PC 496 Wobbler
Clearing a receiving stolen property conviction
This charge catches a lot of people who were not the ones who stole anything, and it reads on a record exactly like the theft itself.
What makes this charge different
- Proposition 47 reclassified receiving stolen property of $950 or less as a misdemeanour
- It is a wobbler independently of Proposition 47
- Employers rarely distinguish it from theft, which makes the reduction to a misdemeanour disproportionately valuable
What this charge is
Penal Code 496 makes it an offence to buy, receive, conceal or withhold property knowing it was stolen. You do not have to have stolen it.
Felony or misdemeanour?
It is a wobbler, so a felony conviction may be reducible under Penal Code 17(b). Proposition 47 separately reclassified cases where the property was worth $950 or less.
Which relief applies
Check Proposition 47 first, because it is the cleaner route where the value qualifies. Otherwise the 17(b) reduction. Then the dismissal under 1203.4.
The thing to watch out for
How it reads. An employer looking at a background check does not usually distinguish between stealing something and receiving it, and both get filed mentally under dishonesty. That is why getting it down to a misdemeanour and then dismissed is worth the extra step here.
The law that applies
- Proposition 47 reclassification — It lets a person who has completed a sentence for a qualifying felony apply to have the conviction designated a misdemeanour.
- 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.
- 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 did not steal anything.
Legally that is correct and it is a different offence. Practically, employers rarely read it that way, which is the argument for clearing it properly rather than leaving it.
How do I know if Proposition 47 applies?
It turns on the value of the property, which the charging document usually states. The records review establishes it.
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.