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| | HB4021 Engrossed | | LRB099 08371 RLC 28523 b |
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1 | | AN ACT concerning State government.
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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:
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6 | | (20 ILCS 2630/5.2)
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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 5-6-3.3 or 5-6-3.4 |
21 | | of the Unified Code of Corrections, Section |
22 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
23 | | those provisions existed before their deletion by |
24 | | Public Act 89-313), Section 10-102 of the Illinois |
25 | | Alcoholism and Other Drug Dependency Act, Section |
26 | | 40-10 of the Alcoholism and Other Drug Abuse and |
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1 | | Dependency Act, or Section 10 of the Steroid Control |
2 | | Act. For the purpose of this Section, "successful |
3 | | completion" of an order of qualified probation under |
4 | | Section 10-102 of the Illinois Alcoholism and Other |
5 | | Drug Dependency Act and Section 40-10 of the Alcoholism |
6 | | and Other Drug Abuse and Dependency Act means that the |
7 | | probation was terminated satisfactorily and the |
8 | | judgment of conviction was vacated. |
9 | | (K) "Seal" means to physically and electronically |
10 | | maintain the records, unless the records would |
11 | | otherwise be destroyed due to age, but to make the |
12 | | records unavailable without a court order, subject to |
13 | | the exceptions in Sections 12 and 13 of this Act. The |
14 | | petitioner's name shall also be obliterated from the |
15 | | official index required to be kept by the circuit court |
16 | | clerk under Section 16 of the Clerks of Courts Act, but |
17 | | any index issued by the circuit court clerk before the |
18 | | entry of the order to seal shall not be affected. |
19 | | (L) "Sexual offense committed against a minor" |
20 | | includes but is
not limited to the offenses of indecent |
21 | | solicitation of a child
or criminal sexual abuse when |
22 | | the victim of such offense is
under 18 years of age. |
23 | | (M) "Terminate" as it relates to a sentence or |
24 | | order of supervision or qualified probation includes |
25 | | either satisfactory or unsatisfactory termination of |
26 | | the sentence, unless otherwise specified in this |
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1 | | Section. |
2 | | (2) Minor Traffic Offenses.
Orders of supervision or |
3 | | convictions for minor traffic offenses shall not affect a |
4 | | petitioner's eligibility to expunge or seal records |
5 | | pursuant to this Section. |
6 | | (3) Exclusions. Except as otherwise provided in |
7 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
8 | | of this Section, the court shall not order: |
9 | | (A) the sealing or expungement of the records of |
10 | | arrests or charges not initiated by arrest that result |
11 | | in an order of supervision for or conviction of:
(i) |
12 | | any sexual offense committed against a
minor; (ii) |
13 | | Section 11-501 of the Illinois Vehicle Code or a |
14 | | similar provision of a local ordinance; or (iii) |
15 | | Section 11-503 of the Illinois Vehicle Code or a |
16 | | similar provision of a local ordinance, unless the |
17 | | arrest or charge is for a misdemeanor violation of |
18 | | subsection (a) of Section 11-503 or a similar provision |
19 | | of a local ordinance, that occurred prior to the |
20 | | offender reaching the age of 25 years and the offender |
21 | | has no other conviction for violating Section 11-501 or |
22 | | 11-503 of the Illinois Vehicle Code or a similar |
23 | | provision of a local ordinance. |
24 | | (B) the sealing or expungement of records of minor |
25 | | traffic offenses (as defined in subsection (a)(1)(G)), |
26 | | unless the petitioner was arrested and released |
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1 | | without charging. |
2 | | (C) the sealing of the records of arrests or |
3 | | charges not initiated by arrest which result in an |
4 | | order of supervision or a conviction for the following |
5 | | offenses: |
6 | | (i) offenses included in Article 11 of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012 |
8 | | or a similar provision of a local ordinance, except |
9 | | Section 11-14 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012, or a similar provision of a |
11 | | local ordinance; |
12 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
13 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012, or a similar provision of a |
15 | | local ordinance; |
16 | | (iii) Sections 12-3.1 or 12-3.2 of the |
17 | | Criminal Code of 1961 or the Criminal Code of 2012, |
18 | | or Section 125 of the Stalking No Contact Order |
19 | | Act, or Section 219 of the Civil No Contact Order |
20 | | Act, or a similar provision of a local ordinance; |
21 | | (iv) offenses which are Class A misdemeanors |
22 | | under the Humane Care for Animals Act; or |
23 | | (v) any offense or attempted offense that |
24 | | would subject a person to registration under the |
25 | | Sex Offender Registration Act. |
26 | | (D) the sealing of the records of an arrest which |
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1 | | results in
the petitioner being charged with a felony |
2 | | offense or records of a charge not initiated by arrest |
3 | | for a felony offense unless: |
4 | | (i) the charge is amended to a misdemeanor and |
5 | | is otherwise
eligible to be sealed pursuant to |
6 | | subsection (c); |
7 | | (ii) the charge is brought along with another |
8 | | charge as a part of one case and the charge results |
9 | | in acquittal, dismissal, or conviction when the |
