California Proposition 47: felony to misdemeanor.

What Prop 47 actually does

Two things, depending on when the conviction happened:

• For new cases (2014 onward): the affected felonies are simply charged and convicted as misdemeanors. The Prop 47 reduction is automatic at the charging level.
• For old felony convictions (pre-2014): defendants can petition the court to reclassify the old felony as a misdemeanor, retroactively. The court grants if the conviction was for a Prop 47-eligible offense and the petitioner is not disqualified.

Eligible offenses

Prop 47 covers six categories of offenses that were felonies pre-2014 but are now misdemeanors:

• Petty theft under $950 (Penal Code §§ 459.5, 490.2).
• Receiving stolen property under $950 (Penal Code § 496).
• Forgery under $950 (Penal Code § 473).
• Bad checks under $950 (Penal Code § 476a).
• Shoplifting under $950 (Penal Code § 459.5 — added by Prop 47).
• Simple drug possession (Health & Safety Code §§ 11350, 11357, 11377).

Disqualifications

Prop 47 reduction is NOT available for:

• People required to register under Pen. Code § 290 (sex offender registry).
• People with prior “super-strike” convictions (murder, certain sex offenses, child molestation, etc. — defined in Pen. Code § 667(e)(2)(C)(iv)).
• Certain other categorical exclusions in Pen. Code § 1170.18(i).

Prop 47 vs PC 1203.4 dismissal vs SB 731 sealing

Three different remedies, often confused. Knowing which one applies to your case is the difference between a wasted filing and the result you want.

• Prop 47 (Pen. Code § 1170.18) — reduction. Reclassifies a felony as a misdemeanor for “all purposes.” The conviction still appears on the record, but as a misdemeanor instead of a felony. Useful when the felony status itself causes a problem (firearm rights, professional licensing, immigration).
• PC 1203.4 — dismissal.“Releases the defendant from all penalties and disabilities” once probation is successfully completed. The conviction can be answered as “no” on most private-employer applications. The record still exists in court files and shows up on FBI fingerprint checks.
• SB 731 (2023) — sealing. Establishes automatic relief from disabilities for most felonies (effective July 1, 2023) and a 2-year-post- completion petition pathway for felony convictions previously excluded. The strongest of the three remedies for most public-facing background-check purposes. See the California state page for SB 731 details.

Sequencing matters

For a pre-2014 felony conviction that's Prop 47-eligible, the typical optimal sequence is:

1. Prop 47 first. Reduce the felony to a misdemeanor. This unlocks firearm rights restoration in some cases and changes the felony-vs-misdemeanor analysis for SB 731 sealing eligibility.
2. PC 1203.4 next.Dismiss the now-misdemeanor after probation is fully discharged. This makes the private-employer answer “no.”
3. SB 731 last. Petition for sealing once 2 years post-completion has elapsed. Sealing is the strongest remedy.

Sequencing varies by case — an attorney consultation often saves a wasted filing. The lawyer-match path routes to a California expungement attorney who handles all three remedies.

Filing logistics

• Where: Superior Court of the county where the conviction occurred.
• Form: Each county uses a Prop 47 application form (CR-410 in many counties; check the local court website).
• Fee:Most counties charge no fee for Prop 47 reduction; the public defender's office often assists pro bono if you don't have counsel.
• Service: The DA must be served. Most courts schedule a hearing within 60-90 days.
• Outcome: If granted, the court issues an order reducing the felony to a misdemeanor. The order propagates to the DOJ criminal history database within weeks.

Common gotchas

• Prop 47 doesn't seal or dismiss— the record is still there, just as a misdemeanor. People sometimes assume Prop 47 alone clears the record; it doesn't.
• Restitution must be paidon the underlying case for the court to grant the reduction. The civil-judgment version doesn't count — see the restitution pillar.
• Super-strike priors disqualify even old offenses. A prior super-strike conviction blocks Prop 47 retroactive reduction even if the underlying offense would otherwise qualify.
• Federal effects vary. A Prop 47 reduction changes the state record; federal background checks (FBI fingerprint) may still see the original felony status. See professional licensing.

Sources

• Cal. Penal Code § 1170.18 (leginfo.legislature.ca.gov) ↗
• California Courts — Criminal records self-help ↗
• California AG — Prop 47 explanatory text ↗