California legalized adult recreational marijuana use under Proposition 64 in November 2016. What that legalization also created, and what many people still do not know is available to them, is a pathway to clear convictions for conduct that is no longer a crime. Hundreds of thousands of Californians carry marijuana convictions on their records for offenses that would not result in an arrest today. Those convictions affect employment, housing, professional licensing, and immigration status long after the sentence was served. Prop 64 expungement gives eligible individuals a legal mechanism to reduce, dismiss, or seal those records.
The process has evolved significantly since 2016. Automation tools developed by nonprofit organizations, changes to how district attorneys handle retroactive review, and subsequent legislation have made the relief more accessible. This article explains what Prop 64 offers, who qualifies, what outcomes are available, and what the current process looks like.
What Proposition 64 Changed for Past Convictions
Proposition 64, the Adult Use of Marijuana Act, did more than legalize recreational cannabis for adults 21 and older. It also created a statutory framework for retroactively reclassifying and dismissing prior convictions for conduct that is now legal or that carries a lower penalty under current law.
The legal basis for this relief is found in Health and Safety Code 11361.8, which was added by Prop 64. It requires courts to reduce, dismiss, seal, or redesignate eligible marijuana convictions upon petition. Assembly Bill 1793, enacted in 2018, went further by requiring district attorneys to identify eligible convictions in their counties by July 1, 2020, and either petition for their dismissal or file a notice with the court explaining why they oppose relief in a specific case.
The combination of AB 1793 and Code for America’s Clear My Record program, which can scan up to 10,000 records per minute, significantly reduced the burden of finding and processing eligible cases. Many counties have now cleared large volumes of eligible convictions without requiring individual petitions. However, not every eligible conviction has been addressed, and individuals whose records have not yet been cleared may still need to petition directly.
Which Convictions Qualify for Prop 64 Relief?
Eligibility depends on the specific Health and Safety Code section under which the conviction was entered, what the conduct involved, and whether any disqualifying factors apply.
Offenses Eligible for Dismissal and Sealing
Convictions under the following Health and Safety Code sections are eligible to be dismissed with arrest and court records sealed, because the underlying conduct is no longer criminal under current law:
- Health and Safety Code 11362.1(a)(1): possession of 28.5 grams or less of marijuana for personal use
- Health and Safety Code 11362.1(a)(2): possession of 8 grams or less of concentrated cannabis
- Health and Safety Code 11362.1(a)(3): possession of marijuana accessories
- Health and Safety Code 11362.1(a)(4): gifting of up to 28.5 grams of marijuana or up to 8 grams of concentrated cannabis between adults
- Health and Safety Code 11362.1(a)(5): cultivation of six or fewer living plants for personal use
- Health and Safety Code 11361.1(a)(1): certain offenses involving minors where the conduct is now lawful
Felony Convictions Eligible for Reduction to Misdemeanor
Convictions under Health and Safety Code 11357(b)(2), 11358(c), 11359(b), and 11360(a)(2) are eligible for reduction from a felony to a misdemeanor. These cover possession of larger amounts of marijuana, cultivation of more than six plants, and possession with intent to sell. A conviction reduced to a misdemeanor under Prop 64 reflects the lower classification going forward on background checks and in subsequent criminal proceedings.
Misdemeanor Convictions Eligible for Reduction to Infraction
Certain misdemeanor marijuana convictions are eligible for reduction to an infraction, which carries no jail exposure and significantly less stigma on a background check. The specific sections eligible for infraction reduction are outlined in Health and Safety Code 11361.8.
How each conviction type is affected under Prop 64:
| Original Conviction Type | Outcome Under Prop 64 | Result |
| Conduct no longer illegal | Dismissal and sealing | Arrest and court records sealed |
| Felony now reclassified as misdemeanor | Reduction to misdemeanor | Conviction reflects misdemeanor going forward |
| Misdemeanor now reclassified as infraction | Reduction to infraction | Conviction reflects infraction going forward |
| Prior serious or violent felony (see exceptions) | No relief available | Conviction remains unchanged |
Who Does Not Qualify for Prop 64 Relief
Several categories of convictions are excluded from Prop 64 relief regardless of the underlying marijuana offense. A person is not eligible if:
- The conviction involved a prior or concurrent serious or violent felony, including rape, murder, child molestation, or any offense that qualifies as a strike under California’s three strikes law
- The offense involved the sale or furnishing of marijuana to a minor
- The offense involved a violation of specified environmental laws during the cultivation or processing of marijuana
- The person is a registered sex offender
These exceptions reflect the legislature’s intent to limit relief to conduct that is now considered relatively minor, while preserving consequences for those whose marijuana convictions accompanied more serious criminal behavior.
