PC 17(b)
Reducing a felony to a misdemeanour (PC 17(b))
For a lot of people this is the more valuable motion, and they have never heard of it. A dismissal clears the case; a reduction changes what the case was.
What it does
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.
What it does not do
It does not work on straight felonies, and it is not a dismissal. Most people want both, in that order.
California has a category of offences called wobblers: crimes the prosecutor could charge as a felony or as a misdemeanour. If yours was charged as a felony, section 17(b) lets you ask the court to declare it a misdemeanour instead — not retroactively pretending it was, but as a matter of law going forward, for all purposes.
Why this often beats an expungement
A dismissal under 1203.4 leaves a dismissed felony. A reduction under 17(b) leaves a misdemeanour. On a form that asks 'have you been convicted of a felony', the second answer is simply no. Licensing bodies, professional applications and housing forms frequently ask about felonies specifically, and a reduction answers that question in a way a dismissal does not.
Automatic relief does not do this
If the Department of Justice granted you automatic relief under Penal Code 1203.425, your felony is still a felony. Automatic relief adds a notation; it does not reduce the offence level. That is one of the clearest reasons to file something even when the State has already acted — and the Judicial Council's own petition form flags it.
Doing both, in the right order
The strongest outcome on a wobbler is the reduction followed by the dismissal: the case becomes a misdemeanour, then that misdemeanour is dismissed. Filed together it is one hearing and one trip. Done in the wrong order, or separately, it is two of each.
Who qualifies
- The offence is a wobbler — punishable as either a felony or a misdemeanour
- You were granted probation, or the sentence did not include state prison
- Probation is complete, or the court is willing to act
Who does not
- Straight felonies, which can only ever be felonies
- Offences requiring sex-offender registration, in most circumstances
The forms and how long it takes
Filed on CR-180.
- CR-180 — Petition for Dismissal (also used for 17(b))
Often heard on the same timeline as the dismissal, and frequently filed together with it so the court deals with both at one hearing.
Our flat fee for this is $649, all in, with the court filing fee included. See what that covers.
Common questions
How do I know if my felony is a wobbler?
The statute you were convicted under says whether the offence can be punished either way. Common wobblers include many theft, assault, drug and forgery offences. It is one of the first things a records review answers, and we will tell you before you buy anything.
Does a reduction get me my gun rights back?
Sometimes, and not reliably. The felony prohibition and the ten-year misdemeanour prohibition are separate rules, some misdemeanours carry their own lifetime prohibitions, and federal law adds another layer. We route every firearms question to an attorney rather than guessing.
Can I do this while still on probation?
Often yes — the court has authority to reduce a wobbler at several points, including while probation is running. Whether it is tactically the right moment is a different question.
Related relief
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.