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The Governor announced that Oregon legislators will pardon and expunge criminal records for lower-level marijuana offenses.

About The Pardon

Oregon’s Governor Kate Brown announced the state will pardon more than 45,000 marijuana-related convictions. This will be applied to offenses for possession of 1 ounce or less of marijuana for cases that occurred prior to 2016 in which:

• The person was 21 years or older.
• There were no other charges.
• There were no victims.

Governor Brown’s pardon was issued on November 21, 2022. Circuit courts in each county will seal the pardoned convictions and then they will be unavailable to the public. As part of this process, the state will also forgive more than $14,000,000 in fines and fees. Learn more.

What Prompted This Action

In October 2022, President Joseph Biden pardoned federal convictions for simple marijuana possession offenses. Biden encouraged Governors throughout the United States to do the same. Governor Brown hopes that by issuing pardons in her state, Oregonians will gain new opportunities to find housing, employment and other necessities.

The Governor said: “We are a state, and a nation, of second chances. Today, I am taking steps to right the wrongs of a flawed, inequitable, and outdated criminal justice system in Oregon when it comes to personal marijuana possession. For the estimated 45,000 individuals who are receiving a pardon for prior state convictions of marijuana possession, this action will help relieve the collateral consequences arising from these convictions.”

Brown also noted that simple marijuana possession is no longer a criminal offense in Oregon and that “Black and Latina people have been arrested, prosecuted, and convicted at disproportionate rates.”

What Oregonians Should Know

Employers in Oregon should be aware of this pardon and know they may not consider convictions that have been sealed. Once a criminal record is expunged, it cannot be used by organizations to help them make decisions about consumers.

The pardon only applies to state-level convictions. According to a press release, this is because the Oregon Judicial Department does not have access to locally operated city and county municipal or justice court records. Individuals may contact the courthouse where their case was heard to find out if expunction might be an option.

Need Background Checks?

A comprehensive background check provides the information employers need to make informed decisions, maintain safe workplaces and complete their due diligence process. These reports show hiring managers if an applicant has a criminal record of which they should be aware but do not contain records that have been sealed. They can also divulge if a seemingly qualified candidate has the education, employment history and licenses or credentials that are required for any position.

If your business needs background checks for potential employees, volunteers or contractors, please contact us. Our experienced team can customize screening packages for your specific needs and to comply with applicable laws and industry regulations. We are available to assist you Monday through Friday from 5am to 6pm PT.