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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing 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
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10 | the meanings set forth in this subsection, except when a
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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 12-4.3(b)(1) and (2) | ||||||
21 | of the Criminal Code of 1961 (as those provisions | ||||||
22 | existed before their deletion by Public Act 89-313), | ||||||
23 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
24 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
25 | and Other Drug Abuse and Dependency Act, or Section 10 | ||||||
26 | of the Steroid Control Act. For the purpose of this |
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1 | Section, "successful completion" of an order of | ||||||
2 | qualified probation under Section 10-102 of the | ||||||
3 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
4 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
5 | and Dependency Act means that the probation was | ||||||
6 | terminated satisfactorily and the judgment of | ||||||
7 | conviction was vacated. | ||||||
8 | (K) "Seal" means to physically and electronically | ||||||
9 | maintain the records, unless the records would | ||||||
10 | otherwise be destroyed due to age, but to make the | ||||||
11 | records unavailable without a court order, subject to | ||||||
12 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
13 | petitioner's name shall also be obliterated from the | ||||||
14 | official index required to be kept by the circuit court | ||||||
15 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
16 | any index issued by the circuit court clerk before the | ||||||
17 | entry of the order to seal shall not be affected. | ||||||
18 | (L) "Sexual offense committed against a minor" | ||||||
19 | includes but is
not limited to the offenses of indecent | ||||||
20 | solicitation of a child
or criminal sexual abuse when | ||||||
21 | the victim of such offense is
under 18 years of age. | ||||||
22 | (M) "Terminate" as it relates to a sentence or | ||||||
23 | order of supervision or qualified probation includes | ||||||
24 | either satisfactory or unsatisfactory termination of | ||||||
25 | the sentence, unless otherwise specified in this | ||||||
26 | Section. |
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1 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
2 | convictions for minor traffic offenses shall not affect a | ||||||
3 | petitioner's eligibility to expunge or seal records | ||||||
4 | pursuant to this Section. | ||||||
5 | (3) Exclusions. Except as otherwise provided in | ||||||
6 | subsections (b)(5), (b)(6), and (e) of this Section, the | ||||||
7 | court shall not order: | ||||||
8 | (A) the sealing or expungement of the records of | ||||||
9 | arrests or charges not initiated by arrest that result | ||||||
10 | in an order of supervision for or conviction of:
(i) | ||||||
11 | any sexual offense committed against a
minor; (ii) | ||||||
12 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
13 | similar provision of a local ordinance; or (iii) | ||||||
14 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
15 | similar provision of a local ordinance. | ||||||
16 | (B) the sealing or expungement of records of minor | ||||||
17 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
18 | unless the petitioner was arrested and released | ||||||
19 | without charging. | ||||||
20 | (C) the sealing of the records of arrests or | ||||||
21 | charges not initiated by arrest which result in an | ||||||
22 | order of supervision, an order of qualified probation | ||||||
23 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
24 | for the following offenses: | ||||||
25 | (i) offenses included in Article 11 of the | ||||||
26 | Criminal Code of 1961 or a similar provision of a |
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1 | local ordinance, except Section 11-14 of the | ||||||
2 | Criminal Code of 1961 or a similar provision of a | ||||||
3 | local ordinance; | ||||||
4 | (ii) Section 12-15, 12-30, or 26-5 of the | ||||||
5 | Criminal Code of 1961 or a similar provision of a | ||||||
6 | local ordinance; | ||||||
7 | (iii) offenses defined as "crimes of violence" | ||||||
8 | in Section 2 of the Crime Victims Compensation Act | ||||||
9 | or a similar provision of a local ordinance; | ||||||
10 | (iv) offenses which are Class A misdemeanors | ||||||
11 | under the Humane Care for Animals Act; or | ||||||
12 | (v) any offense or attempted offense that | ||||||
