If you have an old low-level California felony on your record, you can ask the superior court to reclassify it as a misdemeanor under Proposition 47. The original filing deadline was eliminated in October 2023, so there is no cutoff in 2026.1California Courts. Record Cleaning: Felony Convictions and Proposition 47 You file a petition (or an application, if you have already finished your sentence) in the county where you were convicted, serve a copy on the district attorney, and if your offense is on the Prop 47 list and no disqualifier applies, the court reclassifies the conviction. One important caveat up front: Proposition 36, which California voters passed in November 2024, toughened penalties for some of the same offenses going forward. It did not take away your right to petition on past convictions, but it changes what happens if you pick up new charges.
Convictions That Qualify
Prop 47 covers a specific list of felonies. For theft offenses, the property value generally cannot exceed $950.2California Courts. Proposition 47 Information The eligible offenses are:
- Shoplifting under Penal Code 459.5 — entering a business during regular hours intending to steal property worth $950 or less.
- Grand theft reduced to petty theft under PC 490.2, when the property was worth $950 or less.
- Receiving stolen property under PC 496, when the property was worth $950 or less.
- Forgery of a check, money order, or similar instrument worth $950 or less, under PC 473.
- Writing bad checks totaling $950 or less, under PC 476a.
- Petty theft with a prior under PC 666.
- Simple drug possession for personal use under Health and Safety Code 11350, 11357, or 11377, including narcotics and concentrated cannabis.
If your felony is not on this list, Prop 47 does not reach it. Other record-clearing routes, such as expungement under Penal Code 1203.4, may still be worth exploring.
Who Cannot Qualify
Even an eligible offense will not be reduced if your criminal history includes a “super strike” prior.3Judicial Council of California. Frequently Asked Questions – Proposition 47 Those priors include:4California Legislative Information. California Penal Code 667
- Any homicide offense, including attempted homicide.
- Solicitation to commit murder.
- Sexually violent offenses.
- Certain sex offenses involving victims under 14.
- Lewd acts with a child under 14.
- Assault with a machine gun on a peace officer or firefighter.
- Possession of a weapon of mass destruction.
- Any serious or violent felony punishable by life imprisonment or death.
You are also disqualified if you must register as a sex offender under Penal Code 290(c).5California Legislative Information. California Penal Code PEN 1170.18 If either disqualifier applies, the court cannot grant your petition, no matter how minor the eligible conviction was.
How to File the Petition
There is no single statewide Prop 47 form. Check with the clerk of the superior court in the county where the conviction was entered to see whether that court has a local form. If none exists, you can draft your own petition and file it with the court.1California Courts. Record Cleaning: Felony Convictions and Proposition 47
Your petition needs the case number, the date of conviction, the specific Penal Code or Health and Safety Code section you were convicted under, and the name of the superior court that entered the judgment. If you no longer have your old court paperwork, the criminal court clerk’s office in the county of conviction can provide it, and many counties offer an online case lookup. The petition should also state whether you have completed your sentence or are still serving it, because the court applies a different legal standard depending on which situation you are in. There is no filing fee.
After filing, you must serve a copy on the district attorney’s office in the same county. Prosecutors use that notice to review your record and decide whether to agree with the reduction or object. If you serve by mail, the person who mails it must be at least 18 and not involved in your case, and they complete a proof of service form that you file with the court.
What the Court Does Next
How your petition moves depends on whether your sentence is behind you.
If Your Sentence Is Complete
Once you have finished your time, parole, and probation, what you file is called an application to redesignate the conviction as a misdemeanor. If you meet the eligibility criteria, the court must grant the reclassification. The judge has no discretion to deny it on public safety grounds.5California Legislative Information. California Penal Code PEN 1170.18 This is the most common path, and if you are eligible, the court usually has no reason to schedule a hearing.
