Who can get Prop. 47 relief?

You can petition a superior court for Prop. 47 relief if you were ever convicted of a felony for an offense listed in the previous question (see question: WHAT OFFENSES DOES PROP. 47 REDUCE?), AND you do not have a disqualifying offense listed below (see question: “WHO CANNOT GET PROP. 47 RELIEF?”).

A California Court of Appeal also decided that Prop. 47 applies equally to juveniles with offenses covered by Prop. 47.[3082] This means that both juveniles AND adults can get qualifying felonies reduced under Prop. 47.

PLEASE NOTE: This information is meant to help you figure out whether you may qualify, but it is always better to have the help of a lawyer to make sure the entire Prop. 47 process is completed accurately, and so that you can be screened for any other possible options for reducing the severity or impact of your criminal record. You can call your local Public Defender’s office for more information about the Prop. 47 process in your county!

IMPORTANT: Your conviction will NOT qualify for Prop. 47 if you also have a conviction for certain serious felony offenses. Below is a list of offenses that will disqualify you from using Prop. 47 to get your felony conviction reduced to a misdemeanor.

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  1. 3082

    Alejandro N. v. Superior Court of San Diego Cnty., 238 Cal. App. 4th 1209 (2015), review filed (Sept. 2, 2015) (“Thus, section 1170.18 concerns the very same offenses that are incorporated into the juvenile wardship proceedings via Cal. Welf. & Inst. § 602, and it follows that § 1170.18's offense reclassification provisions are equally applicable to juvenile offenders.”). The court further held that if the offense was reclassified as a misdemeanor under Proposition 47, then the superior court must also expunge any DNA it retained in the court bank, unless there is another basis to retain it apart from the reclassified misdemeanor offense. See id.