Reducing a Felony to a Misdemeanor

Who’s Eligible? The court’s authority to reduce a felony to a misdemeanor comes from Penal Code section 17(b).  If a person has been convicted of a felony that is a “wobbler” (a legalese term for a crime that could be charged as a misdemeanor...

Prop 64 Resentencing for Marijuana Crimes

Prop 64 Allows People Convicted of Certain Marijuana Offenses to be Resentenced and Have Their Offense Reduced or Invalidated! Good news!  If you were convicted of one of many marijuana crimes prior to the passage of Prop 64 (Nov. 2016), you may be eligible to have...

Veterans Diversion Under Penal Code 1170.9

Introduction In addition to pre-plea military diversion under Penal Code section 1001.80 for those charged with a misdemeanor offense, PC 1170.9 provides post-plea military diversion for those charged with probation eligible felonies and misdemeanors.  Thus, 1170.9...

Infraction Expungement, Can This be Done?

Infraction expungement is possible, with the exception of most traffic infractions (like speeding tickets).  This means for example that if you were cited for being a minor in possession of alcohol as an infraction, or for shoplifting as an infraction, you could get...