What is the process for getting a felony “wobbler” conviction reduced to a misdemeanor, and then expunged?

If you want to reduce your felony conviction to a misdemeanor AND get your conviction expunged, it is generally very easy to do both at the same time! In fact, the Petition for Dismissal (Form CR—180) that you must file to get your conviction expunged has a box that you can check to say that your conviction is also eligible to be reduced and to request it.

Then, when you have your court hearing for your expungement, the judge will consider both requests—first your request to reduce the conviction to a misdemeanor, and then your request to have it expunged. If you meet all the requirements, the judge usually will grant both of your requests together. (For a list of the requirements for reducing a felony to a misdemeanor, see PG. 968. For a list of requirements to get your conviction expunged, see PG. 960.) For more details on how to get your felony conviction reduced to a misdemeanor, see APPENDIX R, on PG. 1035.

If the judge does NOT reduce your felony to a misdemeanor, or if your felony is only eligible for reduction but not expungement, you may need to file a separate petition to get it reduced. It is recommended that you ask a lawyer to help you with this. For more information about filing a separate petition to ask for your felony conviction to be reduced, see APPENDIX R, on PG. 1035.