rests on that case. However, other bans may still apply. Under PC 29805, many misdemeanors carry a 10-year ban. That list includes several common wobblers, such as PC 245 and PC 422. A misdemeanor PC 273.5 conviction on or after January 1, 2019 carries a lifetime state ban.

Federal law has its own firearm rules, especially for domestic violence convictions, and may still bar you. By contrast, a 1203.4 dismissal alone doesn’t restore gun rights. Please get advice on your facts before you buy or possess a firearm.

Jobs, housing, and professional licenses

After a reduction, you can generally describe the conviction as a misdemeanor. Still, some laws treat it as a felony anyway. For example, Government Code section 1029 bars many people convicted of a felony from peace officer jobs. It expressly applies even after a 17(b) reduction. Also, a dismissal doesn’t remove the duty to disclose on state or local license applications.

Prior convictions and future cases

In People v. Park (2013) 56 Cal.4th 782, the court addressed a reduced wobbler. It held the conviction isn’t a prior serious felony for the five-year PC 667(a) enhancement. However, under PC 667(d)(1), a wobbler reduced after the initial sentencing may still count as a “strike” in a future case.

Immigration

If you aren’t a U.S. citizen, talk with an immigration attorney before you file. The courts’ page on record cleaning for non-citizens explains why.

Prop 47 is another way to reduce a felony to a misdemeanor

Proposition 47 (PC 1170.18) is a separate law. It covers certain drug possession and low-value theft convictions from before November 5, 2014. If you completed your sentence and qualify, the court must designate the offense a misdemeanor. The filing deadline was removed effective October 8, 2023. However, under PC 1170.18(j), a Prop 47 reduction doesn’t restore firearm rights.

Also, keep in mind that automatic Clean Slate relief doesn’t reduce a felony.

Frequently asked questions

Can you reduce a felony to a misdemeanor in California?

Often, yes. If your conviction is a wobbler, a judge can declare it a misdemeanor under Penal Code section 17(b). This usually works when you received probation instead of a state prison sentence. The decision is up to the judge, who looks at your case, your record, and your conduct since.

Can I reduce a felony to a misdemeanor while I’m still on probation?

Yes. Penal Code section 17(b)(3) lets you ask at sentencing or any time after the court grants probation. You don’t have to wait until probation ends. However, judges often want to see steady progress first. If you also want a dismissal, you can ask to end probation early under Penal Code section 1203.3.

Does a 17(b) reduction restore my gun rights?

It may. Once the offense is a misdemeanor, California’s felony firearm ban no longer rests on that case. However, many misdemeanors carry their own 10-year ban, and some domestic violence convictions carry a lifetime ban. Federal law may also apply. Get advice on your specific case before you own or possess a firearm.

Is a felony reduction the same as an expungement?

No. A 17(b) reduction changes your conviction from a felony to a misdemeanor. An expungement under Penal Code section 1203.4 dismisses the case and releases you from most penalties. They do different things, so many people ask for both. California’s Petition for Dismissal form, CR-180, lets you request both in one filing.

What does a judge consider in a 17(b) motion?

The judge looks at the facts of the offense, how you view what happened, and your character and record. Judges also weigh public safety and your rehabilitation. Helpful support can include probation compliance, steady work, school, completed treatment, and letters from people who know you. Unpaid restitution alone can’t be the reason for denial.

Serving clients across California

Based on the Central Coast in Santa Cruz County, Allison Cole Law provides services statewide. From San Diego to Eureka, we are ready to assist you. Give us a call today at (408) 417-0477.

Talk with me about your felony

If you’re carrying a felony for a wobbler, you may have options. Call the Law Office of Allison Cole at (408) 417-0477 for a free consultation, or schedule a free consultation online. I’ll review your case and explain whether a 17(b) motion, a dismissal, or both may fit your situation. You can also learn how I help with felony reductions.

Disclaimer: This article is attorney advertising. It is general information, not legal advice, and reading it doesn’t create an attorney-client relationship. Laws change; check with the court or an attorney about your case.