Clearing Past Marijuana Convictions by State (2026)
States with special laws to clear or seal past marijuana convictions.
| State | Past marijuana convictions |
|---|---|
| Alaska | Under court rule, a case is removed from the CourtView public website if the defendant was convicted of possessing less than one ounce of marijuana (under AS 11.71.060, an earlier version of that law, or a similar municipal ordinance), was 21 or older at the time, and was not convicted of any other charge in the same case. This limits public website access; it is not an expungement. Alaska Admin. Rule 40(a)(15) |
| Arizona | Since July 12, 2021, a person may petition to expunge records of an arrest, charge, conviction or sentence for conduct before the law took effect involving possession, use or transport of 2.5 ounces or less of marijuana (no more than 12.5 grams of concentrate), up to six plants at home for personal use, or marijuana paraphernalia. The prosecutor has 30 days to respond, and the court must grant the petition unless the prosecutor proves ineligibility by clear and convincing evidence. If granted, the conviction is vacated, civil rights including firearm rights are restored, the records are sealed, and the person may state that he or she was never arrested, charged or convicted. Prosecutors and the attorney general may also file on a person's behalf. A.R.S. § 36-2862 |
| California | Under Proposition 64, convictions before November 9, 2016 for marijuana possession, cultivation, possession for sale, or transport (Health and Safety Code §§ 11357-11360) may be redesignated as misdemeanors or infractions, or dismissed and sealed, and certain possession and transport records may be destroyed. Courts are required to clean up many of these records automatically without a petition. If the court has not done so, a person can file a Petition/Application (form CR-400) and Proof of Service (form CR-401). Cal. Health & Safety Code §§ 11357-11360, 11361.8; Judicial Council forms CR-400, CR-401 |
| Colorado | If a law change makes previously prohibited conduct legal, a person can file a motion in the conviction case to seal the record (JDF 2370 guide, JDF 2371 motion), with no fee and no background check required; the prosecutor may object only if it believes in good faith the conduct is still illegal. Underage alcohol and marijuana offenses have a separate sealing process, and a first underage conviction is sealed automatically after August 10, 2022. C.R.S. §§ 24-72-711, 18-13-122 |
| Connecticut | Convictions for cannabis possession under § 21a-279(c) from January 1, 2000 to before October 1, 2015 are erased automatically. A person convicted of possession of four ounces or less (from October 1, 2015 to July 1, 2021, or before 2000), of cannabis paraphernalia use before July 1, 2021, or of certain small-scale sale or manufacture offenses (four ounces or less, or six plants at home) before July 1, 2021 may petition the Superior Court for erasure, attaching the arrest record or a supporting affidavit. Conn. Gen. Stat. §§ 54-142u, 54-142v |
| Delaware | A conviction for possession of marijuana under 16 Del. C. § 4764 and/or possession of drug paraphernalia under § 4771 in the same case qualifies for mandatory expungement, even if the person has other convictions, and such convictions do not count against eligibility for expunging other cases. Mandatory cases are processed automatically by SBI beginning August 1, 2024. 11 Del. C. §§ 4373(a)(1)c., 4372(g), 4373A |
| District of Columbia | Records related only to simple possession of any quantity of marijuana before February 15, 2015 are to be expunged automatically, along with records for any offense later decriminalized or legalized, unless the prosecutor shows by clear and convincing evidence a lawful need to retain them. D.C. Code § 16-802 |
| Hawaii | On motion by a person convicted of possessing marijuana under § 712-1249, where the facts led to no other criminal charge and the amount was three grams or less, the court must grant an order expunging the conviction. Haw. Rev. Stat. § 706-622.5(5) |
| Illinois | Law enforcement was required to automatically expunge records of arrests, uncharged or dismissed cases, supervision and qualified probation for minor cannabis offenses committed before June 25, 2019, on a schedule ending January 1, 2025. For minor cannabis convictions without a penalty enhancement and not tied to a violent crime, the State Police identified the records for the Prisoner Review Board, which makes recommendations to the governor on pardons authorizing expungement. 20 ILCS 2630/5.2(i)(1)-(2) |
