Casey is a 27 year old who lives in Peoria, IL with her mom and younger brother. She has a bachelor’s degree but has struggled to find steady work because of some things that happened in her past. She wants to move out and find a place to live on her own, but needs more income to make that happen.
When she heard that Illinois was changing the law to make it so that people with cannabis records could get them cleared, she was excited to see if she qualified. She feels like getting rid of her criminal record could really help her find a better paying job.
Read Casey’s story to learn how she turned over a New Leaf.
Note: This story is fictional, but is based on real issues faced by people in Illinois.
We know a cannabis conviction doesn’t define you. With New Leaf Illinois, you can set the record straight and turn over a new leaf for your life.
While weed is legal in Illinois, there are still a number of areas of your life that can be impacted.
Whether your story is similar to Casey’s or not, know that help is available now. The New Leaf network was created to help people exercise their rights under the law in Illinois.
Casey has just graduated high school and is excited to go to University of Illinois in the fall. She is at a Fourth of July party at a friend’s house. Someone there who Casey just met convinces Casey to hold onto a joint for them while they go to pick up more fireworks. Just then, the police arrive because they got reports of underage drinking and marijuana smoking from a neighbor. They search Casey because of the smell of marijuana smoke in the air. They find the joint and arrest her.
Even though Casey was not smoking, and the joint was not hers, she was still arrested because she had it on her possession. This arrest record is the first part of her criminal record. The arresting agency (the Police Department) creates a file for her with her fingerprints and mugshot.
Learn more about how the police can use mugshots and criminal history.
Casey is worried about what will happen to her because of her interaction with the police. However, she is told by the States Attorney that they have decided to drop her case since it was a first-time offense.
The fact that the State’s Attorney decided not to press charges against Casey means that she will not have a conviction on her record. However, a court case might have been started. That means there might be a court record too. Even though it says that the charges were dropped, the court record is public and could be seen by employers.
Learn how employers can use arrest records during interviews and applications.
Casey is playing goalkeeper in a soccer game in a coed league she has joined at school. She dives to make a save and hits her head on the goal post. She is diagnosed with a Traumatic Brain Injury. Later, her doctor asks her if she is interested in trying marijuana to help with the ongoing pain she is experiencing. Casey prefers natural medicines over pharmaceuticals so she says yes. Her doctor helps her get a prescription to use marijuana under the state’s Compassionate Use of Medical Cannabis program.
Marijuana has been legal for certain medical purposes in Illinois since 2014. This program still exists today even though marijuana is now legal for recreational use.
Learn more about medical marijuana.
Casey is getting ready to graduate. She plans to do a year of service with AmeriCorps. She is passionate about nutrition and food and wants to serve in another community where she can help connect people to free resources like food banks and community gardens.
Casey is on her way to her way back from studying for finals at a friend’s house one night. She is pulled over for not using her signal to change lanes. The officer says she smells marijuana, which is when Casey remembers she forgot to put the marijuana she picked up at the dispensary in her house after she bought it, so it’s been sitting in her back seat. She tells the officer that she has a medical marijuana card to use it legally, but she arrests her anyway.
There are rules about when a police officer can and can’t search you. But if you consent to the search, it is legal. Learn more about when the police can search your car.
Casey is concerned about her arrest but assumes that everything will be OK. She feels like she didn’t do anything really wrong, she just forgot to carry her card with her. However, she finds out that the State’s Attorney has decided to press charges against her because this is her second offense. She decides to hire an attorney to defend her case, but she is convicted anyway.
She has to pay a fine and spend some time in jail. She is able to still graduate but she is no longer able to do her year of service. Instead, she has to try and find a job to help pay for her legal fees and fines. But she finds that the conviction on her record makes it very difficult to find a job, even with a college degree. She moves back in with her mom and little brother.
A conviction on your record, even for a misdemeanor, can cause major problems down the road.
Learn more about how getting a job can be more difficult with a criminal record:
Casey finally gets a job working at a warehouse. She is hopeful that her new income will help her get her own place to live. But she finds that her criminal record is also getting in the way of her being approved for an apartment. She tries to explain to the landlords about the situation but they refuse to hear her out. They stop responding to her emails and text messages as soon as they learn about her conviction.
Many landlords run criminal background checks on potential tenants. There are laws in some areas that put limits on this, like the City of Champaign or Cook County.
Casey eventually finds housing, although it is farther away from her family and work than she would have liked. She also has to live with several roommates. One of them sells marijuana, and it is easier for Casey to buy it from them than at the dispensary. So after a while, she stops renewing her medical card. One day, the police come to the house with a warrant to search based on reports of drug dealing. Casey had just bought a few bags of marijuana from her roommate and they are in her room when the police search. The amount was only 14 ounces, but because it was broken up into four bags of 3.5 ounces each, she was charged with possession with intent to deliver. Based on her prior history, the State’s Attorney was able to convict her of that charge. She again had to pay fines and spend time in jail.
The rules for police searches of homes are different from cars. Learn more about when the police can search your home.
Casey gets out of jail and struggles to get her life back together. She briefly looks into getting her criminal record cleared, but it seems too confusing for her to do and she doesn’t want to spend more money on an attorney.
There are laws in Illinois that help people clear their records. Expungement is when a record is erased. Sealing is when it is hidden from the public. But it can be confusing to find out if your record qualifies. Learn more about expungement and sealing.
Casey knows that Illinois has legalized marijuana, and that there are some new rules to help people with cannabis records. But she is too busy and stressed to figure it all out. Then she hears about the New Leaf network. She goes to the website and gets connected with an attorney who talks with her about her record.
The attorney explains that her three different offenses fall into three different groups under the new law. The attorney helps explain to her that her first offense is a minor cannabis arrest, which will be automatically expunged. Her second offense was a minor cannabis conviction. It will be sent to the Prisoner Review Board. They could recommend that the Governor give her a pardon. This would lead to the record being expunged. Her third offense was a regular cannabis conviction. She can file a motion with the court to have it vacated and expunged.
But the attorney advised her not to wait, and to file to expunge all three of the offenses now so that she can get relief quicker. This will help Casey turn over a new leaf in her life and move on from her record that has been holding her back.
There are new rules to help people with cannabis records. Minor cannabis offenses could be expunged automatically, but it’s best not to wait. You can talk to an attorney or file to expunge them yourself. Learn more about clearing your cannabis record, and use our toolbox to get started.
Cannabis Control Act 720 ILCS 550/4
Criminal Identification Act 20 ILCS 2630/5.2