Marijuana expungement reforms accelerated during 2020 with record relief now taking a more prominent role in the move toward legalization. In 2020, six states implemented marijuana relief laws on top of the seven states (include D.C.) in 2019 and four states in 2018, bringing the total with marijuana expungement laws to 23.
In November 2020, the House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement Act which creates a process for expunging convictions and sentencing review hearings related to federal marijuana charges. However, the Senate has not yet brought this to the floor for consideration so it must be reintroduced to the new Congress staff.
In recent years, discussions surrounding marijuana offenses have gained significant attention as public attitudes toward cannabis continue to evolve. Many states have begun to decriminalize or legalize marijuana, leading to debates about the fairness of past convictions and the social justice implications of such policies. Critics argue that harsh penalties for marijuana offenses disproportionately affect marginalized communities, perpetuating cycles of poverty and incarceration. As more jurisdictions embrace legalization, there is a growing call for reforming the criminal justice system to expunge records of those previously convicted of marijuana-related crimes, reflecting a shift towards more equitable treatment in the eyes of the law.
Two of the states that approved ballot measures for the expungement of marijuana offenses in 2020 were Arizona and Montana. Vermont passed a law that made expungement automatic for those who were charged with marijuana lawyer possession of two ounces or less. Michigan and Utah streamlined record relief processes while Virginia restricted access to marijuana-related records.
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Importance of a Marijuana Lawyer
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What is Marijuana Expungement?
Expungement refers to treating arrests, trials, and sentencing as if it never occurred. This means charges will not appear on criminal history or a background check and cannot be used against you to deny student loans, housing, or a job. Additionally, expungement ensures these records cannot be found by law enforcement and related convictions do not need to be listed on school or job applications that request the details of an arrest and conviction.
State-Level Legislation
The following describes these state-level changes in greater detail:
Arizona
Arizona passed legislation that requires courts to expunge charges, convictions, and arrests for certain types of marijuana possession, transportation, cultivation, and consumption offenses via a petition.
Michigan
The Michigan Government streamlined petitions for those with marijuana misdemeanors to seal or set aside records based on decriminalization limits. This law also provided the option for an appeal or rehearing when the sealing or set-aside of records is denied.
Montana
Montana passed marijuana legislation that offers a person serving a sentence, or one who has completed a sentence, to petition for a resentencing, expungement, or redesignation.
Utah
The Utah Government authorized the requirement of a certificate of eligibility to marijuana possession convictions for medicinal use and created eligibility periods.
Vermont
Vermont approved the automatic expungement of offenses related to marijuana possession of two ounces or less before January 1st, 2021. Expungement of those convicted must be complete no later than January 1st, 2021.
Virginia
Virginia decriminalized marijuana possession while restricting public access to marijuana-related offenses by educational institutions and potential employers. The law also prohibits local and state officials from requiring applicants for any registration, license, permit, or governmental service to disclose these charges.
New York
More recently, in 2021, New York has legalized recreational marijuana usage and is expunging former convictions. According to the law, New Yorkers can possess up to three ounces of cannabis under new legislation signed by the governor. It is estimated that sales of marijuana will not become legal for around 18-months as the regulations are being drawn up.
The law also establishes that New York will be automatically expunging the records of those with specific marijuana-related convictions. Also, law enforcement officials and administrators cannot arrest individuals for possession of marijuana up to three ounces, since possession of this amount is now legal in the state.
Marijuana expungement is one of the first steps toward the full legalization of recreational use. Those who have committed marijuana possession crimes, up to a specific amount, will no longer have these lingering records to prevent job placement, school acceptance, housing approvals, or other important aspects of life.
