Can I get a prior marijuana conviction reduced or removed under prop. 64?

Yes. If you already have finished your sentence or juvenile disposition (including any supervision), then you can change your record under Prop. 64. If they now would be misdemeanors or infractions, they can be “redesignated”—reduced to—misdemeanors or infractions. If they now would be considered legal activities, they can be “sealed” or destroyed.The requirements for reclassification or dismissal and sealing are:

    You have finished your sentence or disposition
    You “would not have been guilty of an offense, or [] would have been guilty of a lesser offense under the [Prop. 64] had the Act been in effect at the time of the offense . . . .”
    The law also lists convictions that may underlie a petition: Health and Safety Code sections 11357 (Possession), 11358 (Planting, harvesting, or processing), 11359 (possession for sale), or 11360 (Sale, transportation for sale, or gift).[3140] An argument may exist that other convictions not listed as eligible for reclassification and sealing, but which would not be illegal under current law, can be redesignated or sealed. [3141]
    There is no “unreasonable risk” exception. There is no time limit.
OTHER QUESTIONS ABOUT PROP. 64:
  1. 3140

    Cal. Health & Saf. Code §§11361.8(e), (f) ↑

  2. 3141

    For example, an argument exists that violations of Cal. Health & Saf. Code §§ 11366 and 11366.5 (providing a place for manufacturing, distributing, or giving away of controlled substances) that were based on conduct that now would be legal should be sealed in accordance the intent of Prop. 64. However, Cal. Health & Saf. Code § 11361.8(e) expressly provides for redesignation and sealing only for Cal. Health & Saf. Code §§ 11357-11360. As subdivision (a) of the same section uses broader language, an equal protection argument may exist. ↑