How Ventura Residents Can Clear Old Marijuana Charges
TL;DR: California law allows many people with prior marijuana convictions to have those records reduced, dismissed, or sealed. Ventura County residents may be eligible for automatic relief under Proposition 64, and can also file petitions with the Ventura County Superior Court to address charges that were not automatically cleared. Contact our office to discuss your options.
Why Old Marijuana Convictions May No Longer Belong on Your Record
In 2016, California voters approved Proposition 64, the Adult Use of Marijuana Act, which legalized recreational cannabis for adults and made many prior marijuana offenses eligible for resentencing, reduction, or dismissal. In 2018, Assembly Bill 1793 went further, directing the California Department of Justice to identify potentially eligible convictions and requiring prosecutors to review them. As a result, many Ventura residents may already have had old marijuana charges reduced or dismissed without taking any action themselves. For more on this process, see the California Attorney General’s Prop 64/AB 1793 Conviction Record Review information.
Who May Be Eligible for Relief
Eligibility generally depends on the specific offense, the date of conviction, and your criminal history. Conduct that would no longer be a crime, or would be a lesser offense, under current California law is often eligible for dismissal or reduction. Some convictions involving aggravating factors, prior serious offenses, or sentencing enhancements may require an individualized petition rather than automatic relief.
How the Process Works in Ventura County
If your conviction was eligible for automatic review, the Ventura County District Attorney’s Office and the Superior Court should have processed it. You can request your California criminal history through the California Department of Justice Record Review process to confirm whether a conviction was reduced, dismissed, or sealed. If a conviction was not automatically cleared but you believe it should have been, you—or an attorney on your behalf—can file a petition or application with the Superior Court of California, County of Ventura, asking for resentencing, reduction, or dismissal under the Health and Safety Code provisions enacted by Proposition 64.
What Clearing a Marijuana Charge Can Mean for You
Having an old marijuana conviction reduced or dismissed can improve your eligibility for:
- Employment opportunities and background checks
- Housing applications
- Professional licensing
- Educational programs and financial aid
While record relief does not erase every trace of the case, it changes how the conviction is reported and can substantially reduce its impact on background checks.
Practical Tips Before You File
- Pull your record first. Don’t assume your conviction is still on your record—many have already been updated automatically.
- Gather case numbers and dates. Old paperwork or court minutes can speed up review.
- Check for related holds. Probation, fines, or warrants may affect eligibility timing.
- Consult a California attorney if your case involved enhancements or prior serious offenses.
Ventura Marijuana Record Relief Checklist
- ☐ Request your California criminal history record from the DOJ
- ☐ Identify each marijuana-related conviction and its code section
- ☐ Confirm whether the conviction was already reduced or dismissed under AB 1793
- ☐ Identify whether you need a petition under Health and Safety Code § 11361.8
- ☐ Collect supporting documents (court records, completion of probation, etc.)
- ☐ File the petition with the Ventura County Superior Court
- ☐ Follow up to obtain an updated record reflecting the relief granted
Steps to Take Now
- Obtain a copy of your California criminal history record from the Department of Justice.
- Review it to determine whether your marijuana convictions have already been updated.
- If they have not, consult a qualified California attorney to evaluate your eligibility, prepare any necessary petition, and represent you in the Ventura County Superior Court.
Deadlines and waiting periods can vary depending on the type of relief sought, so timely action is important. Contact our team to schedule a consultation about clearing your record.
Frequently Asked Questions
Do I have to do anything if my marijuana conviction qualifies for automatic relief?
Under Assembly Bill 1793, prosecutors and the courts were required to review eligible convictions automatically. However, you should still verify your record with the California Department of Justice to confirm that the relief was actually applied.
What if my conviction was not automatically cleared?
You can file a petition or application with the Superior Court of California, County of Ventura, asking for resentencing, reduction, or dismissal under provisions enacted by Proposition 64. An attorney can help prepare and file the petition.
Will a cleared marijuana conviction still show up on background checks?
Record relief changes how a conviction is reported. While it does not always erase every trace, it generally reduces the conviction’s impact on most employment, housing, and licensing background checks.
How long does the process take in Ventura County?
Timelines vary based on the type of relief, court calendars, and whether the prosecutor objects. Some petitions resolve in a few weeks; others can take several months.
Do I need a lawyer to clear an old marijuana charge?
You are not required to have a lawyer, but having an experienced California attorney can help if your case involves complicated facts, sentencing enhancements, or prior serious offenses. Contact us to discuss your situation.
Sources
- California Office of the Attorney General — Cannabis Information
- California Office of the Attorney General — Prop 64/AB 1793 Conviction Record Review
- California Department of Justice — Request Your Own Criminal History Record
- Superior Court of California, County of Ventura
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice and is specific to California law. Reading or relying on this content does not create an attorney-client relationship. Laws and procedures change, and outcomes depend on the specific facts of each case. For advice about your situation, please consult a licensed California attorney.