Prop 64
Cannabis conviction relief (Proposition 64)
Conduct that is now legal should not still be a conviction. Proposition 64 said so, and then California went further and started clearing these without anyone asking.
What it does
It allows a prior cannabis conviction to be dismissed and sealed, or redesignated as a lesser offence, based on what the conduct would be under current law.
What it does not do
It only reaches cannabis offences, and redesignation leaves a lesser conviction rather than nothing.
Proposition 64 legalised adult cannabis use in 2016 and, unusually for a California ballot measure, made the change retroactive for people already convicted. If what you did would be lawful now, the conviction can be dismissed and sealed. If it would be a lesser offence now, it can be redesignated as that lesser offence.
The State may have already done it
California later required prosecutors and courts to review and clear these convictions without anyone petitioning, and counties processed them in large batches. Many people's cannabis convictions were cleared years ago and they have never been told. This is the first thing to check, and checking is free.
Why it is worth finishing even now
Old cannabis convictions turn up in employment screening long after the law changed, because commercial background databases are not required to keep up and frequently do not. A court order is the thing that settles it when a screening company has stale data.
Who qualifies
- The conviction is a California cannabis offence
- The conduct would be legal, or a lesser offence, under current law
Who does not
- Non-cannabis drug convictions, which follow the ordinary dismissal route
- Conduct that would still be a serious offence today, such as sales to minors
The forms and how long it takes
Filed on CR-400, CR-401, CR-402, CR-403.
- CR-400 — Petition/Application under HS 11361.8
- CR-401 — Proof of Service
- CR-402 — Prosecuting Agency Response
- CR-403 — Order After Petition/Application
Among the faster petitions, partly because prosecutors rarely oppose them and many counties have already processed these in bulk.
Our flat fee for this is $499, all in, with the court filing fee included. See what that covers.
Common questions
My conviction was for possession in the 1990s. Does that qualify?
Almost certainly, if the amount was within what is now lawful for an adult. Age at the time and the specific offence matter, and the records review confirms it.
What if it was for sales?
Sales offences are treated differently and are often redesignated rather than dismissed, depending on what the conduct would be under the current licensing scheme. Sales to minors is excluded.
Is this cheaper than a regular expungement?
Yes. It is the least expensive service we offer apart from an infraction, because the law is settled and the petitions are rarely contested.
Related relief
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.