On June 17, 2024, Maryland Governor Wes Moore issued a historic mass pardon for over 175,000 cannabis-related convictions. This sweeping action was aimed at rectifying the harm caused by past criminalization of marijuana, particularly within communities disproportionately impacted by previous drug policies. However, for those who received a pardon, one critical question remains: Do I still need to file for an expungement?
The short answer is yes. In Maryland, a pardon does not automatically erase a conviction from public records. If you have received a pardon for a cannabis-related conviction, you may still need to take additional legal steps to ensure that your record is cleared. Here’s what you need to know.
What Does a Pardon Do?
A pardon is an official act of forgiveness by the governor. It signifies that the state has forgiven the offense and that the individual is no longer considered guilty in the eyes of the law. A pardon restores certain rights, such as the right to vote (if previously revoked), eligibility for certain licenses, and, in some cases, the ability to possess a firearm. However, a pardon does not remove a conviction from court or law enforcement records.
This means that even if you’ve been pardoned, your conviction may still appear in background checks conducted by employers, landlords, and licensing agencies. A pardon alone does not erase the paper trail of the conviction; this is where expungement comes in.
What Is Expungement?
Expungement is the legal process of removing a criminal record from public access. Once a record is expunged, it is no longer visible on background checks, and you are legally permitted to say that you have not been convicted of that offense. In Maryland, expungement effectively shields the record from employers, landlords, and the general public, though certain government agencies may still have access.
Does Governor Moore’s Pardon Automatically Expunge My Record?
No. While the governor’s pardon is a major step in criminal justice reform, it does not automatically trigger the expungement process. Individuals who wish to have their records cleared will still need to file for expungement through the Maryland court system.
That being said, Governor Moore has indicated that the state will work to streamline the expungement process for those affected by the pardon. While legislative changes may occur to facilitate automatic expungements in the future, as of now, individuals must take action themselves.
How Can I Expunge My Cannabis Conviction After a Pardon?
If you were convicted of a cannabis-related offense and have been pardoned, you can follow these steps to file for expungement:
- Obtain Your Criminal Record – You will need to know the details of your conviction, including the case number, court location, and date of the offense.
- Check Your Eligibility – Maryland law allows for the expungement of certain convictions, including many cannabis-related offenses. The recent pardon likely improves your chances of expungement.
- File a Petition for Expungement – You must file the appropriate paperwork with the Maryland court that handled your case. Forms are available through the Maryland Judiciary website or at the courthouse.
- Pay Any Required Fees – While expungement typically involves a filing fee, there may be provisions to waive these fees for those who were pardoned.
- Attend a Court Hearing (if required) – In some cases, the court may require a hearing to determine whether your record should be expunged. However, for non-violent cannabis convictions, this step is often waived.
- Wait for Expungement Approval – Once granted, your record will be removed from public access and background checks.
Why Should You Still File for Expungement?
Even with a pardon, a criminal conviction can create barriers to employment, housing, and other opportunities. By pursuing expungement, you ensure that your record is completely cleared, giving you a fresh start without the lingering effects of a past conviction.
Conclusion
Governor Wes Moore’s mass pardon for cannabis-related convictions is a groundbreaking step in criminal justice reform, but it does not automatically remove these offenses from public records. If you have been pardoned, you should still take steps to file for expungement to ensure that your record is truly cleared. If you need assistance navigating the process, consulting with an experienced attorney can help ensure that your expungement is handled efficiently and correctly.
At Southern Maryland Criminal Defense, we are committed to helping individuals take full advantage of this opportunity to clear their records and move forward with their lives. If you have questions about your eligibility for expungement or need help filing, contact us today to schedule a consultation.