| Kentucky | Kentucky has no separate law clearing past marijuana convictions. For a conviction for possession of marijuana (or synthetic drugs or salvia), the court can set aside and void the conviction once treatment, probation or the sentence is satisfactorily completed. It then orders the records sealed, and the conviction does not count as a conviction for legal disqualifications. Possession convictions can also go through ordinary misdemeanor expungement. KRS 218A.276(8)–(9) |
| Louisiana | A first-offense misdemeanor conviction for possession of marijuana or THC can be the subject of an expungement motion 90 days after the conviction, instead of waiting the usual 5 years. A reduced fee cap of $300 for these expungements was set to expire August 1, 2026. La. C.Cr.P. arts. 977(D), 983(M) |
| Maine | Certain marijuana crimes committed before January 30, 2017 qualify for sealing even though they were Class D crimes: Class D marijuana cultivation under the former aggravated trafficking/furnishing/cultivation law, some aggravated marijuana cultivation offenses, and Class D possession of marijuana under the former possession law. The usual sealing requirements apply, including the 4-year wait. 15 M.R.S. § 2261(6)(B) |
| Maryland | A conviction for possession of cannabis can be expunged once the sentence (including probation) is completed, and it does not block expungement of other charges in the same case. Possession with intent to distribute cannabis can be expunged 3 years after the sentence is completed. Stand-alone cannabis possession charges issued before July 1, 2023 were subject to limited automatic expungement from the state criminal records system. On June 17, 2024, the Governor signed an executive order pardoning about 175,000 convictions for misdemeanor cannabis possession and related misdemeanor drug paraphernalia possession; the Judiciary was to mark each pardoned conviction on the electronic docket. Md. Code, Crim. Proc. §§ 10-105(a)(12), (c)(8), 10-110(c)(5); Office of the Governor press release (June 17, 2024) |
| Massachusetts | Massachusetts has no separate law aimed only at past marijuana records. A court may order expungement of a record for an offense that is no longer a crime when expungement is sought, unless the conduct is still a crime under another name. The court must find this by clear and convincing evidence and decide in the interests of justice. Records of offenses that are no longer crimes can also be sealed immediately under the general sealing law. M.G.L. c. 276, §§ 100K(a)(2), 100A |
| Michigan | Yes. A person convicted of misdemeanor marijuana possession, use or paraphernalia offenses may apply to set them aside at any time. The law presumes the conduct would not have been a crime after December 6, 2018. If the prosecutor does not file an answer within 60 days, the court must set the conviction aside within 21 days. If the prosecutor objects, the prosecutor must prove by a preponderance of the evidence that the conduct would still be a crime, and the court rules after a hearing. MCL 780.621e |
| Minnesota | Yes. The Bureau of Criminal Apprehension automatically expunges certain cannabis records without a petition. This covers convictions or stayed sentences for petty-misdemeanor and misdemeanor marijuana possession (Minn. Stat. § 152.027, subds. 3–4), drug-possession cases dismissed after a discharge, and certain cannabis charges that were dismissed or resolved in the person's favor. Records are sealed 60 days after the courts are notified. A Cannabis Expungement Board reviews felony cannabis convictions and decides whether they should be vacated and expunged, or resentenced to a lesser offense, because the conduct is no longer a crime or is a lesser offense after August 1, 2023. Minn. Stat. §§ 609A.055, 609A.06 |
| Missouri | Yes. The 2022 constitutional amendment legalizing adult-use marijuana required the circuit courts to order expungement of misdemeanor marijuana offenses within six months for people no longer incarcerated or under supervision. Within twelve months, they were to order expungement of felony marijuana offenses (and offenses that are no longer crimes) for people who had completed their sentences. This excludes distribution to a minor, violent offenses and driving under the influence of marijuana. More serious felony marijuana offenses are expunged when the person completes incarceration, probation or parole. People currently in prison or on supervision for eligible marijuana offenses may petition (or, for probation and parole, have the sentence automatically vacated) with no filing fee. Expunged offenses are treated as if they never occurred, and the person may deny the record on employment and license applications. Mo. Const. art. XIV, § 2.10(7)–(8) |
