A marijuana conviction that remains on a person’s record can affect employment, housing, professional licensing and other opportunities years after the offense occurred, even when the same conduct is now legal.
As marijuana laws have changed, a growing number of states have adopted processes allowing certain marijuana arrests and convictions to be expunged, sealed, vacated or otherwise removed from public view. Some states automatically clear eligible records, while others require the person to file a petition with the court.
Other states have no marijuana-specific process but allow some marijuana convictions to be cleared under their general criminal-record laws. In a handful of states, clearing an adult marijuana conviction remains extremely limited.
This guide breaks down marijuana expungement laws in all 50 states and Washington, D.C., as of September 2026.
For broader possession, cultivation, sales and medical marijuana rules, see The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 14, 2026.
What Does Marijuana Expungement Mean?
“Expungement” does not mean exactly the same thing in every state.
Some states actually destroy or erase eligible records. Others seal them from public view while allowing courts or law enforcement agencies to retain access. A state may instead vacate a conviction, set it aside, dismiss the underlying charge or restrict who can see the record.
For simplicity, this guide uses “record clearing” to cover all of those forms of relief.
A pardon is different. A pardon generally forgives an offense but does not necessarily erase or seal the criminal record. Several governors have issued large-scale marijuana pardons, but those pardons should not automatically be treated as expungements.
Marijuana Expungement Laws by State
| State | Record-Clearing Status | How It Generally Works |
|---|---|---|
| Alabama | No specific marijuana process | Some nonviolent misdemeanor convictions may qualify for expungement under Alabama’s general record-clearing law. Eligibility depends on the offense and criminal history. |
| Alaska | Limited | Alaska does not have a broad process for expunging adult convictions. However, certain marijuana possession conviction records are restricted from public disclosure. |
| Arizona | Yes | People may petition to expunge eligible marijuana records involving conduct before legalization, including possession or transportation of up to 2.5 ounces, up to 12.5 grams of concentrate, cultivation of up to six plants and certain paraphernalia offenses. |
| Arkansas | General relief | Arkansas has no marijuana-specific expungement program, but some marijuana convictions may qualify under the state’s broader record-sealing laws. |
| California | Yes, including automatic relief | California has one of the broadest marijuana record-clearing systems. Eligible misdemeanor and felony marijuana convictions may be dismissed, sealed, reduced or redesignated, and the state has established automatic review and clearing procedures for many qualifying cases. |
| Colorado | Yes, including automatic relief | Marijuana possession and other eligible drug convictions may qualify for automatic sealing under Colorado’s Clean Slate system. Petition-based relief is also available for certain marijuana misdemeanors and felonies. |
| Connecticut | Yes, including automatic relief | Certain marijuana possession convictions are subject to automatic erasure or sealing. Other convictions involving conduct that has been decriminalized may qualify through a petition. |
| Delaware | Yes | Low-level marijuana possession convictions may qualify for mandatory or automatic expungement under Delaware’s record-clearing system, depending on the case. |
| District of Columbia | Yes, including automatic relief | D.C. law provides automatic expungement for qualifying records involving offenses that were subsequently legalized or decriminalized, including certain marijuana possession cases. Eligible older records are scheduled to be automatically expunged by October 1, 2027. Other records may qualify for sealing through separate procedures. |
| Florida | Generally no | Florida has no broad statutory process for expunging an adult conviction. Some non-conviction and withheld-adjudication records may be eligible, but an actual marijuana conviction generally cannot be expunged under existing law. |
| Georgia | General relief | Georgia does not have a marijuana-specific law. Certain misdemeanor and pardoned felony records may qualify for restriction or other relief under general state law. |
| Hawaii | Yes, limited | A person may seek expungement of a conviction for possession of three grams or less of marijuana when the marijuana offense was the only charge in the case. |
| Idaho | General relief | Idaho has no marijuana-specific expungement law. Some convictions may qualify for relief under general state provisions, depending on the offense and circumstances. |
| Illinois | Yes, including automatic relief | Illinois provides automatic clearing procedures for many “minor cannabis offenses,” generally involving no more than 30 grams and no violence or enhancements. Some more serious misdemeanor and Class 4 felony marijuana convictions can be cleared through a court petition. |
| Indiana | General relief | Indiana has no marijuana-specific process, but its general expungement law allows many misdemeanor and felony convictions to be sealed after applicable waiting periods. |
| Iowa | General relief | Iowa does not have a marijuana-specific expungement law. Relief for convictions is comparatively limited, although some misdemeanor records may qualify under general law. |
| Kansas | General relief | Kansas has no marijuana-specific record-clearing system, but many misdemeanor and some felony convictions can qualify for expungement after required waiting periods. |
| Kentucky | General relief | Kentucky does not provide a marijuana-specific process. Certain misdemeanor and felony convictions can be expunged under the state’s general eligibility rules. |
