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Jailed for a Crime That No Longer Exists? How Law Changes Impact Convictions

Published on February 19, 2025, by InmateAid

Table of Contents

Introduction

The American legal system is constantly evolving, with laws being repealed, amended, or overturned based on new evidence, shifting societal values, and political changes. While legislative reforms often focus on future cases, thousands of people remain incarcerated or burdened with criminal records for offenses that no longer exist or have been decriminalized.

From marijuana legalization to the overturning of outdated statutes, this article explores how changing laws impact those already convicted, the challenges of retroactive justice, and the fight to correct past legal wrongs.

How Can a Crime Stop Being a Crime?

Throughout history, behaviors once considered criminal have become legal or decriminalized due to changing cultural attitudes, scientific advancements, and legal challenges. Some of the most common ways this happens include:

  • Legislative Reform. Laws are repealed or rewritten by state and federal lawmakers. An example is cannabis legalization.
  • Supreme Court Rulings. A court decision can strike down a law as unconstitutional. An example is sodomy laws being invalidated by Lawrence v. Texas in 2003.
  • Scientific Evidence. Advances in forensic science can lead to new laws invalidating past convictions. An example is flawed bite-mark evidence.
  • Public Pressure and Social Change. Movements can lead to laws being repealed or revised. An example is the legalization of same-sex marriage.

Despite these legal changes, thousands of people remain incarcerated or struggle with criminal records for offenses that no longer exist under the law.

Major Examples of Outdated or Overturned Laws That Still Affect People

Marijuana Legalization and Drug Convictions

One of the biggest legal shifts in recent history has been the decriminalization and legalization of marijuana. As of 2025, multiple states have fully legalized recreational cannabis, and many more have reduced penalties for possession.

Yet, tens of thousands of individuals remain incarcerated or carry criminal records for non-violent marijuana offenses that are no longer illegal.

Many states legalized marijuana without automatically expunging past convictions. Federal law still classifies marijuana as a Schedule I drug, creating contradictions in sentencing. People with drug felonies face lifelong consequences, including voting restrictions, housing barriers, and employment difficulties.

Some states, including California, Illinois, and New York, have automatic expungement laws, clearing records of past cannabis offenses. In 2022, President Biden pardoned thousands of federal marijuana possession convictions, but state-level charges still remain a challenge.

Overturned Sodomy Laws and LGBTQ Convictions

For decades, many states criminalized same-sex relationships through sodomy laws, leading to arrests and criminal records for LGBTQ individuals.

Even after the Supreme Court’s 2003 ruling in Lawrence v. Texas declared sodomy laws unconstitutional, many states did not remove them from their books. As a result, people convicted under these laws still carry criminal records. Some states never granted automatic expungements, forcing individuals to petition the courts for relief.

Several states, including Virginia and Utah, have passed laws to expunge sodomy-related convictions. However, other states have been slow to act, leaving individuals branded as criminals for acts that are no longer illegal.

Evolving Science and Wrongful Convictions

As forensic science advances, methods once considered reliable evidence such as bite-mark analysis, polygraph tests, and eyewitness testimony have been debunked.

Bite-mark evidence led to hundreds of wrongful convictions, later proven scientifically unreliable. False confessions under coercion led to overturned cases, yet many remain incarcerated. DNA testing has exonerated over 375 individuals in the U S since 1989.

Despite advances in forensic science, people convicted on outdated evidence often remain in prison due to prosecutors resisting appeals to uphold past convictions, judges requiring new evidence standards that make it difficult to overturn cases, and a lack of funding for reexamining old cases.

What Happens to People with Convictions for Repealed Laws?

Unfortunately, just because a law is overturned or repealed does not mean a conviction automatically disappears. Individuals must often take legal action to clear their records, which can be a long and expensive process.

Many states do not automatically clear past convictions, even when laws change. Individuals must file expungement petitions, which can take months or years. Many affected individuals do not even know they are eligible for record relief. Legal services for expungements and appeals are limited in many states. Even when laws are repealed, past convictions still impact employment, housing, and civil rights.

An individual convicted of minor marijuana possession in 1995 may have faced a felony charge that still affects their ability to get a job or housing, even though the law no longer criminalizes possession.

The Fight for Retroactive Justice: Expungement and Record Sealing

As more laws change, legal advocates are pushing for automatic expungements to ensure people are not punished for crimes that no longer exist.

Some states, such as Illinois and California, have led the way in automatically clearing thousands of past drug convictions, removing sodomy convictions from criminal records, and funding legal aid to help with expungement processes.

However, in many states, individuals must file paperwork, hire attorneys, and wait for a court ruling to clear their records, a process that can take years.

FAQs on Expungement and Changing Laws

  1. If a law is overturned, does my conviction automatically disappear?
    No, convictions do not automatically disappear when a law is repealed. Individuals typically must file for expungement, record sealing, or a pardon to have their conviction removed.

  2. Can I have my record cleared if I was convicted of a marijuana-related offense?
    It depends on the state. Some states, like California, Illinois, and New York, have automatic expungement for past marijuana offenses, while others require individuals to petition the court for record clearing.

  3. What is the difference between expungement and record sealing?
    Expungement removes the record from public access while sealing hides it from most background checks but remains accessible to law enforcement.

  4. How do I know if I qualify for expungement?
    Expungement eligibility varies by state. Generally, you may qualify if your case was dismissed, resulted in acquittal, or your offense has been decriminalized.

  5. How long does the expungement process take?
    The process varies, but it typically takes three to twelve months, depending on court backlog, case complexity, and whether a hearing is required.

  6. Does expungement restore my gun rights?
    Not always. Some states restore firearm rights after expungement, while others require separate legal action to regain those rights.

  7. If my record is sealed, can employers still see it?
    Most private employers cannot access sealed records, but law enforcement agencies, government employers, and certain professional licensing boards may still view them.

  8. What if I was convicted of a felony that is no longer a crime?
    You may be eligible for retroactive relief, such as expungement or record sealing, resentencing under a new law, or a commutation of sentence.

  9. Do I need a lawyer to get my record expunged?
    Not always, but hiring a lawyer can speed up the process and increase your chances of approval. Some states offer free expungement services for low-income individuals.

  10. Where can I find help to clear my record?

Final Thoughts: The Push for Retroactive Justice

Changing laws should mean changing outcomes, but for thousands of individuals, outdated convictions continue to impact their lives long after the laws have changed. While some states are taking action, many still require individuals to navigate complex legal systems to have their records cleared.

True justice is not just about changing laws, it is about correcting the harm they have already caused