Proposition 64 greatly changed California laws regarding marijuana and concentrated cannabis ("hash" or "hashish"). (See Text of Proposition 64.) In addition to changing current law, it also permits many people previously convicted of these offenses to have their convictions reduced or dismissed, regardless of the age of the case. To be eligible for relief from past convictions, the offense must be a violation of Health & Safety Code sections 11357, 11358, 11359, or 11360. Even if you have been convicted of such an offense, that does not mean you will definitely get relief; it will depend on the facts on your case, the offense, and your criminal history. If you have a case from Fresno County that you believe may be eligible for relief under Proposition 64, you have at least three options:
- OPTION 1: If the Public Defender represented you in a case where you were convicted of an offense involving marijuana or concentrated cannabis, you may Apply Online to Clear My Record.
- OPTION 2: If the Public Defender represented you in a case where you were convicted of an offense involving marijuana or concentrated cannabis, you may telephone us and ask to speak to the Proposition 64 unit.
- OPTION 3: You can print the Proposition 64 Intake Form, fill, it out, and either mail it or hand-deliver it to the Public Defender Office.
- OPTION 4: You may fill out the Proposition 64 Request for Relief in order to file it with the court. You will need your exact case number and can search for it here. After you fill out the form, make at least three copies of it. You will need to have someone other than yourself leave a copy of the paperwork with the District Attorney and the Probation Department. You would then file the original with the court clerk in room 401 of the main courthouse. The court clerk will then file-stamp your copy to show that you filed the paperwork. Expect it to take at least a few months before the court grants, denies, or sets a hearing on your request.