& Experienced
What Is Proposition 47?
Originally passed in 2014, Proposition 47 changed the legal landscape by reducing many nonviolent property and drug offenses from felonies to misdemeanors. The law also created a mechanism for individuals to petition the court to have qualifying prior felony convictions reduced to misdemeanors, offering a pathway to expungement, restored rights, and better job prospects.
Common Offenses Reclassified Under Prop 47:
- Possession of a controlled substance (HS §11350)
- Possession of concentrated cannabis (HS §11357(a))
- Petty theft under $950 (PC §484/488)
- Shoplifting under $950 (PC §459.5)
- Forgery under $950 (PC §473(b))
- Writing a bad check under $950 (PC §476a)
- Receiving stolen property under $950 (PC §496)
Proposition 36 and Recent Changes (Effective 2025)
In November 2024, California voters approved Proposition 36, modifying some of the relief available under Proposition 47. The key changes include:
- Repeat Theft Offenders: Individuals with two or more prior theft convictions can now be charged with felonies, even if the value is under $950.
- Drug Offenses: Courts may impose felony charges for certain drug possession crimes under new conditions, particularly for repeat violations or where treatment diversion has failed.
- Expanded Judicial Discretion: Judges now have more authority to deny reclassification or resentencing if they believe doing so poses a risk to public safety.
If you were previously eligible under Prop 47, these changes may impact your case. However, many individuals still qualify for relief, especially those with a clean record since the conviction.
Are You Eligible for Relief?
You may be eligible to reduce a past felony to a misdemeanor if:
- The conviction involved a qualifying offense
- You were not convicted of a serious or violent crime (as defined under PC §§ 667.5 or 1192.7)
- You are not currently serving a sentence for another felony
- You are not listed as a registrant under Penal Code §290
Even with Proposition 36 in effect, relief is still possible, but the law is more complex. You need legal counsel that understands how to advocate for your best outcome under the current sentencing structure.
Why Hire The Bogan Law Firm
Attorney Tai C. Bogan is a Certified Criminal Law Specialist with over 20 years of experience fighting for people throughout California’s Central Valley. Our team knows how to prepare and file Prop 47 petitions, challenge unfair denials, and push back when prosecutors or judges resist relief.
We provide personalized legal attention and don’t treat clients like just another file. If you or a loved one may benefit from Prop 47 or are unsure how Proposition 36 affects your options, we’ll walk you through every step.
Contact Us Today
Don’t let an old felony hold you back. Call (209) 565-3425 or fill out our contact form to schedule a consultation. We’ll evaluate your eligibility and develop a strategy to reduce your conviction under California’s changing laws.