Prop 47 record relief in Shasta County

Proposition 47, passed by California voters in November 2014, changed certain low-level drug-possession and theft crimes from felonies to misdemeanors. If you have one of these felony convictions from before then, you may be able to have it redesignated as a misdemeanor.

Which convictions may qualify

Under Penal Code 1170.18, people convicted before November 2014 of these offenses may qualify:

• Simple drug possession (no sales or transportation) under Health and Safety Code 11350, 11357(a), or 11377.
• Commercial burglary of $950 or less from an open business, now “shoplifting” (PC 459.5).
• Grand theft or petty theft where the value was $950 or less, including some petty theft with a prior.
• Receiving stolen property worth $950 or less.
• Forgery or writing bad checks of $950 or less.

Some other theft-related offenses may also qualify depending on the facts.

Who isn’t eligible

You generally can’t get Prop 47 relief if you have a prior conviction for a “super strike” offense (such as murder or certain serious sex offenses) or for an offense that requires sex-offender registration under PC 290(c).

Is there still a deadline?

For people who have finished their sentence, there used to be a deadline to apply. According to the California courts’ self-help guide, that deadline was removed effective October 8, 2023, so older cases may still be eligible. The court may still ask why you’re applying now, so it helps to explain your reasons.

How it works in Shasta County

• If you’ve finished your sentence: you file an application to have the felony redesignated as a misdemeanor. If you qualify, the court must grant it.
• If you’re still serving the sentence (including probation or parole): you file a petition for resentencing. The court can deny it if it finds you would pose an unreasonable risk of danger to public safety.

There’s no statewide form, so the request is filed in Shasta County Superior Court on a local form or as a written petition. The District Attorney gets notice and may respond.

Prop 47 plus an expungement

A Prop 47 reduction changes the felony to a misdemeanor. It doesn’t dismiss the case. Many people then ask for a PC 1203.4 dismissal too, often in the same filing, so the record shows both the reduction and the dismissal.

What it doesn’t change

A Prop 47 misdemeanor counts as a misdemeanor for all purposes except one: the law specifically says it doesn’t restore the right to own or possess a firearm. Non-citizens should talk to an immigration attorney before filing. If your old felony wasn’t one of the Prop 47 offenses but was a wobbler, a 17(b) reduction may be an option instead.

Common questions

My drug case was from 2012. Is it too late?

Possibly not. The application deadline for people who finished their sentence was removed in 2023. We can check whether your conviction is one of the Prop 47 offenses.

Does Prop 47 clear my record?

It reduces the felony to a misdemeanor but doesn’t dismiss it. A PC 1203.4 dismissal is a separate step that can usually be requested at the same time.

What if the value was over $950?

Then Prop 47 generally doesn’t apply, but a 17(b) reduction or a 1203.4 dismissal may still be available.

This page is general information, not legal advice, and it may not reflect the latest changes in the law. Every case is different and no particular result is guaranteed. Reading it does not create an attorney-client relationship.

More guides: Shasta County expungement process · PC 1203.4 eligibility · DUI expungement · Felony reduction (17b) · Prop 47 · Arrest sealing · Jobs & background checks · Cost · FAQ