13 | would subject a person to registration under the | ||||||
14 | Sex Offender Registration Act. | ||||||
15 | (D) the sealing of the records of an arrest which | ||||||
16 | results in
the petitioner being charged with a felony | ||||||
17 | offense or records of a charge not initiated by arrest | ||||||
18 | for a felony offense , regardless of the disposition, | ||||||
19 | unless: | ||||||
20 | (i) the charge results in acquittal or | ||||||
21 | dismissal; | ||||||
22 | (ii) the charge results in a conviction, but | ||||||
23 | the conviction was reversed or vacated; | ||||||
24 | (iii) (i) the charge is amended to a | ||||||
25 | misdemeanor and is otherwise
eligible to be sealed | ||||||
26 | pursuant to subsection (c); |
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1 | (iv) (ii) the charge results in first offender | ||||||
2 | probation as set forth in subsection (c)(2)(E); or | ||||||
3 | (v) (iii) the charge is for a Class 4 felony | ||||||
4 | offense listed in subsection (c)(2)(F) or the | ||||||
5 | charge is amended to a Class 4 felony offense | ||||||
6 | listed in subsection (c)(2)(F). Records of arrests | ||||||
7 | which result in the petitioner being charged with a | ||||||
8 | Class 4 felony offense listed in subsection | ||||||
9 | (c)(2)(F), records of charges not initiated by | ||||||
10 | arrest for Class 4 felony offenses listed in | ||||||
11 | subsection (c)(2)(F), and records of charges | ||||||
12 | amended to a Class 4 felony offense listed in | ||||||
13 | (c)(2)(F) may be sealed, regardless of the | ||||||
14 | disposition, subject to any waiting periods set | ||||||
15 | forth in subsection (c)(3). | ||||||
16 | (b) Expungement. | ||||||
17 | (1) A petitioner may petition the circuit court to | ||||||
18 | expunge the
records of his or her arrests and charges not | ||||||
19 | initiated by arrest when: | ||||||
20 | (A) He or she has never been convicted of a | ||||||
21 | criminal offense; and | ||||||
22 | (B) Each arrest or charge not initiated by arrest
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23 | sought to be expunged resulted in:
(i) acquittal, | ||||||
24 | dismissal, or the petitioner's release without | ||||||
25 | charging, unless excluded by subsection (a)(3)(B);
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26 | (ii) a conviction which was vacated or reversed, unless |
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1 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
2 | supervision and such supervision was successfully | ||||||
3 | completed by the petitioner, unless excluded by | ||||||
4 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
5 | qualified probation (as defined in subsection | ||||||
6 | (a)(1)(J)) and such probation was successfully | ||||||
7 | completed by the petitioner. | ||||||
8 | (2) Time frame for filing a petition to expunge. | ||||||
9 | (A) When the arrest or charge not initiated by | ||||||
10 | arrest sought to be expunged resulted in an acquittal, | ||||||
11 | dismissal, the petitioner's release without charging, | ||||||
12 | or the reversal or vacation of a conviction, there is | ||||||
13 | no waiting period to petition for the expungement of | ||||||
14 | such records. | ||||||
15 | (B) When the arrest or charge not initiated by | ||||||
16 | arrest
sought to be expunged resulted in an order of | ||||||
17 | supervision, successfully
completed by the petitioner, | ||||||
18 | the following time frames will apply: | ||||||
19 | (i) Those arrests or charges that resulted in | ||||||
20 | orders of
supervision under Section 3-707, 3-708, | ||||||
21 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
22 | similar provision of a local ordinance, or under | ||||||
23 | Section 12-3.2, 12-15 or 16A-3 of the Criminal Code | ||||||
24 | of 1961, shall not be eligible for expungement | ||||||
25 | until 5 years have passed following the | ||||||
26 | satisfactory termination of the supervision. |
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1 | (ii) Those arrests or charges that resulted in | ||||||
2 | orders
of supervision for any other offenses shall | ||||||
3 | not be
eligible for expungement until 2 years have | ||||||
4 | passed
following the satisfactory termination of | ||||||
5 | the supervision. | ||||||
6 | (C) When the arrest or charge not initiated by | ||||||
7 | arrest sought to
be expunged resulted in an order of | ||||||
8 | qualified probation, successfully
completed by the | ||||||
9 | petitioner, such records shall not be eligible for
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10 | expungement until 5 years have passed following the | ||||||
