California, United States of America
The following excerpt is from People v. McGhee, E063409 (Cal. App. 2016):
"The procedure for a person who has completed the sentence for a crime reduced by Proposition 47 likewise contemplates filing in the superior court. Under section 1170.18, subdivision (f): 'A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors.' . . . No hearing on the application is required '[u]nless requested by the applicant' ( 1170.18, subd. (h)), and '[i]f the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor.' ( 1170.18, subd. (g).)" (People v. Diaz (2015) 238 Cal.App.4th 1323, 1329, italics omitted.)
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