† As used here, legalization means certain acts are lawful; decriminalization means certain acts may be punishable by fines but not incarceration (i.e. as infractions, petty offenses, civil offenses, etc). In all states, certain acts remain punishable by incarceration: see NORML’s digest of marijuana penalties. Medical marijuana laws are not covered here.
*Does not include general record relief or pardon authorities that may cover marijuana among other offenses.
For more details on a state’s expungement or pardon laws, click the state abbreviation.
| State | Marijuana legalization or decriminalization† (31 states, D.C., 1 territory) | Expungement or sealing laws specific to marijuana, decriminalized, or legalized offenses* (24 states & D.C.) | Pardon programs specific to marijuana* (7 states, Federal and D.C.) |
|---|---|---|---|
| AK | Legalization (2014) Alaska Stat. §§ 17.38.20-17.38.70. | ||
| AL | |||
| AR | |||
| AZ | Legalization. Proposition 207 (2020). | A ballot initiative legalizing adult possession of 1.5 ounces of marijuana, and making possession of 2.5 ounces a petty offense, directed courts, upon petition, to expunge arrests, charges, and convictions for possession, consumption, transportation and cultivation of 2.5 ounces or less of marijuana. Proposition 207 (2020), adding Ariz. Rev. Stat. § 36-2862. | |
| CA | Legalization (2016). Cal. Health & Safety Code §§ 11357-11362.9. | Prop. 64 (2016) legalized marijuana and authorized individuals who had completed a sentence for a wide range of marijuana offenses (both felony and misdemeanor) to petition the court to either have the conviction dismissed and sealed, resentenced, and/or redesignated, depending on the offense. Cal. Health & Safety Code § 11361.8(e). Relief is mandatory, and no hearing is required. §11361.8(f), (g). Prop. 64 supplemented a statute enacted in 1976 by which records of arrest and conviction for possession or transportation of small amounts of marijuana, either adult or juvenile, “shall not be kept beyond two years from the date of the conviction or from the date of the arrest if there was no conviction . .. “ Cal. Health & Safety Code §11361.5(a). Prop. 64 broadened this authority to apply to most marijuana offenses by individuals under age 18, and clarified that records must be “purged from the statewide criminal databases.” Id. |
AB 1793 (2018) replaced the requirement of individualized filings with an authority for automatic relief applicable to all eligible marijuana convictions. Cal. Health & Safety Code § 11361.9. By July 1, 2019, the Department of Justice was to identify eligible cases for possible resentencing, redesignation, or dismissal and sealing, and notify the prosecution of all eligible cases in its jurisdiction. By July 1, 2020, the prosecution was to determine and notify the court and public defender whether it will challenge any case on the basis of eligibility or that the person presents “an unreasonable risk to public safety.” The public defender must make “a reasonable effort” to notify the person whose potential relief is being challenged. If the prosecution does not challenge a case, the court automatically provides relief.
Minor in possession offenses may be sealed automatically for first offenses, and by petition after a one-year waiting period for second or subsequent offenses. See § 18-13-122(13). Also, see the Pardon section above for marijuana-related pardoning.
On Oct 1, 2020, Gov. Polis pardoned all individuals convicted of possession of one ounce or less of marijuana in Colorado.
In addition, courts must, upon petition, order destruction of convictions and other criminal records in cases where the charges resulting in conviction have been decriminalized. Conn. Gen. Stat. § 54-142d; See also State v. Spielberg, 323 Conn. 756, 762–63, 150 A.3d 1118, 1121 (2016) (holding that, unlike the general rules of erasure set forth in § 54-142a, § 54–142d authorizes complete erasure in cases where the conviction was for conduct that has been decriminalized, even if charges dismissed in the case involved conduct that remains criminal, since § 54-142d contains no exception analogous to § 54-142a(g)).
Non-conviction records: The State Police and other law enforcement agencies are directed to “automatically expunge” the record of arrests one year after the date of the arrest, if no charges were filed or were filed and subsequently vacated, or if the person was acquitted. If the police are unable to determine disposition, they must expunge the arrest. See Timeline established for automatic expungement: post 2013 arrests to be expunged by 1/1/2021, those between 2000 and 2013 by 1/1/23, and those prior to 2000 by 1/1/2025. See Ill. Comp. Stat. Ann. 2630/5.2(i)(1).
Minor conviction records: A tiered procedure is established whereby “minor cannabis offenses” are subject to an automatic expungement (through a pardon authorizing expungement) administered through the Prisoner Review Board, while those convicted of more serious marijuana offenses (misdemeanor and Class 4 felony) must file a petition seeking expungement from the court.
For convictions in the first category, the State Police must notify the Prisoner Review Board of convictions not associated with violence, the PRB in turn notifies the relevant State’s Attorney who may object on eligibility grounds only, and the PRB makes a confidential recommendation to the governor. When the governor has granted a pardon authorizing expungement, the PRB files with the court asking for expungement of the record. The court is responsible for notifying the individual at his or her last known address. See Ill. Comp. Stat. Ann. 2630/5.2(i)(2).
The Maryland Judiciary Case Search is prohibited from referring to the existence of a District Court criminal case in which possession of marijuana is the only charge in the case and the charge was disposed of before October 1, 2014. § 10-111.
As expanded under the legalization bill, a provision limits public access to records in the central repository of misdemeanor marijuana convictions for possession and possession with intent to distribute, and employers and others are prohibited from inquiring about them. 2021 Virginia Laws Ch. 550 (S.B. 1406), amending Va. Code Ann. § 19.2-389.3. These central repository provisions were fully effective July 1, 2021.