Pursuant to Illinois House Bill 1438, as of January 1, 2020,
possessing cannabis is legal in Illinois, up to certain amounts. Part of the
same law that legalized cannabis also created ways to clear criminal records
related to cannabis. This is called expungement.
There are different ways to have your record expunged, depending
on what type of record you have.
Arrests for "minor cannabis offenses"
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 one 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 three 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 law enforcement record based on when you were arrested:
- Arrested
1/1/2013 or later: Record expunged by 1/1/2021.
- Arrested
between 1/1/2000 and 12/31/2012: Record expunged by 1/1/2023.
- Arrested
before 1/1/2000: Record expunged by 1/1/2025.
Note: This automatic expungement process for arrests does
not expunge court records. Court records related to filed charges will also
be expunged .
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 Will County State’s Attorney (or Attorney General)
will file a Petition requesting the records be expunged.
As of January 1, 2021 the Circuit Clerk’s office is working to
expunge over 1,600 records covered by the Order signed by Judge Kennedy
relating back to 1/1/2013. To check the
status of your expungement please contact our office at (815) 727-8592. To
request a copy of your Certificate of Disposition affirming your records were
expunged, please fill out the interactive document linked to the right.
Possessing or dealing convictions
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:
Eligibility to file Motion to Vacate and Expunge
Convicted
of this charge
|
Date
of conviction
|
Amount
of cannabis
|
Possession
of cannabis
|
8/13/1973
to 6/25/2019
|
500
grams or less
|
Attempt
possession of cannabis
|
8/15/1997
to 6/25/2019
|
2000
grams or less
|
Attempt
possession of cannabis
|
8/13/1973
to 8/14/1997
|
Any
amount
|
Manufacture/
delivery of cannabis with intent to manufacture/ deliver
|
9/24/1983
to 6/25/2019
|
30
grams or less
|
Attempt
manufacture/ delivery of cannabis
|
9/24/1983
to 6/25/2019
|
500
grams or less
|
In order to expunge your record in this category, you must file
a Motion to Vacate and Expunge in court. There are two ways
for this to happen:
- The
State's Attorney may do this for you, or
- You
can do it yourself. These forms are be available on our website.
Want more information?
New Leaf Illinois is a network of 20
non-profit organizations throughout the state who provide legal representation
and other resources to help individuals seeking to expunge cannabis convictions
from their records.
If you have a cannabis conviction in the State of Illinois and
want to find out more about your path to expungement, click here to go to the New
Leaf website and fill out a form, or call the New Leaf hotline at
(855)963-9532. You will answer some simple questions needed to review your
case. A legal professional will determine your options and let you know how the
New Leaf network can help. New Leaf services can include free legal
information, self-help instruction, document review and preparation, legal
consultation, and if available, referrals to a network of legal aid and pro
bono attorneys for in-court representation.
Information if you want to file on your own:
To learn more about cannabis expungement, the law and your rights,
visit Illinois
Legal Aid Online (ILAO). Here you can learn more about the different paths to
expungement, including forms, worksheets, informational videos and other
resources to pursue expungement on your own.