Illinois Cannabis Expungement & Felonies

Illinois Cannabis Expungement & Felonies

Discover comprehensive insights into the Illinois cannabis expungement process through these detailed and informative Frequently Asked Questions (FAQ).

How did Illinois handle expungements for cannabis?

Illinois allows for the automatic expungement of police records for “minor cannabis offenses” (possession or dealing of 30 grams or less) before June 25, 2019, provided certain conditions are met. Convictions may also be expunged but require a longer process involving the Prisoner Review Board and the Governor’s pardon authorizing expungement​​.

Over 780,000 charges for minor cannabis offenses have been expunged since July 2019​​.

All felonies? Only non-violent?

The individual must not have been arrested for a violent crime in the same case as the cannabis charges.

All applications for licensure under this Act by applicants with criminal convictions shall be subject to Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

Felonies in accordance with sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois can also disqualify individuals applying for employment at a cannabis facility. 

Misdemeanor or Class 4 felony convictions for Sections 4 and 5 of the Cannabis Control Act before June 25, 2019, in Illinois, can be cleared under the expungement program​.

Were there any crimes related to cannabis that disqualified someone from applying as a social equity applicant?

The crimes must fit the criteria (no violent crimes committed in relation to the cannabis offense) for expungement. To qualify for status as a Social Equity Applicant, qualifications are:

  • An applicant with at least 51% ownership and control by one or more individuals who have resided for at least 5 of the preceding 10 years in a disproportionately impacted area and
  • Have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under this Act; or is a member of an impacted family.

Status of Current Social Equity Program:

Illinois has implemented a Social Equity Program aimed at providing opportunities in the legal cannabis industry to individuals and communities historically impacted by cannabis offenses​​.

  • Qualifications For Social Equity:
    • An applicant with at least 51% ownership and control by one or more individuals who have resided for at least 5 of the preceding 10 years in a disproportionately impacted area 
    • An applicant with at least 51% ownership and control by one or more individuals who:
      • have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under this Act; or
      • is a member of an impacted family;
    • For applicants with a minimum of 10 full-time employees, an applicant with at least 51% of current employees who:
      • currently reside in a Disproportionately Impacted Area; or
      • have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under this Act or member of an impacted family.

How Can Point Seven Group Help?

The team of cannabis consultants and professionals at Point Seven Group have worked extensively in the U.S. and international cannabis markets and are familiar with the unique challenges of the cannabis industry. Follow us on social media to stay up to date with more cannabis industry updates!

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