Illinois Cannabis Expungement Attorneys
Last updated: May 2026
Illinois enacted the Cannabis Regulation and Tax Act (410 ILCS 705) in 2019. The Act directed the Illinois State Police and the Governor's office to automatically expunge certain low-level cannabis arrests on a phased schedule, and created a petition-based remedy to vacate and expunge cannabis convictions that fell outside the automatic categories. The final phase of automatic expungement — pre-2000 arrests — was scheduled to complete by January 1, 2025.
Automatic expungement under the Cannabis Act
Under 20 ILCS 2630/5.2 and 410 ILCS 705, qualifying minor cannabis arrests (possession of 30 grams or less, with no conviction or with a conviction not associated with a violent crime) were processed by the Illinois State Police on a tiered schedule: post-Jan 1, 2013 arrests by Jan 1, 2021; 2000–2012 arrests by Jan 1, 2023; pre-2000 arrests by Jan 1, 2025. The Governor's office issued cannabis pardons that, in combination with the ISP's action, triggered automatic expungement at the agency level.
When you still need to file
Petition-based relief remains available — and often necessary — for: cannabis convictions involving more than 30 grams, cannabis-related convictions tied to a violent offense, cannabis delivery or trafficking charges, and any case where the record did not clear under the automatic process. The petition to vacate and expunge a cannabis conviction is filed in the Circuit Court where the case was prosecuted, using the standardized statewide form.
How to confirm your record was cleared
Request your Illinois State Police criminal-history printout (isp.illinois.gov/CriminalHistory) and verify that the cannabis arrest or conviction no longer appears. If it still shows, an Illinois expungement attorney can file a petition to vacate the underlying conviction and request expungement under the Cannabis Act, or correct the record with the ISP if the case qualified for automatic processing but was missed.
Frequently asked questions
Was my cannabis arrest automatically expunged?
If your arrest involved 30 grams or less of cannabis and was not associated with a violent offense, it should have been cleared by the Illinois State Police on the statutory schedule (final deadline January 1, 2025, for pre-2000 arrests). Verify by requesting your ISP criminal-history printout.
What about cannabis convictions over 30 grams?
Convictions involving more than 30 grams of cannabis are not automatically expunged. Under 410 ILCS 705 you can petition the Circuit Court to vacate the conviction and expunge the record. The petition is more involved and benefits from attorney review.
Does the Governor's cannabis pardon expunge my record by itself?
A pardon is the first step — the Illinois State Police then processes the corresponding expungement at the agency level. If your record still appears after a pardon was issued, you may need to confirm processing with ISP or, in some cases, file a corrective motion in court.
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