Clearing arrests for "minor cannabis offenses" ("group 1")

Cannabis, or "weed," is legal in Illinois, as of January 1st, 2020. Part of the same law that legalized cannabis also created ways to clear cannabis offenses from your record. This is called expungement.

VIDEO: Learn more about clearing cannabis records.

Take Action: Learn how to clear a "group 1" minor cannabis arrest.

[no-lexicon]Arrests for "minor cannabis offenses"[/no-lexicon]

You qualify for automatic expungement of police records if you have an arrest for a [no-lexicon]"minor cannabis offense"[/no-lexicon] as an adult. This is called "Group 1."

A [no-lexicon]"minor cannabis offense"[/no-lexicon] is a charge:

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

It must be at least one year since the arrest. There must not have been any charges filed in court. Or, if there were charges filed, they must have been dismissed or vacated. You are also eligible if you were acquitted of the charges.

Also, you cannot have been charged with providing cannabis to someone under 18 who was at least 3 years younger than you. 

Finally, you cannot have been arrested for a violent crime at the same time you were arrested for the [no-lexicon]"minor cannabis offense."[/no-lexicon] This includes:

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

If all of the above is true, then the police will automatically clear your record based on when you were arrested:

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.

[no-lexicon]Convictions for "minor cannabis offenses"[/no-lexicon] ("group 2")

If you were convicted of a [no-lexicon]"minor cannabis offense"[/no-lexicon], you are in "group 2." your record may still be expunged automatically, but the process is different. Learn more about cannabis expungement and legalization.

Other cannabis offenses ("group 3")

If you were convicted of a different cannabis offense, you may still be eligible to file a motion to expunge your record. This is called "group 3." Learn more about cannabis expungement and legalization.

Source

Criminal Records Act 20 ILCS 2630/5.2