Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Will Marijuana Convictions Soon Be Easier to Clean from Your Record?

It’s been two years since voters in California decide to legalize the recreational use of marijuana. However, that was just one part of what Prop 64 included. Many don’t realize that there are other implications and that someone with a previous drug conviction related to marijuana could be eligible for an expungement.

The specifics of Proposition 64

Prop 64 did more than legalize recreational use of marijuana. It also authorized the creation of a state-run bureaucracy that licenses businesses in the cannabis industry, it authorized taxation of marijuana plants and products, and it approved specific protections for doctors who recommend marijuana for various health issues. It also opened up a path for people who have a marijuana conviction to seek an expungement.

There are no automatic expungements

The bad news is that Prop 64 did not create a specific path for people to clear their records. However, AB 1793, a senate bill, has now been passed. This bill, among other things, provides the legal framework for a person to have their marijuana conviction expunged. It has passed the senate but can still be vetoed by Government Brown. It is not expected to be vetoed.

The way the law could work

As it currently stands, if a person wants to clean up their criminal record, they must petition the court to do so. If this bill becomes law, it would be a different story. The California Department of Justice would be tasked with searching through all marijuana convictions back to 1975. They would have to find convictions that are eligible for expungement and send that info on to the district or city attorney.

Said attorney would have until July 1, 2020 to look at the cases to decide if they should be expunged from their record. However, note that though the bill is designed to help remove part of the burden from the person who was convicted, it would still not automatically expunge the conviction. The prosecutor could then challenge any conviction they believe should be held up.

Work with an attorney to have your previous conviction expunged

If you have been convicted of a crime and have served your time then you may be eligible to have your charge expunged. It all depends on the charge, your punishment, and the time you served. If the conviction is expunged, it would not show up on a general background check and could not be used against you if you are convicted of an additional crime. However, it could show up on deeper background checks such as those done by law enforcement.

If you have an old charge then we recommend looking into your expungement options. Reach out to Law Office of Michael L. Fell at (949) 585-9055 now for a free consultation. We can go over the basics of your case and let you know what your options are.