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Illinois Cannabis Expungement Guide

Posted by Robert S. Alexander | Aug 21, 2020 | 0 Comments

Do I qualify for automatic expungement for cannabis violations?

You qualify for automatic expungement if you have an arrest record but were never convicted for carrying up to 30 grams (approximately one ounce) of cannabis.

When will my cannabis arrests be expunged?

These are the legally mandated deadlines for automatic expungements for cannabis possession:

–Records between 2013-present, will be expunged before Jan. 1, 2021

–Records between 2000-2013, will expunged before Jan. 1, 2023

–Records before 2000, will expunged before Jan. 1, 2025

Do I qualify for expungement if I was convicted of possessing cannabis?

Yes, if you were convicted of a cannabis-related crime involving less than 30 grams (approximately one ounc) of cannabis and it was not connected to a violent offense.

How long will it take to expunge eligible cannabis convictions?

State officials have not set a timeline for automatic expungements of eligible convictions, but it could take up to a year. 106,000 eligible records have been sent to the Prisoner Review Board, which will recommend pardons for these convictions. Cook County is working with Code for America to use a special program to identify eligible convictions and the state's attorney will file motions to vacate and expunge these convictions.

What if I don't qualify for an automatic expungement?

You can file a petition to have your record expunged if you have a conviction for a crime relating to 30-500 grams of cannabis.

What can I do if I have a conviction for more than 500 grams of cannabis?

As with any eligible conviction, you can petition to have this type of conviction sealed so it will no longer appear on your criminal record.

Need help? Contact Vanguard Advocates at Vanguard420.com or Cabrini Green Legal Aid's step-by-step guide “How to File a Petition for Criminal Records Relief” https://www.cgla.net/faqs-1

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