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 — The state operates the country’s strictest medical-only cannabis program (HB 3001, 2018) and has no cannabis-specific expungement law. The Clean Slate Act (2019) automated expungement for certain misdemeanors after 5–7 years and may cover some cannabis possession charges, but its scope is narrower than its name suggests. The actual first-offender pathway runs through Utah Code § 58-37-8(2)(c), which permits a single first-offense possession to be discharged and expunged after probation. A widespread myth holds that HB 348 (2015) “decriminalized small-quantity possession” — it did not. HB 348 reorganized weight tiers but kept simple possession a class B misdemeanor; both NORML Utah and Utah defense firms have repeatedly corrected this misunderstanding. Rep. Grant Miller’s HB 253 (2026) decriminalization attempt is the most recent legislative push; status unconfirmed. See CannabisUtah.org on Utah’s decriminalization attempts for the full legislative record.
• 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 — The state’s only existing cannabis pathway is N.C.G.S. § 90-96 first-offender conditional discharge, which can lead to dismissal and expungement for first-offense simple possession. There is no automatic relief. The 2020 Task Force for Racial Equity in Criminal Justice (TREC) report — convened by Governor Roy Cooper and Attorney General Josh Stein — recommended automatic expungement of all prior misdemeanor cannabis convictions, but the General Assembly enacted none of the recommendations. NC recorded 31,287 misdemeanor possession charges in 2019, with 61% of those charged identifying as nonwhite, even though use rates are roughly equal across racial groups. See CannabisNC.org on NC decriminalization and the TREC stalemate.

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 except for a CBD-only medical program with a 4.5-gram-per-90-days THC cap and only five dispensaries statewide. Iowa Code §901.5(10) imposes a 48-hour mandatory minimum jail sentence for any drug conviction, including first-offense simple possession. Iowa has some of the worst racial disparities in marijuana arrests in the nation: 7.3x statewide, 17x in Pottawattamie County (Council Bluffs), and roughly 13x in Dubuque and Scott Counties. The state’s civil asset forfeiture regime under Chapter 809A is among the most aggressive in the country — Iowa State Patrol I-80 corridor stops produced approximately $100 million in forfeiture revenue between 2000 and 2019, with half of all 2015–2019 currency forfeitures under $900. SF 446 (2017) added a partial innocent-owner amendment, and HF 2560 (2024) would repeal civil forfeiture in favor of conviction-based forfeiture — status pending. No cannabis-specific expungement reform has passed. See CannabisIowa.org on possession penalties and CannabisIowa.org on tax stamps and Chapter 809A forfeiture.
• 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.

Related on this site: Model Expungement Programs, Cannabis Expungement Laws by State, Cannabis Expungement.