PC 594 Wobbler
Clearing a vandalism conviction
Vandalism cases come with restitution more often than almost any other charge, and the belief that you cannot clear a record while you still owe it keeps people stuck for years. It is not true.
What makes this charge different
- It is a wobbler above $400 in damage, so the amount alleged decides whether a reduction is available
- Restitution orders are near-universal on this charge, and are the single biggest reason people wrongly believe they are ineligible
- Graffiti convictions can carry additional conditions and a longer probation term
What this charge is
Penal Code 594 covers defacing, damaging or destroying property belonging to someone else. It takes in graffiti, broken windows, keyed cars and a great deal of what happens at the end of an argument.
Felony or misdemeanour?
Damage under $400 is a misdemeanour. At $400 or more it is a wobbler and can be charged as a felony, which means a felony conviction may be reducible under Penal Code 17(b).
Which relief applies
After probation, the petition goes under Penal Code 1203.4. If the conviction is a felony and the offence is a wobbler, the reduction under 17(b) is usually worth doing first or at the same time.
The thing to watch out for
The restitution myth. California law states in terms that a petition for relief shall not be denied because an order of restitution or a restitution fine is unpaid, and that unpaid restitution is not grounds for finding you failed probation. Separately, most court-imposed fees were made uncollectible as of January 2022. The restitution itself is still owed to whoever you owe it to — it just does not block the petition.
The law that applies
- 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.
- 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.
Our flat fee for a case like this is $599, all in, with the court filing fee included. What that covers.
Common questions
I still owe restitution. Am I eligible?
Yes. The statute says a petition shall not be denied because restitution is unpaid. This is the most common piece of misinformation in this area and it costs people years.
My vandalism was a felony. Can it become a misdemeanour?
If the damage figure made it a wobbler, yes, a reduction under Penal Code 17(b) may be available. That is often the more valuable motion.
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.