16 Nov 2014
This is an exciting development for people convicted of certain felonies.( I list them below.) Prop 47 allows reduction of felonies to misdemeanors. One of the most important things about this Proposition is it applies retroactively. This means no matter when you were convicted you can get your felony reduced to a misdemeanor. As you know, this effects your employment, voting rights, gun ownership and more. In addition, once you get your conviction reduced to a misdemeanor, you can have it expunged.
Expunged means it shows up on your record as a “dismissal after conviction”. So when asked, you can answer “No, I do not have any misdemeanor or felony convictions.” about the conviction. And you can do this for all felonies that fall under the list below.
But it doesn’t happen automatically, you have to take steps to get obtain your reduction. This is a process some people can do themselves but if you have any questions, I am here to help. I can offer advice, file your reduction or help you decide whether you need an attorney.
Here are the Felonies affected:
– Health & Safety Code Sections 11350(a) (Possession of Cocaine/Heroin, etc.), 11357(a) (Possession of Concentrated Cannabis) and 11377(a) (Possession of Methamphetamines).
– Penal Code Section 459.5 (Shoplifting where the person entered a business with intent to commit larceny during business hours and took property worth less than $950.) Unless also charged with petty theft or 2nd Degree Burglary.
– Penal Code Section 473 (Forgery (PC 470(a), 470(d), 475(a), 475(b), 475(c), 476) where the value of the check is less than $950.[DA cannot aggregate]) Unless also convicted of identity theft (PC 530.5).
– Penal Code Section 476a (Making bad checks where the value of the check is less than $950.[DA can aggregate]) Unless 3 or more prior convictions for PC 470, 475, 476 or 476a.
– Penal Code Section 490.2 (Grand theft (PC 487(b), 487(c), 487(d)(1), 487(d)(2), 487a, 484e(a), 484e(b), 484e(d)) where the value of the property is less than $950.)
– Penal Code Section 496a (Receipt of Stolen Property Valued at $950 or less).
– Penal Code 666/484 (Petty Theft with a Prior). Unless also suffered a prior felony conviction for theft or PC 368(d) or (e).
Anyone convicted of these offenses is eligible to have their sentence retroactively reduced from felony to misdemeanor UNLESS they have either a prior strike offense or are subject to PC 290 registration.
In Los Angeles, the process to obtain your reduction is as follows:
1. Fill out the form here.
2. Serve a copy on the District Attorney. Their office can be found in the same court where you go for Step 3.
3. File in Court where your case took place.
4. The District Attorney fills out their portion of the form and submits it to the Court.
5. The Court will then either (1) grant your request or (2) set the matter for hearing.
Remember, If you have any questions with obtaining relief under Proposition 47 or need assistance in filing your Prop 47 request for reduction you can contact me at (213) 479-5322.