Connecticut Supreme Court Says Marijuana Convictions Can Be Erased

Author: David B. Weisenfeld, XpertHR Legal Editor

March 20, 2015

The Connecticut Supreme Court has ruled 7-0 that persons convicted of possessing less than one-half ounce of marijuana have the right to get those convictions erased. Writing for the Court, Justice Carmen Espinosa said, "This is not the sort of the conduct to which society attaches substantial moral opprobrium," adding that it should not be taken into account when making important decisions such as hiring an employee.

The result in Connecticut v. Menditto means that thousands of job applicants previously arrested for marijuana possession may petition for a court order so that records relating to those charges are destroyed and will not be visible during a background check.

In its ruling, the Court held that Connecticut had decriminalized small quantities of marijuana possession in 2011 when the state legislature replaced criminal sanctions with civil fines. The Court reasoned that Connecticut's legislature did not intend for persons convicted of minor civil violations to suffer the negative repercussions associated with having a criminal record.

With its 2011 action, the state legislature reduced the penalty for a first offense of marijuana possession from a fine of up to $1,000 and/or imprisonment of up to one year to a fine of $150. The penalties for subsequent offenses also were reduced.

Marijuana possession remains illegal under federal law. However, 18 states have passed laws decriminalizing marijuana. These laws generally treat the possession of small amounts for personal use akin to a parking ticket.

Connecticut is one of 23 states that have legalized medical marijuana use to treat serious health conditions. The Connecticut law bans employers from refusing to hire a job applicant or from firing an employee based solely on that person's status as a "qualifying patient." The measure also extends job protections to primary caregivers who are managing the care of a qualifying medical marijuana patient.

In the Menditto case, the defendant claimed he was using marijuana for medicinal reasons but that issue was not before the Connecticut Supreme Court.

Last year, a Colorado appellate court ruled in a first-of-its-kind case that persons convicted of possessing less than one ounce of marijuana could ask for those records to be thrown out retroactively under the state law that legalized recreational marijuana use. With an increasing number of states weighing legalization measures, courts elsewhere are likely to face similar issues in the near future.