Illinois Struggles to Clear Old Marijuana Records Despite Legalization

Expungement process remains slow and backlogged, leaving many still dealing with past convictions

Published on Feb. 12, 2026

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Even though Illinois legalized recreational marijuana in 2020, the process of clearing old cannabis-related criminal records remains a challenge for many residents. While the state has created pathways for expungement and record sealing, data shows only about 10% of the estimated 2.2 million eligible people have filed petitions so far. Experts cite a "second chance gap" caused by lack of awareness, fear of the legal system, filing costs, and long wait times. The recently enacted Clean Slate Act aims to help streamline the process, but individuals like Roosevelt Myles and Vincent Bolton are still waiting months or even years to have their records officially cleared.

Why it matters

The inability to easily clear marijuana-related records continues to create barriers for many Illinoisans, even after the state legalized adult-use cannabis. These lingering criminal records can make it difficult for people to find jobs, housing, and other opportunities. The disparities in the expungement process also highlight how the war on drugs disproportionately impacted certain communities, and the challenges in undoing that harm.

The details

Under Illinois' Cannabis Regulation and Tax Act, people with certain marijuana convictions can petition to have their records sealed or expunged. However, the process remains slow and backlogged, with many people waiting over a year for their records to be cleared even after a judge grants the order. The Illinois State Police are responsible for updating the central criminal history database, but can take months to confirm that a record has been properly expunged or sealed. This leaves people in a state of limbo, with their records still appearing in background checks.

  • In 2020, Illinois legalized adult recreational use and possession of small amounts of marijuana.
  • In 2021, an estimated 2.2 million people in Illinois were eligible for expungement or record sealing.
  • In 2025, Roosevelt Myles successfully petitioned to have his marijuana record sealed and his wrongful murder conviction expunged, but is still waiting to receive confirmation from the Illinois State Police.
  • In 2026, the Illinois Clean Slate Act was signed into law, which will automatically seal nonviolent criminal records for over 1.7 million adults beginning in 2029.

The players

Roosevelt Myles

An Illinoisan who spent 28 years in prison for murder before a judge vacated his conviction and granted him a certificate of innocence. Myles successfully petitioned to have his marijuana record sealed and his wrongful murder conviction expunged.

Vincent Bolton

A Chicago resident who has spent years trying to move past a series of marijuana-related arrests that began when he was around 18 years old. A judge granted orders to expunge and seal Bolton's cannabis cases early last year, but he has yet to receive official confirmation that his record has been cleared.

New Leaf Illinois

An online portal that helps people clear their marijuana records in Illinois.

Barbara Bertini

The director of pro bono and community partnerships at Legal Aid Chicago, who says the current system can take up to a year for a sealing or expungement petition to be granted once it is filed.

Josh Niewoehner

The supervising attorney for the New Leaf Cannabis Expungement Project at CARPLS Legal Aid, who says the federal reclassification of marijuana could be cited in contested cases, particularly in rural counties where the state objects more frequently.

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What they’re saying

“It was a great feeling.”

— Roosevelt Myles

“The day you get convicted, it's on your record. They got it in, they put it in the database, and everything. So what's so hard about them taking it off? It's sad ... you're still fighting for something, and you have no control over it.”

— Roosevelt Myles

“At the time of you doing the process, you feel like you accomplished something. But when you don't start hearing back, it kind of just dims your light a little bit.”

— Vincent Bolton

“Just as efficient and on time they are when taking you to court and getting you locked up and taking you to the bullpen, it should be (that way) on the other side, too.”

— Vincent Bolton

What’s next

The Illinois Clean Slate Act, signed into law in 2026, will automatically seal nonviolent criminal records for over 1.7 million adults beginning in 2029, which legal experts hope will help streamline the record-clearing process and mitigate the current backlog.

The takeaway

Despite Illinois legalizing recreational marijuana and creating pathways for expungement, the process of clearing old cannabis-related criminal records remains a significant challenge for many residents. This highlights the lasting impact of the war on drugs and the need for more efficient and equitable systems to undo the harm caused by past criminalization.