December 11, 2025 by Anastasiia Ponomarova in Case Studies Criminal Defense Rights Special Report

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How to Clear Your Cannabis Record Under New Laws in California

Did you know that over 100,000 Californians still have cannabis-related convictions on their records, despite legalization?

The new laws in California 2025 are finally addressing this disconnect, creating pathways to clear cannabis convictions that continue to impact employment, housing, and other opportunities. Specifically, AB 2188 and SB 700 have transformed how past cannabis offenses are handled in the criminal justice system, offering hope to thousands who have been carrying the burden of these records for years.

For those affected, a cannabis conviction can mean denied job applications, rejected housing requests, and limited professional licensing opportunities. However, the process of clearing these records has historically been complicated and inaccessible to many. Fortunately, these legislative changes have simplified the expungement process significantly.

This guide breaks down exactly how to navigate the record clearance process under these new regulations. From determining your eligibility to filing the necessary paperwork and understanding what happens afterward, we'll walk you through each step to help you leave your cannabis conviction in the past where it belongs.

Understanding the New 2025 Cannabis Laws

California continues to lead the nation in progressive cannabis legislation. The state's lawmakers have implemented substantial changes that take effect in 2025, building upon previous reform efforts dating back to 2016 when recreational cannabis was first legalized in the state.

What AB 2188 and SB 700 changed

Assembly Bill 2188 and Senate Bill 700 represent major advancements in California's approach to cannabis regulation, particularly regarding employment rights and past convictions. These laws took effect on January 1, 2024 ^[1] and make significant changes to the Fair Employment and Housing Act (FEHA).

AB 2188 explicitly prohibits employers from:

Discriminating against employees for off-duty cannabis use
Taking adverse employment actions based on cannabis metabolite tests
Penalizing workers for legal cannabis consumption outside of work hours ^[2]

Moreover, the law requires employers to shift away from traditional drug tests that detect nonpsychoactive cannabis metabolites, which can remain in a person's system long after the effects have worn off. Instead, employers must use tests that detect active THC, which better indicates current impairment ^[3].

Complementing these protections, SB 700 prohibits employers from:

Requesting information from job applicants about prior cannabis use
Using criminal history information related to past cannabis use in hiring decisions
Discriminating based on previous cannabis consumption ^[4]

Essentially, these laws recognize that past cannabis use should not impact a person's current employment opportunities. Nevertheless, both laws maintain employers' rights to enforce drug-free workplaces and prohibit employees from being impaired at work ^[3].

Notably, certain exceptions exist for positions requiring federal background checks or security clearances, roles in the building and construction trades, and positions subject to federal drug testing requirements ^[2].

Why these laws matter for past cannabis convictions

These legislative changes are particularly meaningful for individuals with past cannabis convictions. Prior to these reforms, tens of thousands of Californians still had cannabis convictions on their records despite legalization, creating barriers to employment, housing, and other opportunities ^[5].

Although California voters legalized recreational cannabis in 2016 and passed a law in 2018 (AB 1793) to automatically clear past cannabis convictions, implementation was slow. A Times investigation revealed that at least 34,000 marijuana records had not been fully processed by the courts ^[5].

Consequently, California established new deadlines for clearing these convictions. Courts must update case records and transmit them to the state Department of Justice by March 1, and the DOJ must modify its records by July 1 ^[5].

Furthermore, the state is implementing public awareness campaigns so people know their records have been updated and they no longer need to disclose these convictions ^[5].

For qualifying convictions that occurred before November 9, 2016, individuals may be eligible for:

Redesignation as a misdemeanor or infraction
Dismissal and sealing of records
Destruction of certain arrest and conviction records ^[6]

The combined impact of these employment protections and record clearance processes addresses both the future and the past—preventing new discrimination while simultaneously clearing the slate for those with previous convictions. This comprehensive approach recognizes that California has "fallen short of [the] promise" of Proposition 64 until now ^[5].

Who Qualifies for Record Clearance

Understanding if you qualify for cannabis record clearance is crucial before beginning the process. With California's latest reforms, many individuals with past cannabis convictions now have pathways to clean records.

Eligibility based on conviction type

Not all cannabis convictions are automatically eligible for clearance. In general, convictions involving the following offenses may qualify:

Possession of marijuana or concentrated cannabis (H&S Code § 11357)
Cultivation of marijuana (H&S Code § 11358)
Possession with intent to sell marijuana (H&S Code § 11359)
Sales or transport of marijuana (H&S Code § 11360)

The new laws in California 2025 build upon previous legislation like Assembly Bill 1793, which established a statewide process for automatic review of marijuana-related convictions ^[7]. This historic legislation marked the first policy of its kind and scale in California's history ^[7].

