Under Proposition 64, If you were convicted of cultivation of less than 6 plants or less when you were at least 21, your case will be fully expunged from your record. However, if you were under 21 years old at the time then the case will instead be reduced to an infraction only.

If you were convicted of cultivation of more than 6 marijuana plants then there is a different result. If you were under 18, then the case can be reduced to an infraction. If you are 18 or older, then the case can be reduced down to a misdemeanor only.

Please note that if you were convicted of growing more than 6 plants, and you are 18 or older, there are certain situations which will bar you from reducing the case to a misdemeanor (but rather make the offense a “wobbler”).

These include:

• If you were convicted of Penal Code 667(e)(2)(C)(iv)
• An offense requiring registration under 290(c)
• If you have two or more priors for growing more than 6 plants when over 18
• If the offense resulted in a violation of illegal diversion of water under Water Code 1052
• Discharge of waste under Water Code 13260 13264, 13272, or 13387
• A waters violation under Fish and Game Code 5650 or 5652
• A rivers/stream/lake violation under Fish and Game Code 1602
• A hazardous substance violation under Penal Code 374.8
•  A hazardous waste violation under Health and Safety Code 25189.5, 25189.6 or 25189.7
• An endangered or threatened species violation under Fish and Game Code 2080
•   Amigratory bird violation under Fish and Game Code 3513, or
• If your offense intentionally or with gross negligence caused substantial environmental harm to public lands or other public resources.

If you were convicted of possession of less than one ounce (28.5 grams) of marijuana or less than four grams of concentrate (oil, hash, or rosin), your case will be either expunged or reduced depending on several factors. If you were over 21 at the time that your offense was committed, you will be able to expunge the case from your record entirely. This used to be a $100 ticket for an infraction (many years ago it was treated more harshly). However, if you were under 21, then it will be reducible to an infraction instead.

Note that if the offense was committed on school property, there is a different result. If you possessed less than 28.5 grams of marijuana or not more than 4 grams of concentrate and are 18 or older, your offense is only reducible to a misdemeanor. If you are under 18, then your offense is reducible to an infraction.
If you were under the age of 18 and were convicted of possession of more than 28.5 grams of marijuana or more than 4 grams of concentrate, then your case is reducible to an infraction. If you are 18 years of age or older and possess this quantity, then your offense is only reducible to a misdemeanor.

If you were under the age of 18 and possessed marijuana for sale, then your case can be reduced to an infraction.

If you are 18 or older there is a different result. In this case, your offense is reducible to a misdemeanor only. Note that if you were convicted of possession for sale while 18 or older there are certain situations which bar you from reducing the case to a misdemeanor but rather will make the offense a wobbler felony.

These include:

• If you were convicted of Penal Code 667(e)(2)(C)(iv)
• An offense requiring registration under 290(c)
• If you have two or more priors for sale under 11359 when over 18, or
• If the offense occurred in connection with the knowing or attempted sale to a person under 18 years old.

Additionally, if you are older than 21 the factors also include if the offense involved knowingly hiring, employing or using a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, giving away, preparing for sale, or peddling any marijuana.