The Governor of Maryland announced plans to pardon more than 175,000 people with convictions for cannabis possession. This joins a larger trend both federally and among many states (including Illinois) to forgive and help those with low level cannabis cases as the public perception of the drug moving more towards acceptance.

Unfortunately for those in Maryland, these pardons do not also expunge the cases from their record. In Illinois, cases that receive a pardon can also be expunged so that the former conviction does not continue to come up on background checks.

Earlier today the Governor's office announced the first wave of pardons granted for cannabis convictions as part of the automatic expungement process. But in addition to those, Governor Pritzker also granted 20 pardons from the normal group of those seeking clemency. This represents the first major batch of clemency decisions released by the Governor. Among the offenses receiving clemency were battery, drug possession, attempted burglary and theft.

One of my clients was included in the 20 receiving pardons. To the rest, congratulations on being able to start the new year with a chance for a clean slate! As a reminder, you will still need to seek the expungement separately in court.

Today, Illinois Governor J.B. Pritzker released the first wave of pardons for misdemeanor convictions of cannabis possession. As part of the new process to automatically expunge misdemeanor cannabis cases, Pritzker granted clemency for 11,017 cases. Reportedly, there are about 572,000 total records (convictions or otherwise) eligible for automatic expungement.

The new law also allows for petitioners to seek expungement directly in the court rather than wait for the automatic process to play out. It also allows for low level felony cannabis cases to be expunged in court. Felony cases are not part of the automatic expungement process.

By: Bryant Chavez and Hannah Garst

On June 25, 2019, Gov. J.B. Pritzker signed into law HB 1438, which will end cannabis prohibition and replace it with a system to tax and regulate cannabis for adults 21 and over. Beginning on January 1, 2020, adults (21 and older) may possess and/or purchase cannabis products in licensed stores. Possession is limited to:

• 30 grams of raw cannabis;
• Cannabis-infused product or products containing no more than 500 mg of THC; and
• Five grams of cannabis product in concentrated form.

In addition to legalizing possession and use for adults, it allows for expungement for cannabis offenses. If you were convicted of possession of between 30 and 500 grams of marijuana, we can petition the Court for an expungement. The Court will weigh many factors, including facts of the underlying offense, when considering whether to grant the petitions to vacate and expunge your record. It is up to us to convince the Court that the remedy is appropriate for you.
Automatic Expungement of Criminal Records Involving Marijuana (Cannabis) Convictions of less than 30 grams
Individuals with qualifying offenses and records are not required to take any action to have their records automatically expunged. However, if you would like to have your record expunged as soon as possible, we can petition the Court to vacate and expunge the conviction without waiting for the Prisoner Review Board and Governor.

• Arrests Not Resulting in Criminal Charges: These cases are currently eligible to be expunged. However, starting on January 1, 2020, expungements will be automatic for arrests involving up to 30 grams of marijuana as long as at least one calendar year has passed since the date of arrest and no subsequent criminal charges were filed related to the arrest. Automatic expungement will start according to the date of the original arrest (see below).
• Arrests Resulting in Criminal Charges Not Resulting in a Conviction: These cases are currently eligible to be expunged. If you would like to have your record expunged as soon as possible, contact us today to start this process. Automatic expungement will start according to the date of the original arrest (see below).
• Convictions Involving Possession of Marijuana 30 Grams or Less: Starting on January 1, 2020, convictions involving up to 30 grams of marijuana will be eligible for automatic expungement. The violation must not have involved delivering marijuana to a child under the age of 18 who was at least 3 years younger than the defendant and did not involve a violent crime. The Illinois State Police will automatically identify all eligible conviction records and forward them to the Prisoner Review Board. After the Prisoner Review Board reviews the records, it will go to the governor with a recommendation for pardon. Once the governor grants a pardon, the state attorney general will petition the court to expunge the record.
• Timetable for Automatic Expungements

The schedule (and deadlines) for law enforcement agencies to automatically expunge qualifying offenses and records is based upon the initial date of arrest.

• Records created between January 1, 2013 and January 1, 2020, shall be automatically expunged prior to January 1, 2021
• Records created between January 1, 2000, and December 31, 2012, shall be automatically expunged prior to January 1, 2023
• Records created before to January 1, 2000 shall be automatically expunged prior to January 1, 2025.

Individuals with qualifying offenses and records are not required to take any action to have their records automatically expunged. However, if you wish to start the expungement process today, contact the Bryant Chavez Law Office, LLC.
 
The automatic expungement mandate does NOT apply to marijuana related arrests and convictions associated with arrests and/or convictions for:

• Violent sexual offenses
  
• Sexual offenses against a minor
• Stalking offenses
• Any offense resulting in a court order to register as a Sex Offender
• Animal abuse offenses

Violations of local ordinances