Having a marijuana conviction on your California record can create obstacles long after you’ve moved on with your life. Even though cannabis is now legal for recreational use, an old conviction can still appear in background checks, limit employment options, and complicate licensing or housing applications.
Fortunately, California law now provides ways to reduce, dismiss, or completely seal many marijuana-related convictions. Two of the most common methods are through Penal Code section 1203.4 (expungement) and Proposition 64 (marijuana conviction relief).
Below, we’ll explain both options, how they differ, and which may be right for your situation.
Why It’s Important to Clear a Marijuana Conviction
When Proposition 64 legalized adult cannabis use in 2016, it also recognized that thousands of Californians were still living with records for offenses that are no longer crimes. Those old convictions can continue to affect background checks, immigration cases, and professional reputations.
Clearing your record gives you a fresh start — one that can open doors to employment, housing, education, and peace of mind.
What Is an Expungement Under Penal Code 1203.4?
A Penal Code §1203.4 expungement allows eligible individuals to have a conviction dismissed after successfully completing probation or a jail sentence.
Key Benefits
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Your guilty plea or verdict is set aside, and the case is dismissed.
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The record shows “dismissed” rather than “convicted.”
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You can legally answer “no” to conviction questions on most job applications.
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Helps rebuild reputation and credibility.
Limitations
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The record still exists and is visible to courts and law enforcement.
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It doesn’t erase or seal the record completely.
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It doesn’t restore firearm rights or overturn certain professional licensing penalties.
Who Qualifies
You may qualify for expungement if you:
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Completed probation successfully.
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Were convicted of a misdemeanor or felony that did not result in a state prison sentence.
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Are not currently on probation, parole, or facing new charges.
What Is Proposition 64 Relief?
Proposition 64, also known as the Adult Use of Marijuana Act (AUMA), legalized recreational cannabis and made its changes retroactive — meaning people convicted of certain marijuana offenses can now seek to have those convictions dismissed, reduced, or sealed.
Examples of Eligible Offenses
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Possession of marijuana for personal use.
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Cultivation of up to six plants.
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Possession with intent to sell.
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Transportation or sale of small amounts.
If the same conduct is no longer a crime today, the conviction can often be dismissed and sealed. If the offense is now a lesser crime, the charge may be reduced.
How Prop 64 Relief Works
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You or your attorney can petition the court in the county where the conviction occurred.
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In many counties, district attorneys automatically review and process eligible convictions.
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Once approved, the record may be sealed, meaning it’s not visible on most background checks.
Key Differences Between Penal Code 1203.4 and Proposition 64
| Feature | Penal Code 1203.4 (Expungement) | Proposition 64 (Marijuana Relief) |
|---|---|---|
| Purpose | Dismisses a conviction after probation | Reduces or erases marijuana-related convictions no longer illegal |
| Eligibility | Applies to most misdemeanors and some felonies | Applies specifically to marijuana offenses |
| Result | Case shows as “dismissed” | Case may be sealed completely |
| Automatic Relief? | Requires petition | Some cases reviewed automatically |
| Best For | Those who completed probation | Those convicted of now-legal cannabis offenses |
Which Option Is Right for You?
Choosing between Penal Code 1203.4 and Proposition 64 depends on the type of conviction and your specific goals.
If your conviction was not related to marijuana, use PC 1203.4.
If your conviction was marijuana-related, check Prop 64 first — it often provides broader relief, including sealing the record.
In some situations, you can pursue both — Prop 64 to reduce or dismiss the conviction, and PC 1203.4 to ensure your record reflects the dismissal.
Because laws vary by county and case details, working with an experienced expungement attorney is the best way to determine your eligibility and maximize your results.
The Step-by-Step Process
Review Your Record
Obtain your case information through the court or California DOJ to confirm the conviction details and code section.
Determine Eligibility
Your attorney will review whether PC 1203.4 or Prop 64 applies to your case and recommend the strongest option.
File a Petition
A petition is filed with the same court where your conviction occurred. Some counties require filing fees or specific forms.
Court Review
The court reviews your petition. Some cases are approved without a hearing; others may require you or your attorney to appear.
Receive Court Order
Once granted, the court issues an order reducing, dismissing, or sealing your record.
Verify Updates
After relief is granted, it can take several weeks for the change to appear in court or DOJ records. Your attorney can help ensure the updates are complete.
Common Myths About Expungement and Marijuana Relief
“My record disappeared automatically when marijuana was legalized.”
Not always. While some counties processed cases automatically, many still require a petition.
“An expungement erases my record.”
It changes the record’s status to “dismissed” but does not completely erase it.
“I can’t qualify if I had a probation violation.”
Not necessarily — judges can still grant expungement in the interests of justice.
Why Work With a Criminal Defense or Expungement Attorney
Filing for expungement or Prop 64 relief involves detailed paperwork and legal interpretation. Errors can delay or even deny your petition. A qualified attorney can:
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Identify every form of relief available to you.
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Prepare and file all documents correctly.
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Represent you in court hearings.
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Follow up to ensure your record is properly updated.
Working with an attorney ensures your case is handled professionally and gives you the best chance for a clean record.
Start Fresh With Southwest Legal
You’ve served your sentence, changed your life, and deserve a second chance. California law gives you that opportunity — and Southwest Legal can help make it happen. Our experienced criminal defense and expungement attorneys have helped countless clients clear old convictions, restore rights, and move forward confidently. Whether you qualify for relief under Penal Code 1203.4 or Proposition 64, we’ll guide you every step of the way. Call us today for a free consultation.
