In re C.H.

—C.H. argues that following the reduction of his 2011 felony to a misdemeanor, the trial court was obligated to expunge a DNA sample he originally provided pursuant to Penal Code section 296.1. His argument is premised upon his interpretation of Proposition 47, the Safe Neighborhoods and Schools Act, enacted by the voters in 2014. Proposition 47 permitted C.H. to petition the court to redesignate his felony as a misdemeanor, and provides that once redesignated his crime is a misdemeanor “for all purposes.” (§ 1170.18, subdivision (k).) Because misdemeanants are not required by law to provide a DNA sample for the state database, C.H. says his existing sample should be expunged because he is no longer a felon. We disagree.

Proposition 47’s directive to treat a redesignated offense as a misdemeanor “for all purposes” employs words that have a well-defined meaning and have never applied to alter a crime’s original status. The provisions of Proposition 47 can be harmonized with our state’s DNA collection law, Proposition 69, giving effect to each measure. Moreover, if there is any fatal conflict between the text of the two measures, Proposition 69 controls because it is the…