As public support in favor of legalizing marijuana grows, more and more states are passing reforms to decriminalize pot possession. With those efforts also come questions about how states will handle convictions for past marijuana crimes.

One state that is currently dealing with this issue is Illinois. The state officially legalized marijuana on January 1, 2020, and the new law also allows for the expungement of past marijuana convictions.

Even though the new law has been on the books for a little over a year, a recent Chicago Tribune article revealed that there are still more than 700,000 convictions remaining that could qualify for expungement. People aren't taking advantage of the law because there seems to be no coordinated state-wide effort to deal with the logistics of expunging pot crimes. Instead, each county is taking a different approach to identifying cases and disseminating information.

Pennsylvania and Marijuana-Related Expungements

Thankfully, Pennsylvania has taken a much more coordinated approach to its marijuana-related expungement efforts. In 2019, the Governor's Office rolled out the Expedited Review Program ("ERP") to expedite pardons for citizens with non-violent marijuana convictions.

A pardon is a request for total forgiveness from the state. Unlike the traditional pardon review process, which emphasizes the age of the conviction, the Board of Pardons ("Board") reviews ERP applications based on how a pardon will improve the applicant's overall quality of life.

Eligible Marijuana Convictions

ERP pardons are not solely limited to convictions for possession of marijuana for personal use. Other eligible violations include convictions related to:

• Felony and misdemeanor possession of marijuana with the intent to distribute,
• possession of marijuana-related drug paraphernalia,
• marijuana-related DUIs incurred by medical marijuana cardholders, and
• Any marijuana-specific conviction that the Board deems appropriate.

However, DUI convictions for anyone who does not have a medical marijuana card and marijuana-related crimes involving violence are not eligible for the program. You also aren't eligible if you are currently incarcerated, enrolled in, or are a graduate of, the Accelerated Rehabilitative Disposition Program, or the Board deems your application unsuitable for expedited review.

Recommendation: Get Legal Help For Your Pot-Related Expungement

If the Board grants an applicant's ERP request, then they can file a petition for expungement in court to have the conviction permanently removed from their record. This process may sound easy, but there are countless ways to make errors that can cost applicants time and money. Particularly because most applicants don't know how to craft legal arguments that adequately demonstrates how an ERP pardon will improve their quality of life.

If you are looking to remove a pot-related conviction from your record, having an experienced attorney by your side will make all the difference.

Our Criminal Law Team has extensive experience pursuing avenues to clear our client's criminal records and can help you expunge your record too. If you are ready to clear your PA record, call the LLF Law Firm at (888) 535-5336 today.