Rep. Jehan Gordon-Booth
Filed: 5/16/2018
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1 | AMENDMENT TO HOUSE BILL 5341
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2 | AMENDMENT NO. ______. Amend House Bill 5341, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Criminal Identification Act is amended by | ||||||
6 | changing Section 5.2 as follows:
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7 | (20 ILCS 2630/5.2)
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8 | Sec. 5.2. Expungement, sealing , and immediate sealing. | ||||||
9 | (a) General Provisions. | ||||||
10 | (1) Definitions. In this Act, words and phrases have
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11 | the meanings set forth in this subsection, except when a
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12 | particular context clearly requires a different meaning. | ||||||
13 | (A) The following terms shall have the meanings | ||||||
14 | ascribed to them in the Unified Code of Corrections, | ||||||
15 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
16 | (i) Business Offense (730 ILCS 5/5-1-2), |
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1 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
2 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
3 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
4 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
5 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
6 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
7 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
8 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
9 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
10 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
11 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
12 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
13 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
14 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
15 | (B) As used in this Section, "charge not initiated | ||||||
16 | by arrest" means a charge (as defined by 730 ILCS | ||||||
17 | 5/5-1-3) brought against a defendant where the | ||||||
18 | defendant is not arrested prior to or as a direct | ||||||
19 | result of the charge. | ||||||
20 | (C) "Conviction" means a judgment of conviction or | ||||||
21 | sentence entered upon a plea of guilty or upon a | ||||||
22 | verdict or finding of guilty of an offense, rendered by | ||||||
23 | a legally constituted jury or by a court of competent | ||||||
24 | jurisdiction authorized to try the case without a jury. | ||||||
25 | An order of supervision successfully completed by the | ||||||
26 | petitioner is not a conviction. An order of qualified |
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1 | probation (as defined in subsection (a)(1)(J)) | ||||||
2 | successfully completed by the petitioner is not a | ||||||
3 | conviction. An order of supervision or an order of | ||||||
4 | qualified probation that is terminated | ||||||
5 | unsatisfactorily is a conviction, unless the | ||||||
6 | unsatisfactory termination is reversed, vacated, or | ||||||
7 | modified and the judgment of conviction, if any, is | ||||||
8 | reversed or vacated. | ||||||
9 | (D) "Criminal offense" means a petty offense, | ||||||
10 | business offense, misdemeanor, felony, or municipal | ||||||
11 | ordinance violation (as defined in subsection | ||||||
12 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
13 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
14 | be considered a criminal offense. | ||||||
15 | (E) "Expunge" means to physically destroy the | ||||||
16 | records or return them to the petitioner and to | ||||||
17 | obliterate the petitioner's name from any official | ||||||
18 | index or public record, or both. Nothing in this Act | ||||||
19 | shall require the physical destruction of the circuit | ||||||
20 | court file, but such records relating to arrests or | ||||||
21 | charges, or both, ordered expunged shall be impounded | ||||||
22 | as required by subsections (d)(9)(A)(ii) and | ||||||
23 | (d)(9)(B)(ii). | ||||||
24 | (F) As used in this Section, "last sentence" means | ||||||
25 | the sentence, order of supervision, or order of | ||||||
26 | qualified probation (as defined by subsection |
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1 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
2 | subsection (a)(1)(D)) that terminates last in time in | ||||||
3 | any jurisdiction, regardless of whether the petitioner | ||||||
4 | has included the criminal offense for which the | ||||||
5 | sentence or order of supervision or qualified | ||||||
6 | probation was imposed in his or her petition. If | ||||||
7 | multiple sentences, orders of supervision, or orders | ||||||
8 | of qualified probation terminate on the same day and | ||||||
9 | are last in time, they shall be collectively considered | ||||||
10 | the "last sentence" regardless of whether they were | ||||||
11 | ordered to run concurrently. | ||||||
12 | (G) "Minor traffic offense" means a petty offense, | ||||||
13 | business offense, or Class C misdemeanor under the | ||||||
14 | Illinois Vehicle Code or a similar provision of a | ||||||
15 | municipal or local ordinance. | ||||||
16 | (H) "Municipal ordinance violation" means an | ||||||
17 | offense defined by a municipal or local ordinance that | ||||||
18 | is criminal in nature and with which the petitioner was | ||||||
19 | charged or for which the petitioner was arrested and | ||||||
20 | released without charging. | ||||||
21 | (I) "Petitioner" means an adult or a minor | ||||||
22 | prosecuted as an
adult who has applied for relief under | ||||||
23 | this Section. | ||||||
24 | (J) "Qualified probation" means an order of | ||||||
25 | probation under Section 10 of the Cannabis Control Act, | ||||||
26 | Section 410 of the Illinois Controlled Substances Act, |
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1 | Section 70 of the Methamphetamine Control and | ||||||
2 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
3 | of the Unified Code of Corrections, Section | ||||||
4 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
5 | those provisions existed before their deletion by | ||||||
6 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
7 | Alcoholism and Other Drug Dependency Act, Section | ||||||
8 | 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
9 | Dependency Act, or Section 10 of the Steroid Control | ||||||
10 | Act. For the purpose of this Section, "successful | ||||||
11 | completion" of an order of qualified probation under | ||||||
12 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
13 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
14 | and Other Drug Abuse and Dependency Act means that the | ||||||
15 | probation was terminated satisfactorily and the | ||||||
16 | judgment of conviction was vacated. | ||||||
17 | (K) "Seal" means to physically and electronically | ||||||
18 | maintain the records, unless the records would | ||||||
19 | otherwise be destroyed due to age, but to make the | ||||||
20 | records unavailable without a court order, subject to | ||||||
21 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
22 | petitioner's name shall also be obliterated from the | ||||||
23 | official index required to be kept by the circuit court | ||||||
24 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
25 | any index issued by the circuit court clerk before the | ||||||
26 | entry of the order to seal shall not be affected. |
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1 | (L) "Sexual offense committed against a minor" | ||||||
2 | includes but is
not limited to the offenses of indecent | ||||||
3 | solicitation of a child
or criminal sexual abuse when | ||||||
4 | the victim of such offense is
under 18 years of age. | ||||||
5 | (M) "Terminate" as it relates to a sentence or | ||||||
6 | order of supervision or qualified probation includes | ||||||
7 | either satisfactory or unsatisfactory termination of | ||||||
8 | the sentence, unless otherwise specified in this | ||||||
9 | Section. A sentence is terminated notwithstanding any | ||||||
10 | outstanding financial legal obligation. | ||||||
11 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
12 | convictions for minor traffic offenses shall not affect a | ||||||
13 | petitioner's eligibility to expunge or seal records | ||||||
14 | pursuant to this Section. | ||||||
15 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
16 | effective date of Public Act 99-697), the law enforcement | ||||||
17 | agency issuing the citation shall automatically expunge, | ||||||
18 | on or before January 1 and July 1 of each year, the law | ||||||
19 | enforcement records of a person found to have committed a | ||||||
20 | civil law violation of subsection (a) of Section 4 of the | ||||||
21 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
22 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
23 | agency's possession or control and which contains the final | ||||||
24 | satisfactory disposition which pertain to the person | ||||||
25 | issued a citation for that offense.
