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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 and immediate 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 | (2.5) Commencing 180 days after July 29, 2016 ( the | ||||||
7 | effective date of Public Act 99-697) this amendatory Act of | ||||||
8 | the 99th General Assembly , the law enforcement agency | ||||||
9 | issuing the citation shall automatically expunge, on or | ||||||
10 | before January 1 and July 1 of each year, the law | ||||||
11 | enforcement records of a person found to have committed a | ||||||
12 | civil law violation of subsection (a) of Section 4 of the | ||||||
13 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
14 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
15 | agency's possession or control and which contains the final | ||||||
16 | satisfactory disposition which pertain to the person | ||||||
17 | issued a citation for that offense.
The law enforcement | ||||||
18 | agency shall provide by rule the process for access, | ||||||
19 | review, and to confirm the automatic expungement by the law | ||||||
20 | enforcement agency issuing the citation.
Commencing 180 | ||||||
21 | days after July 29, 2016 ( the effective date of Public Act | ||||||
22 | 99-697) this amendatory Act of the 99th General Assembly , | ||||||
23 | the clerk of the circuit court shall expunge, upon order of | ||||||
24 | the court, or in the absence of a court order on or before | ||||||
25 | January 1 and July 1 of each year, the court records of a | ||||||
26 | person found in the circuit court to have committed a civil |
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1 | law violation of subsection (a) of Section 4 of the | ||||||
2 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
3 | the Drug Paraphernalia Control Act in the clerk's | ||||||
4 | possession or control and which contains the final | ||||||
5 | satisfactory disposition which pertain to the person | ||||||
6 | issued a citation for any of those offenses. | ||||||
7 | (3) Exclusions. Except as otherwise provided in | ||||||
8 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
9 | of this Section, the court shall not order: | ||||||
10 | (A) the sealing or expungement of the records of | ||||||
11 | arrests or charges not initiated by arrest that result | ||||||
12 | in an order of supervision for or conviction of:
(i) | ||||||
13 | any sexual offense committed against a
minor; (ii) | ||||||
14 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
15 | similar provision of a local ordinance; or (iii) | ||||||
16 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
17 | similar provision of a local ordinance, unless the | ||||||
18 | arrest or charge is for a misdemeanor violation of | ||||||
19 | subsection (a) of Section 11-503 or a similar provision | ||||||
20 | of a local ordinance, that occurred prior to the | ||||||
21 | offender reaching the age of 25 years and the offender | ||||||
22 | has no other conviction for violating Section 11-501 or | ||||||
23 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
24 | provision of a local ordinance. | ||||||
25 | (B) the sealing or expungement of records of minor | ||||||
26 | traffic offenses (as defined in subsection (a)(1)(G)), |
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1 | unless the petitioner was arrested and released | ||||||
2 | without charging. | ||||||
3 | (C) the sealing of the records of arrests or | ||||||
4 | charges not initiated by arrest which result in an | ||||||
5 | order of supervision or a conviction for the following | ||||||
6 | offenses: | ||||||
7 | (i) offenses included in Article 11 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
9 | or a similar provision of a local ordinance, except | ||||||
10 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, or a similar provision of a | ||||||
12 | local ordinance; | ||||||
13 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
14 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, or a similar provision of a | ||||||
16 | local ordinance; | ||||||
17 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
19 | or Section 125 of the Stalking No Contact Order | ||||||
20 | Act, or Section 219 of the Civil No Contact Order | ||||||
21 | Act, or a similar provision of a local ordinance; | ||||||
22 | (iv) offenses which are Class A misdemeanors | ||||||
23 | under the Humane Care for Animals Act; or | ||||||
24 | (v) any offense or attempted offense that | ||||||
25 | would subject a person to registration under the | ||||||
26 | Sex Offender Registration Act. |
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1 | (D) the sealing of the records of an arrest which | ||||||
2 | results in
the petitioner being charged with a felony | ||||||
3 | offense or records of a charge not initiated by arrest | ||||||
4 | for a felony offense unless: | ||||||
5 | (i) the charge is amended to a misdemeanor and | ||||||
6 | is otherwise
eligible to be sealed pursuant to | ||||||
7 | subsection (c); | ||||||
8 | (ii) the charge is brought along with another | ||||||
9 | charge as a part of one case and the charge results | ||||||
10 | in acquittal, dismissal, or conviction when the | ||||||
11 | conviction was reversed or vacated, and another | ||||||
12 | charge brought in the same case results in a | ||||||
13 | disposition for a misdemeanor offense that is | ||||||
14 | eligible to be sealed pursuant to subsection (c) or | ||||||
15 | a disposition listed in paragraph (i), (iii), or | ||||||
16 | (iv) of this subsection; | ||||||
17 | (iii) the charge results in first offender | ||||||
18 | probation as set forth in subsection (c)(2)(E); | ||||||
19 | (iv) the charge is for a felony offense listed | ||||||
20 | in subsection (c)(2)(F) or the charge is amended to | ||||||
21 | a felony offense listed in subsection (c)(2)(F); | ||||||
22 | (v) the charge results in acquittal, | ||||||
23 | dismissal, or the petitioner's release without | ||||||
24 | conviction; or | ||||||
25 | (vi) the charge results in a conviction, but | ||||||
26 | the conviction was reversed or vacated. |
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1 | (b) Expungement. | ||||||
2 | (1) A petitioner may petition the circuit court to | ||||||
3 | expunge the
records of his or her arrests and charges not | ||||||
4 | initiated by arrest when each arrest or charge not | ||||||
5 | initiated by arrest
sought to be expunged resulted in:
(i) | ||||||
6 | acquittal, dismissal, or the petitioner's release without | ||||||
7 | charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||||||
8 | conviction which was vacated or reversed, unless excluded | ||||||
9 | by subsection (a)(3)(B);
