Possibly thousands of people with convictions in Sonoma County for marijuana-related crimes could have their criminal records cleared or reduced, an opportunity created when voters passed Proposition 64 in 2016 legalizing recreational cannabis among adults 21 and older.
District attorneys in San Francisco and San Diego have taken the rare step of initiating a comprehensive look into old cases and filing petitions on behalf of people convicted of acts that today are considered lesser crimes or no longer crimes at all.
However, that’s unlikely to happen in Sonoma County unless state lawmakers pass a bill that would make such reviews mandatory statewide. Sonoma County District Attorney Jill Ravitch said her 50-attorney department doesn’t have the resources to dedicate staff time to evaluating old cases, but it does try to help people who initiate petitions on their own.
“I’m doing what I can to make the process more streamlined, but I simply don’t have the resources,” Ravitch said.
Assemblyman Rob Bonta, D-Alameda, proposed legislation Jan. 9 that would require courts to automatically expunge records or reduce sentences for prior cannabis convictions. It’s unclear how much that would cost.
In the meantime, the two-page petition, which carries no fees, is designed to be easy for a person to complete without a lawyer. A person with a misdemeanor conviction can petition the court to have the case dismissed, and then request their record be expunged. A new 2018 state law allows the court to seal the records of dismissed cases.
Some cases, especially those involving felony crimes, require additional review in which a lawyer could benefit the petitioner.
Public Defender Kathleen Pozzi said her attorneys will help anyone wanting to get a marijuana-related conviction dismissed or reduced, regardless of income, at no cost. For pending cases, her office reviews prior convictions and initiates a reclassification to misdemeanors — most often for those falling under 2014’s Proposition 47 reductions for certain drug possession felonies.
“To reduce it or get it dismissed could make the difference between employment and no employment,” Pozzi said. “Today, they aren’t crimes. If they’re not crimes today, why should it remain on their record?”
Proposition 64 made it legal for adults in California to have, sell, travel with, grow and consume marijuana in certain small quantities — acts that once led to the arrest and incarceration of thousands of people. Nearly 500,000 people were arrested for marijuana offenses between 2006 and 2015 in the state, according to the Drug Policy Alliance.
On Jan. 31, San Francisco District Attorney George Gascón announced his staff would review up to 4,940 felony marijuana convictions — dating back to 1975 — and dismiss and seal 3,038 misdemeanors sentenced prior to the initiative’s passage.
“While this relief is already available pursuant to Proposition 64 for anyone with a conviction, it requires that they know it is available and to retain an attorney to file the expungement paperwork,” Gascón said in a statement when he announced his plan.
Gascón cited a San Francisco city analysis showing that a sharp increase in marijuana arrests between 1999 and 2000 was accompanied by a jump in the already disproportionate arrest rate among African-Americans.