Illinois General Assembly - Full Text of HB2373
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Full Text of HB2373  100th General Assembly

HB2373enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB2373 EnrolledLRB100 08540 SLF 18665 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21        of the Unified Code of Corrections, Section
22        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23        those provisions existed before their deletion by
24        Public Act 89-313), Section 10-102 of the Illinois
25        Alcoholism and Other Drug Dependency Act, Section
26        40-10 of the Alcoholism and Other Drug Abuse and

 

 

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1        Dependency Act, or Section 10 of the Steroid Control
2        Act. For the purpose of this Section, "successful
3        completion" of an order of qualified probation under
4        Section 10-102 of the Illinois Alcoholism and Other
5        Drug Dependency Act and Section 40-10 of the Alcoholism
6        and Other Drug Abuse and Dependency Act means that the
7        probation was terminated satisfactorily and the
8        judgment of conviction was vacated.
9            (K) "Seal" means to physically and electronically
10        maintain the records, unless the records would
11        otherwise be destroyed due to age, but to make the
12        records unavailable without a court order, subject to
13        the exceptions in Sections 12 and 13 of this Act. The
14        petitioner's name shall also be obliterated from the
15        official index required to be kept by the circuit court
16        clerk under Section 16 of the Clerks of Courts Act, but
17        any index issued by the circuit court clerk before the
18        entry of the order to seal shall not be affected.
19            (L) "Sexual offense committed against a minor"
20        includes but is not limited to the offenses of indecent
21        solicitation of a child or criminal sexual abuse when
22        the victim of such offense is under 18 years of age.
23            (M) "Terminate" as it relates to a sentence or
24        order of supervision or qualified probation includes
25        either satisfactory or unsatisfactory termination of
26        the sentence, unless otherwise specified in this

 

 

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1        Section.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (2.5) Commencing 180 days after July 29, 2016 (the
7    effective date of Public Act 99-697) this amendatory Act of
8    the 99th General Assembly, the law enforcement agency
9    issuing the citation shall automatically expunge, on or
10    before January 1 and July 1 of each year, the law
11    enforcement records of a person found to have committed a
12    civil law violation of subsection (a) of Section 4 of the
13    Cannabis Control Act or subsection (c) of Section 3.5 of
14    the Drug Paraphernalia Control Act in the law enforcement
15    agency's possession or control and which contains the final
16    satisfactory disposition which pertain to the person
17    issued a citation for that offense. The law enforcement
18    agency shall provide by rule the process for access,
19    review, and to confirm the automatic expungement by the law
20    enforcement agency issuing the citation. Commencing 180
21    days after July 29, 2016 (the effective date of Public Act
22    99-697) this amendatory Act of the 99th General Assembly,
23    the clerk of the circuit court shall expunge, upon order of
24    the court, or in the absence of a court order on or before
25    January 1 and July 1 of each year, the court records of a
26    person found in the circuit court to have committed a civil

 

 

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1    law violation of subsection (a) of Section 4 of the
2    Cannabis Control Act or subsection (c) of Section 3.5 of
3    the Drug Paraphernalia Control Act in the clerk's
4    possession or control and which contains the final
5    satisfactory disposition which pertain to the person
6    issued a citation for any of those offenses.
7        (3) Exclusions. Except as otherwise provided in
8    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
9    of this Section, the court shall not order:
10            (A) the sealing or expungement of the records of
11        arrests or charges not initiated by arrest that result
12        in an order of supervision for or conviction of: (i)
13        any sexual offense committed against a minor; (ii)
14        Section 11-501 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance; or (iii)
16        Section 11-503 of the Illinois Vehicle Code or a
17        similar provision of a local ordinance, unless the
18        arrest or charge is for a misdemeanor violation of
19        subsection (a) of Section 11-503 or a similar provision
20        of a local ordinance, that occurred prior to the
21        offender reaching the age of 25 years and the offender
22        has no other conviction for violating Section 11-501 or
23        11-503 of the Illinois Vehicle Code or a similar
24        provision of a local ordinance.
25            (B) the sealing or expungement of records of minor
26        traffic offenses (as defined in subsection (a)(1)(G)),

 

 

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1        unless the petitioner was arrested and released
2        without charging.
3            (C) the sealing of the records of arrests or
4        charges not initiated by arrest which result in an
5        order of supervision or a conviction for the following
6        offenses:
7                (i) offenses included in Article 11 of the
8            Criminal Code of 1961 or the Criminal Code of 2012
9            or a similar provision of a local ordinance, except
10            Section 11-14 and a misdemeanor violation of
11            Section 11-30 of the Criminal Code of 1961 or the
12            Criminal Code of 2012, or a similar provision of a
13            local ordinance;
14                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
15            26-5, or 48-1 of the Criminal Code of 1961 or the
16            Criminal Code of 2012, or a similar provision of a
17            local ordinance;
18                (iii) Sections 12-3.1 or 12-3.2 of the
19            Criminal Code of 1961 or the Criminal Code of 2012,
20            or Section 125 of the Stalking No Contact Order
21            Act, or Section 219 of the Civil No Contact Order
22            Act, or a similar provision of a local ordinance;
23                (iv) offenses which are Class A misdemeanors
24            or felony offenses under the Humane Care for
25            Animals Act; or
26                (v) any offense or attempted offense that