10 | | conviction was reversed or vacated, and another |
11 | | charge brought in the same case results in a |
12 | | disposition for a misdemeanor offense that is |
13 | | eligible to be sealed pursuant to subsection (c) or |
14 | | a disposition listed in paragraph (i), (iii), or |
15 | | (iv) of this subsection; |
16 | | (iii) the charge results in first offender |
17 | | probation as set forth in subsection (c)(2)(E); |
18 | | (iv) the charge is for a felony offense listed |
19 | | in subsection (c)(2)(F) or the charge is amended to |
20 | | a felony offense listed in subsection (c)(2)(F); |
21 | | (v) the charge results in acquittal, |
22 | | dismissal, or the petitioner's release without |
23 | | conviction; or |
24 | | (vi) the charge results in a conviction, but |
25 | | the conviction was reversed or vacated. |
26 | | (b) Expungement. |
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1 | | (1) A petitioner may petition the circuit court to |
2 | | expunge the
records of his or her arrests and charges not |
3 | | initiated by arrest when: |
4 | | (A) He or she has never been convicted of a |
5 | | criminal offense; and |
6 | | (B) Each arrest or charge not initiated by arrest
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7 | | sought to be expunged resulted in:
(i) acquittal, |
8 | | dismissal, or the petitioner's release without |
9 | | charging, unless excluded by subsection (a)(3)(B);
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10 | | (ii) a conviction which was vacated or reversed, unless |
11 | | excluded by subsection (a)(3)(B);
(iii) an order of |
12 | | supervision and such supervision was successfully |
13 | | completed by the petitioner, unless excluded by |
14 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
15 | | qualified probation (as defined in subsection |
16 | | (a)(1)(J)) and such probation was successfully |
17 | | completed by the petitioner. |
18 | | (2) Time frame for filing a petition to expunge. |
19 | | (A) When the arrest or charge not initiated by |
20 | | arrest sought to be expunged resulted in an acquittal, |
21 | | dismissal, the petitioner's release without charging, |
22 | | or the reversal or vacation of a conviction, there is |
23 | | no waiting period to petition for the expungement of |
24 | | such records. |
25 | | (B) When the arrest or charge not initiated by |
26 | | arrest
sought to be expunged resulted in an order of |
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1 | | supervision, successfully
completed by the petitioner, |
2 | | the following time frames will apply: |
3 | | (i) Those arrests or charges that resulted in |
4 | | orders of
supervision under Section 3-707, 3-708, |
5 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a |
6 | | similar provision of a local ordinance, or under |
7 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
8 | | Code of 1961 or the Criminal Code of 2012, or a |
9 | | similar provision of a local ordinance, shall not |
10 | | be eligible for expungement until 5 years have |
11 | | passed following the satisfactory termination of |
12 | | the supervision. |
13 | | (i-5) Those arrests or charges that resulted |
14 | | in orders of supervision for a misdemeanor |
15 | | violation of subsection (a) of Section 11-503 of |
16 | | the Illinois Vehicle Code or a similar provision of |
17 | | a local ordinance, that occurred prior to the |
18 | | offender reaching the age of 25 years and the |
19 | | offender has no other conviction for violating |
20 | | Section 11-501 or 11-503 of the Illinois Vehicle |
21 | | Code or a similar provision of a local ordinance |
22 | | shall not be eligible for expungement until the |
23 | | petitioner has reached the age of 25 years. |
24 | | (ii) Those arrests or charges that resulted in |
25 | | orders
of supervision for any other offenses shall |
26 | | not be
eligible for expungement until 2 years have |
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1 | | passed
following the satisfactory termination of |
2 | | the supervision. |
3 | | (C) When the arrest or charge not initiated by |
4 | | arrest sought to
be expunged resulted in an order of |
5 | | qualified probation, successfully
completed by the |
6 | | petitioner, such records shall not be eligible for
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7 | | expungement until 5 years have passed following the |
8 | | satisfactory
termination of the probation. |
9 | | (3) Those records maintained by the Department for
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10 | | persons arrested prior to their 17th birthday shall be
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11 | | expunged as provided in Section 5-915 of the Juvenile Court
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12 | | Act of 1987. |
13 | | (4) Whenever a person has been arrested for or |
14 | | convicted of any
offense, in the name of a person whose |
15 | | identity he or she has stolen or otherwise
come into |
16 | | possession of, the aggrieved person from whom the identity
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17 | | was stolen or otherwise obtained without authorization,
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18 | | upon learning of the person having been arrested using his
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19 | | or her identity, may, upon verified petition to the chief |
20 | | judge of
the circuit wherein the arrest was made, have a |
21 | | court order
entered nunc pro tunc by the Chief Judge to |
22 | | correct the
arrest record, conviction record, if any, and |
23 | | all official
records of the arresting authority, the |
24 | | Department, other
criminal justice agencies, the |
25 | | prosecutor, and the trial
court concerning such arrest, if |
26 | | any, by removing his or her name
