To qualify for the automatic expungement, you must have a minor cannabis offense arrest. This means a violation for:

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

Also, the arrest must have:

• Happened at least 3 years ago,
• Not resulted in charges,
• Resulted in charges that were dismissed or vacated, or
• Resulted in charges, but you were acquitted.

This does not include arrests outside sections 4 and 5 of the Cannabis Control Act, like:

• Delivery on school grounds,
• Cannabis trafficking, or 
• Possession of cannabis plants.

Also, you must not have:

• Given cannabis to someone under 18 who was at least 3 years younger than you, or
• Been arrested for a violent crime in the same case as the cannabis charges.

Violent crimes include:

• Any felony where force or threat of force was used,
• Any offense involving sexual conduct,
• Child pornography or revenge pornography,
• Domestic battery or stalking,
• Violating an Order of Protection, 
• Any misdemeanor that results in death or major injury, and
• Involuntary manslaughter or reckless homicide.

How do I know what is on my record?

If you do not know what's on your criminal record, you may want to get a copy of your criminal records. Learn how to get copies of your criminal records. Learn how to understand what is on your record. 

Law enforcement should automatically clear your record based on when you were arrested. If your arrest qualifies, here's what to expect: 

• 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 must file a request to expunge them with the circuit clerk. See step 4 below for more information. 

You should receive notice in the mail when your police record is expunged. It will go to the last known address listed with the court clerk. If you moved, call the county clerk to update your address. 

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 can 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.

The automatic expungement process for arrests does not expunge court records. Expunge the court record using a Request to Expunge and Impound and/or Seal. 

Find more information on expunging your court record. Use our criminal record expungement easy form to prepare your forms.