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Expungement

  • by Paul Armentano, NORML Deputy Director February 16, 2018

    Philadelphia officials announced today that they will no longer prosecute marijuana possession offenses.

    In October 2014, Philadelphia enacted a municipal ordinance reclassifying cases involving the possession of up to 30 grams of cannabis to a non-summary civil offense, punishable by a $25 fine – no arrest and no criminal record. Since that time, annual arrests for marijuana possession violations have fallen by an estimated 85 percent. However, despite this decrease, police have continued to make several hundreds of marijuana possession arrests yearly. These arrest primarily target young people pf color.

    Newly elected District Attorney Larry Krasner declared today that the city will no longer prosecute those additional cases. “What we’re talking about is the 10 percent or so that are being charged as they used to be, as misdemeanors in court,” he said. “We are going to … drop any cases that are simply marijuana possession.”

    Krasner said that refusing to pursue these cases is “the right thing to do.”

    Last week, Seattle city officials announced their intentions to vacate the criminal convictions of minor marijuana possession offenders. The week prior, city officials in San Francisco announced plans to automatically expunge thousands of past marijuana possession convictions.

  • by NORML February 1, 2018

    Cannabis PenaltiesSan Francisco city officials announced plans yesterday to begin reviewing and automatically expunging thousands of past marijuana possession convictions.

    The District Attorney’s office says that it will review, dismiss, and seal an estimated 3,000 misdemeanor marijuana convictions dating back to 1975. The office also intends to review and resentence many past felony convictions.

    Provisions in the state’s 2016 voter-approved marijuana law allow those with past marijuana convictions to petition the court for expungement. However, because this process that is often time consuming and can cost hundreds of dollars in legal fees, San Francisco’s D.A. George Gascón says that his office will instead “wipe out convictions en masse.”

    Commenting on the policy change, California Lieutenant Governor Gavin Newsom said in a statement, “This example, one of many across our state, underscores the true promise of Proposition 64 – providing new hope and opportunities to Californians, primarily people of color, whose lives were long ago derailed by a costly, broken and racially discriminatory system of marijuana criminalization.”

    NORML Deputy Director Paul Armentano concurred, telling reporters: “The stigma associated with a marijuana arrest and criminal conviction is lifelong, and can directly lead to numerous lost opportunities later in life. The San Francisco District Attorney’s office is to be commended for proactively rectifying this situation — one that has disproportionately burdened far too many young people and people of color. Let’s hope other jurisdictions follow San Francisco’s lead in righting the wrongs of cannabis criminalization.”

    Perhaps even more importantly, legislation now pending in the California Assembly, AB 1793, seeks to expand this automatic expungement process statewide. If you reside in California, please click here to use NORML’s Action Alert to urge your lawmakers to support this critical legislative effort.

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