| Montana | Yes. People who completed a sentence for conduct that is now legal or carries a lesser penalty under Montana's 2020 marijuana law may petition the sentencing court to expunge the conviction or redesignate it as a misdemeanor or civil infraction. The court presumes the person qualifies unless the county attorney gives a reasonable basis otherwise, and no hearing is needed unless the person asks. People still serving such a sentence may petition for expungement or resentencing. This also applies to juvenile cases, and using it does not prevent a later one-time misdemeanor expungement. MCA § 16-12-113 |
| Nevada | Yes. By resolution, the State Board of Pardons Commissioners unconditionally pardoned everyone previously convicted in Nevada of possessing one ounce or less of marijuana, not for sale (including under NRS 453.336(4)); people may request pardon documents. Separately, anyone convicted of an offense that has since been decriminalized may make a free written request to the convicting court to seal the records. The court must grant it unless the prosecutor objects within 10 judicial days and shows good cause by clear and convincing evidence. Resolution of the State Board of Pardons Commissioners (marijuana pardons); NRS 179.271 |
| New Hampshire | Yes. Anyone arrested or convicted for possessing 3/4 of an ounce of marijuana or less, for an offense before September 16, 2017, may petition the court at any time to annul the arrest record, court record or both. The petition must state that the amount was 3/4 ounce or less and be sent to the prosecutor. If the prosecutor does not object within 10 days, the court must grant it; otherwise the court holds a hearing. RSA 651:5-b |
| New Jersey | Yes. The Marijuana Decriminalization Law, effective July 1, 2021, required certain marijuana and hashish cases to be expunged, and the courts expunged them without applications. This covers cases whose only offense was distributing less than 1 ounce of marijuana or less than 5 grams of hashish, or possessing marijuana or hashish, along with certain related offenses, attempts and conspiracies. People who think their case should have been included can file a motion for judicial review. Separate petition-based marijuana expungement also exists, and many marijuana convictions no longer count against eligibility for other expungements. N.J.S.A. 2C:52-6.1, 2C:52-5.1; New Jersey Courts, Expungement of Certain Marijuana or Hashish Cases |
| New Mexico | Yes. Under the Cannabis Regulation Act, arrest and conviction records for cannabis offenses that are no longer crimes, or that would have been lesser offenses, are subject to automatic expungement (NMSA § 29-3A-8). People whose records were missed can file a free Petition for Request for Automatic Expungement. NMSA 1978, § 29-3A-8; Eleventh Judicial District Court, Petition to Expunge (automatic) packet |
| New York | Certain past marijuana convictions are treated by law as cases that ended in the person's favor, so their records are sealed. This covers misdemeanor and violation convictions where marijuana was the only drug involved, convictions under former Penal Law sections 221.05 through 221.40, and some related offenses listed in the statute. N.Y. Crim. Proc. Law § 160.50(3)(k) |
| North Dakota | People convicted of misdemeanor possession of marijuana, ingestion of marijuana, or possession of marijuana paraphernalia who have no other criminal convictions in the past five years may submit a Summary Pardon Application to the Pardon Advisory Board. People with any felony conviction must use the regular pardon application. Separately, for a first conviction for possessing one ounce or less of marijuana (or two grams or less of THC), the court must seal the court record on motion if the person has no further drug-law conviction within two years. Once sealed, that record cannot be opened even by court order. N.D.C.C. § 19-03.1-23(9); ND DOCR Pardon Advisory Board |
| Oregon | Marijuana convictions for conduct before April 21, 2017 are evaluated for set-aside as if they were classified under current law. If the conduct is no longer a crime, it is treated as a Class C misdemeanor. A person who was under 21 at conviction can have a marijuana conviction set aside one year after judgment if they have no other convictions (other than motor vehicle violations) and have completed the sentence. On November 21, 2022, the Governor pardoned about 47,000 state convictions for possession of one ounce or less of marijuana in pre-2015 cases where that was the only charge, there was no victim, and the person was 21 or older. Those cases were sealed without any action by the person. ORS 137.226; Oregon Judicial Department Marijuana Pardons FAQ |
