Marijuana pardons and marijuana records

The federal pardons and state marijuana relief.

Marijuana laws changed fast, and so did the rules for old marijuana records. There are two separate systems. Federal pardons cover only federal and District of Columbia offenses. State marijuana relief covers state court records and differs from state to state. This guide lists the official facts about the federal pardons and shows which of our state guides describe a state marijuana rule.

The federal marijuana pardons

  • On October 6, 2022 and December 22, 2023, President Biden pardoned many people for simple possession of marijuana under federal and D.C. law. These pardons do not cover state convictions.
  • You committed, were charged with, or were convicted of simple possession, attempted simple possession, or use of marijuana on or before December 22, 2023. You are covered even if you were never charged.
  • The offense was under federal law (21 U.S.C. 844 or 846), the D.C. Code (48-904.01(d)(1) or 48-904.09), or federal regulations that ban only simple possession or use of marijuana on federal land or property.
  • You were a U.S. citizen or lawfully present in the United States at the time of the offense.
  • You were a U.S. citizen or lawful permanent resident on December 22, 2023.
  • State marijuana convictions. Possession with intent to distribute. Driving under the influence of marijuana. Offenses involving other drugs. People who were not lawfully present in the United States at the time of the offense.
  • For a state marijuana record, see your state's page on this site. Your state may have its own relief.

Law: Proclamation 10467, 87 FR 61441 (Oct. 12, 2022); Proclamation 10688, 88 FR 90083 (Dec. 28, 2023)

Federal records

  • The laws on this site are state laws. They do not apply to a conviction in a federal court. Federal law has no general way to expunge or seal a federal conviction.

Law: 18 U.S.C. 3607; 28 CFR 1.1-1.11

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State marijuana relief

Of our 50 published state guides, 30 describe a state rule for marijuana or cannabis records (Alaska, Arizona, California, Colorado, Connecticut, Delaware and more). The table after this guide shows each rule in short; the state page has the full rule and the law.

Compare all states in marijuana record clearing by state.

If you are not a US citizen

  • If you are not a U.S. citizen, a state expungement or dismissal under a rehabilitation law may not remove a conviction for federal immigration purposes. Talk to an immigration lawyer or accredited representative before you rely on it.

Law: 8 U.S.C. 1101(a)(48)(A); Matter of Roldan-Santoyo, 22 I&N Dec. 512 (BIA 1999); Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)

State or federal: how to tell

Your court papers show which court handled your case. A federal case is in a United States District Court and has a federal case number. A state case is in a state court, such as a county, municipal, district, circuit or superior court of the state. Most cases are state cases. If you are not sure, the clerk of the court on your papers can tell you, and a legal aid office can help.

Before you apply or file

  • Check which court handled your marijuana case: federal and D.C. cases follow the federal pardons; other cases follow your state's law.
  • Get a copy of your record so you know the exact charge and date.
  • Read your state page: some states clear marijuana records on their own, others need a petition.
  • Ask a legal aid office if you are not a US citizen before you apply for anything.

This is general information, not legal advice. Whether a record can be cleared depends on the whole record and the state's law; the court decides. A legal aid office can check your case for free, and each state page lists free help.

