California Proposition 47 changed certain drug-possession and theft offenses from felonies to misdemeanors and created a process for people with qualifying older felony convictions to have them reduced to misdemeanors. Although Proposition 47 was approved in 2014, its record-clearing provisions can still provide important relief today.
California criminal law has changed substantially since voters approved Proposition 47 in November 2014.
For people with older felony convictions, one of Proposition 47’s most important features is its retroactive relief. A person who was convicted of an offense that Proposition 47 subsequently made a misdemeanor may be able to ask the court to redesignate that felony conviction as a misdemeanor.
The law applies only to qualifying offenses and defendants, so eligibility depends on the specific conviction and criminal history.
What Did Proposition 47 Do?
Proposition 47, known as the Safe Neighborhoods and Schools Act, reclassified several theft and simple drug-possession offenses that previously could be felonies.
The measure generally accomplished three things:
- Changed certain drug-possession and theft offenses from felonies to misdemeanors
- Allowed qualifying people still serving sentences to seek resentencing
- Allowed qualifying people who had already completed their sentences to seek redesignation of an older felony conviction as a misdemeanor
The retroactive provisions are found primarily in Penal Code section 1170.18.
Which Drug Convictions May Qualify Under Proposition 47?
California Courts identifies certain pre-November-2014 simple drug-possession convictions as potentially eligible for Proposition 47 relief.
These include qualifying felony convictions under:
- Health and Safety Code section 11350
- Health and Safety Code section 11357(a)
- Health and Safety Code section 11377
The relief generally concerns simple possession, rather than offenses involving sales or transportation.
For more information about current possession law, see our guide to drug possession charges in California.
Which Theft Convictions May Qualify?
Proposition 47 also affected a number of theft-related offenses, generally where the value involved did not exceed $950.
Depending on the circumstances, potentially qualifying offenses can include:
- Commercial burglary involving $950 or less from an open business
- Forgery involving $950 or less
- Qualifying bad-check offenses involving $950 or less
- Grand theft involving $950 or less
- Certain petty-theft-with-a-prior convictions
- Receiving stolen property valued at $950 or less
Proposition 47 also created the misdemeanor offense of shoplifting under Penal Code section 459.5 for qualifying conduct involving entry into a commercial establishment during regular business hours with intent to commit theft involving property worth $950 or less.
The exact statute, facts, value of the property, and defendant’s criminal history all matter when determining eligibility.
For information about current theft charges, visit our Fresno Theft Crimes Attorney page.
Can an Old Felony Really Be Changed to a Misdemeanor?
Yes, when the conviction qualifies.
A person who completed a sentence for a felony offense that would have been a misdemeanor had Proposition 47 been in effect at the time may be able to ask the court to designate that conviction as a misdemeanor.
If the statutory requirements are satisfied, the felony conviction can be redesignated as a misdemeanor.
This can be valuable because a felony record can affect employment, licensing, housing, and other areas of a person’s life.
However, Proposition 47 relief should not be confused with having the conviction erased from existence.
Is Proposition 47 the Same as Expungement?
No.
Proposition 47 reduction and California expungement or dismissal are different forms of post-conviction relief.
Proposition 47 reduction changes a qualifying felony conviction into a misdemeanor.
Expungement or dismissal generally involves relief under statutes such as Penal Code section 1203.4 and related provisions after a criminal case has been completed.
Depending on the conviction and circumstances, a person may potentially benefit from more than one type of post-conviction relief.
For a detailed explanation, see our Fresno Expungement & Post-Conviction Relief page.
Is There Still a Deadline to Apply for Proposition 47 Relief?
The original Proposition 47 law included a filing deadline that was later extended.
California has since removed the previous deadline.
As a result, people with potentially qualifying convictions should not assume that they lost the opportunity for Proposition 47 relief simply because they did not apply years ago.
The court where the conviction occurred can have local procedures for requesting relief.
Who Is Not Eligible for Proposition 47 Reduction?
