If marijuana ever became legal. would peoples criminal records be cleared?

United States
May 28, 2010 8:09am CST
if they ever legalized marijuana for non medical use would the people that got busted and jailed or arrested for possession get their records cleared? i mean it would be kind of messed up to have a criminal record following you around for something that is legal now.. anyone know? i mean yeah its probably never going to happen but what about people that even get it for medical reasons now that were getting it before their had an Rx for pain?
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8 responses
@cupkitties (7421)
• United States
29 May 10
No they keep that stuff there as far as I know. I'm still recorded as suspect in breaking a fire truck window even though it wasn't me and that was in 2nd grade. If they did clear those records I'd hope its for those who need it for medicinal purposes only.
1 person likes this
• United States
12 Jul 10
thats messed up you still have that. i thought once you turned 18 the records were sealed?!?
• United States
29 May 10
That's a tricky one moon. I don't believe that their records would be cleared. Not mention that would be alot of people. As far as the people that get it for medical reasons, I would think that they would still have the criminal charges because they were breaking the law regardless of the reason at that time. Also the state makes so much money from these arrests and if you start clearing records, I have no doubt there would be lawsuits launched soon after.
• United States
12 Jul 10
hopefully it wouldnt be held against the person as much as far as applying for things since it would be legal
@earthsong (589)
• United States
29 May 10
That's a really interesting question, and one I never thought about. I would guess that they probably wouldn't be cleared since the conviction came before it was legal. But I would bet that some people would manage to get it cleared, especially if they were convicted soon before it was legalized. Really good one!
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@danoluma (817)
• Kenya
28 May 10
Wow, that is a tricky one, I guess the state would pardon them but the criminal records won't be cleared because at the time they used it, it was illegal, so in away they broke the law.
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• United States
12 Jul 10
i wonder if employment wold hold it against them like they do now though?
@neildc (17239)
• Lapu-Lapu City, Philippines
28 May 10
i don't think the present law will erase the records of the previous law. if someone had been charged and convicted or something when the law says it is illegal at that time, the records will remain records even if another law will legalize using or possessing the said prohibited stuff.
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• United States
12 Jul 10
i wonder if it will affect like when they apply for jobs though.. some places dont want to hire people with any record
@bryanwmc (1051)
• Malaysia
28 May 10
Dont think that works that way,has to depend on when the offence was commited,in principle if someone were busted during the time when it wasnt legal,law is the law,so its like,it was illegal then so do d crime ,gotta pay d fine or do d time ,i suppose it all in the timing,unless d legislators or lawmakers specifically pushes this item into law.word for word,
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• United States
12 Jul 10
yeah it could be up to how they word it
@Iram786 (498)
28 May 10
I would think not because they were using it while it was still illegal and so they still broke the law at that time.
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@esjosh (912)
• India
29 May 10
Hey I think you must be there in the ministry of parliament......
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