Can I Expunge My Marijuana Conviction?

Beginning next month (Jan. 1, 2020), if you are at least 21 years old, you will be allowed to purchase up to 30 grams of marijuana from a licensed dispensary in Illinois. The Illinois law that decriminalizes small amounts of marijuana also contains provisions allowing people to expunge their old marijuana arrests and some convictions.

Marijuana Arrests

For those previously arrested but not convicted of possessing or distributing up to 30 grams of pot in Illinois, these arrest records will be automatically expunged by the Illinois State Police (ISP) and the arresting police department. However, if you want to remove the court record of the case, you will still have to file a petition to expunge to eliminate that record.

Currently, no filing or processing fees are required if you file a petition to expunge in Cook County through December 31, 2020. The standard filing and processing fees remain in effect everywhere else.

An arrest or conviction that has been expunged is erased from records maintained by the ISP and FBI -- the state and federal agencies responsible for maintaining criminal record information in Illinois and elsewhere.

Marijuana Convictions

Minor Offenses

If you’ve been convicted of possessing or distributing up to 30 grams of pot you will be eligible to ask an Illinois judge to expunge these convictions beginning in 2020.

Because these convictions involve no more than 30 grams – the amount being legalized – the hope is that most judges will not be opposed to expunging these records.   

Mid-Level Offenses

For more serious offenses – possessing or distributing between 30 and 500 grams of pot – individuals will be permitted to ask a judge to vacate and expunge these convictions. These mid-level convictions include misdemeanor and felony offenses.

Petitioning to expunge these convictions will be subject to the same review process other petitions to expunge or seal face. Local prosecutors can object to the petition and judges have the sole authority to grant or deny the petition.

Before you request expungement for any of these offenses, you will first need to ask a judge to vacate your conviction.

Cook County State’s Attorney’s Initiative

Cook County State’s Attorney (SAO) Kim Foxx has decided her office will file requests to vacate and expunge all eligible Cook County minor pot convictions. In October, the SAO had identified up to 18,000 expungement-eligible convictions.

To date, the Cook County SAO is the only county prosecutor to establish such a program to help people expunge these convictions. For individuals with eligible convictions in other counties or mid-level offenses in Cook County, you will have to file the necessary paperwork (motion to vacate conviction and petition to expunge) yourself.

A combined motion to vacate and petition to expunge form is in the process of being drafted. Once available, this form will eliminate the need to file several court forms.

Call to Action

If you believe you have an eligible pot conviction on your record, contact A Bridge Forward. We will confirm whether your convictions meet the definition of a minor or mid-level offense and, if so, what is the best course of action for you to take.

Whatever you do, don’t pass up this new opportunity to clear your criminal record in Illinois.