How do I get my conviction reduced under Prop. 47?

The process for getting a felony conviction reduced to a misdemeanor under Prop. 47 depends on whether you are currently still serving your sentence (“under sentence”) for the conviction, or if you have already completed your sentence.

    If you are currently still serving your sentence (meaning you are incarcerated OR on parole or PRCS for the qualifying conviction—also called being “under sentence”),[3098] you must ask to be “resentenced.” (See PG. 974 for information on resentencing.)
    If you have already completed your sentence, you must ask to have your conviction “reclassified.” (See PG. 974 for information on reclassification.)
    If you are currently on formal probation for the qualifying offense, you have the right to submit a petition for resentencing, which could result in being released from probation.[3099]

HELPFUL HINT—TALK TO A LAWYER! If you think you qualify for resentencing or reclassification, it is recommended that you talk to a lawyer for help. You can start with the lawyer who represented you in your case or your local Public Defender. See also the list of expungement legal aid providers on PG. 1127.

IMPORTANT: Petitions for resentencing and applications for reclassification must be filed on or before November 4, 2022. Petitions filed after that date will only be considered upon a showing of “good cause.”[3100] Proposition 47 does not define what would qualify as “good cause.”

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RESENTENCING:

If you are currently serving your sentence (“under sentence”) for an offense that qualifies under Prop. 47, and you are NOT excluded by one of the disqualifying convictions, you may be eligible for resentencing.[3101]

You will need to fill out and file a Petition for Resentencing, and you may need to request a hearing to convince the judge that you qualify for resentencing under Prop. 47. If you qualify, the judge MUST resentence you unless s/he thinks you pose an “unreasonable risk to public safety.” If you have already served the amount of time that you would have served if you were originally convicted of a misdemeanor, you will be released or discharged from supervision.

For information and instructions on how to petition for resentencing, including what “unreasonable risk to public safety” means, see APPENDIX T, on PG. 1043. Each local court has created its own version of this petition, so it’s recommended that you go to the court where you were convicted to request one.

RECLASSIFICATION:

If you already completed your sentence (including any parole or probation term) for an offense that qualifies under Prop. 47, and you do NOT have one of the disqualifying convictions discussed above, you may be able to have your felony reclassified as a misdemeanor. Unfortunately, you cannot get back the time that you served for the felony, but you can change your criminal record to show a misdemeanor conviction instead of a felony. (For information on the benefits of reducing a felony conviction to a misdemeanor, see PG. 969.)

You will need to fill out and file a Petition for Reclassification (in most courts this is the same form used for resentencing people under Prop. 47). The judge will then review your petition to make sure that you qualify for reclassification. Normally, you do not need to request a hearing for a reclassification; but in some circumstances, you may need to.

If you meet the requirements, the judge MUST reclassify your conviction as a misdemeanor.

For information and instructions on how to petition for reclassification, including when you might need to request a hearing, see APPENDIX T, on PG. 1043.

  1. 3098

    Cal. Penal Code § 1170.18. See also J. Richard Couzens & Tricia Bigelow, Proposition 47, The Safe Neighborhoods and Schools Act, (Dec. 2014); Orange County Superior Court Form L-0929, Petition/Application to Have Felony Violation(s) Designated as Misdemeanor(s) and Resentencing, Information and Instructions, Nov. 5, 2014. ↑

  2. 3099

    People v Garcia, 245 CA 4th 555 (2016). ↑

  3. 3100

    AB 2765, Stats. 2016, ch. 767. ↑

  4. 3101

    Cal. Penal Code § 1170.18. (a). ↑