from all such records in |
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1 | | connection with the arrest and
conviction, if any, and by |
2 | | inserting in the records the
name of the offender, if known |
3 | | or ascertainable, in lieu of
the aggrieved's name. The |
4 | | records of the circuit court clerk shall be sealed until |
5 | | further order of
the court upon good cause shown and the |
6 | | name of the
aggrieved person obliterated on the official |
7 | | index
required to be kept by the circuit court clerk under
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8 | | Section 16 of the Clerks of Courts Act, but the order shall
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9 | | not affect any index issued by the circuit court clerk
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10 | | before the entry of the order. Nothing in this Section
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11 | | shall limit the Department of State Police or other
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12 | | criminal justice agencies or prosecutors from listing
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13 | | under an offender's name the false names he or she has
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14 | | used. |
15 | | (5) Whenever a person has been convicted of criminal
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16 | | sexual assault, aggravated criminal sexual assault,
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17 | | predatory criminal sexual assault of a child, criminal
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18 | | sexual abuse, or aggravated criminal sexual abuse, the
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19 | | victim of that offense may request that the State's
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20 | | Attorney of the county in which the conviction occurred
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21 | | file a verified petition with the presiding trial judge at
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22 | | the petitioner's trial to have a court order entered to |
23 | | seal
the records of the circuit court clerk in connection
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24 | | with the proceedings of the trial court concerning that
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25 | | offense. However, the records of the arresting authority
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26 | | and the Department of State Police concerning the offense
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1 | | shall not be sealed. The court, upon good cause shown,
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2 | | shall make the records of the circuit court clerk in
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3 | | connection with the proceedings of the trial court
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4 | | concerning the offense available for public inspection. |
5 | | (6) If a conviction has been set aside on direct review
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6 | | or on collateral attack and the court determines by clear
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7 | | and convincing evidence that the petitioner was factually
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8 | | innocent of the charge, the court that finds the petitioner |
9 | | factually innocent of the charge shall enter an
expungement |
10 | | order for the conviction for which the petitioner has been |
11 | | determined to be innocent as provided in subsection (b) of |
12 | | Section
5-5-4 of the Unified Code of Corrections. |
13 | | (7) Nothing in this Section shall prevent the |
14 | | Department of
State Police from maintaining all records of |
15 | | any person who
is admitted to probation upon terms and |
16 | | conditions and who
fulfills those terms and conditions |
17 | | pursuant to Section 10
of the Cannabis Control Act, Section |
18 | | 410 of the Illinois
Controlled Substances Act, Section 70 |
19 | | of the
Methamphetamine Control and Community Protection |
20 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
21 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
22 | | Section 12-3.05 of the Criminal Code of 1961 or the |
23 | | Criminal Code of 2012, Section 10-102
of the Illinois |
24 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
25 | | the Alcoholism and Other Drug Abuse and
Dependency Act, or |
26 | | Section 10 of the Steroid Control Act. |
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1 | | (8) If the petitioner has been granted a certificate of |
2 | | innocence under Section 2-702 of the Code of Civil |
3 | | Procedure, the court that grants the certificate of |
4 | | innocence shall also enter an order expunging the |
5 | | conviction for which the petitioner has been determined to |
6 | | be innocent as provided in subsection (h) of Section 2-702 |
7 | | of the Code of Civil Procedure. |
8 | | (c) Sealing. |
9 | | (1) Applicability. Notwithstanding any other provision |
10 | | of this Act to the contrary, and cumulative with any rights |
11 | | to expungement of criminal records, this subsection |
12 | | authorizes the sealing of criminal records of adults and of |
13 | | minors prosecuted as adults. |
14 | | (2) Eligible Records. The following records may be |
15 | | sealed: |
16 | | (A) All arrests resulting in release without |
17 | | charging; |
18 | | (B) Arrests or charges not initiated by arrest |
19 | | resulting in acquittal, dismissal, or conviction when |
20 | | the conviction was reversed or vacated, except as |
21 | | excluded by subsection (a)(3)(B); |
22 | | (C) Arrests or charges not initiated by arrest |
23 | | resulting in orders of supervision, including orders |
