What is cannabis expungement?

Part of the law that legalized cannabis (also known as weed or marijuana) created ways to clear criminal records for arrests and convictions involving cannabis. This is called expungement. There are different ways to have your record expunged, depending on what type of record you have.

What are the different cannabis record-clearing groups?

There are three cannabis record clearing groups: group 1, group 2, and group 3.

• You are in group 1 if you were arrested for minor cannabis offenses. You may qualify for automatic expungement of your arrest record if you fall in this group.
• You are in group 2 if you were convicted of minor cannabis offenses. You may qualify for automatic expungement, but the process is different.
• You are in group 3 if you were convicted of certain possession and dealing charges, depending on the amount and when the conviction happened. You may be able to file a motion to expunge your record if you fall in this group.

If you have cannabis arrests and convictions in multiple groups, each is expunged differently based on the recording clearing group it falls under.

If your cannabis-related offense does not fall under any of the groups above, you may be able to expunge or seal your record through the regular expungement process. 

What is considered a minor cannabis offense?

A minor cannabis offense means a violation for:

• Possession or dealing, 
• 30 grams or less,
• Before June 25, 2019. 

You cannot have been convicted of providing cannabis to someone under 18 who was at least 3 years younger than you. You also cannot have been arrested for a violent crime at the same time. 

How long does the automatic expungement of "Group 1" arrests take?

If your arrest qualifies for automatic expungement, your record will be reviewed based on when you were arrested.

• If you were arrested after December 31, 2012, the record should have been expunged by January 1, 2021.
• If you were arrested between January 1, 2000, and December 31, 2012, the record should be expunged by January 1, 2023.
• If you were arrested before January 1, 2000, the record should be expunged by January 1, 2025. 

Note: This only applies to police records. If a court case was started, there will also be court records. These will not be automatically expunged. You will still need to file an expungement case to have this happen.

What offenses qualify for "Group 3" expungement?

You are eligible to file a Motion to Vacate and Expunge with the court to clear your record if you were charged with one of the following: 

• Attempted possession of any amount of cannabis between August 13, 1973 and August 14, 1997,

• Attempted possession of 2000 grams or less of cannabis between August 15, 1997 and June 25, 2019,

• Possession of 500 grams or less of cannabis between August 13, 1973 and June 25, 2019,

• Manufacture, or delivery of cannabis with intent to manufacture or deliver 30 grams or less between September 24, 1983 and June 25, 2019, or

• Attempt to manufacture or delivery of 500 grams or less between September 24, 1983 and June 25, 2019.

Use our cannabis expungement easy form to prepare your documents. 

What if I have juvenile cannabis records?

You must be an adult to have your cannabis record expunged. Only adults can buy and use cannabis in Illinois. Please see our Juvenile records expungement worksheet for more information on how to expunge other offenses. 

What if I have arrests and convictions that are not cannabis-related?

You may be able to seal or expunge criminal records beyond those that qualify under the Cannabis laws. Whether you qualify for expungement or sealing depends on:

• What type of crime you were arrested or charged with,
• What happened in the case, and
• How much time has passed since it happened.

Learn how to expunge or seal your record. 

If you have both cannabis-related arrests and convictions and other criminal records, contact New Leaf Illinois for help.

Are there differences in Cook County for cannabis expungement?

In Cook County, Class A & B misdemeanor cannabis offenses and Class 4 felony cannabis offenses of under 30g qualify for automatic expungement. One year must have passed since the offense happened. Notice will be mailed by the clerk of the circuit court if your record is expunged. 

You are not eligible for automatic expungement if you committed a violent crime. You can file a motion to vacate and expunge these with the clerk of the circuit court.

Which agencies are involved in the cannabis expungement process?

If you were arrested for minor cannabis offenses and you qualify for automatic expungement, your record may be expunged by the police. 

If you were convicted of minor cannabis offenses and you qualify, your record may be expunged automatically. The record can go to the Prisoner Review Board (PRB). The PRB can then recommend that the Governor grant a pardon authorizing expungement. If the Governor does this, the Attorney General will file a petition in the county where you were convicted to have the record expunged. If granted, the circuit clerk will notify you and give you a copy of the order. 

In addition, the State’s attorney office can file a motion in the county where you were convicted to have the record expunged.

Will I be sent a notice if my cannabis record is expunged?

Yes. You should be sent a notice. It will be mailed to your last address on file with the circuit clerk. You can call the circuit clerk to update your address. 

Note: notice is not sent if your arrest for a minor cannabis offense is automatically expunged from police records. In those cases, you can request a certificate of disposition. This shows that the record was expunged.

If your cannabis offense was eligible for automatic expungement, it is a good idea to verify that it has been expunged. Use the Access and Review process to see a copy of your criminal record and confirm that the offense is no longer showing up. You should do this after the time for your record to be expunged has passed. Contact the Illinois State Police (ISP) if you have questions about the status of your arrest record expungement.

What is a motion to vacate and expunge?

It is the set of court forms used to clear eligible cannabis convictions, such as misdemeanor and class 4 felony convictions for Sections 4 and 5 of the Cannabis Control Act. 

You can download the blank court forms or use our cannabis expungement easy form to prepare the forms online.

Can I clear my cannabis record if I am not a citizen?

Clearing your record could impact your immigration status. Non-citizens should be careful.

Talk to a trusted immigration lawyer before taking action.

Clearing your record will usually not help your immigration application.

Do I have to tell my employer about my expunged or sealed cannabis record?

No. Most employers cannot ask about expunged or sealed records. They also cannot ask about arrests that didn’t lead to a conviction. They also cannot ask about juvenile records. There are exceptions. Employers in law enforcement or childcare can still ask about those records.

What is New Leaf Illinois and can they help me?

New Leaf Illinois is a network of 20 non-profit organizations. It helps individuals expunge cannabis convictions from their records. It provides legal representation and resources.

Services can include free legal information, self-help instruction, document review and preparation, legal consultation, and if available, referrals to a network of legal aid and pro bono attorneys for in court representation.

Visit www.newleafillinois.org or call (855) 963-9532. Answer questions about your cannabis case. A legal aid professional will get in touch with you. Services are free for income-eligible individuals.