(iii) an order of supervision and | ||||||
10 | such supervision was successfully completed by the | ||||||
11 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
12 | (a)(3)(B); or
(iv) an order of qualified probation (as | ||||||
13 | defined in subsection (a)(1)(J)) and such probation was | ||||||
14 | successfully completed by the petitioner. | ||||||
15 | (1.5) When a petitioner seeks to have a record of | ||||||
16 | arrest expunged under this Section, and the offender has | ||||||
17 | been convicted of a criminal offense, the State's Attorney | ||||||
18 | may object to the expungement on the grounds that the | ||||||
19 | records contain specific relevant information aside from | ||||||
20 | the mere fact of the arrest. | ||||||
21 | (2) Time frame for filing a petition to expunge. | ||||||
22 | (A) When the arrest or charge not initiated by | ||||||
23 | arrest sought to be expunged resulted in an acquittal, | ||||||
24 | dismissal, the petitioner's release without charging, | ||||||
25 | or the reversal or vacation of a conviction, there is | ||||||
26 | no waiting period to petition for the expungement of |
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1 | such records. | ||||||
2 | (B) When the arrest or charge not initiated by | ||||||
3 | arrest
sought to be expunged resulted in an order of | ||||||
4 | supervision, successfully
completed by the petitioner, | ||||||
5 | the following time frames will apply: | ||||||
6 | (i) Those arrests or charges that resulted in | ||||||
7 | orders of
supervision under Section 3-707, 3-708, | ||||||
8 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
9 | similar provision of a local ordinance, or under | ||||||
10 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
12 | similar provision of a local ordinance, shall not | ||||||
13 | be eligible for expungement until 5 years have | ||||||
14 | passed following the satisfactory termination of | ||||||
15 | the supervision. | ||||||
16 | (i-5) Those arrests or charges that resulted | ||||||
17 | in orders of supervision for a misdemeanor | ||||||
18 | violation of subsection (a) of Section 11-503 of | ||||||
19 | the Illinois Vehicle Code or a similar provision of | ||||||
20 | a local ordinance, that occurred prior to the | ||||||
21 | offender reaching the age of 25 years and the | ||||||
22 | offender has no other conviction for violating | ||||||
23 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
24 | Code or a similar provision of a local ordinance | ||||||
25 | shall not be eligible for expungement until the | ||||||
26 | petitioner has reached the age of 25 years. |
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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
| ||||||
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
| ||||||
11 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
12 | not affect any index issued by the circuit court clerk
| ||||||
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,
| ||||||
20 | predatory criminal sexual assault of a child, criminal
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21 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
22 | victim of that offense may request that the State's
| ||||||
23 | Attorney of the county in which the conviction occurred
| ||||||
24 | file a verified petition with the presiding trial judge at
| ||||||
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
| ||||||
2 | offense. However, the records of the arresting authority
| ||||||
3 | and the Department of State Police concerning the offense
| ||||||
4 | shall not be sealed. The court, upon good cause shown,
| ||||||
5 | shall make the records of the circuit court clerk in
| ||||||
6 | connection with the proceedings of the trial court
| ||||||
7 | concerning the offense available for public inspection. | ||||||
8 | (6) If a conviction has been set aside on direct review
| ||||||
9 | or on collateral attack and the court determines by clear
| ||||||
10 | and convincing evidence that the petitioner was factually
| ||||||
11 | innocent of the charge, the court that finds the petitioner | ||||||
12 | factually innocent of the charge shall enter an
expungement | ||||||
13 | order for the conviction for which the petitioner has been | ||||||
14 | determined to be innocent as provided in subsection (b) of | ||||||
15 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
16 | (7) Nothing in this Section shall prevent the | ||||||
17 | Department of
State Police from maintaining all records of | ||||||
18 | any person who
is admitted to probation upon terms and | ||||||
19 | conditions and who
fulfills those terms and conditions | ||||||
20 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
21 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
22 | of the
Methamphetamine Control and Community Protection | ||||||
23 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
24 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
25 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012, Section 10-102
of the Illinois |
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| |||||||
1 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
2 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
3 | Section 10 of the Steroid Control Act. | ||||||
4 | (8) If the petitioner has been granted a certificate of | ||||||
5 | innocence under Section 2-702 of the Code of Civil | ||||||
6 | Procedure, the court that grants the certificate of | ||||||
7 | innocence shall also enter an order expunging the | ||||||
8 | conviction for which the petitioner has been determined to | ||||||
9 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
10 | of the Code of Civil Procedure. | ||||||
11 | (c) Sealing. | ||||||
12 | (1) Applicability. Notwithstanding any other provision | ||||||
13 | of this Act to the contrary, and cumulative with any rights | ||||||
14 | to expungement of criminal records, this subsection | ||||||
15 | authorizes the sealing of criminal records of adults and of | ||||||
16 | minors prosecuted as adults. Subsection (g) of this Section | ||||||
17 | provides for immediate sealing of certain records. | ||||||
18 | (2) Eligible Records. The following records may be | ||||||
19 | sealed: | ||||||
20 | (A) All arrests resulting in release without | ||||||
21 | charging; | ||||||
22 | (B) Arrests or charges not initiated by arrest | ||||||
23 | resulting in acquittal, dismissal, or conviction when | ||||||
24 | the conviction was reversed or vacated, except as | ||||||
25 | excluded by subsection (a)(3)(B); | ||||||
26 | (C) Arrests or charges not initiated by arrest |
| |||||||
| |||||||
1 | resulting in orders of supervision, including orders | ||||||
2 | of supervision for municipal ordinance violations, | ||||||