24 | | of supervision for municipal ordinance violations, |
25 | | successfully completed by the petitioner, unless |
26 | | excluded by subsection (a)(3); |
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1 | | (D) Arrests or charges not initiated by arrest |
2 | | resulting in convictions, including convictions on |
3 | | municipal ordinance violations, unless excluded by |
4 | | subsection (a)(3); |
5 | | (E) Arrests or charges not initiated by arrest |
6 | | resulting in orders of first offender probation under |
7 | | Section 10 of the Cannabis Control Act, Section 410 of |
8 | | the Illinois Controlled Substances Act, Section 70 of |
9 | | the Methamphetamine Control and Community Protection |
10 | | Act, or Section 5-6-3.3 of the Unified Code of |
11 | | Corrections; and |
12 | | (F) Arrests or charges not initiated by arrest |
13 | | resulting in felony convictions for the following |
14 | | offenses: |
15 | | (i) Class 4 felony convictions for: |
16 | | Prostitution under Section 11-14 of the |
17 | | Criminal Code of 1961 or the Criminal Code of |
18 | | 2012. |
19 | | Possession of cannabis under Section 4 of |
20 | | the Cannabis Control Act. |
21 | | Possession of a controlled substance under |
22 | | Section 402 of the Illinois Controlled |
23 | | Substances Act. |
24 | | Offenses under the Methamphetamine |
25 | | Precursor Control Act. |
26 | | Offenses under the Steroid Control Act. |
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1 | | Theft under Section 16-1 of the Criminal |
2 | | Code of 1961 or the Criminal Code of 2012. |
3 | | Retail theft under Section 16A-3 or |
4 | | paragraph (a) of 16-25 of the Criminal Code of |
5 | | 1961 or the Criminal Code of 2012. |
6 | | Deceptive practices under Section 17-1 of |
7 | | the Criminal Code of 1961 or the Criminal Code |
8 | | of 2012. |
9 | | Forgery under Section 17-3 of the Criminal |
10 | | Code of 1961 or the Criminal Code of 2012. |
11 | | Possession of burglary tools under Section |
12 | | 19-2 of the Criminal Code of 1961 or the |
13 | | Criminal Code of 2012. |
14 | | (ii) Class 3 felony convictions for: |
15 | | Theft under Section 16-1 of the Criminal |
16 | | Code of 1961 or the Criminal Code of 2012. |
17 | | Retail theft under Section 16A-3 or |
18 | | paragraph (a) of 16-25 of the Criminal Code of |
19 | | 1961 or the Criminal Code of 2012. |
20 | | Deceptive practices under Section 17-1 of |
21 | | the Criminal Code of 1961 or the Criminal Code |
22 | | of 2012. |
23 | | Forgery under Section 17-3 of the Criminal |
24 | | Code of 1961 or the Criminal Code of 2012. |
25 | | Possession with intent to manufacture or |
26 | | deliver a controlled substance under Section |
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1 | | 401 of the Illinois Controlled Substances Act. |
2 | | (3) When Records Are Eligible to Be Sealed. Records |
3 | | identified as eligible under subsection (c)(2) may be |
4 | | sealed as follows: |
5 | | (A) Records identified as eligible under |
6 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
7 | | time. |
8 | | (B) Records identified as eligible under |
9 | | subsection (c)(2)(C) may be sealed
2 (i) 3 years after |
10 | | the termination of petitioner's last sentence (as |
11 | | defined in subsection (a)(1)(F)) if the petitioner has |
12 | | never been convicted of a criminal offense (as defined |
13 | | in subsection (a)(1)(D)); or
(ii) 4 years after the |
14 | | termination of the petitioner's last sentence (as |
15 | | defined in subsection (a)(1)(F)) if the petitioner has |
16 | | ever been convicted of a criminal offense (as defined |
17 | | in subsection (a)(1)(D)) . |
18 | | (C) Records identified as eligible under |
19 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
20 | | sealed 3 4 years after the termination of the |
21 | | petitioner's last sentence (as defined in subsection |
22 | | (a)(1)(F)). |
23 | | (D) Records identified in subsection |
24 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
25 | | reached the age of 25 years. |
26 | | (4) Subsequent felony convictions. A person may not |
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1 | | have
subsequent felony conviction records sealed as |
2 | | provided in this subsection
(c) if he or she is convicted |
3 | | of any felony offense after the date of the
sealing of |
4 | | prior felony convictions as provided in this subsection |
5 | | (c). The court may, upon conviction for a subsequent felony |
6 | | offense, order the unsealing of prior felony conviction |
7 | | records previously ordered sealed by the court. |
8 | | (5) Notice of eligibility for sealing. Upon entry of a |
9 | | disposition for an eligible record under this subsection |
10 | | (c), the petitioner shall be informed by the court of the |
11 | | right to have the records sealed and the procedures for the |
12 | | sealing of the records. |
13 | | (d) Procedure. The following procedures apply to |
14 | | expungement under subsections (b), (e), and (e-6) and sealing |
15 | | under subsections (c) and (e-5): |
16 | | (1) Filing the petition. Upon becoming eligible to |
17 | | petition for
the expungement or sealing of records under |
18 | | this Section, the petitioner shall file a petition |
19 | | requesting the expungement
or sealing of records with the |
20 | | clerk of the court where the arrests occurred or the |
21 | | charges were brought, or both. If arrests occurred or |
22 | | charges were brought in multiple jurisdictions, a petition |
23 | | must be filed in each such jurisdiction. The petitioner |
24 | | shall pay the applicable fee, if not waived. |
25 | | (2) Contents of petition. The petition shall be
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26 | | verified and shall contain the petitioner's name, date of
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1 | | birth, current address and, for each arrest or charge not |
