Collect information about your arrests, charges, and court results. Learn more about where to find your criminal records. Learn how to understand what is on your record. 

Look over your criminal records to confirm that you can vacate and expunge your cannabis conviction. To expungement of your group 3 cannabis record, you must have been 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.

If so, then you may be eligible to file a Motion to Vacate and Expunge with the court to clear your record. Continue to step 3. 

What if I do not qualify?

If you don’t qualify to vacate and expunge your cannabis conviction, you may still qualify under the normal expungement and sealing rules. All cannabis conviction records are eligible for sealing in Illinois. 

Use our cannabis expungement program to help you fill out the forms you will need to file. 

Check with your circuit clerk to see how to file in your county. You may be able to file: 

• in person, 
• by mail, or
• Electronically (“e-filing”). Learn more about e-filing in Illinois. 

Pay the filing fee. If you cannot afford to pay the filing fee, you can ask to file for free.

Keep one copy of the form that was stamped by the Circuit Clerk for your own records. This stamp is your proof that the form was filed with the court.

Ask the circuit clerk how the process works in your county. Some counties schedule a court date right away.  Others will only schedule a court date if the county State’s Attorney objects.

If there is a court date, a notice needs to be sent to the State's Attorney. Ask the circuit clerk if they do this for you. If they do not, you will need to do it. Fill out a Notice of Court Date and send it to the State's Attorney. 

If a court date is scheduled, prepare for your court date.  Do the following: 

• Write down specific negative results you may suffer if your request is denied. For example, denial or loss of a job or housing. 
• Be ready to tell the judge why clearing your record will help you. 
• Make copies of any court records that show you have an eligible cannabis conviction. This includes the court disposition or sentencing order. 
  • If your court date is by phone or video, contact the circuit clerk and ask how you can get a copy of these items to the judge. You might have to e-file them like your other documents.
• Gather and make copies of other documents you want the judge to see, like evidence of completion of a treatment program, letters of recommendation, proof of education, or diplomas.

Attend your court date, if one is scheduled. If you do not, your request could be denied.

Your court date could be done by phone or video. Or it could be in person. Ask your circuit clerk about this. Learn more about remote hearings.

The county State’s Attorney will be at your court date and could ask you questions about your case. You will have a chance to respond to any objections.

The judge will do one of three things: make a decision during the hearing, tell you that the decision will be sent to you in the mail, or set a new court for you to come back and find out the decision. 

If you do not receive a copy of the Order in court, the circuit clerk will mail you a copy of it. The Order will say whether your request was approved or denied.

If your request is approved:

• Send a copy of the Order to the Illinois State Police (ISP) and the law enforcement agency that arrested you. If you do not do this, your records will not be expunged. 
• Wait to receive a letter from ISP saying that they have expunged your record.
  • The ISP and other arresting agencies have 60 days to expunge your record. The time starts on the day they receive the order from you.

The ISP will also send a copy of the order to the Federal Bureau of Investigation (FBI). The FBI does not send confirmation that they have expunged your records. You may check that the FBI has expunged your records by getting an FBI background check.

Warning: it is very important that you keep a copy of the Order that you receive from the Circuit Clerk in a safe place. Once your arrests or cases are expunged or sealed, the court no longer has a court record for you, and it may be very difficult to get another copy of the Order.