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California: Adult Convictions (CA-C-10)

California: Adult Convictions (CA-C-10)

Records relating to marijuana offenses decriminalized by the Control, Regulate and Tax Adult Use of Marijuana Act are dismissed, sealed, or redesignated by the court by July 1, 2020, unless the prosecution objects. Cal. Health & Saf. Code § 11361.9.
Record Detail(s)
Decriminalized
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory unless opposed by the state
Hearing
No statutory language
Clearance Process
Automatic
Remedy
Seal
Ineligible Category or Citation
This section applies only to marijuana offenses decriminalized by the Control, Regulate and Tax Adult Use of Marijuana Act. Cal. Health & Saf. Code § 11361.9.Cal. Health & Saf. Code § 11361.8.
Procedure General
By July 1, 2019 the state Department of Justice must review records, identify cases eligible for dismissal/sealing/re-designation of a marijuana offense, and notify prosecutors. By July 1, 2020 prosecutors must review such cases and decide whether to oppose relief. If there is no response from the prosecutor by July 1, 2020, the court must reduce or dismiss. Cal. Health & Saf. Code § 11361.9.
Fees
There is no statutory language on fees.
Effect
The records are dismissed, sealed, or re-designated.
Waiting Periods
There is no waiting period.

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