When California legalized recreational marijuana, it did something many people still do not realize: it reached backward. If you carry an old marijuana conviction from a case in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, or French Valley, there is a real chance it can now be reduced, dismissed, or sealed. Proposition 64 made much of that relief available — and, for many people, automatic — but the rollout left a lot of eligible convictions untouched. These petitions are filed in the court that handled the original case, which for many local convictions is the Southwest Justice Center in Murrieta.
Key Takeaways
- Proposition 64 didn’t just legalize marijuana going forward — it made many past marijuana convictions eligible to be reduced, dismissed, or sealed.
- Under Health and Safety Code § 11361.8, a felony can be reduced to a misdemeanor, and conduct that is no longer a crime can be dismissed and sealed. The court presumes you qualify unless the prosecution proves otherwise by clear and convincing evidence.
- Since AB 1793 (2018), much of this relief is automatic — the Department of Justice flags eligible convictions for the courts — but the rollout was incomplete, and many eligible convictions were never actually cleared.
- You can still petition under § 11361.8 to obtain relief that was missed, or to confirm your record actually reflects it.
- Clearing an old marijuana conviction can remove barriers to jobs, housing, and licensing — though immigration consequences require separate, careful analysis.
How Prop 64 Marijuana Conviction Relief Works
Marijuana conviction relief under Proposition 64 is the process of going back to court to undo or downgrade a conviction that would be treated more leniently — or would not be a crime at all — under current law. Health and Safety Code § 11361.8 is the mechanism. If you are still serving a sentence, you can petition to have it recalled and be resentenced or have the case dismissed. If you have already completed your sentence, you can petition to have the conviction redesignated to a lesser offense, or dismissed and sealed.
What makes this relief unusually favorable is who carries the burden. The court is required to presume you are entitled to relief, and it is the prosecution that must prove — by clear and convincing evidence — that you do not qualify. For people who have already finished their sentences, the court generally does not even hold a hearing unless the applicant asks for one. That is a very different posture from most post-conviction requests, where the burden sits squarely on the petitioner.
Which Marijuana Convictions Qualify?
A conviction qualifies if you would not be guilty today, or would be guilty of only a lesser offense, under Proposition 64. That sweeps in a large share of pre-2016 marijuana cases. Common examples include:
- Felony cultivation that would now be a misdemeanor or an infraction
- Felony possession for sale that would now be a misdemeanor
- Felony sale or transportation that would now be a misdemeanor
- Simple possession that is no longer a crime at all for adults
The limits track current law. Relief is not available for conduct that would still be charged the same way today — large-scale or aggravated operations, sales to minors, and similar offenses that Prop 64 left fully criminal. And for someone still serving a sentence, a court can deny resentencing if it finds the person poses an unreasonable risk of danger to public safety. The relief also extends to juvenile adjudications, which matters for young people carrying a record into adulthood.
Reduction, Dismissal, and Sealing: What Relief Actually Looks Like
The relief comes in a few forms, and which one applies depends on the original offense. A former felony that is now a misdemeanor gets redesignated — reduced to a misdemeanor “for all purposes,” much like a Penal Code 17(b) reduction. Conduct that is no longer a crime gets dismissed, and the records are sealed — purged from the state’s criminal history databases.
The practical effect is significant. A redesignated conviction is no longer a felony on your record, and a dismissed-and-sealed conviction is removed from the databases that employers and landlords typically reach. The right outcome to ask for depends on what you were convicted of and whether you are seeking to downgrade the offense or erase it entirely.
“Isn’t It Automatic Now?” AB 1793 and What Still Falls Through
This is the part that costs people relief they are entitled to. AB 1793, passed in 2018, was designed to make Prop 64 relief automatic: the Department of Justice identifies potentially eligible convictions and gives prosecutors a list, and if the prosecution does not object, the court reduces, dismisses, or seals the conviction without anyone having to file a petition. In principle, eligible Californians shouldn’t have to lift a finger.
