Penal Code Section 17(b) allows certain felonies to be reduced to misdemeanors

Penal Code section 17(b): Motion to Reduce to Misdemeanor

Under Penal Code section 17(b), a person with a prior conviction of a “wobbler,” or alternate felony/misdemeanor, who was not sentenced to state prison or pursuant to Penal Code section 1170(h) (county jail “prison”), can move the court to reduce his or her offense to a misdemeanor. In deciding whether to grant the motion, the court considers the circumstances of the original offense, criminal record, rehabilitation, the objectives of sentencing, any other facts relevant to general sentencing objectives, and whether the interests of justice (such as the need for employment or to support an application for certain types of immigration relief) support granting the motion.

Circumstances that support a court’s granting of such motion include: that the person has served the sentence and paid all fines and fees; has not incurred a violation of probation; can show substantial rehabilitation since the offense; has an insignificant criminal history prior to the offense; or is not presently charged with a new offense, serving a sentence, or on probation in any other case.

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