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(20 ILCS 2630/12)
Sec. 12. Entry of order; effect of expungement or sealing records.
(a) Except with respect to law enforcement agencies, the Department of
Corrections, State's Attorneys, or other prosecutors, and as provided in Section 13 of this Act, an expunged or sealed
record may not be considered by any private or
public entity in employment matters, certification, licensing, revocation
of certification or licensure, or registration. Applications for
employment must contain specific language which states that the
applicant is not obligated to disclose sealed or expunged records of
conviction or arrest. The entity authorized to grant a license, certification, or registration shall include in an application for licensure, certification, or registration specific language stating that the applicant is not obligated to disclose sealed or expunged records of a conviction or arrest; however, if the inclusion of that language in an application for licensure, certification, or registration is not practical, the entity shall publish on its website instructions specifying that applicants are not obligated to disclose sealed or expunged records of a conviction or arrest. Employers may not ask if an applicant has had
records expunged or sealed.
(b) A person whose records have been sealed or expunged is not entitled to
remission of any fines, costs, or other money paid as a consequence of
the sealing or expungement. This amendatory Act of the 93rd General
Assembly does not affect the right of the victim of a crime to prosecute
or defend a civil action for damages. Persons engaged in civil litigation
involving criminal records that have been sealed may
petition the court to open the records for the limited purpose of using
them in the course of litigation.
(Source: P.A. 100-286, eff. 1-1-18.)
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