HOW TO CLEAN YOUR RECORD FROM PRIOR CANNABIS OFFENSES IN CALI

It is not so hard to get your prior marijuana offenses purged from your account.

Erase your criminal record. Everything you need probably need to clean up your prior Cannabis conviction record. Here is the form to apply.

This article contains all the forms and laws that anyone likely needs to file in court to have your marijuana related offenses erased from your record.  If you have a lawyer, and he's not up to snuff on marijuana laws, this article can act as a quick one stop primer to get him / her up to speed on the current cannabis laws in California.

 

The main form to purge your cannabis record for Californaia is here: Petition Application (Form CR-400)

 

application for cannabis pardon

 

MMJDOCTORONLINE NOTES:  You no longer need a medical marijuana card and recommendation to purchase and possess cannabis, but medical patients pay about 25% less for the medication.  Apply here free to see if your conditions and symptoms qualify you for a 2018 medical marijuana recommendation and card.  These documents will allow you to purchase marijuana at a reduced rate from licensed dispensaries, cannabis clubs, cooperatives, delivery services and at other points of access in the State of California and some locations in Nevada.

 

THE LAWS

 

Prop 64 eliminated or downgraded most cannabis offenses for felonies or misdemeanors to misdemeanors or infractions. Persons who have a prior conviction for an offense that would have received a lesser or no penalty had Prop 64 been in effect may petition the court for resentencing or dismissal and have their records changed accordingly. Most persons with felony records for marijuana offenses from before November 2016 can have their felonies cleared under this provision. Forms to file for Prop 64 resentencing are available from the California Judicial Council.

 

Proposition 64 Filings: November 2016-September 2017 (Updated December 2017)

Effective November 9, 2016, Proposition 64 legalizes specified personal use and cultivation of marijuana for adults 21 years of age or older; reduces criminal penalties for specified marijuana-related offenses for adults and juveniles; and authorizes resentencing or dismissal and sealing of prior, eligible marijuana-related convictions. The proposition includes provisions on regulation, licensing, and taxation of legalized use.

 

FORMS

Petition Application (Form CR-400)

Proof of Service for Petition / Application (Form CR-401)

Prosecuting Agency's Response to Petition / Application (Form CR-402)

Order After Petition / Application (Form CR-403)

Request to Reduce Juvenile Marijuana Offense (Form JV-744)

Attachment to Request to Reduce Juvenile Marijuana Offense (Form JV-744A)

Prosecuting Agency’s Response to Request to Reduce Juvenile Marijuana Offense (Form JV-745)

Order After Request to Reduce Juvenile Marijuana Offense (Form JV-746)



 

CALIFORNIA CODES

 

HEALTH AND SAFETY CODE - HSC

 

DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651]

( Division 10 repealed and added by Stats. 1972, Ch. 1407.)

CHAPTER 6. Offenses and Penalties [11350 - 11392]

(Chapter 6 added by Stats. 1972, Ch. 1407.)

ARTICLE 2. Cannabis [11357 - 11362.9] (Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121.)
11361.8.  

(a) A person currently serving a sentence for a conviction, whether by trial or by open or negotiated plea, who would not have been guilty of an offense, or who would have been guilty of a lesser offense under the Control, Regulate and Tax Adult Use of Marijuana Act had that act been in effect at the time of the offense may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing or dismissal in accordance with Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 as those sections have been amended or added by that act.

(b) Upon receiving a petition under subdivision (a), the court shall presume the petitioner satisfies the criteria in subdivision (a) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in subdivision (a), the court shall grant the petition to recall the sentence or dismiss the sentence because it is legally invalid unless the court determines that granting the petition would pose an unreasonable risk of danger to public safety.

(1) In exercising its discretion, the court may consider, but shall not be limited to evidence provided for in subdivision (b) of Section 1170.18 of the Penal Code.

(2) As used in this section, “unreasonable risk of danger to public safety” has the same meaning as provided in subdivision (c) of Section 1170.18 of the Penal Code.

(c) A person who is serving a sentence and is resentenced pursuant to subdivision (b) shall be given credit for any time already served and shall be subject to supervision for one year following completion of his or her time in custody or shall be subject to whatever supervision time he or she would have otherwise been subject to after release, whichever is shorter, unless the court, in its discretion, as part of its resentencing order, releases the person from supervision. Such person is subject to parole supervision under Section 3000.08 of the Penal Code or post-release community supervision under subdivision (a) of Section 3451 of the Penal Code by the designated agency and the jurisdiction of the court in the county in which the offender is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke supervision and impose a term of custody.

