A felony conviction can have serious repercussions for employment, loans and grants and immigration. With a Proposition 47 Petition, you have a chance at getting your felony reduced to a misdemeanor.
- Background on Proposition 47
California voters passed this proposition to allow people who had been convicted of certain felonies to have those felonies reduced to misdemeanors.
- What are some of the types of felonies that work for a reduction under Proposition 47?
- Certain felonies such as shoplifting, forgery, check fraud, theft , receiving stolen property where the amount was less than $950
- Is there a deadline on when these petitions can be filed?
- Yes, consult with your attorney on deadlines and filing requirements. Typically, the petition must be filed in the original court where you were sentenced.
- Who is not eligible?
- If you have had a previous conviction for certain sex offenses (such as rape, child molestation) or certain violent crimes (such a murder, or attempted murder), then you would not be eligible to petition a court for resentencing under Proposition 47.
- Will there be a hearing?
- A hearing is not mandatory, but may be involved. If you are out of state, contact an attorney about a Proposition 47 reduction.
- What are my chances?
- The court will look at whether you satisfy the criteria and then grant the petition unless resentencing you would grant an unreasonable risk of danger to public safety.
- How many other people have filed these petitions?
- As reported by NBC Sand Diego back in 2014, thousands of Prop 47 Petitions have been filed. With the deadline to file fast approaching, now is the time to make a decision if you have been considering filing a Proposition 47 Petition. (See http://www.nbcsandiego.com/news/local/Prop-47-Has-Immediate-Impact-on-SD-Judicial-System-Attorney-281711231.html)
Note: This article does not list in its entirety the types of crimes for eligibility or ineligibility. This article is not intended as legal advice. Rather, it is informative about introductory information regarding Proposition 47 and interested parties are encouraged to seek legal advice from an attorney.