The law enforcement | ||||||
26 | agency shall provide by rule the process for access, |
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1 | review, and to confirm the automatic expungement by the law | ||||||
2 | enforcement agency issuing the citation.
Commencing 180 | ||||||
3 | days after July 29, 2016 (the effective date of Public Act | ||||||
4 | 99-697), the clerk of the circuit court shall expunge, upon | ||||||
5 | order of the court, or in the absence of a court order on | ||||||
6 | or before January 1 and July 1 of each year, the court | ||||||
7 | records of a person found in the circuit court to have | ||||||
8 | committed a civil law violation of subsection (a) of | ||||||
9 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
10 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
11 | clerk's possession or control and which contains the final | ||||||
12 | satisfactory disposition which pertain to the person | ||||||
13 | issued a citation for any of those offenses. | ||||||
14 | (3) Exclusions. Except as otherwise provided in | ||||||
15 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
16 | of this Section, the court shall not order: | ||||||
17 | (A) the sealing or expungement of the records of | ||||||
18 | arrests or charges not initiated by arrest that result | ||||||
19 | in an order of supervision for or conviction of:
(i) | ||||||
20 | any sexual offense committed against a
minor; (ii) | ||||||
21 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
22 | similar provision of a local ordinance; or (iii) | ||||||
23 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
24 | similar provision of a local ordinance, unless the | ||||||
25 | arrest or charge is for a misdemeanor violation of | ||||||
26 | subsection (a) of Section 11-503 or a similar provision |
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1 | of a local ordinance, that occurred prior to the | ||||||
2 | offender reaching the age of 25 years and the offender | ||||||
3 | has no other conviction for violating Section 11-501 or | ||||||
4 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
5 | provision of a local ordinance. | ||||||
6 | (B) the sealing or expungement of records of minor | ||||||
7 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
8 | unless the petitioner was arrested and released | ||||||
9 | without charging. | ||||||
10 | (C) the sealing of the records of arrests or | ||||||
11 | charges not initiated by arrest which result in an | ||||||
12 | order of supervision or a conviction for the following | ||||||
13 | offenses: | ||||||
14 | (i) offenses included in Article 11 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
16 | or a similar provision of a local ordinance, except | ||||||
17 | Section 11-14 and a misdemeanor violation of | ||||||
18 | Section 11-30 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, or a similar provision of a | ||||||
20 | local ordinance; | ||||||
21 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
22 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, or a similar provision of a | ||||||
24 | local ordinance; | ||||||
25 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012, |
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1 | or Section 125 of the Stalking No Contact Order | ||||||
2 | Act, or Section 219 of the Civil No Contact Order | ||||||
3 | Act, or a similar provision of a local ordinance; | ||||||
4 | (iv) Class A misdemeanors or felony offenses | ||||||
5 | under the Humane Care for Animals Act; or | ||||||
6 | (v) any offense or attempted offense that | ||||||
7 | would subject a person to registration under the | ||||||
8 | Sex Offender Registration Act. | ||||||
9 | (D) (blank). | ||||||
10 | (b) Expungement. | ||||||
11 | (1) A petitioner may petition the circuit court to | ||||||
12 | expunge the
records of his or her arrests and charges not | ||||||
13 | initiated by arrest when each arrest or charge not | ||||||
14 | initiated by arrest
sought to be expunged resulted in:
(i) | ||||||
15 | acquittal, dismissal, or the petitioner's release without | ||||||
16 | charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||||||
17 | conviction which was vacated or reversed, unless excluded | ||||||
18 | by subsection (a)(3)(B);
(iii) an order of supervision and | ||||||
19 | such supervision was successfully completed by the | ||||||
20 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
21 | (a)(3)(B); or
(iv) an order of qualified probation (as | ||||||
22 | defined in subsection (a)(1)(J)) and such probation was | ||||||
23 | successfully completed by the petitioner. | ||||||
24 | (1.5) When a petitioner seeks to have a record of | ||||||
25 | arrest expunged under this Section, and the offender has | ||||||
26 | been convicted of a criminal offense, the State's Attorney |
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1 | may object to the expungement on the grounds that the | ||||||
2 | records contain specific relevant information aside from | ||||||
3 | the mere fact of the arrest. | ||||||
4 | (2) Time frame for filing a petition to expunge. | ||||||
5 | (A) When the arrest or charge not initiated by | ||||||
6 | arrest sought to be expunged resulted in an acquittal, | ||||||
7 | dismissal, the petitioner's release without charging, | ||||||
8 | or the reversal or vacation of a conviction, there is | ||||||
9 | no waiting period to petition for the expungement of | ||||||
10 | such records. | ||||||
11 | (B) When the arrest or charge not initiated by | ||||||
12 | arrest
sought to be expunged resulted in an order of | ||||||
13 | supervision, successfully
completed by the petitioner, | ||||||
14 | the following time frames will apply: | ||||||
15 | (i) Those arrests or charges that resulted in | ||||||
16 | orders of
supervision under Section 3-707, 3-708, | ||||||
17 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
18 | similar provision of a local ordinance, or under | ||||||
19 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
21 | similar provision of a local ordinance, shall not | ||||||
22 | be eligible for expungement until 5 years have | ||||||
23 | passed following the satisfactory termination of | ||||||
24 | the supervision. | ||||||
25 | (i-5) Those arrests or charges that resulted | ||||||
26 | in orders of supervision for a misdemeanor |
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1 | violation of subsection (a) of Section 11-503 of | ||||||
2 | the Illinois Vehicle Code or a similar provision of | ||||||
3 | a local ordinance, that occurred prior to the | ||||||
4 | offender reaching the age of 25 years and the | ||||||
5 | offender has no other conviction for violating | ||||||
6 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
7 | Code or a similar provision of a local ordinance | ||||||
8 | shall not be eligible for expungement until the | ||||||
