1,877 Marijuana Convictions Being Expunged In McHenry County

MCHENRY COUNTY, IL — McHenry County State's Attorney Patrick Kenneally filed a petition Monday to vacate and expunge low-level cannabis convictions following the newly enacted Cannabis Regulation and Tax Act, which was signed into law by Governor JB Pritzker on June 25, 2019, according to a news release from the McHenry County State's Attorney's office. The McHenry County State's Attorney's office is moving to vacate and expunge 1,877 low-level misdemeanor convictions surrounding now-legal conduct in an effort to alleviate the burden on state agencies, according to the news release.

The motion was filed with the McHenry County Circuit Court and assigned to Chief Judge James Cowlin, who signed an order and allowed the expungements.

While the act not only legalizes recreational cannabis use and sales, it also drives the Illinois Attorney General, Illinois State Police and Illinois Prisoner Review Board to identify and expunge certain cannabis offense records, arrests, charges, and/or convictions, according to the news release.

A provision in the newly modified expungement statute gives Kenneally authority to expunge class 4 felony and misdemeanor cannabis delivery offenses. However, Kenneally will only be filing a motion to vacate and expunge simple cannabis possession misdemeanors that are not associated with felony charges or offenses outlined by the Rights of Crime Victims and Witnesses Act. Therefore, while certain offenses (misdemeanors) will automatically be expunged, the Illinois State’s Attorney’s Offices will be able to object the removal of felony offenses, if warranted, according to the state's attorney's office.

“Though (SIC) the McHenry County State’s Attorney’s Office considers most of the provisions of the Cannabis Regulation and Tax Act, especially those pertaining to the legalization and commercialization of marijuana, to be deeply flawed and unwarranted, a serious public health risk, and a safety risk that will undoubtedly result in more deaths on our roadways, we do not necessarily object to expunging a defendant’s minor criminal convictions after a reasonable period of time," Kenneally said, in the news release. "Moreover, we regard it as our duty to zealously enforce and effectuate the purposes of the duly enacted laws of Illinois irrespective of our own reservations and those of law enforcement more broadly.”

According to the state's attorney's office, all defendants who've had their offenses expunged will be notified by the McHenry County Circuit Clerk's office by mail.

For more information and a timeline, or to file a Change of Address form, visit mchenrycountyil.gov.