Opportunity: Prop. 47 Clean Slate [Low-Level, Nonviolent Felonies Changed to Misdemeanors]
Proposition 47 is the ballot initiative passed by California voters on November 4, 2014, reduces certain drug possession felonies to misdemeanors. It also requires misdemeanor sentencing for petty theft, receiving stolen property and forging/writing bad checks when the amount involved is $950 or less.
No one is automatically released from state prison because of Proposition 47. The new law allows people who are already serving a felony conviction for these crimes to petition the court for re-sentencing. In addition, Proposition 47 allows a person who has completed his/her sentence for the specified offenses to file an application before the trial court to have the felony conviction reduced to a misdemeanor.
Under Proposition 47 the following crimes committed in the state of California are now misdemeanors:
- Simple drug possession
- Petty theft under $950
- Shoplifting under $950
- Forgery under $950
- Receipt of stolen property under $950
- Writing a bad check under $950
Prop. 47 Excludable Offenses can be found HERE
Eligible inmates who petition the court are required to be re-sentenced unless the court finds an unreasonable risk to public safety.
People who are eligible for Prop 47 relief should contact the public defender's office in the county in which they were convicted list found HERE
People who are eligible for Prop 47 relief should contact the public defender's office in the county in which they were convicted list found HERE
Eligible inmates must file a petition or application to the court that sentenced them by November 4, 2017 petition forms for all counties can be found HERE
Seven Steps of Prop 47
STEP 1: CONTACT A LIVE SCAN VENDOR list HERE. They will have the forms and equipment necessary to order your RAP sheet.
STEP 2: FILL OUT FORMS RAP Sheet Fee Waiver Form – if your family receives government benefits or is very low income, you may be eligible to waive the $25 RAP sheet fee. (Ask your local Live Scan vendor for a this form) Request for Live Scan Service Form – you must fill out this form, make 2 copies, and pay a $25 RAP sheet fee, if not already approved for a fee waiver.
STEP 3: FINGERPRINTING Your local Live Scan vendor will take your fingerprints and submit them along with your completed “Request for Live Scan Service” form, and your $25 Rap sheet fee to the Dept. of Justice for processing. Note: the local Live Scan vendor will charge a non-waivable fingerprinting fee of approximately $10 - $40.
STEP 4: MAKE RECLASSIFICATION PACKET Your Reclassification forms found HERE + Your RAP sheet from Live Scan location found HERE = Your Reclassification Packet. ( Make 3 copies of each: 1) for Superior Court 2) for DA 3) for Yourself and one packet for each felony)
STEP 5: FILE YOUR PAPERS with the DA’s office where you were convicted list found HERE and with the Superior Court where you were convicted list found HERE (one for each felony)
STEPS 6: Wait for approval in the mail. You are entitled to a hearing if there is a dispute.
STEPS 7: ACCESS NEW OPPORTUNITIES and benefits now that your felony has been reclassified
Hit me if you need have questions about the process urbanroyaltyincorporated @ gmail.com :)
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