9 | petitioner has reached the age of 25 years. | ||||||
10 | (ii) Those arrests or charges that resulted in | ||||||
11 | orders
of supervision for any other offenses shall | ||||||
12 | not be
eligible for expungement until 2 years have | ||||||
13 | passed
following the satisfactory termination of | ||||||
14 | the supervision. | ||||||
15 | (C) When the arrest or charge not initiated by | ||||||
16 | arrest sought to
be expunged resulted in an order of | ||||||
17 | qualified probation, successfully
completed by the | ||||||
18 | petitioner, such records shall not be eligible for
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19 | expungement until 5 years have passed following the | ||||||
20 | satisfactory
termination of the probation. | ||||||
21 | (3) Those records maintained by the Department for
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22 | persons arrested prior to their 17th birthday shall be
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23 | expunged as provided in Section 5-915 of the Juvenile Court
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24 | Act of 1987. | ||||||
25 | (4) Whenever a person has been arrested for or | ||||||
26 | convicted of any
offense, in the name of a person whose |
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1 | identity he or she has stolen or otherwise
come into | ||||||
2 | possession of, the aggrieved person from whom the identity
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3 | was stolen or otherwise obtained without authorization,
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4 | upon learning of the person having been arrested using his
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5 | or her identity, may, upon verified petition to the chief | ||||||
6 | judge of
the circuit wherein the arrest was made, have a | ||||||
7 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
8 | correct the
arrest record, conviction record, if any, and | ||||||
9 | all official
records of the arresting authority, the | ||||||
10 | Department, other
criminal justice agencies, the | ||||||
11 | prosecutor, and the trial
court concerning such arrest, if | ||||||
12 | any, by removing his or her name
from all such records in | ||||||
13 | connection with the arrest and
conviction, if any, and by | ||||||
14 | inserting in the records the
name of the offender, if known | ||||||
15 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
16 | records of the circuit court clerk shall be sealed until | ||||||
17 | further order of
the court upon good cause shown and the | ||||||
18 | name of the
aggrieved person obliterated on the official | ||||||
19 | index
required to be kept by the circuit court clerk under
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20 | Section 16 of the Clerks of Courts Act, but the order shall
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21 | not affect any index issued by the circuit court clerk
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22 | before the entry of the order. Nothing in this Section
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23 | shall limit the Department of State Police or other
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24 | criminal justice agencies or prosecutors from listing
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25 | under an offender's name the false names he or she has
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26 | used. |
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1 | (5) Whenever a person has been convicted of criminal
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2 | sexual assault, aggravated criminal sexual assault,
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3 | predatory criminal sexual assault of a child, criminal
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4 | sexual abuse, or aggravated criminal sexual abuse, the
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5 | victim of that offense may request that the State's
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6 | Attorney of the county in which the conviction occurred
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7 | file a verified petition with the presiding trial judge at
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8 | the petitioner's trial to have a court order entered to | ||||||
9 | seal
the records of the circuit court clerk in connection
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10 | with the proceedings of the trial court concerning that
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11 | offense. However, the records of the arresting authority
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12 | and the Department of State Police concerning the offense
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13 | shall not be sealed. The court, upon good cause shown,
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14 | shall make the records of the circuit court clerk in
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15 | connection with the proceedings of the trial court
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16 | concerning the offense available for public inspection. | ||||||
17 | (6) If a conviction has been set aside on direct review
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18 | or on collateral attack and the court determines by clear
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19 | and convincing evidence that the petitioner was factually
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20 | innocent of the charge, the court that finds the petitioner | ||||||
21 | factually innocent of the charge shall enter an
expungement | ||||||
22 | order for the conviction for which the petitioner has been | ||||||
23 | determined to be innocent as provided in subsection (b) of | ||||||
24 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
25 | (7) Nothing in this Section shall prevent the | ||||||
26 | Department of
State Police from maintaining all records of |
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1 | any person who
is admitted to probation upon terms and | ||||||
2 | conditions and who
fulfills those terms and conditions | ||||||
3 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
4 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
5 | of the
Methamphetamine Control and Community Protection | ||||||
6 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
7 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
8 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
10 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
11 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
12 | Section 10 of the Steroid Control Act. | ||||||
13 | (8) If the petitioner has been granted a certificate of | ||||||
