GET TO KNOW AB 1706
Californians Will Finally Have Their Cannabis Records Sealed!
On September 18th, 2022,
Governor Gavin Newsom signed into law Assembly Bill 1706, which resolves unacceptable implementation delays in California’s cannabis record sealing law. Last Prisoner Project (LPP) partnered with Assemblymember Mia Bonta to champion this legislation, which works to ensure Californians entitled to the sealing of their cannabis criminal records finally receive relief.
Good news! If you have a cannabis record that is eligible for record clearance you don't need to do anything! The bill charged California's Department of Justice with clearing your cannabis record from the state’s criminal history database by July 2023.
LPP’s policy team will be monitoring the implementation of Assembly Bill 1706 to ensure that California makes good on its promise to help individuals criminalized by cannabis prohibition move on with their lives. If you have any questions about the implementation of this new law and how it might impact you please contact us.
WATCH OUR WEBINAR
Learn more about AB 1706 from our webinar featuring LPP's Senior Policy Associate Frank Stiefel, Assemblymember Bonta, District Attorney Becton and the Human Rights Institute at San José State University.
AB 1706 Implementation Progress
Frequently Asked Questions
What types of records are eligible for automatic record clearance?
The following offenses are eligible for automatic dismissal/sealing for individuals. This only applies to individuals who were 21 or older at the time of offense:
- Simple possession of less than 28 grams of cannabis or less than 8 grams of concentrated cannabis;
- Home cultivation of less than 7 cannabis plants;
- Transporting less than 7 cannabis plants for sale;
- Transporting less than 28.5 grams of cannabis or less than four grams of concentrated cannabis for sale; or
- Gifting less than 28 grams of cannabis or less than 8 grams of concentrated cannabis
Will an individual with an eligible cannabis record still get that record sealed, even if they have a more serious record in their criminal history?
Yes, but only the eligible record will be sealed. This legislation only allows for cannabis-related convictions to be sealed—serious violent crimes are not eligible for sealing, and those
ineligible record will remain in an individuals' criminal history.
Do individuals have to petition the court to have their record sealed?
No, this is an automatic process, meaning it is initiated by the state. No action by the record holder is necessary. The courts are already supposed to have all relevant information they need related to these cases—it’s just a matter of them processing the sealing of these cannabis-related records.
What is the timeline for these convictions to finally be sealed?
All eligible cases must be sealed by the courts by March 1, 2023. By July 1, 2023, the Department of Justice must ensure that its criminal history database is updated with all of the cannabis-related convictions that have been sealed.
How do individuals become aware that their cannabis-related convictions have been sealed?
The California Department of Justice will conduct a public awareness campaign informing impacted individuals that their criminal histories have been sealed.
LEARN MORE
BLOGS
IN THE NEWS
Cannabis advocates, experts say California legalization efforts fall to local leaders next
New bill takes aim at California’s slow progress clearing pot convictions
After Times investigation, law passed to force California to clear pot convictions faster
Assemblymember Bonta Introduces AB 1706 to Bring Overdue Relief to Californians with Cannabis Records
California was supposed to clear cannabis convictions. Tens of thousands are still languishing.
