Proposition 47 Resentencing (PC 1170.18)

Carrying a felony conviction that Prop 47 may have reclassified as a misdemeanor? You could be eligible for relief that changes your record, your rights, and your opportunities. Our San Diego lawyers handle the entire petition process. Call 24/7.

A felony conviction follows you everywhere. Job applications, housing forms, professional licensing boards, background checks. It doesn’t matter if the offense happened five years ago or fifteen. The felony stays on your record, and it keeps working against you.

But here’s what many people don’t realize: if your conviction was for certain drug possession or low-level theft offenses, California law may have already reclassified that crime as a misdemeanor. You just haven’t filed the paperwork to make it official.

Proposition 47, the “Safe Neighborhoods and Schools Act,” passed by California voters in 2014, reduced a number of nonviolent felonies to misdemeanors. Penal Code Section 1170.18 is the mechanism that allows you to petition the court to resentence or redesignate your felony conviction accordingly.¹ The conviction doesn’t have to be permanent. What matters now is whether you qualify and whether you take the steps to get relief.

At David P. Shapiro Criminal Defense Attorneys, we’ve helped clients throughout San Diego County petition for Prop 47 reclassification, from straightforward drug possession cases to contested theft petitions where the prosecution pushed back. As experienced San Diego expungement and record-clearing lawyers, we know the courts, we know the process, and we know how to build a petition that positions you for the best possible outcome.

The bottom line is this: if you’re still carrying a felony that Prop 47 reduced to a misdemeanor, every day you wait is a day that felony continues to limit your life. Time matters. Early action creates options that disappear later.

Quick Reference: PC 1170.18 Proposition 47

Type of Relief	Petition for resentencing (currently serving) or redesignation (sentence completed)
Eligible Offenses	Certain drug possession and theft/fraud offenses (see full list below)
Theft Value Threshold	$950 or less for property-related offenses
Resentencing Standard	Court SHALL grant unless unreasonable risk of danger to public safety
“Unreasonable Risk” Defined	Risk of committing a “super strike” offense under PC 667(e)(2)(C)(iv)
Disqualifying Priors	Prior “super strike” conviction or PC 290(c) sex offender registration
Effect if Granted	Conviction treated as misdemeanor for all purposes (with limited exceptions)

What Is Proposition 47 and How Does PC 1170.18 Work?

Proposition 47 changed California law by reclassifying specific nonviolent, non-serious felony offenses as misdemeanors.² The law didn’t just apply going forward. It created a way for people already convicted of those offenses to go back and get their felony convictions reduced.

That’s where Penal Code Section 1170.18 comes in. It establishes two paths depending on where you are in the process:

If you are currently serving a sentence for a qualifying felony, you can petition the court to recall your sentence and resentence you to a misdemeanor under subdivision (a).³ If you’ve already served more time than the misdemeanor maximum, this could mean immediate release.

If you have already completed your sentence, you can file an application under subdivision (f) to have your felony conviction designated as a misdemeanor.⁴ The felony comes off your record and gets replaced with a misdemeanor.

Now, what does “for all purposes” mean? Under subdivision (h), once your conviction is resentenced or redesignated, it is considered a misdemeanor for all purposes going forward.⁵ That means on job applications, background checks, licensing boards, and in future court proceedings, the conviction is a misdemeanor. Not a felony.

There is one important exception: federal firearms restrictions may still apply even after state reclassification. We’ll cover that in more detail below.

Which Offenses Qualify for Prop 47 Relief?

Not every felony qualifies. Prop 47 applies to a specific list of offenses. Let’s walk through them.

Drug Possession Offenses

Offense	Code Section	What Changed
Possession of a controlled substance for personal use	Health & Safety Code, § 11350	Felony → Misdemeanor
Possession of methamphetamine for personal use	Health & Safety Code, § 11377	Felony → Misdemeanor
Possession of concentrated cannabis	Health & Safety Code, § 11357	Felony → Misdemeanor

Drug possession cases are the most straightforward Prop 47 petitions. There’s no dollar threshold to prove. The key question is whether your conviction was for simple drug possession (eligible) versus possession for sale (not eligible). That distinction matters enormously, and we’ll address it in the strategies section below.

