Most states that legalized cannabis offered some form of criminal record expungement, but access varied widely | Research

The takeaway

A survey of 39 states and DC found most jurisdictions with decriminalized or legalized cannabis offered some criminal record relief, but the type, accessibility, and scope of expungement varied enormously.

Criminal justice reform advocates, cannabis policy researchers, legislators, and people with cannabis-related records.

39 states and DC surveyed; record relief options ranged from automatic to petition-based

What the researchers found

Most states that decriminalized or legalized cannabis provided some form of criminal record clearing, but approaches ranged from automatic expungement to petition-based processes requiring legal assistance. Accessibility and scope of relief varied significantly.

Why it matters

Millions of Americans carry cannabis-related criminal records that affect employment, housing, and education. If legalization does not address existing records, it creates a two-tier system where past criminalization continues to harm communities.

The numbers in context

39 states and DC surveyed. Record relief options ranged from automatic expungement to petition-based processes. Availability and accessibility varied significantly across jurisdictions.

How the study worked

Survey of criminal record expungement availability and accessibility across 39 US states and Washington DC where cannabis was decriminalized or legalized as of 2022.

What this study cannot tell us

Legal landscape survey captures a snapshot in time. Legislation changes rapidly. Does not measure actual utilization rates or outcomes for people who pursue expungement. Does not assess effectiveness of automatic vs. petition-based approaches.

How to read the evidence

Comprehensive legislative survey. Describes what exists but does not evaluate effectiveness or utilization.

When this study was published

Published 2023. Data as of 2022.

The bigger picture

Cannabis prohibition disproportionately affected Black and Brown communities. Record expungement is a concrete step toward addressing that harm, but implementation gaps mean many people who should benefit from legalization still carry the consequences of prohibition.

Questions still open

What percentage of eligible people actually receive record clearing? Do automatic expungement programs achieve higher utilization than petition-based ones?

Common questions

Can cannabis criminal records be expunged?

In most states that have decriminalized or legalized cannabis, some form of record clearing is available. However, the type of relief (automatic vs. petition-based), the offenses covered, and the accessibility of the process vary enormously across jurisdictions.

Why does record expungement matter?

Cannabis-related criminal records affect employment, housing, education, and public benefits eligibility. Legalization prevents future arrests but does not automatically help the millions of people already carrying records from the prohibition era. Record clearing is necessary to fully address the harms of past enforcement.

Read the original research

Clearing cannabis criminal records: A survey of criminal record expungement availability and accessibility among US States and Washington DC that decriminalized or legalized cannabis.

The International journal on drug policy, 114, 103983

View on PubMed ↗Publisher’s paper ↗

Citation

Wakefield, Tanner; Bialous, Stella; Apollonio, Dorie E. (2023). Clearing cannabis criminal records: A survey of criminal record expungement availability and accessibility among US States and Washington DC that decriminalized or legalized cannabis.. The International journal on drug policy, 114, 103983. https://doi.org/10.1016/j.drugpo.2023.103983