Not every person with an older drug or theft felony qualifies.
Among the statutory exclusions are people with certain serious prior convictions sometimes referred to as “super strikes” and people with specified convictions requiring sex-offender registration.
Eligibility can also depend on whether the underlying offense itself meets Proposition 47’s requirements.
For example, a drug conviction involving possession for sale is different from a qualifying simple-possession conviction.
Likewise, the value and circumstances of a theft offense can determine whether the conviction qualifies.
What Happens After a Felony Is Reduced?
A felony conviction that is properly resentenced or redesignated under Proposition 47 is generally considered a misdemeanor for all purposes.
There is, however, an important firearm exception.
Proposition 47 specifically provides that redesignation does not by itself restore a person’s right to own or possess firearms.
Someone concerned about firearm rights or another collateral consequence should therefore not assume that reducing a felony to a misdemeanor automatically eliminates every consequence of the original conviction.
Did Proposition 36 Repeal Proposition 47?
No.
California voters approved another major criminal-law ballot initiative, Proposition 36, in November 2024.
The newer Proposition 36 changed several laws involving theft and controlled substances and created new felony provisions affecting some repeat offenders.
It did not simply eliminate Proposition 47 or the ability to seek relief for qualifying older convictions.
This distinction is especially important because both measures affect theft and drug cases but operate in different ways.
How Did the 2024 Proposition 36 Change Theft Law?
Among other changes, the 2024 Proposition 36 created new rules affecting repeat theft offenses and the calculation of property value in some cases.
For example, Penal Code section 490.3 now permits prosecutors in qualifying cases to aggregate the value of property taken during multiple thefts to determine whether the $950 felony threshold is met.
Proposition 36 also created additional felony consequences for certain defendants with qualifying prior theft convictions.
These newer provisions affect how some current theft cases may be prosecuted.
They do not mean that every theft involving less than $950 is now automatically a felony.
How Did Proposition 36 Change Drug Possession Law?
The 2024 Proposition 36 also created a new treatment-mandated felony framework for certain repeat drug-possession cases.
Under Health and Safety Code section 11395, some defendants accused of possessing specified “hard drugs” who have two or more qualifying prior drug convictions can face a treatment-mandated felony.
That is significantly different from the general misdemeanor framework Proposition 47 established for simple drug possession.
For more information about treatment alternatives and the new law, see our guide to California drug diversion programs.
Which Proposition Applies to an Older Conviction?
The existence of the newer Proposition 36 does not necessarily determine whether an older felony conviction qualifies for Proposition 47 relief.
A person seeking reduction of an older conviction should examine the law governing Proposition 47 relief and the specific offense for which that person was convicted.
Important questions can include:
- What was the exact conviction?
- When did the conviction occur?
- Was the drug offense simple possession or did it involve sales?
- What was the value involved in a theft offense?
- Does the person have a disqualifying prior conviction?
- Has the sentence already been completed?
The answers can determine whether Proposition 47 or another form of post-conviction relief is appropriate.
Other Options for Clearing a California Criminal Record
Proposition 47 is only one of several forms of post-conviction relief available under California law.
Depending on the case, other possibilities may include:
- Dismissal or expungement
- Reduction of certain felony “wobblers” to misdemeanors
- Record sealing
- Relief available under later changes in California law
- A Certificate of Rehabilitation in qualifying cases
The appropriate procedure depends on the conviction, sentence, criminal history, and relief being sought.
Talk to a Fresno Criminal Defense Attorney About Proposition 47
A felony conviction can continue affecting a person’s life long after the sentence has been completed.
For some people convicted of qualifying drug-possession or theft offenses before Proposition 47 took effect, California law may still provide a way to have the felony reduced to a misdemeanor.
Gregory W. Fox has more than 20 years of experience handling California criminal cases and helping clients understand their options after a conviction.
If you have an older felony conviction and want to know whether Proposition 47 or another form of post-conviction relief may apply, call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.