Last verified: March 2026
The Three Pathways
Illinois's expungement program operates through three distinct pathways, each targeting different categories of cannabis records:
| Pathway | Who It Covers | How It Works | Numbers |
|---|---|---|---|
| Automatic Expungement | Arrest records for amounts now legal (under 30g) | ISP processes and expunges without individual petitions | 780,000+ records |
| Executive Pardons | Low-level cannabis convictions | Governor issues individual pardons in bulk | 11,430+ pardons |
| Court Petition | Convictions for 30–500g possession | Individual must petition the court; state's attorney must consent or object | 23,097 eligible |
Pathway 1: Automatic Expungement (780,000+ Records)
The CRTA directed the Illinois State Police (ISP) to automatically identify and expunge all arrest records for cannabis possession of amounts that are now legal (under 30 grams for residents). This required no action by the individuals involved:
- ISP reviewed its entire database of cannabis-related arrests
- Records for arrests involving amounts under 30g were flagged for automatic expungement
- Over 780,000 arrest records have been processed and expunged
- This is the largest automatic expungement program in U.S. history
Automatic expungement means the arrest records are destroyed or sealed — they should not appear on background checks, employment screenings, or housing applications. However, some third-party background check databases may not update immediately, and individuals may need to contact those services directly.
If your record was eligible for automatic expungement (arrest for under 30g, no conviction), the ISP has already processed it. You do not need to file anything, hire an attorney, or visit a courthouse. The record should no longer appear on state-level background checks.
Pathway 2: Executive Pardons (11,430+ Pardons)
Governor Pritzker used his executive pardon authority to clear low-level cannabis convictions in two landmark waves:
Wave 1: December 31, 2019 — 11,017 Pardons
On the eve of legalization, Pritzker issued 11,017 individual pardons for low-level cannabis convictions. This was deliberately timed: the pardons cleared records the day before the law that made those activities legal took effect. It was the largest single-day mass pardon in Illinois history and among the largest in U.S. history.
Wave 2: December 2020 — 9,219 Additional Pardons
A second wave of 9,219 pardons followed in December 2020, covering additional low-level convictions identified in the ongoing review of state records.
Combined, Pritzker issued over 11,430 unique individual pardons (some individuals received pardons in both waves). A pardon does not erase the conviction from the record — it officially forgives it. The pardoned individual can then petition to have the conviction expunged (sealed or destroyed), which most do with the help of legal aid organizations.
Pathway 3: Court Petition (23,097 Eligible)
The third pathway covers convictions for 30–500g of cannabis — amounts that remain illegal but that the CRTA deems eligible for expungement relief. This requires individual action:
- The individual must file a petition with the circuit court where the conviction occurred
- The state's attorney has 60 days to consent or object
- If the state's attorney consents, the court typically grants expungement
- If the state's attorney objects, the court holds a hearing to determine whether expungement serves the interests of justice
- 23,097 individuals are estimated to be eligible for this pathway
The court petition pathway has moved more slowly than the automatic and pardon pathways, partly because it requires individual action and partly because many eligible individuals are unaware of their eligibility.
New Leaf Illinois: Free Legal Help
For individuals who need help navigating the court petition pathway or verifying their automatic expungement status, New Leaf Illinois (newleafillinois.org) provides:
- Free legal assistance with expungement petitions
- Help determining which pathway applies to your situation
- Guidance on verifying that automatic expungements have been processed
- Assistance with pardon-based expungement petitions
- Connections to local legal aid organizations across the state
If you believe you are eligible for expungement but are unsure, contact New Leaf Illinois at newleafillinois.org for free legal guidance. They can help determine which pathway applies to your situation and assist with the process.
Timeline of Expungement Progress
Pritzker Pardons 11,017
On the eve of legalization, Governor Pritzker issued 11,017 individual pardons — the largest single-day mass pardon in Illinois history. Deliberately timed to clear records before the activities they documented became legal.
CRTA Takes Effect
Legalization begins. ISP begins processing automatic expungements of arrest records for amounts now legal. The process takes several years due to the volume of records.
Second Pardon Wave: 9,219
Pritzker issues 9,219 additional pardons, bringing the total to over 11,430 unique individuals pardoned across both waves.
ISP Completes Automatic Expungement
The Illinois State Police processes and expunges over 780,000 arrest records. Court petition applications begin for 30–500g convictions. New Leaf Illinois launches free legal services.
Only 94 Remain in Prison
As of March 2026, only 94 people remain in Illinois state prison for cannabis-related offenses — down from thousands before legalization. The vast majority are for trafficking or distribution, not simple possession.
The Bigger Picture
Illinois's expungement program is one of the most comprehensive in the nation:
- 800,000+ total records cleared across all three pathways
- Only 94 people remain in state prison for cannabis offenses
- The automatic pathway required no action from affected individuals
- The governor used executive power proactively, rather than waiting for individuals to petition
- Free legal help is available through New Leaf Illinois for remaining cases
The combination of automatic expungement, executive pardons, and court petition eligibility makes Illinois's approach a model that other states have studied and attempted to replicate.
Official Sources
- New Leaf Illinois — Free Expungement Legal Help
- cannabis.illinois.gov — Expungement Information
- Illinois State Police — Automatic Expungement Processing
- 410 ILCS 705 — CRTA Expungement Provisions
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