San Jose Criminal Law Office

Question: I have an old felony conviction. Can I go back to court and get it reduced to a misdemeanor?

Answer: Some felonies may not be reduced. Those are usually serious felonies, but can include possession for sale of drugs, simple possession of certain drugs, false imprisonment, depending on how it is charged, and even some Vehicle Code offenses. If you have been to state prison on a crime, it can never be reduced to a misdemeanor. Many felonies are alternative felony-misdemeanors, where the Code permits punishment in either the state prison or the county jail. If you have been given probation or a county jail sentence for those crimes, you may petition the court to have them reduced to misdemeanors. It is not automatically granted. You do not have a right to a re-classification, as in a record clearance. They must be dealt with on a case by case basis. It is best to involve a lawyer if you have questions about re-classifying a felony to a misdemeanor.

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