Prop 47 in 2026: Turning Old Drug and Theft Felonies Into Misdemeanors

Yes, you can still use Prop 47 in 2026. Since October 8, 2023, there has been no filing deadline. If you have an eligible felony for drug possession or low-value theft, the court may change it to a misdemeanor. Many people I speak with believe this chance has passed. It hasn’t, and an old felony doesn’t have to define your record.

Reviewed by Allison Cole, Attorney | Last updated November 4, 2026

What is Prop 47?

California voters approved Proposition 47, the Safe Neighborhoods and Schools Act, in November 2014. It made certain drug possession and low-level theft crimes misdemeanors. It also created a way to fix older felony convictions for those same crimes. That process lives in Penal Code section 1170.18.

Resentencing vs. redesignation

The law has two tracks. The right one depends on where you were in your case on November 5, 2014.

• Resentencing (PC 1170.18(a)-(e)). This track is for people still serving a felony sentence on that date. You file a petition to recall the sentence. If you qualify, the court resentences you to a misdemeanor. You get credit for time served. You are also subject to parole for one year, unless the court releases you from parole. The new sentence can’t be longer than the original.
• Redesignation (PC 1170.18(f)-(h)). This track is for people who have finished their sentence. You file an application. If it meets the criteria, the court “shall designate” the felony a misdemeanor.

In 2026, most of the people I help are on the redesignation track. Their sentences ended years ago.

Is there still a Prop 47 deadline?

No. The original law set a filing deadline, and that old deadline has passed. However, Senate Bill 749 removed it. The bill took effect on October 8, 2023. It also removed the old “good cause” requirement for late filings.

So you no longer need to explain why you waited. The current statute sets no deadline for a petition or an application. I understand that years of hesitation can feel heavy. Please know that the timing is not held against you under the current law.

Questions about your record? Call me at (408) 417-0477 for a free consultation.

Which convictions qualify for Prop 47?

The law applies when your crime would have been a misdemeanor had the law been in effect back then. The statute ties eligibility to specific code sections.

Drug possession offenses

Simple possession may qualify under these Health and Safety Code sections:

• 11350 (possession of certain controlled substances);
• 11357 (concentrated cannabis possession); and
• 11377 (possession of other controlled substances, such as methamphetamine).

Sales, transportation and possession for sale do not qualify.

Theft offenses of $950 or less

Several theft-related crimes qualify when the value was $950 or less. The California Courts self-help page lists these:

• commercial burglary of an open store during business hours, now shoplifting (PC 459 and 459.5);
• forgery (PC 470-476 and 473);
• bad checks (PC 476a);
• grand theft (PC 487), now petty theft under PC 490.2;
• petty theft, including petty theft with a prior (PC 484 and 666); and
• receiving stolen property (PC 496).

Some other theft offenses may qualify. Whether yours does depends on the exact charge and the facts.

Who is excluded

Under PC 1170.18(i), the law does not apply if you have a prior conviction for either:

• a “super strike” listed in PC 667(e)(2)(C)(iv), such as a homicide offense, certain sex crimes against children, or a serious or violent felony punishable by life; or
• an offense that requires sex offender registration under PC 290(c).

How a court decides a Prop 47 petition

The two tracks follow different rules.

On the resentencing track, the court must resentence an eligible person. The one exception is an “unreasonable risk of danger to public safety.” PC 1170.18(c) defines that phrase narrowly. It means an unreasonable risk that you will commit a new super strike offense. It is not a general test of whether you seem dangerous. The judge may look at your criminal history, your record in custody, and other relevant evidence. These hearings also give crime victims rights under Marsy’s Law.

On the redesignation track, there is no danger test. If your application meets the criteria, the court must grant it. A hearing is not required unless you ask for one. Even so, the judge still decides whether your conviction truly qualifies. That review depends on your records.

What a Prop 47 reduction does and doesn’t change

Under PC 1170.18(j), a reduced conviction counts as “a misdemeanor for all purposes.” That can matter for jobs, housing and professional licenses.

There is one important exception. This reduction does not restore your right to own or possess a firearm. The state firearm ban in PC 29800 still applies to that conviction.

