cannabis expungement Archives

California Legislature Approves Marijuana Expungement Bill

August 23, 2018 by Anthony Martinelli

Legislation that would allow for the expungement (removal from criminal record) of over 200,000 past marijuana-related convictions has been given approval by California’s full legislature.

The full California Legislature has passed Assembly Bill 1793, which was filed by Assemblymember Rob Bontag. The measure now goes to Governor Jerry Brown, who has the option of signing it into law, allowing it to become law without his signature, or veto it.

The legislation requires the California Department of Justice (DOJ) to compile a list of individuals that would either be eligible for a complete expungement of their marijuana-related convictions, or for a reduction in sentencing. This would apply to any marijuana charge that has since been legalized under Proposition 64; this includes possessing up to an ounce of marijuana for personal use.

Delaware Senate Unanimously Approves Marijuana Expungement Measure

June 13, 2018 by Anthony Martinelli

Legislation to provide mandatory expungement eligibility to those convicted of certain marijuana offenses has been passed by Delaware’s full Senate.

Senate Bill 197 was passed yesterday by Delaware’s Senate in a unanimous 20 to 0 vote, with one member abstaining. According to the measure’s synopsis, “This Act provides mandatory expungement eligibility to individuals who were convicted of the possession, use or consumption of marijuana prior to Delaware’s decriminalization of these offenses.” To be eligible for the mandatory expungement, “the marijuana conviction must be the applicant’s only criminal conviction.”

The legislation was introduced by Senate Minority Whip Greg Lavelle (R), and House Majority Leader Valerie Longhurst (D). It will now go to the House of Represenatives, where passage would send it to John Carney for consideration.

Illinois House Committee Votes to Allow Expungement of Past Marijuana and Paraphernalia Convictions

April 30, 2018 by Anthony Martinelli

Illinois legislation that would allow for individuals to have marijuana (and marijuana paraphernalia) possession charges expunged (removed) from their records has been advanced in the state’s legislature.

Since the passage of a law decriminalizing marijuana in 2016, the possession of up to 10 grams is no longer a criminal offense in Illinois. House Bill 2367, filed by State Representative La Shawn Ford, would allow those who received a charge for possessing up to 10 grams of marijuana (or for possessing paraphernalia) prior to this law taking effect to petition their circuit court to have the conviction expunged from their criminal record. This would mean it would no longer show up on a background check. In order for the individual to apply, three or more years must have passed since the petitioner had their sentence completed.

According to La Shawn Ford, “law enforcement would have a right to object to it”, which he calls fair. “You have to go before a judge, the judge will look at it, and ultimately grant a ‘yes’ or a ‘no'”, says Ford.

Maryland House Passes Marijuana Expungement Bill, Companion Measure Already Passed Senate

March 20, 2017 by Anthony Martinelli

Legislation allowing for the expungement (removal from record) of certain marijuana possession offenses has been passed by Maryland’s full House of Representatives.

House Bill 379 was passed by the House with a 104 to 32 vote. A companion measure, Senate Bill 949, was given approval by the Senate last week with a unanimous 47 to 0 vote.

According to its official synopsis, House Bill 379 allows a person “to file a petition for expungement if the person was convicted of possession of marijuana before October 1, 2014. The proposal requires “that filing fees for petitions for expungement collected by the District Court be remitted to the Administrative Office of the Court be used only for a specified purpose.”

Marijuana Expungement Bill Passed Unanimously by Maryland Senate

March 18, 2017 by Anthony Martinelli

**Maryland’s full Senate has given approval to Senate Bill 949 to allow marijuana expungements.**

The proposal was passed by the Senate Wednesday with a unanimous 47 to 0 vote. A companion bill – House Bill 379 – was passed today by the House Judiciary Committee.

The proposed laws “expands eligibility for expungements to include convictions for possession of marijuana under § 5-601 of the Criminal Law Article before October 1, 2014.” October 1st, 2014 marked the first day of a law that decriminalized the possession of small amounts of marijuana in the state.

Maryland Senate Committee Votes in Favor of Marijuana Expungement Bill

March 13, 2017 by Anthony Martinelli

**Maryland’s Senate Judicial Proceedings Committee has given a favorable vote to Senate Bill 949.**

The proposal would allow a person convicted of possession of marijuana before October 1, 2014 to file for an expungement (removal) of the charge. According to its official summary; “This bill expands eligibility for expungements to include convictions for possession of marijuana under § 5-601 of the Criminal Law Article before October 1, 2014.”

October 1st, 2014 marked the first day of a new statewide law in Maryland that decriminalized the possession of up to 10 grams of cannabis, making it a civil fine rather than an arrestable misdemeanor.

Marijuana Expungement Bill Filed in Washington

January 18, 2017 by Anthony Martinelli

Washington State Representative Joe Fitzgibbon has filed legislation that would allow those previously convicted of possessing up to 40 grams of marijuana to have it expunged (removed) from their record.

Under House Bill 1260, those who were previously charged with misdemeanor marijuana possession, and were at least 21 years of age at the time, can apply to have the charge permanently removed from their record. The measure requires the courts to expunge the charge as long as their has been no violent or DUI-related charges that have taken place since the marijuana charge.

House Bill 1260 currently sits in the House Public Safety Committee. Co-sponsors include Representatives Noel Frame, Nicole Macri, Gael Tarleton, Gerry Pollet, David Sawyer, Jessyn Farrell, Ruth Kagi, Eileen Cody; Sherry Appleton, Timm Ormsby, Tana Senn and Joan McBride.

Missouri Governor Signs Cannabis Expungement Bill

July 19, 2016July 18, 2016 by Anthony Martinelli

Governor Jay Nixon (D) has signed into law a bill that allows for the expungement of most cannabis convictions, both misdemeanors and felonies.

Senate Bill 588 would allow those convicted of cannabis misdemeanors to expunge (remove) it from their record after a three year period; this would mean that the charge would not appear on a criminal background check. Those convicted of felony possession would also be allowed to have the charge expunged, though they would need to wait seven years rather than three. In either instance, fines will need to be paid in full for an expungement to occur.

Virginia Bill to Allow Expungement of Cannabis Convictions for those Under 21 Coming Soon

December 7, 2015 by Anthony Martinelli

Republican State Senator Ruan McDougle, Chairman of Virginia’s Republican Caucus, has announced that he will soon introduce a bill to allow those under 21 to have cannabis convictions expunged (removed) from their records. According to McDougle, the expungement proposal will be one of several criminal justice reform measures that will be introduced in the upcoming legislative session which begins in January.

According to McDougle, a former prosecutor, those under 21 should be given an opportunity to remove simple possession cases from their record in order to increase their chances of receiving employment. McDougle says the measure would apply only to personal possession cases, and not distribution cases. Those 21 and older who were charged with a cannabis possession offense before they turned 21 would also be able to have the charge expunged.

Oregon: 50,000 Residents Qualify To Have Cannabis Offenses Removed From Their Criminal Record

November 10, 2015 by Anthony Martinelli

By Monterey Bud, Marijuana.com

Thanks to the recent implementation of a novel provision in Oregon’s Senate Bill 844, more than 50,000 residents can now apply to a new program that permits some offenders to expunge marijuana-related crimes from their criminal history.

That’s right, according to the Oregon Cannabis Association, the Beaver State’s sweet new piece of legislation allows those with past marijuana-related indiscretions – including cultivation and distribution – to have their past improprieties purged from their permanent criminal record. Thereby making it easier for those convicted of past marijuana related crimes to find gainful employment.