Cannabis Conviction Expungements Riley Ramirez Champaign County Health Care Consumers October 2, 2019 Starting January 1, 2020, about 770,000 cannabis convictions will be eligible for expungement in the state of Illinois through the Illinois Cannabis Regulation and Tax Act. Individuals with convictions of 30 grams or less will be automatically expunged via the State’s Attomey office of the sentencing county. For charges of 30-500 grams, clemency still applies, but the individual must petition to have their case vacated. Illinois residents will also be able to legally purchase and possess up to thirty grams of cannabis through licensed entities. Process of expungement: State Police and all other law enforcement agencies in the state of Ilinois will ‘automatically expunge criminal records of an arrest, order of supervision or order of probation prior to the effective date af this act (see automatic expungement criteria above) IL Within 180 days of effective date of amendatory Act, State Police must notify that Prisoner Review Board of all eligible records for expungement. IIL Prisoner Review Board shall notify the State's Attorney of the county of conviction of each eligible record identified by State Police that is classified as a Class 4 felony. ‘Any objections by the State’s Attorney must be filed within 60 days. IV. Ian individual has been granted a pardon authorizing expungement, the Prisoner Review Board through the Attorney General shall file a petition for expungement with the Chief Judge of the circuit court where the individual(s) was’were convicted. An objection cannot be filed at this point. F. Within 90 days of filing the petition, the court shall enter an order to expunge the record and copy of the order will he mailed to the individual's last known address. ‘An individual has the opportunity file a motion to vacate and expunge a misdemeanor ot Class 4 felony with the circuit court, Chief Judge of the judicial circuit or any judge designated by the Chief Judge. This applies to individuals who are not eligible for automatic expungement, The court will then consider: (a) reasons to retain the records provided by law enforcement, (b) petitioner's age, (c) age at the time of offense, (d) time since conviction and (e) specific adverse consequences if denied. If an individual is arrested on a minor cannabis offense before the effective date of the act, and the case is still pending but no sentence has been imposed, a petition may be filed to the court to dismiss the charges and expunge all records of the arrest, plea, trial, conviction, incarceration, supervision or expungement.‘Timeline for expungement: Records created between January 1, 2013 through effective date > expunged by 01/2021 Records created between January 1, 2000 through January 1, 2013 > expunged by 01/2023 Records created prior to January 1, 2000 > expunged by 01/2025 Data on Cannabis Convietions: © 34 out of 39,181 IDOC cases were cannabis related as of June 2019 © 4 out of 34 were sentenced in Champaign Co, © Holding offenses 0 MANU/DEL CANNABIS 10-30 GRAMS (20) © POSS CANNABIS 30-500 GRAMS 1*'(10) © POSS CANNABIS 10-30 GRAMS SUBQ (4) #24 out of 34 will have records immediately expunged See chart on next page. Implications for Reentry In Champaign County: Reentry numbers will likely be small and unfortunately, no substantial numbers or research has been published yet. Many individuals who will be affected by the Cannabis, Regulation and Tax Act were never incarcerated or have already been released. Those engaged in manufacturing and delivery of cannabis live in impacted areas where drug sales are a source of their economy. As a result, the state will also be implementing the Social Equity and the Restore, Reinvest and Renew Programs to “directly address the impact of economic disinvestments, violence and the historical overuse of criminal justice responses to community and individual needs by providing resources to support local design and control of community- based responses to these impacts” (HB1438). The Champaign community and Reentry Council have made important progress in providing services and resources to incarcerated and formally incarcerated individuals. Progress can continue to be made, but the organizations on this council are well equipped to handle the estimated numbers of reentry back into the community. For more information, please contact: Champaign County Health Care Consumers 44 East Main Street, Suite 208 + Champaign, IL 61820 (217) 352-6533 echee@echce-il.org healthcareconsumers.orgaoIg Wostig 61OZ UNL, padundxa aq AyjeorBWOyNe [JIM PE JO NO fF © Ayunoo ustedureyD ul pasuayuas a19M pe JOO p © (G1OZ SUNG JO SB PABJAI sIquuUeD a1OM JOC ISI“6EJO MO PE © IyhSWwuD oF 0F stavNNYD SsO8 (a1) srauo oo50¢ siavunys soe ® (02) seus 9€-0T Sinvunva TAG/ONY 6s (oz) sive Cac Caoieusied 610z ANNE S3SN3440 ONIG1IOHResources HB1438 Bill — hip://www.ilea gov/levislation/publicacts/101/PDE/101- 0027.pdf'Yemd=redirect&anubalp= 12345 Marijuana Policy Project -- htips://www.inpp org/states/illinois/overview-of-the-illinois- annabis-regulation-and-tax-act? WBEZ Chicago ~ hit buy-a-joint-answers-10- O6d67aSeI ‘amp