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Proposition 47

 

California's Proposition 47, enacted on November 4, 2014

A law that changes some low-level crimes from potential felonies to misdemeanors. California allows for such changes where convictions of, but not limited to:

  • Shoplifting, i.e. Commercial Burglary of $950 or less of a Store during Business Hours (PC §459)
  • Forgery of $950 or less (PC §470-476)
  • Fraud/Bad Checks of $950 or less (PC §476a)
  • Grand Theft of $950 or less (PC §487)
  • Petty Theft/Shoplifting of $950 or less (PC §§484, 484/666)
  • Possession of Methamphetamine (HS §11377)
  • Possession of Controlled Substances (HS §11350)
  • Possession of Concentrated Cannabis (HS §11357(a))
  • Receiving Stolen Property of $950 or less (PC §496)

 

What crimes are excluded under Proposition 47?

Keep in mind, prior conviction for certain violent crimes such as murder, rape or child molestation and others do not qualify for the reductions granted under California’s Proposition 47.

How Prop 47 applies to Expungements?

Generally, if one has served any time in state prison for a felony conviction, one cannot get his/her conviction expunged. However, if one’s felony conviction is eligible to be reduced to a misdemeanor under Prop. 47, our attorneys will argue that it should be eligible for expungement like most other misdemeanors under California Penal Code section 1203.4a (which allows expungement of misdemeanor convictions with sentences other than probation).

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