The expungement process differs significantly depending on whether your conviction is a misdemeanor or felony. Here’s a side-by-side comparison.
Side-by-Side Comparison
| Factor | Misdemeanor | Felony |
| Eligible? | Almost always | Only “wobblers” (crimes that can be misdemeanors) |
| Extra step needed? | No | Yes — PC 17(b) reduction first |
| Probation requirement | Must complete | Must complete |
| Court hearing | Often waived | Usually required |
| DA opposition | Rare | More common |
| Timeline | 4–8 weeks | 3–6 months |
| Cost at Superior Court Docs | $499 | $599–$799 |
| Success rate | Very high (~90%+) | High (~75–85%) |
Misdemeanor Expungement
Misdemeanor expungement is relatively straightforward: 1. Confirm eligibility 2. File petition (CR-180) 3. Serve the DA 4. Court grants (often without hearing)
Common misdemeanors we help expunge: – DUI – Petty theft / shoplifting – Simple assault/battery – Drug possession – Vandalism – Trespassing – Disturbing the peace – Reckless driving
Felony Expungement
Felony expungement is a two-step process for “wobbler” offenses:
Step 1: Reduce to Misdemeanor (PC 17(b))
File a motion asking the court to reclassify your felony as a misdemeanor. The judge considers: – The nature and circumstances of the offense – Your criminal history – Your conduct since conviction – The interests of justice
Step 2: Expunge the Misdemeanor
Once reduced, file the standard expungement petition (PC 1203.4).
Important: Only “wobbler” felonies can be reduced. Straight felonies (like murder, rape, or carjacking) cannot be reduced to misdemeanors and generally cannot be expunged.
What Is a “Wobbler”?
A wobbler is a crime that can be charged as either a felony or a misdemeanor, at the prosecutor’s discretion. Common wobblers include: – Assault with a deadly weapon (PC 245) – Grand theft (PC 487) – Forgery (PC 470) – Vandalism over $400 (PC 594) – DUI with injury (VC 23153) – Burglary (PC 459 — second degree) – Domestic battery (PC 273.5) – Sexual battery (PC 243.4) – Certain fraud offenses
How Superior Court Docs Can Help
Whether your conviction is a misdemeanor or felony wobbler, Superior Court Docs prepares your complete petition — including the PC 17(b) reduction motion for felonies.
📞 (213) 973-7248 or get started.
Related: Complete Expungement Guide | Eligibility | Step-by-Step Process
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