SB2053 Enrolled

LRB095 17433 RLC 43505 b






1
    AN ACT concerning courts.

 
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 
 


 






SB2053 Enrolled
- 2 -
LRB095 17433 RLC 43505 b




1
having previously been convicted of any criminal offense or 
2
municipal
ordinance violation, charged with a violation of a 
3
municipal ordinance or a
felony or misdemeanor, is acquitted or 
4
released without being convicted,
whether the acquittal or 
5
release occurred before, on, or after the
effective date of 
6
this amendatory Act of 1991, the Chief Judge of the circuit

7
wherein the charge was brought, any judge of that circuit 
8
designated by the
Chief Judge, or in counties of less than 
9
3,000,000 inhabitants, the presiding
trial judge at the 
10
defendant's trial may upon verified petition of the
defendant 
11
order the record of arrest expunged from the official records 
12
of the
arresting authority and the Department and order that 
13
the records of the clerk
of the circuit court be sealed until 
14
further order of the court upon good cause
shown and the name 
15
of the defendant obliterated on the official index required
to 
16
be kept by the circuit court clerk under Section 16 of the 
17
Clerks of Courts
Act, but the order shall not affect any index 
18
issued by the circuit court clerk
before the entry of the 
19
order.  The Department may charge the petitioner a fee

20
equivalent to the cost of processing any order to expunge or 
21
seal the records,
and the fee shall be deposited into the State 
22
Police Services Fund.  The
records of those arrests, however, 
23
that result in a disposition of
supervision for any offense 
24
shall not be expunged from the records of the
arresting 
25
authority or the Department nor impounded by the court until 2 
26
years
after discharge and dismissal of supervision.  Those 
 


 






SB2053 Enrolled
- 3 -
LRB095 17433 RLC 43505 b




1
records
that result from a supervision for a violation of 
2
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
3
Vehicle Code or a similar provision
of a local ordinance, or 
4
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
5
Criminal Code of 1961, or probation under Section 10 of the 
6
Cannabis
Control Act, Section 410 of the Illinois Controlled 
7
Substances Act, Section 70 of the Methamphetamine Control and 
8
Community Protection Act, Section
12-4.3(b)(1) and (2) of the 
9
Criminal Code of 1961 (as those provisions
existed before their 
10
deletion by Public Act 89-313), Section 10-102 of the
Illinois 
11
Alcoholism and Other Drug Dependency Act when the judgment of

12
conviction has been vacated, Section 40-10 of the Alcoholism 
13
and Other Drug
Abuse and Dependency Act when the judgment of 
14
conviction has been vacated,
or Section 10 of the Steroid 
15
Control Act shall not be expunged from the records
of the 
16
arresting authority nor impounded by the court until 5 years 
17
after
termination of probation or supervision.  Those records 
18
that result from a
supervision for a violation of Section 
19
11-501 of the Illinois Vehicle Code or
a similar provision of a 
20
local ordinance, shall not be expunged.  All records
set out 
21
above may be ordered by the court to be expunged from the 
22
records of
the arresting authority and impounded by the court 
23
after 5 years, but shall
not be expunged by the Department, but 
24
shall, on court order be sealed by the
Department and may be 
25
disseminated by the Department only as required by law or
to 
26
the arresting authority, the State's Attorney, and the court 
 


 






SB2053 Enrolled
- 4 -
LRB095 17433 RLC 43505 b




1
upon a later
arrest for the same or a similar offense or for 
2
the purpose of sentencing for
any subsequent felony.  Upon 
3
conviction for any offense, the Department of
Corrections shall 
4
have access to all sealed records of the Department
pertaining 
5
to that individual.

