Virtual and Phone consultations available in all cases.

Avvo Rating
State Bar of California
Featured in huffpost Live
Best Attorney
Top Rated Lawyer
Greater Irvine Chamber
Iranian American Chamber of Commerce
2022 Winner Woman-Owned Small Business Award
Winner 2022 Woman-Owned Small Business Award
The National Top 100 Trial Lawyers
America's Top 50 Lawyers 2023

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 1st of March 2023 to seal all convictions and until the 1st 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 1st 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 1st 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.

Client Reviews
The Johnson Law Group handled a very important and delicate matter with professionalism and a caring manner. Attorneys were knowledgeable, in communications, and provided a top notch service to my need. I highly recommend the Johnson Law Group for your important legal issues. Hardy Jr.
Lauren Johnson-Norris was amazing. She explained everything in ways that were easily understood, & answered all of my question. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson-Norris would be my first recommendation to any of my family or friends similarly in need of legal assistance. Heather
I researched a lot of attorneys and had met with two attorneys before speaking with Ms. Johnson-Norris and retaining her. I was facing serious charges that could not be on my record, due to my job and was really scared. I felt hopeless & thought my life was ruined...until I found Ms. Johnson-Norris… A criminal defense client (drug case)
She is on point. She knows her field well. I have to give credit where credit is due, you deserve it Lauren Johnson-Norris… Anonymous, Victim of Domestic Violence
Lauren Johnson-Norris was my saving grace. I naively thought you were innocent until proven guilty. However, I soon discovered that CPS and family court does not see things that way… Mrs. G, a CPS client