If You Are Still Serving
If you are currently in custody, on parole, or on probation, what you file is a petition for recall of sentence. The eligibility check is the same, but the court has one extra power: it can deny the petition if resentencing you would pose an “unreasonable risk of danger to public safety.” That phrase is defined narrowly — it means an unreasonable risk that you would commit a new super-strike felony, not just any new offense. The court can weigh your criminal history, your disciplinary record while incarcerated, rehabilitation efforts, and other evidence it finds relevant.
When the district attorney objects, the court will usually set a hearing. The DA presents its case on public safety risk; you can present evidence of rehabilitation. If the court grants resentencing while you are still serving, you may be released from custody or have your parole or probation ended.
What a Reduction Gives You Back
Once granted, the reduced conviction is treated as a misdemeanor “for all purposes,” with one exception discussed below.6California Legislative Information. California Penal Code 1170.18 The old felony can no longer be used to enhance a future sentence. Any voting rights question tied to felony status is resolved. You become eligible for jury duty again, which requires no current felony conviction. And because the record now shows a misdemeanor, doors to housing, professional licensing, and jobs that screen out felony applicants may open.
Background check companies are required under federal law to report the current disposition accurately, meaning the misdemeanor rather than the original felony.7Consumer Financial Protection Bureau. Fair Credit Reporting: Background Screening Advisory Opinion A company that keeps reporting the old felony after your reduction may be violating the Fair Credit Reporting Act. California adds its own layer: under Labor Code 432.7, employers cannot ask about or use convictions that have been judicially dismissed or sealed in hiring decisions.8California Legislative Information. California Labor Code 432.7 A Prop 47 reduction by itself is not a dismissal, but it sets you up to pursue one under Penal Code 1203.4.
What a Reduction Does Not Fix
Firearm Rights
This is the trap. A conviction reduced under Prop 47 is a misdemeanor for all purposes except firearm ownership. The statute explicitly says that resentencing does not permit you to own, possess, or have custody of a firearm.6California Legislative Information. California Penal Code 1170.18 You remain subject to prosecution if you are found with one. Restoring firearm rights after a Prop 47 reduction takes a separate legal process, and whether you qualify depends on the specific offense and your full history.
Immigration Status
Federal immigration law does not automatically defer to California’s reclassification. The Ninth Circuit has generally recognized state-level reductions when characterizing an offense for immigration purposes, so a Prop 47 reduction can help in removal proceedings or on a naturalization application. But outcomes turn on the specific offense and how immigration authorities apply federal categories to your case. Anyone with immigration concerns should talk to an immigration attorney before and after filing.
How Proposition 36 Affects Future Conduct
Prop 36, effective in 2024, did not undo Penal Code 1170.18 or your right to petition for reduction of a past conviction. It changes what prosecutors can do with new offenses. For theft, prosecutors can now charge shoplifting and other theft under $950 as a felony if the defendant has two or more prior theft convictions. For drugs, Prop 36 created a “treatment-mandated felony” for people who possess drugs such as fentanyl, heroin, cocaine, or methamphetamine and have two or more prior drug convictions; the person is offered treatment and the charges are dismissed on completion, while refusal or failure to complete can mean up to three years in prison.9Legislative Analyst’s Office. Proposition 36 Ballot Analysis Reducing an old conviction does not shield you from Prop 36’s enhanced penalties on new conduct.
If the Court Denies the Petition
A denial leaves the felony on your record. Denials come from two places: an eligibility bar (a super-strike prior or sex offender registration), or a finding of unreasonable public safety risk while you are still serving a sentence. If the denial was on public safety grounds, you may be able to petition again later with more evidence of rehabilitation. If the denial was based on a disqualifying prior, it is final under current law.
After the Reduction: Pursuing a Full Dismissal
A Prop 47 reduction is often the first step rather than the last. Once the conviction is a misdemeanor, you may be eligible for a full dismissal under Penal Code 1203.4, which carries additional employment protections. Attorneys who handle these petitions typically charge between $500 and $750, and some legal aid organizations help at no cost. If paying a lawyer is out of reach, check whether your county’s public defender handles Prop 47 petitions or can refer you to a free legal clinic.