Marijuana conviction relief (Proposition 64)

On November 9, 2016, the law related to marijuana offenses changed

Simple possession (less than an ounce) of marijuana for adults 21 years and older became legal. For many people, possession of marijuana for sale, possession of marijuana for cultivation, and sales of marijuana became misdemeanors. For people with certain prior convictions or when the offenses involved “aggravating” factors, these offenses became wobblers (meaning they could be charged either as a felony or as a misdemeanor).

Automatic review of marijuana-related criminal records

If you have a conviction that occurred before November 9, 2016, for the following crimes:

• Possession under Health and Safety Code section 11357
• Cultivation under Health and Safety Code section 11358
• Possession for sale under Health and Safety Code section 11359
• Unlawful transport under Health and Safety Code section 11360

Your conviction may be eligible for redesignation as a misdemeanor or infraction, or eligible for dismissal and sealing. Certain arrest and conviction records under Health and Safety Code sections 11357 and 11360 may be eligible for destruction.

Courts are now required to clean up many marijuana-related convictions records automatically, without the need to file a petition.

Check with the court where you were convicted to find out the status of your marijuana conviction. If the court has not already cleaned up your eligible marijuana-related conviction record, you can apply with the Petition/Application (Form CR-400) and the Proof of Service for Petition/Application (Form CR-401).

Also, consider getting your RAP sheet to see if your marijuana-related conviction record has already been cleaned up. Visit the California Department of Justice Criminal Record Information site for information on getting your RAP Sheet.