Who cannot get Prop. 47 relief?
Unfortunately, you CANNOT use Prop. 47 to clean up your record if you have also been convicted of any of the following offenses:
- A “serious” or “violent” felony that qualifies as a “super strike” under California Penal Code section 667(e)(2)c(iv):
- A “sexually violent offense” under the Sexually Violent Predator Law;[3083]
- Oral copulation,[3084] sodomy,[3085] or sexual penetration[3086] with a person under 14 and more than 10 years younger;
- A lewd or lascivious act involving a person under 14;[3087]
- Any homicide offense, including attempted homicide;[3088]
- Solicitation to commit murder;[3089]
- Assault with a machine gun on a peace officer or firefighter;[3090]
- Possession of a weapon of mass destruction;[3091]
- Any serious or violent felony punishable in California by life imprisonment or death;
- Any offense that requires you to register as a sex offender under California Penal Code section 290(c).
- 3083
A felony violation of Cal. Penal Code §§ 261, 262, 264.1, 269, 286, 288, 288a, 288.5, or 289, or any felony violation of Cal. Penal Code §§ 207, 209, or 220, committed with the intent to commit a violation of Cal. Penal Code §§ 261, 262, 264.1, 286, 288, 288a, or 289. Cal. Welf. & Inst. Code § 6600(b). ↑
- 3084
As defined in Cal. Penal Code § 288a. ↑
- 3085
As defined in Cal. Penal Code § 286. ↑
- 3086
As defined in Cal. Penal Code § 289. ↑
- 3087
As defined in Cal. Penal Code § 288. ↑
- 3088
As defined in Cal. Penal Code §§ 187-191.5. ↑
- 3089
As defined in Cal. Penal Code § 653a. ↑
- 3090
As defined in Cal. Penal Code § 245(d)(3). ↑
- 3091
As defined in Cal. Penal Code § 11418(a)(1). ↑