What does a Prop. 64 petition do if the judge grants it?
If the marijuana offense for which you were convicted is no longer a crime under Prop. 64, the case will be dismissed and all arrest records, all court records and the Department of Justice records will be sealed.
If the marijuana offense for which you were convicted used to be a felony, but is now a misdemeanor, then your conviction will be reclassified as a misdemeanor “for all purposes.”
If the marijuana offense for which you were convicted used to be a misdemeanor but is now an infraction, then your misdemeanor will be reclassified as a infraction “for all purposes.”
What doesn’t a Prop. 64 petition do?
For offenses that are reclassified as misdemeanors or infractions, Prop. 64 does not remove from your record or dismiss/expunge the conviction. You should consider filing for a dismissal/expungement if you are eligible.
Do I need a lawyer?
Not necessarily. You can fill out the petition by clicking here. You will need to know if you are asking for a reduction to a misdemeanor, a reduction to an infraction, or a complete dismissal and sealing of the record.
BUT if you are unsure if your conviction qualifies, if you are unsure what relief to ask for, or if there is something in your record which might make you ineligible, it is a good idea to consult a lawyer.
When do I need to file my Prop. 64 petition?
There is no deadline. You may file any time but the sooner the petition is filed, the sooner the court can review your case.
What marijuana crimes can be reclassified or dismissed and sealed?
What crimes can be reclassified from felonies to misdemeanors or infractions or dismissed and sealed depends on:
· Your age at the time of the offense;
· Type of marijuana related crime you were convicted of; and
· If you are ineligible for Prop. 64 relief because of a disqualifying exception.
Two of the common disqualifying exceptions are if you have a “super strike” or if you are required to register as a sex offender per PC290(c). For more information on these disqualifiers see “Where it says people with Super Strikes may be ineligible for relief, what is a “super strike?”” and “Where it says registered sex offenders can still be charged with felonies for certain marijuana offenses, does that include ALL registered sex offenders?”
Determining if someone is eligible for relief under Prop. 64 can be complicated. You are encouraged to have a lawyer review your conviction to assess if you are eligible.
There are two charts which will help answer the question of which crimes can be reclassified or dismissed and sealed. These charts are not designed to be comprehensive advice on what is legal or illegal with regard to marijuana. They are general guidelines on how Prop. 64 applies to past offenses. There are very specific laws and different penalties if minors are used in any fashion to commit an offense, if the offense occurred in designated protected areas (e.g. schools), or if cultivation was not pursuant to very specific requirements.
Make sure you are looking at the correct chart for your age. Click here if you were 21 or older at the time of the offense. Click here if you were 18-20 years old at the time of the offense. Using the correct table for your age, find the crime for which you were convicted along the left column. Find the substance (marijuana or concentrated cannabis) and the amount involved in your offense along the top row. The box where the column and row intersect will tell you if the offense is now:
1. Legal – you may be eligible to have the record sealed and destroyed.
2. An infraction – you may be eligible to have the case reclassified as an infraction.
3. A misdemeanor – if you were convicted previously of a felony, you may be eligible to have the case reclassified as a misdemeanor.
4. A felony – the case is not eligible to be reclassified.
If I’m in prison and my case is reclassified from a felony to a misdemeanor, will I get out of prison?
If you have no other charges keeping you in state prison, you may be released from prison. If your case is reclassified as a misdemeanor, your maximum sentence is no more than 180 days in county jail. You cannot be sentenced to prison on a misdemeanor, but you can be sentenced to county jail.
If my case is reclassified from a felony to a misdemeanor, will I be on probation or parole when I am released from jail or prison?
Perhaps. The judge that resentences you has discretion to order up to 1 year of “supervision.” To illustrate, if you are on formal probation or Post Release Community Supervision and the “supervision” term is greater than one year remaining, the judge will not “add supervision” for your new misdemeanor. Sometimes no “supervision” is ordered. (See, HS § 11361.9(c).) Each case is different. It can depend on the type of sentence you received before, how much time you have served, and your overall criminal history.
If you are resentenced, you should receive a Minute Order from the Court before you are released. The Minute Order will say what happened in Court. Read it carefully to see if you have been ordered to report to probation or parole when you are released. If the Minute Order says you need to report on probation or parole, you must report even if you think there has been a mistake. You will also have to comply with any conditions that are ordered by the Court, probation or parole.