PC 503 Wobbler
Clearing an embezzlement conviction
Embezzlement is the single hardest conviction to carry into an office job, because it tells a prospective employer a story about trust specifically.
What makes this charge different
- It is charged as petty or grand theft depending on value, so Proposition 47 reaches cases of $950 or less
- Restitution orders are almost universal and are usually large, and they do not bar the petition
- It is the offence most likely to be deemed substantially related to work in finance, accounting, insurance and real estate licensing
What this charge is
Penal Code 503 defines embezzlement as the fraudulent appropriation of property by someone it was entrusted to. It is prosecuted as theft, which means the value decides whether it is petty or grand.
Felony or misdemeanour?
Where it is charged as grand theft it is a wobbler, so a felony conviction may be reducible under Penal Code 17(b). Where the value was $950 or less, Proposition 47 may reclassify it.
Which relief applies
Reduction or reclassification first, then the dismissal under 1203.4. On this charge the order genuinely matters, because the difference between a dismissed felony and a dismissed misdemeanour is what an employer sees.
The thing to watch out for
Restitution, and the fact that it does not stop you. Embezzlement restitution orders are often in the tens of thousands, and people assume they must clear the balance before petitioning. California law says the opposite in terms: a petition shall not be denied because restitution is unpaid, and unpaid restitution is not grounds for finding you failed probation. You still owe it. It does not block this.
The law that applies
- Felony reduced to misdemeanour (PC 17(b)) — For an offence that could have been charged as either a felony or a misdemeanour — a wobbler — the court can declare it a misdemeanour for all purposes.
- Proposition 47 reclassification — It lets a person who has completed a sentence for a qualifying felony apply to have the conviction designated a misdemeanour.
- Expungement (PC 1203.4) — The court lets you withdraw your plea or sets aside the verdict, then dismisses the case, which releases you from most of the penalties of the conviction.
Our flat fee for a case like this is $999, all in, with the court filing fee included. What that covers.
Common questions
I still owe a lot of restitution.
It does not bar the petition. The statute is explicit, and it is the single most valuable thing on this page.
Will I ever work in accounting again?
A licensing board may not deny a licence based on a conviction dismissed under section 1203.4, though embezzlement is the kind of offence a board will examine closely for whether it is substantially related to the work. Having the court order to produce matters.
Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.