State marijuana relief

StateMarijuana records
If you were convicted only of possessing less than one ounce of marijuana and were 21 or older, the court system leaves that case off its public CourtView website.
You can petition to expunge records of possessing up to 2.5 ounces of marijuana, up to six plants at home, or paraphernalia, for conduct before November 30, 2020.
Under Proposition 64 (2016) you can ask the court to dismiss, reduce or seal many marijuana convictions from before November 9, 2016.
The Governor pardoned state convictions for possessing 2 ounces or less of marijuana by executive order (C 2020 004 for 1 ounce or less; C 2021 019 for 2 ounces or less, December 30, 2021) under HB 20-1424; you do not need to apply, and CBI has a form to check if your conviction was missed.
Convictions for cannabis possession under 21a-279(c) from January 1, 2000 to September 30, 2015 were erased automatically starting January 1, 2023.
Convictions for possession of marijuana or drug paraphernalia qualify for mandatory expungement through SBI, and are included in monthly automatic expungement, even if you have other convictions.
Records related only to simple possession of any amount of marijuana before February 15, 2015, and records of offenses that have been decriminalized or legalized, must be automatically expunged by October 1, 2027, unless the prosecutor proves a lawful need to keep them.
A conviction for possessing 3 grams or less of marijuana, with no other charge from the same incident, must be expunged by the court on your motion.
Illinois automatically expunged police records of minor cannabis arrests (not more than 60 grams) made before June 25, 2019 that did not lead to charges or ended in dismissal, and the Governor issued pardons authorizing expungement for eligible minor cannabis convictions.
After a conviction for marijuana possession, the court may set aside and void the conviction once you satisfactorily complete treatment, probation or your sentence; the court then seals all records, and you need not disclose it on job, credit or other applications.
You can file to expunge a first-offense misdemeanor conviction for possession of marijuana or THC 90 days after the conviction, and the total cost is capped at $300 (La. C.Cr.P. arts.
Convictions for certain Class D marijuana crimes committed before January 30, 2017 count as eligible convictions and can be sealed by motion 4 years after the sentence is completed.
A conviction for cannabis possession can be expunged by petition as soon as the sentence is complete; possession with intent to distribute cannabis needs 3 years after the sentence (Criminal Procedure §§ 10-105(a)(12), (c)(8); 10-110(c)(5); form CC-DC-CR-072D).
A judge must, within 30 days of your petition, order expungement of records for possession or cultivation of amounts of marijuana that are now legal or decriminalized (2 ounces or less; 10 ounces or less in your home; up to 6 plants for personal use / 12 on the premises), including intent to distribute or distribution based on those amounts (G.L. c.
If you were convicted of a misdemeanor marijuana offense (use, possession or paraphernalia) for conduct that would be legal after December 6, 2018, you may apply with form MC 227a.
Non-felony cannabis possession convictions and dismissed or acquitted cannabis charges are expunged automatically by the BCA without a petition.
Under Amendment 3, courts had to automatically expunge records of misdemeanor marijuana offenses within 6 months, and of most completed felony marijuana offenses (and offenses no longer crimes) within 12 months, after it took effect in December 2022 — excluding sale to a minor, violent offenses and driving under the influence.
Under the 2021 Montana Marijuana Regulation and Taxation Act you can petition the sentencing court to expunge, resentence or redesignate a marijuana conviction for conduct that is now legal or less serious.
On June 16, 2020 the State Board of Pardons Commissioners unconditionally pardoned everyone convicted in Nevada of possessing one ounce or less of marijuana not for sale; you can ask the Board for a pardon document, and pardoned records are sealed.
The 2021 Marijuana Decriminalization Law required expungement of cases involving only certain marijuana/hashish offenses, and the courts expunged them by Supreme Court order on July 1, 2021.
Cannabis-only arrest and conviction records for conduct legalized or reduced by the 2021 Cannabis Regulation Act are expunged automatically after 2 years.
Under the Marihuana Regulation and Taxation Act (2021), many old marijuana convictions are vacated, dismissed and expunged automatically and treated as never having happened.
A first conviction for possessing one ounce or less of marijuana (or two grams or less of THC) must be sealed by the court on your motion if you have no new drug conviction within 2 years; once sealed, the court record cannot be opened even by court order.
Since March 20, 2026, people with pre-March 20, 2026 convictions, guilty pleas or dismissed charges for minor-misdemeanor marijuana possession (under 100 grams), or for small hashish possession (including felony-level hashish possession of up to 15 grams), can apply to the sentencing court to have the records expunged (destroyed).
Convictions for possessing less than one ounce of marijuana (or other now-legal conduct) committed before July 1, 2015 can be set aside at any time after the sentence is finished, with no fee, no fingerprints and no background check; the prosecutor can object only if the conviction does not qualify.
Prior civil violations and misdemeanor or felony convictions for possession only of marijuana that has since been decriminalized are expunged automatically, regardless of other convictions, pending cases or unpaid fines (which are waived); all eligible records were to be expunged before July 1, 2024, and the Chief Justice may offer an expedited procedure on written request.
If you had a qualifying medical condition at the time of a cannabis possession arrest or citation, and the cannabis was in a form and amount to treat that condition, you can petition to expunge the conviction without a BCI certificate of eligibility.
Convictions for conduct that is no longer a crime, such as possession of small amounts of cannabis, can be expunged with no waiting period.
Every charge or conviction for possession of marijuana under former Va. Code § 18.2-250.1 (criminal or civil) is sealed without a court order by the State Police, courts, police and DMV.
If you were 21 or older at the time, the sentencing court must vacate a misdemeanor cannabis possession conviction on request, with no waiting period.