14 | innocence under Section 2-702 of the Code of Civil | ||||||
15 | Procedure, the court that grants the certificate of | ||||||
16 | innocence shall also enter an order expunging the | ||||||
17 | conviction for which the petitioner has been determined to | ||||||
18 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
19 | of the Code of Civil Procedure. | ||||||
20 | (c) Sealing. | ||||||
21 | (1) Applicability. Notwithstanding any other provision | ||||||
22 | of this Act to the contrary, and cumulative with any rights | ||||||
23 | to expungement of criminal records, this subsection | ||||||
24 | authorizes the sealing of criminal records of adults and of | ||||||
25 | minors prosecuted as adults. Subsection (g) of this Section | ||||||
26 | provides for immediate sealing of certain records. |
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1 | (2) Eligible Records. The following records may be | ||||||
2 | sealed: | ||||||
3 | (A) All arrests resulting in release without | ||||||
4 | charging; | ||||||
5 | (B) Arrests or charges not initiated by arrest | ||||||
6 | resulting in acquittal, dismissal, or conviction when | ||||||
7 | the conviction was reversed or vacated, except as | ||||||
8 | excluded by subsection (a)(3)(B); | ||||||
9 | (C) Arrests or charges not initiated by arrest | ||||||
10 | resulting in orders of supervision, including orders | ||||||
11 | of supervision for municipal ordinance violations, | ||||||
12 | successfully completed by the petitioner, unless | ||||||
13 | excluded by subsection (a)(3); | ||||||
14 | (D) Arrests or charges not initiated by arrest | ||||||
15 | resulting in convictions, including convictions on | ||||||
16 | municipal ordinance violations, unless excluded by | ||||||
17 | subsection (a)(3); | ||||||
18 | (E) Arrests or charges not initiated by arrest | ||||||
19 | resulting in orders of first offender probation under | ||||||
20 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
21 | the Illinois Controlled Substances Act, Section 70 of | ||||||
22 | the Methamphetamine Control and Community Protection | ||||||
23 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
24 | Corrections; and | ||||||
25 | (F) Arrests or charges not initiated by arrest | ||||||
26 | resulting in felony convictions unless otherwise |
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1 | excluded by subsection (a) paragraph (3) of this | ||||||
2 | Section. | ||||||
3 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
4 | identified as eligible under subsection (c)(2) may be | ||||||
5 | sealed as follows: | ||||||
6 | (A) Records identified as eligible under | ||||||
7 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
8 | time. | ||||||
9 | (B) Except as otherwise provided in subparagraph | ||||||
10 | (E) of this paragraph (3), records identified as | ||||||
11 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
12 | years after the termination of petitioner's last | ||||||
13 | sentence (as defined in subsection (a)(1)(F)). | ||||||
14 | (C) Except as otherwise provided in subparagraph | ||||||
15 | (E) of this paragraph (3), records identified as | ||||||
16 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
17 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
18 | of the petitioner's last sentence (as defined in | ||||||
19 | subsection (a)(1)(F)). Convictions requiring public | ||||||
20 | registration under the Arsonist Registration Act, the | ||||||
21 | Sex Offender Registration Act, or the Murderer and | ||||||
22 | Violent Offender Against Youth Registration Act may | ||||||
23 | not be sealed until the petitioner is no longer | ||||||
24 | required to register under that relevant Act. | ||||||
25 | (D) Records identified in subsection | ||||||
26 | (a)(3)(A)(iii) may be sealed after the petitioner has |
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1 | reached the age of 25 years. | ||||||
2 | (E) Records identified as eligible under | ||||||
3 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
4 | (c)(2)(F) may be sealed upon termination of the | ||||||
5 | petitioner's last sentence if the petitioner earned a | ||||||
6 | high school diploma, associate's degree, career | ||||||
7 | certificate, vocational technical certification, or | ||||||
8 | bachelor's degree, or passed the high school level Test | ||||||
9 | of General Educational Development, during the period | ||||||
10 | of his or her sentence, aftercare release, or mandatory | ||||||
11 | supervised release. This subparagraph shall apply only | ||||||
12 | to a petitioner who has not completed the same | ||||||
13 | educational goal prior to the period of his or her | ||||||
14 | sentence, aftercare release, or mandatory supervised | ||||||
15 | release. If a petition for sealing eligible records | ||||||
16 | filed under this subparagraph is denied by the court, | ||||||
17 | the time periods under subparagraph (B) or (C) shall | ||||||
18 | apply to any subsequent petition for sealing filed by | ||||||
19 | the petitioner. | ||||||
20 | (4) Subsequent felony convictions. A person may not | ||||||
21 | have
subsequent felony conviction records sealed as | ||||||
22 | provided in this subsection
(c) if he or she is convicted | ||||||
23 | of any felony offense after the date of the
sealing of | ||||||
24 | prior felony convictions as provided in this subsection | ||||||
25 | (c). The court may, upon conviction for a subsequent felony | ||||||
26 | offense, order the unsealing of prior felony conviction |
| |||||||
| |||||||
1 | records previously ordered sealed by the court. | ||||||
2 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
3 | disposition for an eligible record under this subsection | ||||||
4 | (c), the petitioner shall be informed by the court of the | ||||||
5 | right to have the records sealed and the procedures for the | ||||||
6 | sealing of the records. | ||||||
7 | (d) Procedure. The following procedures apply to | ||||||
8 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
9 | under subsections (c) and (e-5): | ||||||
10 | (1) Filing the petition. Upon becoming eligible to | ||||||
11 | petition for
the expungement or sealing of records under | ||||||
12 | this Section, the petitioner shall file a petition | ||||||
13 | requesting the expungement
or sealing of records with the | ||||||
14 | clerk of the court where the arrests occurred or the | ||||||
15 | charges were brought, or both. If arrests occurred or | ||||||
16 | charges were brought in multiple jurisdictions, a petition | ||||||
17 | must be filed in each such jurisdiction. The petitioner | ||||||
18 | shall pay the applicable fee, except no fee shall be | ||||||
19 | required if the petitioner has obtained a court order | ||||||
20 | waiving fees under Supreme Court Rule 298 or it is | ||||||
21 | otherwise waived. | ||||||
22 | (1.5) County fee waiver pilot program.
