DC Marijuana Expungement: How to Clear a Cannabis Possession Record

Why Cannabis Records Qualify for Immediate Expungement

When DC decriminalized or legalized simple marijuana possession, records for conduct before February 15, 2015 did not automatically disappear. Those records continued showing up on background checks, blocking jobs and housing.

The Second Chance Amendment Act of 2022 addressed this directly. Under D.C. Code § 16-802, records for offenses that have been decriminalized or legalized qualify for automatic expungement — not just sealing, but full expungement. That means physical and electronic public references to the arrest or conviction must be eliminated, and you're legally restored to your pre-arrest status.

The automatic route has no waiting period, and an immediate by-motion route is available under D.C. Code § 16-803.02.

Expungement vs. Sealing for Cannabis Cases

This distinction matters. Regular record sealing removes a record from public view but keeps it in a restricted file accessible to courts, prosecutors, law enforcement, and certain licensing boards. Expungement goes further — it eliminates the record's public existence entirely. After expungement, you cannot be held guilty of perjury for failing to disclose the expunged matter for any purpose.

For the automatic route, cannabis cases that resulted in arrests or convictions for qualifying conduct fall into the expungement category, not the sealing category. This gives you stronger protection than someone sealing a different type of misdemeanor.

How to File

Step 1: Get your records. Visit the MPD Records Branch at 300 Indiana Avenue NW, Room 1075, with a government photo ID, your Social Security Number, and $7. Request the Arrest History Report for Purposes of the Criminal Record Sealing Act. Then check your court docket at DC Superior Court, Room 4001.

Step 2: Confirm the charge qualifies. The offense must be conduct that is now legal or decriminalized in DC. Simple possession of marijuana (2 ounces or less) is the most common qualifying offense. Possession with intent to distribute, distribution, or other drug offenses beyond simple possession do not qualify under this pathway.

Step 3: File the applicable motion under D.C. Code § 16-803.02. List the specific case, docket number, and disposition. There's no filing fee.

Step 4: Serve the prosecutor. Send a copy to the USAO at 555 4th Street NW (for federal DC Code offenses) or the OAG at 441 4th Street NW (for local offenses).

What Doesn't Qualify Under This Pathway

Not every marijuana-related offense qualifies for expungement under the decriminalization route:

• Possession with intent to distribute — still a criminal offense in DC, not decriminalized
• Distribution or sale — not covered by Initiative 71's legalization of personal possession
• Possession over 2 ounces — quantities above the legal personal-use threshold remain criminal
• Federal marijuana charges — if the arrest was by a federal agency (DEA, U.S. Park Police) and prosecuted in U.S. District Court for DC, a DC Superior Court expungement order has no jurisdiction

For these non-qualifying offenses, the standard record sealing pathway (by-motion, with applicable waiting periods) may still be available, depending on the specific charge and outcome.

What About the Automatic Pathway?

Yes, decriminalized offenses are also scheduled for automatic expungement when the October 2027 provisions take effect. But that system is not operational yet, and the federal repeal bill (H.R. 5242) introduces uncertainty about whether the automatic provisions will survive.

Filing a by-motion petition now takes advantage of the active March 2025 rules and produces a court order that stands regardless of what happens legislatively. Given there's no waiting period and no filing fee, there's little reason to leave a cannabis record exposed for another 12+ months.

The District of Columbia Expungement & Record Sealing Guide covers the marijuana expungement pathway alongside all other case types, with step-by-step filing instructions and the forms you need to get started.

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