| Pennsylvania | Pennsylvania's one-time PA Marijuana Pardon Project is no longer accepting applications. People are directed to the regular Board of Pardons clemency process. The Board lists marijuana-related misdemeanor possession offenses among those that can qualify for expedited clemency review. If a pardon is granted, the record is expunged. PA Marijuana Pardon Project; PA Board of Pardons, Expedited Clemency Review |
| Rhode Island | Anyone with a prior civil violation or a misdemeanor or felony conviction for possession only of marijuana, where the offense has since been decriminalized, is entitled to automatic expungement. All eligible records were to be expunged before July 1, 2024. If the record does not state the amount, it is presumed to be two ounces or less. These expungements are granted regardless of other convictions (including crimes of violence), pending cases, or unpaid court debts, and related fines and costs are waived. A person may also request expedited expungement in writing, and § 12-1.3-2(g) allows a motion to expunge any decriminalized offense at no cost. R.I. Gen. Laws §§ 12-1.3-5, 12-1.3-2(g), 12-1.3-3(e) |
| South Carolina | The laws reviewed have no marijuana-specific clearing program. Marijuana possession falls under the general drug provisions. A first-offense conviction for simple possession of a controlled substance can be expunged three years after the sentence is completed if the person has no other convictions, and charges dismissed through a conditional discharge can also be expunged. A person cannot use the first-offense provision for simple marijuana possession if they had a conditional discharge in the five years before the arrest. S.C. Code Ann. §§ 22-5-930, 17-22-910(A)(2) |
| Tennessee | The laws reviewed have no marijuana-specific expunction program. Some marijuana offenses appear on the general list of eligible felonies. Examples are Class E manufacture, delivery, sale or possession of between one-half ounce and ten pounds of marijuana, and third-offense simple possession or casual exchange. These follow the regular five-year waiting period and other requirements. Tenn. Code Ann. § 40-32-107(a)(1)(C) |
| Utah | A person with a cannabis possession conviction who cannot get a BCI certificate of eligibility may still qualify for expungement by petition. They must show that at the time of the arrest they had a qualifying medical condition, and that the cannabis was in a medicinal form and amount (not more than 113 grams of unprocessed cannabis or 20 grams of total THC in a cannabis product). These petitions do not need a BCI certificate. Utah Code §§ 26-61a-102, 26-61a-104; Utah Courts Self-Help |
| Vermont | A person convicted of an offense whose underlying conduct is no longer a crime can petition for expungement. The court must grant the petition if the person has completed the sentence or supervision and paid any restitution and surcharges. This route can apply to cannabis conduct that is no longer a crime under Vermont law. Regulated-drug offenses, including cannabis offenses, also qualify for sealing as qualifying felonies. 13 V.S.A. §§ 7602(a)(1), (b), 7601(4)(B)(iii) |
| Virginia | All charges and convictions under former § 18.2-250.1 (marijuana possession) are sealed without a court order. The Central Criminal Records Exchange, the courts, law enforcement agencies and the DMV must identify and seal them, subject to certain federal DMV rules. Misdemeanor convictions under former § 18.2-248.1 are eligible for automatic sealing after seven years without a new reportable conviction. Va. Code §§ 19.2-392.6:1, 19.2-392.6 |
| Washington | Anyone convicted of a misdemeanor cannabis offense who was 21 or older at the time may ask the sentencing court to vacate it, and the court must grant the request if the person qualifies. This covers possession under RCW 69.50.4014 and earlier versions of that law, as well as equivalent city ordinances. There is a separate court form for it. Separately, the Governor's Marijuana Justice Initiative offered expedited pardons for people whose only conviction was a single adult misdemeanor marijuana possession prosecuted under state law between January 1, 1998 and December 5, 2012. Courts must also vacate certain drug-possession convictions once the person completes substance use treatment or certain diversion programs. RCW 9.96.060(5)-(6); Office of the Governor, Marijuana Justice Initiative |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.