Record cleaning: Felony convictions and Proposition 47
Information about who is eligible and how to ask to have a felony conviction dismissed or reduced. Whether you're eligible and what steps to take depend on many factors, like what the conviction was for and what your sentence was.
Paths to dismiss a felony conviction
You can ask to have your felony conviction dismissed if both:
- You have no new cases pending
- You are not on probation or parole in any case
If you are still on probation in the case, you must also ask for early termination from probation, under Penal Code section 1203.3. There is no statewide form for this request, but you may write your own request and file it with the court.
Depending on your sentence, there are 4 paths to request dismissal of a felony conviction:
- If you satisfied the terms and conditions of your probation, or if you were granted early termination of probation, the court must grant your petition to dismiss.
- If you did not satisfy the terms and conditions of your probation, it is up to the court whether or not to grant your petition. You may attach supporting documents to convince the court that granting your petition would be “in the interests of justice.”
- You can ask to reduce the conviction to a misdemeanor if the offense is a “wobbler.” (Penal Code section 17(b).) A wobbler is an offense that can be either a felony or misdemeanor. To find out whether you were convicted of a wobbler, you will need to look up the code section for your conviction. If the code section mentions county jail as a possible sentence, then the offense is a “wobbler.”
To request dismissal, use Form CR-180, and submit the order (Form CR-181) for the judge to sign.
- If your sentence included mandatory supervision, the case can be dismissed one year after you complete your sentence. It is up to the court whether or not to grant your petition. You may attach supporting documents to convince the court that granting your petition would be “in the interests of justice.”
- If your sentence did not include mandatory supervision, the case can be dismissed two years after you complete your sentence. It is up to the court whether or not to grant your petition. You may attach supporting documents to convince the court that granting your petition would be “in the interests of justice.”
To request dismissal and reduction, use Form CR-180, and submit the order Form CR-181 for the judge to sign.
- Before January 1, 2023, if you were convicted of a felony offense and served time in state prison, you could only ask to have your case dismissed if a change in the law made that same offense punishable by a county jail sentence instead of a prison sentence, or if you participated in a fire camp or instituional firehouse.
- Starting January 1, 2023, if you were convicted of a felony offense and served time in state prison, and the conviction did not result in a requirement to register as a sex offender, the case can be dismissed two years after you complete the prison sentence. It is up to the court whether or not to grant your petition. You may attach supporting documents to convince the court that granting your petition would be “in the interests of justice.”
- You may also apply for a certificate of rehabilitation and pardon. See the Certificate of Rehabilitation and Pardon section for more information.
To request dismissal, use Form CR-180, and submit the order Form CR-181 for the judge to sign.
- If you successfully participated in a fire camp program or institutional firehouse while serving time in state prison or county jail, and your conviction was not for certain serious offenses, you can ask the court to dismiss your conviction under Penal Code section 1203.4b. It is up to the court whether or not to grant your petition. You may attach supporting documents to convince the court that granting your petition would be “in the interests of justice.”
To request dismissal, use form CR-430. You should also include form CR-431 (which the court will forward to the California Department of Corrections or the appropriate county authority to confirm your successful participation) and form CR-432 (which the judge will use to grant or deny your request).
For more information and frequently asked questions, read form CR-430-INFO.
Proposition 47: Reducing felony convictions for drug possession and low-level theft convictions to misdemeanors
Under Proposition 47, some individuals are eligible to have certain felony drug or theft convictions reduced to a misdemeanor.
Who is eligible
You may be eligible to reduce your felony to a misdemeanor under Penal Code section 1170.18 if prior to November 2014 you were convicted of either:
- Simple drug possession (no sales or transportation) under Health and Safety code sections §§ 11350, 11357(a), or 11377
- Some theft offenses, where the value was not more than $950
The following theft offenses are eligible:
- Commercial burglary of $950 or less from a store during business hours (Penal Code section 459)
- Forgery of $950 or less (Penal Code section 470-476)
- Fraud/bad checks of $950 or less (Penal Code section 476a)
- Grand theft of $950 or less (Penal Code section 487)
- Petty theft of $950 or less (Penal Code sections 484, 484/666)
- Receiving Stolen Property of $950 or less (Penal Code section 496)
Some other theft offenses may be eligible, but you must do legal research or consult a lawyer to find out.
Additionally, to qualify:
- You can't have a prior conviction that requires you to register as a sex offender under Penal Code section 290(c)
- You can't have a “super strike” conviction
Applications
Previously, the deadline to apply for reduction under Proposition 47 was November 22, 2022. However, effective October 8, 2023, the deadline was removed, and individuals may continue to ask the court to reduce eligible convictions under Proposition 47.
There is no statewide form to apply for Prop 47 relief. Check with the court where the conviction occurred to find out if there is a local form. If no form is available, you may write your own request and file it with the court. You will need to show the court a good cause why you missed the filing deadline. There may be a local legal organization that can help you with the process.
If the court finds that your conviction is eligible, the court will reduce the conviction to a misdemeanor. If you went to state prison for an offense that was later changed to a misdemeanor under Proposition 47, you can apply to have your conviction dismissed. Follow the instructions in the Felony Conviction With a State Prison Sentence section above.