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Courts and the DOJ, Required to Complete the Job of Dismissing or Redesignating Old Cannabis Convictions

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Courts and the DOJ, Required to Complete the Job of Dismissing or Redesignating Old Cannabis Convictions

Summary: This page covers More About AB 1706 and AB 1793.

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.

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Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

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We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

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Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

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