Even though marijuana is legal in Illinois, clearing old criminal records still a challenge

For Roosevelt Myles, a marijuana conviction from the 1980s became part of a criminal record that’s followed him for decades.

The Illinois man spent 28 years in prison for murder before a judge vacated his conviction on appeal and granted him a certificate of innocence, finding that no physical evidence linked him to the killing.

By the time Myles was released from prison in 2020, Illinois’ legal landscape regarding marijuana had shifted dramatically. The state legalized adult recreational use and possession of small amounts of marijuana under the Cannabis Regulation and Tax Act and created pathways for people to clear certain cannabis-related offenses from their records.

Myles was among those who benefited from the state’s reforms, which were designed, in part, to address the harm caused to some by the war on drugs. Last fall, with the help of attorneys at New Leaf Illinois, an online portal that helps people clear their marijuana records, he successfully petitioned to have his marijuana record sealed and his wrongful murder conviction expunged.

Months earlier, Myles had been denied a job working with children because of his criminal record, making the court’s decision feel like a turning point after what he described as hitting “rock bottom.”

“It was a great feeling,” Myles said of the expungement that took five years to happen.

Statewide data, however, suggest that most people don’t follow through. According to the Paper Prisons Initiative, a legal research group, an estimated 2.2 million people in Illinois were eligible for expungement or record sealing in 2021, but only about 10% had filed petitions.

Legal experts refer to this disparity as the “second chance gap,” and they attribute it to a combination of factors, including a lack of awareness, fear of the legal system, filing costs and long wait times. However, they say this gap may narrow as Illinois prepares to implement the Clean Slate Act, signed into law earlier this year, which will automatically seal nonviolent criminal records for more than 1.7 million adults beginning in 2029.

Not all lawmakers supported the measure. Sen. Steve McClure, a Springfield Republican, raised concerns that automatic sealing would limit access to information for families and employers, particularly in cases involving financial exploitation of the elderly.

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

But as Myles’ experience shows, the process doesn’t end once a judge signs an order. Although his sealing was granted in October 2025, Myles said recently he has yet to receive any documents from the Illinois State Police confirming that his record has been updated.

According to Illinois Legal Aid, the Illinois State Police and other law enforcement agencies have 60 days from the date they receive a court order to comply. For many it can take much longer.

The state police are responsible for updating the central criminal history database and sending a confirmation letter once a record has been expunged or sealed. Until that happens, the record may still appear in background checks.

“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?” Myles said. “It’s sad … you’re still fighting for something, and you have no control over it.”