What is the process for reducing a felony "wobbler" conviction to a misdemeanor under California Penal Code 17(b)?

To reduce a felony "wobbler" conviction to a misdemeanor, you must file a formal petition with the court that handled your case and persuade a judge to grant your request. The process requires specific forms, a court hearing, and a compelling argument. Here is the general process: Step 1: Confirm Your Eligibility First, verify that your offense is a "wobbler" and that you did not receive a state prison sentence. Wobblers are crimes that can be charged as either a felony or a misdemeanor. If you were granted probation and served time in county jail (or no jail time at all), you are likely eligible. You cannot use this process if you were sentenced to and served time in a California state prison. Step 2: Obtain and Complete the Court Forms Go to the courthouse where you were convicted or visit its website to find the necessary form. This is typically titled "Petition for Reduction of Felony to Misdemeanor" (some courts use form CR-180). Fill out the form completely with your name, case number, and a statement explaining why you are asking for the reduction. Be prepared to explain how you have rehabilitated yourself and why this relief is important for your future (e.g., for employment or housing). Step 3: File Your Petition with the Court File the completed petition with the clerk at the criminal division of the courthouse where you were convicted. There may be a filing fee, but you can apply for a fee waiver if you cannot afford it. The clerk will stamp your documents and assign a hearing date. Step 4: Serve the District Attorney You must formally notify the District Attorney's office of your request. Have someone over 18 who is not a party to your case mail or hand-deliver a copy of the filed petition to the local DA's office. That person must then complete and sign a "Proof of Service" form, which you will file with the court clerk before your hearing. Step 5: Attend Your Court Hearing You must attend the scheduled hearing. The judge will review your petition, consider your compliance with probation, and listen to any arguments from you or your attorney and the prosecutor. If the judge is convinced, they will sign an order granting the reduction. Important Considerations: A judge has the discretion to grant or deny a PC 17(b) petition. They will consider your criminal history, the facts of the original case, and your conduct since the conviction. It is often beneficial to file this petition at the same time as a Petition for Dismissal (expungement) under Penal Code 1203.4. Note: Reducing a felony to a misdemeanor under PC 17(b) does not restore your federal right to own or possess firearms if it was lost due to the original felony conviction. The conviction, though reclassified as a misdemeanor, will still appear on your criminal record. This is general information and does not constitute legal advice. For complex situations, or to ensure the best outcome, consult with a qualified California criminal defense attorney.