 

 

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1            would subject a person to registration under the
2            Sex Offender Registration Act.
3            (D) (blank). the sealing of the records of an
4        arrest which results in the petitioner being charged
5        with a felony offense or records of a charge not
6        initiated by arrest for a felony offense unless:
7                (i) the charge is amended to a misdemeanor and
8            is otherwise eligible to be sealed pursuant to
9            subsection (c);
10                (ii) the charge is brought along with another
11            charge as a part of one case and the charge results
12            in acquittal, dismissal, or conviction when the
13            conviction was reversed or vacated, and another
14            charge brought in the same case results in a
15            disposition for a misdemeanor offense that is
16            eligible to be sealed pursuant to subsection (c) or
17            a disposition listed in paragraph (i), (iii), or
18            (iv) of this subsection;
19                (iii) the charge results in first offender
20            probation as set forth in subsection (c)(2)(E);
21                (iv) the charge is for a felony offense listed
22            in subsection (c)(2)(F) or the charge is amended to
23            a felony offense listed in subsection (c)(2)(F);
24                (v) the charge results in acquittal,
25            dismissal, or the petitioner's release without
26            conviction; or

 

 

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1                (vi) the charge results in a conviction, but
2            the conviction was reversed or vacated.
3    (b) Expungement.
4        (1) A petitioner may petition the circuit court to
5    expunge the records of his or her arrests and charges not
6    initiated by arrest when each arrest or charge not
7    initiated by arrest sought to be expunged resulted in: (i)
8    acquittal, dismissal, or the petitioner's release without
9    charging, unless excluded by subsection (a)(3)(B); (ii) a
10    conviction which was vacated or reversed, unless excluded
11    by subsection (a)(3)(B); (iii) an order of supervision and
12    such supervision was successfully completed by the
13    petitioner, unless excluded by subsection (a)(3)(A) or
14    (a)(3)(B); or (iv) an order of qualified probation (as
15    defined in subsection (a)(1)(J)) and such probation was
16    successfully completed by the petitioner.
17        (1.5) When a petitioner seeks to have a record of
18    arrest expunged under this Section, and the offender has
19    been convicted of a criminal offense, the State's Attorney
20    may object to the expungement on the grounds that the
21    records contain specific relevant information aside from
22    the mere fact of the arrest.
23        (2) Time frame for filing a petition to expunge.
24            (A) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an acquittal,
26        dismissal, the petitioner's release without charging,

 

 

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1        or the reversal or vacation of a conviction, there is
2        no waiting period to petition for the expungement of
3        such records.
4            (B) When the arrest or charge not initiated by
5        arrest sought to be expunged resulted in an order of
6        supervision, successfully completed by the petitioner,
7        the following time frames will apply:
8                (i) Those arrests or charges that resulted in
9            orders of supervision under Section 3-707, 3-708,
10            3-710, or 5-401.3 of the Illinois Vehicle Code or a
11            similar provision of a local ordinance, or under
12            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
13            Code of 1961 or the Criminal Code of 2012, or a
14            similar provision of a local ordinance, shall not
15            be eligible for expungement until 5 years have
16            passed following the satisfactory termination of
17            the supervision.
18                (i-5) Those arrests or charges that resulted
19            in orders of supervision for a misdemeanor
20            violation of subsection (a) of Section 11-503 of
21            the Illinois Vehicle Code or a similar provision of
22            a local ordinance, that occurred prior to the
23            offender reaching the age of 25 years and the
24            offender has no other conviction for violating
25            Section 11-501 or 11-503 of the Illinois Vehicle
26            Code or a similar provision of a local ordinance

 

 

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1            shall not be eligible for expungement until the
2            petitioner has reached the age of 25 years.
3                (ii) Those arrests or charges that resulted in
4            orders of supervision for any other offenses shall
5            not be eligible for expungement until 2 years have
6            passed following the satisfactory termination of
7            the supervision.
8            (C) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an order of
10        qualified probation, successfully completed by the
11        petitioner, such records shall not be eligible for
12        expungement until 5 years have passed following the
13        satisfactory termination of the probation.
14        (3) Those records maintained by the Department for
15    persons arrested prior to their 17th birthday shall be
16    expunged as provided in Section 5-915 of the Juvenile Court
17    Act of 1987.
18        (4) Whenever a person has been arrested for or
19    convicted of any offense, in the name of a person whose
20    identity he or she has stolen or otherwise come into
21    possession of, the aggrieved person from whom the identity
22    was stolen or otherwise obtained without authorization,
23    upon learning of the person having been arrested using his
24    or her identity, may, upon verified petition to the chief
25    judge of the circuit wherein the arrest was made, have a
26    court order entered nunc pro tunc by the Chief Judge to

