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The law legalizing marijuana also provided that those arrested, convicted or who plead guilty to minor marijuana possession offenses could have their criminal records expunged. Minor violations were to be expunged automatically by the state’s attorneys of each county, and more major matters by the state’s attorneys on request or by private counsel. Recent reports disclose that state’s attorneys failed to comply and have not expunged all required records.

Old marijuana arrests, convictions or guilty pleas can show up on background checks and negatively impact credit, employment, property transfers and other issues. You can check to see if any arrests, convictions or pleas have been expunged, and if not, contact either the county state’s attorney, your lawyer or our office to complete the process.

If you have any questions or if we can assist you in this regard, please contact us.


This Brief is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take place of legal, accounting, or other professional advice.  If expert assistance is required, the services of a competent professional should be sought. This memorandum may constitute advertising under the rules regulating Illinois attorneys.

Brooks, Tarulis & Tibble, LLC
1733 Park Street, Suite 100
Naperville, Illinois 60563

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