Get a Felony Off Your Record

A felony conviction will follow you around for the rest of your life, making it difficult (or impossible) to get a job, vote, join the military, earn a professional license, or purchase firearms.  If you've been arrested or convicted for a felony in California, though, there may be options available to get that charge off your record.

If you are arrested and the DA declines to file charges, the mere fact that you were once arrested on suspicion of a felony can cause problems down the road.  Luckily, California now provides a procedure to seal records if your arrest did not result in a conviction.

If you are charged with a felony, your attorney might successfully negotiate a plea deal for a reduced charge.  Depending on the nature of the charge, the strength of the evidence, and your criminal history, the DA may eventually settle for a misdemeanor.  In many cases, prosecutors try to gain bargaining leverage by alleging felonies when misdemeanor charges are really more appropriate.

PC 17(b) 

When the DA is not willing to reduce a felony charge during plea negotiations, a judge may do so in some cases.  In California, section 17(b) of the Penal Code gives judges the discretion to reduce some felonies to misdemeanors when doing so "serves the interests of justice".  If your charge is eligible for a reduction, the judge can exercise that option at any point in the criminal process -- before trial, after trial, or even years after a conviction.  If judge agrees to reduce your felony to a misdemeanor in the interests of justice under PC 17(b), that conviction will forever be considered a misdemeanor for all purposes.  All rights are immediately restored, including the right to purchase and possess firearms.

Prop. 47

Since voters approved Prop. 47 in 2014, many crimes that were formerly classified as felonies or wobblers are now straight misdemeanors.  If you were convicted of a qualifying felony, you may be eligible to retroactively reduce that conviction to a misdemeanor.  Unlike a reduction under PC 17(b), though, a reduction under Prop 47 will not restore your right to purchase or possess firearms.

Prop. 64

Under Prop 64, many marijuana-related offenses were either abolished entirely or reduced from felonies to misdemeanors.  Individuals who have old marijuana-related convictions may also be eligible to have those charges dismissed or reduced.  If an old felony conviction is reduced or dismissed under Prop 64, you may become eligible to restore your gun rights.

PC 1203.4 

The final option to clean up your criminal record in California is a PC 1203.4 Petition for Dismissal (commonly known as an "expungement").  Under PC 1203.4, you may be eligible to have an old case dismissed after you have successfully completed probation.  If you were sentenced to prison, you are probably not eligible for relief under 1203.4, but there are some exceptions. 

If you or a loved one has questions about cleaning up your criminal history or applying to have a felony removed from your record, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Fullerton Expungement Attorney