What Relief Is Actually Available and What It Does
The practical effect of Prop 64 relief depends on which outcome applies. Dismissal and sealing removes the conviction from most background checks accessible to private employers and landlords, restores certain civil rights, and allows the person to truthfully deny the conviction on most applications. It does not erase the record from law enforcement databases. Reduction from felony to misdemeanor changes how the conviction appears on background checks and eliminates the collateral consequences specific to felony status, including firearm restrictions, certain professional licensing bars, and immigration consequences tied specifically to felony convictions. These are the same principles that apply to California expungement generally under Penal Code 1203.4.
Additional relief available in some cases includes sentence reduction for individuals currently incarcerated under a conviction that would carry a lighter sentence today, and early termination of probation for those currently serving a probationary term on an eligible conviction.
For anyone whose only convictions are marijuana offenses that have been dismissed and sealed, benefits that may become available include eligibility for federal student loans, the ability to travel to Canada and obtain visas for certain other countries, and in some cases restoration of firearm rights.
How the Process Works Today
For many people, Prop 64 relief has already been applied automatically through the AB 1793 process. County district attorneys were required to review eligible convictions and either petition the court for relief or file objections by July 1, 2020. Many counties have processed large volumes of cases without requiring individual petitions.
However, automatic processing is not universal. Some counties have processed fewer cases, some convictions fall outside the automatic review parameters, and some objections were filed that were never resolved. If your record still reflects an eligible marijuana conviction, you can petition the court directly under Health and Safety Code 11361.8.
The petition requires identifying the conviction, the court where it was entered, and the specific Health and Safety Code section under which relief is sought. If the conviction occurred in multiple counties, a separate petition is required in each county. The district attorney has the opportunity to object, and if they do, a hearing is scheduled before the court.
If you are still on probation for a marijuana conviction, early termination may be available before pursuing dismissal. Probation modification and early termination is a separate petition process that, if granted, then opens the path to Prop 64 relief without waiting out the full probation term.
Frequently Asked Questions
Has Prop 64 already cleared my marijuana conviction automatically?
It depends on the county and the conviction. Many counties processed eligible convictions through the AB 1793 review by 2020. But not every eligible conviction was captured, and some individuals whose cases fell through the cracks or were objected to have not yet received relief. The only way to know for certain is to pull your current criminal record through the California Department of Justice personal record review process and check whether the conviction reflects the reclassified status.
Can a felony marijuana conviction be reduced to a misdemeanor under Prop 64?
Yes, for the specific offenses listed in Health and Safety Code 11358(c), 11359(b), and 11360(a)(2), which cover larger-quantity possession, multi-plant cultivation, and possession with intent to sell, a petition to reduce the felony to a misdemeanor is available unless the disqualifying exceptions apply. The reduction changes how the conviction appears on background checks and eliminates felony-specific collateral consequences.
Does Prop 64 relief restore firearm rights?
It depends on the nature of the relief and the original conviction. A dismissed and sealed misdemeanor marijuana conviction generally does not bar firearm possession. A reduced felony that now appears as a misdemeanor may restore firearm rights that were restricted because of the felony status, but this requires a careful analysis of the specific conviction and any other criminal history. An attorney should evaluate firearm rights restoration individually rather than assuming it follows automatically from the relief.
Does Prop 64 relief affect immigration status?
It can. A dismissed and sealed conviction or a felony reduced to a misdemeanor may improve immigration outcomes, particularly for individuals facing removal proceedings based on the marijuana conviction. However, immigration consequences of criminal convictions are governed by federal law, and federal law still classifies marijuana as a Schedule I controlled substance. The interplay between Prop 64 relief and federal immigration consequences is fact-specific and should be evaluated by an attorney familiar with both criminal and immigration law.
What is the difference between Prop 64 expungement and regular expungement?
Regular expungement under Penal Code 1203.4 applies after probation is completed and requires the conviction to be a qualifying misdemeanor or felony where no state prison sentence was imposed. Prop 64 relief under Health and Safety Code 11361.8 applies specifically to marijuana convictions covered by the statute and operates on a different eligibility framework, including the ability to dismiss and seal convictions outright rather than simply withdrawing a plea. For convictions that qualify under both frameworks, Prop 64 often provides stronger relief. For convictions that fall outside Prop 64, standard California expungement under Penal Code 1203.4 remains the available pathway.
Find Out Whether Your Marijuana Conviction Qualifies
A marijuana conviction from years ago does not have to define what you can do today. California law provides multiple pathways to reduce, dismiss, or seal those records, and the process is more accessible than it was when Prop 64 first passed. Whether your conviction has already been addressed automatically or still appears unchanged on your record, an expungement attorney can pull your record, identify what relief is available, and handle the petition process. Contact Manshoory Law Group for a free case analysis.