2 | | initiated by
arrest sought to be sealed or expunged, the |
3 | | case number, the date of
arrest (if any), the identity of |
4 | | the arresting authority, and such
other information as the |
5 | | court may require. During the pendency
of the proceeding, |
6 | | the petitioner shall promptly notify the
circuit court |
7 | | clerk of any change of his or her address. If the |
8 | | petitioner has received a certificate of eligibility for |
9 | | sealing from the Prisoner Review Board under paragraph (10) |
10 | | of subsection (a) of Section 3-3-2 of the Unified Code of |
11 | | Corrections, the certificate shall be attached to the |
12 | | petition. |
13 | | (3) Drug test. The petitioner must attach to the |
14 | | petition proof that the petitioner has passed a test taken |
15 | | within 30 days before the filing of the petition showing |
16 | | the absence within his or her body of all illegal |
17 | | substances as defined by the Illinois Controlled |
18 | | Substances Act, the Methamphetamine Control and Community |
19 | | Protection Act, and the Cannabis Control Act if he or she |
20 | | is petitioning to: |
21 | | (A) seal felony records under clause (c)(2)(E); |
22 | | (B) seal felony records for a violation of the |
23 | | Illinois Controlled Substances Act, the |
24 | | Methamphetamine Control and Community Protection Act, |
25 | | or the Cannabis Control Act under clause (c)(2)(F); |
26 | | (C) seal felony records under subsection (e-5); or |
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1 | | (D) expunge felony records of a qualified |
2 | | probation under clause (b)(1)(B)(iv). |
3 | | (4) Service of petition. The circuit court clerk shall |
4 | | promptly
serve a copy of the petition and documentation to |
5 | | support the petition under subsection (e-5) or (e-6) on the |
6 | | State's Attorney or
prosecutor charged with the duty of |
7 | | prosecuting the
offense, the Department of State Police, |
8 | | the arresting
agency and the chief legal officer of the |
9 | | unit of local
government effecting the arrest. |
10 | | (5) Objections. |
11 | | (A) Any party entitled to notice of the petition |
12 | | may file an objection to the petition. All objections |
13 | | shall be in writing, shall be filed with the circuit |
14 | | court clerk, and shall state with specificity the basis |
15 | | of the objection. Whenever a person who has been |
16 | | convicted of an offense is granted
a pardon by the |
17 | | Governor which specifically authorizes expungement, an |
18 | | objection to the petition may not be filed. |
19 | | (B) Objections to a petition to expunge or seal |
20 | | must be filed within 60 days of the date of service of |
21 | | the petition. |
22 | | (6) Entry of order. |
23 | | (A) The Chief Judge of the circuit wherein the |
24 | | charge was brought, any judge of that circuit |
25 | | designated by the Chief Judge, or in counties of less |
26 | | than 3,000,000 inhabitants, the presiding trial judge |
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1 | | at the petitioner's trial, if any, shall rule on the |
2 | | petition to expunge or seal as set forth in this |
3 | | subsection (d)(6). |
4 | | (B) Unless the State's Attorney or prosecutor, the |
5 | | Department of
State Police, the arresting agency, or |
6 | | the chief legal officer
files an objection to the |
7 | | petition to expunge or seal within 60 days from the |
8 | | date of service of the petition, the court shall enter |
9 | | an order granting or denying the petition. |
10 | | (7) Hearings. If an objection is filed, the court shall |
11 | | set a date for a hearing and notify the petitioner and all |
12 | | parties entitled to notice of the petition of the hearing |
13 | | date at least 30 days prior to the hearing. Prior to the |
14 | | hearing, the State's Attorney shall consult with the |
15 | | Department as to the appropriateness of the relief sought |
16 | | in the petition to expunge or seal. At the hearing, the |
17 | | court shall hear evidence on whether the petition should or |
18 | | should not be granted, and shall grant or deny the petition |
19 | | to expunge or seal the records based on the evidence |
20 | | presented at the hearing. The court may consider the |
21 | | following: |
22 | | (A) the strength of the evidence supporting the |
23 | | defendant's conviction; |
24 | | (B) the reasons for retention of the conviction |
25 | | records by the State; |
26 | | (C) the petitioner's age, criminal record history, |
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1 | | and employment history; |
2 | | (D) the period of time between the petitioner's |
3 | | arrest on the charge resulting in the conviction and |
4 | | the filing of the petition under this Section; and |
5 | | (E) the specific adverse consequences the |
6 | | petitioner may be subject to if the petition is denied. |
7 | | (8) Service of order. After entering an order to |
8 | | expunge or
seal records, the court must provide copies of |
9 | | the order to the
Department, in a form and manner |
10 | | prescribed by the Department,
to the petitioner, to the |
11 | | State's Attorney or prosecutor
charged with the duty of |
12 | | prosecuting the offense, to the
arresting agency, to the |
13 | | chief legal officer of the unit of
local government |
14 | | effecting the arrest, and to such other
criminal justice |
15 | | agencies as may be ordered by the court. |
16 | | (9) Implementation of order. |
17 | | (A) Upon entry of an order to expunge records |
18 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
19 | | (i) the records shall be expunged (as defined |
20 | | in subsection (a)(1)(E)) by the arresting agency, |
21 | | the Department, and any other agency as ordered by |
22 | | the court, within 60 days of the date of service of |
