Eligible for automatic Cannabis Expungement or do I have to petition?
Guilty Conviction MFG/DEL CANNABIS/10-30 GRAMS
Disposition Type: Guilty Plea Defendant Plea: Guilty
Statute 720 550/5(c) Class 4 Amended
3 attorney answers
Outside of Cook County, cannabis convictions of 30 grams or less that are not associated with a violent crime will be subject to the following process: 1) The Illinois State Police searches their database for convictions that could be eligible for expungement; 2) A worker at the Illinois State Police looks at each individual record to determine whether it meets expungement criteria; 3)The Prisoner Review Board looks at all cases and makes recommendations for which should be pardoned; 4) The governor must approve any pardons; 5) Illinois state attorney general can file petitions for expungement in court, which a judge must approve; 6)The Illinois State Police and local law enforcement perform the expungement — hides all records of the crime from police and public view.
You can petition for expungement
Cook County will be using artificial intelligence to speed up the process and will be vacating cannabis convictions automatically, though the older the conviction, the longer this process will take. You or your attorney can petition for expunge/vacate cannabis convictions yourself to speed up the process.
Only cannabis arrests for less than 30 grams are eligible for automatic expungement. The IL State Police will be working through eligible arrest records on be done on an extended timeline.
For arrests only, the timeline will be as follows:
Here's the legally mandated deadlines:
Records between 2013-present will be expunged on or before Jan. 1, 2021
Records between 2000-2013 will be expunged on or before Jan. 1, 2023
Records before 2000 will be expunged on or before Jan. 1, 2025
Actually, there is an automatic expungement piloted in Cook County, Illinois for minor marijuana offenses as set forth by the State Attorney's Office starting from 2020. Inquire directly.
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There is so such thing as automatic expungements for cannabis.
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