How can I reduce my felony conviction to a misdemeanor?

Posted by Chris Morales on Mon, Mar 04, 2013 @ 11:03 AM

 

Having a felony record is worse than having a misdemeanor. Did you know that it is possible to reduce your felony conviction into a misdemeanor?  If you have a felony record you are unable to possess firearms or obtain certain types of jobs. If you reside in California there are about 140 different crimes that can be considered either felonies or misdemeanors. These are referred to as wobblers it all depends on the circumstances if you will be able to wobble a felony to a misdemeanor with the help on an attorney.

Crimes that may be “Wobblers” in California:

Penal Code

Crime

245a

Assault with a Deadly Weapon

242

Battery

243b

Battery on a Police Officer

243.4

Battery- Sexual

273.5

Battery- Spouse

243.3

Battery- Transit Personnel

337a

Bookmaking

459

Burglary-Second Degree

273a

Child Abuse

280

Child Concealing

278

Child Stealing

12025b

Concealed Weapon without license by convicted felon

182(4)

Conspiracy to cheat, Defraud or obtain money by false pretenses

288a

Copulation with Minor between 16-18

537a2

Defrauding Hotel, Restaurant of over $400

246

Discharging Firearm in Building

503

Embezzlement

266

Enticing Female under 18 for Prostitution

148.1a

False Bomb Report

236

False Imprisonment

476a

Fictitious Check

470,484f

Forgery, Credit Card Forgery

487,484g

Grand theft, use of stolen credit card for more than $400 within a 6 month period

192c,1,3

Involuntary Manslaughter Vehicle

475

Possession of forged Bill or checks

496

Receiving stolen property

4550 (2)

Rescuing a prisoner

246

Shooting at a dwelling

532

Theft- False Pretenses

452

Unlawfully Causing fire

261.5

Unlawful sexual intercourse with minor female

594b

Vandalism – Damages Exceed $5,000

Health & Safety Code

Crime

11368

Forgery or alteration of a prescription

11366

Maintaining Place for purpose of selling narcotics

11363

Planting and harvesting peyote

11357a

Possession of Concentrated Cannabis

Vehicle Code

Crime

20001

Hit and Run with personal injury

10851

Vehicle theft

 

If you were convicted of a “wobbler” and your attorney believes that they can reduce your felony into a misdemeanor you will need to first fill out a petition. It is best to wobble the felony into a misdemeanor and from there you can later get the misdemeanor conviction dismissed.

Another way you can help yourself is by applying for a certificate of rehabilitation. You can do this by filling a petition in the superior court in the county that you are currently living in. Just know that there are certain periods that you have to wait between the time you were released from prison or discharged from probation/parole before applying. If your petition is successful the court will declare you “rehabilitated” and recommend the governor to grant you a full pardon. This certificate does not remove your felony record but according to the law any person who has a certificate of rehabilitation shall not be denied a license solely on the ground of the felony record.  

If you have any question regarding wobblers and applying to a certificate of rehabilitation feel free to contact me. Below is a link to my website for further questions. 

http://cleanupcriminalrecord.com/index.php?p=1_4_About

 

Call if us if you have questions regarding your criminal record

 

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