How does Prop. 47 change a conviction on my criminal record?

Prop. 47 affects eligible offenses in the following ways:

Shoplifting (Penal Code section 459.5)—Prop. 47 adds a new offense, misdemeanor shoplifting. If you enter a business, during regular business hours and steal something worth less than $950, it is now shoplifting instead of second-degree burglary. If you are charged with shoplifting, now you cannot also be charged with petty theft or burglary. If you have a conviction for felony second-degree burglary (California Penal Code section 459), you may be able to get it reduced to misdemeanor shoplifting.

Forgery (Penal Code sections 470, 471, 472, 475)—Prop. 47 changes the laws for several forgery offenses that previously could be charged as either misdemeanors or felonies. Now, all of these offenses are straight misdemeanors only. However, Prop. 47 does NOT apply if you are convicted of both forgery and identity theft (Cal. Penal Code section 530.5). If you have a felony conviction for an eligible forgery offense, you may be able to get it reduced to a misdemeanor.

Forgery/Writing Bad Checks (Penal Code section 476a)—Prop. 47 changes this offense from a “wobbler” to a straight misdemeanor if the amount of the check is less than $950. Beware, however, that Prop. 47 does not apply if you have three or more prior forgery convictions. If you have a felony conviction for writing a bad check, you may be able to get it reduced to a misdemeanor.

Theft (Penal Code section 490.2)—Before Prop. 47, an offense was classified as either GRAND THEFT (a felony) or PETTY THEFT (a misdemeanor) based on (1) the value of the property stolen, (2) the type of property stolen (i.e. guns or cars), OR (3) the manner in which the property was stolen (for example, from someone’s immediate possession). After Prop. 47, the offense is classified based ONLY on whether the value of the property is more or less than $950. So, now if you steal something that is worth less than $950, you can only be charged with misdemeanor petty theft, regardless of what type of property you took or how you took it. If you have a felony grand theft conviction, you may be able to get it reduced to misdemeanor petty theft.

Receiving Stolen Property (Penal Code Section 496)—Prop. 47 changes this offense to a straight misdemeanor if the value of the stolen property is under $950. If you have a felony conviction for receiving stolen property, you may be able to get it reduced to a misdemeanor.

Petty Theft with a Prior (Penal Code Section 666)—Before Prop. 47, if you were charged with petty theft and had three or more previous theft convictions, you could have been charged with a felony. Now, for most people, you cannot be charged with a felony for petty theft, no matter how many prior petty theft convictions you have. The only way that you can be charged with felony petty theft under section 666 now is if you are already excluded from Prop. 47 (see above for convictions that can exclude you), and you also have a previous conviction for petty theft, grand theft, elder financial abuse, joyriding, burglary, carjacking, robbery or felony receiving stolen property,[3096] OR you are required to register as a sex offender. If you have a felony conviction for petty theft based on prior theft convictions, you may be able to get it reduced to a misdemeanor.

Simple Drug Possession (Health & Safety Code Sections 11350, 11357, & 11377)—Under Prop. 47, simple possession of pretty much any controlled substance is a straight misdemeanor.[3097] If you have a felony conviction for simple drug possession, you may be able to get it reduced to a misdemeanor.

  1. 3096

    Cal. Penal Code § 667(e)(2)(C)(iv).

  2. 3097

    Cal. Penal Code § 1170.18.