California Prop 64 Marijuana Conviction Attorneys

Reviewed: May 15, 2026

Proposition 64, passed by California voters in November 2016, legalized adult recreational marijuana use and created a pathway to reduce or dismiss prior marijuana convictions. Health & Safety Code § 11361.8 allows anyone with a final marijuana conviction for conduct that is now legal or a lesser offense under current law to petition the court — or receive automatic relief — to have the conviction reduced (felony to misdemeanor) or dismissed entirely.

At a glance

✓ Covers marijuana convictions under HS 11357, 11358, 11359, 11360
✓ Felony convictions may be reduced to misdemeanors; some fully dismissed
✓ DOJ began automatic review in 2019 — check if your record was redesignated
✓ Petition burden of proof is on the prosecution to show ineligibility
✓ Does not affect federal immigration law

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Who qualifies?

You may be eligible if you have a conviction for: simple possession (HS 11357), cultivation for personal use (HS 11358), possession for sale (HS 11359), sale or transportation (HS 11360), or related offenses — to the extent the conduct is now lawful or subject to lesser penalties under post-Prop 64 law. Convictions for offenses involving sales to minors, unlicensed commercial cultivation, or other still-prohibited conduct generally do not qualify.

Automatic redesignation

The California Department of Justice began automatically reviewing marijuana conviction records in 2019 and notified courts of eligible convictions for redesignation. Many cases have already been redesignated without any petition. You can check the status of your record by requesting a DOJ criminal history report.

Where automatic redesignation has not occurred, you may file a petition under HS 11361.8. The prosecution bears the burden of proving your conviction is not eligible — the default is to grant relief.

What relief looks like

Felony convictions that are now misdemeanors under current law are reduced to misdemeanors. Convictions for conduct that is now fully legal are dismissed. Once dismissed, the conviction cannot be used as a prior or for civil penalties. Background checks should reflect the reduced or dismissed designation.

Statutes cited

Health & Safety Code § 11361.8 (Proposition 64 redesignation) — Cal. Health & Safety Code § 11361.8

Frequently asked questions

Does Prop 64 relief happen automatically?

The DOJ reviewed many records automatically beginning in 2019, but not all have been processed. You may need to file a petition if your record has not yet been redesignated.

What if I was convicted of selling marijuana?

HS 11360 (sale/transport) convictions may be eligible for reduction or dismissal if the amount involved is within personal-use quantities under current law. Large-scale distribution or sale to minors typically does not qualify.

Can I get federal immigration relief from Prop 64?

Prop 64 redesignation does not affect federal immigration law. Marijuana convictions remain controlled substance violations under federal law. Consult an immigration attorney before relying on Prop 64 relief for immigration purposes.

Does it remove the conviction from my background check?

After dismissal, the conviction should not appear as a conviction on background checks. Background check vendors must reflect the court's updated disposition.

Find an expungement attorney in California

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