Courts and the DOJ, Required to Complete the Job of Dismissing or Redesignating Old Cannabis Convictions

Since AB 1793 was passed in 2018, the DOJ is yet to comply with its directive to seal criminal records for cannabis-related offenses, denying around 10,000 Californians the relief provided by the bill.

Due to this laxity in compliance, a new bill, AB 1706 has been passed to provide a hard deadline for compliance with AB 1793.

AB 1706 directs local courts to urgently process eligible Section 11361.8 arrests, convictions, and proceedings, and together with the Judicial Council (which is charged with monitoring the process), report monthly on the progress.

The Department of Justice (DoJ) has until the 1^st of March 2023 to seal all convictions and until the 1^st of July 2023 to update all sealed cannabis records in their database.

The bill also directs the DOJ to run public awareness campaigns to raise awareness among people about their criminal history.

Any records against which no legal action has been taken should be declared sealed, dismissed, or resentenced.

More About AB 1706 and AB 1793

Prior to AB 1793 (Now Section 11361.9), individuals with Marijuana convictions had to petition the court for a sentence reduction or dismissal.

AB 1793 granted automatic relief to anyone charged with the following cannabis offenses:

• Possessing less than 28 grams of cannabis or 8 grams of concentrated cannabis
• Cultivating less than 7 plants at home
• Transporting less than 7 plants intended for sale
• Transporting less than 28.5 rams for sale or less than 4 grams for sale
• given as a gift, 8 grams of concentrated cannabis, or 28.5 grams

To get relief for these crimes, you must have been 21 years or older when you committed the offense.

If you have more than a cannabis record in your criminal history, only the cannabis record is eligible for sealing.

AB 1793 gave the courts until 1^st July 2020 to challenge any cases marked for recall, dismissal, or sealing.

The prosecution could also challenge:

• The resentencing of any person who doesn't meet the criteria laid down by Section 11361.9.
• The dismissal, sealing, or redesignation of a person who has served their sentence, if that person doesn't meet the criteria in this section.

Any sentence not challenged by this date should be recalled, dismissed, dismissed and sealed, or redesignated by 1^st March 2023.

After the DOJ records are updated, any sealed cannabis-related arrests or convictions will be deemed to have never occurred; if asked about an eligible cannabis conviction that has been sealed, you can respond that it didn't occur.

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