HS 11350 / 11377 misdemeanor
Clearing a drug possession conviction
Possession cases have more routes out than almost any other charge, and the one that applies to you depends on something you may not remember clearly: how the case actually ended.
What makes this charge different
- Proposition 47 reclassified simple possession as a misdemeanour and reaches convictions from before 2014
- Cases resolved through drug diversion or deferred entry of judgment are dismissed under their own statutes, not 1203.4
- A possession conviction dismissed under 1203.43 has specific immigration significance that an ordinary 1203.4 dismissal does not
- Automatic relief has a narrow Education Code carve-out for HS 11350 and 11377 convictions more than five years old
What this charge is
Health and Safety Code 11350 covers possession of a controlled substance and 11377 covers methamphetamine and similar. Both are about possession for personal use, not sales.
Felony or misdemeanour?
Since Proposition 47 in 2014, simple possession is a misdemeanour for most people. An older felony possession conviction can usually be reclassified.
Which relief applies
Which statute applies turns on how the case ended. A conviction with probation goes under 1203.4. An old felony goes to Proposition 47 first. But if you were sent to a drug programme and the case was dismissed on completion — deferred entry of judgment, or drug diversion — the dismissal already happened under a different statute, and what you may need is something else entirely.
The thing to watch out for
This is the charge where people most often misremember the outcome. 'I did the classes and they dropped it' can mean several legally different things, and they lead to different paperwork. The records review settles it, and if the answer is that nothing needs filing, we will tell you that.
The law that applies
- Expungement (PC 1203.4) — The court lets you withdraw your plea or sets aside the verdict, then dismisses the case, which releases you from most of the penalties of the conviction.
- Proposition 47 reclassification — It lets a person who has completed a sentence for a qualifying felony apply to have the conviction designated a misdemeanour.
Our flat fee for a case like this is $599, all in, with the court filing fee included. What that covers.
Common questions
I completed a drug programme and they dismissed it. Do I need anything?
Possibly not, and possibly something different from what you think. Completion dismissals happen under their own statutes and the record often still shows the arrest. The review tells you which situation you are in.
Will this stop me getting a healthcare licence?
Not automatically. A board may not deny a licence based on a conviction dismissed under 1203.4. But completing drug diversion does not stop a healing-arts board acting on professional misconduct, and some boards may obtain diversion records. It is worth specific advice.
My possession was a felony. Can it be a misdemeanour?
Usually yes, under Proposition 47, provided you do not have a disqualifying prior. That reclassification is often worth more than the dismissal.
Legal information on this page was last checked against primary sources in October 2026. California law changes; if you are reading this long after that date, confirm before you rely on it.