EXPUNGEMENT OF MINOR CANNABIS OFFENSES
Following the passage of Public Act 101-27 which became law on June 25, 2019, records related to an offense deemed a “Minor Cannabis Offense” became eligible for expungement. “Minor Cannabis Offense” is defined as follows in Section 5.2 of the Criminal Identification Act:
“Minor Cannabis Offense” means a violation of Section 4 or 5 of the Cannabis Control Act concerning not more than 30 grams of any substance containing cannabis, provided the violation did not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.”
Under the new law, the Illinois State Police (ISP) and all law enforcement agencies within the State are required to automatically expunge eligible “Minor Cannabis Offense” criminal history records of arrest within specified time parameters. The statutory timelines are as follows:
- Non-conviction minor cannabis offense records of arrest created on or after January 1, 2013 to June 25, 2019 must be expunged by January 1, 2021.
- Non-conviction records created prior to January 1, 2013, but on or after January 1, 2000 must be expunged by January 1, 2023
- Non-conviction records created prior to January 1, 2000 must be expunged by January 1, 2025
Please note, the Illinois State Police neither directs, nor controls compliance by other law enforcement agencies with regard to these expungement requirements. Consequently, please contact the respective law enforcement agency directly to obtain information concerning the expungement of records of arrest that were created following an arrest by that agency.
The ISP is mandated to identify and forward all eligible “Minor Cannabis Offense” conviction records to the Illinois Prisoner Review Board (PRB) for review and consideration under the Governor’s pardon and expungement process outlined in the amendatory act by the end of 2019. See 20 ILCS 2630/5.2(i)(2)
- The ISP has identified and provided all eligible “Minor Cannabis Offense” conviction records to the PRB for consideration under the Governor’s pardon and expungement process outlined in 20 ILCS 2630/5.2(i)(2).
- If an individual is granted a pardon authorizing expungement, the PRB, through the Attorney General, will file a petition for expungement with the Chief Judge of the circuit or any judge of the circuit designated by the Chief Judge where the individual had been convicted.
Any individual may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violation of Section 4 or Section 5 of the Cannabis Control Act. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court. See 20 ILCS 2630/5.2(i)(3)
Please note, the changes to the Criminal Identification Act concerning Minor Cannabis Offenses did not restrict or modify an individual's right to have that individual's records expunged as otherwise may be provided in the Criminal Identification Act.
- Any individual is allowed to utilize the Access and Review process to verify his or her eligible records relating to Minor Cannabis Offenses have been expunged.
More detailed information about the Access and Review process can be found by clicking on the What’s on my Record page as
well as the following link:
IL JCAR Administrative Code
The full text of subsection (i) of Section 5.2 of the Criminal Identification Act can be accessed on the Illinois General Assembly’s website via the following links: