Proposition 47 (Prop 47) was passed by the voters and became law on November 5, 2014. The law made some non-violent property crimes, where the value does not exceed $950, into misdemeanors. It also made some simple drug possession offenses into misdemeanors. Proposition 47 does not apply to everybody. In general, you are disqualified from getting the benefit of Proposition 47 if you have specified prior convictions or if you are required to register as a sex offender pursuant to Penal Code section 290, subdivision (c).
FAQs
WHAT IS PROPOSITION 47, OR PROP 47?
WHO DO I CONTACT FOR HELP?
You may speak to a Prop 47 representative by dialing (213) 974-1034. Or, you may complete the Prop 47 contact form and a Prop 47 representative will get back to you.
I’M IN PRISON OR SERVING A NON-PROBATIONARY FELONY SENTENCE IN COUNTY JAIL. DOES PROPOSITION 47 HELP ME?
If you are currently serving a sentence, including being on parole or Post-Release Community Supervision, you must file a “petition” to be resentenced. The court will determine if you are eligible for relief, meaning you were convicted of a qualifying crime and have no disqualifying priors or sex registration. The court must then determine if you are suitable for resentencing. Suitability is defined by Proposition 47. If you are both eligible and suitable, then your crime will be reduced to a misdemeanor and you will be resentenced. In addition, the court may place you on one year of parole.
MY FELONY CASE IS CLOSED. I AM NOT SERVING A SENTENCE AND AM NOT ON PROBATION OR PAROLE. DOES PROPOSITION 47 HELP ME?
If your case is over –you are not serving a sentence and are not on probation or parole, you must file an “application.” The court will determine if you are eligible for relief, meaning you were convicted of a qualifying crime and have no disqualifying priors or sex registration. Unlike the petition process, the court does not determine suitability. If you are eligible, your crime will be reduced to a misdemeanor.
I AM ON PROBATION. DOES PROPOSITION 47 HELP ME?
If you are on probation for a specified crime and are not otherwise disqualified, you should benefit from Proposition 47. You should talk to your lawyer about how to file for a reduction.
HOW LONG DO I HAVE TO ASK FOR PROPOSITION 47 RELIEF?
Proposition 47 says that petitions and applications must be filed on or before November 4, 2022. Although it is possible that with good cause a petition could be filed after this date, it is better to act now, rather than wait and be shut out. Complete our contact form to be contacted by a Prop 47 representative.
I DON’T THINK I QUALIFY FOR PROPOSITION 47. WHAT ELSE CAN I DO?
First, it is best to contact the Public Defender’s office to have an experienced attorney assist you with determining eligibility for Prop 47. If the attorney determines that you do not qualify for relief, there are a number of other legal resources offered by the LA County Public Defender’s office that you may be able to take advantage of. For more information on other Legal Assistance, click here.