6
    (a-5) Those records maintained by the Department for 
7
persons arrested
prior to their 17th birthday shall be expunged 
8
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

9
    (b) Whenever a person has been convicted of a crime or of 
10
the violation of
a municipal ordinance, in the name of a person 
11
whose identity he has stolen
or otherwise come into possession 
12
of, the aggrieved person from whom the
identity was stolen or 
13
otherwise obtained without authorization, upon learning
of the 
14
person having been arrested using his identity, may, upon 
15
verified
petition to the chief judge of the circuit wherein the 
16
arrest was made,
have a court order entered nunc pro tunc by 
17
the chief judge to correct
the arrest record, conviction 
18
record, if any, and all official records of the
arresting 
19
authority, the Department, other criminal justice agencies, 
20
the
prosecutor, and the trial court concerning such arrest, if 
21
any, by removing his
name from all such records in connection 
22
with the arrest and conviction, if
any, and by inserting in the 
23
records the name of the offender, if known or
ascertainable, in 
24
lieu of the aggrieved's name.  The records of the
clerk of
the 
25
circuit court clerk shall be sealed until further order of the 
26
court upon
good cause shown and the name of the aggrieved 
 


 






SB2053 Enrolled
- 5 -
LRB095 17433 RLC 43505 b




1
person obliterated on the
official index required to be kept by 
2
the circuit court clerk under Section 16
of the Clerks of 
3
Courts Act, but the order shall not affect any index issued by

4
the circuit court clerk before the entry of the order.  Nothing 
5
in this Section
shall limit the Department of State Police or 
6
other criminal justice agencies
or prosecutors from listing 
7
under an offender's name the false names he or she
has used.  
8
For purposes of this Section, convictions for moving and 
9
nonmoving
traffic violations other than convictions for 
10
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
11
the Illinois Vehicle Code shall not be a bar to
expunging the 
12
record of arrest and court records for
violation of a 
13
misdemeanor or municipal ordinance.

14
    (c) Whenever a person who has been convicted of an offense 
15
is granted
a pardon by the Governor which specifically 
16
authorizes expungement, he may,
upon verified petition to the 
17
chief judge of the circuit where the person had
been convicted, 
18
any judge of the circuit designated by the Chief Judge, or in

19
counties of less than 3,000,000 inhabitants, the presiding 
20
trial judge at the
defendant's trial, may have a court order 
21
entered expunging the record of
arrest from the official 
22
records of the arresting authority and order that the
records 
23
of the clerk of the circuit court and the Department be sealed 
24
until
further order of the court upon good cause shown or as 
25
otherwise provided
herein, and the name of the defendant 
26
obliterated from the official index
requested to be kept by the 
 


 






SB2053 Enrolled
- 6 -
LRB095 17433 RLC 43505 b




1
circuit court clerk under Section 16 of the Clerks
of Courts 
2
Act in connection with the arrest and conviction for the 
3
offense for
which he had been pardoned but the order shall not 
4
affect any index issued by
the circuit court clerk before the 
5
entry of the order.  All records sealed by
the Department may be 
6
disseminated by the Department only as required by law or
to 
7
the arresting authority, the State's Attorney, and the court 
8
upon a later
arrest for the same or similar offense or for the 
9
purpose of sentencing for any
subsequent felony.  Upon 
10
conviction for any subsequent offense, the Department
of 
11
Corrections shall have access to all sealed records of the 
12
Department
pertaining to that individual.  Upon entry of the 
13
order of expungement, the
clerk of the circuit court shall 
14
promptly mail a copy of the order to the
person who was 
15
pardoned.

16
    (c-5) Whenever a person has been convicted of criminal 
17
sexual assault,
aggravated criminal sexual assault, predatory 
18
criminal sexual assault of a
child, criminal sexual abuse, or 
19
aggravated criminal sexual abuse, the victim
of that offense 
20
may request that the State's Attorney of the county in which

21
the conviction occurred file a verified petition with the 
22
presiding trial judge
at the defendant's trial to have a court 
23
order entered to seal the records of
the clerk of the circuit 
24
court in connection with the proceedings of the trial
court 
25
concerning that offense.  However, the records of the arresting 
26
authority
and the Department of State Police concerning the 
 


 






SB2053 Enrolled
- 7 -
LRB095 17433 RLC 43505 b




1
offense shall not be
sealed.  The court, upon good cause shown, 
2
shall make the records of the clerk
of the circuit court in 
3
connection with the proceedings of the trial court
concerning 
4
the offense available for public inspection.

5
    (c-6) If a conviction has been set aside on direct review 
6
or on
collateral attack
and the court determines by clear and 
7
convincing evidence that the defendant
was factually innocent 
8
of
the charge, the court shall enter an expungement order as 
9
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
10
of Corrections.