 

 

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1    correct the arrest record, conviction record, if any, and
2    all official records of the arresting authority, the
3    Department, other criminal justice agencies, the
4    prosecutor, and the trial court concerning such arrest, if
5    any, by removing his or her name from all such records in
6    connection with the arrest and conviction, if any, and by
7    inserting in the records the name of the offender, if known
8    or ascertainable, in lieu of the aggrieved's name. The
9    records of the circuit court clerk shall be sealed until
10    further order of the court upon good cause shown and the
11    name of the aggrieved person obliterated on the official
12    index required to be kept by the circuit court clerk under
13    Section 16 of the Clerks of Courts Act, but the order shall
14    not affect any index issued by the circuit court clerk
15    before the entry of the order. Nothing in this Section
16    shall limit the Department of State Police or other
17    criminal justice agencies or prosecutors from listing
18    under an offender's name the false names he or she has
19    used.
20        (5) Whenever a person has been convicted of criminal
21    sexual assault, aggravated criminal sexual assault,
22    predatory criminal sexual assault of a child, criminal
23    sexual abuse, or aggravated criminal sexual abuse, the
24    victim of that offense may request that the State's
25    Attorney of the county in which the conviction occurred
26    file a verified petition with the presiding trial judge at

 

 

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1    the petitioner's trial to have a court order entered to
2    seal the records of the circuit court clerk in connection
3    with the proceedings of the trial court concerning that
4    offense. However, the records of the arresting authority
5    and the Department of State Police concerning the offense
6    shall not be sealed. The court, upon good cause shown,
7    shall make the records of the circuit court clerk in
8    connection with the proceedings of the trial court
9    concerning the offense available for public inspection.
10        (6) If a conviction has been set aside on direct review
11    or on collateral attack and the court determines by clear
12    and convincing evidence that the petitioner was factually
13    innocent of the charge, the court that finds the petitioner
14    factually innocent of the charge shall enter an expungement
15    order for the conviction for which the petitioner has been
16    determined to be innocent as provided in subsection (b) of
17    Section 5-5-4 of the Unified Code of Corrections.
18        (7) Nothing in this Section shall prevent the
19    Department of State Police from maintaining all records of
20    any person who is admitted to probation upon terms and
21    conditions and who fulfills those terms and conditions
22    pursuant to Section 10 of the Cannabis Control Act, Section
23    410 of the Illinois Controlled Substances Act, Section 70
24    of the Methamphetamine Control and Community Protection
25    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
26    Corrections, Section 12-4.3 or subdivision (b)(1) of

 

 

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1    Section 12-3.05 of the Criminal Code of 1961 or the
2    Criminal Code of 2012, Section 10-102 of the Illinois
3    Alcoholism and Other Drug Dependency Act, Section 40-10 of
4    the Alcoholism and Other Drug Abuse and Dependency Act, or
5    Section 10 of the Steroid Control Act.
6        (8) If the petitioner has been granted a certificate of
7    innocence under Section 2-702 of the Code of Civil
8    Procedure, the court that grants the certificate of
9    innocence shall also enter an order expunging the
10    conviction for which the petitioner has been determined to
11    be innocent as provided in subsection (h) of Section 2-702
12    of the Code of Civil Procedure.
13    (c) Sealing.
14        (1) Applicability. Notwithstanding any other provision
15    of this Act to the contrary, and cumulative with any rights
16    to expungement of criminal records, this subsection
17    authorizes the sealing of criminal records of adults and of
18    minors prosecuted as adults.
19        (2) Eligible Records. The following records may be
20    sealed:
21            (A) All arrests resulting in release without
22        charging;
23            (B) Arrests or charges not initiated by arrest
24        resulting in acquittal, dismissal, or conviction when
25        the conviction was reversed or vacated, except as
26        excluded by subsection (a)(3)(B);

 

 

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1            (C) Arrests or charges not initiated by arrest
2        resulting in orders of supervision, including orders
3        of supervision for municipal ordinance violations,
4        successfully completed by the petitioner, unless
5        excluded by subsection (a)(3);
6            (D) Arrests or charges not initiated by arrest
7        resulting in convictions, including convictions on
8        municipal ordinance violations, unless excluded by
9        subsection (a)(3);
10            (E) Arrests or charges not initiated by arrest
11        resulting in orders of first offender probation under
12        Section 10 of the Cannabis Control Act, Section 410 of
13        the Illinois Controlled Substances Act, Section 70 of
14        the Methamphetamine Control and Community Protection
15        Act, or Section 5-6-3.3 of the Unified Code of
16        Corrections; and
17            (F) Arrests or charges not initiated by arrest
18        resulting in felony convictions unless otherwise
19        excluded by subsection (a) paragraph (3) of this
20        Section. for the following offenses:
21                (i) Class 4 felony convictions for:
22                    Prostitution under Section 11-14 of the
23                Criminal Code of 1961 or the Criminal Code of
24                2012.
25                    Possession of cannabis under Section 4 of
26                the Cannabis Control Act.

