How to Get a Marijuana Conviction Expunged — State by State
Why Marijuana Expungement Matters
A marijuana conviction on your record can follow you for years — blocking job opportunities, housing applications, college admissions, and even professional licenses. But across the United States, the legal landscape around marijuana is shifting fast. Many states have not only legalized cannabis but also created pathways to clear old marijuana convictions from people’s records.
Record expungement means a court order that seals or erases a criminal conviction so it no longer appears on most background checks. For millions of Americans with low-level marijuana charges, expungement can be a life-changing form of relief.
This guide breaks down how marijuana expungement works, who qualifies, and what the process looks like in each state — in plain, simple language.
What Is Record Expungement?
Expungement is a legal process that removes or seals a conviction from your public criminal record. Once a record is expunged, you can often legally say you were never convicted of that offense. In some states, the record is destroyed entirely. In others, it is sealed so that only certain government agencies can see it.
Expungement is different from a pardon. A pardon forgives the crime but leaves it on your record. Expungement actually clears it.
There are two main ways expungement happens with marijuana convictions:
- Petition-based expungement: You have to apply to the court and go through a legal process to get your record cleared.
- Automatic expungement: The state does it for you without requiring you to file paperwork.
Automatic expungement is far more effective because many eligible people never petition for relief simply because they do not know they qualify or cannot afford an attorney.
Who Typically Qualifies for Marijuana Expungement?
Eligibility varies by state, but in general, you may qualify for marijuana expungement if:
- Your conviction was for simple possession of a small amount of marijuana
- You have completed your sentence, including probation and parole
- A certain waiting period has passed since your conviction
- You have no other disqualifying convictions on your record
- The offense would no longer be a crime under current state law
Charges involving large-scale distribution, trafficking, or violence are generally not eligible for expungement, even in states with broad marijuana laws.
State-by-State Marijuana Expungement Guide
Below is a breakdown of how marijuana expungement works in each state. Keep in mind that laws change frequently, so it is always a good idea to check with a local attorney or legal aid organization for the most current information.
Alaska
Alaska legalized recreational marijuana in 2014. The state does not have an automatic expungement process for marijuana convictions. Residents may petition for expungement, but eligibility is limited and the process can be complicated. Legal advocates have pushed for broader automatic relief, but as of now, most people need to petition the court manually.
Arizona
Arizona passed Proposition 207 in 2020, which legalized recreational marijuana and created a process for expungement. Individuals can petition to have marijuana possession convictions expunged if the offense involved 2.5 ounces or less. The process requires filing a petition with the court. Arizona does not offer automatic expungement.
California
California has one of the most active marijuana expungement programs in the country. Under Proposition 64, passed in 2016, many marijuana convictions were made eligible for expungement, reduction, or reclassification. The state began a process of automatic review and expungement for many prior convictions. Counties like San Francisco, Los Angeles, and Sacramento have also launched their own initiatives to automatically clear records using data analysis tools. Convictions for possession, cultivation, and sales of marijuana may be eligible depending on the amount and circumstances.
Colorado
Colorado legalized marijuana in 2012, but meaningful expungement laws took longer to develop. In 2023, Colorado passed legislation allowing automatic expungement of certain marijuana convictions. Eligible offenses include possession of two ounces or less. The state’s courts began automatically reviewing and sealing qualifying records. People with older convictions that don’t qualify for automatic relief can still petition the court.
Connecticut
Connecticut legalized recreational cannabis in 2021 and included a strong automatic expungement provision. The law created a process to automatically erase cannabis-related convictions for possession of small amounts. No application is needed for many qualifying individuals. The state’s Office of Policy and Management oversees the process.
Delaware
Delaware does not yet have an automatic marijuana expungement program. However, the state does allow petitions for expungement for certain low-level marijuana offenses. Eligible individuals must wait a set period after completing their sentence before applying. Delaware legalized recreational marijuana in 2023, and advocates are pushing for expanded expungement provisions.
Florida
Florida has not legalized recreational marijuana as of this writing and does not have a marijuana-specific expungement program. The state has general expungement and sealing laws, but they are strict and require meeting several conditions. Marijuana convictions are difficult to expunge in Florida, especially if the person has any prior criminal record.
Georgia
Georgia has limited marijuana expungement options. While Georgia passed some criminal justice reform legislation, marijuana remains largely criminalized in the state. There is no marijuana-specific expungement law. Individuals may be eligible for general record restriction, but the process is narrow and not widely available for marijuana convictions.
