Bill to expunge marijuana convictions passes House committee

House Bill 2367 would allow those convicted of marijuana possession before Illinois decriminalized marijuana to petition for expungement of their guilty plea or criminal conviction.

Illinoisans convicted of marijuana possession prior to decriminalization may soon be able to have their records expunged.

House Bill 2367 would allow Illinoisans convicted of marijuana possession prior to the state’s 2016 decriminalization law to petition a circuit court for expungement of their criminal record. A critical amendment to the bill passed out of the House Restorative Justice Committee April 24 and now sits on the House floor.

In 2016, Illinois decriminalized possession of small amounts of marijuana, reducing the penalty from a Class C or Class B misdemeanor punishable by jail time to a civil offense punishable by a fine of $100 to $200. The bipartisan law decriminalizing possession of 10 grams or less of marijuana took effect the same day it was signed by Gov. Bruce Rauner, July 29, 2016.

HB 2367, filed by state Rep. La Shawn Ford, D-Chicago, would allow those convicted of possessing small amounts of marijuana and marijuana paraphernalia under Illinois’ Cannabis Control and Drug Paraphernalia Control acts before July 2016 to petition the court to expunge their records of convictions or guilty pleas relating to those offenses.

Offenders would have to wait at least three years after completing their sentence before becoming eligible to petition for expungement.