SPRINGFIELD — State Senator Celina Villanueva’s new law will allow those who plead guilty to a possession charge a second chance.

“Supporting first-time offenders of possession to reintegrate into society with the tools they need to succeed is essential,” said Villanueva (D-Chicago). “By giving grace to first-time offenders we can further reduce the cycle of recidivism in our communities.”

This law protects individuals who plead guilty to a methamphetamine, controlled substances, cannabis, or gun possession charge in exchange for diversion into a probation program with the promise that a felony will not be included on their record upon successful completion of the program. The law is necessary because background checks often misinterpret diversion into special probation programs as a “conviction.”

Previously, a person who successfully completed a probation program would have their sentence or conviction vacated. This clean record applied while the person was enrolled in the program as well as for those who successfully complete the program.

“When we impose more severe penalties on first-time offenders we see a disproportionate effect on individuals from marginalized communities,” said Villanueva. “This law allows us to acknowledge the complexities of individual circumstances and give them the tools and resources to prevent future offenses rather than limiting their options by permanently tarnishing their record.”

House Bill 5285 was signed into law Friday and takes effect Jan. 1, 2025.