Crime & Traffic

To qualify for the expungement When a criminal record is destroyed , you must have a minor A person under 18 years old cannabis offense conviction When someone is declared guilty of a crime by a court . This means:

• A conviction as an adult Any person 18 years old or over ,
• 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 A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. , 
• 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 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 pornography,
• 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. .

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 To release someone from punishment for a crime they were convicted of committing authorizing expungement When a criminal record is destroyed .
• If the Governor approves, the Attorney General files a petition (noun) A written request to a court (verb) To request from a court in the county where you were convicted to have the record expunged. 

In addition, the State’s attorney office can file a motion A request to the judge to make the court or a party in the case do something in the county where you were convicted to have the record expunged.

If the expungement When a criminal record is destroyed is granted, the circuit clerk The office that takes care of files and documents for circuit court cases 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 A person under 18 years old cannabis conviction When someone is declared guilty of a crime by a court is not automatically expunged?

See option 2 below for more information about asking the court to expunge To physically remove someone's name from a legal record. your minor cannabis conviction. You can ask the court to expunge your record if:

• The PRB does not recommend an expungement pardon To release someone from punishment for a crime they were convicted of committing 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.