23 | | the order, unless a motion to vacate, modify, or |
24 | | reconsider the order is filed pursuant to |
25 | | paragraph (12) of subsection (d) of this Section; |
26 | | (ii) the records of the circuit court clerk |
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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 | | and |
9 | | (iii) in response to an inquiry for expunged |
10 | | records, the court, the Department, or the agency |
11 | | receiving such inquiry, shall reply as it does in |
12 | | response to inquiries when no records ever |
13 | | existed. |
14 | | (B) Upon entry of an order to expunge records |
15 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
16 | | (i) the records shall be expunged (as defined |
17 | | in subsection (a)(1)(E)) by the arresting agency |
18 | | and any other agency as ordered by the court, |
19 | | within 60 days of the date of service of the order, |
20 | | unless a motion to vacate, modify, or reconsider |
21 | | the order is filed pursuant to paragraph (12) of |
22 | | subsection (d) of this Section; |
23 | | (ii) the records of the circuit court clerk |
24 | | shall be impounded until further order of the court |
25 | | upon good cause shown and the name of the |
26 | | petitioner obliterated on the official index |
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1 | | required to be kept by the circuit court clerk |
2 | | under Section 16 of the Clerks of Courts Act, but |
3 | | the order shall not affect any index issued by the |
4 | | circuit court clerk before the entry of the order; |
5 | | (iii) the records shall be impounded by the
|
6 | | Department within 60 days of the date of service of |
7 | | the order as ordered by the court, unless a motion |
8 | | to vacate, modify, or reconsider the order is filed |
9 | | pursuant to paragraph (12) of subsection (d) of |
10 | | this Section; |
11 | | (iv) records impounded by the Department may |
12 | | be disseminated by the Department only as required |
13 | | by law or to the arresting authority, the State's |
14 | | Attorney, and the court upon a later arrest for the |
15 | | same or a similar offense or for the purpose of |
16 | | sentencing for any subsequent felony, and to the |
17 | | Department of Corrections upon conviction for any |
18 | | offense; and |
19 | | (v) in response to an inquiry for such records |
20 | | from anyone not authorized by law to access such |
21 | | records, the court, the Department, or the agency |
22 | | receiving such inquiry shall reply as it does in |
23 | | response to inquiries when no records ever |
24 | | existed. |
25 | | (B-5) Upon entry of an order to expunge records |
26 | | under subsection (e-6): |
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1 | | (i) the records shall be expunged (as defined |
2 | | in subsection (a)(1)(E)) by the arresting agency |
3 | | and any other agency as ordered by the court, |
4 | | within 60 days of the date of service of the order, |
5 | | unless a motion to vacate, modify, or reconsider |
6 | | the order is filed under paragraph (12) of |
7 | | subsection (d) of this Section; |
8 | | (ii) the records of the circuit court clerk |
9 | | shall be impounded until further order of the court |
10 | | upon good cause shown and the name of the |
11 | | petitioner obliterated on the official index |
12 | | required to be kept by the circuit court clerk |
13 | | under Section 16 of the Clerks of Courts Act, but |
14 | | the order shall not affect any index issued by the |
15 | | circuit court clerk before the entry of the order; |
16 | | (iii) the records shall be impounded by the
|
17 | | Department within 60 days of the date of service of |
18 | | the order as ordered by the court, unless a motion |
19 | | to vacate, modify, or reconsider the order is filed |
20 | | under paragraph (12) of subsection (d) of this |
21 | | Section; |
22 | | (iv) records impounded by the Department may |
23 | | be disseminated by the Department only as required |
24 | | by law or to the arresting authority, the State's |
25 | | Attorney, and the court upon a later arrest for the |
26 | | same or a similar offense or for the purpose of |
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1 | | sentencing for any subsequent felony, and to the |
2 | | Department of Corrections upon conviction for any |
3 | | offense; and |
4 | | (v) in response to an inquiry for these records |
5 | | from anyone not authorized by law to access the |
6 | | records, the court, the Department, or the agency |
7 | | receiving the inquiry shall reply as it does in |
8 | | response to inquiries when no records ever |
9 | | existed. |
10 | | (C) Upon entry of an order to seal records under |
11 | | subsection
(c), the arresting agency, any other agency |
12 | | as ordered by the court, the Department, and the court |
13 | | shall seal the records (as defined in subsection |
14 | | (a)(1)(K)). In response to an inquiry for such records |
15 | | from anyone not authorized by law to access such |
16 | | records, the court, the Department, or the agency |
17 | | receiving such inquiry shall reply as it does in |
18 | | response to inquiries when no records ever existed. |
19 | | (D) The Department shall send written notice to the |
20 | | petitioner of its compliance with each order to expunge |
21 | | or seal records within 60 days of the date of service |
22 | | of that order or, if a motion to vacate, modify, or |
23 | | reconsider is filed, within 60 days of service of the |
24 | | order resolving the motion, if that order requires the |
25 | | Department to expunge or seal records. In the event of |
26 | | an appeal from the circuit court order, the Department |
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1 | | shall send written notice to the petitioner of its |
