The San Joaquin County District Attorney's Office announces the current and ongoing work in response to the passage of Proposition 47 and Proposition 64. Over the past three and a half years, as a result of the propositions, we have worked with the San Joaquin County Superior Court and Public Defender's Office to review over 18, 000 cases and reduce or vacate most of these. Thus, thousands have already benefited from the modifications of their criminal histories. With the passage of Proposition 64, we are currently working to provide additional assistance. The District Attorney's Office will be petitioning on behalf of many of the misdemeanor-conviction-qualifying defendants.
If you believe you qualify for reduction pursuant to Propositions 47 and 64, please refer to our appropriate website Link . Additionally, because we have already reduced upwards of 17, 000 convictions, please visit the San Joaquin County Superior Court's portal to see whether your conviction has already been reduced or vacated.
Information explaining the components of each of the propositions is included below as a reference. Please read the following carefully if you believe you may be an eligible candidate. If you have an urgent need to expedite your relief, please submit the form provided on the web page and we will do our best to accommodate the request if deemed necessary.
On November 4, 2014, California voters passed Proposition 47, a law that reclassified some felonies to misdemeanors. Proposition 47 changed the law so that some low level, non-violent felonies can be charged as misdemeanors for most people. Proposition 47 also allows most people who have qualifying felony convictions in their past to petition the court to reclassify those convictions to misdemeanors.
Some offenses that can be reclassified as misdemeanors are theft, forgery, drug possession, burglary of a commercial establishment during regular business hours, and receiving stolen property. The reclassification is only permitted if the amount in question does not exceed $950. Persons required to register as sex offenders or who have certain prior convictions are excluded from relief under Proposition 47.
California voters passed Proposition 64 on November 8, 2016. It legalizes the responsible use of marijuana by adults 21 and over. It also reduces the criminal penalties for most remaining marijuana offenses from felonies to misdemeanors and some misdemeanors to infractions. Proposition 64 applies to both juveniles and adults. The proposition allows most people previously convicted of most marijuana felonies to have a judge reclassify their felony convictions as misdemeanors. It also allows most people previously convicted of marijuana misdemeanors to have a judge reclassify their misdemeanor convictions as infractions. It also allows some individuals to have their prior convictions dismissed and sealed entirely.
A variety of factors determine which crimes can be reclassified from felonies to misdemeanors or infractions, or dismissed and sealed. The factors include the defendant's age at the time of the offense, the type of marijuana-related crime resulting in the conviction, and whether certain disqualifying prior convictions are present. Determining if someone is eligible for relief under Proposition 64 can be complicated.
Please refer to the linked web page for more information, including contact information for further assistance.