Navigating the complexities of a criminal record can feel overwhelming, especially when past arrests create barriers to employment, housing, and professional licensing. In California, Penal Code 851.Still, 93 PC represents a landmark shift in how the justice system handles certain cannabis-related records. Plus, unlike traditional petition-based processes that place the burden on the individual, this statute mandates automatic review and sealing of eligible arrest and conviction records. Understanding how this "automatic relief" works is essential for anyone with a history of cannabis offenses in the Golden State.
What Is Penal Code 851.93 PC?
Enacted as part of the implementation of Proposition 64 (the Adult Use of Marijuana Act) and refined by subsequent legislation like Senate Bill 1406 and Assembly Bill 1793, PC 851.93 requires the California Department of Justice (DOJ) and the courts to proactively identify, review, and seal records for specific cannabis offenses that are no longer crimes or carry significantly reduced penalties under current law.
No fluff here — just what actually works Not complicated — just consistent..
The core philosophy behind this statute is simple: individuals should not suffer lifelong collateral consequences for conduct that the state has since legalized or decriminalized. In practice, this law covers two distinct categories of relief:
- Arrests not resulting in conviction: Records where charges were never filed, were dismissed, or resulted in an acquittal. Still, 2. Convictions: Records involving eligible cannabis offenses eligible for recall of sentence, dismissal, or redesignation.
While much public attention focuses on conviction relief, the arrest relief component under PC 851.93 is equally vital. An arrest record—even without a conviction—appears on background checks and can unjustly influence hiring decisions, rental applications, and immigration proceedings.
Eligibility Criteria for Automatic Arrest Sealing
Not every cannabis arrest qualifies for automatic sealing under this specific code section. That said, the statute targets offenses defined in the Health and Safety Code that were amended or repealed by Proposition 64. To be eligible for **automatic arrest relief per 851.
- Possession of Cannabis (HS 11357): Arrests for possession of concentrated cannabis or more than 28.5 grams of flower (amounts now legal for adults 21+).
- Possession for Sale (HS 11359): Arrests for possession with intent to sell, provided the amount and circumstances would now constitute a misdemeanor or infraction rather than a felony.
- Transportation/Sale (HS 11360): Arrests for transportation, sale, or giving away cannabis, provided the conduct would now be legal (e.g., gifting under 28.5 grams) or a lower-level offense.
- Cultivation (HS 11358): Arrests for cultivating more than six plants (for adults 21+) or cultivation by minors.
Crucially, the arrest must not have resulted in a conviction. This includes situations where:
- The District Attorney declined to file charges ("DA Reject").
- Charges were filed but subsequently dismissed (including via PC 1000 diversion or Prop 36).
- The defendant was acquitted at trial.
- The conviction was reversed on appeal and the case dismissed.
Mandatory Exclusions: Who Does Not Qualify?
The automatic relief mechanism contains strict "disqualifiers" designed to exclude individuals deemed high-risk by the legislature. * A Serious or Violent Felony as defined by PC 667.In practice, 5(c) or PC 1192. * A Sex Offense requiring registration under PC 290. 7(c). Practically speaking, Automatic sealing will not occur if the person has a current or past conviction for:
- A "Super Strike" offense (e. So g. Here's the thing — , murder, aggravated sexual assault of a child). * Certain Firearms offenses.
Additionally, if the arrest involved multiple offenses and *