2 | | compliance with an Appellate Court or Supreme Court |
3 | | judgment to expunge or seal records within 60 days of |
4 | | the issuance of the court's mandate. The notice is not |
5 | | required while any motion to vacate, modify, or |
6 | | reconsider, or any appeal or petition for |
7 | | discretionary appellate review, is pending. |
8 | | (10) Fees. The Department may charge the petitioner a |
9 | | fee equivalent to the cost of processing any order to |
10 | | expunge or seal records. Notwithstanding any provision of |
11 | | the Clerks of Courts Act to the contrary, the circuit court |
12 | | clerk may charge a fee equivalent to the cost associated |
13 | | with the sealing or expungement of records by the circuit |
14 | | court clerk. From the total filing fee collected for the |
15 | | petition to seal or expunge, the circuit court clerk shall |
16 | | deposit $10 into the Circuit Court Clerk Operation and |
17 | | Administrative Fund, to be used to offset the costs |
18 | | incurred by the circuit court clerk in performing the |
19 | | additional duties required to serve the petition to seal or |
20 | | expunge on all parties. The circuit court clerk shall |
21 | | collect and forward the Department of State Police portion |
22 | | of the fee to the Department and it shall be deposited in |
23 | | the State Police Services Fund. |
24 | | (11) Final Order. No court order issued under the |
25 | | expungement or sealing provisions of this Section shall |
26 | | become final for purposes of appeal until 30 days after |
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1 | | service of the order on the petitioner and all parties |
2 | | entitled to notice of the petition. |
3 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
4 | | Section 2-1203 of the Code of Civil Procedure, the |
5 | | petitioner or any party entitled to notice may file a |
6 | | motion to vacate, modify, or reconsider the order granting |
7 | | or denying the petition to expunge or seal within 60 days |
8 | | of service of the order. If filed more than 60 days after |
9 | | service of the order, a petition to vacate, modify, or |
10 | | reconsider shall comply with subsection (c) of Section |
11 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
12 | | motion to vacate, modify, or reconsider, notice of the |
13 | | motion shall be served upon the petitioner and all parties |
14 | | entitled to notice of the petition. |
15 | | (13) Effect of Order. An order granting a petition |
16 | | under the expungement or sealing provisions of this Section |
17 | | shall not be considered void because it fails to comply |
18 | | with the provisions of this Section or because of any error |
19 | | asserted in a motion to vacate, modify, or reconsider. The |
20 | | circuit court retains jurisdiction to determine whether |
21 | | the order is voidable and to vacate, modify, or reconsider |
22 | | its terms based on a motion filed under paragraph (12) of |
23 | | this subsection (d). |
24 | | (14) Compliance with Order Granting Petition to Seal |
25 | | Records. Unless a court has entered a stay of an order |
26 | | granting a petition to seal, all parties entitled to notice |
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1 | | of the petition must fully comply with the terms of the |
2 | | order within 60 days of service of the order even if a |
3 | | party is seeking relief from the order through a motion |
4 | | filed under paragraph (12) of this subsection (d) or is |
5 | | appealing the order. |
6 | | (15) Compliance with Order Granting Petition to |
7 | | Expunge Records. While a party is seeking relief from the |
8 | | order granting the petition to expunge through a motion |
9 | | filed under paragraph (12) of this subsection (d) or is |
10 | | appealing the order, and unless a court has entered a stay |
11 | | of that order, the parties entitled to notice of the |
12 | | petition must seal, but need not expunge, the records until |
13 | | there is a final order on the motion for relief or, in the |
14 | | case of an appeal, the issuance of that court's mandate. |
15 | | (16) The changes to this subsection (d) made by Public |
16 | | Act 98-163 apply to all petitions pending on August 5, 2013 |
17 | | (the effective date of Public Act 98-163) and to all orders |
18 | | ruling on a petition to expunge or seal on or after August |
19 | | 5, 2013 (the effective date of Public Act 98-163). |
20 | | (e) Whenever a person who has been convicted of an offense |
21 | | is granted
a pardon by the Governor which specifically |
22 | | authorizes expungement, he or she may,
upon verified petition |
23 | | to the Chief Judge of the circuit where the person had
been |
24 | | convicted, any judge of the circuit designated by the Chief |
25 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
26 | | presiding trial judge at the
defendant's trial, have a court |
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1 | | order entered expunging the record of
arrest from the official |
2 | | records of the arresting authority and order that the
records |
3 | | of the circuit court clerk and the Department be sealed until
|
4 | | further order of the court upon good cause shown or as |
5 | | otherwise provided
herein, and the name of the defendant |
6 | | obliterated from the official index
requested to be kept by the |
7 | | circuit court clerk under Section 16 of the Clerks
of Courts |
8 | | Act in connection with the arrest and conviction for the |
9 | | offense for
which he or she had been pardoned but the order |
10 | | shall not affect any index issued by
the circuit court clerk |
11 | | before the entry of the order. All records sealed by
the |
12 | | Department may be disseminated by the Department only to the |
13 | | arresting authority, the State's Attorney, and the court upon a |
14 | | later
