How do I get resentenced under prop. 64?
Note for San Francisco residents:
If you were convicted of a marijuana-related offense in San Francisco after 1975, your offense could be recalled, dismissed, or sealed without any action on your part. San Francisco District Attorney George Gascon has committed to reviewing and revising every eligible marijuana conviction in his district. For more information, visit sfdistrictattorney.org.
For resentencing, a “petition” to the sentencing court is required.[3136] For fixing your record, an “application” to the sentencing court is required.[3137] There is a form petition/application, available online at: http://www.courts.ca.gov/prop64.htm, and find sample forms in APPENDIX V, PG. 1050. Contact the attorney who represented you or the county public defender’s office from where you were sentenced to file the petition or application for you. If you have an ongoing appeal, also talk to your appellate attorney.
Additionally, some records will be sealed automatically. State agencies must automatically destroy records of arrest and conviction from January 1, 1976 or later for possession of marijuana offenses under Health and Safety Code sections 11357 and 11360(b), plus juvenile adjudications for all marijuana-related offenses except those involving synthetic marijuana under Health and Safety Code section 11357.5. Agencies should destroy records two years after conviction or arrest if no conviction. Certain offenses including Health and Safety Code section 11357, subdivision (d) and other offenses on K-12 school grounds have special rules requiring destruction only upon a person turning 18.[3138] If you have certain offenses from before 1976, you can apply to destroy related records of arrests and convictions.[3139]