According to official estimates, approximately 220,000 convictions are eligible for clearance across California ^[7]. Among these, about 113,000 people will have marijuana convictions reduced, dismissed, or sealed on their records ^[7]. Furthermore, roughly 42,000 people will have no felony convictions on their California records afterward ^[7], which significantly improves their prospects during background checks.

Timeframe and location requirements

For automatic consideration, your conviction must have occurred before November 9, 2016, which is when recreational cannabis was legalized in California ^[6]. All County District Attorney's Offices were required to complete their review of eligible cases by July 1, 2020 ^[8].

If your case wasn't automatically processed, you may still petition for relief. The deadlines for automatic processing have been extended several times due to implementation challenges. Under recent legislation, courts must update case records and transmit them to the state Department of Justice by March 1, with the DOJ required to modify its records by July 1 ^[5].

For eligible convictions that occurred in California, the process varies based on when and where your conviction took place:

If convicted in a county that uses the Clear My Record application (approximately half of California's counties), your case may be among the additional 55,000 marijuana convictions identified for reduction or dismissal ^[7]
For other counties, you may need to file a petition in the county where the conviction occurred

Exceptions and disqualifications

Certain factors may disqualify you from record clearance eligibility. These include:

Having a "super strike" conviction on your record ^[9]
Being required to register as a sex offender under PC290(c) ^[9]
Current involvement in pending criminal proceedings ^[9]

It's important to note that even if you have other criminal history, this alone doesn't automatically disqualify you from cannabis record clearance. As stated in the guidelines, "Prop. 64 does not disqualify a petitioner from resentencing or reclassification because of any particular prior criminal offense" ^[10].

Age at the time of offense also affects eligibility. If you were between 18-20 years old when charged, you may have a greater chance of record sealing ^[10]. For youth under 18, juvenile records for qualifying marijuana offenses should be destroyed and sealed two years from the date of conviction or when the youth turns 18 ^[10].

Determining eligibility can be complex due to these various factors. For this reason, legal experts often recommend having a lawyer review your specific case circumstances to assess your eligibility under the new laws in California 2025 ^[9].

Is Smoking Weed in Public Legal?

Step-by-Step: How to Clear Your Cannabis Record

Clearing your cannabis record involves a series of specific steps under California's new laws. Contrary to popular belief, the process isn't automatic for everyone – knowing how to navigate the system is essential for success.

Step 1: Get a copy of your criminal record

Begin by obtaining your complete criminal history record (RAP sheet). This document shows whether your marijuana-related conviction has already been automatically cleaned up under the new laws. Contact the California Department of Justice for a copy of your record or check directly with the court where your conviction occurred. Many courts offer online portals for record requests, though you may need to pay a small fee for certified copies.

Step 2: Identify eligible convictions

After reviewing your record, determine which convictions qualify for clearance. Eligible offenses typically include:

Possession under Health & Safety Code §11357
Cultivation under §11358
Possession for sale under §11359
Unlawful transport under §11360

Remember that only convictions from before November 9, 2016 qualify for automatic relief. Additionally, certain arrest and conviction records may be eligible for complete destruction rather than just sealing.

Step 3: File a petition for expungement

If your conviction hasn't been automatically expunged, you'll need to file a petition:

Complete the Petition/Application (Form CR-400)
Fill out the Proof of Service (Form CR-401)
Submit these documents to the Superior Court where your conviction occurred
Serve a copy of the petition on the prosecuting agency

The good news? There's no filing fee for cannabis-related expungement petitions in California.

Step 4: Attend your court hearing (if required)

Most straightforward petitions are processed without requiring your presence. However, for felony cases or those with complications, the court might schedule a hearing. Your attorney can often appear on your behalf if you provide permission. The complexity of your case determines processing time—ranging from days to months for the court to make a decision.

Step 5: Follow up and confirm record update

Once granted, the court updates its records within one to two weeks. The California Department of Justice typically updates their records within 30 days. For faster results, consider using an Expedited Criminal Record Update service, which can clear your expunged record from over 600 background check companies within 14 days rather than waiting months or years for companies to update on their own.

Throughout this process, staying organized with your paperwork and following up regularly will help ensure your cannabis record is properly cleared under the new laws in California 2025.

What to Do If You’re Denied

Even with the promising new laws in California 2025, not everyone will receive immediate approval for cannabis record clearance. Receiving a denial can be discouraging, yet there are established pathways to address this situation.