11
    (d) Notice of the petition for subsections (a), (b), and 
12
(c) shall be
served by the clerk upon the State's Attorney or 
13
prosecutor charged with the duty
of prosecuting the offense, 
14
the Department of State Police, the arresting
agency and the 
15
chief legal officer of the unit of local government
affecting 
16
the arrest.  Unless the State's Attorney or prosecutor, the

17
Department of State Police, the arresting agency or such chief 
18
legal officer
objects to the petition within 30 days from the 
19
date of the notice, the
court shall enter an order granting or 
20
denying the petition. The clerk
of the court shall promptly 
21
mail a copy of the order to the person, the
arresting agency, 
22
the prosecutor, the Department of State Police and such
other 
23
criminal justice agencies as may be ordered by the judge.

24
    (e) Nothing herein shall prevent the Department of State 
25
Police from
maintaining all records of any person who is 
26
admitted to probation upon
terms and conditions and who 
 


 






SB2053 Enrolled
- 8 -
LRB095 17433 RLC 43505 b




1
fulfills those terms and conditions pursuant
to Section 10 of 
2
the Cannabis Control Act, Section 410 of the Illinois

3
Controlled Substances Act, Section 70 of the Methamphetamine 
4
Control and Community Protection Act, Section 12-4.3 of the 
5
Criminal Code
of 1961, Section 10-102 of the Illinois 
6
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the 
7
Alcoholism and Other Drug Abuse and
Dependency Act, or Section 
8
10 of the Steroid Control Act. 

9
    (f) No court order issued under the expungement provisions 
10
of this
Section shall become final for purposes of appeal until 
11
30 days after
notice is received by the Department.  Any court 
12
order contrary to the
provisions of this Section is void.

13
    (g) Except as otherwise provided in subsection (c-5) of 
14
this Section,
the court shall not order the sealing or 
15
expungement of the arrest
records and records of the circuit 
16
court clerk of any person granted
supervision for or convicted 
17
of any sexual offense committed against a minor
under 18 years 
18
of age.  For the purposes of this Section, "sexual offense

19
committed against a minor" includes but is not limited to the 
20
offenses of
indecent solicitation of a child or criminal sexual 
21
abuse when the victim of
such offense is under 18 years of age.

22
    (h) (1) Applicability. Notwithstanding any other provision 
23
of this Act to the contrary and cumulative with any rights to 
24
expungement of criminal records, this subsection authorizes 
25
the  sealing of criminal records of adults and of minors 
26
prosecuted as adults.
 


 






SB2053 Enrolled
- 9 -
LRB095 17433 RLC 43505 b




1
    (2) Sealable offenses. The following offenses may be 
2
sealed:
3
        (A) All municipal ordinance violations and 
4
    misdemeanors, with the exception of the following:
5
            (i) violations of Section 11-501 of the Illinois 
6
        Vehicle Code or a similar provision of a local 
7
        ordinance;
8
            (ii) violations of Article 11 of the Criminal Code 
9
        of 1961 or a similar provision of a local ordinance, 
10
        except Section 11-14 of the Criminal Code of 1961 as 
11
        provided in clause B(i) of this subsection (h);
12
            (iii) violations of Section 12-15, 12-30, or 26-5 
13
        of the Criminal Code of 1961 or a similar provision of 
14
        a local ordinance;
15
            (iv) violations that are a crime of violence as 
16
        defined in Section 2 of the Crime Victims Compensation 
17
        Act or a similar provision of a local ordinance;
18
            (v) Class A misdemeanor violations of the Humane 
19
        Care for Animals Act; and
20
            (vi) any offense or attempted offense that would 
21
        subject a person to registration under the Sex Offender 
22
        Registration Act.
23
        (B) Misdemeanor and Class 4 felony violations of:
24
            (i) Section 11-14 of the Criminal Code of 1961;
25
            (ii) Section 4 of the Cannabis Control Act;
26
            (iii) Section 402 of the Illinois Controlled 
 


 






SB2053 Enrolled
- 10 -
LRB095 17433 RLC 43505 b




1
        Substances Act; and
2
            (iv) Section 60 of the Methamphetamine Control and 
3
        Community Protection Act.

