Who can get Prop. 47 remedies?

Prop. 47 can reduce prior felony convictions to misdemeanors (reclassification) AND can reduce any felony sentence that you’re currently serving to a misdemeanor sentence (resentencing).

If you were convicted of one of the offenses covered by Prop. 47 (see PG. 971), and you don’t have any of the disqualifying convictions on your record, here’s what the change in law could do for you:

    If you are currently incarcerated or on parole, you may be immediately resentenced to a misdemeanor sentence.
    If you are incarcerated, you could be immediately released based on time served;
    If you are on parole or PRCS, you could be immediately discharged, or your parole could be reduced to probation.[3092]
    If you have already completed your sentence and are off parole, you may be able to have your prior conviction reclassified as a misdemeanor.
    If you are currently on formal probation, you could have your probation reduced to informal probation, or terminated based on time served.

IMPORTANT: FELONY REDUCTIONS & IMMIGRATION ISSUES:

!

As of January 1, 2015, the maximum jail time that a person can be sentenced to for a misdemeanor is 364 days—one day short of a full calendar year. This is important if you are at risk of being deported because of a felony conviction, and your conviction can be reclassified or resentenced as a misdemeanor under Prop. 47. When you get your felony conviction reclassified or resentenced, it is recommended that you ask the judge to say on the record that the maximum sentence for your conviction is now 364 days. This might help you avoid certain negative immigration consequences that are tied to a sentence of 365 days or more.[3093] Learn more in the chapter on immigration issues starting on PG. 1105.

  1. 3092

    Cal. Penal Code § 1170.18(c).

  2. 3093

    Telephone interview with Rose Cahn, Project Leader, Immigrant Post-Conviction Relief Project, Lawyers’ Committee for Civil Rights in the San Francisco Bay Area.