Resentencing in California runs through four main statutes, and the right one depends on what you were convicted of and why the sentence no longer fits. People convicted of murder, attempted murder, or manslaughter under the old felony murder or natural and probable consequences rules can petition under Penal Code 1172.6. People serving felony time for certain low-value theft and drug offenses can seek reclassification to a misdemeanor under Proposition 47. Courts, prosecutors, and corrections officials can initiate recall of almost any sentence under Penal Code 1172.1. And people out of custody whose convictions carry immigration consequences can move to vacate under Penal Code 1473.7. Each has its own eligibility rules, its own filing mechanics, and its own limits.
Felony Murder Petitions Under Penal Code 1172.6
Penal Code 1172.6 exists because California changed its murder law effective January 1, 2019. Before that, a person could be convicted of murder without killing anyone, without intending anyone to die, simply for participating in an underlying felony during which a death occurred. The statute lets people convicted under those older theories ask a court to vacate the conviction.
Who Qualifies
Three things must all be true. The original charging document had to allow the prosecution to proceed on a felony murder or natural and probable consequences theory. The petitioner had to be convicted of murder, attempted murder, or manslaughter — by trial or by plea. And the petitioner could not be convicted of that same offense under the amended murder statutes.1California Legislative Information. California Penal Code PEN 1172.6 Put plainly: the petitioner was not the actual killer, did not act with intent to kill, and was not a major participant in the underlying felony who acted with reckless indifference to human life.
How the Process Works
The petition goes to the court that imposed the original sentence, with copies to the district attorney and to trial counsel. There is no filing deadline. If the petitioner asks for counsel, the court appoints an attorney at the prima facie review stage.2California Legislative Information. California Penal Code PEN 1172.6
If the court finds a prima facie showing, it issues an order to show cause and sets an evidentiary hearing. At that hearing, the prosecution must prove beyond a reasonable doubt that the petitioner is still guilty under the current murder statutes. If it cannot, the court vacates the murder or attempted murder conviction along with any attached enhancements and resentences the petitioner on whatever charges remain.1California Legislative Information. California Penal Code PEN 1172.6 The parties can also stipulate to relief and skip the hearing.
Proposition 47 Reclassification for Property and Drug Offenses
Proposition 47, passed by voters in 2014, reduced several non-serious, non-violent property and drug offenses from felonies to misdemeanors.3Judicial Council of California. Frequently Asked Questions – Proposition 47 The property offenses covered — shoplifting, petty theft, receiving stolen property, forgery of checks and similar instruments, and passing bad checks — qualify when the value involved is $950 or less.4California Legislative Information. California Penal Code PEN 459.5 Simple drug possession under Health and Safety Code sections 11350 and 11377 is also a misdemeanor for most people.5California Legislative Information. California Health and Safety Code HSC 11350
Someone still serving a felony sentence for one of these offenses can petition the trial court for recall and resentencing as a misdemeanor. The court checks that the offense qualifies and then decides whether resentencing would pose an unreasonable risk of danger to public safety, weighing prior record, victim impact, and rehabilitation. Someone who already finished their felony sentence can apply separately to have the conviction redesignated as a misdemeanor, and that generally does not require a hearing unless one is requested.
Two categories of people are excluded: those with prior convictions for offenses classified as “super strikes” under Penal Code 667(e)(2)(C)(iv), and those required to register as sex offenders under Penal Code 290(c). Because a California misdemeanor tops out at 364 days in county jail, Prop 47 resentencing caps the possible punishment at that level.6California Legislative Information. California Penal Code PEN 18.5
How Proposition 36 Narrowed Prop 47
Voters passed Proposition 36 in November 2024, and it reversed part of what Prop 47 did. Shoplifting and certain other theft offenses can now be charged as felonies again when the person has two or more prior convictions for specified theft crimes such as shoplifting, burglary, or carjacking. Those upgraded offenses carry up to three years.7Legislative Analyst’s Office. Proposition 36 Ballot Analysis
Prop 36 also created a “treatment-mandated felony” for possession of drugs like fentanyl, heroin, cocaine, or methamphetamine when the person has two or more prior drug-related convictions. People who complete treatment have the charges dismissed; those who do not can face up to three years in state prison.7Legislative Analyst’s Office. Proposition 36 Ballot Analysis Felony sentences for theft or property damage can also be extended by up to three years when three or more people committed the crime together. Anyone whose prior convictions now fall into these new categories should talk with an attorney about how Prop 36 affects their Prop 47 eligibility.
