What it covers
§ 12-1.3-5(a) reaches any prior civil violation, misdemeanor or felony conviction for possession only of a marijuana offense that has been decriminalized since the date of conviction. Civil violations count, not just criminal convictions.
Records were to be expunged on a timeline set by the chief justice, and § 12-1.3-5(b) required that all eligible records be expunged before July 1, 2024.
What it overrides
§ 12-1.3-5(g) is the remarkable part. Eligible expungements are granted notwithstanding the existence of:
- Prior arrests, convictions or civil adjudications — including convictions for crimes of violence as defined by § 12-1.3-1.
- Pending criminal proceedings.
- Outstanding court-imposed fees, fines, costs, assessments or charges — which, on the eligible conviction, "shall be waived."
If your record still shows it
§ 12-1.3-5(c) allows the chief justice to provide an expedited procedure, requiring a written request from the person seeking expungement. If the conviction is still appearing on your record after the July 2024 deadline, that written request is the route.
§ 12-1.3-5(e) adds that anyone who was incarcerated for misdemeanor or felony marijuana possession has all court costs waived with respect to the expungement.
When the amount is not in the record
§ 12-1.3-5(d): if the amount of marijuana is not stated in the record of conviction or any related record, report or document, "then the court shall presume the amount to have been two ounces (2 oz.) or less." The presumption runs in your favor.
