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Expunging Marijuana Charges in CA

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kaos11

Junior Member
What is the name of your state? CA

I violated CA Health and Safety code 11357(b) which is possession of under 1oz marijuana in 4/16/02 . Under CA Health and Safety code 11361.5 and 11361.7 all records of this charge are to be destroyed after 2 yrs.

However when I asked the court clerk about this she said that only the physical folder which contains the papers will be destroyed. The electronic records in the computer will not be destroyed and will stay the same. She told me the only thing i can do is expungement.

Who is correct in this case?
 


CdwJava

Senior Member
kaos11 said:
However when I asked the court clerk about this she said that only the physical folder which contains the papers will be destroyed. The electronic records in the computer will not be destroyed and will stay the same. She told me the only thing i can do is expungement.

Who is correct in this case?
The clerk.

I know we don't automatically shred/delete ANYTHING - even 11357 reports. And I doubt that anyone else purges their electronic records without a push either.

- Carl
 

CdwJava

Senior Member
The process must be initiated by you ... H&S 11361.5(b) states (after listing the offenses which qualify):

Any person subject to an arrest or conviction for those offenses
may apply to the Department of Justice for destruction of records
pertaining to the arrest or conviction if two or more years have
elapsed since the date of the conviction, or since the date of the
arrest if not followed by a conviction.


YOU must apply for their destruction to the DOJ.

- Carl
 

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