If you have a marijuana conviction sitting on your California record from before recreational cannabis became legal, you almost certainly qualify for relief — the question is which statute applies and whether the state already acted on your behalf. An expungement lawyer for marijuana convictions can tell you, in one review of your rap sheet, whether you need a Health and Safety Code 11361.8 petition, a standard Penal Code 1203.4 expungement, or a felony reduction under Proposition 47.
- HS 11361.8 lets you petition to dismiss or redesignate a marijuana conviction from before November 2016 — the core tool for an expungement lawyer for marijuana convictions in California.
- AB 1793 required the DOJ to flag eligible cannabis convictions by July 1, 2019, but plenty of records still sit unprocessed heading into 2026 — check yours before assuming it's handled.
- Felony cannabis possession-for-sale or cultivation charges often qualify for reduction to a misdemeanor under Prop 47, not just dismissal.
- Skip any service that can't name Health and Safety Code 11361.8 or Penal Code 1203.4 specifically — that's a sign they're guessing at your eligibility.
Why this matters
A marijuana conviction from 2010, 2013, or 2015 was legal to prosecute at the time and it still shows up on background checks in 2026 unless someone files the right petition. Employers, landlords, and licensing boards run these checks routinely, and a possession or cultivation charge that predates legalization can cost you a job offer or an apartment you'd otherwise get. I've handled cases at Cole Law where clients had no idea their conviction was still visible years after cannabis became legal for adults over 21 — they assumed the law change erased the record automatically. It doesn't. You have to petition.
Who this guide is for
This is for anyone convicted in California of a marijuana-related offense — possession, cultivation, sales, or transportation — under the law as it stood before November 2016, and who is now dealing with the record showing up on employment, housing, or licensing checks. It also applies if you were convicted after 2016 for conduct that's since become legal or reclassified under state cannabis regulation.
What to look for in an expungement lawyer for marijuana convictions
Fluency in HS 11361.8 petitions
This is the Prop 64 mechanism, and it's specific to marijuana convictions predating legalization — a lawyer who defaults to a generic 1203.4 expungement without checking 11361.8 eligibility first is doing you a disservice. The two statutes produce different outcomes on your record, and picking the wrong one wastes a court filing.
Knowledge of the AB 1793 gap
California's Department of Justice was required to identify eligible marijuana convictions for automatic relief by July 1, 2019, under AB 1793, with courts given until July 1, 2020 to act unless a prosecutor objected. A lawyer who knows this history can tell you fast whether your case fell through the cracks — a common outcome given the volume of records the DOJ had to process.
Experience with felony reduction for cultivation and sales charges
Charges like possession for sale (Health and Safety Code 11359) or unlicensed cultivation with intent to distribute were often filed as felonies before legalization. Reduction to a misdemeanor changes what you have to disclose on most job and license applications, and it's a separate filing from dismissal.
Understanding of collateral consequences beyond the criminal record
A marijuana conviction can affect immigration status, professional licensing, and background-check visibility in ways a straight dismissal doesn't always fix — dismissal and sealing aren't always the same thing on a private background-check report. If you're a green card holder or visa holder, get someone who understands immigration risk from a cannabis conviction before you file anything.
California court-specific filing knowledge
Your petition gets filed in the county where you were convicted, not where you currently live. A lawyer unfamiliar with that county's clerk procedures adds weeks to a process that should move in months, not a year.
Your relief options, ranked by fit
The default path — HS 11361.8 petition. This is the safe pick for anyone convicted of a marijuana offense before Prop 64 took effect on November 9, 2016. The petition itself carries no filing fee under the statute, and the court can either dismiss the conviction outright or redesignate it to reflect what would be legal or a lesser offense today. Verdict: Buy — file this first if your conviction predates the cutoff.
The overlooked path — AB 1793 automatic review. This is the one people wrongly assume already happened. The DOJ's 2019 review was massive in scope, and cases with incomplete records, name mismatches, or multi-county histories frequently didn't get flagged. Verdict: Consider — verify your DOJ status before you file anything else; don't assume relief already landed.
