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Proposition 47 The Safe Neighborhoods and Schools Act FAQ (Criminal)

Proposition 47 reduces certain crimes that were felonies to misdemeanors and allows defendants who are serving time for such a crime to petition the Court to be resentenced to a misdemeanor. It also allows defendants who have completed serving their sentence on that felony to apply to have the conviction designated as a misdemeanor.


The two forms
  • Proof of Service (CRIM237)
  • Application/Petition for Resentencing and People's Response (CRIM235)
can be found at the Court's Criminal forms page.

Complete and file a Petition for Recall & Resentencing if you have been convicted either by trial or plea and are currently serving a sentence for an eligible felony charge under Proposition 47. See Penal Code §1170.18 (a) – (e).

Complete and file an Application to Have Felony Conviction Designated as a Misdemeanor  if you have been convicted by trial or plea and have completed your sentence for an eligible felony charge. See Penal Code §1170.18 (f) – (i).

The Los Angeles Superior Court has created one form named Application/Petition for Resentencing and People's Response  (CRIM235) that can be used for both Applications and Petitions. The form is available on the Court's Criminal Forms page.


Yes, your Petition or Application must be filed with the Court prior to November 5, 2017, unless good cause is shown for a later filing.


Yes, if the convictions have a different case number, you must file a separate Petition or Application. You do not need to use a separate Petition or Application for convictions that are filed under the same case number.

You must file an original and one copy of your Petition or Application  with the clerk at the courthouse where you were sentenced. You may file your Petition or Application by mail or in person. If you want a copy with proof of filing, you must enclose a self-addressed stamped envelope if filing by mail.

If you have convictions at multiple courthouses, you must file each Petition or Application at the appropriate courthouse. If that courthouse is permanently closed, please refer to the chart at the end of these FAQs to determine the courthouse at which to file your Petition or Application.

If you were convicted in another county, but you are on formal probation and your probation is being supervised in Los Angeles County pursuant to Penal Code 1203.9, you may file your Petition or Application at the Los Angeles County courthouse which received the transfer of your case.

Click here for the current listing of courthouses and addresses.


There is no filing fee.

Yes. A copy of your Petition or Application must be served on the appropriate office of the District Attorney. The Court will not serve your Petition or Application for you. It can be served by mailing a copy to the District Attorney or by hand-delivering it. If you fail to serve the District Attorney, your Petition or Application will be denied but you will be allowed to refile it after you have served the District Attorney.

A Proof of Service (CRIM237) must be filed with the Court at the time that you file your petition or application, showing when and where you served the District Attorney. It must be served by someone other than you, and that person must complete and sign the Proof of Service. You can obtain a blank Proof of Service form from the Court's Criminal Forms page.

Generally, the District Attorney’s offices are located within the courthouse where your case was heard. However, please consult the District Attorney's web page for a listing of locations and addresses.


There is no constitutional or statutory right to appointed counsel in this post-conviction proceeding. If you were represented by the Public Defender or the Alternate Public Defender at the original sentencing, those agencies have advised the Court that they will represent you in filing a Petition or Application and at any hearing in connection with your Petition or Application. If you were represented by a privately retained lawyer or did not have a lawyer at the original sentencing, the judicial officer handling your matter has discretion whether or not to appoint an attorney to assist you.

Your Petition for Recall and Resentencing  will be reviewed by a judicial officer after the time allowed for the District Attorney to file a response has lapsed. If the District Attorney does not oppose resentencing, and the judicial officer concludes that resentencing you would not pose an unreasonable risk of danger to public safety, you will be resentenced to a misdemeanor in accordance with Penal Code §1170.18(a)-(e).

If the District Attorney opposes resentencing, or the judicial officer is unsure whether resentencing you would pose an unreasonable risk of danger to public safety, the judicial officer will set a hearing date and you will be given notice of the hearing. At the conclusion of the hearing, the judicial officer will decide whether to resentence you or not.

Your Application to Have Felony Conviction Designated as a Misdemeanor  will also be reviewed by a judicial officer after the time allowed for the District Attorney to file a response has lapsed. If it appears you are eligible for resentencing, the judicial officer will designate your felony conviction a misdemeanor conviction in accordance with Penal Code §1170.18(f)-(i). The clerk will notify you by mail when this happens. As with a Petition, if the District Attorney opposes your Application, you are entitled to a hearing.


If your Petition is granted, you will be subject to parole supervision for one year by the California Department of Corrections and Rehabilitation, unless the judicial officer releases you from parole at the time of resentencing. Parole violation hearings will be heard by the superior court of the county where you are released or reside.

The judicial officer’s decision is final. If you think the judicial officer’s ruling is in error, you may appeal the denial to the Court of Appeal, Second Appellate District. To do so, you must file a Notice of Appeal with the clerk of the Superior Court (not the Court of Appeal) within the time limits allowed for taking an appeal.

Closed Courthouse New Filing Location
San Pedro Courthouse Long Beach Courthouse
275 Magnolia Ave.
Long Beach, CA 90802
Huntington Park Courthouse Foltz Courthouse
210 W. Temple St.
Los Angeles, CA 90012
Whittier Courthouse Norwalk Courthouse
12720 Norwalk Blvd.
Norwalk, CA 90650
Malibu Courthouse Airport Courthouse
11701 S. La Cienega Blvd.
Los Angeles, CA 90045
West Los Angeles Courthouse Airport Courthouse
11701 S. La Cienega Blvd.
Los Angeles, CA 90045
Beverly Hills Courthouse Airport Courthouse
11701 S. La Cienega Blvd.
Los Angeles, CA 90045
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