3 | successfully completed by the petitioner, unless | ||||||
4 | excluded by subsection (a)(3); | ||||||
5 | (D) Arrests or charges not initiated by arrest | ||||||
6 | resulting in convictions, including convictions on | ||||||
7 | municipal ordinance violations, unless excluded by | ||||||
8 | subsection (a)(3); | ||||||
9 | (E) Arrests or charges not initiated by arrest | ||||||
10 | resulting in orders of first offender probation under | ||||||
11 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
12 | the Illinois Controlled Substances Act, Section 70 of | ||||||
13 | the Methamphetamine Control and Community Protection | ||||||
14 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
15 | Corrections; and | ||||||
16 | (F) Arrests or charges not initiated by arrest | ||||||
17 | resulting in felony convictions for the following | ||||||
18 | offenses: | ||||||
19 | (i) Class 4 felony convictions for: | ||||||
20 | Prostitution under Section 11-14 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of | ||||||
22 | 2012. | ||||||
23 | Possession of cannabis under Section 4 of | ||||||
24 | the Cannabis Control Act. | ||||||
25 | Possession of a controlled substance under | ||||||
26 | Section 402 of the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act. | ||||||
2 | Offenses under the Methamphetamine | ||||||
3 | Precursor Control Act. | ||||||
4 | Offenses under the Steroid Control Act. | ||||||
5 | Theft under Section 16-1 of the Criminal | ||||||
6 | Code of 1961 or the Criminal Code of 2012. | ||||||
7 | Retail theft under Section 16A-3 or | ||||||
8 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
9 | 1961 or the Criminal Code of 2012. | ||||||
10 | Deceptive practices under Section 17-1 of | ||||||
11 | the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012. | ||||||
13 | Forgery under Section 17-3 of the Criminal | ||||||
14 | Code of 1961 or the Criminal Code of 2012. | ||||||
15 | Possession of burglary tools under Section | ||||||
16 | 19-2 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012. | ||||||
18 | (ii) Class 3 felony convictions for: | ||||||
19 | Theft under Section 16-1 of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012. | ||||||
21 | Retail theft under Section 16A-3 or | ||||||
22 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012. | ||||||
24 | Deceptive practices under Section 17-1 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code | ||||||
26 | of 2012. |
| |||||||
| |||||||
1 | Forgery under Section 17-3 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012. | ||||||
3 | Possession with intent to manufacture or | ||||||
4 | deliver a controlled substance under Section | ||||||
5 | 401 of the Illinois Controlled Substances Act. | ||||||
6 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
7 | identified as eligible under subsection (c)(2) may be | ||||||
8 | sealed as follows: | ||||||
9 | (A) Records identified as eligible under | ||||||
10 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
11 | time. | ||||||
12 | (B) Except as otherwise provided in subparagraph | ||||||
13 | (E) of this paragraph (3), records identified as | ||||||
14 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
15 | years after the termination of petitioner's last | ||||||
16 | sentence (as defined in subsection (a)(1)(F)). | ||||||
17 | (C) Except as otherwise provided in subparagraph | ||||||
18 | (E) of this paragraph (3), records identified as | ||||||
19 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
20 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
21 | of the petitioner's last sentence (as defined in | ||||||
22 | subsection (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 | (E) Records identified as eligible under |
| |||||||
| |||||||
1 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
2 | (c)(2)(F) may be sealed upon termination of the | ||||||
3 | petitioner's last sentence if the petitioner earned a | ||||||
4 | high school diploma, associate's degree, career | ||||||
5 | certificate, vocational technical certification, or | ||||||
6 | bachelor's degree, or passed the high school level Test | ||||||
7 | of General Educational Development, during the period | ||||||
8 | of his or her sentence, aftercare release, or mandatory | ||||||
9 | supervised release. This subparagraph shall apply only | ||||||
10 | to a petitioner who has not completed the same | ||||||
11 | educational goal prior to the period of his or her | ||||||
12 | sentence, aftercare release, or mandatory supervised | ||||||
13 | release. If a petition for sealing eligible records | ||||||
14 | filed under this subparagraph is denied by the court, | ||||||
15 | the time periods under subparagraph (B) or (C) shall | ||||||
16 | apply to any subsequent petition for sealing filed by | ||||||
17 | the petitioner. | ||||||
18 | (4) Subsequent felony convictions. A person may not | ||||||
19 | have
subsequent felony conviction records sealed as | ||||||
20 | provided in this subsection
(c) if he or she is convicted | ||||||
21 | of any felony offense after the date of the
sealing of | ||||||
22 | prior felony convictions as provided in this subsection | ||||||
23 | (c). The court may, upon conviction for a subsequent felony | ||||||
24 | offense, order the unsealing of prior felony conviction | ||||||
25 | records previously ordered sealed by the court. | ||||||
26 | (5) Notice of eligibility for sealing. Upon entry of a |
| |||||||
| |||||||
1 | disposition for an eligible record under this subsection | ||||||
2 | (c), the petitioner shall be informed by the court of the | ||||||
3 | right to have the records sealed and the procedures for the | ||||||
4 | sealing of the records. | ||||||
5 | (d) Procedure. The following procedures apply to | ||||||
6 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
7 | under subsections (c) and (e-5): | ||||||
8 | (1) Filing the petition. Upon becoming eligible to | ||||||
9 | petition for
the expungement or sealing of records under | ||||||
10 | this Section, the petitioner shall file a petition | ||||||
11 | requesting the expungement
or sealing of records with the | ||||||
12 | clerk of the court where the arrests occurred or the | ||||||
13 | charges were brought, or both. If arrests occurred or | ||||||
14 | charges were brought in multiple jurisdictions, a petition | ||||||
15 | must be filed in each such jurisdiction. The petitioner | ||||||
16 | shall pay the applicable fee, except no fee shall be | ||||||
17 | required if the petitioner has obtained a court order | ||||||
18 | waiving fees under Supreme Court Rule 298 or it is | ||||||
19 | otherwise waived. | ||||||
20 | (1.5) County fee waiver pilot program.
