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Illinois to Expunge Thousands of Marijuana Convictions

August 1, 2019
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The Governor of Illinois has just signed HB 1438 into law, making cannabis legal in the state for those 21 and older. This makes Illinois the 11th state in the country to legalize the recreational use and purchase of marijuana. Furthermore, the law includes vast criminal justice reform provisions to help those with marijuana-related criminal records. Specifically, it will expunge the records of 800,000 people with criminal records related to the purchase and possession of 30 grams or less of marijuana. 

The new Cannabis Regulation and Tax Act is to take effect in 2020. It will allow those that have convictions for up to 30 grams of possession of marijuana to automatically receive relief. Those who were convicted of 30-500 grams of marijuana possession in Illinois can petition a court for relief as well.

What is an Illinois Expungement?

Although the meaning of “expungement” differs by state, an expungement in Illinois essentially means that the record is destroyed. In Illinois, “expunge” means to physically destroy the records or return them to the petition and to obliterate the petitioner’s name from any official index or public record, or both. However, the law does not require the physical destruction of the circuit court (paper) files.

More Benefits of New Laws

Finally, the new law contains a “social equity program” which will make it easier for those with marijuana convictions to obtain business licenses. The bill also provides state funding in support of marijuana-related businesses. Through this law, Illinois is just one of many other states making big changes to their marijuana laws. California, Colorado, and many other states have already taken action toward sweeping marijuana reform.

Check our blog for more updates on marijuana laws, and see whether your state allows for the expungement of marijuana criminal records. To see if you qualify for an Illinois expungement or record seal, take our free, confidential eligibility test

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Comments ( 1 )

  1. […] If you have a criminal record in Illinois that you want removed, it’s best to consult an experienced law firm. Start by taking our free, confidential eligibility test to see if you qualify. For more on the House Bill that started the legalization process in Illinois, check out our blog. […]

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Disclaimer: The material on this blog has been prepared and is copyrighted by WipeRecord, a division of Eastman, Libersat & Meyler, PC ("WipeRecord"). The material is for informational purposes only and does not constitute legal advice. Information provided by or cited to third parties does not necessarily reflect the opinions of WipeRecord or any of its attorneys or clients. Results of any expungement or restoration of civil and/or firearm rights may vary from case to case. We obtained your email address when you took the eligibility test on our website. Please note that prior results do not guarantee a similar outcome. The choice of a lawyer is an important decision and should not be based solely upon advertisement. Please refer to our website for prices. This is a legal advertisement. If you have already hired or retained a lawyer in connection with your gun rights restoration, please disregard this letter. Our lawyers do not have professional liability insurance.