Theft and Fraud Offenses (Value $950 or Less)

Offense	Code Section	What Changed
Shoplifting (entering open business with intent to steal ≤$950)	Penal Code, § 459.5	What was second-degree burglary → Misdemeanor shoplifting
Grand theft (≤$950)	Penal Code, § 490.2	Felony/wobbler → Misdemeanor petty theft
Receiving stolen property (≤$950)	Penal Code, § 496	Wobbler → Misdemeanor
Forgery/bad checks (≤$950)	Penal Code, § 473	Wobbler → Misdemeanor
Insufficient funds checks (≤$950)	Penal Code, § 476a	Wobbler → Misdemeanor
Petty theft with prior (≤$950)	Penal Code, § 666	Previously chargeable as felony → Misdemeanor

For all theft and fraud offenses, the $950 threshold is critical. If the value of the property or the amount involved exceeded $950, Prop 47 does not apply. And here’s the part many people miss: you, the petitioner, bear the burden of proving the value was $950 or less.⁶ For older convictions where records are limited, that can require real investigative work.

What Must You Prove to Get Relief?

This isn’t a criminal trial with CALCRIM jury instructions, but there are specific legal standards you need to meet. Think of it as a checklist. Miss one item, and the petition can be denied.

To qualify for Prop 47 resentencing or redesignation, you must establish:

1. Your felony conviction is for an offense that Prop 47 reclassified as a misdemeanor.

This means the offense falls within the specific list above. If your conviction was for a crime not covered by Prop 47, such as possession for sale, residential burglary, or a violent offense, this path isn’t available. But other relief mechanisms may be.

2. For theft-related offenses, the value of the property was $950 or less.

This is where many petitions succeed or fail. The California Supreme Court has made clear that the petitioner bears the initial burden of establishing eligibility, including proving the value threshold.⁷ For recent convictions, police reports and charging documents often establish value. For older convictions, you may need to gather receipts, appraisals, or other evidence of what the property was worth at the time of the offense.

3. You do not have a prior “super strike” conviction.

Prop 47 excludes anyone with a prior conviction for an offense listed in Penal Code Section 667(e)(2)(C)(iv).⁸ These are the most serious offenses in California law: sexually violent offenses, certain sex offenses against children, homicide offenses, solicitation to commit murder, assault with a machine gun on a peace officer, possession of a weapon of mass destruction, and any serious or violent felony punishable by life imprisonment or death.

4. You are not required to register as a sex offender under PC 290(c).

If you are on the sex offender registry under subdivision (c) of Penal Code Section 290, you are disqualified from Prop 47 relief regardless of the offense you’re seeking to reclassify.⁹

If you meet all four criteria, the court is required to grant your petition unless it finds that doing so would pose an unreasonable risk of danger to public safety.¹⁰

The “Unreasonable Risk” Standard

This is where the prosecution can try to block your petition, and it’s where having experienced counsel makes a real difference.

Under subdivision (c) of PC 1170.18, “unreasonable risk of danger to public safety” has a very specific, narrow definition. It means an unreasonable risk that you will commit a new “super strike” offense, those same offenses listed in PC 667(e)(2)(C)(iv).¹¹

The California Supreme Court confirmed this narrow definition in People v. Page.¹² The court cannot deny your petition simply because it thinks you might commit any crime. The risk must be that you’ll commit one of those extreme offenses. That’s a high bar for the prosecution to clear.

When evaluating risk, the court considers three categories of evidence:¹³

Your criminal history, including the type of crimes committed, the extent of injury to victims, the length of prior prison terms, and the remoteness of the crimes.

Your disciplinary record and record of rehabilitation while incarcerated, including programming, education, and work assignments.