In a county of | ||||||
21 | 3,000,000 or more inhabitants, no fee shall be required to | ||||||
22 | be paid by a petitioner if the records sought to be | ||||||
23 | expunged or sealed were arrests resulting in release | ||||||
24 | without charging or arrests or charges not initiated by | ||||||
25 | arrest resulting in acquittal, dismissal, or conviction | ||||||
26 | when the conviction was reversed or vacated, unless |
| |||||||
| |||||||
1 | excluded by subsection (a)(3)(B). The provisions of this | ||||||
2 | paragraph (1.5), other than this sentence, are inoperative | ||||||
3 | on and after January 1, 2018 or one year after January 1, | ||||||
4 | 2017 ( the effective date of Public Act 99-881) this | ||||||
5 | amendatory Act of the 99th General Assembly , whichever is | ||||||
6 | later. | ||||||
7 | (2) Contents of petition. The petition shall be
| ||||||
8 | verified and shall contain the petitioner's name, date of
| ||||||
9 | birth, current address and, for each arrest or charge not | ||||||
10 | initiated by
arrest sought to be sealed or expunged, the | ||||||
11 | case number, the date of
arrest (if any), the identity of | ||||||
12 | the arresting authority, and such
other information as the | ||||||
13 | court may require. During the pendency
of the proceeding, | ||||||
14 | the petitioner shall promptly notify the
circuit court | ||||||
15 | clerk of any change of his or her address. If the | ||||||
16 | petitioner has received a certificate of eligibility for | ||||||
17 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
18 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
19 | Corrections, the certificate shall be attached to the | ||||||
20 | petition. | ||||||
21 | (3) Drug test. The petitioner must attach to the | ||||||
22 | petition proof that the petitioner has passed a test taken | ||||||
23 | within 30 days before the filing of the petition showing | ||||||
24 | the absence within his or her body of all illegal | ||||||
25 | substances as defined by the Illinois Controlled | ||||||
26 | Substances Act, the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act, and the Cannabis Control Act if he or she | ||||||
2 | is petitioning to: | ||||||
3 | (A) seal felony records under clause (c)(2)(E); | ||||||
4 | (B) seal felony records for a violation of the | ||||||
5 | Illinois Controlled Substances Act, the | ||||||
6 | Methamphetamine Control and Community Protection Act, | ||||||
7 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
8 | (C) seal felony records under subsection (e-5); or | ||||||
9 | (D) expunge felony records of a qualified | ||||||
10 | probation under clause (b)(1)(iv). | ||||||
11 | (4) Service of petition. The circuit court clerk shall | ||||||
12 | promptly
serve a copy of the petition and documentation to | ||||||
13 | support the petition under subsection (e-5) or (e-6) on the | ||||||
14 | State's Attorney or
prosecutor charged with the duty of | ||||||
15 | prosecuting the
offense, the Department of State Police, | ||||||
16 | the arresting
agency and the chief legal officer of the | ||||||
17 | unit of local
government effecting the arrest. | ||||||
18 | (5) Objections. | ||||||
19 | (A) Any party entitled to notice of the petition | ||||||
20 | may file an objection to the petition. All objections | ||||||
21 | shall be in writing, shall be filed with the circuit | ||||||
22 | court clerk, and shall state with specificity the basis | ||||||
23 | of the objection. Whenever a person who has been | ||||||
24 | convicted of an offense is granted
a pardon by the | ||||||
25 | Governor which specifically authorizes expungement, an | ||||||
26 | objection to the petition may not be filed. |
| |||||||
| |||||||
1 | (B) Objections to a petition to expunge or seal | ||||||
2 | must be filed within 60 days of the date of service of | ||||||
3 | the petition. | ||||||
4 | (6) Entry of order. | ||||||
5 | (A) The Chief Judge of the circuit wherein the | ||||||
6 | charge was brought, any judge of that circuit | ||||||
7 | designated by the Chief Judge, or in counties of less | ||||||
8 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
9 | at the petitioner's trial, if any, shall rule on the | ||||||
10 | petition to expunge or seal as set forth in this | ||||||
11 | subsection (d)(6). | ||||||
12 | (B) Unless the State's Attorney or prosecutor, the | ||||||
13 | Department of
State Police, the arresting agency, or | ||||||
14 | the chief legal officer
files an objection to the | ||||||
15 | petition to expunge or seal within 60 days from the | ||||||
16 | date of service of the petition, the court shall enter | ||||||
17 | an order granting or denying the petition. | ||||||
18 | (7) Hearings. If an objection is filed, the court shall | ||||||
19 | set a date for a hearing and notify the petitioner and all | ||||||
20 | parties entitled to notice of the petition of the hearing | ||||||
21 | date at least 30 days prior to the hearing. Prior to the | ||||||
22 | hearing, the State's Attorney shall consult with the | ||||||
23 | Department as to the appropriateness of the relief sought | ||||||
24 | in the petition to expunge or seal. At the hearing, the | ||||||
25 | court shall hear evidence on whether the petition should or | ||||||
26 | should not be granted, and shall grant or deny the petition |
| |||||||
| |||||||
1 | to expunge or seal the records based on the evidence | ||||||
2 | presented at the hearing. The court may consider the | ||||||
3 | following: | ||||||
4 | (A) the strength of the evidence supporting the | ||||||
5 | defendant's conviction; | ||||||
6 | (B) the reasons for retention of the conviction | ||||||
7 | records by the State; | ||||||
8 | (C) the petitioner's age, criminal record history, | ||||||
9 | and employment history; | ||||||
10 | (D) the period of time between the petitioner's | ||||||
11 | arrest on the charge resulting in the conviction and | ||||||
12 | the filing of the petition under this Section; and | ||||||
13 | (E) the specific adverse consequences the | ||||||
14 | petitioner may be subject to if the petition is denied. | ||||||
15 | (8) Service of order. After entering an order to | ||||||