Common reasons for denial

Several factors may lead to rejection of your cannabis record clearance petition:

Incomplete documentation – Missing court records, identification papers, or improperly filled forms
Ineligibility issues – Convictions outside the qualifying timeframe or offense types
Outstanding legal matters – Unpaid fines, active warrants, or ongoing criminal proceedings
Technical errors – Incorrect filing jurisdiction or procedural mistakes
Discretionary factors – Judicial assessment of public safety concerns or prior criminal history

Each denial should include specific reasoning, which becomes crucial for your next steps.

How to appeal or reapply

Upon receiving a denial notice, you have several options:

File a formal appeal – Submit a Notice of Appeal within 60 days of the denial decision
Correct and resubmit – Address the specific issues mentioned in the denial and file a new petition
Request reconsideration – Some courts allow informal requests for the judge to reconsider without a formal appeal

For appeals, prepare a concise statement explaining why the decision should be reversed, citing relevant sections of the new laws in California 2025. Include any supporting documentation that addresses the reasons for denial.

Throughout this process, maintaining detailed records of all communications with the court is essential. Likewise, following up regularly on the status of your appeal can prevent unnecessary delays.

Seeking legal assistance

Given the complexity of cannabis record clearance appeals, professional legal help often makes a significant difference:

Public Defenders' Offices – Many counties offer free assistance for record clearance matters
Legal Aid Organizations – Groups like Legal Services for Prisoners with Children or the Last Prisoner Project specialize in cannabis-related legal issues
Law School Clinics – Several California law schools operate expungement clinics providing free or low-cost services
Bar Association Referrals – County bar associations can connect you with attorneys experienced in cannabis law

Admittedly, legal services can be costly. Yet many organizations offer sliding scale fees based on income. Additionally, certain advocacy groups provide pro bono representation specifically for cannabis record clearance cases under the new laws.

Consider attending free legal workshops focused on record clearance, which are regularly held in major California cities. These events provide valuable guidance while connecting you with potential legal representatives who understand the nuances of the new cannabis expungement provisions.

How This Affects Employment and Housing

Record clearance under the new laws in California 2025 creates life-changing opportunities beyond the courtroom. The benefits extend into critical areas of daily life that were previously restricted by cannabis convictions.

Impact on job applications

Cannabis record expungement fundamentally transforms job hunting. Previously, these convictions reduced employment opportunities by 50 to 70 percent ^[11]. Once expunged, your conviction:

No longer requires disclosure on job applications
Cannot legally be used against you when applying for employment ^[3]
Is protected under "ban the box" laws in at least 16 states ^[12]

Importantly, expungement means you can honestly answer "no" when asked about prior convictions on applications.

Changes in background checks

Following expungement, your cannabis conviction will not appear in standard criminal background checks ^[3]. This represents a major shift since background checks are ubiquitous across industries and positions ^[13]. Your record will be treated as if you were never convicted or arrested for the offense ^[3].

Benefits for housing and licensing

The impact extends beyond employment. With an expunged record, you gain:

First, easier access to housing since many landlords hesitate to rent to individuals with criminal records ^[14]. Second, eligibility for professional licenses that were previously denied ^[11]. Third, access to student loans and educational opportunities ^[3].

Throughout this process, remember that expungement effectively treats your record as if the conviction never happened, opening doors previously closed by cannabis offenses.

Conclusion

The new laws in California 2025 finally offer real hope to thousands of individuals burdened by past cannabis convictions. These legislative changes acknowledge a simple truth – past cannabis offenses should not continue to limit opportunities in a state where cannabis is now legal. Therefore, taking advantage of these expungement opportunities represents a crucial step toward rebuilding your life without the shadow of a conviction.

Additionally, the record clearance process has become significantly more accessible. Whether through automatic processing or individual petitions, pathways now exist for most pre-2016 cannabis convictions to be reduced, dismissed, or sealed entirely. This transformation effectively removes barriers that previously blocked access to employment, housing, and professional licenses.

Despite these positive changes, challenges remain for some individuals seeking record clearance. Nevertheless, resources exist to help navigate denials or complications. Public defenders, legal aid organizations, and advocacy groups stand ready to assist those facing obstacles in the process.

Most importantly, a cleared record means you can truthfully answer "no" when asked about convictions on applications. Background checks will no longer reveal these past offenses, fundamentally altering your prospects for jobs, housing, and education. The impact extends far beyond legal status – it restores dignity and opportunity.

Taking action now under these new laws provides a chance to finally leave cannabis convictions in the past. Your future career, housing situation, and personal opportunities should not be defined by offenses that would not even be crimes today. California has finally created a meaningful path forward – all that remains is for eligible individuals to walk it.

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Yuliya Kelmansky is an Expert Criminal Defense Attorney who has over 10 years of practice defending a variety of criminal cases.

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How to Clear Your Cannabis Record