Any other evidence the court deems relevant, which can include age, health, ties to the community, employment history, and plans for the future.

This is where preparation matters. A well-documented petition that presents evidence of rehabilitation, community support, and changed circumstances can overcome even a challenging criminal history.

What Happens If Your Petition Is Granted?

The practical benefits of a successful Prop 47 petition extend far beyond the legal record. Let’s be specific about what changes.

If You’re Currently Serving a Sentence

Your felony sentence is recalled and you are resentenced to the misdemeanor equivalent. The maximum misdemeanor sentence is one year in county jail, and credit for time already served applies.¹⁴ If you’ve already served more time than the misdemeanor maximum, you may be eligible for immediate release.

The court may impose up to one year of misdemeanor parole under subdivision (d).¹⁵ Importantly, under subdivision (j), your new sentence cannot be longer than your original sentence.¹⁶

If You’ve Already Completed Your Sentence

Your felony conviction is redesignated as a misdemeanor on your record.¹⁷ Going forward, it is treated as a misdemeanor for all purposes under subdivision (h).

What does that look like in real life?

Employment. Many job applications ask whether you’ve been convicted of a felony. With a misdemeanor redesignation, you can truthfully answer “no.” For positions requiring background checks, a misdemeanor is significantly less disqualifying than a felony.

Professional licensing. Licensing boards for healthcare, education, real estate, and other professions treat felony convictions differently than misdemeanors. Reclassification can reopen doors that a felony closed.

Housing. Landlords frequently screen for felony convictions. A misdemeanor on your record is far less likely to result in a denied application.

Immigration. This requires case-specific analysis, but reclassification from a felony to a misdemeanor can reduce or eliminate certain immigration consequences. For non-citizens in San Diego, where immigration enforcement is a daily reality, this can be the difference between remaining in the country and facing removal proceedings.

Firearm rights. Under California state law, reclassification may restore your right to own firearms. However, federal law may still impose restrictions even after state reclassification.¹⁸ This is an area where you need specific legal guidance.

Voting rights. If your felony conviction was the only reason you lost voting rights, reclassification restores them.

Future sentencing exposure. This is a strategic benefit many people overlook. A felony on your record can be used as a “strike” or a sentencing enhancement in future cases. Reclassifying that felony to a misdemeanor removes it as a tool prosecutors can use against you down the road. That’s not just about your past. It’s about protecting yourself going forward.

Proposition 36 (2024): What Changed?

California voters approved Proposition 36 in November 2024, and it modified elements of Proposition 47 in important ways. If you’re considering a Prop 47 petition, you need to understand how these changes may affect your eligibility.

Proposition 36 created a new category called “treatment-mandated felony” for certain repeat drug offenses and increased penalties for some theft offenses involving repeat offenders.¹⁹ The full impact of Proposition 36 on pending and future PC 1170.18 petitions is still being interpreted by California courts.

What does that mean for you right now? It means eligibility is more nuanced than it was before November 2024. Petitions that would have been straightforward a year ago may now require additional analysis. And it means having an attorney who understands both Prop 47 and Prop 36 is more important than ever.

We are actively monitoring how San Diego courts are applying Proposition 36’s changes to Prop 47 petitions and adjusting our approach accordingly. If you’re unsure whether you still qualify, that’s exactly the kind of question we can answer during a consultation.

Petition Strategies: How We Approach Prop 47 Cases

Every Prop 47 petition is different. The strategy depends on the underlying offense, your criminal history, and whether the prosecution is likely to oppose. Here’s how we approach these cases.

Drug Possession Cases: Establishing the Right Conviction

Simple possession cases under Health and Safety Code Sections 11350 and 11377 are among the most straightforward Prop 47 petitions because there’s no value threshold to establish.²⁰ The primary question is whether your conviction was truly for simple possession (eligible) or possession for sale (not eligible).

