HB4675 93RD GENERAL ASSEMBLY

93RD GENERAL ASSEMBLY State of Illinois 2003 and 2004
HB4675

Introduced 02/04/04, by Constance A. Howard

SYNOPSIS AS INTRODUCED:

20 ILCS 2630/5 from Ch. 38, par. 206-5

Amends the Criminal Identification Act. Provides that a person charged

with a Class 4 felony may have the
official records of the arresting

authority, the
Department of State Police, and the clerk of the circuit

court sealed 3 years after the
dismissal of the charge, the finding of not

guilty, or the reversal of conviction, except those records are subject to

inspection and use by the court for the
purposes of subsequent sentencing

for misdemeanor and felony violations and
inspection and use by law

enforcement agencies and State's Attorneys or other
prosecutors in carrying

out the duties of their offices. Provides that a person convicted of
a

Class 4 felony who has not been
convicted of a felony or misdemeanor or

placed on supervision for a
misdemeanor within 4 years after the
completion

of the sentence may have the
official records of the arresting authority,

the
Department of State Police, and the clerk of the circuit court sealed 4

years after the
completion of the sentence,
except those records are

subject to inspection and use by the court for the
purposes of subsequent

sentencing for misdemeanor and felony violations and
inspection and use by

law enforcement agencies and State's Attorneys or other
prosecutors in

carrying out the duties of their offices. Provides that the clerk of the

circuit court may charge
a fee equivalent to the cost associated with the

sealing
of records by the clerk and the Department of State Police.

LRB093 19765 RLC 45506 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning sealing of criminal records.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Identification Act is amended by

5 changing Section 5 as follows:

6 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)

7 Sec. 5. Arrest reports; expungement.

8 (a) All policing bodies of this State shall furnish to the

9 Department, daily, in the form and detail the Department

10 requires, fingerprints and descriptions of all persons who are

11 arrested on charges of violating any penal statute of this

12 State for offenses that are classified as felonies and Class A

13 or B misdemeanors and of all minors of the age of 10 and over

14 who have been arrested for an offense which would be a felony

15 if committed by an adult, and may forward such fingerprints and

16 descriptions for minors arrested for Class A or B misdemeanors.

17 Moving or nonmoving traffic violations under the Illinois

18 Vehicle Code shall not be reported except for violations of

19 Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In

20 addition, conservation offenses, as defined in the Supreme

21 Court Rule 501(c), that are classified as Class B misdemeanors

22 shall not be reported.

23 Whenever an adult or minor prosecuted as an adult, not

24 having previously been convicted of any criminal offense or

25 municipal ordinance violation, charged with a violation of a

26 municipal ordinance or a felony or misdemeanor, is acquitted or

27 released without being convicted, whether the acquittal or

28 release occurred before, on, or after the effective date of

29 this amendatory Act of 1991, the Chief Judge of the circuit

30 wherein the charge was brought, any judge of that circuit

31 designated by the Chief Judge, or in counties of less than

32 3,000,000 inhabitants, the presiding trial judge at the

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1 defendant's trial may upon verified petition of the defendant