| Louisiana | Yes | A person convicted of first-offense marijuana possession may seek expungement as soon as 90 days after the conviction. Other marijuana cases may qualify under Louisiana’s broader misdemeanor or felony expungement laws. |
| Maine | Yes, limited | Maine allows people to petition to seal certain marijuana-related convictions for offenses committed before January 30, 2017. Eligible cases include specified Class D possession and cultivation offenses. Generally, at least four years must have passed since completion of the sentence, along with other eligibility requirements. Maine technically seals rather than expunges these records. |
| Maryland | Yes, including limited automatic relief | Marijuana possession convictions may be expunged after completion of the sentence, while possession with intent to distribute can qualify after a waiting period. Certain older possession-only records were also automatically cleared from Maryland’s Criminal Justice Information System, although that limited automatic process did not itself destroy the corresponding court record. |
| Massachusetts | Yes | Eligible marijuana possession, cultivation and distribution records involving amounts that have since been decriminalized can be expunged by petition. State law directs courts to expunge qualifying marijuana records within 30 days after a valid petition is filed. Massachusetts has also issued broad pardons for certain past misdemeanor marijuana possession convictions, although a pardon and expungement are legally distinct. |
| Michigan | Yes | Michigan has a streamlined petition process for misdemeanor marijuana convictions involving conduct that would no longer be criminal. The law creates a presumption favoring relief for eligible cases. Other marijuana records may also qualify under Michigan’s broader Clean Slate laws. |
| Minnesota | Yes, including automatic relief | Minnesota automatically expunged tens of thousands of eligible nonfelony marijuana records following adult-use legalization. Eligible felony cases and certain other cases are being reviewed separately by the state Cannabis Expungement Board for possible expungement, vacatur, dismissal or resentencing. |
| Mississippi | General relief | Mississippi has no marijuana-specific record-clearing law. Certain convictions may qualify under the state’s general expungement provisions. |
| Missouri | Yes, including automatic relief | Missouri’s marijuana legalization amendment requires expungement of many past marijuana convictions. Eligible misdemeanor records and many completed felony records are subject to state-initiated expungement, while people incarcerated for qualifying marijuana offenses may seek relief through the courts. Exceptions include certain violent conduct, distribution to minors and marijuana-related driving offenses. |
| Montana | Yes | A person convicted of marijuana conduct that became legal, or that now carries a lesser penalty, may petition for expungement, resentencing or redesignation. |
| Nebraska | General relief only | Nebraska has no marijuana-specific expungement program. Some convictions can be set aside under general state law, although a set-aside does not necessarily erase or seal the underlying record. |
| Nevada | Yes | People convicted of conduct that is no longer punishable as a crime may ask a court to seal the record. The request generally must be granted unless prosecutors establish a sufficient reason for denial. Nevada has also issued broad pardons for some older marijuana possession convictions. |
| New Hampshire | Yes | A person arrested or convicted before September 16, 2017, for possessing, purchasing, obtaining or transporting three-quarters of an ounce or less of marijuana may petition to have the record annulled. |
| New Jersey | Yes, including automatic relief | New Jersey automatically expunges many eligible marijuana and hashish cases, including certain possession and lower-level distribution offenses. Hundreds of thousands of cases have been removed from public court records under the state’s marijuana reforms. |
| New Mexico | Yes, automatic | Public records involving marijuana conduct that is no longer criminal, or that would now constitute a lesser offense, are generally subject to automatic expungement. State law provides a process for people to verify whether the automatic expungement occurred and seek expedited action when an eligible record was missed. |
| New York | Yes, automatic | New York automatically vacates and expunges numerous marijuana convictions involving conduct legalized or substantially reduced under state law. Eligible offenses include several former possession offenses and certain marijuana sale offenses. No application or filing fee is required for convictions covered by the automatic process. |
| North Carolina | General relief | North Carolina has no marijuana-specific expungement system in effect. Some marijuana convictions may qualify under the state’s general expunction laws depending on the offense, age, criminal history and other factors. |
| North Dakota | Yes, limited | A first marijuana possession conviction involving one ounce or less may be sealed if the person avoids another qualifying drug conviction and other criminal convictions for two years. Marijuana possession pardons may also be available in some cases. |
| Ohio | Yes | Beginning March 20, 2026, Ohio law specifically allows people to apply for expungement of certain past marijuana and hashish possession records. The law covers specified low-level possession offenses and defines expungement as destruction or erasure of the record so that it becomes permanently irretrievable. |
| Oklahoma | General relief | Oklahoma does not have a marijuana-specific expungement statute, but some misdemeanor drug convictions and other eligible records can qualify under the state’s broader record-clearing laws. |
