A felony conviction can be detrimental in today’s job market.  Additionally, a felony record can make it very difficult to attain certain licenses and security clearances.  For all these reasons, reducing a felony offense to a misdemeanor can significantly change one’s life for the better by releasing them from the burdens of a felony conviction.

Which felonies can be reduced?

Only “Wobbler” Offenses are eligible to be reduced to misdemeanors.  A “wobbler” offense is any offense that can be charged as a misdemeanor or felony.  However, only wobbler offenses where the person was not sentenced to prison are eligible.  Thus, if you served time in prison on a felony “wobbler”, you would not be eligible to petition the court for  a reduction to a misdemeanor.

San Diego Courts consider a variety of factors when deciding to grant a motion to reduce a felony to a misdemeanor.  Some factors considered by the court are:

• The facts of the underlying offense
• Whether the petitioner has picked up any new offenses
• Whether all conditions of probation have been fulfilled
• Any other new or changed circumstances since the conviction, including new employment, family situations, or other issues that warrant a reduction (such as licensing issues)

Whether an offense will be reduced from a felony to a misdemeanor involves numerous factors that depend on the specific nature of each case.  Therefore, if you are considering reducing a felony to a misdemeanor it is a good idea to discuss your specific case with an attorney who handles these matters.

If you have questions regarding reducing a felony offense to a misdemeanor, please feel free to call our offices.  We will be happy to discuss this option with you in a free confidential consultation.