Hawaii
Hawaii decriminalized marijuana and passed legislation allowing for automatic expungement of certain low-level marijuana offenses. The state focuses primarily on simple possession charges. Individuals convicted of possession of three grams or less may qualify for automatic expungement without having to file any paperwork.
Illinois
Illinois has one of the strongest marijuana expungement programs in the nation. When the state legalized recreational cannabis in 2020, it included an automatic expungement process for marijuana convictions involving 30 grams or less. Convictions involving 30 to 500 grams can be reviewed for a governor’s pardon and then expunged. The Illinois Prisoner Review Board and the governor’s office have worked through thousands of cases. People do not need to take action for low-level convictions — the process happens automatically.
Indiana
Indiana has not legalized marijuana and has no marijuana-specific expungement law. The state has general expungement laws that cover some misdemeanor offenses, but marijuana convictions are among the harder offenses to clear. Individuals must wait several years after completing their sentence and meet strict criteria to petition for expungement.
Iowa
Iowa has limited expungement options and does not have a marijuana-specific program. General expungement is available for some offenses, but marijuana convictions often do not qualify unless they are minor. Iowa has not legalized recreational marijuana.
Kansas
Kansas has some expungement options for marijuana convictions, though the process requires petitioning the court. Waiting periods apply depending on the offense level. Kansas has not legalized recreational cannabis, so the expungement laws are not as broad as in states that have.
Kentucky
Kentucky passed expungement reform legislation that allows some marijuana-related misdemeanor convictions to be expunged. Felony marijuana charges are harder to expunge. The state has not legalized recreational marijuana. Individuals must petition the court and meet waiting period requirements.
Louisiana
Louisiana has expanded its expungement laws in recent years. Certain marijuana possession convictions may be expunged after a waiting period. The process is petition-based. Louisiana does not have recreational marijuana legalization, but lawmakers have discussed expanding expungement relief.
Maine
Maine legalized recreational marijuana in 2016 but took several years to pass expungement provisions. The state allows people to petition to have eligible marijuana convictions set aside. Maine does not have a fully automatic expungement process, so individuals must file paperwork with the court.
Maryland
Maryland legalized recreational marijuana in 2023 and included an automatic expungement provision. Convictions for simple possession of marijuana are being automatically expunged. People do not need to file paperwork for eligible low-level offenses. The Maryland courts system is processing cases as part of the rollout.
Massachusetts
Massachusetts legalized recreational marijuana in 2016. The state allows expungement of marijuana convictions for offenses that are no longer crimes under state law. The process requires a petition. Massachusetts also has a sealing process that can hide records from public background checks. Advocates have pushed for more robust automatic expungement.
Michigan
Michigan legalized recreational marijuana in 2018 and later passed legislation allowing for automatic expungement of certain marijuana convictions. The law allows for expungement of convictions for offenses involving amounts that are now legal. Michigan also has a broader “clean slate” law that automatically seals some criminal records over time, which includes marijuana offenses.
Minnesota
Minnesota legalized recreational cannabis in 2023 and passed one of the most comprehensive automatic expungement laws in the country. The law automatically expunges many marijuana possession and low-level sales convictions. No action is required by most individuals. The state is working through a large backlog of eligible cases.
Mississippi
Mississippi has limited marijuana expungement options. Medical marijuana was legalized, but recreational use remains illegal. Some first-time possession offenders may be eligible for expungement under a diversion program if they complete treatment or probation. The process is petition-based and not widely accessible.
Missouri
Missouri legalized recreational marijuana in 2022 through Amendment 3, which also included expungement provisions. The amendment directed courts to automatically expunge marijuana possession convictions. Prosecutors were also given the opportunity to review and dismiss pending marijuana charges. Missouri’s expungement effort is ongoing and covers a wide range of marijuana convictions.
Montana
Montana legalized recreational marijuana in 2020. The state allows individuals to petition for expungement of marijuana convictions for offenses that are now legal under state law. Montana does not have a fully automatic process, so petitions are required.
Nebraska
Nebraska has very limited expungement options. The state has not legalized recreational marijuana. Nebraska does not have marijuana-specific expungement laws, and general expungement is restricted. Individuals with marijuana convictions have few options for clearing their records.
Nevada
Nevada legalized recreational marijuana in 2016. The state allows petitions to have certain marijuana convictions sealed. Nevada also passed legislation in 2019 making it easier to seal marijuana records. The sealing process requires filing with the court, but waiting periods are shorter than for many other offense types.