 

 

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1                    Possession of a controlled substance under
2                Section 402 of the Illinois Controlled
3                Substances Act.
4                    Offenses under the Methamphetamine
5                Precursor Control Act.
6                    Offenses under the Steroid Control Act.
7                    Theft under Section 16-1 of the Criminal
8                Code of 1961 or the Criminal Code of 2012.
9                    Retail theft under Section 16A-3 or
10                paragraph (a) of 16-25 of the Criminal Code of
11                1961 or the Criminal Code of 2012.
12                    Deceptive practices under Section 17-1 of
13                the Criminal Code of 1961 or the Criminal Code
14                of 2012.
15                    Forgery under Section 17-3 of the Criminal
16                Code of 1961 or the Criminal Code of 2012.
17                    Possession of burglary tools under Section
18                19-2 of the Criminal Code of 1961 or the
19                Criminal Code of 2012.
20            (ii) Class 3 felony convictions for:
21                    Theft under Section 16-1 of the Criminal
22                Code of 1961 or the Criminal Code of 2012.
23                    Retail theft under Section 16A-3 or
24                paragraph (a) of 16-25 of the Criminal Code of
25                1961 or the Criminal Code of 2012.
26                    Deceptive practices under Section 17-1 of

 

 

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1                the Criminal Code of 1961 or the Criminal Code
2                of 2012.
3                    Forgery under Section 17-3 of the Criminal
4                Code of 1961 or the Criminal Code of 2012.
5                    Possession with intent to manufacture or
6                deliver a controlled substance under Section
7                401 of the Illinois Controlled Substances Act.
8        (3) When Records Are Eligible to Be Sealed. Records
9    identified as eligible under subsection (c)(2) may be
10    sealed as follows:
11            (A) Records identified as eligible under
12        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
13        time.
14            (B) Except as otherwise provided in subparagraph
15        (E) of this paragraph (3), records identified as
16        eligible under subsection (c)(2)(C) may be sealed 2
17        years after the termination of petitioner's last
18        sentence (as defined in subsection (a)(1)(F)).
19            (C) Except as otherwise provided in subparagraph
20        (E) of this paragraph (3), records identified as
21        eligible under subsections (c)(2)(D), (c)(2)(E), and
22        (c)(2)(F) may be sealed 3 years after the termination
23        of the petitioner's last sentence (as defined in
24        subsection (a)(1)(F)). Convictions requiring public
25        registration under the Arsonist Registration Act, the
26        Sex Offender Registration Act, or the Murderer and

 

 

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1        Violent Offender Against Youth Registration Act may
2        not be sealed until the petitioner is no longer
3        required to register under that relevant Act.
4            (D) Records identified in subsection
5        (a)(3)(A)(iii) may be sealed after the petitioner has
6        reached the age of 25 years.
7            (E) Records identified as eligible under
8        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
9        (c)(2)(F) may be sealed upon termination of the
10        petitioner's last sentence if the petitioner earned a
11        high school diploma, associate's degree, career
12        certificate, vocational technical certification, or
13        bachelor's degree, or passed the high school level Test
14        of General Educational Development, during the period
15        of his or her sentence, aftercare release, or mandatory
16        supervised release. This subparagraph shall apply only
17        to a petitioner who has not completed the same
18        educational goal prior to the period of his or her
19        sentence, aftercare release, or mandatory supervised
20        release. If a petition for sealing eligible records
21        filed under this subparagraph is denied by the court,
22        the time periods under subparagraph (B) or (C) shall
23        apply to any subsequent petition for sealing filed by
24        the petitioner.
25        (4) Subsequent felony convictions. A person may not
26    have subsequent felony conviction records sealed as

 

 

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1    provided in this subsection (c) if he or she is convicted
2    of any felony offense after the date of the sealing of
3    prior felony convictions as provided in this subsection
4    (c). The court may, upon conviction for a subsequent felony
5    offense, order the unsealing of prior felony conviction
6    records previously ordered sealed by the court.
7        (5) Notice of eligibility for sealing. Upon entry of a
8    disposition for an eligible record under this subsection
9    (c), the petitioner shall be informed by the court of the
10    right to have the records sealed and the procedures for the
11    sealing of the records.
12    (d) Procedure. The following procedures apply to
13expungement under subsections (b), (e), and (e-6) and sealing
14under subsections (c) and (e-5):
15        (1) Filing the petition. Upon becoming eligible to
16    petition for the expungement or sealing of records under
17    this Section, the petitioner shall file a petition
18    requesting the expungement or sealing of records with the
19    clerk of the court where the arrests occurred or the
20    charges were brought, or both. If arrests occurred or
21    charges were brought in multiple jurisdictions, a petition
22    must be filed in each such jurisdiction. The petitioner
23    shall pay the applicable fee, except no fee shall be
24    required if the petitioner has obtained a court order
25    waiving fees under Supreme Court Rule 298 or it is
26    otherwise waived.