In a county of | ||||||
23 | 3,000,000 or more inhabitants, no fee shall be required to | ||||||
24 | be paid by a petitioner if the records sought to be | ||||||
25 | expunged or sealed were arrests resulting in release | ||||||
26 | without charging or arrests or charges not initiated by |
| |||||||
| |||||||
1 | arrest resulting in acquittal, dismissal, or conviction | ||||||
2 | when the conviction was reversed or vacated, unless | ||||||
3 | excluded by subsection (a)(3)(B). The provisions of this | ||||||
4 | paragraph (1.5), other than this sentence, are inoperative | ||||||
5 | on and after January 1, 2019 or one year after January 1, | ||||||
6 | 2017 (the effective date of Public Act 99-881), whichever | ||||||
7 | is later . | ||||||
8 | (2) Contents of petition. The petition shall be
| ||||||
9 | verified and shall contain the petitioner's name, date of
| ||||||
10 | birth, current address and, for each arrest or charge not | ||||||
11 | initiated by
arrest sought to be sealed or expunged, the | ||||||
12 | case number, the date of
arrest (if any), the identity of | ||||||
13 | the arresting authority, and such
other information as the | ||||||
14 | court may require. During the pendency
of the proceeding, | ||||||
15 | the petitioner shall promptly notify the
circuit court | ||||||
16 | clerk of any change of his or her address. If the | ||||||
17 | petitioner has received a certificate of eligibility for | ||||||
18 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
19 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
20 | Corrections, the certificate shall be attached to the | ||||||
21 | petition. | ||||||
22 | (3) Drug test. The petitioner must attach to the | ||||||
23 | petition proof that the petitioner has passed a test taken | ||||||
24 | within 30 days before the filing of the petition showing | ||||||
25 | the absence within his or her body of all illegal | ||||||
26 | substances as defined by the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, the Methamphetamine Control and Community | ||||||
2 | Protection Act, and the Cannabis Control Act if he or she | ||||||
3 | is petitioning to: | ||||||
4 | (A) seal felony records under clause (c)(2)(E); | ||||||
5 | (B) seal felony records for a violation of the | ||||||
6 | Illinois Controlled Substances Act, the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
9 | (C) seal felony records under subsection (e-5); or | ||||||
10 | (D) expunge felony records of a qualified | ||||||
11 | probation under clause (b)(1)(iv). | ||||||
12 | (4) Service of petition. The circuit court clerk shall | ||||||
13 | promptly
serve a copy of the petition and documentation to | ||||||
14 | support the petition under subsection (e-5) or (e-6) on the | ||||||
15 | State's Attorney or
prosecutor charged with the duty of | ||||||
16 | prosecuting the
offense, the Department of State Police, | ||||||
17 | the arresting
agency and the chief legal officer of the | ||||||
18 | unit of local
government effecting the arrest. | ||||||
19 | (5) Objections. | ||||||
20 | (A) Any party entitled to notice of the petition | ||||||
21 | may file an objection to the petition. All objections | ||||||
22 | shall be in writing, shall be filed with the circuit | ||||||
23 | court clerk, and shall state with specificity the basis | ||||||
24 | of the objection. Whenever a person who has been | ||||||
25 | convicted of an offense is granted
a pardon by the | ||||||
26 | Governor which specifically authorizes expungement, an |
| |||||||
| |||||||
1 | objection to the petition may not be filed. | ||||||
2 | (B) Objections to a petition to expunge or seal | ||||||
3 | must be filed within 60 days of the date of service of | ||||||
4 | the petition. | ||||||
5 | (6) Entry of order. | ||||||
6 | (A) The Chief Judge of the circuit wherein the | ||||||
7 | charge was brought, any judge of that circuit | ||||||
8 | designated by the Chief Judge, or in counties of less | ||||||
9 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
10 | at the petitioner's trial, if any, shall rule on the | ||||||
11 | petition to expunge or seal as set forth in this | ||||||
12 | subsection (d)(6). | ||||||
13 | (B) Unless the State's Attorney or prosecutor, the | ||||||
14 | Department of
State Police, the arresting agency, or | ||||||
15 | the chief legal officer
files an objection to the | ||||||
16 | petition to expunge or seal within 60 days from the | ||||||
17 | date of service of the petition, the court shall enter | ||||||
18 | an order granting or denying the petition. | ||||||
19 | (C) Notwithstanding any other provision of law, | ||||||
20 | the court shall not deny a petition for sealing under | ||||||
21 | this Section because the petitioner has not satisfied | ||||||
22 | an outstanding legal financial obligation established, | ||||||
23 | imposed, or originated by a court, law enforcement | ||||||
24 | agency, or a municipal, State, county, or other unit of | ||||||
25 | local government, including, but not limited to, any | ||||||
26 | cost, assessment, fine, or fee. An outstanding legal |
| |||||||
| |||||||
1 | financial obligation does not include any court | ||||||
2 | ordered restitution to a victim under Section 5-5-6 of | ||||||
3 | the Unified Code of Corrections, unless the | ||||||
4 | restitution has been converted to a civil judgment. | ||||||
5 | Nothing in this subparagraph (C) waives, rescinds, or | ||||||
6 | abrogates a legal financial obligation or otherwise | ||||||
7 | eliminates or affects the right of the holder of any | ||||||
8 | financial obligation to pursue collection under | ||||||
9 | applicable federal, State, or local law. | ||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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): |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | (E) Upon motion, the court may order that a sealed | ||||||
9 | judgment or other court record necessary to | ||||||
10 | demonstrate the amount of any legal financial | ||||||
11 | obligation due and owing be made available for the | ||||||
12 | limited purpose of collecting any legal financial | ||||||
13 | obligations owed by the petitioner that were | ||||||
14 | established, imposed, or originated in the criminal | ||||||
