Cannabis is now legal in Illinois, as of January 1st, 2020. Part of the same law that legalized cannabis also created ways to clear criminal records for cannabis. This is called expungement.
There are different ways to have your record expunged, depending on what type of record you have.
VIDEO: Learn more about clearing cannabis records.
[no-lexicon]Arrests for "minor cannabis offenses"[/no-lexicon]
You qualify for automatic expungement of police records if you have an arrest as an adult for a “minor cannabis offense,” which is:
- For possession or dealing,
- 30 grams or less,
- Before June 25, 2019.
It must be at least 1 year since the arrest. There must not have been any charges filed in court. Or, the charges must have been dismissed or vacated, or you were acquitted.
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.
If all of this is true, the police will automatically remove your record based on when you were arrested:
- Arrested 1/1/13 or later: Record expunged by 1/1/21
- Arrested between 1/1/00 and 12/31/12: Record expunged by 1/1/23
- Arrested before 1/1/00: Record expunged by 1/1/25
Note: This automatic expungement process for arrests does not expunge court records. You will still need to file an expungement case to have this happen.
Convictions for "minor cannabis offenses"
If you were convicted of a "minor cannabis offense" (see above), your record may still be expunged automatically. But it is a longer process.
The record will 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 must then notify you and give you a copy of the order expunging your record. You must tell the circuit clerk if your address has changed since your case happened.
Possessing or dealing
If your conviction was for possession of 500 grams or less, or dealing of less than 30 grams, you can still have your record expunged. The date of the conviction matters, too. Use the table below to see if you qualify:
| Charge convicted of | Date | amount of cannabis |
|---|---|---|
| Possession of cannabis | 8/13/73 to 6/25/19 | 500 grams or less |
| Attempted possession of cannabis | 8/15/97 to 6/25/19 | 2000 grams or less |
| Attempted possession of cannabis | 8/13/73 to 8/14/97 | Any amount |
| Manufacture/delivery of cannabis or possession with intent to manufacture/deliver | 9/24/83 to 6/25/19 | 30 grams or less |
| Attempted manufacture/delivery of cannabis | 9/24/83 to 6/25/19 | 500 grams or less |
A Motion to Vacate and Expunge will have to be filed in court. There are two ways this can happen:
- The State’s Attorney may do this for you, or
- You can do it for yourself.
Learn more about Preparing, filing, and presenting motions in court.
Other offenses
Even if you don’t fall into any of the above, you may still qualify under the normal expungement and sealing rules. Learn more about Criminal offenses that can be expunged or sealed.
Source
Criminal Records Act 20 ILCS 2630/5.2
If you have a cannabis conviction, or a complicated case, there are free lawyers who can help. Apply for help below or call (855) 963-9532.
New Leaf Illinois is a statewide, state-funded initiative made up of 20 non-profit organizations throughout Illinois who provide free legal representation or legal information to people who want their cannabis convictions off their record.
We know the legal system can seem intimidating. New Leaf is here to help each step of the way.