Ventura Prop 64 Relief: Erase Your Cannabis Conviction
TL;DR: Proposition 64, approved by California voters in 2016, allows people with prior cannabis convictions to seek to have those convictions reduced, redesignated, dismissed, or sealed. This post explains how Prop 64 relief generally works for Ventura County residents and what to expect from the process.
What Is Proposition 64 Relief?
Proposition 64, the Adult Use of Marijuana Act, did more than legalize recreational cannabis use for adults in California. It also created a pathway for individuals with past cannabis-related convictions to petition the court to have their records reduced, redesignated to lesser offenses, dismissed, or sealed. This relief generally applies to convictions for conduct that, under current law, would either be legal or punished less harshly. See the Proposition 64 initiative text (California Attorney General).
Who Qualifies in Ventura County?
If you were convicted in Ventura County (or anywhere in California) of a cannabis-related offense before Prop 64 took effect, you may be eligible for relief. Eligibility depends on the specific offense, your criminal history, and whether you are currently serving a sentence. Common qualifying offenses include possession, cultivation, transportation, and possession for sale of cannabis. See California Health & Safety Code § 11361.8.
Automatic Record Review Under AB 1793
Under Assembly Bill 1793, the California Department of Justice was required to review state records and identify convictions that are potentially eligible for Prop 64 relief, then forward those lists to county prosecutors. Prosecutors then review the cases and either challenge eligibility or allow the court to redesignate or dismiss the conviction. As a result, many Ventura County residents may already have had their records updated automatically—though it is important to verify your status. See Assembly Bill 1793 (2018).
Filing Your Own Petition
Even with automatic review, some individuals may need to file a petition or application directly with the court. This is often the case if your records were missed by the state’s review, if there is a dispute about eligibility, or if you want to confirm the status of your record. The petition is generally filed in the superior court of the county where you were convicted—for Ventura County residents, that is typically the Ventura County Superior Court. See Health & Safety Code § 11361.8.
What Relief Looks Like
Depending on the offense and circumstances, relief may include: redesignation of a felony to a misdemeanor or infraction; dismissal of the conviction; or sealing of arrest and conviction records. The practical impact can be significant—potentially improving job prospects, housing applications, professional licensing eligibility, and immigration outcomes, although results vary by individual case. See Health & Safety Code § 11361.8.
Time Limits and Procedural Considerations
California law sets out procedures and timing for filing petitions, responding to prosecutor objections, and appealing denials. Because these timelines can vary based on the type of relief sought and the specific circumstances of your case, it is important to consult either an attorney or the court directly to confirm any applicable deadlines before acting. See the Judicial Council Petition for Dismissal Information (Form CR-400-INFO).
Tips for a Smoother Prop 64 Petition
- Get your RAP sheet first. Request your California criminal history record from the DOJ before filing anything so you know exactly what is on your record.
- Check for automatic relief. Your conviction may have already been redesignated under AB 1793—confirm with the court clerk before filing a duplicate petition.
- Gather case numbers and dates. Having your original docket number, conviction date, and sentencing details speeds up the process.
- Consider immigration impact. If you are not a U.S. citizen, talk to an attorney before filing—certain forms of relief have different immigration consequences.
- Do not assume ineligibility. Even some felony cannabis convictions can be reduced or dismissed.
Prop 64 Relief Checklist
- Obtain a copy of your California DOJ criminal record.
- Identify each cannabis-related conviction and the code section charged.
- Verify whether AB 1793 automatic review already applied to your case.
- Determine the appropriate court (typically Ventura County Superior Court).
- Prepare and file the appropriate petition or application under Health & Safety Code § 11361.8.
- Serve the prosecuting agency as required.
- Attend any scheduled hearing or respond to prosecutor objections.
- Obtain a certified copy of the order once relief is granted.
- Update background-check and licensing records as needed.
Frequently Asked Questions
Do I have to pay a filing fee for a Prop 64 petition?
Under Health & Safety Code § 11361.8, courts generally do not charge a filing fee for petitions seeking recall, dismissal, or redesignation of qualifying cannabis convictions. Confirm current practice with the Ventura County Superior Court clerk.
Can I get Prop 64 relief if I am still on probation or parole?
Yes. Health & Safety Code § 11361.8 allows individuals currently serving a sentence—including probation or parole—to petition for recall or resentencing, subject to the court’s review of public safety considerations.
Will my conviction disappear from background checks?
If your conviction is dismissed or sealed under Prop 64, it generally should not appear on most employer background checks, though some private databases may lag. State-run records should reflect the change once the order is processed by the DOJ.
How long does the process take in Ventura County?
Timelines vary depending on court backlog, prosecutor review, and whether a hearing is required. Some uncontested petitions are resolved in a few months; contested matters may take longer.
What if my conviction was already automatically redesignated—do I still need to do anything?
If AB 1793 review already addressed your case, you may not need to file. However, you should still verify the change with the court and consider whether additional relief, such as Penal Code § 1203.4 expungement, would benefit you.
Next Steps for Ventura Residents
If you have a prior cannabis conviction in Ventura County, consider:
- Requesting a copy of your California criminal record from the Department of Justice;
- Reviewing whether your conviction was already redesignated under AB 1793; and
- Consulting with a qualified attorney to evaluate your options for additional relief, including expungement under California Penal Code section 1203.4, if applicable.
Have questions about your record? Contact our team to discuss your situation with a qualified California attorney.
Sources
- California Office of the Attorney General – Proposition 64 Text
- California Health & Safety Code § 11361.8
- California Assembly Bill 1793 (2018)
- Judicial Council of California – Petition for Dismissal Information (CR-400-INFO)
Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice and is specific to California law as of the date last reviewed. Reading this post does not create an attorney-client relationship. Laws and procedures change, and the application of law depends on the specific facts of each case. If you have questions about Proposition 64 relief or any cannabis conviction, please consult a licensed California attorney.