What does that look like in practice? We review the original charging documents, the plea colloquy, and the factual basis for the plea. If you were originally charged with possession for sale but pled to simple possession, your conviction should qualify. If the reverse happened, where the facts supported simple possession but you pled to a sales charge as part of a plea bargain, there may still be arguments for relief, though the law in this area continues to develop.

Theft Offenses: Proving the $950 Threshold

For theft, forgery, receiving stolen property, and related convictions, the burden is on you to prove the value was $950 or less.²¹ This can be straightforward for recent cases where police reports document the value. For older convictions, it requires more work.

We gather evidence including original police reports, charging documents, victim statements, store records, and when necessary, expert appraisals of property value at the time of the offense. The California Supreme Court in People v. Sherow made clear that a bare petition without supporting evidence of value is insufficient.²² We don’t file bare petitions.

Overcoming Prosecution Opposition

When the San Diego County District Attorney’s Office opposes a petition on public safety grounds, we present comprehensive evidence of rehabilitation. Completion of educational programs, vocational training, substance abuse treatment, a positive disciplinary record, community ties, employment history, age, and health status all factor into the court’s analysis.

The key advantage we press: under People v. Page, the court can only deny your petition based on the risk that you’ll commit a “super strike.”²³ Not just any crime. A super strike. That’s an extremely narrow basis for denial, and we make sure the court applies the correct legal standard.

Challenging “Super Strike” Disqualification

If the prosecution claims a prior conviction disqualifies you, we examine whether that prior actually falls within the narrow list of “super strikes” under PC 667(e)(2)(C)(iv). Not every serious or violent felony qualifies. The distinction matters, and getting it wrong can mean the difference between relief and denial.

Multiple Convictions: Strategic Sequencing

If you have multiple eligible convictions, we evaluate whether to petition for all of them simultaneously or sequence them strategically. Reducing multiple felonies to misdemeanors has compounding benefits: better employment prospects, reduced sentencing exposure in any pending matters, and a cleaner record for housing and licensing purposes.

When Prop 47 Doesn’t Apply: Alternative Paths

If Proposition 36 has narrowed your eligibility, or if your conviction doesn’t fall within Prop 47’s scope, other relief mechanisms may be available. Penal Code Section 17(b) allows reduction of wobbler offenses to misdemeanors.²⁴ Penal Code Section 1203.4 provides for expungement after successful completion of probation.²⁵ And for marijuana-related offenses, Proposition 64 created its own resentencing mechanism under Health and Safety Code Section 11361.8.²⁶

We can, and will, evaluate every available path to relief if the facts support a position to do so. Prop 47 is one tool. It’s not the only one.

Prop 47 as Part of a Broader Record-Clearing Strategy

For many of our clients, a Prop 47 petition is just the first step. Here’s how it fits into a larger strategy:

Step 1: Prop 47 reclassification. Reduce the felony to a misdemeanor under PC 1170.18.

Step 2: Expungement. Once the conviction is a misdemeanor, petition for expungement under PC 1203.4.²⁷ This withdraws your guilty plea and dismisses the case.

Step 3: Record sealing. Depending on your circumstances, you may be eligible for arrest record sealing under PC 851.91-851.92, which can further clean your record.

Each step builds on the last. A comprehensive approach to record clearing can transform your background from a barrier into a non-issue.

Related Relief Mechanisms

Relief	Code Section	How It Relates to Prop 47
Expungement	PC 1203.4	Can pursue after Prop 47 reclassification for fuller record clearing
Wobbler reduction	PC 17(b)	Alternative for wobblers not covered by Prop 47
Certificate of Rehabilitation	PC 4852.01	Additional relief for qualifying individuals
Three Strikes resentencing	PC 1170.126	Separate mechanism for third-strike defendants (Prop 36 of 2012)
Marijuana resentencing	Health & Safety Code, § 11361.8	Similar petition process for marijuana offenses (Prop 64)
Felony murder resentencing	PC 1172.6	Resentencing for felony murder accomplices (SB 1437)
Arrest record sealing	PC 851.91-851.92	Sealing arrest records after conviction relief

Facing a Felony Record That Prop 47 May Have Changed?

