A new bill would make the process automatic.
When marijuana became legal for recreational purposes in California, one of the most important aspects of the law was the possibility of having your criminal record for marijuana possession expunged or a conviction reduced from a felony to a misdemeanor. Under Proposition 64, this was now a possibility for hundreds of thousands of Californians. Yet the process to have your misdemeanor or felony marijuana conviction expunged or reduced could be costly and take a lot of time, according to a Los Angeles drug defense lawyer. That is why one state lawmaker has introduced a bill to make expungement or criminal charge reduction automatic.
Under Prop 64, misdemeanor marijuana convictions may be eligible for expungement — which means that the conviction would be entirely cleared from a person’s record. Felony marijuana convictions that qualified under the law (i.e., that were not for certain crimes, such as possession with intent to distribute) may be eligible for a reduction to a misdemeanor. Reducing a charge from a felony to a misdemeanor could mean that a person would regain numerous rights and would have more opportunities as a result of not being a convicted felon.
In Los Angeles County alone, there are approximately 200,000 criminal cases that may qualify for either expungement or reduction. Yet as of January 2018, only about 600 people have applied to have their convictions expunged or reduced. The reason why is simple: the process is a bit of a bureaucratic nightmare. It requires a fair amount of paperwork, as well as court appearances. It is a complicated process. A skilled lawyer can help, but many people may not be able to afford to hire a private attorney. However, without the assistance of a Los Angeles drug defense lawyer, it may be all to easy to make a mistake or request the wrong relief — such as asking for a reduction instead of expungement, for example. For many Californians, the potential good done by Prop 64 was more of a fantasy than a reality, because the process was just too time-consuming, complex and potentially costly.
California State Assemblyman Rob Bonta recognized that this is an issue for many Californians. He has introduced a bill, Assembly Bill 1793, that would require courts to reduce or expunge all qualified criminal convictions under Prop 64. No one would be required to file a petition or make a court appearance. Instead, the courts would simply expunge or reduce the charges as necessary. This would remove the hurdles to getting an expungement or reduction, such as paying a fee, potentially hiring a lawyer, and taking time off work to attend court hearings.
This bill is similar to what San Francisco District Attorney George Gascón has already done — automatically expunging or reducing the criminal records for the city going back to 1975. San Diego has announced that it will enact a similar plan. The bill would ensure that all Californians had access to the same relief.
As the law currently stands, anyone who wants to take advantage of the expungement or reduction process through Prop 64 must file a petition to do so. The Chambers Law Firm can help. We offer free initial consultations, where we will explain your rights to you, and help you understand what will happen going forward. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more.