In practice, the rollout was incomplete. A large number of eligible convictions were identified, but only a portion were actually processed, and a later law was needed to push courts to finish the job. Just as common, the relief may have been granted on paper but never propagated to the records that background checks pull — so a conviction that is supposed to be reduced or sealed still shows up. The takeaways are simple: do not assume your record was fixed, check what it actually shows, and if relief was missed or never reflected, you can still petition under § 11361.8 to secure it. Confirming the record is often the whole point — especially when a job, a lease, or a license is riding on it.
Why Clearing an Old Marijuana Conviction Still Matters
Even a decade-old marijuana conviction can quietly do damage. It surfaces on employment background checks, tenant screening, and professional licensing reviews, and a felony designation compounds all of it. Redesignating the offense to a misdemeanor “for all purposes,” or getting it dismissed and sealed, removes much of that drag and lets you answer many application questions accurately without a felony hanging over the response.
One area calls for caution rather than reassurance: immigration. Marijuana convictions can carry serious immigration consequences, and Prop 64 relief may help — but federal immigration law applies its own rules and does not always treat a state reduction or dismissal the way California does. Anyone with immigration concerns should get individualized advice before relying on record relief to solve the problem.
How the Process Works in Southwest Riverside County
The petition is filed in the court that entered the original conviction, so a local case generally runs through the Southwest Justice Center in Murrieta. You assert eligibility, the prosecution gets notice and the chance to object, and — because the burden has shifted — the court grants relief unless the prosecution carries its clear-and-convincing burden to show you don’t qualify. For completed sentences, it is frequently resolved without a hearing.
It also helps to see this as one tool among several. Prop 64 relief is the marijuana-specific route, but the broader record-clearing toolkit includes reducing a wobbler felony under Penal Code 17(b) and expungement under Penal Code 1203.4 for non-marijuana convictions on the same record. For anyone still facing a current charge rather than seeking relief on an old one, that is a separate drug crimes matter. Looking at the whole record at once usually produces a cleaner result than addressing the marijuana conviction in isolation.
Clear an Old Marijuana Conviction in Southwest Riverside County
If you are carrying a marijuana conviction that Prop 64 may have made eligible for reduction, dismissal, or sealing — or you were told it was handled but it still shows up — it is worth finding out exactly where your record stands. The Law Office of Nic Cocis handles post-conviction record relief throughout Southwest Riverside County and appears regularly at the Southwest Justice Center in Murrieta. Call (951) 400-4357 or contact us for a free, confidential review of your record.
Frequently Asked Questions
Can I get an old marijuana conviction cleared in California? Often, yes. Proposition 64 allows many past marijuana convictions to be reduced from a felony to a misdemeanor, dismissed, or sealed under Health and Safety Code § 11361.8. The court presumes you qualify unless the prosecution proves otherwise, which makes this relief unusually favorable.
Isn’t marijuana conviction relief automatic now? Largely, since AB 1793 in 2018 — but the rollout was incomplete, and many eligible convictions were never processed or were never reflected in the records that background checks use. You can still petition under § 11361.8 to obtain relief that was missed or to confirm your record shows it.
What is the difference between reduction, dismissal, and sealing? A former felony that is now a lesser offense is redesignated — reduced “for all purposes.” Conduct that is no longer a crime is dismissed, and the records are sealed and purged from state criminal-history databases. Which applies depends on the original offense.
Which marijuana convictions qualify for relief? Those that would be a lesser offense or no offense under current law — much pre-2016 cultivation, possession for sale, sale or transport, and simple possession. Conduct still fully criminal today, such as sales to minors or large-scale operations, does not qualify.
Will clearing my conviction help with immigration? It may, but do not assume it. Marijuana convictions carry serious immigration consequences, and federal immigration law does not always treat a state reduction or dismissal the way California does. Get individualized advice before relying on record relief for immigration purposes.
How is this different from a regular expungement? Prop 64 relief is marijuana-specific, presumes eligibility, and is often automatic. Penal Code 1203.4 expungement and Penal Code 17(b) reduction are general mechanisms for other convictions, and are sometimes used alongside Prop 64 relief to clean up an entire record.
