Cannabis: expungement
With many states moving to legalize or decriminalize cannabis, laws to expunge criminal records for offenses of which the underlying conduct is no longer a crime have been enacted in many states. Although no federal laws currently exist to expunge records of cannabis-related crimes, many states have signed expungement programs into law. Additionally, some states have enacted legislation providing automatic expungement or sealing of records for those convicted of certain cannabis-related crimes.
The Latest
Illinois expunges nearly half a million cannabis cases as part of legalization
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News Marijuana Moment ·Illinois Launches Expungement Assistance Initiative
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News Las Vegas Sun ·FAQs
Eighteen states and the District of Columbia have some sort of expungement provision in place, although implementation and waiting period can vary widely. More recently, several states have passed measures which automatically expunge or seal records of those with marijuana-related misdemeanors, typically those for use or possession of small amounts where no other crime was committed.
For certain types of cannabis-related offense for which the underlying behavior is no longer a crime, the state will automatically expunge or seal the records of those offenders without the need for a petition or application.
Though many states have expungement programs to provide relief for those convicted of offenses that are no longer crimes, immigration status and enforcement are still subject to federal laws and federal action.