On November 4, 2014, California voters passed Proposition 47, which reduces certain theft and drug possession crimes from a felony to a misdemeanor. The new law also created a procedure by which people who have been convicted of felonies for offenses that would now be misdemeanors can petition to have their convictions reduced.
The crimes that are covered by Proposition 47 are the following:
- Health & Safety Code 11350(a), Possession of a Controlled Substance
- Health & Safety Code 11357(a), Possession of Concentrated Cannabis
- Health & Safety Code 11377(a), Possession of a Controlled Substance
- Penal Code 459, Commercial Burglary (during business hours and less than $950)
- Penal Code 470, Forgery (less than $950)
- Penal code 476a(a), NSF Checks (less than $950)
- Penal Code 487, Grand Theft (less than $950)
- Penal Code 496(a), Possession of Stolen Property (less than $950)
- Penal Code 666/484(a), Petty Theft with Prior Convictions (less than $950)
Excepted entirely from these reductions are people with a prior conviction for the offenses listed in Pen. Code 667(e)(2)(C) or those who were convicted of an offense requiring registration pursuant to Penal 290(c).
If you have a felony conviction for one of the above-listed offenses, now is the time to have that felony reduced to a misdemeanor. Attorney Scott Dicus’ Proposition 47 felony reduction service is quick, efficient, and backed by a 100% money back guarantee.
There are a number of benefits to having your felony reduced to a misdemeanor. Most importantly, in an application for private employment you can truthfully answer that you have never been convicted of a felony (as long as all felonies have been reduced or dismissed, of course).
You may also be eligible to have your misdemeanor dismissed pursuant to Penal Code 1203.4. Under current California law, private background check companies cannot report dismissed convictions, so once a case has been expunged, it should no longer show up on private background checks.
There are many other benefits of having your California criminal record expunged. This includes: assisting you in obtaining a state license, facilitating travel to Canada and other countries, helping you qualify for certain loans, and increasing the likelihood that you pass residential rental background checks. Perhaps most imporantly, an expungement will close the door on the past and help you move forward with your life.
Attorney Scott Dicus has helped 1,000s of people clean up their criminal records. He has a five start client rating on Yelp, Google and TrustPilot. Perhaps most importantly, his Proposition 47 petition service is backed by a 100% money back guarantee.
- Attorney Scott Dicus will gather information about your case from a variety of sources.
- Mr. Dicus will review your case and determine the most effective and most expeditious course of action.
- In certain cases, a supporting declaration will be prepared for you to review and sign (this way it is not required that you go to court).
- Mr. Dicus will prepare the petition along with all supporting exhibits and attachments.
- A proposed order will be provided to the court.
- The complete petition is filed with the appropriate court, a hearing is scheduled, and the prosecuting agencies are notified.
- Mr. Dicus will follow up with the prosecuting agencies to determine if there is any opposition.
- Mr. Dicus will attend the hearing to argue on your behalf and counter any opposition provided by the prosecuting agency’s attorney.
- Our office will follow up with the court after the hearing to ensure that the clerk has processed the order and notified the Department of Justice.
- Once the order granting your expungement has been signed by the judge, Mr. Dicus will obtain a copy of the order and provide you with evidence of the expungement for you to keep with your records.
* Note that because each case is unique and there are some procedural differences for each county in California your case may not follow our process outline exactly.
When does Proposition 47 become law?
Proposition 47 became law on November 5, 2014, the day after it was passed by the voters of California.
Is my felony automatically reduced to a misdemeanor?
No. If you do nothing, your felony will remain a felony. You must petition the court and follow the proper procedure to have your felony reduced.
How long does the process take?
Generally, the process should take about 1-2 months. The procedure will be different in every county. For example, in Orange County, the court is requiring that the District Attorney’s office be given 45 days to respond to a petition under Proposition 47.
I have already had my felony dismissed pursuant to Penal Code 1203.4, am I eligible?
Yes. You are still eligible to reduce your felony to a misdemeanor and you should absolutely do so.
If I served prison time as a result of my felony conviction, am I eligible?
Yes, unless the prior conviction exception applies or if you register pursuant to Penal Code 290.
I was convicted of a felony not covered by Proposition 47, can it be reduced?
That depends. If the felony is a “wobbler” and you were not sentenced to state prison, you may be eligible to reduce your felony to a misdemeanor. See: California Felony Expungement & Felony Reduction
If you have questions about your particular situation, do not hesitate to reach out to us directly. Attorney Scott Dicus will provide you with a free, no-obligation consultation about your case.
Call us directly at (877) 745-9091 for a free consultation with an attorney, or click “Get Started” to provide us with your contact information and we will contact you.