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Legislators in Illinois passed a bill that decrees individuals can have their criminal records expunged even if they test positive for marijuana.

About The Bill

Illinois’ House Bill 4392 (HB4392) amends the Criminal Identification Act, which covers the expungement of eligible records. Previous law stated that residents who apply to have their records sealed were required to test negative for cannabis. HB4392 amends that clause.

According to the new law, the court shall not deny a petition to expunge or seal records “because the petitioner has submitted a drug test taken within 30 days before the filing of the petition to expunge or seal that indicates a positive test for the presence of cannabis within the petitioner's body.” It also clarifies that the definition of cannabis was explained in Section 3 of the Cannabis Control Act.

Learn more about HB4392.

Support For The Bill

Senator Jacqueline Collins sponsored the bill. She noted: “People looking to correct their criminal record should not be stopped from meaningfully participating in society because of a positive drug test for cannabis. We have to stop treating its use as grounds for dismissal with respect to jobs and petition-filing.”

Collins also stated that the legislation is “especially meaningful for our communities of color, who face disproportionate disparities in the criminal justice system.” A press release about HB4392 said that the goal was to help people get better access to job opportunities. The bill was signed into law and will go into effect on January 1, 2023.

What Employers Should Know

Employers in Illinois should be aware of HB4392. Its passing could mean that more residents will start the process of having their records sealed once the law becomes active. When a record is expunged, it is no longer available to the public. It cannot be used to help employers make hiring or other decisions.

A simple way for organizations to demonstrate that they are making efforts to comply with expunction and related laws is to work with an accredited Consumer Reporting Agency (CRA). CRAs make efforts to keep up with new and changing laws and ensure the background checks they provide are current, up to date and only contain reportable data.

Running Background Checks

Background checks help hiring managers make informed decisions and maintain safe workplaces. Ordering comprehensive reports demonstrates that an organization is conducting due diligence, which helps them avoid the possibility of negligent hiring claims.

If your business needs background reports for applicants, employees, volunteers or contractors, please contact us. Our experienced team can help you build custom screening packages for any position. We also provide an array of educational resources to help you stay informed about new laws and best practices. We’re available to assist you Monday through Friday from 5am to 6pm PT.