Proposition 47

See if you qualify

Theft Offenses

Example #1: Johnny was convicted of receiving stolen property, a felony, in 2013. The stole property was valued at $500.  Had Proposition 47 been in effect at the time of Johnny’s conviction, Johnny could have only been convicted of a misdemeanor and not a felony because the value of the property was less than $950. Johnny can petition the court to redesignate his felony conviction to a misdemeanor if the value of the property did not exceed $950.

Example #2: Johnny was convicted of grand theft, a felony, in 2013. The property was valued at $1,000.  Had Proposition 47 been in effect at the time of Johnny’s conviction, Johnny would have been convicted of a felony, not a misdemeanor, because the value of the property exceeded $950.  Johnny cannot petition the court to redesignate his felony conviction to a misdemeanor. (Johnny could seek relief under Penal Code section 17, subdivision (b).)

Drug Offenses

Example #1: Johnny was convicted of possession of cocaine, a felony, in 2013.  Johnny had 1 gram of cocaine when he was arrested. Under Proposition 47, possession of cocaine is no longer a felony, so Johnny could have only been convicted of a misdemeanor. Johnny can petition the court to redesignate his felony possession of cocaine conviction to a misdemeanor.

Example #2: Johnny was convicted of possession of cocaine, a felony, in 2013.  Johnny had 1 pound of cocaine when he was arrested. Even though possession of cocaine is no longer a felony under Proposition 47,  Johnny cannot petition the court to redesignate his felony possession conviction because Johnny did not possess a personal amount of cocaine.

Am I Eligible?

Proposition 47 requires that defendants be sentenced to misdemeanors, instead of felonies, for “non-serious, non-violent” drug-related and theft-related offenses unless the petitioner has a prior conviction for a particularly heinous offense or for an offense requiring them to register as a sex offender. Some heinous felonies that may disqualify a petitioner for Proposition 47, include, but are not limited to:

(1) any offense punishable in California by life in prison or death

(2) violent sex offenses, sex offenses against minors under the age of 14

(3) murder, attempted murder

(4) assault with a machine gun on a police officer

(5) possession of a weapon of mass destruction.

Additionally, petitions for resentencing and reclassification must be filed on or before November 4, 2022. A petition may be filed after November 4, 2022,  upon a showing of good cause. Surprising no one, our legislatures have not defined what exactly “good cause” is in this setting. (Don’t worry, if you don’t qualify for relief from Proposition 47, you may qualify for relief under Penal Code section 17, subdivision (b).)

Is There a Hearing?

After filing your petition, what happens next depends on whether you are seeking a record change or whether you are seeking resentencing. Persons seeking a “record change” have already served time on their conviction. “Record change” petitions do not require a hearing unless the petitioner requests one. On the other hand, those seeking “resentencing” are currently serving their felony sentence. Therefore, “resentencing” petitions will require a hearing. Accordingly,

(1) If you are eligible and are only seeking a record change for your prior conviction, the court must grant your petition.
(2) If you are eligible and are seeking resentencing on your current conviction, the court will hold a hearing to determine whether resentencing you would pose an unreasonable risk of danger to public safety.

Example #1: In 2013, Johnny was convicted of a felony that would now be considered a misdemeanor under Proposition 47. Johnny was sent to prison. Johnny files a petition to reduce his conviction. Since Johnny is seeking resentencing, the court is required to hold a hearing to determine whether Johnny would post an unreasonable risk of danger to public safety.

How Do I Get Started?

Let Go Legal has made the process easy for anyone seeking to reduce their felony conviction to a misdemeanor pursuant to Proposition 47. We start with a preliminary case evaluation to determine whether you qualify for relief. If we determine during our initial assessment that you qualify for relief, we will then obtain all requisite documents on your behalf to confirm that you are eligible for expungement relief. After obtaining your documents, we then start on your petition. After drafting your petition, we have the petition filed with the court. We also have the district attorney served, and depending on the particulars of the case, even the probation department. There is nothing you need to do except reach out.

As explained above, Let Go Legal handles all matters on your behalf. If your petition is seeking “resentencing,” our attorneys will appear on your behalf at the hearing to demonstrate to the court that you do not pose an unreasonable risk of danger to public safety and that your relief should be granted. Like other forms of relief, you are not required to attend this hearing but we strongly suggest that you do.

Allow Let Go Legal help you let go of your past and move forward in life.  We handle all matters on your behalf starting with our initial consultation. There is no cost to determine whether you are eligible for relief. We will gather the requisite documents on your behalf, draft and file your petition, and appear on your behalf in court to obtain the relief you need. Our flat fee prices include everything. There are no hidden costs.  Don’t wait any longer. Start the process today and see if you qualify for relief.

See if you qualify