As cannabis laws continue to evolve, so does the criminal justice system. Federal offenses for possession have steadily been on the decline, dropping from 2,172 in 2014 to just 145 in 2021. By the beginning of 2022, no offenders remained in the Federal Bureau of Prisons’ custody solely for simple marijuana possession. (Plenty of people are still incarcerated in state prisons for simple possession, though.)
Since legalization has taken place, many states have created pathways for people with marijuana convictions to clear their records. After all, possession of the plant is now legal, under certain conditions. Considering criminal records can significantly impact important life necessities such as housing, work, and education, these programs provide relief for those negatively impacted by the war on drugs.
If you have a criminal cannabis conviction and live in a now-legal state, you may be eligible for expungement. Here’s what you should know:
What Does It Mean to Expunge a Cannabis Record?
Expungement is a legal process that erases or completely removes a criminal conviction. The conviction gets destroyed or sealed from either state or federal records, requiring the courts to treat the conviction as if it never took place.
The American Bar Association makes a clear distinction between expungement and a pardon. Expungements must be ordered by a judge or court, whereas pardons can be granted by various public officials. Unlike expungement, receiving a pardon does not mean that your criminal record will be cleared.
Expungements primarily take place in state courts and rarely ever occur on a federal level. This state-by-state process means that, like cannabis laws themselves, the rules vary based on the individual state.
While an expungement order will clear a criminal record, it doesn’t necessarily mean all records of the offense will disappear. Documentation of cannabis criminal offenses may still be found in the press or on the internet. While your official record may be wiped clean of any offenses, there are still ways that evidence of a past conviction can be found.
In most cases with expunged records, you can legally say you were not convicted of the crime if questioned. This could include applications for housing, loans, or employment. Law enforcement personnel, the Federal Bureau of Investigation, and other agencies may still access your sealed information, though.
How Do I Know if I’m Eligible for Expungement?
Because expungement processes vary by state, we can’t make sweeping statements about your eligibility. You’ll have to look into your specific state’s rules regarding expunging cannabis records.
However, there are some general guidelines to help you determine eligibility. Here are some considerations:
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Misdemeanor vs. felony charges: Misdemeanor convictions are more likely to be eligible for expungement. For example, in Washington state, all misdemeanor cannabis charges are eligible for expungement if you were at least 21 at the time of conviction. But expunging felony convictions comes with more requirements.
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The nature of the crime: Non-violent cannabis offenses are generally fair game in states that offer expungement. However, if the conviction included acts of violence or distributing cannabis to a minor, you may be ineligible for expungement.
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No other pending charges: You’ll generally need to be clear of other pending criminal charges to qualify for expungement. In Maryland, for example, you cannot pursue expungement if you are currently a defendant in a pending criminal action.
Several other factors can determine eligibility, including time since conviction, whether you completed your full sentence, and more.
The following list includes all states with some form of expungement, according to the National Organization for the Reform of Marijuana Laws (NORML):
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Arizona
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California
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Colorado
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Connecticut
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Delaware
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District of Columbia
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Hawaii
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Illinois
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Louisiana
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Maine
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Maryland
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Massachusetts
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Michigan
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Minnesota
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Missouri
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New Hampshire
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New Jersey
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New Mexico
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Nevada
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New York
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North Dakota
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Oregon
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Rhode Island
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US Virgin Islands
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Vermont
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Virginia
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Washington
READ: Cannabis Medical Letter for Parole: What It Is and Who Needs It (2025 Guide)
Automatic Expungements
If you have a prior cannabis conviction and live in a state with legal recreational cannabis, you may have already received an automatic expungement. Many states have begun to clear records automatically for those with minor, non-violent convictions.
According (NORML), the following states offer automatic expungement for certain cases:
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California
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District of Columbia
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Illinois
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Massachusetts
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Minnesota
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Missouri
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New Jersey
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New Mexico
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New York
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Rhode Island
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Vermont
Social Equity Expungement Programs
In an attempt to right the wrongs of the war on drugs, many states have implemented social equity programs. These programs are aimed at communities that have been disproportionately impacted by cannabis prohibition, primarily communities of color. Social equity programs are meant to create more equitable pathways into the cannabis industry.
Social equity programs also vary by city and state. Some programs offer resources for people looking to get their cannabis records expunged, as the process can be confusing and overwhelming. If you qualify for a social equity program, you may be eligible for expungement assistance if you’re interested in starting a cannabis business.
Eligibility varies, but most programs require applicants to live in predetermined “areas of disproportionate impact” – or geographic regions with historically high cannabis arrest rates. Prior cannabis convictions (for individuals or immediate family members) are also common requirements.
Final Thoughts On Cannabis Expungements
We wish that there were a magic wand we could wave to erase all the non-violent minor cannabis offenses faced by so many people in this country, but for now, expungement programs are a good start.
If you have a prior cannabis conviction and live in a state with a cannabis record expungement program, you may be eligible to wipe your record clean. Check out your state’s requirements to see if you qualify and learn the next steps.
Unfortunately, these processes aren’t always quick and easy. If you need assistance, look into legal aid services in your state. You may even find groups through social equity programs or other organizations that can guide you through the petition process, if needed.
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