4
        However, for purposes of this subsection (h), a 
5
    sentence of first offender probation under Section 10 of 
6
    the Cannabis Control Act, Section 410 of the Illinois 
7
    Controlled Substances Act, or Section 70 of the 
8
    Methamphetamine Control and Community Protection Act shall 
9
    be treated as a Class 4 felony conviction.
10
    (3) Requirements for sealing. Records identified as 
11
sealable under clause (h) (2) may be sealed when the individual 
12
was:
13
        (A) Acquitted of the offense or offenses or released 
14
    without being convicted.
15
        (B) Convicted of the offense or offenses and the 
16
    conviction or convictions were reversed.
17
        (C) Placed on misdemeanor supervision for an offense or 
18
    offenses; and
19
            (i) at least 3 years have elapsed since the 
20
        completion of the term of supervision, or terms of 
21
        supervision, if more than one term has been ordered; 
22
        and
23
            (ii)  the individual has not been convicted of a 
24
        felony or misdemeanor or placed on supervision for a 
25
        misdemeanor or felony during the period specified in 
26
        clause (i).
 


 






SB2053 Enrolled
- 11 -
LRB095 17433 RLC 43505 b




1
        (D) Convicted of an offense or offenses; and
2
            (i)   at least 4 years have elapsed since the last 
3
        such conviction or term of any sentence, probation, 
4
        parole, or supervision, if any, whichever is last in 
5
        time; and
6
            (ii)  the individual has not been convicted of a 
7
        felony or misdemeanor or placed on supervision for a 
8
        misdemeanor or felony during the period specified in 
9
        clause (i).
10
    (4) Requirements for sealing of records when more than one 
11
charge and disposition have been filed. When multiple offenses 
12
are petitioned to be sealed under this subsection (h), the 
13
requirements of the relevant provisions of clauses (h)(3)(A) 
14
through (D) each apply.  In instances in which more than one 
15
waiting period is applicable under clauses (h)(C)(i) and (ii) 
16
and (h)(D)(i) and (ii), the longer applicable period applies, 
17
and the requirements of clause (h) (3) shall be considered met 
18
when the petition is filed after the passage of the longer 
19
applicable waiting period. That period commences on the date of 
20
the completion of the last sentence or the end of supervision, 
21
probation, or parole, whichever is last in time.
22
    (5) Subsequent convictions. A person may not have 
23
subsequent felony conviction records sealed as provided in this 
24
subsection (h) if he or she is convicted of any felony offense 
25
after the date of the sealing of prior felony records as 
26
provided in this subsection (h).
 


 






SB2053 Enrolled
- 12 -
LRB095 17433 RLC 43505 b




1
    (6) Notice of eligibility for sealing. Upon acquittal, 
2
release without conviction, or being  placed on supervision for 
3
a sealable offense, or upon conviction of a sealable offense, 
4
the person shall be informed by the court of the right to have 
5
the records sealed and the procedures for the sealing of the 
6
records.
7
    (7) Procedure.  Upon becoming eligible for the sealing of 
8
records under this subsection (h),  the person who seeks the 
9
sealing of his or her records shall file a petition requesting 
10
the sealing of records with the clerk of the court where the 
11
charge or charges were brought. The records may be sealed by 
12
the Chief Judge of the circuit wherein the charge was brought, 
13
any judge of that circuit designated by the Chief Judge, or in 
14
counties of less than 3,000,000 inhabitants, the presiding 
15
trial judge at the defendant's trial, if any. If charges were 
16
brought in multiple jurisdictions, a petition must be filed in 
17
each such jurisdiction. The petitioner shall pay the applicable 
18
fee, if not waived.
19
        (A) Contents of petition. The petition  shall contain 
20
    the petitioner's name, date of birth, current address, each 
21
    charge, each case number, the date of each charge, the 
22
    identity of the arresting authority,  and such other 
23
    information as the court may require.   During the pendency 
24
    of the proceeding, the petitioner shall promptly notify the 
25
    clerk of the court of any change of address.
26
        (B) Drug test.  A person filing a petition to have his 
 


 