2 order the record of arrest expunged from the official records

3 of the arresting authority and the Department and order that

4 the records of the clerk of the circuit court be sealed until

5 further order of the court upon good cause shown and the name

6 of the defendant obliterated on the official index required to

7 be kept by the circuit court clerk under Section 16 of the

8 Clerks of Courts Act, but the order shall not affect any index

9 issued by the circuit court clerk before the entry of the

10 order. The Department may charge the petitioner a fee

11 equivalent to the cost of processing any order to expunge or

12 seal the records, and the fee shall be deposited into the State

13 Police Services Fund. The records of those arrests, however,

14 that result in a disposition of supervision for any offense

15 shall not be expunged from the records of the arresting

16 authority or the Department nor impounded by the court until 2

17 years after discharge and dismissal of supervision. Those

18 records that result from a supervision for a violation of

19 Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois

20 Vehicle Code or a similar provision of a local ordinance, or

21 for a violation of Section 12-3.2, 12-15 or 16A-3 of the

22 Criminal Code of 1961, or probation under Section 10 of the

23 Cannabis Control Act, Section 410 of the Illinois Controlled

24 Substances Act, Section 12-4.3(b)(1) and (2) of the Criminal

25 Code of 1961 (as those provisions existed before their deletion

26 by Public Act 89-313), Section 10-102 of the Illinois

27 Alcoholism and Other Drug Dependency Act when the judgment of

28 conviction has been vacated, Section 40-10 of the Alcoholism

29 and Other Drug Abuse and Dependency Act when the judgment of

30 conviction has been vacated, or Section 10 of the Steroid

31 Control Act shall not be expunged from the records of the

32 arresting authority nor impounded by the court until 5 years

33 after termination of probation or supervision. Those records

34 that result from a supervision for a violation of Section

35 11-501 of the Illinois Vehicle Code or a similar provision of a

36 local ordinance, shall not be expunged. All records set out

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1 above may be ordered by the court to be expunged from the

2 records of the arresting authority and impounded by the court

3 after 5 years, but shall not be expunged by the Department, but

4 shall, on court order be sealed by the Department and may be

5 disseminated by the Department only as required by law or to

6 the arresting authority, the State's Attorney, and the court

7 upon a later arrest for the same or a similar offense or for

8 the purpose of sentencing for any subsequent felony. Upon

9 conviction for any offense, the Department of Corrections shall

10 have access to all sealed records of the Department pertaining

11 to that individual.

12 (a-5) Those records maintained by the Department for

13 persons arrested prior to their 17th birthday shall be expunged

14 as provided in Section 5-915 of the Juvenile Court Act of 1987.

15 (b) Whenever a person has been convicted of a crime or of

16 the violation of a municipal ordinance, in the name of a person

17 whose identity he has stolen or otherwise come into possession

18 of, the aggrieved person from whom the identity was stolen or

19 otherwise obtained without authorization, upon learning of the

20 person having been arrested using his identity, may, upon

21 verified petition to the chief judge of the circuit wherein the

22 arrest was made, have a court order entered nunc pro tunc by

23 the chief judge to correct the arrest record, conviction

24 record, if any, and all official records of the arresting

25 authority, the Department, other criminal justice agencies,

26 the prosecutor, and the trial court concerning such arrest, if

27 any, by removing his name from all such records in connection

28 with the arrest and conviction, if any, and by inserting in the

29 records the name of the offender, if known or ascertainable, in

30 lieu of the aggrieved's name. The records of the clerk of the

31 circuit court clerk shall be sealed until further order of the

32 court upon good cause shown and the name of the aggrieved

33 person obliterated on the official index required to be kept by

34 the circuit court clerk under Section 16 of the Clerks of

35 Courts Act, but the order shall not affect any index issued by

36 the circuit court clerk before the entry of the order. Nothing

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1 in this Section shall limit the Department of State Police or

2 other criminal justice agencies or prosecutors from listing

3 under an offender's name the false names he or she has used.

4 For purposes of this Section, convictions for moving and

5 nonmoving traffic violations other than convictions for

6 violations of Chapter 4, Section 11-204.1 or Section 11-501 of

7 the Illinois Vehicle Code shall not be a bar to expunging the

8 record of arrest and court records for violation of a

9 misdemeanor or municipal ordinance.

10 (c) Whenever a person who has been convicted of an offense

11 is granted a pardon by the Governor which specifically

12 authorizes expungement, he may, upon verified petition to the

13 chief judge of the circuit where the person had been convicted,

14 any judge of the circuit designated by the Chief Judge, or in

15 counties of less than 3,000,000 inhabitants, the presiding

16 trial judge at the defendant's trial, may have a court order

17 entered expunging the record of arrest from the official

18 records of the arresting authority and order that the records

19 of the clerk of the circuit court and the Department be sealed

20 until further order of the court upon good cause shown or as

21 otherwise provided herein, and the name of the defendant

22 obliterated from the official index requested to be kept by the

23 circuit court clerk under Section 16 of the Clerks of Courts

24 Act in connection with the arrest and conviction for the

25 offense for which he had been pardoned but the order shall not

26 affect any index issued by the circuit court clerk before the

27 entry of the order. All records sealed by the Department may be

28 disseminated by the Department only as required by law or to

29 the arresting authority, the State's Attorney, and the court

30 upon a later arrest for the same or similar offense or for the

31 purpose of sentencing for any subsequent felony. Upon

32 conviction for any subsequent offense, the Department of

33 Corrections shall have access to all sealed records of the

34 Department pertaining to that individual. Upon entry of the

35 order of expungement, the clerk of the circuit court shall

36 promptly mail a copy of the order to the person who was

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1 pardoned.

