Illinois Governor JB Pritzker has stated that he will pardon past convictions for possession of up to 30 grams, with the attorney general going to court to delete public records of a conviction or arrest for the now legal amount. Regarding possession of 30-500 grams, an individual or a state’s attorney may petition the court to vacate or expunge the conviction. If the cannabis offense was connected to a violent crime it is ineligible for the automatic expungement processes but the individual (or State’s Attorney) can still file motion with the court to vacate conviction.
- Arrest records between January 1, 2013 and effective date must be expunged by January 1, 2021
- Arrest records between January 1, 2000, and January 1, 2013, must be expunged by January 1, 2023
- Arrest records prior to January 1, 2000, must be expunged prior to January 1, 2025.
Records will be expunged if one year or more has elapsed since the date of the arrest with no criminal charges filed or charges were subsequently dismissed, vacated, or the individual was acquitted. Many of the records will relate to municipal code violations, which will be required to be expunged according to a schedule described in the bill that will give municipalities until January 1, 2025 to expunge records that precede January 1, 2000.