Maryland lawmakers have given final approval to a bill that would require state officials to automatically shield records for low-level marijuana convictions that have been pardoned from public access, and to more broadly expand expungement eligibility for certain other offenses.
The legislation from Senate President Bill Ferguson (D) cleared the Senate last month and passed the House in a 101-38 vote last week. It now heads to the desk of Gov. Wes Moore (D), who requested that the measure be filed at the beginning of the session.
Under the proposal, the Maryland Judiciary Case Search could no longer “in any way refer to the existence of records of a charge of possession of cannabis in a case with electronic records if the charge resulted in a conviction that was later pardoned by the Governor.”
Last year, Moore granted a mass pardon of more than 175,000 convictions around cannabis and paraphernalia offenses, the records of which would be blocked from public access under the bill that’s been sent to his desk. Pardons represent formal forgiveness from the executive, but such relief doesn’t remove the records.
“Hundreds of thousands of Americans unduly carry the burden and stigma of a past conviction for behavior that most Americans, and a growing number of states, no longer consider to be a crime,” NORML Deputy Director Paul Armentano said in a blog post on Tuesday.
“Our sense of justice and our principles of fairness demand that elected officials and the courts move swiftly to right the past wrongs of cannabis prohibition and criminalization,” he said.
According to NORML, more than 350,000 cannabis-related pardons and over two million expungements have been processed nationwide since 2018.
In February, the governor discussed the bill the legislature has now passed, stressing that it would expand opportunities for people to have their criminal records for marijuana expunged by allowing people who violated terms of their parole or probation to petition courts to erase those records.
“A cornerstone of our effort this year will be helping ensure that we confront this myth that every single sentence needs to be treated like a life sentence,” the governor said, “and that is why this session I have introduced legislation to build on the historic cannabis pardons that I signed into law last year, the largest state pardon in our nation’s history.”
The legislation would expand the range of offenses eligible for expungement and remove a requirement that people satisfy “parole, probation, or mandatory supervision” before petitioning a court to expunge their criminal records.
Instead, the proposal would require only that people complete the sentence and wait a certain number of years, depending on the nature of the conviction.
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