Second, the person convicted of the felony crime must have been granted probation and not sentenced to state prison. In California, if probation was denied, and the person was sentenced to California state prison, you are not eligible for a reduction to a misdemeanor. Additionally, in California, most sex offenses, like rape cannot be reduced and/or expunged.
Many have inquired if it matters if he/she pled guilty or no contest. It makes no difference so long as you meet the two requirements above, a reduction and an expungement are both available. If you are presently on felony probation, a lawyer may file the necessary documentation and appear on your behalf in a hearing to request an early termination of probation. If you are no longer on probation, a lawyer must request that your case be placed on the court’s calendar and set a hearing for a misdemeanor reduction hearing.
How does the court decide whether your felony conviction should be reduced? The judge will review the following: (1) the nature of the crime; (2) the facts of how the crime was committed; (3) how well (or poorly) the defendant did on probation;; (4) the person’s life history; (5) his/her criminal record. With my clients, I always provide insight to the judge as to my client’s future hopes and ambitions. It indicates that my client is deserving of forgiveness. The judge may also note the prosecutor’s position so it is always to my client’s benefit that I have prior meetings with the prosecutor. During these discussions, I make it clear that my client made a mistake, admitted the mistake and is in the process of changing his/her life for the better.
How is a misdemeanor reduction related to an expungement? It is typically easier to seek from the court and an agreement from the prosecution a felony reduction before obtaining an expungement of the conviction. After successfully getting a reduction, then the second step of expunging the conviction from your record is the next obstacle.