New Hampshire
New Hampshire has decriminalized small amounts of marijuana but has not legalized it for recreational use. The state has general annulment laws that can apply to some marijuana convictions. The process is petition-based and requires meeting a waiting period. New Hampshire has not passed marijuana-specific expungement legislation.
New Jersey
New Jersey legalized recreational marijuana in 2021 and included a broad automatic expungement provision. The law created a process for automatically clearing marijuana possession convictions without requiring individuals to file paperwork. New Jersey also expanded eligibility to include some distribution charges. The state’s courts are working through a large number of eligible cases.
New Mexico
New Mexico legalized recreational cannabis in 2021 and included provisions for automatic expungement of marijuana possession convictions. No petition is required for most qualifying individuals. New Mexico’s law is considered one of the more progressive in the country when it comes to clearing old records.
New York
New York legalized recreational marijuana in 2021 with the Marijuana Regulation and Taxation Act, which included an automatic expungement provision. The law directed the courts to automatically seal and expunge many marijuana convictions, including possession and some lower-level sales offenses. New York’s automatic expungement process covers a significant number of prior convictions.
North Carolina
North Carolina has not legalized recreational marijuana. The state has general expungement laws, and some first-time marijuana possession convictions may be expunged after a waiting period. The process is petition-based, and the eligibility criteria are relatively narrow.
North Dakota
North Dakota has not legalized recreational marijuana and does not have a marijuana-specific expungement law. The state has general expungement laws for some misdemeanor offenses, but marijuana cases are evaluated individually. Petitions must be filed with the court.
Ohio
Ohio legalized recreational marijuana in 2023 through Issue 2, which also included expungement provisions. The law allows for the expungement of convictions for marijuana offenses that are now legal under state law. Ohio is still developing the implementation process, and individuals may need to petition the court in many cases.
Oklahoma
Oklahoma has medical marijuana but has not passed recreational cannabis legalization. The state passed State Question 781, which directed savings from marijuana decriminalization toward drug treatment programs, and general expungement laws do apply to some marijuana convictions. Individuals may petition for expungement of minor marijuana offenses after meeting waiting period requirements.
Oregon
Oregon legalized recreational marijuana in 2014 and later passed laws allowing for the expungement of marijuana convictions that are no longer illegal. Oregon has both a petition process and has moved toward automatic expungement for certain offenses. Some marijuana convictions can be set aside if they involved amounts that are now legal.
Pennsylvania
Pennsylvania has not legalized recreational marijuana, but it has expanded expungement options in recent years. Some minor marijuana possession convictions can be expunged after a waiting period. The state passed Act 56 of 2016, which made it easier to expunge summary offense convictions, including some marijuana charges. A petition is required.
Rhode Island
Rhode Island legalized recreational cannabis in 2022 and included automatic expungement provisions for prior marijuana possession convictions. The law directs courts to automatically clear eligible records. Rhode Island is considered one of the more progressive states for cannabis record relief.
South Carolina
South Carolina has not legalized recreational or medical marijuana in a broad sense and has very limited expungement options. Some first-time offenders who complete a diversion program may be eligible to have their records expunged, but general marijuana convictions are difficult to clear in this state.
South Dakota
South Dakota does not have recreational marijuana and has limited expungement options. General petition-based expungement is available for some offenses, but marijuana-specific relief is not established. Eligibility criteria are strict.
Tennessee
Tennessee has not legalized marijuana and has limited expungement options. Some misdemeanor marijuana convictions may be eligible for expungement after a waiting period and if the individual meets other criteria. A petition is required, and eligibility is narrow.
Texas
Texas has not legalized recreational marijuana. However, Texas does have expunction and non-disclosure laws that can apply to some marijuana offenses. First-time low-level possession offenders who complete deferred adjudication may be eligible for non-disclosure of their records. Full expunction is available in limited circumstances. The process requires petitioning the court.
Utah
Utah has medical marijuana but not recreational cannabis. The state has general expungement laws that cover some marijuana convictions. Individuals must petition the court and meet waiting period requirements. Utah’s expungement process is not marijuana-specific.
Vermont
Vermont legalized recreational marijuana in 2020. The state allows for the expungement of prior marijuana possession convictions through a petition process. Vermont has also worked toward broader record-clearing initiatives. The state does not yet have a fully automatic expungement system for marijuana offenses.
Virginia
Virginia legalized recreational marijuana in 2021 and included provisions for automatic expungement of simple possession convictions. The law took effect in 2021, and the state began processing eligible records automatically. Virginia’s automatic expungement provision is considered one of the faster implementations in the country.