 

 

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1        (1.5) County fee waiver pilot program. In a county of
2    3,000,000 or more inhabitants, no fee shall be required to
3    be paid by a petitioner if the records sought to be
4    expunged or sealed were arrests resulting in release
5    without charging or arrests or charges not initiated by
6    arrest resulting in acquittal, dismissal, or conviction
7    when the conviction was reversed or vacated, unless
8    excluded by subsection (a)(3)(B). The provisions of this
9    paragraph (1.5), other than this sentence, are inoperative
10    on and after January 1, 2018 or one year after January 1,
11    2017 (the effective date of Public Act 99-881) this
12    amendatory Act of the 99th General Assembly, whichever is
13    later.
14        (2) Contents of petition. The petition shall be
15    verified and shall contain the petitioner's name, date of
16    birth, current address and, for each arrest or charge not
17    initiated by arrest sought to be sealed or expunged, the
18    case number, the date of arrest (if any), the identity of
19    the arresting authority, and such other information as the
20    court may require. During the pendency of the proceeding,
21    the petitioner shall promptly notify the circuit court
22    clerk of any change of his or her address. If the
23    petitioner has received a certificate of eligibility for
24    sealing from the Prisoner Review Board under paragraph (10)
25    of subsection (a) of Section 3-3-2 of the Unified Code of
26    Corrections, the certificate shall be attached to the

 

 

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1    petition.
2        (3) Drug test. The petitioner must attach to the
3    petition proof that the petitioner has passed a test taken
4    within 30 days before the filing of the petition showing
5    the absence within his or her body of all illegal
6    substances as defined by the Illinois Controlled
7    Substances Act, the Methamphetamine Control and Community
8    Protection Act, and the Cannabis Control Act if he or she
9    is petitioning to:
10            (A) seal felony records under clause (c)(2)(E);
11            (B) seal felony records for a violation of the
12        Illinois Controlled Substances Act, the
13        Methamphetamine Control and Community Protection Act,
14        or the Cannabis Control Act under clause (c)(2)(F);
15            (C) seal felony records under subsection (e-5); or
16            (D) expunge felony records of a qualified
17        probation under clause (b)(1)(iv).
18        (4) Service of petition. The circuit court clerk shall
19    promptly serve a copy of the petition and documentation to
20    support the petition under subsection (e-5) or (e-6) on the
21    State's Attorney or prosecutor charged with the duty of
22    prosecuting the offense, the Department of State Police,
23    the arresting agency and the chief legal officer of the
24    unit of local government effecting the arrest.
25        (5) Objections.
26            (A) Any party entitled to notice of the petition

 

 

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1        may file an objection to the petition. All objections
2        shall be in writing, shall be filed with the circuit
3        court clerk, and shall state with specificity the basis
4        of the objection. Whenever a person who has been
5        convicted of an offense is granted a pardon by the
6        Governor which specifically authorizes expungement, an
7        objection to the petition may not be filed.
8            (B) Objections to a petition to expunge or seal
9        must be filed within 60 days of the date of service of
10        the petition.
11        (6) Entry of order.
12            (A) The Chief Judge of the circuit wherein the
13        charge was brought, any judge of that circuit
14        designated by the Chief Judge, or in counties of less
15        than 3,000,000 inhabitants, the presiding trial judge
16        at the petitioner's trial, if any, shall rule on the
17        petition to expunge or seal as set forth in this
18        subsection (d)(6).
19            (B) Unless the State's Attorney or prosecutor, the
20        Department of State Police, the arresting agency, or
21        the chief legal officer files an objection to the
22        petition to expunge or seal within 60 days from the
23        date of service of the petition, the court shall enter
24        an order granting or denying the petition.
25        (7) Hearings. If an objection is filed, the court shall
26    set a date for a hearing and notify the petitioner and all

 

 

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1    parties entitled to notice of the petition of the hearing
2    date at least 30 days prior to the hearing. Prior to the
3    hearing, the State's Attorney shall consult with the
4    Department as to the appropriateness of the relief sought
5    in the petition to expunge or seal. At the hearing, the
6    court shall hear evidence on whether the petition should or
7    should not be granted, and shall grant or deny the petition
8    to expunge or seal the records based on the evidence
9    presented at the hearing. The court may consider the
10    following:
11            (A) the strength of the evidence supporting the
12        defendant's conviction;
13            (B) the reasons for retention of the conviction
14        records by the State;
15            (C) the petitioner's age, criminal record history,
16        and employment history;
17            (D) the period of time between the petitioner's
18        arrest on the charge resulting in the conviction and
19        the filing of the petition under this Section; and
20            (E) the specific adverse consequences the
21        petitioner may be subject to if the petition is denied.
22        (8) Service of order. After entering an order to
23    expunge or seal records, the court must provide copies of
24    the order to the Department, in a form and manner
25    prescribed by the Department, to the petitioner, to the
26    State's Attorney or prosecutor charged with the duty of

