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1. Can I get my felony reduced to a misdemeanor under Proposition 47?

You may be able to have your most recent case, and any earlier cases, changed from felonies to misdemeanors if you were convicted of the following charges:

• Commercial Burglary of a Store during Regular Business Hours (Penal Code §459)
• Forgery (Penal Code section 470-476)
• Fraud/Bad Checks (Penal Code section 476a)
• Theft Offenses (including Penal Code sections 487, 484e, etc.)
• Petty Theft/Shoplifting (Penal Code sections 484, 484/666)
• Possession of Methamphetamine (Health & Safety Code section 11377)
• Possession of Controlled Substance (Health & Safety Code section 11350)
• Possession of Concentrated Cannabis (Health & Safety Code section 11357(a))
• Receiving Stolen Property (Penal Code section 496)

For theft charges to be reduced, the amount stolen must have been less than $950. Simple possession of any controlled substance or unlawful drug has now been reduced to a misdemeanor.

2. What charges will make me ineligible for Proposition 47 relief?

Most individuals with the following prior convictions will not be able to reduce their conviction to a misdemeanor:

• Murder or Gross Vehicular Manslaughter (including attempted) (Penal Code section 187-191.5)
• All sex crimes requiring mandatory registration under Penal Code section 290(c), including attempts/conspiracies (e.g., rape, molest, sodomy, sexual battery, indecent exposure, possession child porn, pimping & pandering, etc.)
• Assault on police officer/firefighter with machine gun (Penal Code section 245(d)(3))
• Solicitation to commit murder (Penal Code section 653f/187)
• Possession of weapon of mass destruction (Penal Code section 11418(a)(1))
• Any serious or violent felony punishable by life in prison or death.

3. Can I have my felony conviction reduced to a misdemeanor under Proposition 47 even if it is not a recent felony conviction?

Yes. This law is completely retroactive. That means that you are eligible to have any qualifying prior felony convictions reduced to misdemeanors no matter how long ago you were convicted. This is true even if you were previously denied a reduction from a felony to a misdemeanor by the court during any pre-conviction court hearing, at sentencing, or after requesting an expungement.

4. I think I may qualify for Proposition 47 relief. How can I get my Napa County case or conviction reclassified as a misdemeanor?

If you are in custody, if you have a pending case, or if you are still on probation or any other form of supervision (Post Release Community Supervision [“PRCS”], Mandatory Supervision, Parole) and believe you are eligible for relief, contact our office. If you have a conviction, have completed your sentence and are no longer on probation or any other form of supervision, contact our office.

5. Will there be a court hearing?

If there is any question about whether your felony case should be reduced or if you are currently on probation and will continue on probation if your matter is reduced to a misdemeanor, there will be a court hearing where you will be represented by an attorney from our office if you qualify financially.

6. If I’m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

The maximum jail time for most misdemeanors is one year in county jail. If you have already served more than the maximum term of confinement, you should be released. If you have not served the maximum term of confinement for the misdemeanor charge(s), the court may hold a hearing to determine if your sentence should be reduced. However, if you have other cases or charges that are holding you in custody, you will not be released even if you receive a reduction on one or more charges. If you are currently in custody and believe you are eligible for Proposition 47, contact your attorney immediately.

7. If I’m in prison and my case is reduced from a felony to a misdemeanor, will I get out of prison?

If you have no other charges keeping you in state prison, you may be released from prison. If your case is reduced to a misdemeanor, your maximum sentence is no more than a year in county jail per charge. You cannot be sentenced to prison on a misdemeanor, but you can be sentenced to county jail. Contact our office if you believe you are eligible. We will file a petition on your behalf, if you qualify

8. If my case is reduced from a felony to a misdemeanor, will I be on probation or parole when I am released from jail or prison?

This will depend on the type of sentence you received before. The decision will be made by the judge who resentences you. If you are resentenced, review the Minute Order from the court before you are released. Read it carefully to see if you have been ordered to report to probation or parole when you are released. Comply with any terms and conditions ordered by the court. If you think there has been a mistake or have any questions about any of the new terms and condition of your sentence after resentencing, please contact our office.

9. If my case is reduced to a misdemeanor, will I still have to pay restitution?

Yes. Even if your case is reduced to a misdemeanor, any restitution orders will remain in full force and effect. Your court fines and fees may be decreased. The order signed by the judge will have this amount.

10. If my felony is reduced to a misdemeanor, what should I put on a job, school, licensing, or military application if there is a question about whether I have a felony conviction?

According to the new law, any felony conviction that is recalled and resentenced or designated as a misdemeanor is a misdemeanor for all purposes, except for your ability to own or possess a gun.

11. If my felony is reduced to a misdemeanor, can I vote?

Probably. To vote in the state of California, you must be at least 18 years old and a state resident. You can even vote while you are still on probation. However, you cannot vote if you are in prison; on parole; currently serving a local state prison sentence in county jail; currently serving a “split” sentence (this is sometimes called “Mandatory Supervision”); or on Post Release Community Supervision ("PCRS").

For more information about where you can pick up an application to register to vote, or to register to vote online, visit California Secretary of State website.

12. How does a reduction from a felony to a misdemeanor change benefits like student financial aid or HUD housing?

In general, it is better to have a misdemeanor than a felony on your record. However, this may depend on whether your misdemeanor record includes drug offenses. For more detailed information, please see:

• Justice Center: The Council of State Governments
• National Association of Criminal Defense Lawyers

13. If I do not have any felonies on my record, can I serve on jury duty?

Probably. The law does not let people serve on juries if they have felonies which have not been expunged, or if they have committed malfeasance in a public office.

14. If I have my felony cases reduced to misdemeanors, can I own or possess a gun?

No. Even if your felonies are reduced, it will still be a crime for you to own or possess a gun.