The misdemeanor expungements involved Illinoisans in 92 counties.
Pritzker was joined Tuesday in the celebration by hundreds of community members, stakeholders and elected officials at Trinity United Church of Christ on Chicago’s south side.
“Tomorrow when adult-use cannabis becomes legal, pay attention to the fact that we are beginning to accomplish four very important things: We are ending the 50-year long war on cannabis. We are restoring rights to many tens of thousands of Illinoisans. We are bringing regulation and safety to a previously unsafe and illegal market. And we are creating a new industry that puts equity at its very core,” said Governor JB Pritzker. “Every state that has legalized cannabis has seen high demand and long lines in its earliest weeks, and to be sure, our state will too. But unlike other states, in Illinois, we purposely built a system where the market has room to grow, so that entrepreneurs, including especially those from the communities devastated by the war on drugs, will have real opportunities in this industry.”
The bipartisan Cannabis Regulation and Tax Act provides multiple avenues to expunge convictions and arrest records for minor cannabis offenses.
Statewide, there are more than 700,000 records that will be eligible for relief because of the law.
Pardon process for convictions up to 30 grams
For convictions up to 30 grams not associated with a violent offense, there are 116,000 records eligible for expungement through the Governor’s pardon process.
In Cook County, State’s Attorney Kim Foxx has already begun to address stand-alone conviction records, with an initial wave of 1,000 convictions expunged earlier this month.
Of these 116,000 records, 43,500 records solely involve cannabis offenses and 72,500 include another non-violent offense. Only cannabis convictions will be expunged.
The Illinois State Police identified all eligible convictions and forwarded those records to the Prisoner Review Board.
After PRB verifies the accuracy of the conviction records, the PRB forwards them to the governor for pardon consideration. Following the gubernatorial pardons, the PRB will forward the documents to the Attorney General’s Office, which will file petitions in the circuit courts to expunge the records.
Motion to vacate process for convictions between 30 and 500 grams
Individuals, civil legal aid organizations acting on their behalf and state’s attorneys can file motions to vacate for cannabis offenses up to 500 grams.
Approximately 34,000 records are eligible for expungement under this process. Cannabis sales tax revenue will generate funding for programs to help individuals expunge these records.
Expungement of arrest records
Local law enforcement agencies and ISP will automatically expunge arrest records that did not result in a conviction up to 30 grams.
This applies to arrests for possession, manufacture, delivery and possession with intent to deliver. The arrests may not be associated with another arrest for a violent offense.
Approximately 572,000 arrest records are eligible for expungement.
Agencies are to expunge these records according to the following statutory timeline:
- By Jan. 1, 2021: records of arrest between Jan. 1, 2013 – effective date;
- By Jan. 1, 2023: records of arrest between Jan. 1, 2000 – Jan. 1, 2013;
- By Jan. 1, 2025: records of arrest prior to Jan. 1, 2000.