| Oregon | Yes | Oregon provides streamlined procedures for setting aside or reducing eligible marijuana convictions. Relief is available for certain possession, delivery and cultivation offenses, with eligibility depending on factors including the date of the offense and whether the conduct would be treated differently under current law. |
| Pennsylvania | Limited | Pennsylvania does not have a broad marijuana-specific expungement statute. Some marijuana records can qualify for sealing under general law, and the state has used an expedited pardon process for certain nonviolent marijuana convictions. A pardon may provide a path toward further record relief but is not itself the same as expungement. |
| Rhode Island | Yes, automatic | Rhode Island provides automatic expungement for prior civil violations and misdemeanor or felony convictions involving marijuana possession only when the conduct was subsequently decriminalized. Eligible records were required to be expunged by July 1, 2024, although people may also request expedited expungement. |
| South Carolina | General relief | South Carolina has no marijuana-specific process. General conviction relief is relatively narrow and applies primarily to certain misdemeanor offenses. |
| South Dakota | General relief | South Dakota does not have a marijuana-specific expungement law. Certain misdemeanor and pardoned felony records may qualify under general state record-relief provisions. |
| Tennessee | General relief | Tennessee has no marijuana-specific expungement program. Some misdemeanor and felony offenses are eligible for general expungement, but eligibility is limited to offenses listed under state law. |
| Texas | General relief | Texas has no marijuana-specific expungement system. Some cases may qualify for expunction or an order of nondisclosure under general law, but a marijuana conviction does not automatically become eligible simply because marijuana laws have changed elsewhere. |
| Utah | Yes, limited | Utah provides a marijuana-specific path for people who possessed marijuana for medical purposes before the state’s medical program was fully implemented if they had a qualifying condition and possessed an eligible amount and form. Some additional marijuana or controlled-substance misdemeanors can qualify under Utah’s broader automatic or petition-based expungement system. |
| Vermont | Yes, including automatic relief | Vermont automatically expunged convictions involving possession of two ounces or less of marijuana entered before January 1, 2021. People convicted of conduct that is no longer criminal may also petition for expungement after completing their sentence. |
| Virginia | Yes, including automatic sealing | Virginia now automatically seals records involving the former marijuana possession statute. Beginning July 1, 2026, the state also operates a broader Clean Slate framework. Certain misdemeanor marijuana distribution convictions can qualify for automatic sealing after the required period, while additional eligible convictions may be sealed through a petition. |
| Washington | Yes | A person who was at least 21 when convicted of a misdemeanor marijuana offense may apply to the sentencing court to vacate the conviction. If the statutory requirements are satisfied, the court must vacate the record. |
| West Virginia | General relief | West Virginia does not have a marijuana-specific process. Certain convictions may qualify for relief under the state’s broader expungement law, although eligibility restrictions apply. |
| Wisconsin | Generally no | Wisconsin has no marijuana-specific expungement law and provides very limited adult conviction expungement. Certain youthful offenses may be expunged only when the judge ordered eligibility at the time of sentencing. |
| Wyoming | General relief is limited | Wyoming has no marijuana-specific process. General expungement is available for certain offenses, but eligibility is narrow and does not provide a broad route for clearing marijuana convictions. |
Which States Automatically Expunge Marijuana Convictions?
Automatic marijuana record clearing has become increasingly common, particularly in states that legalized adult marijuana use.
California, Colorado, Connecticut, Illinois, Minnesota, Missouri, New Jersey, New Mexico, New York, Rhode Island, Vermont and Virginia are among the states with automatic or state-initiated processes covering at least some marijuana convictions.
The scope varies considerably.
In some states, automatic relief is limited to simple possession. In others, certain misdemeanor sales, cultivation or felony offenses can also qualify. Automatic systems can also take years to identify and process old cases, particularly when court records are incomplete or stored across numerous local jurisdictions.
Someone who believes a qualifying record should already have been cleared should not necessarily assume that the lack of action means the record is ineligible. Several states provide procedures to ask a court or state agency to review records that appear to have been missed.
Which States Require You to Apply?
Arizona, Hawaii, Louisiana, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Ohio, Oregon, Utah and Washington are among the states where at least some marijuana-specific relief generally requires a request or petition from the person with the record.
Some states have both systems. A low-level possession conviction may be cleared automatically while a more serious marijuana conviction requires a petition.
The court may also look at factors such as the amount of marijuana involved, whether the offense included violence, the person’s age, subsequent convictions, completion of probation or incarceration, unpaid restitution and how state law classifies the same conduct today.
Can Felony Marijuana Convictions Be Expunged?
In some states, yes.
Marijuana expungement is not limited exclusively to misdemeanor possession. States including California, Colorado, Illinois, Minnesota, Missouri, New Jersey and New York provide relief for at least some marijuana offenses that were historically classified as felonies.