2 (c-5) Whenever a person has been convicted of criminal

3 sexual assault, aggravated criminal sexual assault, predatory

4 criminal sexual assault of a child, criminal sexual abuse, or

5 aggravated criminal sexual abuse, the victim of that offense

6 may request that the State's Attorney of the county in which

7 the conviction occurred file a verified petition with the

8 presiding trial judge at the defendant's trial to have a court

9 order entered to seal the records of the clerk of the circuit

10 court in connection with the proceedings of the trial court

11 concerning that offense. However, the records of the arresting

12 authority and the Department of State Police concerning the

13 offense shall not be sealed. The court, upon good cause shown,

14 shall make the records of the clerk of the circuit court in

15 connection with the proceedings of the trial court concerning

16 the offense available for public inspection.

17 (c-6) If a conviction has been set aside on direct review

18 or on collateral attack and the court determines by clear and

19 convincing evidence that the defendant was factually innocent

20 of the charge, the court shall enter an expungement order as

21 provided in subsection (b) of Section 5-5-4 of the Unified Code

22 of Corrections.

23 (d) Notice of the petition for subsections (a), (b), and

24 (c) shall be served upon the State's Attorney or prosecutor

25 charged with the duty of prosecuting the offense, the

26 Department of State Police, the arresting agency and the chief

27 legal officer of the unit of local government affecting the

28 arrest. Unless the State's Attorney or prosecutor, the

29 Department of State Police, the arresting agency or such chief

30 legal officer objects to the petition within 30 days from the

31 date of the notice, the court shall enter an order granting or

32 denying the petition. The clerk of the court shall promptly

33 mail a copy of the order to the person, the arresting agency,

34 the prosecutor, the Department of State Police and such other

35 criminal justice agencies as may be ordered by the judge.

36 (e) Nothing herein shall prevent the Department of State

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1 Police from maintaining all records of any person who is

2 admitted to probation upon terms and conditions and who

3 fulfills those terms and conditions pursuant to Section 10 of

4 the Cannabis Control Act, Section 410 of the Illinois

5 Controlled Substances Act, Section 12-4.3 of the Criminal Code

6 of 1961, Section 10-102 of the Illinois Alcoholism and Other

7 Drug Dependency Act, Section 40-10 of the Alcoholism and Other

8 Drug Abuse and Dependency Act, or Section 10 of the Steroid

9 Control Act.

10 (f) No court order issued pursuant to the expungement

11 provisions of this Section shall become final for purposes of

12 appeal until 30 days after notice is received by the

13 Department. Any court order contrary to the provisions of this

14 Section is void.

15 (g) Except as otherwise provided in subsection (c-5) of

16 this Section, the court shall not order the sealing or

17 expungement of the arrest records and records of the circuit

18 court clerk of any person granted supervision for or convicted

19 of any sexual offense committed against a minor under 18 years

20 of age. For the purposes of this Section, "sexual offense

21 committed against a minor" includes but is not limited to the

22 offenses of indecent solicitation of a child or criminal sexual

23 abuse when the victim of such offense is under 18 years of age.

24 (h) (1) Notwithstanding any other provision of this Act to

25 the contrary and cumulative with any rights to expungement of

26 criminal records, whenever an adult or minor prosecuted as an

27 adult charged with a violation of a municipal ordinance or a

28 misdemeanor is acquitted or released without being convicted,

29 or if the person is convicted but the conviction is reversed,

30 or if the person has been placed on supervision for a

31 misdemeanor and has not been convicted of a felony or

32 misdemeanor or placed on supervision for a misdemeanor within 3

33 years after the acquittal or release or reversal of conviction,

34 or the completion of the terms and conditions of the

35 supervision, if the acquittal, release, finding of not guilty,

36 or reversal of conviction occurred on or after the effective

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1 date of this amendatory Act of the 93rd General Assembly, the