15 | proceeding for which those records have been sealed. | ||||||
16 | The records made available under this subparagraph (E) | ||||||
17 | shall not be entered into the official index required | ||||||
18 | to be kept by the circuit court clerk under Section 16 | ||||||
19 | of the Clerks of Courts Act and shall be immediately | ||||||
20 | re-impounded upon the collection of the outstanding | ||||||
21 | financial obligations. | ||||||
22 | (F) Notwithstanding any other provision of this | ||||||
23 | Section, a circuit court clerk may access a sealed | ||||||
24 | record for the limited purpose of collecting payment | ||||||
25 | for any legal financial obligations that were | ||||||
26 | established, imposed, or originated in the criminal |
| |||||||
| |||||||
1 | proceedings for which those records have been sealed. | ||||||
2 | (10) Fees. The Department may charge the petitioner a | ||||||
3 | fee equivalent to the cost of processing any order to | ||||||
4 | expunge or seal records. Notwithstanding any provision of | ||||||
5 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
6 | clerk may charge a fee equivalent to the cost associated | ||||||
7 | with the sealing or expungement of records by the circuit | ||||||
8 | court clerk. From the total filing fee collected for the | ||||||
9 | petition to seal or expunge, the circuit court clerk shall | ||||||
10 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
11 | Administrative Fund, to be used to offset the costs | ||||||
12 | incurred by the circuit court clerk in performing the | ||||||
13 | additional duties required to serve the petition to seal or | ||||||
14 | expunge on all parties. The circuit court clerk shall | ||||||
15 | collect and forward the Department of State Police portion | ||||||
16 | of the fee to the Department and it shall be deposited in | ||||||
17 | the State Police Services Fund. If the record brought under | ||||||
18 | an expungement petition was previously sealed under this | ||||||
19 | Section, the fee for the expungement petition for that same | ||||||
20 | record shall be waived. | ||||||
21 | (11) Final Order. No court order issued under the | ||||||
22 | expungement or sealing provisions of this Section shall | ||||||
23 | become final for purposes of appeal until 30 days after | ||||||
24 | service of the order on the petitioner and all parties | ||||||
25 | entitled to notice of the petition. | ||||||
26 | (12) Motion to Vacate, Modify, or Reconsider. Under |
| |||||||
| |||||||
1 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
2 | petitioner or any party entitled to notice may file a | ||||||
3 | motion to vacate, modify, or reconsider the order granting | ||||||
4 | or denying the petition to expunge or seal within 60 days | ||||||
5 | of service of the order. If filed more than 60 days after | ||||||
6 | service of the order, a petition to vacate, modify, or | ||||||
7 | reconsider shall comply with subsection (c) of Section | ||||||
8 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
9 | motion to vacate, modify, or reconsider, notice of the | ||||||
10 | motion shall be served upon the petitioner and all parties | ||||||
11 | entitled to notice of the petition. | ||||||
12 | (13) Effect of Order. An order granting a petition | ||||||
13 | under the expungement or sealing provisions of this Section | ||||||
14 | shall not be considered void because it fails to comply | ||||||
15 | with the provisions of this Section or because of any error | ||||||
16 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
17 | circuit court retains jurisdiction to determine whether | ||||||
18 | the order is voidable and to vacate, modify, or reconsider | ||||||
19 | its terms based on a motion filed under paragraph (12) of | ||||||
20 | this subsection (d). | ||||||
21 | (14) Compliance with Order Granting Petition to Seal | ||||||
22 | Records. Unless a court has entered a stay of an order | ||||||
23 | granting a petition to seal, all parties entitled to notice | ||||||
24 | of the petition must fully comply with the terms of the | ||||||
25 | order within 60 days of service of the order even if a | ||||||
26 | party is seeking relief from the order through a motion |
| |||||||
| |||||||
1 | filed under paragraph (12) of this subsection (d) or is | ||||||
2 | appealing the order. | ||||||
3 | (15) Compliance with Order Granting Petition to | ||||||
4 | Expunge Records. While a party is seeking relief from the | ||||||
5 | order granting the petition to expunge through a motion | ||||||
6 | filed under paragraph (12) of this subsection (d) or is | ||||||
7 | appealing the order, and unless a court has entered a stay | ||||||
8 | of that order, the parties entitled to notice of the | ||||||
9 | petition must seal, but need not expunge, the records until | ||||||
10 | there is a final order on the motion for relief or, in the | ||||||
11 | case of an appeal, the issuance of that court's mandate. | ||||||
12 | (16) The changes to this subsection (d) made by Public | ||||||
13 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
14 | (the effective date of Public Act 98-163) and to all orders | ||||||
15 | ruling on a petition to expunge or seal on or after August | ||||||
16 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
17 | (e) Whenever a person who has been convicted of an offense | ||||||
18 | is granted
a pardon by the Governor which specifically | ||||||
19 | authorizes expungement, he or she may,
upon verified petition | ||||||
20 | to the Chief Judge of the circuit where the person had
been | ||||||
21 | convicted, any judge of the circuit designated by the Chief | ||||||
22 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
23 | presiding trial judge at the
defendant's trial, have a court | ||||||
24 | order entered expunging the record of
arrest from the official | ||||||
25 | records of the arresting authority and order that the
records | ||||||
26 | of the circuit court clerk and the Department be sealed until
|
| |||||||
| |||||||
1 | further order of the court upon good cause shown or as | ||||||
2 | otherwise provided
herein, and the name of the defendant | ||||||
3 | obliterated from the official index
requested to be kept by the | ||||||
