Last week the voters of California passed Proposition 47. In listening to some talk show hosts, it’s clear that there is some real misinformation out there. Your Rancho Cordova Expungement Attorney is here to clear it up.
First, the benefits of Proposition 47 do not apply if you are required to register as a sex offender under Penal Code section 290. This means that it is even more important than ever to do what you can to be relieved of the duty to register when and if at all possible. We can help you determine what, if anything can be done. Additionally, if you have been convicted of a serious felony as defined under Penal Code section 667(e)(2)(C)(iv) [which includes murder, child molest, rape and assault with a machine gun on a peace officer or firefighter] these new provisions don’t apply.
For everyone else, Proposition 47 will reduce what were previously felony offenses to misdemeanors. This includes most drug charges that only involved personal use (as opposed to sales), theft of anything under $950, and bad checks or forgery under $950. These provisions are retroactive which means that you can go back to court and have that old felony reduced to a misdemeanor.
Make no mistake; you can go to jail on a misdemeanor. A misdemeanor sentence can be up to one (1) year in the county jail and three (3) years of probation along with fines and fees. Just because it’s a misdemeanor does not mean that it is a get out of jail free card. But you cannot be sent to prison and most importantly you will not have a felony on your record. Getting a job with a felony on your record is exceedingly difficult. Let us help you remove that obstacle.
If you are charged with a new offense, whether it’s a felony or misdemeanor you need an experienced criminal defense attorney on your side to help you get through the adversarial system. If you have a prior felony conviction for personal use of drugs or a theft offense under $950 come see your Rancho Cordova Expungement Attorney to help you get your record cleaned up and get that felony reduced to a misdemeanor.