What section 17(b) actually does.
Penal Code section 17 defines the difference between a felony and a misdemeanour. Subdivision (b) is the part that matters for record relief.
Where a crime is punishable, in the discretion of the court, either by imprisonment in state prison or in county jail under section 1170(h), or alternatively by fine or county jail — that offence is what practitioners call a wobbler. Section 17(b) provides that in listed circumstances such an offence is a misdemeanour for all purposes.
Read those last four words carefully. Not "treated as". Not "for some purposes". For all purposes. That is why a 17(b) reduction is usually worth more than a dismissal, and why it is the first thing I look at when someone calls about a felony record.
Section 17 was amended by Stats. 2025, Ch. 611 (AB 321). Anyone relying on guidance written before this year should have it checked against the current text.
Why it usually beats a dismissal.
A dismissal under 1203.4 sets a conviction aside. A reduction under 17(b) changes what the conviction was.
That difference matters most where a felony as such is the disqualifier — some professional licences, some housing, some employment categories, and certain firearm consequences that attach to felony convictions specifically rather than to conduct.
The two are not alternatives. Where both are available the usual sequence is reduction first, then dismissal, and the combination does more than either on its own. See Penal Code 1203.4.
What it does not do: a reduction does not by itself restore firearm rights where a separate prohibition applies, and it does not reach an offence that is a straight felony rather than a wobbler.
What usually matters.
Whether the offence is actually a wobbler. This is the threshold question and it is answered by the sentencing provisions of the section you were convicted under, not by how serious the case felt.
What the sentence was. The circumstances in 17(b) turn on how the case was disposed of, so the judgment matters as much as the charge.
What you need it for. A reduction sought for a specific licensing problem is a different application from one sought generally, and saying so tends to help.
Your conduct since. This is discretionary relief. What you have done in the intervening years is genuinely part of the argument.
How I handle these.
- Pull the record first. Not the version you remember — the actual disposition. Half the questions people ask me about eligibility are answered by the record itself.
- Check whether relief has already happened. Automatic relief means some people are paying to file something they do not need.
- Work out which remedy, or which combination. Reduction, dismissal and sealing do different things, and the right answer depends on what you actually need it for.
- File it properly. These are petitions with requirements, and the avoidable failures are procedural rather than substantive.
- Tell you plainly what it will and won't change. Before you decide, not after.
Where I handle these.
Across ten Northern California counties, from offices in Sacramento at 701 E Street and Roseville at 970 Reserve Drive, Suite 116. Licensed since 1999, State Bar number 203402. Record relief petitions are filed in the county where the conviction happened, so the county matters here.
Questions I hear most.
What is a wobbler?
An offence punishable, in the court's discretion, either as a felony or as a misdemeanour. Whether yours is one is determined by the sentencing provisions of the section you were convicted under.
Does a 17(b) reduction make it a misdemeanour for everything?
The statute says the offence is a misdemeanour "for all purposes" in the listed circumstances. That is stronger language than most record-relief remedies use, though certain consequences attached to the original conduct can persist.
Should I do a reduction or a dismissal?
Where both are available, usually both — reduction first, then dismissal. They do different things and the combination is worth more than either alone.
Can any felony be reduced?
No. Only wobblers. A straight felony is outside section 17(b) entirely, which is why the first question is always which section you were convicted under.
The statutes on this page
Statutory text checked against the California Legislative Information site on 6 August 2026. Record relief law in California has changed repeatedly in recent years — if you are reading this well after that date, ask rather than relying on it.
I treat my clients the way I would want an attorney to treat my mother, if she met with one. Call (916) 277-8299. The consultation is free.