16 | expunge or
seal records, the court must provide copies of | ||||||
17 | the order to the
Department, in a form and manner | ||||||
18 | prescribed by the Department,
to the petitioner, to the | ||||||
19 | State's Attorney or prosecutor
charged with the duty of | ||||||
20 | prosecuting the offense, to the
arresting agency, to the | ||||||
21 | chief legal officer of the unit of
local government | ||||||
22 | effecting the arrest, and to such other
criminal justice | ||||||
23 | agencies as may be ordered by the court. | ||||||
24 | (9) Implementation of order. | ||||||
25 | (A) Upon entry of an order to expunge records | ||||||
26 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
| |||||||
| |||||||
1 | (i) the records shall be expunged (as defined | ||||||
2 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
3 | the Department, and any other agency as ordered by | ||||||
4 | the court, within 60 days of the date of service of | ||||||
5 | the order, unless a motion to vacate, modify, or | ||||||
6 | reconsider the order is filed pursuant to | ||||||
7 | paragraph (12) of 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 | and | ||||||
17 | (iii) in response to an inquiry for expunged | ||||||
18 | records, the court, the Department, or the agency | ||||||
19 | receiving such inquiry, shall reply as it does in | ||||||
20 | response to inquiries when no records ever | ||||||
21 | existed. | ||||||
22 | (B) Upon entry of an order to expunge records | ||||||
23 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
24 | (i) the records shall be expunged (as defined | ||||||
25 | in subsection (a)(1)(E)) by the arresting agency | ||||||
26 | and any other agency as ordered by the court, |
| |||||||
| |||||||
1 | within 60 days of the date of service of the order, | ||||||
2 | unless a motion to vacate, modify, or reconsider | ||||||
3 | the order is filed pursuant to paragraph (12) of | ||||||
4 | subsection (d) of this Section; | ||||||
5 | (ii) the records of the circuit court clerk | ||||||
6 | shall be impounded until further order of the court | ||||||
7 | upon good cause shown and the name of the | ||||||
8 | petitioner obliterated on the official index | ||||||
9 | required to be kept by the circuit court clerk | ||||||
10 | under Section 16 of the Clerks of Courts Act, but | ||||||
11 | the order shall not affect any index issued by the | ||||||
12 | circuit court clerk before the entry of the order; | ||||||
13 | (iii) the records shall be impounded by the
| ||||||
14 | Department within 60 days of the date of service of | ||||||
15 | the order as ordered by the court, unless a motion | ||||||
16 | to vacate, modify, or reconsider the order is filed | ||||||
17 | pursuant to paragraph (12) of subsection (d) of | ||||||
18 | this Section; | ||||||
19 | (iv) records impounded by the Department may | ||||||
20 | be disseminated by the Department only as required | ||||||
21 | by law or to the arresting authority, the State's | ||||||
22 | Attorney, and the court upon a later arrest for the | ||||||
23 | same or a similar offense or for the purpose of | ||||||
24 | sentencing for any subsequent felony, and to the | ||||||
25 | Department of Corrections upon conviction for any | ||||||
26 | offense; and |
| |||||||
| |||||||
1 | (v) in response to an inquiry for such records | ||||||
2 | from anyone not authorized by law to access such | ||||||
3 | records, the court, the Department, or the agency | ||||||
4 | receiving such inquiry shall reply as it does in | ||||||
5 | response to inquiries when no records ever | ||||||
6 | existed. | ||||||
7 | (B-5) Upon entry of an order to expunge records | ||||||
8 | under subsection (e-6): | ||||||
9 | (i) the records shall be expunged (as defined | ||||||
10 | in subsection (a)(1)(E)) by the arresting agency | ||||||
11 | and any other agency as ordered by the court, | ||||||
12 | within 60 days of the date of service of the order, | ||||||
13 | unless a motion to vacate, modify, or reconsider | ||||||
14 | the order is filed under paragraph (12) of | ||||||
15 | subsection (d) of this Section; | ||||||
16 | (ii) the records of the circuit court clerk | ||||||
17 | shall be impounded until further order of the court | ||||||
18 | upon good cause shown and the name of the | ||||||
19 | petitioner obliterated on the official index | ||||||
20 | required to be kept by the circuit court clerk | ||||||
21 | under Section 16 of the Clerks of Courts Act, but | ||||||
22 | the order shall not affect any index issued by the | ||||||
23 | circuit court clerk before the entry of the order; | ||||||
24 | (iii) the records shall be impounded by the
| ||||||
25 | Department within 60 days of the date of service of | ||||||
26 | the order as ordered by the court, unless a motion |
| |||||||
| |||||||
1 | to vacate, modify, or reconsider the order is filed | ||||||
2 | under paragraph (12) of subsection (d) of this | ||||||
3 | Section; | ||||||
4 | (iv) records impounded by the Department may | ||||||
5 | be disseminated by the Department only as required | ||||||
6 | by law or to the arresting authority, the State's | ||||||
7 | Attorney, and the court upon a later arrest for the | ||||||
8 | same or a similar offense or for the purpose of | ||||||
9 | sentencing for any subsequent felony, and to the | ||||||
10 | Department of Corrections upon conviction for any | ||||||
11 | offense; and | ||||||
12 | (v) in response to an inquiry for these records | ||||||
13 | from anyone not authorized by law to access the | ||||||
14 | records, the court, the Department, or the agency | ||||||
15 | receiving the inquiry shall reply as it does in | ||||||
16 | response to inquiries when no records ever | ||||||
17 | existed. | ||||||
18 | (C) Upon entry of an order to seal records under | ||||||
19 | subsection
(c), the arresting agency, any other agency | ||||||
20 | as ordered by the court, the Department, and the court | ||||||
21 | shall seal the records (as defined in subsection | ||||||
22 | (a)(1)(K)). In response to an inquiry for such records, | ||||||
23 | from anyone not authorized by law to access such | ||||||
24 | records, the court, the Department, or the agency | ||||||
