As of January 1st, 2018, marijuana was legal in the state of California. This is great news for those who enjoy it or need it for medical reasons, but it’s leaving many people with marijuana offenses on their records to wonder: What are my options? The good news is that there are provisions included in the new laws that ensure that almost every marijuana offense is eligible for expungement.
The number of people affected is staggering
The Drug Policy Alliance has looked at how many offenders might be eligible to have their criminal records expunged. They’ve found that almost half a million people were arrested for a crime related to marijuana in the state of California from 2006 to 2015. Those people can now work to be released from custody or, in the event that they’re free, to have their record cleared.
The ins and outs of Prop 64
In accordance with Prop 64, many offenses related to marijuana are reclassified. Some felonies were converted to misdemeanors, some misdemeanors were changed to infractions, and some offenses are no longer illegal at all. This went into effect as of 2016 and since then, around 4,500 people have filed petitions to either have their records expunged or their sentences reduced.
However, there are plenty of folks who don’t know that the recent changes to the law allows for many people to get post-conviction relief. Some estimates show that as many as one million people have convictions that may be reviewed under the new laws.
Are you eligible for post-conviction relief?
If you are serving time in custody, are on probation, or are on parole for an offense related to marijuana then you may be eligible to be resentenced. This could allow you to get out of custody, to end your probation, or to end your parole.
Even if you’re not in custody or subject to parole or probation, having a conviction on your record could make it harder to get a job and make it impossible to be approved for certain professional licenses. If you’re in this position then you want to talk to an attorney right away. For example, if you were convicted of possessing less than an ounce of marijuana, this is no longer a crime and you are likely eligible to have your record expunged.
Don’t live with convictions on your record if you don’t have to
Even if you don’t think that your conviction is affecting your life, remember that it could in the future. For example, if you are arrested for another crime then your previous record could lead to a harsher sentence. What may otherwise result in nothing more than a fine could result in jail time if you have a criminal record.
To get the process started, contact Law Office of Michael L. Fell at (949) 585-9055 today. During our free case evaluation, we can let you know what your options are.