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.
