Clearing convictions for "minor cannabis offenses" ("group 2")

Cannabis, or "weed," is now 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 2" minor cannabis conviction. 

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

If you were convicted of a [no-lexicon]"minor cannabis offense,"[/no-lexicon] your record may be expunged automatically. This is called "group 2."

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

• 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. 

Finally, you cannot have been arrested for a violent crime at the same time you were convicted 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 you may be eligible to have your record expunged.

How does my record get expunged?

The Illinois State Police (ISP) provides the Prisoner Review Board (PRB) with a list of offenses eligible for a pardon.

If the offense was a class 4 felony, the State's Attorney is notified. They can file a written objection with the PRB. If so, there will be a non-public hearing.

The PRB decides whether to recommend a pardon. If so, they tell the Governor.

The Governor decides whether to pardon you. If so, the PRB tells the Attorney General.

The Attorney General files a request to expunge your record with the circuit clerk.

The circuit clerk expunges the record, and sends the order to the police to do the same.

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

Yes. The circuit clerk will send you a notice. 

However, they will send it to the last address on file for you. This could be very old. 

You should contact the circuit clerk of the county where you were convicted. You can then give them your new address.

[no-lexicon]Arrests for "minor cannabis offenses"[/no-lexicon] ("group 1")

If you were arrested, but not convicted, the process is different. This is called "group 1." Learn more about cannabis expungement and legalization.

Other cannabis offenses ("group 3")

If you were convicted of a different cannabis offense, you may be still 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