Expungement, Sealing, and More: Getting Relief After a California Drug Conviction

A criminal conviction changes everything. Not only do convictions mean fines and possibly jail time, but they can also lead to consequences beyond prison or probation, such as difficulty getting work or family court issues. 

Fortunately, California has several laws that help people avoid the consequences of being convicted of a crime. And while you might think that only a few people are eligible for this help, the California Department of Justice reports that from 2022-2023, nearly 7 million Californians got relief from their convictions under just one of these laws. So, there is a good chance that you or your loved one could qualify for help. 

This article focuses on the expungement and sealing of drug convictions in California. It discusses which laws help and how they work. It also explains how a Marin County drug attorney can help with these issues.

Understanding Expungement, Dismissal, and Sealing in California 

People tend to use “expungement” and “sealing” interchangeably. However, the law gives them very different meanings.

Expungement. In a true expungement, a person’s conviction is completely erased.  The court can order the dismissal of the conviction and the destruction of any arrest or conviction records. 

In California, true expungement is available only in some juvenile cases. The state does not offer any type of expungement for convicted adults. 

Dismissal. While California doesn’t offer full expungement for people convicted of crimes committed after age 18, it does offer dismissal. 

In a dismissal, the conviction records are not destroyed. However, the court changes the status of the conviction. So, people who look will see that you’ve been convicted, but they will also see a note that says “dismissed.” 

Generally, to be eligible for dismissal under Section 1203.4 and its related sections, you must:

• Have not been, with a few exceptions, sentenced to state prison, 
• Have completed the jail or probation sentence you were given,
• Have no current pending criminal charges, and
• Not be convicted of a crime requiring sex-offender registration under Penal Code § 290, and
• Not have been sentenced to a crime that is specifically excluded from relief by the governing statute. 

Dismissal has many benefits. Since 2019, many California laws have limited the public disclosure of many dismissed convictions. Additionally, California law strictly governs how most private (non-government) employers can use or ask about a dismissed criminal conviction during the hiring process. 

However, dismissal is not a perfect remedy. Even if a dismissal is granted, criminal justice agencies can still see it. In a future case, a prosecutor could use your dismissed case to argue that you have prior convictions. Additionally, a dismissal will not restore your firearm rights or prevent you from facing immigration consequences. 

Sealing. In California, subject to some exceptions, a sealed criminal record cannot be disclosed by the courts or the Department of Justice (“DOJ”). This means that most people, including most employers, won’t see the conviction or the dismissal. 

The qualifications for sealing are generally similar to those for dismissal. Also, like dismissal, a sealing can still be seen by courts and can still be used in future proceedings.

Dismissal vs. Sealing – The Bottom Line. Dismissal and sealing share many similarities. Some California laws even combine the two. However, there is an important distinction between them. Dismissal changes the status of the conviction. Sealing changes who can see the conviction. 

Dismissal and Sealing of Drug Convictions in California 

Drug convictions that resulted in a state prison sentence are typically ineligible for dismissal. Fortunately, most other California drug convictions are eligible for dismissal if they meet the criteria listed above. Convictions that could fit the standards include: 

• Misdemeanor drug possession 
• Possession of drug paraphernalia 
• Felony drug convictions where the sentence is only probation
• Drug felonies reduced to misdemeanors under Proposition 47 

And while sealing typically involves cases in which the charges were dropped, Proposition 64 changed that. This law legalized small amounts of marijuana for personal use. To help people convicted under the prior law, California now allows them to have these marijuana convictions dismissed and sealed. 

How to Get Your Drug Conviction Dismissed in California 

If you have any drug conviction other than a marijuana conviction covered by Prop 64, dismissal is likely your best bet. Generally, there are two routes to dismissal in California.

Petition Process 

The first step in the petition process is choosing the right statute. While several California statutes allow dismissal, most cases fall under Section 1203.4 or 1203.4a. Then, you’ll need to verify that you meet the statute’s eligibility requirements. 

Next, you’ll need to file the appropriate petition in the correct court. Also, you must notify the prosecutor at least 15 days before the court decides your petition.

Automatic Dismissal Process

California law automatically dismisses many cases. You don’t have to file anything. The California DOJ regularly reviews criminal cases to look for people who qualify for automatic relief. Then they refer them to the court. However, prosecutors are allowed to object to these requests. If the court doesn’t accept the prosecutor’s arguments, it will grant relief as noted above. 

How to Get Your Drug Conviction Sealed in California 

If you have a marijuana conviction, Prop 64 is your route. While people originally had to petition for relief under the law, it is now automatic. Again, the DOJ regularly reviews files and refers them to the courts. However, if you believe your case has been overlooked, you can file a petition. The process works similarly to the dismissal process outlined above, but there are some differences. For example, you will have the option to request dismissal, sealing, or both. 

Get Legal Help with Dismissing or Sealing Your California Drug Case

While automatic relief is an option, hiring a Marin County defense attorney is still a good idea. A lawyer can help you by:

• Correcting incomplete or inaccurate DOJ records to make you eligible for automatic relief 
• Responding to the prosecutor’s objections
• Ensuring that the record is sealed after dismissal
• Navigating multiple cases 
• Helping you file a petition if you aren’t eligible for automatic relief

In addition, automatic relief takes time. If you can’t wait, a petition might be your best option. Also, some employers prefer a court order to automatic dismissal. 

If you need help dismissing or sealing a drug conviction in California and need a Marin County drug attorney to help, contact Brownstein Law Group. Our team provides aggressive representation, and we’re not afraid of going toe-to-toe with prosecutors. To learn more about how we can help you or your loved one, call 415-965-6183 or use our online form to get in touch.