At least 4,500 people have filed petitions to have their sentences reduced or thrown out as of September
On January 1, 2018, Californians will be ringing in the New Year in an entirely new way — with legal marijuana sales. While medical marijuana has been legal in the state for years, recreational usage will be legal for the first time starting on January 1. While many people will be happy to simply enjoy the drug without fear of prosecution, others are celebrating the possibility of having their drug conviction expunged.
Under California’s new law, people convicted of almost any marijuana crime, including both serious felonies and small infractions, can have their criminal records cleared or the charges reduced. With this law, state officials hope to empower people to gain meaningful employment and overcome the barriers that a criminal conviction often presents — particularly when it is for something such as marijuana possession. According to experts, marijuana convictions disproportionately impact low-income minorities, affecting their ability to find work and advance in their careers.
Over the past ten years, there have been 500,000 arrests for marijuana offenses in California, according to the Drug Policy Alliance. The same group estimates that up to a million people have drug convictions on their records that are reviewable on their records. As of September 2017, at least 4,500 people have filed petitions to have their marijuana convictions reduced or expunged. That is according to the California Judicial Council, which stated that the most applications were filed in Riverside County, with a total of 613 applications to date. Additionally, at least 365 people have applied to have their juvenile marijuana convictions expunged from their records. Importantly, not every California county reported data to the judicial council, so these numbers may be low.
As a Riverside drug defense lawyer can explain in more detail, to have a marijuana conviction reduced or expunged, the petition must be presented in court. Old convictions will be reclassified based on the new law. For example, if a person was convicted of possessing an ounce or less of marijuana, that conviction would be expunged, as it is now legal to possess that quantity of marijuana in California for recreational purposes. In some counties, prosecutors have notified recently-convicted defendants that they are eligible for a reduction or expungement of their record. Others will need to contact a Riverside drug defense lawyer or other attorney to discuss the possibility of having their criminal conviction reduced or expunged based on the current law.
With the possibility of clearing criminal records, 2018 may be a hopeful year for many Californians. To learn more about the possibility of reducing or expunging your juvenile or adult marijuana conviction, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
