Can Cannabis Possession Charges be Expunged in Illinois?

Can Cannabis Possession Charges be Expunged in Illinois?


Can Cannabis Possession Charges be Expunged in Illinois?

As of January 1st, 2020, weed is now legal in Illinois. Besides legalizing the substance, the new law also included expungement of cannabis possession charges. Expungement after cannabis legalization could change your life for the better if you were ever charged. It can open up access to jobs, higher education opportunities, and even a place to call home.
How Cannabis Possession Charges Are Expunged

There are some ways your record can be wiped clean of cannabis charges, but it will depend on the type of record you have. Here are some things you need to know:
Minor Cannabis Offense Arrest

If police records show that you were arrested as an adult for a minor cannabis offense, it will lead to automatic expungement of cannabis possession charges. This includes charges for:

  • Possession of 30 grams of cannabis or less.
  • Possession and dealing in cannabis.
  • Cannabis possession and use charges before June 25th, 2019.

For any of these to be applicable, only one year must have passed since your arrest, and you should not have any other charges during that time, or the charges must have been dismissed, vacated, or you were acquitted. Plus, it would help if you had not done the following:

  • Been arrested or charged for a violent crime related to the cannabis charges.
  • Provided weed to a minor someone under 18 years who is at least three years younger than you.

Important Note – This expungement process does not wipe court records. You can ensure it is wiped clean by filing a Motion to Vacate and Expunge your records. But, you can only do this one year after your arrest.
If you were convicted of a minor cannabis offense charge, your charges would be expunged automatically, but the process will stretch out. First, the Prisoner Review Board (PRB) will review your record, which may or may not grant a pardon that authorizes the cannabis expungement.
If the Governor grants it, the Attorney General will then file a petition in the county where you were charged to have your record vacated. Once that is granted, the Circuit Clerk has to let you know about it and also send you a copy of the order as proof. So make sure they have your current address.
Get Convictions Expunged With help from Michael D. Ettinger& Associates

If you don’t fall under the category mentioned above, your charges can still be expunged as per sealing rules. Get in touch with Palos Heights criminal defense lawyers at Michael D. Ettinger & Associates for more information. Our offices are located in Palos Heights, IL.
We have years of experience defending clients like you in northeastern Illinois using proactive counsel designed to prevent future disputes. Our excellent track record of successful defense cases speaks for itself.
Allow us to help you overcome legal hurdles that add more stress to your life. Get in touch with us for a consultation regarding a range of criminal and civil matters. This includes cannabis charges that can be expunged as per the new law.