Crime & Traffic

To qualify for the expungement, you must have a minor cannabis offense conviction. This means:

• A conviction as an adult,
• For possession or dealing 30 grams or less,
• Before June 25, 2019.

You are also eligible if you were acquitted of the charges.

Convictions include a sentence of:

• Probation, 
• Jail or prison time, 
• Conditional discharge, 
• Time considered served,
• Fines (without another sentence), and 
• Supervision or qualified probationary period not completed successfully. 

A successfully completed qualified probation is not considered a conviction. 

This does not include arrests outside sections 4 and 5 of the Cannabis Control Act, like:

• Delivery on school grounds,
• Cannabis trafficking, or 
• Possession of cannabis plants.

Also, you must not have:

• Given cannabis to someone under 18 who was at least 3 years younger than you, or
• Been arrested for a violent crime in the same case as the cannabis charges.

Violent crimes include:

• Any felony where force or threat of force was used,
• Any offense involving sexual conduct,
• Child pornography or revenge pornography,
• Domestic battery or stalking,
• Violating an Order of Protection, 
• Any misdemeanor that results in death or major injury, and
• Involuntary manslaughter or reckless homicide.

How do I know what is on my record?

If you do not know what's on your criminal record, you may want to get a copy of your criminal records. Learn how to get copies of your criminal records. Learn how to understand what is on your record. 

If the above is true, your record may be automatically expunged. Here is how it works: 

• The record can go to the Prisoner Review Board (PRB)
• The PRB can then recommend that the Governor grant a pardon authorizing expungement.
• If the Governor approves, the Attorney General files a petition in the county where you were convicted to have the record expunged. 

In addition, the State’s attorney office can file a motion in the county where you were convicted to have the record expunged.

If the expungement is granted, the circuit clerk should notify you and give you a copy of the Order. It will go to the last known address listed with the court clerk. If you moved, call the county clerk to update your address. 

What if my minor cannabis conviction is not automatically expunged?

See option 2 below for more information about asking the court to expunge your minor cannabis conviction. You can ask the court to expunge your record if:

• The PRB does not recommend an expungement pardon for you to the governor,
• If the Governor says no to the pardon, or
• If you do not want to wait for the automatic expungement process detailed above.