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expungement

  • by Paul Armentano, NORML Deputy Director October 1, 2018

    Democrat Gov. Jerry Brown has signed legislation, Assembly Bill 1793, facilitating the review and expungement of hundreds of thousands of past marijuana convictions.

    The new law requires “the Department of Justice, before July 1, 2019, to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to AUMA (the Adult Use Marijuana Act).” Prosecutors would have up to a year to either vacate the conviction or to reduce it from a felony to a misdemeanor.

    An estimated half-million Californians are eligible for relief under the law. “Long after paying their debt to society, people shouldn’t continue to face the collateral consequences, like being denied a job or housing, because they have an outdated conviction on their records,” the bill’s sponsor, Assemblyman Rob Bonta, said.

    Other states – including Delaware, Massachusetts, Maryland, Oregon, and Rhode Island – have enacted similar expungement laws following the passage of either marijuana decriminalization or legalization.

    Governor Brown also took action on several other marijuana-related bills. Specifically, he vetoed Senate Bill 1127, which permitted certain students to access medicinal cannabis products on school grounds, and Assembly Bill 1996, which authorized the University of California’s Center for Medicinal Cannabis Research to cultivate marijuana for clinical trial research. The Governor also vetoed Senate Bill 829, which prohibited cultivation taxes from being imposed on medicinal cannabis designated for donation to indigent patients, and signed into law Senate Bill 1294, which allocates grant funding to assist minority-owned businesses in the cannabis industry.

  • by Paul Armentano, NORML Deputy Director September 7, 2018

    Brooklyn District Attorney Eric Gonzalez at a press conference today announced his intent to vacate over ten thousand low-level marijuana convictions.

    Though state lawmakers decriminalized minor marijuana possession offenses in 1977, possessing small amounts of cannabis “in public view” remains a criminal misdemeanor. City police have made several hundred thousand arrests since the late 1990s for violation of the ‘public use’ statute – primarily due to aggressive ‘stop and frisk’ policing. Over 80 percent of those arrested were either Black or Latino.

    Under the DA’s newly announced initiative, those with low-level convictions will be eligible to have their criminal records vacated beginning September 21. Prosecutors estimate that the effort may ultimately result in the expungement of some 20,000 past convictions.

    Earlier this year, DA Gonzalez, along with Manhattan DA Cyrus R. Vance, Jr. declared that their offices would no longer prosecute low-level marijuana offenses. “It’s a little unfair to say we’re no longer prosecuting these cases, but to have these folks carry these convictions for the rest of their lives,” Gonzalez told The Associated Press .

    In recent months, District Attorneys in a number of metropolitan areas, such as San Francisco and Seattle, have begun the process of reviewing and vacating past, low-level marijuana convictions. Lawmakers in several states – including Delaware, Massachusetts, Maryland, Oregon, and Rhode Island – have enacted expungement laws following the passage of either marijuana decriminalization or legalization. In California, legislation providing for mandatory expungement of past marijuana convictions is awaiting the Governor’s signature. An estimated 220,000 cases would be eligible for erasure or a reduction under the proposed California law.

  • by Paul Armentano, NORML Deputy Director August 30, 2018

    Democrat Gov. John Carney signed legislation into law today vacating past marijuana convictions.

    Senate Bill 197, which took immediate effect, “provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware’s decriminalization of these offenses.”

    State lawmakers in 2015 enacted legislation reducing the possession of up to one ounce of cannabis from a criminal act to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.

    To be eligible for expungement under the new law, the defendant must have no other criminal convictions on their record.

    In recent years, lawmakers in several states – including Massachusetts, Maryland, Oregon, and Rhode Island – have enacted similar expungement laws following the passage of either marijuana decriminalization or legalization. In California, legislation providing for mandatory expungement of past marijuana convictions is awaiting the Governor’s signature. An estimated 220,000 cases would be eligible for erasure or a reduction under the proposed law.

    According to a nationwide poll released in June, 73 percent of Americans support the enactment of legislation “to automatically seal the records of individuals convicted of crimes related to the possession of marijuana.”

  • by Paul Armentano, NORML Deputy Director August 23, 2018

    Members of the California Assembly and Senate have approved legislation to facilitate the review and expungement of past marijuana convictions.

    Assembly members approved the bill, AB 1793, by a vote of 43 to 28, while members of the Senate passed the measure by a vote of 28 to 10. The legislation now awaits final action by Democrat Gov. Jerry Brown.

    If enacted, the measure “would require the Department of Justice, before July 1, 2019, to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to AUMA (the Adult Use Marijuana Act).” Prosecutors would have up to a year to then expunge the conviction.

    Regulators estimate that some 220,000 cases would be eligible for erasure or a reduction under the law.

    To date, district attorney offices in a number of California cities and counties, including San Francisco and San Diego, have voluntarily moved to review and expunge past cannabis convictions.

    Elected officials in Oregon and Massachusetts have enacted similar expungement laws following the enactment of adult use legalization.

    If you reside in California, you can encourage Gov. Brown to sign AB 1793 into law by clicking here.

  • by Paul Armentano, NORML Deputy Director July 11, 2018

    Democrat Gov. Gina Raimondo has signed legislation permitting those with past marijuana convictions to have their records expunged.

    House Bill 8355/S. 2447 allows those with past convictions for crimes involving the possession of less than one ounce of cannabis to petition the court to seek an order of expungement. It states, “[W]here the court has determined that all conditions of the original criminal sentence have been completed, … the court [will] order the expungement without cost to the petitioner.” The law took effect upon passage.

    State lawmakers decriminalzed minor marijuana possession offenses in 2013.

    “If an act has been decriminalized since a person was charged and paid their price for it, that person shouldn’t have to keep paying the price in the form of being denied jobs and other opportunities because of their criminal record,” bill sponsor Sen. Harold Metts said in a statement. “Let them move on, and they can better support themselves and their families and contribute to our communities and our state.”

    Delaware lawmakers passed similar legislation this month permitting the expungement of marijuana-related offenses that have since been decriminalized. That bill is awaiting action from the Governor. Maryland enacted a similar law in 2017.

    Both Massachusetts and Oregon have enacted legislation vacating the convictions of marijuana-related crimes that are now defined as legal under state law. In California, where voters elected to legalize the adult use of marijuana in 2016, District Attorneys in various cities and counties – including San Francisco and San Diego – are automatically reviewing and dismissing thousands of past marijuana-related convictions.

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