Cannabis Expungement in California

California (CA)Automatic Expungement

Eligible cannabis records are automatically expunged without any action required by the individual.

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At a Glance

Expungement Type
Automatic
Est. Eligible Records
~220,000
Eligible Offenses
5

Overview

California has one of the most comprehensive cannabis expungement programs in the nation. Proposition 64 (2016) legalized recreational cannabis and included provisions allowing people to petition for resentencing or dismissal of prior cannabis convictions. In 2018, AB 1793 went further by requiring the California Department of Justice to automatically review and identify eligible records for reclassification or dismissal, shifting the burden away from individuals. Several county district attorneys, including those in San Francisco, Los Angeles, and San Diego, have proactively used technology to identify and dismiss hundreds of thousands of eligible cases. An estimated 220,000 convictions have been addressed through these combined efforts.

Eligible Offenses

Application Process

AB 1793 (2018) required the DOJ to review and identify eligible records for automatic reclassification or dismissal. Individuals can also file petitions under Prop 64 (Section 11361.8 of the Health & Safety Code). District attorneys in many counties have proactively dismissed thousands of cases.

Key Facts

1Prop 64 (2016) allows petitions to reclassify or dismiss prior cannabis convictions.
2AB 1793 (2018) mandated automatic review of eligible records by the state DOJ.
3San Francisco, LA, and other counties have proactively dismissed tens of thousands of cases.
4Both felonies and misdemeanors related to cannabis may be eligible.
5An estimated 220,000+ records have been reviewed or cleared statewide.

Frequently Asked Questions

Is cannabis expungement automatic in California?+
Partially. AB 1793 required the state to automatically identify and process eligible records, but some cases still require individual petitions. Many county DAs have also proactively cleared eligible cases in bulk.
What convictions are eligible for Prop 64 relief?+
Convictions for offenses that have been legalized or reduced under Prop 64 are eligible. This includes possession, cultivation of 6 or fewer plants, and certain sale-related offenses. Some violent offenses or those involving minors may have limitations.
How do I petition for expungement in California?+
File a petition under Health & Safety Code Section 11361.8 in the court where you were convicted. Public defender offices in many counties offer free assistance. You can also check with your county DA's office to see if your case has already been automatically processed.

Related State Expungement Laws

Explore cannabis expungement laws in other states with similar programs or neighboring jurisdictions.

OR
Oregon
Automatic Expungement
WA
Washington
Petition-Based Expungement
CO
Colorado
Petition-Based Expungement
NV
Nevada
Petition-Based Expungement

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Disclaimer: The information on this page is provided for educational and informational purposes only and does not constitute legal advice. Cannabis expungement laws are complex and subject to change. California expungement rules, eligibility criteria, and processes described here are based on publicly available information and may not reflect the most current regulations. Always verify current laws with official California state resources and consult with a qualified attorney before pursuing expungement or record clearing. Cannabismarketcap does not guarantee the accuracy or completeness of any information presented.