Petition to Reduce a Felony to a Misdemeanor
A 17(b) Motion can be used when you have been convicted of a felony offense if that felony offense could have been charged as a misdemeanor. These crimes are categorized as wobbler offenses. A wobbler offense may be reduced to a misdemeanor if you meet all the requirements and upon making a proper motion to the court.
If a 17(b) Motion is granted your felony conviction will be reduced to a misdemeanor conviction. This means that if you were person previously convicted of a felony you will not have to admit that you were convicted of a felony. This includes employment applications, loan applications, and applications for state license, among others. All in all, the law will no longer recognize you as a felon and this relief may potentially restore your ability to own or possess a firearm.
A person seeking relief under a 17(b) Motion may also file an expungement petition (under PC 1203.4) simultaneously. As such, if the court grants the 17(b) Motion, the expungement petition can thereafter be heard to dismiss your conviction. Call our office today for a free consultation.