In 2016, California voters approved Proposition 64 (Prop 64) to legalize marijuana possession, cultivation, and sales. To provide relief for those with prior cannabis convictions, Governor Gavin Newsom (D) subsequently signed Assembly Bill 1793 (AB 1793) in 2018.
This created a process to automate clemency for those affected by Prop 64’s legalization of cannabis. In 2020, Governor Newsom signed Assembly Bill 1706 (AB 1706), which required courts to seal records of qualifying marijuana cases by March 1st, 2023, that were not challenged before July 1st, 2020.
The purpose of the report recently released by Attorney General Rob Bonta’s office was to measure progress made toward clearing eligible cannabis cases since the enactment of AB 1706.
The report found that most counties across California have made significant progress since receiving this directive, clearing 206,052 out of an estimated 227,650 potential resentencing/dismissals statewide. The Attorney General’s office is also required to inform the public about the new law and its progress via quarterly joint progress reports with the Judicial Council of California.
The findings are incredibly positive, showing tremendous progress in most areas of the state. However, there are still several counties that still need to address all their eligible cases and need to take further action in order to meet the deadline set by AB 1706.
Regional Progress in Resentencing and Dismissing Eligible Cases
Six counties (Alpine, Lake, Mono, San Luis Obispo, Siskiyou, and Shasta) reported full compliance as of April 6th, 2023, according to the DOJ. San Francisco and a few other counties were nearly in full compliance, with only a few outstanding cases left to address.
San Diego brought its compliance rate up to 99.3% by sealing 1,506 cases this year so far; a remaining 190 still need to be reported sealed. Los Angeles County has yet to make any progress in the sealing process this year; it has 2,226 convictions still waiting to be acted on by July 1st, 2023.
Other counties, such as Orange County (4,052 convictions), San Bernardino (3,717 convictions), and Alameda (2,080 convictions), still need to be able to reduce their backlog of cases. Some progress was seen in El Dorado, Kern, Madera, Napa, Riverside, Sacramento, and Sutter counties.
Imperial County had the lowest rate of compliance with only 14.6%, clearing 258 out of 1,767 potential convictions; Amador (31.1%), Marin (38.8%), Trinity (47.6%), San Joaquin (59.1%) were similarly lagging behind in their efforts to address these cases. Humboldt has cleared 272 convictions this year but is still only at 61% compliance toward its goal of full compliance by July 1st, 2023.
Attorneys General’s Role in Expungement Process
Under state law, all counties must comply fully with the resentencing/dismissal of eligible cannabis cases by July 1st, 2023. The Attorney General is responsible for ensuring that all counties fulfill this deadline, and will be issuing quarterly progress reports along with the Judicial Council of California.
In order to ensure that each county meets its obligation, the AG’s office has been working to inform both individuals affected and the courts on how they can participate in this process. Additionally, it has been educating the public about the new law and its progress.
The AG’s office recently launched an online portal to provide information on how individuals can apply for expungement. The website also includes resources on legal representation, financial assistance, and emotional support services.
This is a crucial first step in ensuring that everyone affected by cannabis convictions knows their rights and has access to the necessary resources they need to move forward with clearing their records.
The report released by the Attorney General’s team shows tremendous progress across most counties in addressing eligible cannabis cases since AB 1706 was enacted into law. Although there are still several counties needing to catch up, it is likely that they, too, will reach full compliance by the July 1st deadline.
With the help of the AG’s office, California residents affected by these cannabis convictions will benefit from this legislation and be able to move forward with their lives. This is a significant step toward equity and justice for those who have been disproportionately impacted by outdated cannabis laws in California.
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