The Illinois Supreme Court Commission on Access to Justice (ATJ Commission) has published a cannabis expungement suite of forms. The forms are required to be accepted at all Illinois courts.
The cannabis expungement forms, which can be found here, include:
- Getting Started Motion to Vacate & Expunge Eligible Cannabis Convictions
- How to Vacate & Expunge Eligible Cannabis Convictions
- Motion to Vacate & Expunge Eligible Cannabis Convictions
- Additional Cannabis Convictions
- Notice of Court Date for Motion to Vacate & Expunge Eligible Cannabis Convictions
- Additional Notice of Court Date for Motion to Vacate & Expunge Eligible Cannabis Convictions
- Order Granting or Denying Motion to Vacate & Expunge Eligible Cannabis Convictions
Cannabis expungement in Illinois
Possessing certain amounts of cannabis in Illinois became legal on January 1, 2020. Part of the same law that legalized cannabis also created ways to clear criminal records.
On December 31, 2020, Illinois Gov. JB Pritzker announced that the Illinois State Police had expunged 492,129 non-felony marijuana-related arrest records in the state database, which was four years ahead of the deadline set in the Cannabis Regulation and Tax Act. On the same day, Pritzker issued 9,219 pardons for low-level marijuana convictions.
The ATJ Commission has partnered with the Office of the State Appellate Defender to prepare and distribute legally correct, ADA accessible, and user-friendly court forms for cannabis expungement that are accepted in every courthouse in Illinois.
When it comes to representation, New Leaf Illinois, a network of 20 non-profit organizations throughout the state, has been providing legal services and other resources to those seeking to expunge cannabis convictions from their records.
Ongoing standardized form updates
The ATJ Commission also announced that it discontinued the Interpreter Request and Order as a statewide standardized form. The form isn’t required for distribution or dissemination under Illinois Supreme Court Rule 10-101. However, litigants can still use an interpreter request document, found here: https://www.illinoiscourts.gov/public/find-a-language-interpreter.
With Rule 10-101 in effect, which established a process for developing and approving standardized court forms that all Illinois courts must accept, the ATJ Commission will continue to release updated forms to ensure legal sufficiency. Updates to several family law forms are expected soon.
When updating forms resources, the ATJ Commission urges users to:
- Post links to the fillable forms from the Illinois Supreme Court’s new website (https://www.illinoiscourts.gov/documents-and-forms/approved-forms/. This will ensure you’re connecting to the most up-to-date forms.
- Print forms for court users on-demand as much as possible to save printing costs.
- Email Israel Putnam, Senior Program Manager, Forms, at iputnam@illinoiscourts.gov to check for potential form updates before making large printing orders.
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