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Can My Prior Drug Conviction Be Expunged Now that Pot Is Legal?

Feb 07, 2018 by Mike McKneely in Criminal Defense, Drug Charges

If you have a California marijuana possession conviction on your record, it may have caused you a number of problems. But now that recreational marijuana is legal in California, you may wonder “can my drug conviction be expunged?” The answer depends on your specific conviction, your age at the time of the offense, and your criminal record.

If you have a marijuana conviction on your record, contact a Fresno drug charge attorney from Michael McKneely, Criminal Defense Lawyer right away. Contact us today at (559) 443-7442 to schedule a free case consultation.

Prop 64: Re-designation of Certain Offenses

Proposition 64 (Prop 64) made recreational marijuana legal in California. It also enables you to reduce certain felony marijuana offenses to misdemeanors, have certain misdemeanors re-classified as infractions, or to have your current sentence reduced for certain offenses.

If you were convicted of a felony sale of marijuana, possession of marijuana for sale, or cultivation of marijuana, then you need to speak with an attorney about reducing your conviction.

Prop 64: Seal and Destroy Records

Prop 64 authorizes counsel to petition for the records of certain convictions to be sealed and destroyed. This is not the same as having a conviction re-designated to a misdemeanor or infraction, but instead removes the conviction from your record.

If your previous conviction is based on conduct that would now be legal, such as possession a small amount of marijuana when you are 21 or older, then you can petition for your records to be sealed and destroyed.

Other offenses that are now legal include:

  • Possession of less than eight grams of concentrated cannabis by someone 21 years or older
  • Cultivation of six or fewer plants by someone older than 21 years
  • Transporting less than 28.5 grams of marijuana by a person 21 years old or older
  • Transporting less than eight grams of concentrated cannabis as a 21 year old or older
  • Offer to give, for free, less than 28.5 grams of marijuana to another person who is over 21 years

If you believe the actions that led to a criminal conviction in your case would now be legal, contact a drug attorney immediately. You may have the opportunity to expunge your record.

More Help May Be Possible

San Francisco and San Diego have decided to address the issue of legal recreational marijuana and past drug offenses directly. These cities are automatically expunging certain marijuana convictions as far back as 1974. The district attorneys’ offices are reviewing the cases and will ask for numerous dismissals or reductions.

Additionally, Assembly Bill 1793 (March 2018) is currently being reviewed and debated by California legislators. Throughout most of California, you need to petition the court to have certain marijuana convictions sealed and destroyed (except possibly in San Diego or San Francisco). It is up to you to determine your eligibility for a re-designation or expungement and then to figure out the legal process. This bill would require certain marijuana criminal convictions to be automatically expunged. However, it waits to be seen whether this bill is passed. For now, it is up to you to determine your legal rights.

Ask a Drug Charges Attorney about Your Options

If you have any marijuana offense on your record, contact Michael McKneely, Criminal Defense Lawyer right away. We are here to review your record and determine your options now that recreational marijuana is legal. We will determine whether you are eligible to have your conviction reduced or entirely expunged. Either option can help you immensely.

To learn more about your rights under Prop 64, contact us today at (559) 443-7442 to schedule a consultation.

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