Cannabis possession convictions to be cleared in Connecticut

After legalizing adult-use recreational cannabis in 2021, Connecticut is beginning to take steps to expunge the records of those who have misdemeanor cannabis-related offenses.

On Tuesday, Gov. Ned Lamont announced plans to begin the process of erasing cannabis-related convictions starting next year. In addition, Lamont announced plans to roll out the state’s Clean Slate automated erasure system in the second half of 2023.

“On Jan. 1, thousands of people in Connecticut will have low-level cannabis convictions automatically erased due to the cannabis legalization bill we enacted last year,” Lamont said in a release.

“Especially as Connecticut employers seek to fill hundreds of thousands of job openings, an old conviction for low-level cannabis possession should not hold someone back from pursuing their career, housing, professional and educational aspirations.”

Connecticut residents who have their convictions erased will now be able to tell employers, educational facilities and landlords that their convictions never occurred.

However, a number of complications and unanswered questions may leave those with convictions wondering what is ahead with the state’s rollout of this program.

From eligibility to legal complications, here is what you need to know what the erasure of cannabis-related convictions in Connecticut.

Who is eligible to get their convictions erased?

The following must be applicable in order to have cannabis convictions automatically erased:

The conviction was for possession of under 4 ounces of a non-narcotic, non-hallucinogenic substance between Jan. 1, 2000, and Sept. 30, 2015.

The following convictions can be erased by filing a petition in Superior Court:

The conviction was for possession of less than or equal to four ounces of a cannabis-type substance before Jan 1, 2000 and/or between Oct. 1, 2015, and June 30, 2021.

The conviction was for possession with intent to use drug paraphernalia before July 1, 2021.

The conviction was for “manufacturing, selling, possessing with intent to sell, or giving or administering to another person a cannabis-type substance and the amount involved was under 4 ounces or six plants grown inside a person’s home for personal use” before July 1, 2021.

When are these convictions expected to be erased?

According to Lamont, convictions will begin to be erased starting on Jan. 1; 44,000 cannabis-related cases are expected to be fully or partially erased.

In addition, it was announced that the Clean Slate automated erasure system will be fully implemented in the second half of 2023.

What is the Clean Slate erasure system?

This erasure system is eligible for anyone who has not had a criminal conviction for seven or 10 years (depending on the conviction being erased), have completed sentences for all crimes convicted and met other eligible criteria, according to a release from the governor’s office.

The system is eligible on most misdemeanors, Class D and E felonies and “unclassified felonies with a possible prison sentence of five years or less.”

The bill for the system was passed in 2021. However, it faced opposition in its early stages as some lawmakers wanted to narrow the list of crimes eligible for expungement.

Before its passage into law, the erasing of a criminal record could only be done through a pardons application or submitting both an application and attending a hearing before the Connecticut Board of Pardons and Paroles.

As of now, more information on the program is forthcoming from the state.

Why is there a delay for the Clean Slate erasure system?

The Clean Slate erasure system was set to be implemented on Jan. 1, 2023, but Lamont announced that it wouldn’t be fully implemented until the second half of 2023.

Lamont also said in his address Tuesday that the large scale implementation of this system was “complex,” adding that the state has already invested more than $5 million on information technology upgrades.

How do I file a petition for a cannabis-related conviction?

According to the governor’s office, instructions for filing petitions will soon be provided on a state website.