The wildcard — felony reduction for cultivation or sales charges. If your conviction was for possession for sale or unlicensed cultivation and it was charged as a felony, a straight HS 11361.8 dismissal might not be available depending on the facts, but reduction to a misdemeanor under Prop 47 misdemeanor reclassification rules often is. Verdict: Consider — this one needs a case-by-case read of your original charging document.
The backup — standard PC 1203.4 expungement. For convictions after 2016 or for conduct that doesn't fit neatly under 11361.8, a standard expungement under Penal Code 1203.4 is still on the table if you completed probation. Verdict: Consider — slower than 11361.8 but broadly available.
Get your cannabis record reviewed
Find out which California petition fits your case before you file.
What to avoid
- Flat-fee online petition mills. They generate paperwork without checking which county your conviction was filed in or whether AB 1793 already touched your record — duplicate filings slow everything down.
- Assuming "dismissed" means "invisible." A redesignated conviction can still appear on some background-check databases even after a successful 11361.8 petition; sealing and dismissal aren't interchangeable outcomes.
- Skipping the immigration check. If your status depends on a clean record, a cannabis conviction handled the wrong way can trigger consequences a straight dismissal won't fix — get that reviewed before, not after, you file.
Verdict comparison
| Path | Applies to | Speed signal | Verdict |
|---|---|---|---|
| HS 11361.8 petition | Convictions before Nov. 2016 | Months, no filing fee | Buy |
| AB 1793 status check | Anyone with an old cannabis conviction | Days to verify | Consider |
| Prop 47 reduction | Felony cultivation/sales charges | Case-dependent | Consider |
| PC 1203.4 expungement | Post-2016 or probation cases | Standard court timeline | Consider |
FAQ
What's the best way to expunge a marijuana conviction in California?
For convictions before November 2016, file a petition under Health and Safety Code 11361.8, which lets a court dismiss or redesignate the conviction. For convictions after that date, a standard Penal Code 1203.4 expungement is usually the right route once probation is complete.
Is a marijuana conviction automatically cleared in California?
Not automatically for every case. AB 1793 directed the DOJ to flag eligible convictions for review by July 1, 2019, but many records with incomplete data were never caught in that sweep, so checking your status directly is worth doing in 2026.
How much does an expungement lawyer for marijuana convictions cost?
Costs vary by case complexity and county, and the HS 11361.8 petition itself has no state filing fee. Ask any attorney for a specific quote based on your record before committing.
Can a felony marijuana cultivation charge be reduced to a misdemeanor?
Often, yes, depending on the quantity and intent alleged in the original charge. Reduction typically runs through a separate motion from a straight 11361.8 dismissal, so a lawyer needs to see the original charging document.
Does a dismissed marijuana conviction show up on background checks?
It can, depending on the background-check provider and whether the record was sealed in addition to dismissed. That's why checking the actual outcome of your petition, not just the fact that you filed one, matters.
What happens if my cannabis conviction was never reviewed under AB 1793?
You can file a Health and Safety Code 11361.8 petition yourself rather than wait for a DOJ review that may never come. Filing directly is faster than waiting on an automatic process with no guaranteed timeline.
Will a marijuana conviction affect my immigration status?
It can, and cannabis offenses are treated differently under federal immigration law than under California state law even after legalization. Anyone with a pending green card or visa application should get that reviewed before filing any petition.
How long does a marijuana expungement take in California?
An HS 11361.8 petition typically resolves in a few months once filed, faster than a standard 1203.4 expungement in many counties. Timelines shift based on court backlog and whether the prosecutor objects.
One last thing
The detail most people miss: AB 1793's July 2019 DOJ deadline didn't guarantee a clean record — it only guaranteed a review. Thousands of cannabis convictions that should have been flagged for automatic dismissal or redesignation never made it through that process because of name variations, missing case numbers, or multi-county histories. If you've never confirmed your own status directly with the court, the safest assumption in 2026 is that nothing happened yet.