2 Chief Judge of the circuit in which the charge was brought may

3 have the official records of the arresting authority, the

4 Department, and the clerk of the circuit court sealed 3 years

5 after the dismissal of the charge, the finding of not guilty,

6 the reversal of conviction, or the completion of the terms and

7 conditions of the supervision, except those records are subject

8 to inspection and use by the court for the purposes of

9 subsequent sentencing for misdemeanor and felony violations

10 and inspection and use by law enforcement agencies and State's

11 Attorneys or other prosecutors in carrying out the duties of

12 their offices. This subsection (h) does not apply to persons

13 placed on supervision for: (1) a violation of Section 11-501 of

14 the Illinois Vehicle Code or a similar provision of a local

15 ordinance; (2) a misdemeanor violation of Article 11 of the

16 Criminal Code of 1961 or a similar provision of a local

17 ordinance; (3) a misdemeanor violation of Section 12-15, 12-30,

18 or 26-5 of the Criminal Code of 1961 or a similar provision of

19 a local ordinance; (4) a misdemeanor violation that is a crime

20 of violence as defined in Section 2 of the Crime Victims

21 Compensation Act or a similar provision of a local ordinance;

22 (5) a Class A misdemeanor violation of the Humane Care for

23 Animals Act; or (6) any offense or attempted offense that would

24 subject a person to registration under the Sex Offender

25 Registration Act.

26 (2) Upon acquittal, release without conviction, or being

27 placed on supervision, the person charged with the offense

28 shall be informed by the court of the right to have the records

29 sealed and the procedures for the sealing of the records. Three

30 years after the dismissal of the charge, the finding of not

31 guilty, the reversal of conviction, or the completion of the

32 terms and conditions of the supervision, the defendant shall

33 provide the clerk of the court with a notice of request for

34 sealing of records and payment of the applicable fee and a

35 current address and shall promptly notify the clerk of the

36 court of any change of address. The clerk shall promptly serve

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1 notice that the person's records are to be sealed on the

2 State's Attorney or prosecutor charged with the duty of

3 prosecuting the offense, the Department of State Police, the

4 arresting agency and the chief legal officer of the unit of

5 local government effecting the arrest. Unless the State's

6 Attorney or prosecutor, the Department of State Police, the

7 arresting agency or such chief legal officer objects to sealing

8 of the records within 90 days of notice the court shall enter

9 an order sealing the defendant's records 3 years after the

10 dismissal of the charge, the finding of not guilty, the

11 reversal of conviction, or the completion of the terms and

12 conditions of the supervision. The clerk of the court shall

13 promptly serve by mail or in person a copy of the order to the

14 person, the arresting agency, the prosecutor, the Department of

15 State Police and such other criminal justice agencies as may be

16 ordered by the judge. If an objection is filed, the court shall

17 set a date for hearing. At the hearing the court shall hear

18 evidence on whether the sealing of the records should or should

19 not be granted.

20 (3) The clerk may charge a fee equivalent to the cost

21 associated with the sealing of records by the clerk and the

22 Department of State Police. The clerk shall forward the

23 Department of State Police portion of the fee to the Department

24 and it shall be deposited into the State Police Services Fund.

25 (4) Whenever sealing of records is required under this

26 subsection (h), the notification of the sealing must be given

27 by the circuit court where the arrest occurred to the

28 Department in a form and manner prescribed by the Department.

29 (5) An adult or a minor prosecuted as an adult who was

30 charged with a violation of a municipal ordinance or a

31 misdemeanor who was acquitted, released without being

32 convicted, convicted and the conviction was reversed, or placed

33 on supervision for a misdemeanor before the date of this

34 amendatory Act of the 93rd General Assembly and was not

35 convicted of a felony or misdemeanor or placed on supervision

36 for a misdemeanor for 3 years after the acquittal or release or

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1 reversal of conviction, or completion of the terms and

