How did California clear 200,000+ cannabis convictions?

Through a multi-year effort: Prop 64 (2016) created the right to petition, AB 1793 (2018) required DOJ to review records, Code for America built automated tools processing 10,000 records per minute, and AB 1706 (2022) set a completion deadline. DAs Gascón and Bonta led implementation.

Why did Massachusetts only update 1,876 records out of 22,816 pardons?

A gubernatorial pardon does not automatically update criminal record databases. The pardon is a separate document of forgiveness. Records must still be individually updated in court databases, state repositories, and the FBI. Massachusetts lacked a systematic process to convert pardons into record updates.

How long does Oregon's cannabis expungement take?

Oregon currently has approximately 2-year backlogs for processing expungement petitions. The combination of $0 filing fees (which encourages high filing volume) and limited court resources has created one of the longest wait times in the country.

What is Ohio's new cannabis expungement law?

Ohio SB 56, effective March 2026, creates cannabis record expungement with a $50 filing fee. It covers possession offenses that would not be illegal under Ohio's current cannabis law following Issue 2 legalization in November 2023.

Does Arizona fully expunge cannabis records?

No. Arizona uses a "set-aside" mechanism under Proposition 207 (A.R.S. section 36-2862), which vacates the conviction and dismisses charges but leaves the record visible with a notation that it was set aside. Filing is free. The Maricopa County "Reclaim Your Future" initiative assists with petitions.

Petition-Based Expungement States — You Must Apply

Legal Disclaimer: This information is for educational purposes only as of April 2026. It is not legal advice. Expungement procedures, eligibility, and timelines vary by state and change frequently — consult a qualified attorney or legal aid organization about your specific case. Cannabis remains illegal under federal law.

Last verified: April 2026

California

California's cannabis expungement story spans nearly a decade of legislation, each building on the last:

Proposition 64 (2016) — Legalized recreational cannabis and created the right to petition for resentencing or reclassification of prior convictions
AB 1793 (2018) — Required the Department of Justice to review all cannabis records and identify those eligible for relief, then notify county prosecutors
Code for America — The nonprofit partnered with prosecutors to build automated eligibility tools. Their system analyzed 144,000 cases, processing 10,000 records per minute. San Francisco District Attorney George Gascón used it to clear 8,000 cases, then as Los Angeles DA cleared 125,000 more.
AB 1706 (2022) — Set a deadline requiring all counties to complete record review and clearance

Total: more than 200,000 convictions cleared. Attorney General Rob Bonta has overseen statewide implementation. Filing fees range from $120 to $150 for individual petitions, though many counties waive fees for cannabis-specific cases.

Colorado

SB 22-99 created a cannabis record sealing process (not full expungement). Colorado uses sealing rather than expungement, meaning records are hidden from public access but not destroyed. Governor Jared Polis pardoned approximately 1,300 individuals with cannabis possession convictions.

Colorado's approach reflects its status as one of the earliest legalization states: it legalized in 2012 but enacted record relief relatively late, in 2022. Filing fees vary by county. The sealing process is petition-based, requiring individuals to file in the court where the original conviction occurred.

Oregon

Oregon's SB 420 (ORS 137.225) established cannabis record expungement with $0 filing fees — one of the few states where the petition process is genuinely free. Governor Kate Brown pardoned more than 45,000 individuals with simple cannabis possession convictions in 2022.

Despite the fee waiver, Oregon has experienced 2-year backlogs in processing petitions. The combination of free filing (encouraging high volume) and limited court resources for processing has created one of the longest wait times in the country.

Michigan

Michigan's Clean Slate Act (MCL 780.621e) is a hybrid system: it provides automatic expungement for certain offenses while maintaining petition-based relief for others. For cannabis-specific relief, the Act eliminated waiting periods — eligible individuals can petition immediately.

An estimated 235,000 individuals are eligible for cannabis record relief under the Clean Slate Act. When Michigan activated its automated component, it processed 1.4 million records in the first week — though this includes all eligible offenses, not just cannabis. Filing fees vary.

Massachusetts

Massachusetts offers cannabis expungement under MGL c. 276 §100K¼. Governor Maura Healey issued a blanket pardon covering 22,816 individuals with cannabis possession convictions.

However, Massachusetts illustrates the gap between pardons and actual record clearance. Of the 22,816 pardoned, only 1,876 records were actually updated in state databases as of the most recent reporting. The remaining 20,940 pardoned individuals still have records that may appear on background checks, because the pardon was not followed by a systematic record update process.

Pardons vs. Record Clearance

A gubernatorial pardon does not automatically clear your criminal record. The pardon is a separate document of forgiveness. Records must still be updated in court databases, state repositories, and the FBI. Massachusetts's experience — 22,816 pardoned but only 1,876 records updated — shows how wide this gap can be.

Virginia

Virginia has sealed approximately 394,000 cannabis records under Va. Code §19.2-392.6 — one of the largest record actions in the country. Virginia uses sealing rather than expungement. A new law taking effect in July 2026 will expand eligibility and streamline the petition process.

Virginia's approach has been progressive for a Southern state. The combination of legislative action and administrative processing has produced one of the highest total record counts in the nation.

Arizona

Proposition 207 (2020), which legalized recreational cannabis, included a provision allowing people with marijuana convictions to petition for expungement under A.R.S. §36-2862. Filing fees are $0. Arizona uses the "set-aside" mechanism, meaning the conviction is vacated and charges dismissed, but the record remains visible with a notation.

The Maricopa County Public Defender's office launched the "Reclaim Your Future" initiative to assist eligible individuals with the petition process. Processing is ongoing, with no aggregate count yet available.

Washington

SB 5605 established cannabis record vacating in Washington State. Governor Jay Inslee pardoned approximately 3,500 individuals with misdemeanor cannabis possession convictions. Washington's process requires a petition to vacate the conviction, with fees varying by county.

Washington legalized cannabis in 2012 (I-502) but, like Colorado, was relatively late in enacting comprehensive record relief. The 3,500 pardons represented a small fraction of eligible individuals, and advocacy organizations continue to push for automatic expungement.

Ohio

SB 56, effective March 2026, creates cannabis record expungement in Ohio with a filing fee of $50. Ohio is the newest state in this category. The law covers possession offenses that would not be illegal under Ohio's current cannabis law (Issue 2 legalized recreational cannabis in November 2023).

Ohio's program is petition-based, and early implementation is underway. The $50 fee is among the lowest for petition-based systems, though advocates had pushed for $0.

Nevada

AB 192 established cannabis record sealing in Nevada, and the State Board of Pardons Commissioners has pardoned more than 15,000 individuals with cannabis convictions. Nevada's unique Pardons Board structure — which includes the governor, attorney general, and justices of the Supreme Court — enabled relatively fast executive action.

Filing fees for petition-based sealing vary by county. Nevada legalized recreational cannabis in 2016 (Question 2) and has progressively expanded record relief since.

Key Takeaways

The petition-based states demonstrate both the promise and limitations of requiring individual action. California's technology-driven approach and Virginia's large-scale sealing show what is possible. Massachusetts's pardon-to-update gap and Oregon's 2-year backlogs show what can go wrong. The trend is clear: states that combine automatic processes with petition options achieve the broadest results.