More than 40,000 Americans remain incarcerated for cannabis offenses that are now legal in many states. Millions more carry convictions that limit their opportunities. Here is how to understand and navigate the expungement process.
Affected Americans
40,000+ incarcerated
States with Auto-Expungement
18+ states
Typical Process Time
30–180 days
Laws change frequently. This table reflects the general framework as of 2024. Always verify current law with your state's DOJ or a licensed attorney before taking action.
| State | Type | Status | Key Details |
|---|---|---|---|
| California | Automatic + Petition | Active | DOJ automatically reviews and clears eligible convictions. Petition available for cases not automatically cleared. Covers possession, cultivation, and sales under certain thresholds. |
| Illinois | Automatic | Active | Governor granted mass pardons. Automatic expungement for convictions of 30g or less. Prosecutor review required for larger amounts. One of the most comprehensive programs nationally. |
| New York | Automatic | Active | MRTA automatically expunges prior misdemeanor and violation-level cannabis convictions. No petition required. Records sealed and destroyed. |
| New Jersey | Automatic | Active | Automatic expungement for convictions that would not be crimes under current law. AG directed to review all eligible cases. |
| Colorado | Petition-Based | Active | Petition required. Eligible for convictions that would be legal under current law. Fee waivers available for low-income applicants. |
| Washington | Petition-Based | Active | Vacating eligible convictions requires petition to the court. State provides free legal assistance through the Marijuana Justice Project. |
| Michigan | Automatic + Petition | Active | Automatic expungement for misdemeanor possession. Petition available for other eligible offenses. State AG reviews cases. |
| Oregon | Automatic | Active | Automatic expungement for convictions that are no longer crimes. Oregon courts proactively identify and clear eligible records. |
| Massachusetts | Petition-Based | Active | Petition to the court required. Sealing available for many cannabis convictions. Expungement available in limited circumstances. |
| Virginia | Automatic | Active | Automatic expungement for simple possession convictions. Broader relief available through petition for other eligible offenses. |
| Maryland | Automatic | Active | Automatic expungement for possession convictions. State courts proactively process eligible records without requiring action from individuals. |
| Connecticut | Automatic | Active | Automatic erasure (not just sealing) of eligible cannabis convictions. One of the strongest expungement laws in the country. |
Table covers legal cannabis states only. Many decriminalized states also have expungement provisions. Check your state's specific laws.