How does recreational cannabis effect criminal records?

Illinois Governor JB Pritzker has stated that he will pardon past convictions for possession of up to 30 grams, with the attorney general going to court to delete public records of a conviction or arrest for the now legal amount. Regarding possession of 30-500 grams, an individual or a state’s attorney may petition the court to vacate or expunge the conviction. If the cannabis offense was connected to a violent crime it is ineligible for the automatic expungement processes but the individual (or State’s Attorney) can still file motion with the court to vacate conviction.

  • Arrest records between January 1, 2013 and effective date must be expunged by January 1, 2021
  • Arrest records between January 1, 2000, and January 1, 2013, must be expunged by January 1, 2023
  • Arrest records prior to January 1, 2000, must be expunged prior to January 1, 2025.

Records will be expunged if one year or more has elapsed since the date of the arrest with no criminal charges filed or charges were subsequently dismissed, vacated, or the individual was acquitted. Many of the records will relate to municipal code violations, which will be required to be expunged according to a schedule described in the bill that will give municipalities until January 1, 2025 to expunge records that precede January 1, 2000.

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1. When was cannabis made legal in Illinois?
2. How much cannabis may an individual possess?
3. Who can legally purchase and consume cannabis?
4. Who can legally grow and sell recreational cannabis?
5. Can the consumption/possession of cannabis be banned by a local municipality like Libertyville?
6. Will the Village have any regulatory abilities?
7. What regulatory abilities, if any, do business owners and landlords have?
8. Will cannabis consumption be allowed in public spaces?
9. Where will consumption be allowed?
10. Does the Act itself restrict the location of cannabis business or advertising?
11. What is the licensing timeline?
12. What will the Village's role be in the licensing process?
13. Are there any changes to existing medical cannabis laws?
14. How is cannabis taxed?
15. How will the potential tax revenue generated be used?
16. How does the law affect workplace drug policies?
17. Does the Act place limits on cannabis advertising?
18. How does recreational cannabis effect criminal records?