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Orange County Criminal Defense Attorney
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Dismissals for Marijuana Convictions in CA

Californians everywhere celebrated when marijuana possession for personal use (up to 28.5 grams) became legal for adults age eighteen and older. While possession for personal use is legal, it doesn’t mean that marijuana has been completely decriminalized in California. On the contrary, a number of marijuana activities are still illegal, such as sales, gifting, unlawful transportation and importation under Sections 11357 and 11360 of the Health and Safety Code.

“If I am convicted of a marijuana-related offense under the Health and Safety Code, do I need a dismissal?” Not necessarily. In fact, the record of your arrest and your conviction records are automatically destroyed and purged from California’s criminal databases two years from the date of your conviction. However, if you were sent to jail for your marijuana conviction, you’ll have to wait longer. Your records will be destroyed two years from the date you are released from jail.


If you have completed your sentence, the following marijuana offenses are eligible for a dismissal or redesignation:

  • Possession (Sec. 11357 of the Health and Safety Code)
  • Cultivation (Sec. 11358 of the Health and Safety Code)
  • Possession for sale (Sec. 11359 of the Health and Safety Code)
  • Unlawful transport (Sec. 11360 of the Health and Safety Code)

Under Proposition 64, if you were convicted of any of the above marijuana offenses and you completed your sentence, you can apply to the court for a dismissal or redesignation. If your marijuana case is dismissed, you can ask the court to seal your records.

Whether you already completed your sentence, or you are currently serving a sentence for a marijuana-related conviction, we invite you to contact our office to find out how we can help. We’d be glad to answer your questions and do what’s necessary to improve your circumstance and your future – call today to get started.