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).
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.
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.
Proposition 47 says that petitions and applications must be filed within three years after the effective date of the proposition, which means the filing deadline is currently November 5, 2017. It is better to act now, rather than wait. Complete our contact form to be contacted by a Prop 47 representative.
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.
For information on other County Services, call 2-1-1 or visit 211la.org