Washington
Washington was one of the first states to legalize recreational marijuana in 2012. In 2019, the state passed the New Hope Act, which significantly expanded eligibility for vacating marijuana convictions. In 2021, Washington passed legislation for automatic vacation of marijuana possession convictions under 40 grams. The courts began processing these cases without requiring individuals to file petitions.
West Virginia
West Virginia has medical marijuana but not recreational cannabis. The state has limited expungement options and no marijuana-specific expungement law. General expungement may apply to some first-time misdemeanor marijuana convictions, but eligibility is narrow and requires petitioning the court.
Wisconsin
Wisconsin has not legalized marijuana and has limited expungement options. The state’s expungement law requires that eligibility be determined at the time of sentencing, which makes it harder for people to go back and clear old records. Marijuana-specific expungement is not available.
Wyoming
Wyoming has not legalized marijuana and has very limited expungement options. There is no marijuana-specific expungement program. General expungement may apply in limited cases, but marijuana convictions are difficult to clear in this state.
How to Start the Expungement Process
If you are ready to explore clearing your marijuana record, here are some practical steps to get started:
- Get a copy of your criminal record. You can usually request this from your state’s department of justice, court system, or law enforcement agency. Knowing exactly what is on your record is the first step.
- Find out if your state has automatic expungement. If your state automatically clears eligible records, you may not need to do anything. Check with your state court system or attorney general’s office to find out if your record has already been cleared.
- Contact a legal aid organization. Many nonprofit legal aid groups offer free or low-cost help with expungement. Organizations like the Lawyers’ Committee for Civil Rights, the ACLU, and local public defenders’ offices often run expungement clinics.
- Consult a criminal defense attorney. If your case is complex, a licensed attorney can review your record and advise you on your best options.
- File your petition if required. If your state requires a petition, you will need to submit paperwork to the court, pay any required fees, and possibly attend a hearing. Some states allow fee waivers for people with low income.
- Follow up and confirm. After your expungement is granted, make sure it is reflected in all relevant databases, including state and federal background check systems.
Common Questions About Marijuana Expungement
Will expungement clear my federal record?
State expungement typically only affects your state record, not any federal record. Marijuana remains a Schedule I controlled substance under federal law. If you were convicted under federal law, state expungement will not help. Federal expungement is rarely available and requires separate legal action.
Can I expunge a marijuana conviction if I have other charges on my record?
It depends on the state and the nature of the other charges. Some states will deny expungement if you have a history of serious offenses. Others evaluate each conviction separately. An attorney can help you understand how your full record may affect eligibility.
Does expungement restore all my rights?
Expungement can restore many rights, such as the ability to say you were not convicted on most applications. However, some rights — like the right to own a firearm — may still be restricted depending on your other history and federal law. Expungement does not automatically restore all civil rights in every state.
How long does the process take?
Automatic expungement can happen within months of a law passing, though many states are still working through large backlogs. For petition-based expungement, the timeline depends on the court’s workload. It can take anywhere from a few months to over a year from filing to receiving a final order.
Is there a cost involved?
Court filing fees vary by state and can range from nothing to several hundred dollars. Some states have reduced or eliminated fees for marijuana expungement. Legal aid organizations can help eligible individuals navigate the process for free.
The Broader Impact of Marijuana Expungement
Record expungement is not just a legal issue — it is a matter of fairness and opportunity. Studies have consistently shown that marijuana enforcement has fallen disproportionately on Black and Latino communities, even though marijuana use rates are similar across racial groups. Clearing these records is a step toward correcting that imbalance.
When people can clear their records, they are more likely to find stable employment, secure housing, and pursue education. Research has shown that expungement significantly increases a person’s earnings and improves long-term outcomes for families and communities.
As more states legalize marijuana and recognize the harm done by decades of aggressive enforcement, the push for broader and more automatic expungement programs will likely continue to grow.
Resources to Help You Take Action
If you or someone you know wants to explore marijuana expungement, the following types of resources can help:
- Local legal aid organizations — Many offer free expungement help and clinics
- State court websites — Often have forms, guides, and information on eligibility
- The Reentry Council and similar organizations focused on criminal justice reform
- NORML (National Organization for the Reform of Marijuana Laws) — Tracks state expungement laws and provides state-specific guides
- The Marijuana Policy Project — Advocates for cannabis law reform and provides resources on expungement by state
- Local public defender offices — Can advise on expungement even for people who are not currently facing charges
Clearing a marijuana conviction from your record is possible in many states, and the legal landscape is improving every year. Taking the time to understand your rights and explore your options could open doors that have been closed for far too long.