11 | satisfactory
termination of the probation. | ||||||
12 | (3) Those records maintained by the Department for
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13 | persons arrested prior to their 17th birthday shall be
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14 | expunged as provided in Section 5-915 of the Juvenile Court
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15 | Act of 1987. | ||||||
16 | (4) Whenever a person has been arrested for or | ||||||
17 | convicted of any
offense, in the name of a person whose | ||||||
18 | identity he or she has stolen or otherwise
come into | ||||||
19 | possession of, the aggrieved person from whom the identity
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20 | was stolen or otherwise obtained without authorization,
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21 | upon learning of the person having been arrested using his
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22 | or her identity, may, upon verified petition to the chief | ||||||
23 | judge of
the circuit wherein the arrest was made, have a | ||||||
24 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
25 | correct the
arrest record, conviction record, if any, and | ||||||
26 | all official
records of the arresting authority, the |
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1 | Department, other
criminal justice agencies, the | ||||||
2 | prosecutor, and the trial
court concerning such arrest, if | ||||||
3 | any, by removing his or her name
from all such records in | ||||||
4 | connection with the arrest and
conviction, if any, and by | ||||||
5 | inserting in the records the
name of the offender, if known | ||||||
6 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
7 | records of the circuit court clerk shall be sealed until | ||||||
8 | further order of
the court upon good cause shown and the | ||||||
9 | name of the
aggrieved person obliterated on the official | ||||||
10 | index
required to be kept by the circuit court clerk under
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11 | Section 16 of the Clerks of Courts Act, but the order shall
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12 | not affect any index issued by the circuit court clerk
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13 | before the entry of the order. Nothing in this Section
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14 | shall limit the Department of State Police or other
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15 | criminal justice agencies or prosecutors from listing
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16 | under an offender's name the false names he or she has
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17 | used. | ||||||
18 | (5) Whenever a person has been convicted of criminal
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19 | sexual assault, aggravated criminal sexual assault,
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20 | predatory criminal sexual assault of a child, criminal
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21 | sexual abuse, or aggravated criminal sexual abuse, the
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22 | victim of that offense may request that the State's
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23 | Attorney of the county in which the conviction occurred
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24 | file a verified petition with the presiding trial judge at
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25 | the petitioner's trial to have a court order entered to | ||||||
26 | seal
the records of the circuit court clerk in connection
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1 | with the proceedings of the trial court concerning that
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2 | offense. However, the records of the arresting authority
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3 | and the Department of State Police concerning the offense
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4 | shall not be sealed. The court, upon good cause shown,
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5 | shall make the records of the circuit court clerk in
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6 | connection with the proceedings of the trial court
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7 | concerning the offense available for public inspection. | ||||||
8 | (6) If a conviction has been set aside on direct review
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9 | or on collateral attack and the court determines by clear
