How to Clear Marijuana Charges From Your Criminal Record With California Prop 64
When Prop 64 was implemented, most people knew it had legalized recreational marijuana. However, a less-known change brought about by this law is that it has made it possible for some people to have their past convictions cleared or reduced. Prop 64 can help rewrite the past for countless individuals seeking redemption and a chance for a brighter future.
At Aron Law Firm, we specialize in providing expert legal guidance and representation to individuals seeking relief from past convictions. We know that understanding the nuances of Prop 64 can be challenging, and we are here to guide you through the process. Our firm believes that everyone deserves a second chance. Contact us today to start the process of putting your past behind you.
Understanding How Prop 64 Can Help Clear Marijuana Charges
Proposition 64, or the Adult Use of Marijuana Act, was approved by voters in November 2016. This legislation made California the fifth state in the nation to legalize recreational marijuana. Yet, one crucial aspect of this law that is often overlooked is its retroactive nature. Not only does it legalize recreational marijuana, but it also offers relief to those with prior marijuana convictions.
Under Prop 64, many marijuana convictions can be either entirely expunged from your record or potentially reduced to misdemeanors. The burden of proof lies not with you but with the prosecutors. Clearing your record requires establishing a prima facie case by alleging in a petition filed with the court that you are entitled to relief. The prosecutor must prove with clear evidence that you do not qualify for a conviction reduction or expungement.
A judge may deny expungement if a person had more than 1 ounce of marijuana or more than six plants, in which case it may be possible to have the conviction reduced from a felony to a misdemeanor. In some cases, relief may be denied if it is deemed that an individual poses an “unreasonable risk of danger” to others.
The Impact of Clearing Your Record
Clearing a marijuana conviction from your record can have far-reaching benefits, including:
- Employment: A clean record can significantly help you secure employment, pass background checks, and even qualify for certain jobs and licenses that may have otherwise been off-limits with a conviction.
- Housing: Landlords often conduct background checks on potential residents, and a clean record can increase your chances of renting a place.
- Financial aid: A drug conviction may affect your eligibility for federal student loans. Clearing your record can help you access better educational opportunities.
- Benefits: Eligibility for state and federal benefits may be influenced by a drug conviction. Clearing your record protects your access to these benefits.
- Travel: Certain countries may deny entry or a visa application based on drug convictions, so clearing your record can help facilitate international travel.
- Civil rights: A felony conviction strips people of their right to vote and to possess firearms. By clearing your record, you can restore these rights.
- Family matters: A marijuana conviction may impact child custody or adoption proceedings. A clear record prevents these proceedings from being affected.
With the implementation of Prop 64, you do not need to let a prior marijuana conviction continue to affect your life or future opportunities. If the marijuana offense you were convicted of is now legal or has been reduced under Prop 64, you may be eligible to have your conviction reduced or expunged. Seeking legal assistance can help you better understand the process and can ensure you have a strong advocate fighting to protect your rights and best interests.
Contact an Experienced Marijuana Charges Defense Lawyer
With its retroactive provisions, Prop 64 opens the door for many individuals to clear their records and reclaim their future. By seeking the guidance of legal experts, like those at Aron Law Firm, you may be able to break free from past mistakes and live a life where they no longer follow you.
Aron Law Firm is well-versed in the nuances of Prop 64 and is ready to assist you in clearing your marijuana conviction. Do not let a past mistake hold you back any longer. Reach out to Aron Law Firm today to schedule a consultation by calling (805) 618-1768 or completing our contact form.
EXPERTLY REVIEWED BY
William M. Aron
October 18, 2023
Former Deputy District Attorney William Aron received his Juris Doctorate from the Duke School of Law and has amassed 20 years of experience practicing law. Attorney Aron dedicates his practice to defending the accused, and is devoted to keeping his clients out of prison.