2 conditions of the supervision may petition the Chief Judge of

3 the circuit in which the charge was brought, any judge of that

4 circuit in which the charge was brought, any judge of the

5 circuit designated by the Chief Judge, or, in counties of less

6 than 3,000,000 inhabitants, the presiding trial judge at that

7 defendant's trial, to seal the official records of the

8 arresting authority, the Department, and the clerk of the

9 court, except those records are subject to inspection and use

10 by the court for the purposes of subsequent sentencing for

11 misdemeanor and felony violations and inspection and use by law

12 enforcement agencies, the Department of Corrections, and

13 State's Attorneys and other prosecutors in carrying out the

14 duties of their offices. This subsection (h) does not apply to

15 persons placed on supervision for: (1) a violation of Section

16 11-501 of the Illinois Vehicle Code or a similar provision of a

17 local ordinance; (2) a misdemeanor violation of Article 11 of

18 the Criminal Code of 1961 or a similar provision of a local

19 ordinance; (3) a misdemeanor violation of Section 12-15, 12-30,

20 or 26-5 of the Criminal Code of 1961 or a similar provision of

21 a local ordinance; (4) a misdemeanor violation that is a crime

22 of violence as defined in Section 2 of the Crime Victims

23 Compensation Act or a similar provision of a local ordinance;

24 (5) a Class A misdemeanor violation of the Humane Care for

25 Animals Act; or (6) any offense or attempted offense that would

26 subject a person to registration under the Sex Offender

27 Registration Act. The State's Attorney or prosecutor charged

28 with the duty of prosecuting the offense, the Department of

29 State Police, the arresting agency and the chief legal officer

30 of the unit of local government effecting the arrest shall be

31 served with a copy of the verified petition and shall have 90

32 days to object. If an objection is filed, the court shall set a

33 date for hearing. At the hearing the court shall hear evidence

34 on whether the sealing of the records should or should not be

35 granted. The person whose records are sealed under the

36 provisions of this Act shall pay to the clerk of the court and

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1 the Department of State Police a fee equivalent to the cost

2 associated with the sealing of records. The fees shall be paid

3 to the clerk of the court who shall forward the appropriate

4 portion to the Department at the time the court order to seal

5 the defendant's record is forwarded to the Department for

6 processing. The Department of State Police portion of the fee

7 shall be deposited into the State Police Services Fund.

8 (i) (1) Notwithstanding any other provision of this Act to

9 the contrary and cumulative with any rights to expungement of

10 criminal records, whenever an adult or minor prosecuted as an

11 adult charged with a violation of a municipal ordinance or a

12 misdemeanor is convicted of a misdemeanor and has not been

13 convicted of a felony or misdemeanor or placed on supervision

14 for a misdemeanor within 4 years after the completion of the

15 sentence, if the conviction occurred on or after the effective

16 date of this amendatory Act of the 93rd General Assembly, the

17 Chief Judge of the circuit in which the charge was brought may

18 have the official records of the arresting authority, the

19 Department, and the clerk of the circuit court sealed 4 years

20 after the completion of the sentence, except those records are

21 subject to inspection and use by the court for the purposes of

22 subsequent sentencing for misdemeanor and felony violations

23 and inspection and use by law enforcement agencies and State's

24 Attorneys or other prosecutors in carrying out the duties of

25 their offices. This subsection (i) does not apply to persons

26 convicted of: (1) a violation of Section 11-501 of the Illinois

27 Vehicle Code or a similar provision of a local ordinance; (2) a

28 misdemeanor violation of Article 11 of the Criminal Code of

29 1961 or a similar provision of a local ordinance; (3) a

30 misdemeanor violation of Section 12-15, 12-30, or 26-5 of the

31 Criminal Code of 1961 or a similar provision of a local

32 ordinance; (4) a misdemeanor violation that is a crime of

33 violence as defined in Section 2 of the Crime Victims

34 Compensation Act or a similar provision of a local ordinance;

35 (5) a Class A misdemeanor violation of the Humane Care for

36 Animals Act; or (6) any offense or attempted offense that would

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1 subject a person to registration under the Sex Offender

2 Registration Act.

3 (2) Upon the conviction of such offense, the person charged

4 with the offense shall be informed by the court of the right to

5 have the records sealed and the procedures for the sealing of

6 the records. Four years after the completion of the sentence,

7 the defendant shall provide the clerk of the court with a

8 notice of request for sealing of records and payment of the

9 applicable fee and a current address and shall promptly notify

10 the clerk of the court of any change of address. The clerk

11 shall promptly serve notice that the person's records are to be

12 sealed on the State's Attorney or prosecutor charged with the

13 duty of prosecuting the offense, the Department of State

14 Police, the arresting agency and the chief legal officer of the

15 unit of local government effecting the arrest. Unless the

16 State's Attorney or prosecutor, the Department of State Police,

17 the arresting agency or such chief legal officer objects to

18 sealing of the records within 90 days of notice the court shall

19 enter an order sealing the defendant's records 4 years after

20 the completion of the sentence. The clerk of the court shall

21 promptly serve by mail or in person a copy of the order to the

22 person, the arresting agency, the prosecutor, the Department of

23 State Police and such other criminal justice agencies as may be

24 ordered by the judge. If an objection is filed, the court shall

25 set a date for hearing. At the hearing the court shall hear

26 evidence on whether the sealing of the records should or should

27 not be granted.

