By Chris Sweeney
Maryland Governor Wes Moore made headlines in June with his groundbreaking decision to pardon all people convicted of cannabis possession under state law. This unprecedented move – affecting roughly 175,000 people – has sparked widespread media attention and is one of several recent government actions taken to address cannabis issues in Maryland. Yet, amidst the excitement, practical questions about the implications of these pardons remain.
A pardon issued by the governor clears an individual’s guilt and restores lost rights, such as voting or obtaining certain jobs and licenses. However, it doesn’t erase the criminal case itself or automatically expunge the record. While a pardon protects individuals from legal penalties associated with the crime, background checks might still reveal the case in court records.
Expungement, which removes the criminal record from public view, often accompanies a pardon, but isn’t automatic. Individuals must file for an expungement separately with the courts. And some offenses such as violent crimes cannot be expunged even if pardoned.
Gov. Moore’s cannabis pardons, however, simplify this process for those convicted of misdemeanor cannabis possession or related paraphernalia charges. The pardon applies to all individuals convicted of or receiving probation before judgment for possessing up to 1.5 ounces of cannabis or for possessing or using drug paraphernalia if cannabis possession was the only other charge in their case. It doesn’t cover additional charges beyond these cannabis-related ones. The courts have been instructed to update their records to reflect these pardons, though individuals won’t receive direct notifications.
Meanwhile, Maryland’s courts are preparing to enact a new law triggered by the 2022 cannabis legalization referendum. That law required that the courts by July 1, 2024, automatically expunge all cases where cannabis possession was the only charge. For many, this will align perfectly with Gov. Moore’s pardons. However, not everyone will benefit from this automatic expungement. It is estimated that about 40,000 of the 175,000 pardoned individuals will see their records automatically expunged. Importantly, this automatic process will only remove records from the Criminal Justice Information System, a repository for fingerprints and other details about criminal cases, not from court databases – meaning cases will still be visible in some court systems. Though these cases will not appear in a Maryland Judiciary Case Search, they can still be found online via Maryland Judiciary Record Search, (https://mdecportal.courts.state.md.us/MDODYSSEYPORTAL/Home/Dashboard/29), a less-known court database.
Gov. Moore’s pardons, alongside the Maryland legislature’s move towards automatic expungement, mark significant progress in addressing the harms of the War on Drugs and its disproportionate impact on marginalized communities. Yet, for those affected, the path forward can be unclear.
The best course of action for anyone with a cannabis-related conviction is to file for expungement. Although automatic expungement is on the horizon, filing a formal expungement request ensures that all traces of the case are removed from court records, providing a clean slate that can enhance employment and housing opportunities.
Chris Sweeney is a staff attorney and the Workforce Development Project Manager at Maryland Volunteer Lawyers Service.