 

 

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1    prosecuting the offense, to the arresting agency, to the
2    chief legal officer of the unit of local government
3    effecting the arrest, and to such other criminal justice
4    agencies as may be ordered by the court.
5        (9) Implementation of order.
6            (A) Upon entry of an order to expunge records
7        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
8                (i) the records shall be expunged (as defined
9            in subsection (a)(1)(E)) by the arresting agency,
10            the Department, and any other agency as ordered by
11            the court, within 60 days of the date of service of
12            the order, unless a motion to vacate, modify, or
13            reconsider the order is filed pursuant to
14            paragraph (12) of subsection (d) of this Section;
15                (ii) the records of the circuit court clerk
16            shall be impounded until further order of the court
17            upon good cause shown and the name of the
18            petitioner obliterated on the official index
19            required to be kept by the circuit court clerk
20            under Section 16 of the Clerks of Courts Act, but
21            the order shall not affect any index issued by the
22            circuit court clerk before the entry of the order;
23            and
24                (iii) in response to an inquiry for expunged
25            records, the court, the Department, or the agency
26            receiving such inquiry, shall reply as it does in

 

 

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1            response to inquiries when no records ever
2            existed.
3            (B) Upon entry of an order to expunge records
4        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
5                (i) the records shall be expunged (as defined
6            in subsection (a)(1)(E)) by the arresting agency
7            and any other agency as ordered by the court,
8            within 60 days of the date of service of the order,
9            unless a motion to vacate, modify, or reconsider
10            the order is filed pursuant to paragraph (12) of
11            subsection (d) of this Section;
12                (ii) the records of the circuit court clerk
13            shall be impounded until further order of the court
14            upon good cause shown and the name of the
15            petitioner obliterated on the official index
16            required to be kept by the circuit court clerk
17            under Section 16 of the Clerks of Courts Act, but
18            the order shall not affect any index issued by the
19            circuit court clerk before the entry of the order;
20                (iii) the records shall be impounded by the
21            Department within 60 days of the date of service of
22            the order as ordered by the court, unless a motion
23            to vacate, modify, or reconsider the order is filed
24            pursuant to paragraph (12) of subsection (d) of
25            this Section;
26                (iv) records impounded by the Department may

 

 

HB2373 Enrolled- 27 -LRB100 08540 SLF 18665 b

1            be disseminated by the Department only as required
2            by law or to the arresting authority, the State's
3            Attorney, and the court upon a later arrest for the
4            same or a similar offense or for the purpose of
5            sentencing for any subsequent felony, and to the
6            Department of Corrections upon conviction for any
7            offense; and
8                (v) in response to an inquiry for such records
9            from anyone not authorized by law to access such
10            records, the court, the Department, or the agency
11            receiving such inquiry shall reply as it does in
12            response to inquiries when no records ever
13            existed.
14            (B-5) Upon entry of an order to expunge records
15        under subsection (e-6):
16                (i) the records shall be expunged (as defined
17            in subsection (a)(1)(E)) by the arresting agency
18            and any other agency as ordered by the court,
19            within 60 days of the date of service of the order,
20            unless a motion to vacate, modify, or reconsider
21            the order is filed under paragraph (12) of
22            subsection (d) of this Section;
23                (ii) the records of the circuit court clerk
24            shall be impounded until further order of the court
25            upon good cause shown and the name of the
26            petitioner obliterated on the official index

 

 

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1            required to be kept by the circuit court clerk
2            under Section 16 of the Clerks of Courts Act, but
3            the order shall not affect any index issued by the
4            circuit court clerk before the entry of the order;
5                (iii) the records shall be impounded by the
6            Department within 60 days of the date of service of
7            the order as ordered by the court, unless a motion
8            to vacate, modify, or reconsider the order is filed
9            under paragraph (12) of subsection (d) of this
10            Section;
11                (iv) records impounded by the Department may
12            be disseminated by the Department only as required
13            by law or to the arresting authority, the State's
14            Attorney, and the court upon a later arrest for the
15            same or a similar offense or for the purpose of
16            sentencing for any subsequent felony, and to the
17            Department of Corrections upon conviction for any
18            offense; and
19                (v) in response to an inquiry for these records
20            from anyone not authorized by law to access the
21            records, the court, the Department, or the agency
22            receiving the inquiry shall reply as it does in
23            response to inquiries when no records ever
24            existed.
25            (C) Upon entry of an order to seal records under
26        subsection (c), the arresting agency, any other agency

 

 

