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What You Need to Know About Proposition 47

On November 4, 2014, California voters passed the ballot initiative Proposition 47, which lessens the penalty for crimes that fit the category of "nonviolent" and "nonserious." The bill affected certain drug crimes, theft crimes, and fraudulent activity, reducing them from felonies to misdemeanors.

For example, crimes like petty theft, receiving stolen property, and forging/writing bad checks are now only sentenced as misdemeanors where the amount of stolen property amounted to $950 or less.

Individuals who were formerly sentenced with the harsher penalty may either petition for a resentencing--if still serving jail time or other penalties--or, petition for an amendment to their criminal record if the penalties were already served. They must do so by November 4, 2017, which is four years after the bill passed.

However, the following conditions make some unqualified to petition for a resentencing:

  • An individual is ineligible if he or she has previous convictions for sex offenses including rape, child molestation and other sex offenses; murder, attempted murder and solicitation to commit murder; assault with a machine gun on an officer; or any serious or violent crime punishable by a life sentence or death.
  • Any inmate required to register as a sex offender is not eligible.

The Law Office of Ivan O.B. Morse represents the residents of Dublin, CA in all of their criminal cases. Contact our firm today for the help that you need.