(d) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence, or the reinstatement of charges dismissed pursuant to a negotiated plea agreement.

(e) A person who has completed his or her sentence for a conviction under Sections 11357, 11358, 11359, and 11360, whether by trial or open or negotiated plea, who would not have been guilty of an offense or who would have been guilty of a lesser offense under the Control, Regulate and Tax Adult Use of Marijuana Act had that act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the conviction dismissed and sealed because the prior conviction is now legally invalid or redesignated as a misdemeanor or infraction in accordance with Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 as those sections have been amended or added by that act.

(f) The court shall presume the petitioner satisfies the criteria in subdivision (e) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in subdivision (e). Once the applicant satisfies the criteria in subdivision (e), the court shall redesignate the conviction as a misdemeanor or infraction or dismiss and seal the conviction as legally invalid as now established under the Control, Regulate and Tax Adult Use of Marijuana Act.

(g) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subdivision (e).

(h) Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor or infraction under subdivision (f) shall be considered a misdemeanor or infraction for all purposes. Any misdemeanor conviction that is recalled and resentenced under subdivision (b) or designated as an infraction under subdivision (f) shall be considered an infraction for all purposes.

(i) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application.

(j) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.

(k) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of the Control, Regulate and Tax Adult Use of Marijuana Act.

(l) A resentencing hearing ordered under the Control, Regulate and Tax Adult Use of Marijuana Act shall constitute a “post-conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law).

(m) The provisions of this section shall apply equally to juvenile delinquency adjudications and dispositions under Section 602 of the Welfare and Institutions Code if the juvenile would not have been guilty of an offense or would have been guilty of a lesser offense under the Control, Regulate and Tax Adult Use of Marijuana Act.

(n) The Judicial Council shall promulgate and make available all necessary forms to enable the filing of the petitions and applications provided in this section.

(Added November 8, 2016, by initiative Proposition 64, Sec. 8.7.)

 

 

CALIFORNIA HEALTH AND SAFETY CODE - HSC

DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651]  ( Division 10 repealed and added by Stats. 1972, Ch. 1407. )   ARTICLE 2. Cannabis [11357 - 11362.9]  ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

CHAPTER 6. Offenses and Penalties [11350 - 11392]  ( Chapter 6 added by Stats. 1972, Ch. 1407. )  

11361.7.  
(a)  Any record subject to destruction or permanent obliteration pursuant to Section 11361.5, or more than two years of age, or a record of a conviction for an offense specified in subdivision (a) or (b) of Section 11361.5 which became final more than two years previously, shall not be considered to be accurate, relevant, timely, or complete for any purposes by any agency or person. The provisions of this subdivision shall be applicable for purposes of the Privacy Act of 1974 (5 U.S.C. Section 552a) to the fullest extent permissible by law, whenever any information or record subject to destruction or permanent obliteration under Section 11361.5 was obtained by any state agency, local public agency, or any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, and is thereafter shared with or disseminated to any agency of the federal government.

(b)  No public agency shall alter, amend, assess, condition, deny, limit, postpone, qualify, revoke, surcharge, or suspend any certificate, franchise, incident, interest, license, opportunity, permit, privilege, right, or title of any person because of an arrest or conviction for an offense specified in subdivision (a) or (b) of Section 11361.5, or because of the facts or events leading to such an arrest or conviction, on or after the date the records of such arrest or conviction are required to be destroyed by subdivision (a) of Section 11361.5, or two years from the date of such conviction or arrest without conviction with respect to arrests and convictions occurring prior to January 1, 1976. As used in this subdivision, “public agency” includes, but is not limited to, any state, county, city and county, city, public or constitutional corporation or entity, district, local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency thereof.

(c)  Any person arrested or convicted for an offense specified in subdivision (a) or (b) of Section 11361.5 may, two years from the date of such a conviction, or from the date of the arrest if there was no conviction, indicate in response to any question concerning his prior criminal record that he was not arrested or convicted for such offense.

(d)  The provisions of this section shall be applicable without regard to whether destruction or obliteration of records has actually been implemented pursuant to Section 11361.5.

(Added by Stats. 1976, Ch. 952.)

 

 

 

 

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