25 | receiving such inquiry shall reply as it does in | ||||||
26 | response to inquiries when no records ever existed. |
| |||||||
| |||||||
1 | (D) The Department shall send written notice to the | ||||||
2 | petitioner of its compliance with each order to expunge | ||||||
3 | or seal records within 60 days of the date of service | ||||||
4 | of that order or, if a motion to vacate, modify, or | ||||||
5 | reconsider is filed, within 60 days of service of the | ||||||
6 | order resolving the motion, if that order requires the | ||||||
7 | Department to expunge or seal records. In the event of | ||||||
8 | an appeal from the circuit court order, the Department | ||||||
9 | shall send written notice to the petitioner of its | ||||||
10 | compliance with an Appellate Court or Supreme Court | ||||||
11 | judgment to expunge or seal records within 60 days of | ||||||
12 | the issuance of the court's mandate. The notice is not | ||||||
13 | required while any motion to vacate, modify, or | ||||||
14 | reconsider, or any appeal or petition for | ||||||
15 | discretionary appellate review, is pending. | ||||||
16 | (10) Fees. The Department may charge the petitioner a | ||||||
17 | fee equivalent to the cost of processing any order to | ||||||
18 | expunge or seal records. Notwithstanding any provision of | ||||||
19 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
20 | clerk may charge a fee equivalent to the cost associated | ||||||
21 | with the sealing or expungement of records by the circuit | ||||||
22 | court clerk. From the total filing fee collected for the | ||||||
23 | petition to seal or expunge, the circuit court clerk shall | ||||||
24 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
25 | Administrative Fund, to be used to offset the costs | ||||||
26 | incurred by the circuit court clerk in performing the |
| |||||||
| |||||||
1 | additional duties required to serve the petition to seal or | ||||||
2 | expunge on all parties. The circuit court clerk shall | ||||||
3 | collect and forward the Department of State Police portion | ||||||
4 | of the fee to the Department and it shall be deposited in | ||||||
5 | the State Police Services Fund. | ||||||
6 | (11) Final Order. No court order issued under the | ||||||
7 | expungement or sealing provisions of this Section shall | ||||||
8 | become final for purposes of appeal until 30 days after | ||||||
9 | service of the order on the petitioner and all parties | ||||||
10 | entitled to notice of the petition. | ||||||
11 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
12 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
13 | petitioner or any party entitled to notice may file a | ||||||
14 | motion to vacate, modify, or reconsider the order granting | ||||||
15 | or denying the petition to expunge or seal within 60 days | ||||||
16 | of service of the order. If filed more than 60 days after | ||||||
17 | service of the order, a petition to vacate, modify, or | ||||||
18 | reconsider shall comply with subsection (c) of Section | ||||||
19 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
20 | motion to vacate, modify, or reconsider, notice of the | ||||||
21 | motion shall be served upon the petitioner and all parties | ||||||
22 | entitled to notice of the petition. | ||||||
23 | (13) Effect of Order. An order granting a petition | ||||||
24 | under the expungement or sealing provisions of this Section | ||||||
25 | shall not be considered void because it fails to comply | ||||||
26 | with the provisions of this Section or because of any error |
| |||||||
| |||||||
1 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
2 | circuit court retains jurisdiction to determine whether | ||||||
3 | the order is voidable and to vacate, modify, or reconsider | ||||||
4 | its terms based on a motion filed under paragraph (12) of | ||||||
5 | this subsection (d). | ||||||
6 | (14) Compliance with Order Granting Petition to Seal | ||||||
7 | Records. Unless a court has entered a stay of an order | ||||||
8 | granting a petition to seal, all parties entitled to notice | ||||||
9 | of the petition must fully comply with the terms of the | ||||||
10 | order within 60 days of service of the order even if a | ||||||
11 | party is seeking relief from the order through a motion | ||||||
12 | filed under paragraph (12) of this subsection (d) or is | ||||||
13 | appealing the order. | ||||||
14 | (15) Compliance with Order Granting Petition to | ||||||
15 | Expunge Records. While a party is seeking relief from the | ||||||
16 | order granting the petition to expunge through a motion | ||||||
17 | filed under paragraph (12) of this subsection (d) or is | ||||||
18 | appealing the order, and unless a court has entered a stay | ||||||
19 | of that order, the parties entitled to notice of the | ||||||
20 | petition must seal, but need not expunge, the records until | ||||||
21 | there is a final order on the motion for relief or, in the | ||||||
22 | case of an appeal, the issuance of that court's mandate. | ||||||
23 | (16) The changes to this subsection (d) made by Public | ||||||
24 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
25 | (the effective date of Public Act 98-163) and to all orders | ||||||
26 | ruling on a petition to expunge or seal on or after August |
| |||||||
| |||||||
1 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
2 | (e) Whenever a person who has been convicted of an offense | ||||||
3 | is granted
a pardon by the Governor which specifically | ||||||
4 | authorizes expungement, he or she may,
upon verified petition | ||||||
5 | to the Chief Judge of the circuit where the person had
been | ||||||
6 | convicted, any judge of the circuit designated by the Chief | ||||||
7 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
8 | presiding trial judge at the
defendant's trial, have a court | ||||||
9 | order entered expunging the record of
arrest from the official | ||||||
10 | records of the arresting authority and order that the
records | ||||||
11 | of the circuit court clerk and the Department be sealed until
| ||||||
12 | further order of the court upon good cause shown or as | ||||||