HB2373 Enrolled- 29 -LRB100 08540 SLF 18665 b

1        as ordered by the court, the Department, and the court
2        shall seal the records (as defined in subsection
3        (a)(1)(K)). In response to an inquiry for such records,
4        from anyone not authorized by law to access such
5        records, the court, the Department, or the agency
6        receiving such inquiry shall reply as it does in
7        response to inquiries when no records ever existed.
8            (D) The Department shall send written notice to the
9        petitioner of its compliance with each order to expunge
10        or seal records within 60 days of the date of service
11        of that order or, if a motion to vacate, modify, or
12        reconsider is filed, within 60 days of service of the
13        order resolving the motion, if that order requires the
14        Department to expunge or seal records. In the event of
15        an appeal from the circuit court order, the Department
16        shall send written notice to the petitioner of its
17        compliance with an Appellate Court or Supreme Court
18        judgment to expunge or seal records within 60 days of
19        the issuance of the court's mandate. The notice is not
20        required while any motion to vacate, modify, or
21        reconsider, or any appeal or petition for
22        discretionary appellate review, is pending.
23        (10) Fees. The Department may charge the petitioner a
24    fee equivalent to the cost of processing any order to
25    expunge or seal records. Notwithstanding any provision of
26    the Clerks of Courts Act to the contrary, the circuit court

 

 

HB2373 Enrolled- 30 -LRB100 08540 SLF 18665 b

1    clerk may charge a fee equivalent to the cost associated
2    with the sealing or expungement of records by the circuit
3    court clerk. From the total filing fee collected for the
4    petition to seal or expunge, the circuit court clerk shall
5    deposit $10 into the Circuit Court Clerk Operation and
6    Administrative Fund, to be used to offset the costs
7    incurred by the circuit court clerk in performing the
8    additional duties required to serve the petition to seal or
9    expunge on all parties. The circuit court clerk shall
10    collect and forward the Department of State Police portion
11    of the fee to the Department and it shall be deposited in
12    the State Police Services Fund.
13        (11) Final Order. No court order issued under the
14    expungement or sealing provisions of this Section shall
15    become final for purposes of appeal until 30 days after
16    service of the order on the petitioner and all parties
17    entitled to notice of the petition.
18        (12) Motion to Vacate, Modify, or Reconsider. Under
19    Section 2-1203 of the Code of Civil Procedure, the
20    petitioner or any party entitled to notice may file a
21    motion to vacate, modify, or reconsider the order granting
22    or denying the petition to expunge or seal within 60 days
23    of service of the order. If filed more than 60 days after
24    service of the order, a petition to vacate, modify, or
25    reconsider shall comply with subsection (c) of Section
26    2-1401 of the Code of Civil Procedure. Upon filing of a

 

 

HB2373 Enrolled- 31 -LRB100 08540 SLF 18665 b

1    motion to vacate, modify, or reconsider, notice of the
2    motion shall be served upon the petitioner and all parties
3    entitled to notice of the petition.
4        (13) Effect of Order. An order granting a petition
5    under the expungement or sealing provisions of this Section
6    shall not be considered void because it fails to comply
7    with the provisions of this Section or because of any error
8    asserted in a motion to vacate, modify, or reconsider. The
9    circuit court retains jurisdiction to determine whether
10    the order is voidable and to vacate, modify, or reconsider
11    its terms based on a motion filed under paragraph (12) of
12    this subsection (d).
13        (14) Compliance with Order Granting Petition to Seal
14    Records. Unless a court has entered a stay of an order
15    granting a petition to seal, all parties entitled to notice
16    of the petition must fully comply with the terms of the
17    order within 60 days of service of the order even if a
18    party is seeking relief from the order through a motion
19    filed under paragraph (12) of this subsection (d) or is
20    appealing the order.
21        (15) Compliance with Order Granting Petition to
22    Expunge Records. While a party is seeking relief from the
23    order granting the petition to expunge through a motion
24    filed under paragraph (12) of this subsection (d) or is
25    appealing the order, and unless a court has entered a stay
26    of that order, the parties entitled to notice of the

 

 

HB2373 Enrolled- 32 -LRB100 08540 SLF 18665 b

1    petition must seal, but need not expunge, the records until
2    there is a final order on the motion for relief or, in the
3    case of an appeal, the issuance of that court's mandate.
4        (16) The changes to this subsection (d) made by Public
5    Act 98-163 apply to all petitions pending on August 5, 2013
6    (the effective date of Public Act 98-163) and to all orders
7    ruling on a petition to expunge or seal on or after August
8    5, 2013 (the effective date of Public Act 98-163).
9    (e) Whenever a person who has been convicted of an offense
10is granted a pardon by the Governor which specifically
11authorizes expungement, he or she may, upon verified petition
12to the Chief Judge of the circuit where the person had been
13convicted, any judge of the circuit designated by the Chief
14Judge, or in counties of less than 3,000,000 inhabitants, the
15presiding trial judge at the defendant's trial, have a court
16order entered expunging the record of arrest from the official
17records of the arresting authority and order that the records
18of the circuit court clerk and the Department be sealed until
19further order of the court upon good cause shown or as
20otherwise provided herein, and the name of the defendant
21obliterated from the official index requested to be kept by the
22circuit court clerk under Section 16 of the Clerks of Courts
23Act in connection with the arrest and conviction for the
24offense for which he or she had been pardoned but the order
25shall not affect any index issued by the circuit court clerk
26before the entry of the order. All records sealed by the