4 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
5 | Act in connection with the arrest and conviction for the | ||||||
6 | offense for
which he or she had been pardoned but the order | ||||||
7 | shall not affect any index issued by
the circuit court clerk | ||||||
8 | before the entry of the order. All records sealed by
the | ||||||
9 | Department may be disseminated by the Department only to the | ||||||
10 | arresting authority, the State's Attorney, and the court upon a | ||||||
11 | later
arrest for the same or similar offense or for the purpose | ||||||
12 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
13 | any subsequent offense, the Department
of Corrections shall | ||||||
14 | have access to all sealed records of the Department
pertaining | ||||||
15 | to that individual. Upon entry of the order of expungement, the
| ||||||
16 | circuit court clerk shall promptly mail a copy of the order to | ||||||
17 | the
person who was pardoned. | ||||||
18 | (e-5) Whenever a person who has been convicted of an | ||||||
19 | offense is granted a certificate of eligibility for sealing by | ||||||
20 | the Prisoner Review Board which specifically authorizes | ||||||
21 | sealing, he or she may, upon verified petition to the Chief | ||||||
22 | Judge of the circuit where the person had been convicted, any | ||||||
23 | judge of the circuit designated by the Chief Judge, or in | ||||||
24 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
25 | trial judge at the petitioner's trial, have a court order | ||||||
26 | entered sealing the record of arrest from the official records |
| |||||||
| |||||||
1 | of the arresting authority and order that the records of the | ||||||
2 | circuit court clerk and the Department be sealed until further | ||||||
3 | order of the court upon good cause shown or as otherwise | ||||||
4 | provided herein, and the name of the petitioner obliterated | ||||||
5 | from the official index requested to be kept by the circuit | ||||||
6 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
7 | connection with the arrest and conviction for the offense for | ||||||
8 | which he or she had been granted the certificate but the order | ||||||
9 | shall not affect any index issued by the circuit court clerk | ||||||
10 | before the entry of the order. All records sealed by the | ||||||
11 | Department may be disseminated by the Department only as | ||||||
12 | required by this Act or to the arresting authority, a law | ||||||
13 | enforcement agency, 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 sealing, the | ||||||
19 | circuit court clerk shall promptly mail a copy of the order to | ||||||
20 | the person who was granted the certificate of eligibility for | ||||||
21 | sealing. | ||||||
22 | (e-6) Whenever a person who has been convicted of an | ||||||
23 | offense is granted a certificate of eligibility for expungement | ||||||
24 | by the Prisoner Review Board which specifically authorizes | ||||||
25 | expungement, he or she may, upon verified petition to the Chief | ||||||
26 | Judge of the circuit where the person had been convicted, any |
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1 | judge of the circuit designated by the Chief Judge, or in | ||||||
2 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
3 | trial judge at the petitioner's trial, have a court order | ||||||
4 | entered expunging the record of arrest from the official | ||||||
5 | records of the arresting authority and order that the records | ||||||
6 | of the circuit court clerk and the Department be sealed until | ||||||
7 | further order of the court upon good cause shown or as | ||||||
8 | otherwise provided herein, and the name of the petitioner | ||||||
9 | obliterated from the official index requested to be kept by the | ||||||
10 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
11 | Act in connection with the arrest and conviction for the | ||||||
12 | offense for which he or she had been granted the certificate | ||||||
13 | but the order shall not affect any index issued by the circuit | ||||||
14 | court clerk before the entry of the order. All records sealed | ||||||
15 | by the Department may be disseminated by the Department only as | ||||||
16 | required by this Act or to the arresting authority, a law | ||||||
17 | enforcement agency, the State's Attorney, and the court upon a | ||||||
18 | later arrest for the same or similar offense or for the purpose | ||||||
19 | of sentencing for any subsequent felony. Upon conviction for | ||||||
20 | any subsequent offense, the Department of Corrections shall | ||||||
21 | have access to all expunged records of the Department | ||||||
22 | pertaining to that individual. Upon entry of the order of | ||||||
23 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
24 | of the order to the person who was granted the certificate of | ||||||
25 | eligibility for expungement. | ||||||
26 | (f) Subject to available funding, the Illinois Department
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1 | of Corrections shall conduct a study of the impact of sealing,
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2 | especially on employment and recidivism rates, utilizing a
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3 | random sample of those who apply for the sealing of their
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4 | criminal records under Public Act 93-211. At the request of the
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5 | Illinois Department of Corrections, records of the Illinois
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6 | Department of Employment Security shall be utilized as
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7 | appropriate to assist in the study. The study shall not
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8 | disclose any data in a manner that would allow the
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9 | identification of any particular individual or employing unit.
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10 | The study shall be made available to the General Assembly no
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11 | later than September 1, 2010.