SB2053 Enrolled
- 13 -
LRB095 17433 RLC 43505 b




1
    or her records sealed for a Class 4 felony violation of 
2
    Section 4 of the Cannabis Control Act or for a Class 4 
3
    felony violation of Section 402 of the Illinois Controlled 
4
    Substances Act must attach to the petition proof that the 
5
    petitioner has passed a test taken within the previous 30 
6
    days before the filing of the petition showing the absence 
7
    within his or her body of all illegal substances in 
8
    violation of either the Illinois Controlled Substances Act 
9
    or the Cannabis Control Act.
10
        (C) Service of petition. The clerk shall promptly serve 
11
    a copy of the petition on the State's Attorney or 
12
    prosecutor charged with the duty of prosecuting the 
13
    offense, the Department of State Police, the arresting 
14
    agency and the chief legal officer of the unit of local 
15
    government effecting the arrest.
16
        (D) Entry of order.  Unless the State's Attorney or 
17
    prosecutor, the Department of State Police, the arresting 
18
    agency or such chief legal officer objects to sealing of 
19
    the records within 90 days of notice the court shall enter 
20
    an order sealing the defendant's records.
21
        (E) Hearing upon objection.  If an objection is filed, 
22
    the court shall set a date for a hearing and notify the 
23
    petitioner and the parties on whom the petition had been 
24
    served, and shall hear evidence on whether the sealing of 
25
    the records should or should not be granted, and shall make 
26
    a determination on whether to issue an order to seal the 
 


 






SB2053 Enrolled
- 14 -
LRB095 17433 RLC 43505 b




1
    records based on the evidence presented at the hearing.
2
        (F) Service of order. After entering the order to seal 
3
    records, the court must provide copies of the order to the 
4
    Department, in a form and manner prescribed by the 
5
    Department, to the petitioner, to the State's Attorney or 
6
    prosecutor charged with the duty of prosecuting the 
7
    offense, to the arresting agency, to the chief legal 
8
    officer of the unit of local government effecting the 
9
    arrest, and to such other criminal justice agencies as may 
10
    be ordered by the court.
11
    (8) Fees. Notwithstanding any provision of the Clerk of the 
12
Courts Act to the contrary, and subject to the approval of the 
13
county board, the clerk may charge a fee equivalent to the cost 
14
associated with the sealing of records by the clerk and the 
15
Department of State Police. The clerk shall forward the 
16
Department of State Police portion of the fee to the Department 
17
and it shall be deposited into the State Police Services Fund.
18
    (i)  Subject to available funding, the Illinois Department 
19
of Corrections shall conduct a study of the impact of sealing, 
20
especially on employment and recidivism rates, utilizing a 
21
random sample of those who apply for the sealing of their 
22
criminal records under Public Act 93-211, in accordance to 
23
rules adopted by the Department.  At the request of the Illinois 
24
Department of Corrections, records of the Illinois Department 
25
of Employment Security shall be utilized as appropriate to 
26
assist in the study. The study shall not disclose any data in a 
 


 






SB2053 Enrolled
- 15 -
LRB095 17433 RLC 43505 b




1
manner that would allow the identification of any particular 
2
individual or employing unit. The study shall be made available 
3
to the General Assembly no later than September 1, 2006.

4
    (j)  Notwithstanding any provision of the Clerks of Courts 
5
Act to the contrary, the clerk may charge a fee equivalent to 
6
the cost associated with the sealing or expungement of records 
7
by the clerk. From the total filing fee collected for the 
8
Petition to seal or expunge, the clerk shall deposit $10 into 
9
the Circuit Court Clerk Operation and Administrative Fund, to 
10
be used to offset the costs incurred by the Circuit Court Clerk 
11
in performing the additional duties required to serve the 
12
Petition to Seal or Expunge on all parties. The clerk shall 
13
also charge a filing fee equivalent to the cost of sealing or 
14
expunging the record by the Department of State Police. The 
15
clerk shall collect and forward the Department of State Police 
16
portion of the fee to the Department and it shall be deposited 
17
in the State Police Services Fund. 
18
(Source: P.A. 93-210, eff. 7-18-03; 93-211, eff. 1-1-04; 
19
93-1084, eff. 6-1-05; 94-556, eff. 9-11-05.)