Can you do that? Yes, you can. Look up Penal Code Section 17(b) if you don’t believe us. You can also reduce certain felonies to misdemeanors under Proposition 47, and we wrote about that previously here.
Under Section 17(b), you can even reduce your felony to a misdemeanor long after you’ve served out your sentence. If you haven’t considered it, you should. If you’re currently facing felony charges then you can try reducing them at your preliminary hearing or at sentencing, but you should talk to your lawyer about that.
Once you reduce your felony to a misdemeanor, it’s considered a misdemeanor from that point on (with some exceptions). Then you can legally and truthfully say that you have not been convicted of a felony when you go about your business or apply for loans, housing, employment, or professional licenses or credentials (again, with exceptions). One big exception? It won’t relieve you from having to register as a sex offender.
To be eligible, you must meet two criteria. First, your felony must have been a wobbler, meaning it could’ve been charged as a felony or misdemeanor. If you were convicted of a straight felony then you’re out of luck. Second, the court must have put you on probation but without actually imposing a felony sentence. This is important, too. It’s not enough if the court imposed a sentence but suspended its execution in favor of probation; it must not have imposed a felony sentence at all. So if you were sentenced on the felony then you’re out of luck even if the court suspended its execution and put you on probation.
Bottom line: You are eligible if you were convicted of a felony that could’ve been charged as a misdemeanor and the court put you on probation without imposing a felony sentence.
How will a court decide your motion? By analyzing the same factors that guide other sentencing decisions. These include the facts of the case; the nature of the offense; your personal history and characteristics; and how well you did or have done on probation.
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