Class Action Against State of California Over Inadequate Funding Preventing State-Mandated Marijuana Expungements

Following the legalization of recreational marijuana use and the passing of AB-1793, the state has mandated that county courts automatically expunge certain marijuana convictions without individuals having to file a motion using state-provided funding. The class action lawsuit filed by MLG alleges that the State’s court funding formula, which predisposes priority to wealthier, whiter counties, left the courts of Riverside and San Bernardino counties without the staff and infrastructure to handle even its normal responsibilities. Therefore, it floundered under the added caseload without the adequate funds to increase staff or upgrade equipment to carry out the mandate. This leaves Inland Empire residents who have been convicted or arrested for certain marijuana-related crimes (which are no longer criminal) with fewer opportunities for housing and employment.

Are you losing out on housing or employment opportunities due to a prior marijuana-related conviction or arrest in San Bernardino or Riverside County? Join the class action by filling out the form!

Statistics of Marijuana Expungements

This class action alleges that, years after passing of AB-1793, many Inland Empire residents are still waiting for their expungements due to inadequate funding for the county courts which flounder under the massive state-mandated expungement load. Comparatively, Santa Clarita and Los Angeles counties have been able to process 100 percent of their matters, as of early 2022. Meanwhile, San Bernardino and Riverside counties lack the underlying resources to deal with the mandate by quickly and efficiently processing these expungements.

Underfunding and understaffing have left court staff overwhelmed in the inland counties. This adds more problems answering a state mandate. The class action claims that while wealthier coastal court systems have had the resources to carry out the automatic expungements mandated by AB-1793, Inland Empire residents have not been offered the same timely expungement of those marijuana-related convictions and arrests, leaving them without the means to start fresh.

How Can I Get Started on a Marijuana Expungement Case?

Please contact our Racial & Economic Justice attorneys today for the most accurate guidance concerning your matter. You can typically expect the following when filing your case with MLG:

  • Fill out our form with your information
  • Set up your free consultation
  • Meet with our Financial Services team
  • Discuss your potential case
  • Discuss your next steps

If you are a San Bernardino or Riverside County resident awaiting an expungement for a marijuana-related arrest or conviction, contact us today by completing the form to join the class action!

Frequently Asked Questions:

What is a marijuana expungement?

A marijuana expungement is a legal process where an individual can have their prior marijuana-related convictions or arrests removed from their criminal record. This means that the individual’s criminal record will no longer show any prior convictions or arrests related to marijuana. This can have a significant impact on the individual’s ability to find employment, housing, and obtain loans or other forms of credit.

In California, generally, individuals who have been convicted or arrested for non-violent marijuana-related offenses that are no longer illegal are eligible. This may include possession, use, or distribution of marijuana. However, eligibility may also depend on the severity of the offense, the individual’s criminal history, and the length of time since the offense occurred.

The process for getting a marijuana expungement varies by state, but generally, the individual must file a petition or application with the court that handled their case. The individual may need to provide documentation of their conviction or arrest, as well as evidence that they have met the eligibility criteria for expungement. In some cases, a hearing may be required before a judge makes a decision on the expungement request.

Attorney Advertising

McCune Law Group, is responsible for this solicitation. The information provided on this website is for general information purposes only. The information you obtain is not, nor is it intended to be, legal advice. Use of this website or submission of the online form does not create an attorney-client relationship. 

Counsel Richard McCune is licensed to practice only in the state of California.  The law firm of McCune Law Group, has attorneys licensed to practice law in AZ, CA, IL, MO, NJ, NY and PA.  This information section is not intended to be a solicitation for services in states where it is forbidden for non-barred attorneys from advertising for services, and McCune Law Group, does not have attorneys barred in that state. McCune Law Group, is a national firm that brings lawsuits in a majority of the states. In states where one of its attorneys are not barred, it does so by filing the complaint along with local counsel barred in that state. 

The results discussed do not guarantee, warrant, or predict the results in future cases.