 

 

HB2373 Enrolled- 33 -LRB100 08540 SLF 18665 b

1Department may be disseminated by the Department only to the
2arresting authority, the State's Attorney, and the court upon a
3later arrest for the same or similar offense or for the purpose
4of sentencing for any subsequent felony. Upon conviction for
5any subsequent offense, the Department of Corrections shall
6have access to all sealed records of the Department pertaining
7to that individual. Upon entry of the order of expungement, the
8circuit court clerk shall promptly mail a copy of the order to
9the person who was pardoned.
10    (e-5) Whenever a person who has been convicted of an
11offense is granted a certificate of eligibility for sealing by
12the Prisoner Review Board which specifically authorizes
13sealing, he or she may, upon verified petition to the Chief
14Judge of the circuit where the person had been convicted, any
15judge of the circuit designated by the Chief Judge, or in
16counties of less than 3,000,000 inhabitants, the presiding
17trial judge at the petitioner's trial, have a court order
18entered sealing the record of arrest from the official records
19of the arresting authority and order that the records of the
20circuit court clerk and the Department be sealed until further
21order of the court upon good cause shown or as otherwise
22provided herein, and the name of the petitioner obliterated
23from the official index requested to be kept by the circuit
24court clerk under Section 16 of the Clerks of Courts Act in
25connection with the arrest and conviction for the offense for
26which he or she had been granted the certificate but the order

 

 

HB2373 Enrolled- 34 -LRB100 08540 SLF 18665 b

1shall not affect any index issued by the circuit court clerk
2before the entry of the order. All records sealed by the
3Department may be disseminated by the Department only as
4required by this Act or to the arresting authority, a law
5enforcement agency, the State's Attorney, and the court upon a
6later arrest for the same or similar offense or for the purpose
7of sentencing for any subsequent felony. Upon conviction for
8any subsequent offense, the Department of Corrections shall
9have access to all sealed records of the Department pertaining
10to that individual. Upon entry of the order of sealing, the
11circuit court clerk shall promptly mail a copy of the order to
12the person who was granted the certificate of eligibility for
13sealing.
14    (e-6) Whenever a person who has been convicted of an
15offense is granted a certificate of eligibility for expungement
16by the Prisoner Review Board which specifically authorizes
17expungement, he or she may, upon verified petition to the Chief
18Judge of the circuit where the person had been convicted, any
19judge of the circuit designated by the Chief Judge, or in
20counties of less than 3,000,000 inhabitants, the presiding
21trial judge at the petitioner's trial, have a court order
22entered expunging the record of arrest from the official
23records of the arresting authority and order that the records
24of the circuit court clerk and the Department be sealed until
25further order of the court upon good cause shown or as
26otherwise provided herein, and the name of the petitioner

 

 

HB2373 Enrolled- 35 -LRB100 08540 SLF 18665 b

1obliterated from the official index requested to be kept by the
2circuit court clerk under Section 16 of the Clerks of Courts
3Act in connection with the arrest and conviction for the
4offense for which he or she had been granted the certificate
5but the order shall not affect any index issued by the circuit
6court clerk before the entry of the order. All records sealed
7by the Department may be disseminated by the Department only as
8required by this Act or to the arresting authority, a law
9enforcement agency, the State's Attorney, and the court upon a
10later arrest for the same or similar offense or for the purpose
11of sentencing for any subsequent felony. Upon conviction for
12any subsequent offense, the Department of Corrections shall
13have access to all expunged records of the Department
14pertaining to that individual. Upon entry of the order of
15expungement, the circuit court clerk shall promptly mail a copy
16of the order to the person who was granted the certificate of
17eligibility for expungement.
18    (f) Subject to available funding, the Illinois Department
19of Corrections shall conduct a study of the impact of sealing,
20especially on employment and recidivism rates, utilizing a
21random sample of those who apply for the sealing of their
22criminal records under Public Act 93-211. At the request of the
23Illinois Department of Corrections, records of the Illinois
24Department of Employment Security shall be utilized as
25appropriate to assist in the study. The study shall not
26disclose any data in a manner that would allow the

 

 

HB2373 Enrolled- 36 -LRB100 08540 SLF 18665 b

1identification of any particular individual or employing unit.
2The study shall be made available to the General Assembly no
3later than September 1, 2010.
4(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
5eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
6eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
798-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
899-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
97-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.