Can people expect to have their criminal records changed?

The purpose and intent of this section of the initiative indicates that it seeks to “authorize courts to re-sentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the act, so long as the person does not pose a risk to public safety, and to re-designate or dismiss such offenses from the criminal records of persons who have completed their sentences as set forth in this act.”

Health and Safety Code Section 11361.8(a) states that “[a] person currently serving a sentence for a conviction, whether by trial or by open or negotiated plea, who would not have been guilty of an offense, or who would have been guilty of a lesser offense under the Control, Regulate and Tax Adult Use of Marijuana Act had that act been in effect at the time of the offense may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in his or her case to request re-sentencing or dismissal in accordance with Business and Professions Code Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 as those sections have been amended or added by that act.”