Is My Marijuana-Related Charge Eligible for Expungement in Illinois?

 Posted on January 05, 2021 in Expungement

Beginning in early 2020, the state of Illinois legalized the sale, purchase, and use of recreational marijuana, effectively decriminalizing the substance in most situations. The Cannabis Regulation and Tax Act (CRTA) made it legal for most adults over the age of 21 to consume, sell, or purchase cannabis. The Act also contained important legislation detailing the process and timeframe for expungement, sealing, or pardoning of eligible marijuana-related criminal records. Now more than one year later, nearly 500,000 non-felony marijuana-related arrest records have been expunged. Expungement of your prior cannabis-related arrest records can have a very positive effect on your life. 

Expungements and Pardons

In Illinois, there is usually a pretty strict process with fairly tough requirements when it comes to getting a criminal record expunged or pardoned by the governor. However, with the passing of the CRTA, hundreds of thousands of criminal records became eligible for expungement or pardoning across the state.

The requirements and other specifics of the expungement process depend largely on the type of offense you have and whether or not you were convicted of that offense. Your arrest record for a “minor cannabis offense” may qualify for automatic expungement if the amount of cannabis involved was 30 grams or less, at least one year has passed since the arrest, and there have not been any charges filed against you in court.

If you were convicted of a “minor cannabis offense,” you still might qualify for automatic expungement; however, it would be a long process. For convictions, the Prisoner Review Board (PRB) will make a recommendation to the governor that he or she grants a pardon which would authorize the expungement of the record.

Contact a Rolling Meadows, IL Expungement Lawyer for Help

In today’s world, it is more important than ever to ensure your public and professional image are as unscathed as possible. If you were arrested for, charged with, or convicted of a cannabis-related crime, you may be eligible to have your criminal record either expunged or pardoned, though it may not be automatic. Scott F. Anderson, Attorney at Law can answer any questions you may have about the expungement process in Illinois, whether it is related to a marijuana charge or another criminal offense. To schedule a free consultation with our skilled Arlington Heights, IL expungement attorney, call our office today at 847-253-3400.

Sources:

https://www2.illinois.gov/Pages/news-item.aspx?ReleaseID=22566

https://www2.illinois.gov/osad/Expungement/Pages/Cannabis-Expungement.aspx

https://wgem.com/2020/12/31/nearly-500k-marijuana-arrest-records-expunged-in-illinois/

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3992&ChapterID=35