Proposition 47 is a California ballot measure, passed by voters in November 2014, that reduced certain low-level, nonviolent theft and drug possession crimes from felonies to misdemeanors. It is still the law today, but a newer measure, Proposition 36, added exceptions for repeat offenders starting in December 2024. Whether Prop 47 still helps in a specific case now depends heavily on the person’s prior record.
Here is what Prop 47 actually changed, what Prop 36 added on top of it, and what this means if you are facing a charge in Bakersfield or elsewhere in Kern County today.
What Prop 47 Actually Changed in 2014
Before Prop 47, several theft and drug crimes could be charged as felonies regardless of how minor they were. Prop 47 changed that for cases involving $950 or less.
| What changed | Details |
|---|---|
| Theft-related offenses under $950 | Shoplifting, grand theft, receiving stolen property, forgery, and writing bad checks became misdemeanors instead of felonies |
| Simple drug possession | Possessing most illegal drugs for personal use, below a set weight threshold, became a misdemeanor instead of a felony |
| Past convictions | People still serving a sentence for a now-reclassified offense could petition the court for resentencing to a misdemeanor. People who already finished their sentence could ask the court to redesignate the conviction as a misdemeanor on their record |
| Savings from the change | Directed to the Safe Neighborhoods and Schools Fund, which pays for school dropout prevention, victim services, and mental health and drug treatment programs |
Example. Before Prop 47, someone caught shoplifting $400 worth of merchandise could be charged with a felony. After Prop 47, that same case is charged as a misdemeanor, as long as the person does not fall into an excluded category, such as having certain prior serious or violent convictions. The $950 line is the same threshold that separates a misdemeanor theft from a felony one today.
Is Prop 47 Still in Effect?
Yes. Prop 47 was not repealed. A newer measure, Proposition 36, passed by California voters in November 2024 and took effect on December 18, 2024, but it works by adding specific exceptions on top of Prop 47 rather than reversing it entirely. For someone with no relevant prior convictions, a first low-level theft or drug possession case is generally still treated the way Prop 47 set out in 2014.
What Changed Under Proposition 36
Prop 36 passed with a wide margin, about 68% in favor, reflecting real voter concern about repeat offenses and retail theft. It narrows Prop 47 in specific situations rather than undoing it across the board.
| Change under Prop 36 | Who it affects |
|---|---|
| Theft becomes a felony option (“wobbler”) | Someone with two or more prior theft convictions, even if the current theft is $950 or less |
| Combining theft value across incidents | Prosecutors can now add up stolen property values from separate incidents when deciding how to charge a case |
| “Treatment-mandated felony” for drug possession | Someone with two or more prior qualifying drug convictions can be charged with a felony that requires court-ordered treatment; completing treatment avoids a conviction, but not completing it can mean up to three years in state prison |
| Fentanyl and firearm enhancement | Possessing fentanyl along with a loaded firearm now carries up to four years, up from one year before |
| Program funding | Some funding that Prop 47 had directed toward treatment and prevention programs was reduced |
Example. Someone with no prior theft convictions who shoplifts $200 worth of goods is still generally charged with a misdemeanor. Someone with two prior theft convictions who shoplifts the same $200 worth of goods can now be charged with a felony instead of a misdemeanor, because of the repeat-offense exception added by Prop 36.
Did Prop 47 Cause a Rise in Crime?
This is a genuinely debated question, and reasonable people land on different sides of it. A September 2024 policy brief from the nonpartisan Public Policy Institute of California looked at crime data from 2014 through 2020 and found a modest correlation between Prop 47 and small increases in some property crimes, including burglary, auto theft, and larceny.
However, the same research found that the rate at which property crimes were actually solved dropped much further after the pandemic began and pins most of that larger drop on pandemic-related disruptions rather than Prop 47 itself. The same research found no link between the drop in drug arrests tied to Prop 47 and any rise in violent crime and noted that violent crime clearance rates stayed fairly stable over the following two decades.
At the same time, rising concern about retail theft and repeat offenses was clearly part of what drove California voters to approve Prop 36 by a wide margin in 2024. Both things can be true at once: research data showing a limited measurable effect and a strong public sense that something needed to change. This article presents the research as it stands rather than taking a side in that debate.
Can You Still Get a Past Felony Reduced Under Prop 47?
In many cases, yes, though the process depends on your situation.
- If you are still serving a sentence for an offense Prop 47 reclassified, you may be able to petition for resentencing to a misdemeanor.
- If you already completed your sentence, you may be able to ask the court to redesignate the conviction as a misdemeanor on your record.
- This is a separate process from a Penal Code 1203.4 dismissal, which is what most people mean when they search for “expungement” in California. The two forms of relief can sometimes both apply to the same case, so it is worth having someone review your specific record.
Common Questions
What is Prop 47?
A California ballot measure passed in 2014 that reduced certain low-level theft and drug possession crimes from felonies to misdemeanors when the amount involved is $950 or less.
Is Prop 47 still in effect?
Yes. It was not repealed. Proposition 36, effective December 2024, added exceptions for people with prior theft or drug convictions, but the core of Prop 47 still applies to first-time, low-level cases.
What crimes does Prop 47 cover?
Shoplifting, grand theft, receiving stolen property, forgery, and writing bad checks under $950, along with simple possession of most illegal drugs for personal use.
How is Prop 36 different from Prop 47?
Prop 36 does not undo Prop 47. It adds specific repeat-offender rules: theft and drug possession can be charged as felonies again if the person has two or more relevant prior convictions, and it adds enhanced penalties for fentanyl combined with a firearm.
Can I still get my felony reduced under Prop 47? Often, yes, through resentencing if you are still serving your sentence, or redesignation if you already finished it. Whether you qualify depends on the specific offense and your record.
What This Means If You Are Facing Charges in Bakersfield or Kern County
Whether Prop 47 or one of the Prop 36 exceptions applies to your case depends heavily on your specific charge and any prior convictions on your record. If you are facing any criminal charges and are not sure how Prop 47 or Prop 36 applies, or if you are wondering whether a past conviction still qualifies for reduction, our Bakersfield expungement attorneys offer a free initial consultation to review your record and explain your options.