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10 | and convincing evidence that the petitioner was factually
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11 | innocent of the charge, the court shall enter an
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12 | expungement order as provided in subsection (b) of Section
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13 | 5-5-4 of the Unified Code of Corrections. | ||||||
14 | (7) Nothing in this Section shall prevent the | ||||||
15 | Department of
State Police from maintaining all records of | ||||||
16 | any person who
is admitted to probation upon terms and | ||||||
17 | conditions and who
fulfills those terms and conditions | ||||||
18 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
19 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
20 | of the
Methamphetamine Control and Community Protection | ||||||
21 | Act,
Section 12-4.3 of the Criminal Code of 1961, Section | ||||||
22 | 10-102
of the Illinois Alcoholism and Other Drug Dependency | ||||||
23 | Act,
Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
24 | and
Dependency Act, or Section 10 of the Steroid Control | ||||||
25 | Act. | ||||||
26 | (c) Sealing. |
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1 | (1) Applicability. Notwithstanding any other provision | ||||||
2 | of this Act to the contrary, and cumulative with any rights | ||||||
3 | to expungement of criminal records, this subsection | ||||||
4 | authorizes the sealing of criminal records of adults and of | ||||||
5 | minors prosecuted as adults. | ||||||
6 | (2) Eligible Records. The following records may be | ||||||
7 | sealed: | ||||||
8 | (A) All arrests resulting in release without | ||||||
9 | charging; | ||||||
10 | (B) Arrests or charges not initiated by arrest | ||||||
11 | resulting in acquittal, dismissal, or conviction when | ||||||
12 | the conviction was reversed or vacated, except as | ||||||
13 | excluded by subsection (a)(3)(B) or (a)(3)(D) ; | ||||||
14 | (C) Arrests or charges not initiated by arrest | ||||||
15 | resulting in orders of supervision successfully | ||||||
16 | completed by the petitioner, unless excluded by | ||||||
17 | subsection (a)(3); | ||||||
18 | (D) Arrests or charges not initiated by arrest | ||||||
19 | resulting in convictions unless excluded by subsection | ||||||
20 | (a)(3); | ||||||
21 | (E) Arrests or charges not initiated by arrest | ||||||
22 | resulting in orders of first offender probation under | ||||||
23 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
24 | the Illinois Controlled Substances Act, or Section 70 | ||||||
25 | of the Methamphetamine Control and Community | ||||||
26 | Protection Act; and |
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1 | (F) Arrests or charges not initiated by arrest | ||||||
2 | resulting in Class 4 felony convictions for the | ||||||
3 | following offenses: | ||||||
4 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
5 | (ii) Section 4 of the Cannabis Control Act; | ||||||
6 | (iii) Section 402 of the Illinois Controlled | ||||||
7 | Substances Act; | ||||||
8 | (iv) the Methamphetamine Precursor Control | ||||||
9 | Act; and | ||||||
10 | (v) the Steroid Control Act. | ||||||
11 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
12 | identified as eligible under subsection (c)(2) may be | ||||||
13 | sealed as follows: | ||||||
14 | (A) Records identified as eligible under | ||||||
15 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
16 | time. | ||||||
17 | (B) Records identified as eligible under | ||||||
18 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
19 | the termination of petitioner's last sentence (as | ||||||
20 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
21 | never been convicted of a criminal offense (as defined | ||||||
22 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
23 | termination of the petitioner's last sentence (as | ||||||
24 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
25 | ever been convicted of a criminal offense (as defined | ||||||
26 | in subsection (a)(1)(D)). |
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1 | (C) Records identified as eligible under | ||||||
2 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
3 | sealed 4 years after the termination of the | ||||||
4 | petitioner's last sentence (as defined in subsection | ||||||
5 | (a)(1)(F)). | ||||||
6 | (4) Subsequent felony convictions. A person may not | ||||||
7 | have
subsequent felony conviction records sealed as | ||||||
8 | provided in this subsection
(c) if he or she is convicted | ||||||
9 | of any felony offense after the date of the
sealing of | ||||||