A reduction also has limits. The case is still a conviction, now a misdemeanor. It will not vanish from your record on its own. However, PC 1170.18(l) keeps your other remedies in place. After a reduction, you may be able to seek a dismissal. You can learn about dismissing a conviction under PC 1203.4. You may also qualify for record sealing in some cases. Some older records may already qualify for automatic Clean Slate relief.

Did Prop 36 change Prop 47 reductions?

Voters approved Prop 36 in November 2024. It did not repeal PC 1170.18. A past reduction still stands, and you can still apply for one now.

Prop 36 changed how new cases are charged and sentenced. For example, a new petty theft may be charged as a felony after certain prior theft convictions. Some new drug possession cases may also become felonies after prior drug convictions.

This is the point I want readers to understand. A reduced misdemeanor is still a conviction. It may count as a prior under these newer rules. I keep this in mind when I review your whole record.

How to apply for a reduction in 2026

Every case starts with a careful look at the record. I handle these steps for my clients, but here is the general picture.

Get your records

The court needs to know the exact code section, the value involved and your sentence. Older files can be incomplete. Your full criminal history also matters, because a single excluded prior can end eligibility.

File with the court that sentenced you

You ask the trial court that entered the original judgment. There is no statewide Judicial Council form for this relief. Some courts have local forms. The dismissal forms used for PC 1203.4 and 17(b) are not forms for this relief. If the original judge is unavailable, PC 1170.18(k) lets the presiding judge assign another judge.

Prop 47, 17(b) or 1203.4: which fits?

These tools solve different problems. Many people need more than one.

Option	Who it helps	What it does
Prop 47 (PC 1170.18)	Eligible drug possession and theft felonies from before November 2014	Felony becomes a misdemeanor; firearm ban stays
PC 17(b)	“Wobblers” that could be charged either way	Judge may reduce the felony to a misdemeanor
PC 1203.4	Many completed probation and jail cases	Case is dismissed; conviction still exists for some purposes

For wobblers, read how a PC 17(b) felony reduction works. You can also see my felony reduction services and learn what shows on a background check.

An old felony doesn’t have to define your record. Call me at (408) 417-0477 for a free consultation. I’ll review your conviction and explain whether Prop 47, a 17(b) reduction or a dismissal may fit.

Frequently asked questions

Is there still a deadline to file for Prop 47?

No. Senate Bill 749 removed the filing deadline effective October 8, 2023. If you have an eligible felony drug possession or low-value theft conviction from before November 2014, you can still ask the court that sentenced you to reduce it to a misdemeanor under Penal Code section 1170.18.

Which felonies can be reduced under Prop 47?

Prop 47 covers simple drug possession under Health and Safety Code sections 11350, 11357 and 11377. It also covers several theft-related offenses involving $950 or less. These include shoplifting, petty theft, forgery, bad checks and receiving stolen property. Sales and transportation offenses don’t qualify. Some other theft offenses may qualify.

Who is not eligible for Prop 47?

You are not eligible if you have a prior conviction for a “super strike” offense listed in Penal Code section 667(e)(2)(C)(iv), such as murder. A prior offense requiring sex offender registration under section 290(c) also bars relief. The conviction itself must also be one the initiative made a misdemeanor.

Did Prop 36 undo Prop 47 reductions?

No. Prop 36, passed in November 2024, did not repeal Penal Code section 1170.18, and past reductions still stand. It changed penalties for new cases, such as felony charges for repeat theft and some drug possession. A reduced conviction may still count as a prior conviction under those new rules.

Does a Prop 47 reduction restore gun rights?

No. Penal Code section 1170.18(j) says a reduced conviction is a misdemeanor for all purposes except firearms. The reduction does not let you own or possess a gun because of that conviction. It can still help with jobs, housing and licensing, and other options may address firearms.

Serving clients across California

Based on the Central Coast in Santa Cruz County, Allison Cole Law provides services statewide. From San Diego to Eureka, we are ready to assist you. Give us a call today at (408) 417-0477.

Disclaimer: This article is attorney advertising. It is general information, not legal advice, and reading it doesn’t create an attorney-client relationship. Laws change; check with the court or an attorney about your case.