13 | otherwise provided
herein, and the name of the defendant | ||||||
14 | obliterated from the official index
requested to be kept by the | ||||||
15 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
16 | Act in connection with the arrest and conviction for the | ||||||
17 | offense for
which he or she had been pardoned but the order | ||||||
18 | shall not affect any index issued by
the circuit court clerk | ||||||
19 | before the entry of the order. All records sealed by
the | ||||||
20 | Department may be disseminated by the Department only to the | ||||||
21 | arresting authority, the State's Attorney, and the court upon a | ||||||
22 | later
arrest for the same or similar offense or for the purpose | ||||||
23 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
24 | any subsequent offense, the Department
of Corrections shall | ||||||
25 | have access to all sealed records of the Department
pertaining | ||||||
26 | to that individual. Upon entry of the order of expungement, the
|
| |||||||
| |||||||
1 | circuit court clerk shall promptly mail a copy of the order to | ||||||
2 | the
person who was pardoned. | ||||||
3 | (e-5) Whenever a person who has been convicted of an | ||||||
4 | offense is granted a certificate of eligibility for sealing by | ||||||
5 | the Prisoner Review Board which specifically authorizes | ||||||
6 | sealing, he or she may, upon verified petition to the Chief | ||||||
7 | Judge of the circuit where the person had been convicted, any | ||||||
8 | judge of the circuit designated by the Chief Judge, or in | ||||||
9 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
10 | trial judge at the petitioner's trial, have a court order | ||||||
11 | entered sealing the record of arrest from the official records | ||||||
12 | of the arresting authority and order that the records of the | ||||||
13 | circuit court clerk and the Department be sealed until further | ||||||
14 | order of the court upon good cause shown or as otherwise | ||||||
15 | provided herein, and the name of the petitioner obliterated | ||||||
16 | from the official index requested to be kept by the circuit | ||||||
17 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
18 | connection with the arrest and conviction for the offense for | ||||||
19 | which he or she had been granted the certificate but the order | ||||||
20 | shall not affect any index issued by the circuit court clerk | ||||||
21 | before the entry of the order. All records sealed by the | ||||||
22 | Department may be disseminated by the Department only as | ||||||
23 | required by this Act or to the arresting authority, a law | ||||||
24 | enforcement agency, the State's Attorney, and the court upon a | ||||||
25 | later arrest for the same or similar offense or for the purpose | ||||||
26 | of sentencing for any subsequent felony. Upon conviction for |
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1 | any subsequent offense, the Department of Corrections shall | ||||||
2 | have access to all sealed records of the Department pertaining | ||||||
3 | to that individual. Upon entry of the order of sealing, the | ||||||
4 | circuit court clerk shall promptly mail a copy of the order to | ||||||
5 | the person who was granted the certificate of eligibility for | ||||||
6 | sealing. | ||||||
7 | (e-6) Whenever a person who has been convicted of an | ||||||
8 | offense is granted a certificate of eligibility for expungement | ||||||
9 | by the Prisoner Review Board which specifically authorizes | ||||||
10 | expungement, he or she may, upon verified petition to the Chief | ||||||
11 | Judge of the circuit where the person had been convicted, any | ||||||
12 | judge of the circuit designated by the Chief Judge, or in | ||||||
13 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
14 | trial judge at the petitioner's trial, have a court order | ||||||
15 | entered expunging the record of arrest from the official | ||||||
16 | records of the arresting authority and order that the records | ||||||
17 | of the circuit court clerk and the Department be sealed until | ||||||
18 | further order of the court upon good cause shown or as | ||||||
19 | otherwise provided herein, and the name of the petitioner | ||||||
20 | obliterated from the official index requested to be kept by the | ||||||
21 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
22 | Act in connection with the arrest and conviction for the | ||||||
23 | offense for which he or she had been granted the certificate | ||||||
24 | but the order shall not affect any index issued by the circuit | ||||||
25 | court clerk before the entry of the order. All records sealed | ||||||
26 | by the Department may be disseminated by the Department only as |
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1 | required by this Act or to the arresting authority, a law | ||||||
2 | enforcement agency, the State's Attorney, and the court upon a | ||||||
3 | later arrest for the same or similar offense or for the purpose | ||||||
4 | of sentencing for any subsequent felony. Upon conviction for | ||||||
5 | any subsequent offense, the Department of Corrections shall | ||||||
6 | have access to all expunged records of the Department | ||||||
7 | pertaining to that individual. Upon entry of the order of | ||||||
8 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
9 | of the order to the person who was granted the certificate of | ||||||
10 | eligibility for expungement. | ||||||
11 | (f) Subject to available funding, the Illinois Department
| ||||||
12 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
13 | especially on employment and recidivism rates, utilizing a
| ||||||
14 | random sample of those who apply for the sealing of their
| ||||||
15 | criminal records under Public Act 93-211. At the request of the
| ||||||
16 | Illinois Department of Corrections, records of the Illinois
| ||||||
17 | Department of Employment Security shall be utilized as
| ||||||
18 | appropriate to assist in the study. The study shall not
| ||||||
19 | disclose any data in a manner that would allow the
| ||||||
20 | identification of any particular individual or employing unit.
