If you were convicted of possession of marijuana for personal use then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code Sections 11361.5 and 11361.7 all possession of marijuana for personal use convictions, after January 1, 1976, are erased from your record after two years. BE CAREFUL! The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record.
If you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation This is an external link. Click this icon for our external linking policy. you are not eligible for a dismissal under Penal Code Section 1203.4 or 1203.4a. You may, however, be eligible for a Certificate of Rehabilitation. For eligibility and application requirements contact the Board of Parole Hearings This is an external link. Click this icon for our external linking policy., Post Office Box 4036, Sacramento, CANNN-NN-NNNNIf you are eligible, you may file a petition with the Superior Court where you reside. This is a lengthy process and you may need a lawyer. You have the right to have the Public Defender in your county help you. If there isn’t a Public Defender in your county, you may still have the right to get help, either by the county’s adult probation officer, or by a court-appointed lawyer if the court thinks you need legal representation. Read Penal Code §4852.08
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