Moreno

Mark Anthony Moreno successfully petitioned the superior court to reduce two prior felonies to misdemeanors and dismiss them pursuant to Penal Code section 1203.4. Thereafter, he petitioned the court for a certificate of rehabilitation under section 4852.01. The court denied the certificate of rehabilitation. Once Moreno’s prior convictions were reduced, they were misdemeanors “for all purposes” as directed by section 17, subdivision (b). As a misdemeanant, the court concluded Moreno was not eligible for a certificate of rehabilitation because he was no longer a “person convicted of a felony” described in section 4852.01.

We agree with the trial court’s construction of the relevant statutes. We also reject Moreno’s claim that denying him the ability to pursue a certificate of rehabilitation while the opportunity is afforded to felons violates equal protection of the law. As we shall explain, felons who have had their crimes reduced to misdemeanors and dismissed are not similarly situated to those who remain felons following completion of parole or probation. Thus, we affirm.

BACKGROUND

In 1971, Moreno was convicted of felony possession of barbiturates in San Mateo…