Limited and No-Relief States

Last verified: April 2026

General Statute States

These states have general expungement or record-sealing laws that can be applied to cannabis offenses, but lack cannabis-specific provisions. Eligibility requirements, waiting periods, fees, and covered offenses vary enormously.

States with Meaningful General Relief

• Indiana — "Second Chance" law allows expungement of misdemeanor convictions after 5 years and certain felonies after 8–10 years. Cannabis possession (a misdemeanor for <30g) is eligible. Filing fees vary by county.
• Utah — Clean Slate Act (2019) automated expungement for certain misdemeanors after 5–7 years. Cannabis possession convictions may qualify under the general statute. One of the few non-legalization states with automatic provisions.
• Pennsylvania — Clean Slate Act (2018) pioneered automated expungement nationally. Covers certain misdemeanors automatically after 10 years with no subsequent convictions. Some cannabis possession charges qualify, though Pennsylvania's medical-only cannabis law limits scope.
• Oklahoma — Allows expungement of misdemeanor convictions after completion of sentence. Cannabis possession is a misdemeanor. Filing fees and waiting periods apply.
• North Carolina — Allows expungement of first-offense misdemeanor drug convictions. Cannabis possession (up to 0.5 oz is a misdemeanor) may qualify. Significant waiting periods.

States with Limited General Relief

• Alabama — General expungement statute covers certain non-violent offenses. Filing process is complex and fees apply. Cannabis is fully illegal, so enforcement continues.
• Arkansas — Allows sealing of certain misdemeanor convictions after completion of sentence and waiting period. Medical cannabis is legal, but recreational remains a criminal offense.
• Georgia — First-offender treatment may allow record restriction (similar to sealing) for first drug convictions. Not technically expungement. Cannabis possession remains illegal.
• Iowa — Deferred judgment can lead to expungement if the case was dismissed. Very limited for actual convictions. Cannabis is fully illegal; Iowa has some of the worst racial disparities in marijuana arrests (7.3x).
• Kansas — Allows expungement of misdemeanor convictions after 3–5 years. Filing fee: $176. Cannabis is fully illegal.
• Kentucky — General expungement for certain misdemeanors (KRS 431.073) and felonies (KRS 431.079) with waiting periods. Cannabis recently became medically legal under SB 47. General statutes may cover older possession charges.
• Mississippi — Limited expungement for first-offense misdemeanor drug convictions. Process is petition-based with significant fees and waiting periods.
• Nebraska — Allows set-aside of convictions after completion of sentence. Cannabis is decriminalized for first offense (infraction) but remains criminal for subsequent offenses.
• South Carolina — Allows expungement of first-offense simple possession after 3 years. Filing fees: $250+. Among the most expensive in the nation.
• South Dakota — Limited expungement statute. Cannabis legalization failed twice at the ballot (2020 and 2024). Recreational possession remains criminal.
• Tennessee — Allows expungement of certain misdemeanor convictions. Filing fees: $280 to $350 — the highest in the nation. Cannabis is fully illegal.
• West Virginia — Allows expungement of misdemeanor convictions after completion of sentence. Medical cannabis is legal. General statute may apply to older possession charges.
• Wisconsin — Very limited expungement, primarily for offenses committed before age 25. Governor Tony Evers has pardoned more than 1,100 individuals, including many with cannabis convictions, but pardons do not erase records. Cannabis is fully illegal at the state level.
• Wyoming — Allows expungement of certain misdemeanor convictions. Cannabis is fully illegal. Filing process and fees vary.

Extremely Limited or No Relief

Texas

Texas is the most significant state in this category due to its sheer population (30 million) and high arrest volume. Texas law allows expungement only for non-convictions — arrests that did not result in a conviction, deferred adjudication for certain misdemeanors, or acquittals. If you were convicted of cannabis possession in Texas, there is no statutory mechanism to expunge that conviction.

Given that Texas arrests for possession at a rate approaching 98%, this means millions of Texans carry cannabis conviction records with no legal remedy. Texas has consistently blocked expungement reform legislation.

Florida

Florida's expungement law is extremely limited. Only one criminal record can be sealed or expunged per lifetime. The offense must have been resolved through a withhold of adjudication (not a conviction). If you were adjudicated guilty — formally convicted — of cannabis possession in Florida, expungement is not available. For a state with 22 million people and a medical-only cannabis program, the gap is enormous.

Idaho

Idaho stands alone: it has no statute authorizing expungement of criminal convictions. A person convicted of cannabis possession in Idaho has no legal mechanism to clear that record, regardless of how much time has passed or how their life has changed.

Idaho also passed HJR 4, a constitutional amendment requiring a two-thirds legislative supermajority to place cannabis legalization on the ballot — effectively stripping citizens of the ability to legalize through ballot initiative. Idaho is the most restrictive state in the nation for both cannabis law and record relief.

The Patchwork Problem

The limited-relief states underscore the fundamental inequity of American cannabis policy. A person arrested for possession in New Jersey has their record automatically cleared. The same person, with the same amount of cannabis, arrested across the border in Pennsylvania, may qualify under the Clean Slate Act. But in Texas, Florida, or Idaho, the same arrest produces a permanent, unclearable criminal record.

This geographic lottery means that the consequences of a cannabis arrest depend not on the conduct but on the state line. Until every state offers meaningful record relief, millions of Americans will carry permanent records for conduct that is legal in most of the country.