Tooby's California Post-Conviction Relief for Immigrants

(a)  Offenses Committed After January 1, 1976:

            The offense must be simple possession of marijuana of any amount, giving away or transporting less than 28.5 grams, possession of paraphernalia, or being in a place where marijuana is being used.[256]

            If the conviction occurred after January 1, 1976, the records are required to be destroyed automatically two years after completion of the sentence or probation.  It is, nonetheless, a good idea to verify that this has in fact occurred.

            (b)  Offenses Before January 1, 1976:

            The offense must be simple possession of marijuana, possession of marijuana‑smoking paraphernalia, being in a place where marijuana is being used, being under the influence of marijuana, or maintaining a place where marijuana was being used.[257]

            If the conviction occurred before January 1, 1976, the only difference is that it is necessary to file a simple application with the California Department of Justice in order to have the records destroyed.  In other words, these records must be destroyed on request.

[256] Violations of Health and Safety Code § § 11357(b) ‑ (e), 11360(b).  Persons convicted only of simple possession of less than 30 grams of marijuana may have other options for relief.

[257] Violations of Health and Safety Code § § 11357, 11364‑11365, and 11550.  Maintaining a place, while not listed in the statute, was added by judicial decision to the list of offenses for which this relief is available.  Hooper v. Deukmejian (1981) 122 Cal.App.3d 987.