Marijuana Conviction Relief (Prop 64)

Relief for marijuana convictions which occurred prior to November 2016, under "Prop 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. Also, 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).

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

You can apply with the Petition/Application (Form CR-400) and the Proof of Service for Petition/Application (Form CR-401). If your conviction for marijuana possession (Health and Safety Code section 11357) was dismissed, you may ask the court to seal your records with the same forms.

Automatic destruction of marijuana-related arrest and conviction record

Courts are now required to clean up many marijuana-related arrest and conviction records automatically, without a petition. Therefore, it may not be necessary for you to file for this type of relief. Check first with the court where you were convicted to find out the status of your marijuana conviction. Also, consider getting your RAP sheet to see if your marijuana-related arrest or conviction records have already been cleaned up. Visit the California Department of Justice Criminal Record Information site for information on getting your RAP Sheet.