Proposition 47 changed many nonviolent felony offenses to misdemeanors, including most convictions for:
- Shoplifting under $950
- Forgery under $950
- Writing bad checks under $950
- Petty theft under $950
- Grand theft under $950 (Robbery includes the use of force or fear and does not qualify)
- Receiving stolen property valued under $950
- Simple drug possession (Possession for sale or transportation does not qualify)
Individuals with prior convictions for certain serious offenses, including many sex offenses and murder, are not eligible under Proposition 47.
If your attorney provides you with information that differs from what you read here, believe your attorney. The information described above generally describes the effect of Proposition 47. However, your lawyer will have read exact language of Proposition 47 and will know the cases related to it.
Individuals facing current charges that fall under Proposition 47 do not need to file any sort of paperwork to receive the benefits of Proposition 47.
Changing Your Record Under Proposition 47 (deadline to file November 4, 2022)
If you already have a conviction for an offense falling within Proposition 47, you will have to request that the court reduce the offense to a misdemeanor or else it will not be reduced.
- Reduction and Resentencing—for those currently serving a sentence for one or more of the eligible offenses. These cases are prioritized since the individuals are either in custody, or are subject to court, probation, or parole supervision.
- Reduction Only—those out of custody and no longer on probation or parole.
Reduction of the felony offense to a misdemeanor may reduce barriers to obtaining jobs, housing, student loans, and other economic opportunities.
If you were convicted of one of the offenses listed above, you should contact the attorney who handled your case. If you were represented by the Fresno County Public Defender Office, you can call (559) 600-3546, and we'll be glad to handle the case. Please be aware that the process of evaluating and calendaring your case may take a significant amount of time. If you want to have the Fresno County Public Defender review your case, please use go to Apply Online to Clear My Record. Alternatively, you can use our Proposition 47 intake form. However, if you use the intake form, you'll have to return the form by mail or in person.
If the Public Defender did not represent you, then may want to go to the Fresno County Superior Court website, which has a page devoted to Proposition 47, complete with instructions for paperwork. If you wish, you may fill out the paperwork on the court's web site in order to calendar your case. You will need your exact case number and can search for it here . Once you have the case number, make your best guess as to the date of conviction and the sentence imposed.
If your conviction is from a county other than Fresno County, you may want to check out that county court system's website or the or that county's public defender web site. If the conviction is from Alameda, Contra Costa, San Francisco, or Solano county, Apply Online to Clear My Record. Alternatively, you can go to safeandjust.org/county-map, which has Proposition 47 paperwork for most counties.