Court-Initiated Recall Under Penal Code 1172.1
Unlike the pathways above, Penal Code 1172.1 is not filed by the person serving the sentence. It is triggered by the system. The court can act on its own motion within 120 days of commitment, or at any time when the applicable sentencing law has since changed. Recall can also be initiated by the Secretary of the California Department of Corrections and Rehabilitation, the Board of Parole Hearings, the county correctional administrator, the district attorney, or the Attorney General if the DOJ originally prosecuted the case.8California Legislative Information. California Penal Code 1172.1 District attorneys have used this to review old cases and recommend reductions, and CDCR can flag individuals whose sentences reflect outdated practices or who have shown clear rehabilitation.
At resentencing, the court treats the defendant as if never sentenced, but the new sentence cannot exceed the original. It applies current sentencing rules, including any legal changes that reduce sentences or expand judicial discretion. It must also consider postconviction factors: disciplinary and rehabilitation record in custody, whether age and time served have reduced the risk of future violence, whether the person experienced abuse, neglect, or intimate partner violence before or during the offense, and whether the person was a youth at the time of the crime.8California Legislative Information. California Penal Code 1172.1
When a prosecutor, correctional administrator, or CDCR initiates the recall, a presumption favors resentencing. The court can overcome it only by finding the person currently poses an unreasonable risk of committing a new violent felony. That presumption does not apply when the court acts on its own motion. The court can reduce the sentence, or with the defendant’s agreement, vacate the conviction entirely and impose judgment on a lesser included or lesser related offense.8California Legislative Information. California Penal Code 1172.1
Vacating a Conviction for Immigration Consequences
Penal Code 1473.7 is a separate remedy for people no longer in criminal custody. It lets someone move to vacate a conviction that is legally invalid because of a prejudicial error damaging their ability to meaningfully understand or knowingly accept the immigration consequences of the plea. The court does not have to find that trial counsel was ineffective — only that the error prejudiced the person’s understanding.9California Legislative Information. California Penal Code 1473.7
The motion can generally be filed at any time after release from custody, though the court may treat it as untimely if it was not filed with reasonable diligence after the person received a notice to appear in immigration court or a final removal order citing the conviction.9California Legislative Information. California Penal Code 1473.7 The petitioner must prove by a preponderance of the evidence that the conviction is currently causing or has the potential to cause removal or the denial of an immigration benefit. If granted, the conviction is vacated. That often leads to a new plea on a different charge that avoids the immigration problem.
What Happens at the Resentencing Hearing
Whichever pathway gets you there, the hearing looks at who the person is now, not just who they were at the time of the offense. Conduct in custody, participation in educational and rehabilitative programs, and changes in circumstances all matter. Under PC 1172.6, the court appoints counsel on request.2California Legislative Information. California Penal Code PEN 1172.6 Under PC 1172.1, the court must notify the defendant, set a status conference, and honor the right to representation.
The typical outcomes are a shorter prison term, immediate release when time served already exceeds the new term, or conversion of remaining time to parole or post-release community supervision. Under PC 1172.1, the new sentence cannot be longer than the original.8California Legislative Information. California Penal Code 1172.1 Under PC 1172.6, once the murder conviction is vacated, the person is resentenced only on the remaining charges, which usually carry far shorter terms.
Effect on Your Record and Civil Rights
A successful resentencing can reach beyond time in custody. When a felony gets reduced to a misdemeanor under Prop 47, the person is treated as a misdemeanant for nearly all purposes going forward. That can restore the right to serve on a jury, remove felony-record barriers to housing and employment, and restore voting rights for anyone still on supervision.
Firearms are more complicated. California may restore gun rights when a felony is reduced to a misdemeanor, but federal law under 18 U.S.C. 922(g) independently prohibits firearm possession by anyone convicted of a crime punishable by more than one year of imprisonment. Federal restrictions do not automatically fall away because a state court reclassified or vacated a conviction. Anyone in this position should talk with an attorney familiar with both state and federal firearms law before assuming rights are restored.
For non-citizens, a vacated conviction can eliminate grounds for deportation and restore eligibility for visas, green cards, and naturalization. The details matter. Immigration authorities distinguish between convictions vacated on the merits and convictions vacated purely for immigration relief. An expungement under Penal Code 1203.4 does not erase the immigration consequences of a conviction; the 1473.7 motion is specifically built to fill that gap, and for non-citizens facing removal it may be the most consequential form of post-conviction relief California offers.9California Legislative Information. California Penal Code 1473.7