10 | prior felony convictions as provided in this subsection | ||||||
11 | (c). The court may, upon conviction for a subsequent felony | ||||||
12 | offense, order the unsealing of prior felony conviction | ||||||
13 | records previously ordered sealed by the court. | ||||||
14 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
15 | disposition for an eligible record under this subsection | ||||||
16 | (c), the petitioner shall be informed by the court of the | ||||||
17 | right to have the records sealed and the procedures for the | ||||||
18 | sealing of the records. | ||||||
19 | (d) Procedure. The following procedures apply to | ||||||
20 | expungement under subsections (b) and (e), and sealing under | ||||||
21 | subsection (c): | ||||||
22 | (1) Filing the petition. Upon becoming eligible to | ||||||
23 | petition for
the expungement or sealing of records under | ||||||
24 | this Section, the petitioner shall file a petition | ||||||
25 | requesting the expungement
or sealing of records with the | ||||||
26 | clerk of the court where the arrests occurred or the |
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1 | charges were brought, or both. If arrests occurred or | ||||||
2 | charges were brought in multiple jurisdictions, a petition | ||||||
3 | must be filed in each such jurisdiction. The petitioner | ||||||
4 | shall pay the applicable fee, if not waived. | ||||||
5 | (2) Contents of petition. The petition shall be
| ||||||
6 | verified and shall contain the petitioner's name, date of
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7 | birth, current address and, for each arrest or charge not | ||||||
8 | initiated by
arrest sought to be sealed or expunged, the | ||||||
9 | case number, the date of
arrest (if any), the identity of | ||||||
10 | the arresting authority, and such
other information as the | ||||||
11 | court may require. During the pendency
of the proceeding, | ||||||
12 | the petitioner shall promptly notify the
circuit court | ||||||
13 | clerk of any change of his or her address. | ||||||
14 | (3) Drug test. The petitioner must attach to the | ||||||
15 | petition proof that the petitioner has passed a test taken | ||||||
16 | within 30 days before the filing of the petition showing | ||||||
17 | the absence within his or her body of all illegal | ||||||
18 | substances as defined by the Illinois Controlled | ||||||
19 | Substances Act, the Methamphetamine Control and Community | ||||||
20 | Protection Act, and the Cannabis Control Act if he or she | ||||||
21 | is petitioning to seal felony records pursuant to clause | ||||||
22 | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | ||||||
23 | petitioning to expunge felony records of a qualified | ||||||
24 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
25 | (4) Service of petition. The circuit court clerk shall | ||||||
26 | promptly
serve a copy of the petition on the State's |
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1 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
2 | the
offense, the Department of State Police, the arresting
| ||||||
3 | agency and the chief legal officer of the unit of local
| ||||||
4 | government effecting the arrest. | ||||||
5 | (5) Objections. | ||||||
6 | (A) Any party entitled to notice of the petition | ||||||
7 | may file an objection to the petition. All objections | ||||||
8 | shall be in writing, shall be filed with the circuit | ||||||
9 | court clerk, and shall state with specificity the basis | ||||||
10 | of the objection. | ||||||
11 | (B) Objections to a petition to expunge or seal | ||||||
12 | must be filed within 60 days of the date of service of | ||||||
13 | the petition. | ||||||
14 | (6) Entry of order. | ||||||
15 | (A) The Chief Judge of the circuit wherein the | ||||||
16 | charge was brought, any judge of that circuit | ||||||
17 | designated by the Chief Judge, or in counties of less | ||||||
18 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
19 | at the petitioner's trial, if any, shall rule on the | ||||||
20 | petition to expunge or seal as set forth in this | ||||||
21 | subsection (d)(6). | ||||||
22 | (B) Unless the State's Attorney or prosecutor, the | ||||||
23 | Department of
State Police, the arresting agency, or | ||||||
24 | the chief legal officer
files an objection to the | ||||||
25 | petition to expunge or seal within 60 days from the | ||||||
26 | date of service of the petition, the court shall enter |
| |||||||
| |||||||
1 | an order granting or denying the petition. | ||||||
2 | (7) Hearings. If an objection is filed, the court shall | ||||||
3 | set a date for a hearing and notify the petitioner and all | ||||||