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21 | The study shall be made available to the General Assembly no
| ||||||
22 | later than September 1, 2010.
| ||||||
23 | (g) Immediate Sealing. | ||||||
24 | (1) Applicability. Notwithstanding any other provision | ||||||
25 | of this Act to the contrary, and cumulative with any rights | ||||||
26 | to expungement or sealing of criminal records, this |
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1 | subsection authorizes the immediate sealing of criminal | ||||||
2 | records of adults and of minors prosecuted as adults. | ||||||
3 | (2) Eligible Records. Arrests or charges not initiated | ||||||
4 | by arrest resulting in acquittal or dismissal with | ||||||
5 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
6 | that occur on or after the effective date of this | ||||||
7 | amendatory Act of the 100th General Assembly, may be sealed | ||||||
8 | immediately if the petition is filed with the circuit court | ||||||
9 | clerk on the same day and during the same hearing in which | ||||||
10 | the case is disposed. | ||||||
11 | (3) When Records are Eligible to be Immediately Sealed. | ||||||
12 | Eligible records under paragraph (2) of this subsection (g) | ||||||
13 | may be sealed immediately after entry of the final | ||||||
14 | disposition of a case, notwithstanding the disposition of | ||||||
15 | other charges in the same case. | ||||||
16 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
17 | entry of a disposition for an eligible record under this | ||||||
18 | subsection (g), the defendant shall be informed by the | ||||||
19 | court of his or her right to have eligible records | ||||||
20 | immediately sealed and the procedure for the immediate | ||||||
21 | sealing of these records. | ||||||
22 | (5) Procedure. The following procedures apply to | ||||||
23 | immediate sealing under this subsection (g). | ||||||
24 | (A) Filing the Petition. Upon entry of the final | ||||||
25 | disposition of the case, the defendant's attorney may | ||||||
26 | immediately petition the court, on behalf of the |
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1 | defendant, for immediate sealing of eligible records | ||||||
2 | under paragraph (2) of this subsection (g) that are | ||||||
3 | entered on or after the effective date of this | ||||||
4 | amendatory Act of the 100th General Assembly. The | ||||||
5 | immediate sealing petition may be filed with the | ||||||
6 | circuit court clerk during the hearing in which the | ||||||
7 | final disposition of the case is entered. If the | ||||||
8 | defendant's attorney does not file the petition for | ||||||
9 | immediate sealing during the hearing, the defendant | ||||||
10 | may file a petition for sealing at any time as | ||||||
11 | authorized under subsection (c)(3)(A). | ||||||
12 | (B) Contents of Petition. The immediate sealing | ||||||
13 | petition shall be verified and shall contain the | ||||||
14 | petitioner's name, date of birth, current address, and | ||||||
15 | for each eligible record, the case number, the date of | ||||||
16 | arrest if applicable, the identity of the arresting | ||||||
17 | authority if applicable, and other information as the | ||||||
18 | court may require. | ||||||
19 | (C) Drug Test. The petitioner shall not be required | ||||||
20 | to attach proof that he or she has passed a drug test. | ||||||
21 | (D) Service of Petition. A copy of the petition | ||||||
22 | shall be served on the State's Attorney in open court. | ||||||
23 | The petitioner shall not be required to serve a copy of | ||||||
24 | the petition on any other agency. | ||||||
25 | (E) Entry of Order. The presiding trial judge shall | ||||||
26 | enter an order granting or denying the petition for |
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| |||||||
1 | immediate sealing during the hearing in which it is | ||||||
2 | filed. Petitions for immediate sealing shall be ruled | ||||||
3 | on in the same hearing in which the final disposition | ||||||
4 | of the case is entered. | ||||||
5 | (F) Hearings. The court shall hear the petition for | ||||||
6 | immediate sealing on the same day and during the same | ||||||
7 | hearing in which the disposition is rendered. | ||||||
8 | (G) Service of Order. An order to immediately seal | ||||||
9 | eligible records shall be served in conformance with | ||||||
10 | subsection (d)(8). | ||||||
11 | (H) Implementation of Order. An order to | ||||||
12 | immediately seal records shall be implemented in | ||||||
13 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
14 | (I) Fees. No fees shall be charged by the circuit | ||||||
15 | court clerk or the Department of State Police for | ||||||
16 | processing petitions filed under this subsection (g). | ||||||
17 | (J) Final Order. No court order issued under this | ||||||
18 | subsection (g) shall become final for purposes of | ||||||
19 | appeal until 30 days after service of the order on the | ||||||
20 | petitioner and all parties entitled to service of the | ||||||
21 | order in conformance with subsection (d)(8). | ||||||
22 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
23 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
24 | petitioner may file a motion to vacate, modify, or | ||||||
25 | reconsider the order denying the petition to | ||||||
26 | immediately seal within 60 days of service of the |
| |||||||
| |||||||
1 | order. If filed more than 60 days after service of the | ||||||
2 | order, a petition to vacate, modify, or reconsider | ||||||
3 | shall comply with subsection (c) of Section 2-1401 of | ||||||
4 | the Code of Civil Procedure. | ||||||
5 | (L) Effect of Order. An order granting an immediate | ||||||
6 | sealing petition shall not be considered void because | ||||||
7 | it fails to comply with the provisions of this Section | ||||||
8 | or because of an error asserted in a motion to vacate, | ||||||
9 | modify, or reconsider. The circuit court retains | ||||||
10 | jurisdiction to determine whether the order is | ||||||
11 | voidable, and to vacate, modify, or reconsider its | ||||||
12 | terms based on a motion filed under subparagraph (L) of | ||||||
13 | this subsection (g). | ||||||
14 | (M) Compliance with Order Granting Petition to | ||||||
15 | Seal Records. Unless a court has entered a stay of an | ||||||
16 | order granting a petition to immediately seal, all | ||||||
17 | parties entitled to service of the order must fully | ||||||
18 | comply with the terms of the order within 60 days of | ||||||
19 | service of the order. | ||||||
20 | (Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
21 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||||||
22 | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
23 | 98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; | ||||||
24 | 99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. | ||||||
25 | 7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
|