Can a Felony Be Dismissed in California?

When it comes to California's legal landscape, questions about whether a court will grant dismissal to a felony or a misdemeanor conviction are not uncommon.

A felony is a serious offense, typically carrying more substantial penalties than misdemeanors. Such corrections include state prison sentences, whereas misdemeanors are punishable by up to 364 days in county jail, and many carry a maximum of 6 months.

In some cases, there's room for a reduction from a felony conviction to a misdemeanor.

This reduction can happen through a process outlined in the California Penal Code: Section 17(b). To successfully reduce the conviction, the court must determine the offense and the person eligible in the first place.

What Is a Felony Conviction?

Felonies typically involve severe crimes like murder, armed robbery, rape, drug trafficking, etc. These offenses are more significant than others because they often result in harm to others or pose a threat to society.

A felony criminal conviction can create obstacles to securing employment, housing, and other opportunities.

As mentioned above, the court can reduce some felonies. However, this legal process involves careful evaluation of the case's specifics. A qualified attorney can provide the best guidance tailored to the lawsuit. They can provide insight to questions like What is the lowest felony charge in California?

Can a Minor Be Convicted of a Felony?

In California, as in many other states, the legal system acknowledges that minors may commit serious offenses. As a result, the court provides a separate set of rules and procedures to address such cases.

Juvenile Delinquency

The law considers people under the age of 18 minors. When a person of this age range commits either a felony or a misdemeanor, the court refers to it as juvenile delinquency.

In this event, the system aims to rehabilitate rather than punish the young offender(s). Still, there are instances where a minor may still be subject to the adult criminal justice system.

Transfer Hearings

Some offenses can be severe enough to force the subject to a transfer hearing. In such cases, the court determines if the minor should be tried as an adult. These hearings consider factors such as the person's age, the crime's seriousness, and their criminal record.

Since Proposition 57 (2016), prosecutors can no longer file a juvenile case directly in adult court. A juvenile court judge must first hold a transfer hearing under Welfare and Institutions Code 707. Transfer is generally limited to minors who were 16 or 17 at the time of the alleged felony. Since 2019, 14- and 15-year-olds generally cannot be transferred to adult court.

The Differences Between Wobbler and Straight Felony Convictions

These terms refer to two distinct categories of offenses. Each has its own set of consequences and potential outcomes.

Straight Felony

This is the more straightforward of the two types. Under this term, a conviction carries the total weight of a felony offense.

It includes the possibility of a state prison sentence, a permanent felony record, and other associated penalties. The consequences of a straight felony conviction are generally more severe and can have lasting implications on the person's life.

Additionally, some convictions may result in the loss of certain civil and gun rights, such as the right to possess firearms.

Wobbler Felony

On the other hand, this felony conviction has a unique characteristic. Under this term, the court can charge and sentence a crime as either felonies or misdemeanors.

The determination of whether the judge treats a wobbler offense as either of the options mentioned above depends on various factors.

This includes the nature of the crime and the defendant's criminal history. Also, the presence of aggravating or mitigating circumstances can influence the conviction.

Who Can See the Criminal Record?

Understanding who can access a criminal record is crucial for people with prior convictions.

Law enforcement agencies, such as police departments, are among the main entities that can wholly access a person's criminal record.

They use the statements for investigative purposes, background checks, and other activities. This allows them to assess the criminal history of people involved in legal matters.

On the other hand, courts and probation departments can also see a convicted person's criminal record. They may use the information to monitor the defendant.

One of the most common concerns for people with a criminal record is its impact on employment opportunities. Many employers, especially those in sensitive industries, may request and review an applicant's history during recruitment.

In California, the Fair Chance Act (Government Code 12952) generally bars employers with five or more employees from asking about criminal history before making a conditional job offer. Labor Code 432.7 also bars employers from asking about or considering:

• Arrests that didn't lead to convictions.
• Referral to or participation in a diversion program.
• Convictions that were dismissed (expunged) or sealed.

On the other hand, potential tenants may also face questions about their criminal records. Landlords and real estate agents usually seek information regarding an applicant's history during the screening process.

Which Felony Can Be Reduced to a Misdemeanor?

The possibility of reducing a felony to a misdemeanor in California hinges on several factors. This makes it essential to understand the specific criteria that determine eligibility.

Courts characterize wobbler offenses by their flexibility in sentencing. Such violations are less strict than other convictions. Common wobbler crimes include:

• Second-degree burglary
• Assault with a deadly weapon (Penal Code 245(a)(1))
• Grand theft
• Vehicle manslaughter
• Money laundering

The key distinction for wobbler offenses is that they allow the court to exercise discretion in choosing the appropriate classification.

In this event, for a felony conviction to be reduced to a misdemeanor, three factors play a role:

Nature of the Offense

The specific penal code section under which the judge charges a person with a felony plays a part. Some offenses are inherently eligible for a reduction, while others may not be.

Prior Convictions

A person's criminal history is a critical consideration. Generally, people with minor misdemeanors or no offenses are more likely to be eligible for a reduction.

Aggravating Circumstances

The court evaluates the case's circumstances. This includes evidence, rehabilitation, and how the person contributes to society.

On top of that, the judge must also assess whether reducing a felony conviction to a misdemeanor would negatively impact public safety.

What Is California's Three Strikes Law?

Introduced in the early 1990s, California's "Three Strikes" law deters repeat offenders and protects society from habitual criminals.

The essence of the rule lies in its punitive approach to punishing criminals with multiple felony convictions.