4 | parties entitled to notice of the petition of the hearing | ||||||
5 | date at least 30 days prior to the hearing, and shall hear | ||||||
6 | evidence on whether the petition should or should not be | ||||||
7 | granted, and shall grant or deny the petition to expunge or | ||||||
8 | seal the records based on the evidence presented at the | ||||||
9 | hearing. | ||||||
10 | (8) Service of order. After entering an order to | ||||||
11 | expunge or
seal records, the court must provide copies of | ||||||
12 | the order to the
Department, in a form and manner | ||||||
13 | prescribed by the Department,
to the petitioner, to the | ||||||
14 | State's Attorney or prosecutor
charged with the duty of | ||||||
15 | prosecuting the offense, to the
arresting agency, to the | ||||||
16 | chief legal officer of the unit of
local government | ||||||
17 | effecting the arrest, and to such other
criminal justice | ||||||
18 | agencies as may be ordered by the court. | ||||||
19 | (9) Effect of order. | ||||||
20 | (A) Upon entry of an order to expunge records | ||||||
21 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
22 | (i) the records shall be expunged (as defined | ||||||
23 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
24 | the Department, and any other agency as ordered by | ||||||
25 | the court, within 60 days of the date of service of | ||||||
26 | the order, unless a motion to vacate, modify, or |
| |||||||
| |||||||
1 | reconsider the order is filed pursuant to | ||||||
2 | paragraph (12) of subsection (d) of this Section; | ||||||
3 | (ii) the records of the circuit court clerk | ||||||
4 | shall be impounded until further order of the court | ||||||
5 | upon good cause shown and the name of the | ||||||
6 | petitioner obliterated on the official index | ||||||
7 | required to be kept by the circuit court clerk | ||||||
8 | under Section 16 of the Clerks of Courts Act, but | ||||||
9 | the order shall not affect any index issued by the | ||||||
10 | circuit court clerk before the entry of the order; | ||||||
11 | and | ||||||
12 | (iii) in response to an inquiry for expunged | ||||||
13 | records, the court, the Department, or the agency | ||||||
14 | receiving such inquiry, shall reply as it does in | ||||||
15 | response to inquiries when no records ever | ||||||
16 | existed. | ||||||
17 | (B) Upon entry of an order to expunge records | ||||||
18 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
19 | (i) the records shall be expunged (as defined | ||||||
20 | in subsection (a)(1)(E)) by the arresting agency | ||||||
21 | and any other agency as ordered by the court, | ||||||
22 | within 60 days of the date of service of the order, | ||||||
23 | unless a motion to vacate, modify, or reconsider | ||||||
24 | the order is filed pursuant to paragraph (12) of | ||||||
25 | subsection (d) of this Section; | ||||||
26 | (ii) the records of the circuit court clerk |
| |||||||
| |||||||
1 | shall be impounded until further order of the court | ||||||
2 | upon good cause shown and the name of the | ||||||
3 | petitioner obliterated on the official index | ||||||
4 | required to be kept by the circuit court clerk | ||||||
5 | under Section 16 of the Clerks of Courts Act, but | ||||||
6 | the order shall not affect any index issued by the | ||||||
7 | circuit court clerk before the entry of the order; | ||||||
8 | (iii) the records shall be impounded by the
| ||||||
9 | Department within 60 days of the date of service of | ||||||
10 | the order as ordered by the court, unless a motion | ||||||
11 | to vacate, modify, or reconsider the order is filed | ||||||
12 | pursuant to paragraph (12) of subsection (d) of | ||||||
13 | this Section; | ||||||
14 | (iv) records impounded by the Department may | ||||||
15 | be disseminated by the Department only to the | ||||||
16 | arresting authority, the State's Attorney, and the | ||||||
17 | court upon a later arrest for the same or a similar | ||||||
18 | offense or for the purpose of sentencing for any | ||||||
19 | subsequent felony, and to the Department of | ||||||
20 | Corrections upon conviction for any offense; and | ||||||
21 | (v) in response to an inquiry for such records | ||||||
22 | from anyone not authorized by law to access such | ||||||
23 | records the court, the Department, or the agency | ||||||
24 | receiving such inquiry shall reply as it does in | ||||||
25 | response to inquiries when no records ever | ||||||
26 | existed. |
| |||||||
| |||||||
1 | (C) Upon entry of an order to seal records under | ||||||
2 | subsection
(c), the arresting agency, any other agency | ||||||