That does not mean every marijuana felony qualifies.
Large-scale trafficking, offenses involving violence, distribution to minors, impaired-driving offenses and conduct that remains illegal under current law are frequently excluded.
Minnesota, for example, automatically cleared large numbers of nonfelony marijuana records while assigning potentially eligible felony cases to its Cannabis Expungement Board for individual review.
Does Legalization Automatically Erase Old Marijuana Convictions?
No.
Legalizing marijuana does not by itself erase a prior conviction.
Alaska legalized adult-use marijuana more than a decade ago but still does not have the type of broad marijuana expungement system found in states such as California or New York.
Other states adopted legalization and record clearing at the same time. Missouri’s 2022 constitutional amendment, for example, combined adult-use legalization with provisions requiring the review and expungement of many past marijuana offenses.
A person should therefore look at the record-clearing law in the state where the conviction occurred rather than assuming legalization made the conviction disappear.
Are Sealing and Expungement the Same?
Not necessarily.
A true expungement can involve destruction or legal erasure of a record. A sealed record generally continues to exist but is hidden from ordinary public searches and most private background checks.
Maine is a good example. The state specifically describes its process as sealing rather than expungement. A qualifying conviction remains accessible to certain government and criminal justice entities but generally cannot be disclosed to employers, landlords, lenders and other members of the public.
Other states use terms such as vacating, setting aside, annulment or dismissal.
For most people, the practical goal is similar: preventing an old marijuana case from continuing to appear during ordinary background checks and limiting the collateral consequences of the conviction.
Can an Expunged or Sealed Marijuana Record Still Be Seen?
That depends on the state and the type of relief granted.
An expunged record may be destroyed or treated as though the case did not occur, while a sealed record usually continues to exist but is removed from ordinary public access. Courts, law enforcement agencies and certain government or licensing authorities may still be able to access some sealed records.
The effect also varies when a conviction is vacated, set aside or dismissed. Someone seeking record clearing should therefore check not only whether they qualify, but what the particular form of relief does under their state’s law.
What About Federal Marijuana Convictions?
State expungement laws apply to state and local cases. They cannot erase a federal marijuana conviction.
Presidents have issued broad pardons for federal simple marijuana possession offenses, including proclamations issued in 2022 and 2023. Those pardons forgive qualifying offenses but do not erase the underlying federal court record.
Federal law still does not provide a general expungement procedure for old marijuana convictions.
Someone with both state and federal marijuana records must therefore treat them as separate cases.
Does a Marijuana Pardon Clear Your Record?
Usually not by itself.
A pardon is an act of executive clemency. Expungement, sealing or vacatur generally changes the status or accessibility of the criminal record itself.
States including Colorado, Illinois, Maryland, Massachusetts, Nevada and Oregon have used large-scale marijuana pardons or clemency programs.
In some jurisdictions, a pardon can trigger or simplify a separate record-clearing procedure. In others, the conviction remains visible even though the person has been pardoned.
How Do You Find Out If Your Marijuana Conviction Qualifies?
The most important details are the state where the offense occurred, the exact statute of conviction, the amount of marijuana involved, whether the offense was possession, cultivation or distribution, the date of the offense, whether it was a misdemeanor or felony and whether there were additional charges in the same case.
Eligibility can also depend on subsequent convictions, outstanding restitution, pending criminal cases and whether all portions of the original sentence have been completed.
People seeking relief can generally start with the court that handled the original case or their state judiciary’s criminal record-clearing resources. Many states now provide standardized marijuana expungement or sealing forms.
Because eligibility rules can be highly case-specific, people with serious felony convictions, immigration concerns or multiple charges may want to consult an attorney or legal-aid organization before filing.
Marijuana Expungement Laws Continue to Expand
Marijuana legalization has increasingly been accompanied by efforts to address convictions imposed under older laws.
The difference between states remains substantial. Someone with an old possession conviction in New York may have had the record automatically erased without filing anything, while a person convicted of similar conduct in another state may still have no direct way to clear it.
That gap has narrowed as more states adopt automatic record clearing, marijuana-specific petitions and broader Clean Slate laws.
The Marijuana Herald will update this guide as states enact or implement new marijuana expungement and record-sealing laws.
Official Sources
This guide was compiled and cross-checked using state statutes, court systems and other official government resources governing marijuana expungement, sealing, vacatur and related forms of record clearing, including:
- National Conference of State Legislatures: Automatic Clearing of Records
- National Conference of State Legislatures: State Cannabis Policy Enactment Database
- U.S. Department of Justice: Presidential Marijuana Pardons and Clemency
- Individual state statutes, court systems and official record-clearing resources used to verify state-specific requirements
