One of the benefits of Proposition 47 is the chance for people with old felony convictions (for one of the six nonviolent crimes listed below) to change those records and remove the felony. Proposition 47 allows individuals to submit a petition to the local courthouse requesting a change to old criminal records. Once changed, individuals will no longer face the lifetime barriers felony convictions create, and may no longer have to face immigration consequences.
Under Proposition 47 the following crimes committed in the state of California are now misdemeanors:
- Simple drug possession
- Petty theft under $950
- Shoplifting under $950
- Forgery under $950
- Receipt of stolen property under $950
- Writing a bad check under $950
If you have a felony record in California for one of these offenses – no matter how old the conviction – you may be eligible to have these offenses changed from a felony to a misdemeanor on your record.
Individuals who are incarcerated for these offenses can seek to be resentenced and released (this is known as resentencing), and individuals no longer in the criminal justice system but previously convicted of these felonies in California can seek to have their criminal records changed to misdemeanors (this is known as reclassification). Individuals eligible for either resentencing or reclassification under Proposition 47 must file their applications/petitions within three years – by November 5, 2017.
Individuals with a previous conviction for crimes such as rape, murder or child molestation and individuals who are on the sex offender registry are not eligible.Click here for a full list of crimes excluded.
Reclassification (or Record Change) Under Proposition 47: Los Angeles County
The Reclassification process is for individuals who are no longer in the criminal justice system (out of custody and no longer on probation or parole). No matter how old the conviction(s), you can apply to have it changed from a felony to a misdemeanor on your record (if the conviction was in a California court). Normally the process for reclassifying your record will not involve a hearing. Applicants should work with a lawyer or legal clinic to assist with the process.
You will need the latest copy of your RAP sheet to being the record change process. If your convictions are only in Los Angeles County, you can obtain a copy of your LA County Record for free at any superior court house in LA County. Click here for a list of Los Angeles court houses.
Resentencing Under Proposition 47: Los Angeles County
The Resentencing process is for individuals currently serving a sentence for one or more of the eligible offenses in the state of California. This can apply to individuals who are currently: serving a sentence in jail or prison, on parole, probation, post-release community supervision (PRCS), or on mandatory supervision. Proposition 47 is retroactive, meaning people who are currently serving a sentence in jail, prison or on probation or parole for crimes that were changed by Proposition 47 may qualify for resentencing. If you or a family member need further assistance with the resentencing process, contact the Los Angeles County Public Defender’s Office. It is highly recommended that you work with a lawyer or public defender to assist you. Click here for more information on the resentencing process in general.