Under this law, a prior conviction for a serious or violent felony counts as a "strike."

a. Second strike: A person with one prior strike who is convicted of any new felony faces double the normal term, served in state prison. Credits are limited to one-fifth of the term.

b. Third strike: A person with two or more prior strikes can face a life sentence with a minimum term of at least 25 years. They become eligible for parole after serving the minimum term.

Many argue the law leads to long sentences for non-violent, minor offenses. As a result, in 2012, California voters passed Proposition 36 (the Three Strikes Reform Act). It generally limits life sentences to cases where the third strike is a serious or violent felony, with some exceptions. For more, see What Is the 3 Strike Law in California?

Which Felonies Are Impossible to Expunge in California?

Expungement (a dismissal under Penal Code 1203.4) is a legal process that allows people with certain criminal convictions to clear their records. This provides them with a fresh start. However, not all felony convictions are eligible for expungement.

Probation Requirement

Penal Code 1203.4 applies only when the person was granted probation. A person who was sentenced to state prison cannot use it. A person who served a felony sentence in county jail under Penal Code 1170(h) may be able to petition under Penal Code 1203.41 instead.

Excluded Offenses

Penal Code 1203.4(b) excludes only certain offenses:

• Certain child sex offenses (Penal Code 286(c), 287(c), 288, 288.5, and 289(j)),
• Felony statutory rape under Penal Code 261.5(d),
• Offenses involving obscene matter depicting minors (Penal Code 311.1, 311.2, 311.3, and 311.11), and
• Certain misdemeanor violations of Vehicle Code 42002.1.

Many other offenses, including many that require sex offender registration and most statutory rape convictions, can still be eligible.

Record Sealing

Penal Code 1203.425 (expanded by SB 731) also provides for sealing of many convictions, including some felony convictions, after the sentence is complete and a waiting period has passed.

The Limitations of Expungement Under California Law

It's important to note that expungement does not entirely erase or destroy a person's criminal record. Instead, it creates a different entry in the statement. This shows the court dismissed a felony conviction.

Certain convictions are ineligible for expungement, as discussed previously. To have their record expunged, the person generally must have completed probation. However, the court can still grant relief in its discretion and in the interests of justice even if probation was not fully completed. An unpaid restitution order cannot be the reason for a denial. Also, they need to resolve all pending charges.

On the other hand, people with driver's licenses suspended by the Department of Motor Vehicles (DMV) will still be unable to drive on California roads.

The Many Benefits of Expungement

One of the primary benefits of expungement is access to workplaces. With a fresh background, people can legally answer "no" when employers ask about prior conviction cases during recruitment.

There are a few other benefits of expungement:

• Housing Prospects

Anyone convicted of a felony or misdemeanor will have difficulty purchasing or renting a property in California. However, an expunged record provides a better chance of securing safe and stable housing.

• Gun Rights

Expungement does not restore gun rights. A person who is barred from owning or possessing a firearm stays barred after an expungement.

• Educational Opportunities

With a clean slate, ex-convicts may have more access to colleges and vocational training.

• Immigration

A criminal record can pose a risk of deportation or citizenship denial for non-US citizens. Expungement generally does not help with immigration, because the conviction still counts for immigration purposes. A conviction vacated for a legal defect, for example under Penal Code 1473.7, is treated differently. Non-citizens should talk to an immigration attorney.

• Social Benefits

On the other hand, reducing felony convictions to misdemeanors or expungement can bring family and social benefits. It can lead to strong relationships in the community.

• Financial Improvement

Expungement or reducing a felony conviction to a misdemeanor can make securing loans, credit cards, etc., more accessible.

How Long Is the Expungement Process?

The expungement process in California involves several steps, and the duration can vary depending on different factors. This includes the complexity of the case and the court's caseload.

Seeking Legal Advice

Regarding expungement, the first step is to seek legal advice from a criminal defense attorney. The initial consultation lets the criminal defense attorney assess the defendant's eligibility.

Gathering Necessary Documents

Once the client decides to pursue expungement of their felony or misdemeanor, the next step is to collect crucial documents. This includes court records, sentencing orders, probation/parole statements, etc.

Filing for Expungement

Afterward, the defendant must submit the documents to the court. The timeline for this step depends on the court's procedure and schedule. It typically takes a few weeks to complete this phase.

Preparing for the Hearing

If the judge declares a hearing date, the person convicted must prepare for this stage of the process.

Preparation may include gathering references, creating a solid case, and ensuring all documents are in order. The timeline depends on how long the defendant needs to prepare and the court's caseload.

Final Expungement Hearing

The final expungement hearing is when the court reviews the petition and makes a decision. In this event, the length of the final hearing can vary. It can be anywhere between a few weeks to a month or two.

Final Words

California has specific rules for allowing expungement. However, the possibility of reducing a felony to a misdemeanor is subject to different requirements and limitations.

Similar to expunging a criminal record, lessening a felony conviction to a misdemeanor depends on how severe the crime is. Legal professionals play a vital role in guiding clients through the processes. Goss Law has answers to questions such as Will a felony show up after 7 years in California?

As stated above, not everyone can reduce the conviction (felony to a misdemeanor). Only the offenses listed in Penal Code 1203.4(b) are barred from expungement, and expungement under that section requires a grant of probation.

Qualified lawyers from reputable law firms can help defendants understand the best possible outcomes for their cases. A criminal defense attorney has the knowledge and resources to navigate such instances.