California State Sen. Dave Cortese, whose district includes much of San Jose's East Side, introduced legislation last week that would require the state Department of Justice to automatically identify and expunge all cannabis-related convictions from before Proposition 64 took effect in November 2016 — without requiring individuals to petition the courts themselves.
SB 412, titled the Cannabis Conviction Relief Act, would direct the DOJ to deliver expungement orders to superior courts in all 58 counties by January 1, 2028. The bill's backers estimate the order would affect roughly 200,000 records statewide, including more than 18,000 in Santa Clara County alone.
"You cannot tell people that cannabis is now a legitimate, taxed industry while the same conduct that is now legal is still following hundreds of thousands of Californians to every job interview and every rental application. It is a moral contradiction, and it has to end." — State Sen. Dave Cortese, 15th District
California has already allowed for cannabis conviction expungements under Prop 64 and subsequent legislation, but the petition-based system has been widely criticized as ineffective. Studies by the Lawyers' Committee for Civil Rights of the San Francisco Bay Area found that fewer than 10 percent of eligible individuals have filed for relief, due to legal complexity, filing fees, and lack of awareness.
What the Bill Would Cover
SB 412 would apply to all misdemeanor and felony cannabis convictions for conduct that is now legal under Prop 64 — including possession of up to 28.5 grams of flower, possession of up to 8 grams of concentrate, and cultivation of up to six plants. It would not apply to convictions involving sales to minors, driving under the influence of cannabis, or use in the presence of a minor.
For felony convictions involving amounts larger than those now legal — but where the individual had no accompanying charges for violence or weapons — the bill would require courts to reduce the conviction to a misdemeanor automatically, rather than full expungement.
Prosecutors in several counties, including Santa Clara County District Attorney Jeff Rosen's office, have already conducted proactive expungement reviews. But advocates say the process has been inconsistent and incomplete, with some counties clearing records far faster than others.
Who Would Benefit in San Jose?
Justice advocacy groups estimate that at least 12,000 San Jose residents carry cannabis convictions that would be eligible for expungement under SB 412. A disproportionate share are Latino and Black residents from the city's East Side and South Side — neighborhoods that saw more aggressive cannabis enforcement during the 1990s and 2000s.
The Sacred Heart Community Service, which has operated cannabis expungement clinics in partnership with the Santa Clara County Public Defender's Office, says its case workers routinely see clients denied jobs and apartments because of cannabis records that pre-date legalization.
"A conviction from 2003 for having a gram of weed should not cost someone a job in 2026. It costs our community enormously — in tax revenue, in workforce participation, in human dignity. SB 412 is the cleanup we should have done years ago." — Maria Luz Torres, Policy Director, Sacred Heart Community Service
What's Next for the Bill
SB 412 has been referred to the Senate Public Safety Committee, where it is expected to receive a hearing in late March. The bill has eight Assembly co-authors, suggesting strong support in the lower chamber if it passes the Senate. Gov. Gavin Newsom has not yet taken a public position on the bill but has previously expressed support for automatic cannabis relief in prior budget messages.
Opponents are expected to raise concerns about court system capacity, DOJ database accuracy, and the cost of implementing automatic review. The state's Legislative Analyst's Office is expected to release a fiscal impact estimate within the next 30 days.