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posted on 8/18/19

12 years ago, a 17-year-old Illinois man received a class three felony conviction for marijuana possession. He served several months in jail. The drug possession conviction took a considerable toll on his life. Because of his criminal record as a felon, landlords denied his housing applications, he lost job opportunities, and he could not secure student loans. This man told reporters that he cried when he found out the Illinois legislature voted to legalize recreational marijuana and expunge marijuana-related criminal convictions.

The Cannabis Business Development Fund Will Aid Former Felons

If you are a citizen of Illinois with a conviction related to marijuana on your permanent record, you will likely soon have that conviction expunged. The government of Illinois started the process of expunging approximately 770,000 cannabis-related criminal convictions. The actual expungements will not begin until January.

The law that legalizes recreational marijuana in Illinois also provides for the creation of the Cannabis Business Development Fund. This fund will provide money for former felons and their families negatively affected by the war on drugs. This fund will also reinvest 25% of the state’s tax revenue from cannabis sales into community programs. This percentage will fund health services, anti-violence programs, and incarceration reentry programs in communities that have the highest violence incidents and childhood poverty rates.

Does the Illinois Law Go Far Enough in Expunging Marijuana Convictions?

Not all people who were convicted of marijuana offenses will get expungements. Those Illinois residents who received a conviction of possessing 30 grams or less of marijuana will receive automatic expungement of their criminal charges. The situation is different concerning those convicted of possession of more than 30 grams but less than 500 grams. It seems that this group of people may need to wait for the governor to issue a pardon. They might have to file a court motion before a judge will expunge their records. In short, the process could take weeks or even years.

State Senator Heather Steans, who co-sponsored House Bill 1438 to legalize recreational marijuana, estimated that there are more than 770,000 marijuana convictions and arrests in Illinois that will now be eligible for expungement. Foxx believes that around 70% of those are from Cook County.

DuPage County State’s Attorney Berlin disagrees with those estimates, saying that he believes the numbers will actually be significantly lower than reports anticipate.

“We’ve got an opioid epidemic that we’ve been dealing with for years,” Berlin said. “I would not describe cannabis as anywhere near an epidemic.”

Have You Been Convicted of an Illinois Marijuana-Related Crime?

If you have received a conviction of a marijuana-related crime in Illinois, you might be confused as to whether Illinois will expunge your conviction. You might wonder if you need to file a motion or wait for your county to expunge it. Illinois has over 102 counties, and not all of them are likely to comb through records and work on expunging records proactively. The experienced Schaumburg drug crime attorneys at Glasgow & Olsson are here to help. We will review your case closely and advise you as to the best steps to take going forward.

If you are facing a current Illinois drug charge, you should speak to a skilled Cook County attorney as soon as possible. Dealing with drug charges, as well as driving under the influence of cannabis (DUIDrug) charges, can have serious negative consequences. If convicted, you could receive mandatory jail time, fines, and probation. Additionally, you will face the stigma that comes with having a criminal record. We represent clients all over Cook, Lake, Kane, McHenry, and DuPage counties. To contact us, please fill out our online form for an initial consultation.

(image courtesy of Robert Hickerson)