arrest for the same or similar offense or for the purpose |
15 | | of sentencing for any
subsequent felony. Upon conviction for |
16 | | any subsequent offense, the Department
of Corrections shall |
17 | | have access to all sealed records of the Department
pertaining |
18 | | to that individual. Upon entry of the order of expungement, the
|
19 | | circuit court clerk shall promptly mail a copy of the order to |
20 | | the
person who was pardoned. |
21 | | (e-5) Whenever a person who has been convicted of an |
22 | | offense is granted a certificate of eligibility for sealing by |
23 | | the Prisoner Review Board which specifically authorizes |
24 | | sealing, he or she may, upon verified petition to the Chief |
25 | | Judge of the circuit where the person had been convicted, any |
26 | | judge of the circuit designated by the Chief Judge, or in |
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1 | | counties of less than 3,000,000 inhabitants, the presiding |
2 | | trial judge at the petitioner's trial, have a court order |
3 | | entered sealing the record of arrest from the official records |
4 | | of the arresting authority and order that the records of the |
5 | | circuit court clerk and the Department be sealed until further |
6 | | order of the court upon good cause shown or as otherwise |
7 | | provided herein, and the name of the petitioner obliterated |
8 | | from the official index requested to be kept by the circuit |
9 | | court clerk under Section 16 of the Clerks of Courts Act in |
10 | | connection with the arrest and conviction for the offense for |
11 | | which he or she had been granted the certificate but the order |
12 | | shall not affect any index issued by the circuit court clerk |
13 | | before the entry of the order. All records sealed by the |
14 | | Department may be disseminated by the Department only as |
15 | | required by this Act or to the arresting authority, a law |
16 | | enforcement agency, the State's Attorney, and the court upon a |
17 | | later arrest for the same or similar offense or for the purpose |
18 | | of sentencing for any subsequent felony. Upon conviction for |
19 | | any subsequent offense, the Department of Corrections shall |
20 | | have access to all sealed records of the Department pertaining |
21 | | to that individual. Upon entry of the order of sealing, the |
22 | | circuit court clerk shall promptly mail a copy of the order to |
23 | | the person who was granted the certificate of eligibility for |
24 | | sealing. |
25 | | (e-6) Whenever a person who has been convicted of an |
26 | | offense is granted a certificate of eligibility for expungement |
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1 | | by the Prisoner Review Board which specifically authorizes |
2 | | expungement, he or she may, upon verified petition to the Chief |
3 | | Judge of the circuit where the person had been convicted, any |
4 | | judge of the circuit designated by the Chief Judge, or in |
5 | | counties of less than 3,000,000 inhabitants, the presiding |
6 | | trial judge at the petitioner's trial, have a court order |
7 | | entered expunging the record of arrest from the official |
8 | | records of the arresting authority and order that the records |
9 | | of the circuit court clerk and the Department be sealed until |
10 | | further order of the court upon good cause shown or as |
11 | | otherwise provided herein, and the name of the petitioner |
12 | | obliterated from the official index requested to be kept by the |
13 | | circuit court clerk under Section 16 of the Clerks of Courts |
14 | | Act in connection with the arrest and conviction for the |
15 | | offense for which he or she had been granted the certificate |
16 | | but the order shall not affect any index issued by the circuit |
17 | | court clerk before the entry of the order. All records sealed |
18 | | by the Department may be disseminated by the Department only as |
19 | | required by this Act or to the arresting authority, a law |
20 | | enforcement agency, the State's Attorney, and the court upon a |
21 | | later arrest for the same or similar offense or for the purpose |
22 | | of sentencing for any subsequent felony. Upon conviction for |
23 | | any subsequent offense, the Department of Corrections shall |
24 | | have access to all expunged records of the Department |
25 | | pertaining to that individual. Upon entry of the order of |
26 | | expungement, the circuit court clerk shall promptly mail a copy |
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1 | | of the order to the person who was granted the certificate of |
2 | | eligibility for expungement. |
3 | | (f) Subject to available funding, the Illinois Department
|
4 | | of Corrections shall conduct a study of the impact of sealing,
|
5 | | especially on employment and recidivism rates, utilizing a
|
6 | | random sample of those who apply for the sealing of their
|
7 | | criminal records under Public Act 93-211. At the request of the
|
8 | | Illinois Department of Corrections, records of the Illinois
|
9 | | Department of Employment Security shall be utilized as
|
10 | | appropriate to assist in the study. The study shall not
|
11 | | disclose any data in a manner that would allow the
|
12 | | identification of any particular individual or employing unit.
|
13 | | The study shall be made available to the General Assembly no
|
14 | | later than September 1, 2010.
|
15 | | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; |
16 | | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
17 | | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, |
18 | | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, |
19 | | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, |
20 | | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; |
21 | | 98-1009, eff. 1-1-15; revised 9-30-14.)
|