For decades, California's criminal justice system imposed felony convictions for low-level, non-violent property and personal drug possession offenses, saddling hundreds of thousands of Californians with lifelong collateral disabilities in employment, professional licensing, housing, and voting. Through the historic voter approval of Proposition 47 (The Safe Neighborhoods and Schools Act of 2014) and Proposition 64 (The Control, Regulate and Tax Adult Use of Marijuana Act of 2016), the California Penal Code and Health & Safety Code underwent a transformative structural reclassification. Under California Penal Code § 1170.18 and Health and Safety Code § 11361.8, individuals with past felony convictions can formally petition the Los Angeles County Superior Court to redesignate their convictions as misdemeanors or infractions, or secure complete vacatur and dismissal.
Proposition 47 Statutory Scope: The $950 Threshold and PC § 1170.18
Enacted in November 2014, Proposition 47 reclassified specific non-violent offenses from straight felonies or wobblers into straight misdemeanors. The core defining mechanism for property crimes was the creation of a uniform $950 valuation ceiling. Under California Penal Code § 1170.18, the following offenses are eligible for retroactive reduction:
- Shoplifting (California Penal Code § 459.5): Prior to Prop 47, entering a commercial establishment during business hours with the intent to steal property—even property worth $50—was routinely prosecuted as felony second-degree commercial burglary under California Penal Code § 459, carrying up to three years in prison. Prop 47 created the specific offense of shoplifting, mandating that entering an open business during regular hours to commit larceny where the property value is $950 or less is strictly a misdemeanor.
- Grand Theft (California Penal Code § 487): Theft of property, money, labor, or certain livestock valued at $950 or less is reclassified as misdemeanor petty theft under California Penal Code § 488.
- Receiving Stolen Property (California Penal Code § 496): Buying, receiving, withholding, or concealing stolen property valued at $950 or less is designated as a misdemeanor.
- Forgery and Bad Checks (California Penal Code §§ 473, 476a): Forging, altering, or passing bad checks, money orders, or promissory notes valued at $950 or less is reduced to a misdemeanor, provided the petitioner has no concurrent conviction for identity theft under Penal Code § 530.5.
- Simple Personal Drug Possession (Health & Safety Code §§ 11350, 11377, 11357): Unlawful possession of controlled substances—including cocaine, heroin, oxycodone, and methamphetamine—for personal consumption was reclassified from a felony to a misdemeanor carrying a maximum penalty of 364 days in county jail.
| Statutory Offense & Code Section | Pre-Proposition Classification | Post-Proposition Status | Statutory Relief Mechanism | Primary Restored Rights |
|---|---|---|---|---|
| Shoplifting California PC § 459.5 (≤ $950) |
Felony Commercial Burglary (PC § 459) | Misdemeanor (Up to 6 mos Jail) | PC § 1170.18 Petition | Removes felony stigma; clears employment background checks |
| Grand Theft / Stolen Property California PC §§ 487, 496 (≤ $950) |
Felony / Wobbler (16 mos, 2, or 3 yrs) | Misdemeanor (Up to 364 days Jail) | PC § 1170.18 Petition | Restores professional licensing eligibility; eliminates state prison enhancement |
| Simple Narcotics Possession California HS §§ 11350, 11377 |
Felony (Up to 3 yrs Prison) | Misdemeanor (Up to 364 days Jail) | PC § 1170.18 Petition | Removes felony drug conviction barrier; qualifies for clean slate relief |
| Cannabis Possession / Cultivation California HS §§ 11357, 11358, 11359 |
Felony / Misdemeanor | Infraction / Lawful / Dismissed | HS § 11361.8 Petition / AB 1793 | Complete record sealing; arrest and conviction deemed never occurred |
Legal Consequence: The 'Misdemeanor for All Purposes' Doctrine
Under California Penal Code § 1170.18(k), any felony that is resentenced or redesignated under Proposition 47 'shall be considered a misdemeanor for all purposes.' Once the Los Angeles Superior Court enters an order granting the petition, the conviction is legally transformed into a misdemeanor on the petitioner's official California Department of Justice criminal history transcript (RAP sheet). The individual can truthfully state on employment, housing, and state licensing applications that they have never been convicted of a felony for that offense. Note: Under PC § 1170.18(k), redesignation does not restore firearm rights lost due to the original felony conviction.
