Using Proposition 47 to Change Your Criminal Record

Under California’s Proposition 47, a variety of specific nonviolent felonies can be reduced to misdemeanors.

The following charges are eligible for relief under Prop 47:

  • Simple drug possession
  • Receiving stolen property valued at $950 or less
  • Shoplifting goods valued at $950 or less
  • Petty theft of property valued at $950 or less
  • Passing “bad” checks
  • Forgery valued at $950 or less

Unfortunately, although specific criminal charges may be reduced under prop 47, not all defendants are eligible. For example, individuals required to register under PC 290 are not eligible. A complete list of ineligible offenses can be found here:

http://www.sandiegocounty.gov/content/sdc/public_defender/Prop47Excludable.html

Please note:

We are ready and able to help secure a Prop 47 reduction for eligible individuals.

Frequently Asked Questions

Q. What does Prop 47 do?

A. On November 4, 2014, California Voters passed Proposition 47, thus reducing a number of lower level felony crimes to misdemeanors, such as simple drug possession, petty theft and similar charges.

Q. Which felony charges can be converted to a misdemeanor?

A. The following felonies are eligible:

  • Penal Code §496 – Receiving Stolen Property valued less than $950
  • Health & Safety Code §11357(a) – Possession of Concentrated Cannabis
  • Health & Safety Code §11350 – Possession of Controlled Substance
  • Health & Safety Code §11377 – Possession of Methamphetamine
  • Penal Code §484, §484/§666 Petty Theft/Shoplifting less than $950
  • Penal Code §487 – Grand Theft less than $950
  • Penal Code §476a – Bad Checks/Fraud less than $950
  • Penal Code §470-476 – Forgery less than $950
  • Penal Code §459 – Shoplifting/Commercial Burglary less than $950

Q. What if I am already in Jail, can I be re-sentenced?

A. YES! Defendants who are currently serving time for one of the above-referenced crimes may be able to have the charges modified, clearing the way for re-sentencing and early release.

Unfortunately, those required to register under Penal Code §290 and those with other, more serious criminal histories may not be eligible.

Q. What do I have to do to get resentenced?

A. We will guide you through the process of securing Prop 47 relief.

Q. What about old felonies? Can I get Prop 47 relief for them even if it has been a few years?

A. Absolutely! Prop 47 is retroactive. Regardless of how many years ago it was, eligible felonies can be modified under prop 47.

Q. Will I need to see a Judge?

A. Usually not, court hearings are generally not necessary if the petition is completed and filed correctly. However, a hearing may be necessary for situations than can’t be resolved otherwise.

Q. If I'm still in jail or prison when my felony is reduced, will I get out early?

A. Possibly. There are a variety of factors and each case is different. Generally, though, if you have been in jail for more than a year, and no other cases or charges are pending against you, you will be released quickly since a year is the maximum sentence for a single misdemeanor. If you are in prison and there is some time still owed for a misdemeanor, you may be transferred to a County Jail to finish the sentence.

Q. Does relief under Prop 47 eliminate the requirement to pay restitution?

A. No. Restitution is how a victim is made whole for any losses, that does not change under Prop 47. Fines and fees assessed by the Court could be reduced to an amount suitable for the misdemeanor.

Call 760-610-6109 So We Can Discuss Your Case

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Our legal team handles a wide range of criminal court cases, including:

  • DUI/DWI/BUI
  • Drunk in Public
  • Domestic Violence
  • Drug Crimes
  • Prop 47 Cases
  • Expungements
  • Evading Arrest
  • Juvenile Crimes
  • Probation Violations
  • Traffic Offenses
  • Theft Crimes
  • Violent Crimes
  • Weapons Charges
  • White Collar Crimes

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