Update: California Governor Jerry Brown approved AB 1793 into law. As noted below, the law will require the Department of Justice to identify records that could be expunged by July 1, 2019. The prosecution will have until July 1, 2020 to determine whether to challenge the resentencing, dismissal or record sealing. However, you may not have to wait until 2020 to expunge your marijuana conviction from your record. Contact our law firm today at (877) 466-5245 so we can discuss your case and determine how we may be able to help you.
In 2016, California voters legalized the recreational use of marijuana for adults, but that was only one small aspect of the huge change in the laws governing the use of the drug. Proposition 64 also authorized the creation of a state government bureaucracy to license cannabis-related businesses, set up taxes on the sale of the plants and products, and approved protections for doctors who provide recommendations for the use of the drug to patients.
The law also extended its reach into the criminal justice system, but not just in allowing people to keep and use marijuana. It also opened up a path for those with marijuana convictions on their criminal records to seek expungements.
However, Prop 64 did not create a mechanism for people to clean up their records. Two years later, the state Senate has approved AB 1793, which provides the legal framework for those seeking a fresh start. The bill is now headed to Governor Jerry Brown’s office for his approval or veto.
Making It Easy to Clean Marijuana Convictions from Your Criminal Record
Most laws related to the cleaning up of one’s criminal record require the person to petition the court on their own. This law would work differently.
The California Department of Justice would be given the task of searching for marijuana-related convictions dating back to 1975 that are eligible to be expunged. This information will then be sent to the local district or city attorney’s office, which will have until July 1, 2020 to review these cases and determine if the offender should have the conviction expunged from his or her record.
Although the bill is designed to ease the burden of the person convicted from having to petition to have his or her record expunged and help those who may not realize they are eligible for an expungement, the bill will not automatically expunge the convictions. The prosecutor’s office will be able to challenge to have the court uphold the conviction.
That is why you should seek the help of an experienced criminal defense attorney if you wish to have your criminal conviction expunged from your record.
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
California has drastically altered its approach to marijuana crimes over the past two years, and this could benefit you greatly. If you have a marijuana-related conviction on your record, you should contact our skilled and knowledgeable attorney at Wallin & Klarich to find out if you are eligible to have your conviction expunged.
Our lawyers have been helping clients obtain post-conviction relief for more than 35 years. With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Contact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation regarding your case. We will be there when you call.
Paul Wallin
