Can Past Possession Charges Be Expunged After New Illinois Cannabis Law?

Can Past Possession Charges Be Expunged After New Illinois Cannabis Law?

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Can Past Possession Charges Be Expunged After New Illinois Cannabis Law?

Recreational marijuana use in Illinois became legal on Jan. 1, 2020. Part of the law that legalized cannabis also created ways that you may be able to clear your record of past cannabis violations. This process is called expungement, and there are several ways that your record could be expunged.

The expungement process is necessary because removing the case from your record could make it easier to be employed, attend college, and more. If you have a past drug possession charge and want to know if it can be expunged, our Palos Heights drug possession lawyer may be of service.

Illinois Arrests For Minor Cannabis Offenses

The cannabis law states that you may qualify for automatic expungement of your criminal record if you have a ‘minor cannabis offense’ on your record. This means possession or dealing involving 30 grams or less before June 25, 2019. It must be at least a year since your arrest, and you cannot have any charges filed in court. Or, your charges must have been vacated or dismissed, or you were acquitted. You also cannot have:

If these things are true, the police are required to expunge your record, based on when the arrest occurred. But it could take several years to happen. The legally mandated deadlines are:

  • Criminal records between 2013-present must be expunged before Jan. 1, 2021
  • Criminal records between 2000-2013, must be expunged before Jan. 1, 2023
  • Criminal records before 2000, must be expunged before Jan. 1, 2025

The Illinois State Police handles the arrest expungements and believes it will get all automatic arrest expungements completed before the 2025 deadline. If this applies, you should get a notice in the mail when the marijuana arrest is expunged, but that letter will go to your last known address. So, make sure the county clerk has your latest home address.

However, remember that the expungement process does not clear court records. You can be sure the record has been wiped clean by filing a motion to vacate and expunge, but it can only be a year after you were arrested.

If you were convicted for a minor weed charge, the charge should be expunged automatically, but the process can take time. Initially, the Prisoner Review Board must review your record, which might or might not grant a pardon allowing the cannabis expungement. If the governor grants it, the Attorney General must file a petition where you were charged to have your record cleared. When this is granted, the circuit clerk must inform you about it and mail you a copy of the order.

Contact Our Palos Heights Drug Possession Lawyer Today

While many minor marijuana convictions are expunged in Illinois, having an experienced attorney help you with the process is helpful. If you have been charged with or convicted for marijuana possession and have questions about expungement, our Palos Heights drug possession lawyer at Michael D. Ettinger & Associates can help, so call (708) 923-0368.