Clearing arrests for "minor cannabis offenses" ("group 1")

Cannabis, or "weed," is legal in Illinois, as of January 1st, 2020. Part of the same law that legalized cannabis also created ways to clear cannabis offenses from your record. This is called expungement.

VIDEO: Learn more about clearing cannabis records.

Take Action: Learn how to clear a "group 1" minor cannabis arrest.

Arrests for "minor cannabis offenses"

You qualify for automatic expungement of police records if you have an arrest for a "minor cannabis offense" as an adult Any person 18 years old or over . This is called "Group 1."

A "minor cannabis offense" is a charge:

• For possession or dealing,
• 30 grams or less,
• Before June 25, 2019.

It must be at least one year since the arrest. There must not have been any charges filed in court. Or, if there were charges filed, they must have been dismissed Cases dismissed with no further action anticipated. or vacated. You are also eligible if you were acquitted of the charges.

Also, you cannot have been charged with providing cannabis to someone under 18 who was at least 3 years younger than you. 

Finally, you cannot have been arrested for a violent crime at the same time you were arrested for the "minor cannabis offense." This includes:

• Any felony A serious crime that is punishable by more than one year in prison where force or threat of force was used,
• Any offense involving sexual conduct Touching or fondling a person's sex organs, anus, or breast directly or through clothing. Can also be any part of the body of a child under 13 years of age. It includes any transfer of semen upon any part of the clothed or unclothed body. ,
• Child pornography or revenge porn,
• Domestic battery or stalking When a person follows someone, watches them outside their home or office, or tells them things they observed them doing ,
• Violating an Order of Protection A document from a judge that tells an abuser to stop further domestic abuse, or face penalties ,
• Any misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year. that results in death or major injury, and
• Involuntary manslaughter or reckless homicide The killing of one human being by another; includes willful murder and negligent homicide. .

If all of the above is true, then the police will automatically clear your record based on when you were arrested:

Note: This only applies to police records. If a court case was started, there will also be court records. These will not be automatically expunged. You must file a request to expunge them with the circuit clerk The office that takes care of files and documents for circuit court cases .

Convictions for "minor cannabis offenses" ("group 2")

If you were convicted of a "minor cannabis offense", you are in "group 2." your record may still be expunged automatically, but the process is different. Learn more about cannabis expungement and legalization.

Other cannabis offenses ("group 3")

If you were convicted of a different cannabis offense, you may still be eligible to file a motion to expunge your record. This is called "group 3." Learn more about cannabis expungement and legalization.

Source

Criminal Records Act 20 ILCS 2630/5.2