Overview Description

Records relating to certain drug offenses that have been decriminalized in sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4, are eligible for dismissal by the court. Cal. Health & Saf. Code § 11361.8.

Ineligible Category or Citation

This section applies only to offenses under the Control, Regulate and Tax Adult Use of Marijuana Act, sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 of Cal. Health & Saf. Code.

Procedure General

The petition must be filed in the court that originally sentenced the petitioner. If that court is not available, the presiding judge shall designate another judge to rule on the petition. For the specific procedure, see Cal. Health & Saf. Code § 11361.8.

Fees

There is no statutory language regarding fees.

Effect

The court can dismiss the charge or resentence the petitioner. If the offense is resentenced as a lesser offense, it shall be considered the lesser offense for all purposes. Cal. Health & Saf. Code § 11361.8(h).

Waiting Periods

The petition can be filed at any time.

(non-prod server)