Prop 47 petitions require more than filling out a form. They require understanding which offenses qualify, gathering the right evidence, anticipating prosecution arguments, and presenting your case in a way that gives the court confidence in granting relief. With Proposition 36 adding new complexity to the eligibility analysis, having an attorney who stays current on these changes isn’t optional.

At David P. Shapiro Criminal Defense Attorneys, we’ve handled Prop 47 petitions across San Diego County, from the Central Courthouse downtown to Chula Vista, El Cajon, and Vista. We know which judges handle these calendars, how the local DA’s office approaches opposition, and how to build petitions that get results.

Your felony conviction doesn’t have to define the rest of your life. The sooner we start, the more options you have.

Call us 24/7 for a consultation. We’ll evaluate your eligibility, explain your options, and start building your petition. Contact our team today to protect your freedom and your future, you must know what relief is available to you.

References

1. 1. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
2. 2. Proposition 47, “Safe Neighborhoods and Schools Act” (approved November 4, 2014).↑ Proposition 47, “Safe Neighborhoods and Schools Act” (approved November 4, 2014).
3. 3. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
4. 4. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
5. 5. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
6. 6. People v. Sherow (2015) 239 Cal.App.4th 875; see also People v. Perkins (2016) 244 Cal.App.4th 129.↑ People v. Sherow (2015) 239 Cal.App.4th 875; see also People v. Perkins (2016) 244 Cal.App.4th 129.
7. 7. People v. Sherow (2015) 239 Cal.App.4th 875; see also People v. Perkins (2016) 244 Cal.App.4th 129.↑ People v. Sherow (2015) 239 Cal.App.4th 875; see also People v. Perkins (2016) 244 Cal.App.4th 129.
8. 8. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
9. 9. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
10. 10. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
11. 11. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
12. 12. People v. Page (2017) 3 Cal.5th 1175.↑ People v. Page (2017) 3 Cal.5th 1175.
13. 13. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
14. 14. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
15. 15. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
16. 16. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
17. 17. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
18. 18. See 18 U.S.C. § 922(g)(1) [federal firearms prohibition for persons convicted of a crime punishable by imprisonment for a term exceeding one year].↑ See 18 U.S.C. § 922(g)(1) [federal firearms prohibition for persons convicted of a crime punishable by imprisonment for a term exceeding one year].
19. 19. Proposition 36, “Homelessness, Drug Addiction, and Theft Reduction Act” (approved November 5, 2024).↑ Proposition 36, “Homelessness, Drug Addiction, and Theft Reduction Act” (approved November 5, 2024).
20. 20. Health & Safety Code, § 11350; Health & Safety Code, § 11377.↑ Health & Safety Code, § 11350; Health & Safety Code, § 11377.
21. 21. People v. Sherow (2015) 239 Cal.App.4th 875; see also People v. Perkins (2016) 244 Cal.App.4th 129.↑ People v. Sherow (2015) 239 Cal.App.4th 875; see also People v. Perkins (2016) 244 Cal.App.4th 129.
22. 22. People v. Sherow (2015) 239 Cal.App.4th 875; see also People v. Perkins (2016) 244 Cal.App.4th 129.↑ People v. Sherow (2015) 239 Cal.App.4th 875; see also People v. Perkins (2016) 244 Cal.App.4th 129.
23. 23. People v. Page (2017) 3 Cal.5th 1175.↑ People v. Page (2017) 3 Cal.5th 1175.
24. 24. Penal Code, § 17, subd. (b).↑ Penal Code, § 17, subd. (b).
25. 25. Penal Code, § 1203.4.↑ Penal Code, § 1203.4.
26. 26. Health & Safety Code, § 11361.8.↑ Health & Safety Code, § 11361.8.
27. 27. Penal Code, § 1203.4.↑ Penal Code, § 1203.4.