The Petition Process Under Penal Code § 1170.18
Securing relief under Proposition 47 is not automatic; it requires filing a formal legal petition in the Los Angeles Superior Court courthouse where the sentence was originally imposed (e.g., Clara Shortridge Foltz Criminal Justice Center, Van Nuys, Long Beach, or Compton). The procedure depends upon whether the petitioner is currently serving a sentence or has completed their court obligations:
- Petition for Recall of Sentence (PC § 1170.18(a)): Designed for individuals currently serving a felony sentence (whether in prison, county jail, or on probation/parole). If eligible, the court must recall the felony sentence and resentence the individual to a misdemeanor, giving full credit for time already served. The prosecution can only block relief if it proves by a preponderance of the evidence that resentencing would pose an 'unreasonable risk of danger to public safety.'
- Application for Redesignation (PC § 1170.18(f)): Designed for individuals who have already completed their sentence, probation, or parole. Upon establishing eligibility, the court has no discretion to deny relief based on public safety; the redesignation to a misdemeanor is mandatory.
Statutory Disqualifications and Exclusions
Not every individual with an enumerated conviction qualifies for Proposition 47 relief. Relief is statutorily barred if the petitioner has a prior conviction for:
- A sexually violent offense defined in Welfare and Institutions Code § 6600(b).
- An offense requiring mandatory lifetime registration as a sex offender under California Penal Code § 290(c).
- A 'Super Strike' offense listed in California Penal Code § 667(e)(2)(C)(iv)—including murder, attempted murder, gross vehicular manslaughter while intoxicated, solicitation of murder, assault with a machine gun on a peace officer, or any serious or violent felony punishable by life imprisonment or death.
Proposition 64 Cannabis Relief: Health and Safety Code § 11361.8
Passed by California voters in November 2016, Proposition 64 legalized the recreational possession and personal cultivation of cannabis for adults aged 21 and older, while dramatically reducing penalties for non-compliant commercial activity. Crucially, Proposition 64 codified a comprehensive retroactive relief framework in California Health and Safety Code § 11361.8.
Under HS § 11361.8, individuals with past cannabis convictions can seek specific remedial tiers:
- Complete Dismissal and Sealing: If the conduct for which the individual was convicted is now completely lawful under current law (e.g., possession of up to 28.5 grams of cannabis or cultivation of up to six plants by an adult aged 21 or older), the court will vacate the conviction, dismiss the charges, and order the arrest and conviction records sealed.
- Redesignation as an Infraction or Misdemeanor: If the conduct would now be classified as a misdemeanor or infraction (e.g., possession of cannabis for sale under HS § 11359, which was reduced from a straight felony to a misdemeanor), the court will redesignate the past felony conviction accordingly.
While Assembly Bill 1793 (2018) directed the California Department of Justice and county district attorneys to systematically review and update records for eligible cannabis convictions automatically, systemic administrative backlogs remain widespread. Filing an affirmative defense petition under HS § 11361.8 remains the fastest, most reliable method to immediately clear a client's record for pending professional licensing or corporate background checks.
Synergistic Post-Conviction Strategy: The Multi-Step Clean Slate Protocol
For individuals seeking maximum restorative relief in Los Angeles County, experienced post-conviction defense counsel orchestrates a comprehensive, multi-step clean slate protocol:
- Step 1 — Felony Reduction (PC § 1170.18): File a petition to reduce the qualifying felony conviction to a misdemeanor 'for all purposes.'
- Step 2 — Expungement (California Penal Code § 1203.4): Concurrently or subsequently file a petition for expungement under PC § 1203.4. If granted, the court permits the petitioner to withdraw their plea of guilty or no contest, enters a plea of not guilty, and formally dismisses the accusatory pleading. Under California Labor Code § 432.7, private employers are legally prohibited from asking about or considering expunged convictions.
- Step 3 — Arrest Record Sealing (California Penal Code § 851.91): File a petition to seal the underlying arrest records under the California Consumer Arrest Record Equity (CARE) Act, ensuring that both the arrest and the conviction are shielded from public commercial background check databases.