- What Offenses Can Be Reduced under Prop 47?
- Prop 47 Drug Possession Offenses
- Prop 47 Theft, Fraud, and Forgery Convictions
- Are There any Disqualifications?
- Where is a Prop 47 Petition filed?
- Does a Prop 47 Reduction Restore Gun Rights?
- When Can I Apply for a Prop 47 Reduction?
- Does Prop 47 Apply to Convictions that Occurred Prior to the Proposition Passing?
- Retain us to Handle Your Prop 47 Reduction
Prop 47 FAQ – Created by the Law Firm of Richard Glen Boire.
Our law firm can reduce your felony under Prop 47. We have prepared this Prop 47 FAQ as a public service.
On November 5, 2014, Proposition 47 (Prop 47, “The Safe Neighborhoods and Schools Act”) opened a three-year window to petition to have a wide-range of previous felony offenses reduced to misdemeanors. Prop. 47 has been codified under Penal Code § 1170.18.1
What Offenses Can Be Reduced under Prop 47?
Under Prop 47 the following felony drug possession offenses can be reduced to misdemeanors:
- Health & Safety Code § 11350 (simple possession of heroin and cocaine.)
- Health & Safety Code § 11357(a) (possession of concentrated cannabis (hashish)
- Health & Safety Code § 11377 (simple possession of methamphetamine)
Under Prop 47 the following theft, fraud, and forgery convictions for $950 or less, can be reduced to misdemeanors:
Penal Code, § 459 (2nd degree (commercial) burglary), so long as the value does not exceed $950.
Penal Code, §§ 470, 471, 472, 473, 475, 476, 484f, & 484i 473 (forgery of a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order”), when the total value of all the items does not exceed $950. In addition to the general disqualification for Super Strikes, this section of Prop 47 “shall not be applicable to any person who is convicted both of forgery and of identity theft, as defined in Section 530.5.”
Penal Code, § 476a (nonsufficient funds, also known as “check kiting”), if the total amount of the checks is less than $950, and the defendant does not have three or more priors for violating Penal Code, §§ 470, 475, or 476.
Penal Code, § 496 (receiving stolen property), if the value of the property received does not exceed $950.
Penal Code, § 666 (petty theft with a prior), if the value of the property stolen does not exceed $950.
Are There any Disqualifications?
Yes. As noted above, only some felonies can be reduced under Prop 47. Your offense must be one of the offenses that is included in Prop 47.
In addition, for the theft offenses that are eligible for reduction under Prop 47, you are excluded from relief if the amount was $951 or more.
Lastly, you are disqualified from relief under Prop 47 if you are required to register as a sex-offender, or if you have a “super strike.”2
Where is a Prop 47 Petition filed?
The petition is filed in the same court that you were convicted in. If you have multiple convictions in one county, you may be able to file just one petition, but it depends on the specific county and its rules. If you have multiple convictions in different counties, you must file in each county.
Does a Prop 47 Reduction Restore Gun Rights?
No. Gun rights are not restored when a felony is reduced under Prop 47. If you are seeking to restore your gun rights, a Prop 47 reduction will not help you. You may, however, benefit from a felony reduction under Penal Code 17, or see our general page on restoring gun rights.
When Can I Apply for a Prop 47 Reduction?
A person can apply anytime so long as it is before November 5, 2017. After November 5, 2017, a Prop 47 petition is untimely, unless you prove “good cause.”
If you are currently in custody you must meet all the criteria discussed earlier in the FAQ, plus the judge must also find that you do not pose an “unreasonable risk of danger to public safety.”
Does Prop 47 Apply to Convictions that Occurred Prior to the Proposition Passing?
Yes! Prop 47 is retroactive.
Retain us to Handle Your Prop 47 Reduction
Since 1990, our law firm has specialized in helping people with criminal convictions move on with their lives. We are nationally recognized for our expertise at all post-conviction relief. We’ve reduced many old felony convictions under Prop 47. If you need a skilled and successful California Prop 47 attorney, please consider hiring us to handle your case.