As of January 1, 2020, possessing cannabis, or weed, is legal in Illinois, up to certain amounts. Part of the same law that legalized weed also created ways to clear criminal records for weed. This is called expungement.

There are different ways to have your record expunged, depending on what type of record you have. 

You qualify for automatic expungement of police records if you have an arrest as an adult for a “minor cannabis offense,” which is:

• For possession or dealing,
  
• 30 grams or less,
  
• Before June 25, 2019.

It must be at least one year since the arrest. There must not have been any charges filed in court. Or, the charges must have been dismissed or vacated, or you were acquitted.

Also, you must not have:

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

If all of this is true, the police will automatically remove your law enforcement record based on when you were arrested:

• Arrested 1/1/2013 or later: Record expunged by 1/1/2021.
• Arrested between 1/1/2000 and 12/31/2012: Record expunged by 1/1/2023.
  
• Arrested before 1/1/2000: Record expunged by 1/1/2025.

Note: This automatic expungement process for arrests does not expunge court records. You will still need to file a Motion to Vacate and Expunge your record to have this happen. You may also file earlier than these time frames, if you do not want to wait for the automatic process to occur, but you still must wait until one year after the arrest before you file. 

If you were convicted of a "minor cannabis offense" (see above), your record may still be expunged automatically. But it is a longer process.

The record will go to the Prisoner Review Board (PRB). The PRB can then recommend that the Governor grant a “pardon authorizing expungement.” If the Governor does this, the Attorney General will file a petition in the county where you were convicted to have the record expunged. If granted, the Circuit Clerk must then notify you and give you a copy of the order expunging your record. You must tell the circuit clerk if your address has changed since your case happened.

If your conviction was for possession of 500 grams or less, or dealing of less than 30 grams, you can still have your record expunged. The date of the conviction matters, too. Use the table below to see if you qualify:

Eligibility to file Motion to Vacate and Expunge

In order to expunge your record in this category, you must file a Motion to Vacate and Expunge in court. There are two ways for this to happen:

• The State's Attorney may do this for you, or
• You can do it yourself, using the forms below. 

The Office of the State Appellate Defender is partnering with the Access to Justice Commission to prepare and distribute legally correct and user-friendly forms for cannabis expungement that will be accepted in every courthouse throughout Illinois.

Access to Justice is an initiative announced in 2012 by the Illinois Supreme Court to improve access to the justice system. The Court formed the Illinois Supreme Court Access to Justice Commission and charged the Commission with promoting, facilitating and enhancing equal access to justice with an emphasis on access to the Illinois civil courts and administrative agencies for all people, particularly the poor and vulnerable.

The following forms have been approved for use by the Supreme Court Commission on Access to Justice and are required to be accepted in all Illinois courts. The forms are ADA accessible, and you can handwrite or type into the PDF form.

IMPORTANT: You will need Adobe Acrobat or free Adobe Reader XI or higher in order to save completed forms. Additionally, the forms work best if you access them using Microsoft Edge (recommended) or Internet Explorer as your web browser. 

If you use Chrome, Firefox, or Safari, do NOT fill out these forms directly within your browser. You must first SAVE or DOWNLOAD each form as a PDF to your computer before you start to fill it out. If you fill out a form on these browsers, you will not be able to save your progress.

E-filing: If you are e-filing any of these forms, you will need to "flatten" the form so it cannot be changed after you complete it. You flatten the form in one of two ways: 

1. If you completed the form in Microsoft Edge or Internet Explorer as your web browser, select the "Print" button on the form, and when the "Print" menu pops up, choose "Save as PDF." Save the form to your computer and use this "flattened" form to e-file. 
   
2. If you downloaded the form as a PDF and used adobe to complete it, go to the "File" menu at the top, select "print", and choose "Adobe PDF" from the printer dropdown menu. You will be told to save the form. Use this "flattened" form to e-file. 

Before you e-file any form you have "flattened," open the form to make sure it is not blank and looks the way you want it to look.

Getting Started Motion to Vacate & Expunge Eligible Cannabis Convictions

How to Vacate & Expunge Eligible Cannabis Convictions

Motion to Vacate & Expunge Eligible Cannabis Convictions

Additional Cannabis Convictions

Notice of Court Date for Motion to Vacate & Expunge Eligible Cannabis Convictions

Additional Notice of Court Date for Motion to Vacate & Expunge Eligible Cannabis Convictions

Order Granting or Denying Motion to Vacate & Expunge Eligible Cannabis Convictions

New Leaf Illinois is a network of 20 non-profit organizations throughout the state who provide legal representation and other resources to help individuals seeking to expunge cannabis convictions from their records.

If you have a cannabis conviction in the State of Illinois and want to find out more about your path to expungement, click here to go to the New Leaf website and fill out a form, or call the New Leaf hotline at (855)963-9532. You will answer some simple questions needed to review your case. A legal professional will determine your options and let you know how the New Leaf network can help. New Leaf services can include free legal information, self-help instruction, document review and preparation, legal consultation, and if available, referrals to a network of legal aid and pro bono attorneys for in-court representation.

To learn more about cannabis expungement, the law and your rights, visit Illinois Legal Aid Online (ILAO). Here you can learn more about the different paths to expungement, including forms, worksheets, informational videos and other resources to pursue expungement on your own.