BEGIN

WOULD IT BE A FELONY UNDER PROP 47?

NO for PC459 2nd Degree Burglary (Shoplifting 459.5) PC476a Writing Bad
Checks: cumulative value<$950 PC496(a) Receiving Stolen Property: value<$950
PC666 Petty Theft with a Prior PC470/473 Forgery: value<$950 PC487
Grand Theft: value<$950 H&S11350 Unlawful Drug Possession H&S11357
Unlawful Drug Possession H&S11377 Unlawful Drug Possession.
YES for felonies other than simple drug possession or thefts under $950.

NO

YES

Registered Sex Offender?

NO

YES

STOP
YES

Currently Serving Sentence?

NO

YES
Danger to Society?

Judge determines unreasonable risk of

committing violent feloniesPC1170.18

NO

YES

Forgery Under $950? (over $950 disqualifies)

NO

YES
ID Theft? PC530.5
NO

YES

Writing Bad Checks?

NO

YES
3 Prior 470, 475, 476?
NO

YES

consider
expungement

Created by Peoples College of Law student body www.peoplescollegeoflaw.edu

NO

NO Prop 47
Relief

Proposition 47 Qualification Flowchart

Super Priors? (e.g. violent felonies)

Prop 47 Reduction to Misdemeanor Likely