Automatic Expungement Of Marijuana Convictions Is Complex – CBS Chicago

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CHICAGO (CBS) — Hundreds of marijuana convictions could be expunged beneath the State of Illinois’ new marijuana laws.

But as CBS 2’s Vince Gerasole reported Tuesday, it is not pretty that basic – or rapidly.

How a lot of minor marijuana violations could be cleared away automatically? The quantity is substantial – an estimated 700,000 are eligible statewide.

But this is in particular critical – the automatic expungement does not come about when recreational marijuana is legalized on Jan. 1, 220. It takes place when when the case is identified and processed – and the State of Illinois and Cook County are every going about that differently.

Each and every commence with The Illinois State Police, with officers reviewing databases for eligible situations individually. To date, the tedious procedure totals only 116,000.

In the finish, State Police and regional law enforcement will be accountable for dedicating personnel to wiping away the records.

An “automatic” expungement does not have to be authorized till January 2021 if it dates as far back as 2013.

In August, Cook County State’s Lawyer Kim Foxx outlined Cook County’s procedure.

“A low-level marijuana conviction does not imply that somebody is a threat to public security,” she mentioned.

The county’s procedure also begins with state police. But the nonprofit Code for America is utilizing volunteers and particular software program to assist additional promptly determine situations.

Following a judge’s approval, regional law enforcement or the State Police have to essentially clear the record.

“We’ve had to do it on a case-by-case basis,” mentioned Ashley Kilroy, executive director of the Denver Workplace of Marijuana Policy.

And that was labor intensive and came at a cost, Kilroy mentioned.

“We’ve had to incur extra charges,” Kilroy mentioned.

In contrast to Illinois, Colorado’s 2014 legalization did not deliver automatic expungement. She warns that Illinois will nonetheless want to price range for locating these with expunged records.

“You want to make confident you notify the person to let them know this conviction has been vacated,” Kilroy mentioned.

Situations of marijuana possession of significantly less than 30 grams qualify for automatic expungement as lengthy as they are not linked with violent crimes. But numerous police sources told us right now, the manpower necessary to adhere to by means of with reviewing records will be a challenge.

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