Expunging Past Marijuana Charges in Massachusetts Under the 2018 Criminal Justice Reform Act

Clearing Your Past for Decriminalized Actions

For decades, simple marijuana possession resulted in thousands of criminal records across Massachusetts, disproportionately damaging employment prospects and housing opportunities for residents in Boston, Salem, and Fall River. Today, adult-use recreational marijuana is fully legal. Recognizing the deep injustice of punishing people for actions that are now perfectly legal, the state legislature included a specific, retroactive pathway for relief within the 2018 Criminal Justice Reform Act.

Unlike traditional sealing, which merely hides a record from public view, this law provides for absolute expungement-the physical destruction of the police and court records. If you have an old marijuana charge lingering on your CORI, you owe it to your future to have it removed. You can find experienced local attorneys in our US lawyer directory who can handle the entire expungement process for you seamlessly.

Retroactive Expungement for Decriminalized Offenses

The marijuana expungement law, codified in Mass. Gen. Laws ch. 276, § 100K 1/4, is incredibly powerful. It mandates that anyone who was convicted of an offense that is no longer a crime under the current legal framework of Mass. Gen. Laws ch. 94G, § 7 is eligible to have that specific record expunged, effectively acting as a time machine for your criminal record.

What Constitutes a Decriminalized Offense?

Adults in Massachusetts can legally possess up to 2 ounces of marijuana on their person and up to 10 ounces inside their primary residence. Under Mass. Gen. Laws ch. 94G, § 7, the statutory threshold for lawful public possession is set at 2 ounces. If you were arrested in 1995 or 2010 for possessing an ounce or two of marijuana, your actions from back then are no longer illegal today. Therefore, that conviction qualifies for immediate expungement, regardless of how old you were at the time of the offense. It is important to note that while Massachusetts has legalized it, the federal government still considers marijuana illegal, which can complicate federal background checks, but your state CORI will be pristine.

Can You Expunge Intent to Distribute Charges?

This is where the law becomes much more complicated and requires precise legal argumentation. While simple possession of small amounts is easily expunged, charges for 'Possession with Intent to Distribute' are heavily scrutinized by the courts.

In the landmark decision of Commonwealth v. K.W., 490 Mass. 619 (MA Supreme Judicial Court 2022), the state's highest court ruled that judges must look deeply into the facts of the old case. Because it is now legal to 'gift' up to 2 ounces of marijuana without remuneration, if your old distribution charge involved sharing a small amount with friends without money changing hands, it may be entirely expungeable. However, if the old police report indicates you were caught with 5 pounds of marijuana, scales, and thousands of dollars in cash, that behavior remains a felony today. You cannot expunge a past charge if the same actions would still result in a criminal conviction under modern laws.

Step-by-Step Guide to Filing the Petition

The process of expunging a marijuana offense requires interaction with both the probation department and the specific court where you were originally charged.

First, you must obtain a certified copy of your CORI and the original police report to prove the exact amount of marijuana involved in your case. Next, you will complete Form TC0021, Massachusetts, Trial Court, Petition for Expungement of Marijuana Offenses. Unlike standard expungements, there is no age restriction or waiting period for marijuana-specific expungements. You then file this petition with the court that handled your case, such as the Middlesex County Superior Court, Woburn or the Bristol County Superior Court, Fall River. The judge will review the petition to ensure the old offense matches the modern legal limits before ordering the physical destruction of your records.

Frequently Asked Questions (FAQ)