Criminal Defense

How to Remove a Marijuana Conviction

February 05, 2018 by Mikel Rastegar in Criminal Defense  Rights   Leave a Comment
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Marijuana is Now Legal

You’ve probably already heard about the legalization of marijuana in California which joined to Alaska, Colorado, DC, Nevada, Oregon, and Washington as the sixth state to become licensed for local businesses to sell recreational weed to anyone 21 and up.

The new laws have now brought to light that previous convictions and arrests for marijuana, a natural medicinal plant, were simply unjust because marijuana is in fact statistically safer than both alcohol and tobacco.

Throwing Out Cases

  • California is providing second chances to people who’ve been charged with almost any weed crime.
  • From infractions to misdemeanors, to felonies, former convicted persons could have their records wiped or have their charges reduced, significantly.
  • According to the Drug Policy Alliance, there have been 500,000 arrest for marijuana crimes in the last 10 years in California.
  • This change could potentially bring employment opportunities to those who have been affected by harsh drug laws, especially low-income minorities.
  • According to the California Judicial Council, at least 5,000 people have already filed petitions to have their sentences reduced or thrown out altogether.
  • Сlose to a million people have review-able convictions that could be reduced or overturned.

How to Remove an Old Marijuana Conviction

You can file a petition application by yourself, or you can hire a qualified attorney to handle your Prop 64 expungement or reduction. The record-cleaning sections of Prop 64 take effect immediately.

If you have a marijuana conviction from before the passage of Prop 64, there is a very good chance that we can obtain major post-conviction relief for you, including:

  • Expunge your marijuana conviction, whether it was a misdemeanor or felony;
  • Reduce your marijuana felony to a misdemeanor;
  • Restore your gun rights;
  • Restore all your civil rights;
  • Reinstate your eligibility for employment, professional licensing, and student loans.

CALL NOW: 310-274-6529

Currently Imprisoned for Marijuana?

What happens to people who currently locked up in California jails?

Prop 64 allows those convicted with cannabis crimes to get out of jail, though not immediately, and have their records cleared in accordance to what the laws read now!

Prop 64 created a process through which anyone incarcerated or serving a term on probation, parole, or community supervision for a weed-related offense can petition a judge to have their sentence reduced if the previous conduct now classifies as a lesser offense.

For example, under Prop 64, the possession of weed with the intent to sell (previously a felony) is now a misdemeanor.

The law requires judges to resentence any such applicant, the exception being instances where it is determined that the applicant might possibly commit a violent felony upon release. Please consult a defense attorney to answer questions about the specific circumstances of your loved one’s case.

New Prop. 64 Laws

So what exactly changed with the Prop. 64?

For details of the laws regarding marijuana under Prop 64, see our article on “Recreational Marijuana“.

We’re Here to Help

Did the police arrest you for a Cannabis-related crime in the greater Los Angeles area? We cannot stress enough the importance of consulting and retaining a lawyer to protect your rights, privacy and future.

Need a Criminal Defense Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Criminal Defense Attorney who has over 17 years of practice defending a variety of criminal cases.

Read our Client Reviews

References:

[1] http://www.courts.ca.gov/prop64.htm

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