Last verified: April 2026
Cannabis expungement statutes are being enacted, amended, and implemented at an extraordinary pace. Multiple states pass new legislation each session. Court orders and executive actions can change the landscape overnight. Always verify current eligibility with your state's court system or a licensed attorney before relying on the information below.
Automatic Expungement States
These 13 states clear cannabis records without requiring individuals to file petitions, hire attorneys, or appear in court. Records are identified and cleared by the state, typically at no cost. This is the most effective approach — reaching the 85%+ of eligible people who never file petitions under voluntary systems.
| State | Key Law | Records Cleared | Filing Fee |
|---|---|---|---|
| Illinois | Cannabis Regulation & Tax Act | 780,000+ charges | $0 |
| New York | MRTA (2021) | 200,000+ cases | $0 |
| New Jersey | CREAMMA | 362,000 cases | $0 |
| Missouri | Amendment 3 (constitutional) | 140,000+ records | $0 |
| Minnesota | Adult-Use Cannabis Act | 57,000 records | $0 |
| Vermont | S.234 (2020) | ~10,000 eligible | $0 |
| Connecticut | Clean Slate Act / SPA 21-1 | 43,754 convictions | $0 |
| Maryland | Cannabis Reform Act (2022) | 175,000 pardoned | $0 |
| Rhode Island | RI Cannabis Act (2022) | 23,000+ cleared | $0 |
| New Mexico | SB 2 (2021) | ~14,000 (90K remaining) | $0 |
| Delaware | SB 197 / SB 37 | In progress | $0 |
| D.C. | Second Chance Amendment Act | Delayed to 2029 | $0 |
Detailed Automatic State Profiles
Petition-Based Expungement States
These 10 states have enacted cannabis-specific expungement or sealing laws that require individuals to file a petition. Filing fees, waiting periods, and eligible offenses vary significantly. Several of these states have also processed large-scale pardons or record clearances through executive action.
| State | Key Law | Records Cleared | Filing Fee |
|---|---|---|---|
| California | Prop 64 / AB 1793 / AB 1706 | 200,000+ convictions | $120–$150 |
| Colorado | SB 22-99 (sealing) | 1,300 pardoned + sealing | Varies |
| Oregon | SB 420 (ORS 137.225) | 45,000+ pardoned | $0 |
| Michigan | Clean Slate Act (MCL 780.621e) | 235,000 eligible | Varies |
| Massachusetts | MGL c. 276 § 100K¼ | 22,816 pardoned | $0 |
| Virginia | Va. Code § 19.2-392.6 | 394,000 records sealed | Varies |
| Arizona | Prop 207 (A.R.S. § 36-2862) | Ongoing | $0 |
| Washington | SB 5605 | 3,500 pardoned | Varies |
| Ohio | SB 56 (eff. March 2026) | New | $50 |
| Nevada | AB 192 + Pardons Board | 15,000+ pardoned | Varies |
Detailed Petition State Profiles
Understanding the Landscape
Beyond the automatic and petition-based states with cannabis-specific laws, the remaining states fall into two categories:
General Statute States
States with general expungement or record-sealing statutes that can be applied to cannabis offenses, but without cannabis-specific provisions. Eligibility, fees, and processes vary widely. Examples include Indiana, Kansas, Tennessee, and Utah.
Limited or No Relief States
States with extremely limited or no meaningful expungement options for cannabis convictions. Idaho has no statute for expunging convictions. Texas allows expungement only for non-convictions. Several Southern states impose fees exceeding $250.
The Numbers So Far
Across all states, an estimated 2.3 million cannabis records have been cleared through some combination of automatic expungement, petition-based expungement, gubernatorial pardons, and court orders. The largest contributions:
- Illinois — 780,000+ charges cleared (automatic + pardons + prosecutorial action)
- New Jersey — 362,000 cases (Supreme Court order)
- Virginia — 394,000 records sealed
- New York — 200,000+ cases (MRTA automatic expungement)
- California — 200,000+ convictions (Prop 64 + AB 1793 + Code for America)
- Maryland — 175,000 pardoned
- Missouri — 140,000+ records (Amendment 3)
Yet millions more records remain. The gap between what has been cleared and what is eligible represents the unfinished business of cannabis reform.
Model Programs
Five states have developed expungement programs that stand out for their scale, speed, or comprehensiveness. These programs offer lessons for every other state.
Want to understand why some states have robust programs and others have none? See The Politics of Expungement and the organizations fighting for reform.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org