3 | as ordered by the court, the Department, and the court | ||||||
4 | shall seal the records (as defined in subsection | ||||||
5 | (a)(1)(K)). In response to an inquiry for such records | ||||||
6 | from anyone not authorized by law to access such | ||||||
7 | records the court, the Department, or the agency | ||||||
8 | receiving such inquiry shall reply as it does in | ||||||
9 | response to inquiries when no records ever existed. | ||||||
10 | (10) Fees. The Department may charge the petitioner a | ||||||
11 | fee equivalent to the cost of processing any order to | ||||||
12 | expunge or seal records. Notwithstanding any provision of | ||||||
13 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
14 | clerk may charge a fee equivalent to the cost associated | ||||||
15 | with the sealing or expungement of records by the circuit | ||||||
16 | court clerk. From the total filing fee collected for the | ||||||
17 | petition to seal or expunge, the circuit court clerk shall | ||||||
18 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund, to be used to offset the costs | ||||||
20 | incurred by the circuit court clerk in performing the | ||||||
21 | additional duties required to serve the petition to seal or | ||||||
22 | expunge on all parties. The circuit court clerk shall | ||||||
23 | collect and forward the Department of State Police portion | ||||||
24 | of the fee to the Department and it shall be deposited in | ||||||
25 | the State Police Services Fund. | ||||||
26 | (11) Final Order. No court order issued under the |
| |||||||
| |||||||
1 | expungement or sealing provisions of this Section shall | ||||||
2 | become final for purposes of appeal until 30 days after | ||||||
3 | service of the order on the petitioner and all parties | ||||||
4 | entitled to notice of the petition. | ||||||
5 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
6 | petitioner or any party entitled to notice may file a | ||||||
7 | motion to vacate, modify, or reconsider the order granting | ||||||
8 | or denying the petition to expunge or seal within 60 days | ||||||
9 | of service of the order. | ||||||
10 | (e) Whenever a person who has been convicted of an offense | ||||||
11 | is granted
a pardon by the Governor which specifically | ||||||
12 | authorizes expungement, he or she may,
upon verified petition | ||||||
13 | to the Chief Judge of the circuit where the person had
been | ||||||
14 | convicted, any judge of the circuit designated by the Chief | ||||||
15 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
16 | presiding trial judge at the
defendant's trial, have a court | ||||||
17 | order entered expunging the record of
arrest from the official | ||||||
18 | records of the arresting authority and order that the
records | ||||||
19 | of the circuit court clerk and the Department be sealed until
| ||||||
20 | 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 or she had been pardoned but the order | ||||||
26 | shall not affect any index issued by
the circuit court clerk |
| |||||||
| |||||||
1 | before the entry of the order. All records sealed by
the | ||||||
2 | Department may be disseminated by the Department only as | ||||||
3 | required by law or
to the arresting authority, the State's | ||||||
4 | Attorney, and the court upon a later
arrest for the same or | ||||||
5 | similar offense or for the purpose of sentencing for any
| ||||||
6 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
7 | the Department
of Corrections shall have access to all sealed | ||||||
8 | records of the Department
pertaining to that individual. Upon | ||||||
9 | entry of the order of expungement, the
circuit court clerk | ||||||
10 | shall promptly mail a copy of the order to the
person who was | ||||||
11 | pardoned. | ||||||
12 | (f) Subject to available funding, the Illinois Department
| ||||||
13 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
14 | especially on employment and recidivism rates, utilizing a
| ||||||
15 | random sample of those who apply for the sealing of their
| ||||||
16 | criminal records under Public Act 93-211. At the request of the
| ||||||
17 | Illinois Department of Corrections, records of the Illinois
| ||||||
18 | Department of Employment Security shall be utilized as
| ||||||
19 | appropriate to assist in the study. The study shall not
| ||||||
20 | disclose any data in a manner that would allow the
| ||||||
21 | identification of any particular individual or employing unit.
| ||||||
22 | The study shall be made available to the General Assembly no
| ||||||
23 | later than September 1, 2010. | ||||||
24 | (Source: P.A. 96-409, eff. 1-1-10.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|