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12 | (g) Immediate Sealing. | ||||||
13 | (1) Applicability. Notwithstanding any other provision | ||||||
14 | of this Act to the contrary, and cumulative with any rights | ||||||
15 | to expungement or sealing of criminal records, this | ||||||
16 | subsection authorizes the immediate sealing of criminal | ||||||
17 | records of adults and of minors prosecuted as adults. | ||||||
18 | (2) Eligible Records. Arrests or charges not initiated | ||||||
19 | by arrest resulting in acquittal or dismissal with | ||||||
20 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
21 | that occur on or after January 1, 2018 ( the effective date | ||||||
22 | of Public Act 100-282) this amendatory Act of the 100th | ||||||
23 | General Assembly , may be sealed immediately if the petition | ||||||
24 | is filed with the circuit court clerk on the same day and | ||||||
25 | during the same hearing in which the case is disposed. | ||||||
26 | (3) When Records are Eligible to be Immediately Sealed. |
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1 | Eligible records under paragraph (2) of this subsection (g) | ||||||
2 | may be sealed immediately after entry of the final | ||||||
3 | disposition of a case, notwithstanding the disposition of | ||||||
4 | other charges in the same case. | ||||||
5 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
6 | entry of a disposition for an eligible record under this | ||||||
7 | subsection (g), the defendant shall be informed by the | ||||||
8 | court of his or her right to have eligible records | ||||||
9 | immediately sealed and the procedure for the immediate | ||||||
10 | sealing of these records. | ||||||
11 | (5) Procedure. The following procedures apply to | ||||||
12 | immediate sealing under this subsection (g). | ||||||
13 | (A) Filing the Petition. Upon entry of the final | ||||||
14 | disposition of the case, the defendant's attorney may | ||||||
15 | immediately petition the court, on behalf of the | ||||||
16 | defendant, for immediate sealing of eligible records | ||||||
17 | under paragraph (2) of this subsection (g) that are | ||||||
18 | entered on or after January 1, 2018 ( the effective date | ||||||
19 | of Public Act 100-282) this amendatory Act of the 100th | ||||||
20 | General Assembly . The immediate sealing petition may | ||||||
21 | be filed with the circuit court clerk during the | ||||||
22 | hearing in which the final disposition of the case is | ||||||
23 | entered. If the defendant's attorney does not file the | ||||||
24 | petition for immediate sealing during the hearing, the | ||||||
25 | defendant may file a petition for sealing at any time | ||||||
26 | as authorized under subsection (c)(3)(A). |
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1 | (B) Contents of Petition. The immediate sealing | ||||||
2 | petition shall be verified and shall contain the | ||||||
3 | petitioner's name, date of birth, current address, and | ||||||
4 | for each eligible record, the case number, the date of | ||||||
5 | arrest if applicable, the identity of the arresting | ||||||
6 | authority if applicable, and other information as the | ||||||
7 | court may require. | ||||||
8 | (C) Drug Test. The petitioner shall not be required | ||||||
9 | to attach proof that he or she has passed a drug test. | ||||||
10 | (D) Service of Petition. A copy of the petition | ||||||
11 | shall be served on the State's Attorney in open court. | ||||||
12 | The petitioner shall not be required to serve a copy of | ||||||
13 | the petition on any other agency. | ||||||
14 | (E) Entry of Order. The presiding trial judge shall | ||||||
15 | enter an order granting or denying the petition for | ||||||
16 | immediate sealing during the hearing in which it is | ||||||
17 | filed. Petitions for immediate sealing shall be ruled | ||||||
18 | on in the same hearing in which the final disposition | ||||||
19 | of the case is entered. | ||||||
20 | (F) Hearings. The court shall hear the petition for | ||||||
21 | immediate sealing on the same day and during the same | ||||||
22 | hearing in which the disposition is rendered. | ||||||
23 | (G) Service of Order. An order to immediately seal | ||||||
24 | eligible records shall be served in conformance with | ||||||
25 | subsection (d)(8). | ||||||
26 | (H) Implementation of Order. An order to |
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1 | immediately seal records shall be implemented in | ||||||
2 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
3 | (I) Fees. The fee imposed by the circuit court | ||||||
4 | clerk and the Department of State Police shall comply | ||||||
5 | with paragraph (1) of subsection (d) of this Section. | ||||||
6 | (J) Final Order. No court order issued under this | ||||||
7 | subsection (g) shall become final for purposes of | ||||||
8 | appeal until 30 days after service of the order on the | ||||||
9 | petitioner and all parties entitled to service of the | ||||||
10 | order in conformance with subsection (d)(8). | ||||||
11 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
12 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
13 | petitioner, State's Attorney, or the Department of | ||||||
14 | State Police may file a motion to vacate, modify, or | ||||||
15 | reconsider the order denying the petition to | ||||||
16 | immediately seal within 60 days of service of the | ||||||
17 | order. If filed more than 60 days after service of the | ||||||
18 | order, a petition to vacate, modify, or reconsider | ||||||
19 | shall comply with subsection (c) of Section 2-1401 of | ||||||
20 | the Code of Civil Procedure. | ||||||
21 | (L) Effect of Order. An order granting an immediate | ||||||
22 | sealing petition shall not be considered void because | ||||||
23 | it fails to comply with the provisions of this Section | ||||||
24 | or because of an error asserted in a motion to vacate, | ||||||
25 | modify, or reconsider. The circuit court retains | ||||||
26 | jurisdiction to determine whether the order is |
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1 | voidable, and to vacate, modify, or reconsider its | ||||||
2 | terms based on a motion filed under subparagraph (L) of | ||||||
3 | this subsection (g). | ||||||
4 | (M) Compliance with Order Granting Petition to | ||||||
5 | Seal Records. Unless a court has entered a stay of an | ||||||
6 | order granting a petition to immediately seal, all | ||||||
7 | parties entitled to service of the order must fully | ||||||
8 | comply with the terms of the order within 60 days of | ||||||
9 | service of the order. | ||||||
10 | (Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385, | ||||||
11 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16; | ||||||
12 | 99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff. | ||||||
13 | 1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised | ||||||
14 | 10-13-17.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
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