Illinois legislation that would allow for individuals to have marijuana (and marijuana paraphernalia) possession charges expunged (removed) from their records has been advanced in the state’s legislature.
Since the passage of a law decriminalizing marijuana in 2016, the possession of up to 10 grams is no longer a criminal offense in Illinois. House Bill 2367, filed by State Representative La Shawn Ford, would allow those who received a charge for possessing up to 10 grams of marijuana (or for possessing paraphernalia) prior to this law taking effect to petition their circuit court to have the conviction expunged from their criminal record. This would mean it would no longer show up on a background check. In order for the individual to apply, three or more years must have passed since the petitioner had their sentence completed.
According to La Shawn Ford, “law enforcement would have a right to object to it”, which he calls fair. “You have to go before a judge, the judge will look at it, and ultimately grant a ‘yes’ or a ‘no'”, says Ford.