Prop 47

On November 4, 2014, the California Voters passed Proposition 47, also known as “The Safe Neighborhoods and Schools Act.”

Proposition 47 reduces certain crimes that were felonies to misdemeanors and allows defendants who are serving time for such a crime to petition the Court to be resentenced to a misdemeanor. It also allows defendants who have completed serving their sentence on that felony to apply to have the conviction designated as a misdemeanor.

If you have been convicted either by trial or plea and are currently serving a sentence for an eligible felony charge under Proposition 47 you are eligible Penal Code §1170.18 (a) – (e).

If you have been convicted by trial or plea and have completed your sentence for an eligible felony charge. You are eligible under Penal Code §1170.18 (f) – (i).

Your Petition or Application must be filed with the Court prior to November 5, 2017, unless good cause is shown for a later filing.

IF YOU HAVE A CONVICTION FOR A QUALIFYING FELONY and you are not disqualified you may ask your sentencing judge to reduce your conviction to a misdemeanor.

The eligible charges are:

  • Penal Code §459 2nd Degree Burglary (shoplifting burglaries only)
  • Penal Code §470, subsections (a) and (d) Forgery of instruments listed in § 473(b)
  • Penal Code §475 Possession of a forged instrument listed in §473(b) with intent to defraud
  • Penal Code §476(a) Writing Bad Checks
  • Penal Code §476 Passing forged Instrument listed in § 473(b) with intent to defraud
  • Penal Code §487 Grand Theft, subsections (a)-(d)
  • Grand Thefts listed in Penal Code §§487a, 487b, 487d, 487g, and 487i
  • Penal Code §496 Receiving Stolen Property
  • Penal Code §666 Petty Theft With A Prior
  • Health & Safety Code §11350 Unlawful Drug Possession
  • Health & Safety Code §11357(a) Unlawful Drug Possession
  • Health and Safety Code §11377(a) Unlawful Drug Possession

Note: The Penal Code charges listed above qualify only if the value of the check or property does not exceed $950.00.

YOU DO NOT QUALIFY for a reduction of a qualifying felony to a misdemeanor if any of the following apply to you:

  • You must register as a sex offender under Penal Code section 290(c). (Note, if your conviction is for petty theft with a prior theft conviction under Penal Code § 666, you are disqualified for a reduction if you must register under any provision of the Sex Offender Registration Act, Penal Code §§ 290 to 290.024).
  • You have a prior conviction for any homicide (Penal Code §§ 187 to 191.5), attempted homicide or solicitation to commit murder.
  • You have a prior conviction for a sexually violent offense listed in Welfare and Institution Code section 6600(b). This includes rape, spousal rape, rape in concert, aggravated sexual assault of a child, sodomy, lewd acts on a child under 14, oral copulation, continuous sexual abuse of a child under age 14 and sexual penetration, kidnapping with the intent to commit one of those offenses, and or assault with the intent to commit one of those offenses, when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person.
  • You have a prior conviction for any serious or violent felony punishable by death or life in prison.
  • You have a prior conviction for possession of a weapon of mass destruction.
  • You have a prior conviction for assault on a peace officer or a firefighter with a machine gun.