BLOG

Governor Wes Moore of Maryland issued an Executive Clemency which pardoned more than 175,000 convictions for non-violent marijuana offenses.

About The Pardon

In June of 2024, Maryland’s Governor Wes Moore signed an Executive Clemency that was titled Full Pardons For Certain Convictions For Cannabis Possession. This applied to offenses related to personal cannabis use, which includes:

• An amount of cannabis that does not exceed 1.5 ounces.
• An amount of concentrated cannabis that does not exceed 12 grams.

The Executive document permitted a full pardon for misdemeanor cannabis possession charges. It further absolved anyone who had such records and exempted them from “any pains and penalties imposed upon them therefore by law.”

This pardon will cause affected records to be removed from criminal background check databases. However, those records will not automatically be expunged, which means they can still be in public court records. Residents who qualify for the pardon may, however, submit a request for expunction.

Marijuana Use Was Legalized

One of the biggest motivating factors behind the pardon is that marijuana use was legalized in 2023. This left thousands of people with criminal records for actions that were no longer illegal. According to the Executive Clemency, this contributed to factors which make it difficult for individuals who are trying to obtain employment, housing and educational opportunities.

The document affirmed no person should have to suffer the aftermath of a conviction for something that is no longer deemed a crime. Governor Moore spoke about the pardon: “I’m ecstatic that we have a real opportunity with what I’m signing to right a lot of historical wrongs.” He further noted that this was the most far-reaching and aggressive action taken to help address criminal justice inequities.

What Employers Should Know

Following the pardon, thousands of Maryland residents are expected to submit requests to have records expunged. Once that happens, those records may not be considered by employers who are making decisions about consumers.

One of the best ways to avoid inadvertently reviewing records that have been expunged is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). To become accredited, CRAs must undergo an audit from a third party and demonstrate that they follow reasonable procedures to only provide current, accurate and reportable data.

Running Background Checks

If your organization is in need of employment background checks, please contact us. Backgrounds Online is an accredited CRA with 25 years of experience as leader in the screening industry.

Our highly-trained and customer-focused team can help you customize screening packages based on your specific needs, applicable laws and industry regulations. We’re available to assist you Monday through Friday from 5am to 6pm PT.