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Legal experts at the Senate Ways and Means Committee say the new law makes the decision largely moot, since the SJC clarified the 2018 law, but the Legislature has written a new law governing marijuana-related expungements.

The court ruling did not mention the 2022 law change. The court clarified that expungement should be done on a record-by-record basis, so if someone was convicted of a traffic violation and marijuana possession, documents related to the traffic stop could be kept in the record but redacted to remove references to marijuana. Georges added: “If no substantial countervailing concern is raised, judges must grant the petition for expungement if a concern is raised, judges who chose to deny motions for expungement in response to those concerns must make written findings as to the basis of their decisions.” The court concluded that people seeking to have records expunged for marijuana offenses that have since become legal “ are entitled to a strong presumption in favor of expungement,” and petitions may be denied “only if a significant countervailing concern is raised in opposition to the petition.” While the Legislature allowed some judicial authority, Georges wrote that “should not be understood as a grant of broad authority.” Instead, he said, a judge has discretion to account for “rare countervailing factors that the Legislature could not anticipate with precision.” The SJC, in a 28-page unanimous decision written by Justice Serge Georges, overruled the Boston judge, saying the judge abused his discretion. But a Boston Municipal Court judge denied both requests for expungement, finding that expunging the records was not “in the best interests of justice.” petitioned for expungement so the records would be eliminated, not just hidden from public view. But after the Legislature passed the criminal justice reform law, K.W. He pleaded guilty to three charges, including marijuana possession.

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He gave the police another person’s driver’s license and was found to be driving with a suspended license and in possession of two bags of marijuana. was a passenger in a car that was stopped for traffic violations, and a pat frisk found a small plastic bag of marijuana on him. K.W., as the petitioner is referred to in court documents, sought to expunge criminal records stemming from two arrests involving possession of small amounts of marijuana.

If the petitioner or district attorney requests a hearing, a judge must make written findings of fact why they are granting or denying the petition.Ī Supreme Judicial Court ruling issued Thursday related to a judge’s interpretation of the 2018 law. Charlie Baker signed in August removed that judicial discretion and said a court “shall” within 30 days of receiving a petition order the expungement of a record for marijuana possession, cultivation, or distribution of an amount of marijuana that has been decriminalized.

The law, however, gave judges discretion in deciding whether to grant an expungement based on “what is in the best interests of justice.” The 2018 criminal justice reform law let criminal records be expunged if the underlying conduct was no longer a crime – the main application being possession of small amounts of marijuana.

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