28 (3) The clerk may charge a fee equivalent to the cost

29 associated with the sealing of records by the clerk and the

30 Department of State Police. The clerk shall forward the

31 Department of State Police portion of the fee to the Department

32 and it shall be deposited into the State Police Services Fund.

33 (4) Whenever sealing of records is required under this

34 subsection (i), the notification of the sealing must be given

35 by the circuit court where the arrest occurred to the

36 Department in a form and manner prescribed by the Department.

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1 (5) An adult or a minor prosecuted as an adult who was

2 charged with a violation of a municipal ordinance or a

3 misdemeanor who was convicted of a misdemeanor before the date

4 of this amendatory Act of the 93rd General Assembly and was not

5 convicted of a felony or misdemeanor or placed on supervision

6 for a misdemeanor for 4 years after the completion of the

7 sentence may petition the Chief Judge of the circuit in which

8 the charge was brought, any judge of that circuit in which the

9 charge was brought, any judge of the circuit designated by the

10 Chief Judge, or, in counties of less than 3,000,000

11 inhabitants, the presiding trial judge at that defendant's

12 trial, to seal the official records of the arresting authority,

13 the Department, and the clerk of the court, except those

14 records are subject to inspection and use by the court for the

15 purposes of subsequent sentencing for misdemeanor and felony

16 violations and inspection and use by law enforcement agencies,

17 the Department of Corrections, and State's Attorneys and other

18 prosecutors in carrying out the duties of their offices. This

19 subsection (i) does not apply to persons convicted of: (1) a

20 violation of Section 11-501 of the Illinois Vehicle Code or a

21 similar provision of a local ordinance; (2) a misdemeanor

22 violation of Article 11 of the Criminal Code of 1961 or a

23 similar provision of a local ordinance; (3) a misdemeanor

24 violation of Section 12-15, 12-30, or 26-5 of the Criminal Code

25 of 1961 or a similar provision of a local ordinance; (4) a

26 misdemeanor violation that is a crime of violence as defined in

27 Section 2 of the Crime Victims Compensation Act or a similar

28 provision of a local ordinance; (5) a Class A misdemeanor

29 violation of the Humane Care for Animals Act; or (6) any

30 offense or attempted offense that would subject a person to

31 registration under the Sex Offender Registration Act. The

32 State's Attorney or prosecutor charged with the duty of

33 prosecuting the offense, the Department of State Police, the

34 arresting agency and the chief legal officer of the unit of

35 local government effecting the arrest shall be served with a

36 copy of the verified petition and shall have 90 days to object.

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1 If an objection is filed, the court shall set a date for

2 hearing. At the hearing the court shall hear evidence on

3 whether the sealing of the records should or should not be

4 granted. The person whose records are sealed under the

5 provisions of this Act shall pay to the clerk of the court and

6 the Department of State Police a fee equivalent to the cost

7 associated with the sealing of records. The fees shall be paid

8 to the clerk of the court who shall forward the appropriate

9 portion to the Department at the time the court order to seal

10 the defendant's record is forwarded to the Department for

11 processing. The Department of State Police portion of the fee

12 shall be deposited into the State Police Services Fund.

13 (j) (1) Notwithstanding any other provision of this Act to

14 the contrary and cumulative with any rights to expungement of

15 criminal records, whenever an adult or minor prosecuted as an

16 adult charged with a Class 4 felony is acquitted or released

17 without being convicted or if the person is convicted but the

18 conviction is reversed and has not been convicted of a felony

19 or misdemeanor or placed on supervision for a misdemeanor

20 within 3 years after the acquittal or release or reversal of

21 conviction if the acquittal, release, finding of not guilty, or

22 reversal of conviction occurred on or after the effective date

23 of this amendatory Act of the 93rd General Assembly, the Chief

24 Judge of the circuit in which the charge was brought may have

25 the official records of the arresting authority, the

26 Department, and the clerk of the circuit court sealed 3 years

27 after the dismissal of the charge, the finding of not guilty,

28 or the reversal of conviction, except those records are subject

29 to inspection and use by the court for the purposes of

30 subsequent sentencing for misdemeanor and felony violations

31 and inspection and use by law enforcement agencies and State's

32 Attorneys or other prosecutors in carrying out the duties of

33 their offices.

