What does Penal Code 17B motion do after a charge is dropped to a misdemeanor? What rights are restored and what stays the same?

Asked almost 4 years ago - Los Angeles, CA

I was convicted guilty of P.C. 245 (A)(1). After conviction I was on probation for one year. After termination of my probation my case was dropped to a misdemeanor through P.C. 17 B motion. I was also convicted at a later date for a Felony P.C. 12020 (A)(1) Possession of a Weapon, but This case was dropped to a Misdemeanor through Penal Code 17 B BEFORE probation. My question is what rights are restored and what stays the same for restrictions? Do I obtain all my rights? What does a Post conviction-relief Penal Code 17 B motion really do?

Does it matter the fact that my P.C. 245 CASE was dropped to a misdemeanor after Probation and not Before like my P.C. 12020 CASE which was dropped BEFORE probation and not after?

I am greatly appreciated for your time and answers Thank You.

Attorney answers (2)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . It really doesn't matter whether the reductions occurred before or after probation. A 17(b) motion makes a felony a misdemeanor for all purposes. That means you have none of the disabilities that would attach to a felony conviction. Under CA law, It is unlawful for anyone convicted of a felony, or who is a drug addict, present or former mental patient, ever committed for mental observation, or acquitted by reason of insanity to own or possess any firearm.

    However, people with certain misdemeanor convictions involving force or violence may not possess or own any firearm within 10 years of the conviction. In your case your 245(a)(1), even if reduced to a misdemeanor, would prohibit you from owning or possessing a firearm.

  2. Ronald Daniel Hedding

    Pro

    Contributor Level 14

    Answered . It does not matter whether your cases is dropped to a misdemeanor before or after probation. Based on the limited information you have presented, if the incident involved anything related to domestic violence you would lose your ability to own, use or possess a gun and bullets for 10 years. I would have to look at the circumstances of the case to give you a definitive answer on the rest of your constitutional rights.

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