Purpose of the Pardon
The Governor’s pardon aims to make the criminal justice system fairer and more equitable by adapting to changes in criminal law, addressing historical injustices, and promoting equity. This pardon recognizes that marijuana law has dramatically changed over the past decades. Marijuana use and possession was once illegal but is now allowed in Massachusetts.
Through this pardon, the Governor seeks to lift barriers that people with old marijuana possession convictions face, including to housing, jobs, and educational opportunities.
What is a pardon?
A pardon is an act by the Governor of Massachusetts that acts as forgiveness for a conviction from your criminal record.
What offenses does this pardon cover?
The pardon forgives all Massachusetts state court misdemeanor convictions for possession of marijuana (sometimes referred to as possession of a “Class D substance”) before March 13, 2024.
The pardon does not apply to:
- Criminal cases resolved after March 13, 2024
- Other marijuana related convictions such as possession of marijuana with intent to distribute, distribution, trafficking, or operating a motor vehicle under the influence
- Convictions from jurisdictions outside Massachusetts, including federal court
- Continuances without a finding or other non-conviction dispositions for possession of marijuana
- Persons who are under the age of 21 at the time of the pardon
What if I was convicted of a marijuana related offense in another court or jurisdiction?
This pardon only affects convictions in Massachusetts state court. It does not apply to convictions from other states or from federal court, although the federal government has recently pardoned some marijuana possession offenses.
When does this pardon become effective?
The pardon became effective on April 3, 2024 when the Governor’s Council approved the Governor’s pardon, although it will take some time for individual criminal records to be updated.
Does this pardon mean my entire record is cleared?
No. The pardon will be reflected only for the specified marijuana possession offenses. It does not affect other entries on your criminal record.
Is there anything I need to do?
Probably not. State agencies are working together to update many criminal records to reflect this pardon, although limitations in electronic court records will mean that not everyone will have their record updated this way.
How can I obtain a marijuana pardon certificate?
You may request a marijuana pardon certificate through an online form here if:
- You need proof of the pardon before your record is updated, or
- You believe that your record has not been updated through the automatic process.
Why would I want to obtain a marijuana pardon certificate?
The certificate serves as proof of the pardon and may help remove civil or legal restrictions, such as barriers to housing, jobs, and educational opportunities, because of the conviction.
Will this pardon seal my criminal records?
The pardon does not automatically seal or expunge criminal records. If you wish to have this pardon seal your conviction, you must either fill out the marijuana pardon certificate form and check the appropriate box asking to have your conviction sealed or otherwise request to have your record sealed or expunged. Learn more about how to obtain, seal, or expunge your own record at the links below.
Additional Resources
Will I get reimbursed for any court fees, fines, or penalties because of this pardon?
No. This pardon is not intended to forgive any court fees or other fines that have already been paid, and it does not provide a basis for seeking a refund.