34 (2) Upon acquittal or release without conviction, the

35 person charged with the offense shall be informed by the court

36 of the right to have the records sealed and the procedures for

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1 the sealing of the records. Three years after the dismissal of

2 the charge, the finding of not guilty, or the reversal of

3 conviction, the defendant shall provide the clerk of the court

4 with a notice of request for sealing of records and payment of

5 the applicable fee and a current address and shall promptly

6 notify the clerk of the court of any change of address. The

7 clerk shall promptly serve notice that the person's records are

8 to be sealed on the State's Attorney or prosecutor charged with

9 the duty of prosecuting the offense, the Department of State

10 Police, the arresting agency, and the chief legal officer of

11 the unit of local government effecting the arrest. Unless the

12 State's Attorney or prosecutor, the Department of State Police,

13 the arresting agency, or the chief legal officer objects to the

14 sealing of the records within 90 days of notice, the court

15 shall enter an order sealing the defendant's records 3 years

16 after the dismissal of the charge, the finding of not guilty,

17 or the reversal of conviction. The clerk of the court shall

18 promptly serve by mail or in person a copy of the order to the

19 person, the arresting agency, the prosecutor, the Department of

20 State Police, and such other criminal justice agencies as may

21 be ordered by the judge. If an objection is filed, the court

22 shall set a date for hearing. At the hearing the court shall

23 hear evidence on whether the sealing of the records should or

24 should not be granted.

25 (3) The clerk may charge a fee equivalent to the cost

26 associated with the sealing of records by the clerk and the

27 Department of State Police. The clerk shall forward the

28 Department of State Police portion of the fee to the Department

29 and it shall be deposited into the State Police Services Fund.

30 (4) Whenever sealing of records is required under this

31 subsection (j), the notification of the sealing must be given

32 by the circuit court where the arrest occurred to the

33 Department in a form and manner prescribed by the Department.

34 (5) An adult or a minor prosecuted as an adult who was

35 charged with a Class 4 felony who was acquitted, released

36 without being convicted, or convicted and the conviction was

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1 reversed, before the effective date of this amendatory Act of

2 the 93rd General Assembly and was not convicted of a felony or

3 misdemeanor or placed on supervision for a misdemeanor for 3

4 years after the acquittal, release, or reversal of conviction

5 may petition the Chief Judge of the circuit in which the charge

6 was brought, any judge of that circuit in which the charge was

7 brought, any judge of the circuit designated by the Chief

8 Judge, or, in counties of less than 3,000,000 inhabitants, the

9 presiding trial judge at that defendant's trial, to seal the

10 official records of the arresting authority, the Department,

11 and the clerk of the court, except those records are subject to

12 inspection and use by the court for the purposes of subsequent

13 sentencing for misdemeanor and felony violations and

14 inspection and use by law enforcement agencies, the Department

15 of Corrections, and State's Attorneys and other prosecutors in

16 carrying out the duties of their offices. The State's Attorney

17 or prosecutor charged with the duty of prosecuting the offense,

18 the Department of State Police, the arresting agency, and the

19 chief legal officer of the unit of local government effecting

20 the arrest shall be served with a copy of the verified petition

21 and shall have 90 days to object. If an objection is filed, the

22 court shall set a date for hearing. At the hearing the court

23 shall hear evidence on whether the sealing of the records

24 should or should not be granted. The person whose records are

25 sealed under the provisions of this Act shall pay to the clerk

26 of the court and the Department of State Police a fee

27 equivalent to the cost associated with the sealing of records.

28 The fees shall be paid to the clerk of the court who shall

29 forward the appropriate portion to the Department at the time

30 the court order to seal the defendant's record is forwarded to

31 the Department for processing. The Department of State Police

32 portion of the fee shall be deposited into the State Police

33 Services Fund.

34 (k) (1) Notwithstanding any other provision of this Act to

35 the contrary and cumulative with any rights to expungement of

36 criminal records, whenever an adult or minor prosecuted as an

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1 adult charged with a Class 4 felony is convicted of a Class 4

2 felony and has not been convicted of a felony or misdemeanor or

3 placed on supervision for a misdemeanor within 4 years after

4 the completion of the sentence, if the conviction occurred on

5 or after the effective date of this amendatory Act of the 93rd

6 General Assembly, the Chief Judge of the circuit in which the

7 charge was brought may have the official records of the

8 arresting authority, the Department, and the clerk of the

9 circuit court sealed 4 years after the completion of the

10 sentence, except those records are subject to inspection and

11 use by the court for the purposes of subsequent sentencing for

12 misdemeanor and felony violations and inspection and use by law

13 enforcement agencies and State's Attorneys or other

14 prosecutors in carrying out the duties of their offices.

