If my conviction is eligible to be expunged automatically, how does this happen?
Under the law, certain drug convictions will be expunged from your record automatically, without you having to file a petition in court. This happens in the following 2 situations:
- Successful completion of a drug diversion program:[3040]
- In some cases, if you were charged with a drug offense, the judge will suspend your sentence so that you can complete drug treatment instead of going to jail.
- If the judge suspended your sentence and ordered you to do a drug-treatment program (drug diversion), and you successfully completed the program, your records will be automatically expunged.
- NOTE: This remedy is available ONLY if you were given drug diversion by the court AND you successfully completed all court-ordered requirements. If you did NOT complete your requirements, or you were NOT actually given diversion by the court, then the conviction will still be on your record (even if you completed a drug treatment program on your own).
- Minor Marijuana Convictions:[3041]
- If you have a minor marijuana conviction on your record, your record will be cleaned automatically if:
- Your conviction was for “simple possession” of marijuana; AND
- The conviction occurred after January 1, 1976; AND
- The conviction is more than 2 years old.
- After 2 years, all records relating to your arrest and conviction will be destroyed. You will be able to say that you have NO arrests or convictions for this case.
- NOTE: This automatic erasure of minor marijuana convictions is ONLY for convictions related to possession of less than 1 ounce (28.5 grams) of marijuana for personal use. If your conviction was for cultivation, sales, or transportation of marijuana, it will NOT be erased automatically.
NOTE: As of January 1, 2011, simple possession of marijuana is no longer a misdemeanor offense; it is now only an infraction.[3042] Although minor marijuana infractions are supposed to be erased automatically just like other minor marijuana (misdemeanor) convictions, in practice, this doesn’t always happen! If you find that your marijuana infraction has NOT been erased from your record, you will need to contact the court clerk at the court that handled your case and ask him or her to (1) correct your criminal record and (2) destroy all arrest and conviction records from your case.