Can qualified offenders who have been convicted of a criminal offence under section 1170.18, subdivision (k) of the Penal Code receive relief from the Court of Appeal when their criminal conviction has been reduced to a misdemeanour?

California, United States of America


The following excerpt is from People v. Khamvongsa, 214 Cal.Rptr.3d 623, 8 Cal.App.5th 1239 (Cal. App. 2017):

People v. Sanders , supra , 55 Cal.4th at p. 741, 149 Cal.Rptr.3d 26, 288 P.3d 83.) To ensure qualified offenders who have had their prior felony convictions redesignated can gain relief from those collateral consequences, Penal Code section 1170.18, subdivision (k) specifies that "[a]ny felony conviction that is ... designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes ." (Italics added.)

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