15 (2) Upon the conviction of such offense, the person charged

16 with the offense shall be informed by the court of the right to

17 have the records sealed and the procedures for the sealing of

18 the records. Four years after the completion of the sentence,

19 the defendant shall provide the clerk of the court with a

20 notice of request for sealing of records and payment of the

21 applicable fee and a current address and shall promptly notify

22 the clerk of the court of any change of address. The clerk

23 shall promptly serve notice that the person's records are to be

24 sealed on the State's Attorney or prosecutor charged with the

25 duty of prosecuting the offense, the Department of State

26 Police, the arresting agency and the chief legal officer of the

27 unit of local government effecting the arrest. Unless the

28 State's Attorney or prosecutor, the Department of State Police,

29 the arresting agency, or the chief legal officer objects to

30 sealing of the records within 90 days of notice, the court

31 shall enter an order sealing the defendant's records 4 years

32 after the completion of the sentence. The clerk of the court

33 shall promptly serve by mail or in person a copy of the order

34 to the person, the arresting agency, the prosecutor, the

35 Department of State Police, and such other criminal justice

36 agencies as may be ordered by the judge. If an objection is

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1 filed, the court shall set a date for hearing. At the hearing

2 the court shall hear evidence on whether the sealing of the

3 records should or should not be granted.

4 (3) The clerk may charge a fee equivalent to the cost

5 associated with the sealing of records by the clerk and the

6 Department of State Police. The clerk shall forward the

7 Department of State Police portion of the fee to the Department

8 and it shall be deposited into the State Police Services Fund.

9 (4) Whenever sealing of records is required under this

10 subsection (k), the notification of the sealing must be given

11 by the circuit court where the arrest occurred to the

12 Department in a form and manner prescribed by the Department.

13 (5) An adult or a minor prosecuted as an adult who was

14 charged with a Class 4 felony who was convicted of a Class 4

15 felony before the effective date of this amendatory Act of the

16 93rd General Assembly and was not convicted of a felony or

17 misdemeanor or placed on supervision for a misdemeanor for 4

18 years after the completion of the sentence may petition the

19 Chief Judge of the circuit in which the charge was brought, any

20 judge of that circuit in which the charge was brought, any

21 judge of the circuit designated by the Chief Judge, or, in

22 counties of less than 3,000,000 inhabitants, the presiding

23 trial judge at that defendant's trial, to seal the official

24 records of the arresting authority, the Department, and the

25 clerk of the court, except those records are subject to

26 inspection and use by the court for the purposes of subsequent

27 sentencing for misdemeanor and felony violations and

28 inspection and use by law enforcement agencies, the Department

29 of Corrections, and State's Attorneys and other prosecutors in

30 carrying out the duties of their offices. The State's Attorney

31 or prosecutor charged with the duty of prosecuting the offense,

32 the Department of State Police, the arresting agency, and the

33 chief legal officer of the unit of local government effecting

34 the arrest shall be served with a copy of the verified petition

35 and shall have 90 days to object. If an objection is filed, the

36 court shall set a date for hearing. At the hearing the court

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1 shall hear evidence on whether the sealing of the records

2 should or should not be granted. The person whose records are

3 sealed under the provisions of this Act shall pay to the clerk

4 of the court and the Department of State Police a fee

5 equivalent to the cost associated with the sealing of records.

6 The fees shall be paid to the clerk of the court who shall

7 forward the appropriate portion to the Department at the time

8 the court order to seal the defendant's record is forwarded to

9 the Department for processing. The Department of State Police

10 portion of the fee shall be deposited into the State Police

11 Services Fund.

12 (Source: P.A. 92-651, eff. 7-11-02; 93-210, eff. 7-18-03;

13 93-211, eff. 1-1-04; revised 8-25-03.)