Cannabis, or "weed," is now 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.
If you are not eligible for automatic expungement for a [no-lexicon]"minor cannabis offense,"[/no-lexicon] you may be eligible to file a Motion to Vacate and Expunge with the court to clear your record. This is called "group 3." Use our Cannabis expungement program to make the forms you need.
VIDEO: Learn more about clearing cannabis records.
Take action: Learn how to Clear a "group 3" cannabis conviction.
[no-lexicon]Eligibility to file motion for expungement[/no-lexicon]
Use the following table to determine if you are eligible to clear your record by filing a motion with the court:
| [no-lexicon]Conviction[/no-lexicon] | Date | Amount |
|---|---|---|
| Possession | 8/13/73 to 6/25/19 | 500 grams or less |
| Attempted possession | 8/15/97 to 6/25/19 | 2000 grams or less |
| Attempted possession |
8/13/73 to 8/14/97 | Any amount |
| Manufacture/delivery or possession with intent to deliver or manufacture | 9/24/83 to 6/25/19 | 30 grams or less |
| Attempted manufacture/delivery | 9/24/83 to 6/25/19 | 500 grams or less |
How does the motion get filed?
The State's Attorney may do this for you, or you can file it yourself. Learn how to clear a "group 3" cannabis conviction.
"Minor cannabis offenses" ("groups 1 and 2")
The rules are different if you were arrested ("group 1") or convicted ("group 2") of a "minor cannabis offenses." Learn more about cannabis expungement and legalization.
Source
Criminal Records Act 20 ILCS 2630/5.2
If you have a cannabis conviction, or a complicated case, there are free lawyers who can help. Apply for help below or call (855) 963-9532.
New Leaf Illinois is a statewide, state-funded initiative made up of 20 non-profit organizations throughout Illinois who provide free legal representation or legal information to people who want their cannabis convictions off their record.
We know the legal system can seem intimidating. New Leaf is here to help each step of the way.