Reduction of A Felony to A Misdemeanor

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Certain types of felonies can be reduced to misdemeanors. A reduction from a felony to a misdemeanor prevents the prosecution from using the felony in a later arising event requiring a felony conviction, such as a felon-in-possession of a firearm offense.

You can request that a felony be reduced to a misdemeanor while on probation, after probation has expired and after an expungement has occurred.

However, if the conviction was a strike under the Three Strikes Law it will remain a strike unless the reduction to a misdemeanor occurred at the time of the initial sentencing. Also the federal government can still consider the conviction a felony for purposes of its federal gun statutes.

 

 

 

 

 

 

 

 

 

 

 

 

 

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Last Updated: 10/2014