Rep. Tony McCombie

Filed: 2/27/2019

 

 


 

 


 
10100HB1634ham001LRB101 05108 SLF 56928 a

1
AMENDMENT TO HOUSE BILL 1634

2    AMENDMENT NO. ______. Amend House Bill 1634 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement, sealing, and immediate sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
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),

 

 

10100HB1634ham001- 2 -LRB101 05108 SLF 56928 a

1                (iii) Court (730 ILCS 5/5-1-6),
2                (iv) Defendant (730 ILCS 5/5-1-7),
3                (v) Felony (730 ILCS 5/5-1-9),
4                (vi) Imprisonment (730 ILCS 5/5-1-10),
5                (vii) Judgment (730 ILCS 5/5-1-12),
6                (viii) Misdemeanor (730 ILCS 5/5-1-14),
7                (ix) Offense (730 ILCS 5/5-1-15),
8                (x) Parole (730 ILCS 5/5-1-16),
9                (xi) Petty Offense (730 ILCS 5/5-1-17),
10                (xii) Probation (730 ILCS 5/5-1-18),
11                (xiii) Sentence (730 ILCS 5/5-1-19),
12                (xiv) Supervision (730 ILCS 5/5-1-21), and
13                (xv) Victim (730 ILCS 5/5-1-22).
14            (B) As used in this Section, "charge not initiated
15        by arrest" means a charge (as defined by 730 ILCS
16        5/5-1-3) brought against a defendant where the
17        defendant is not arrested prior to or as a direct
18        result of the charge.
19            (C) "Conviction" means a judgment of conviction or
20        sentence entered upon a plea of guilty or upon a
21        verdict or finding of guilty of an offense, rendered by
22        a legally constituted jury or by a court of competent
23        jurisdiction authorized to try the case without a jury.
24        An order of supervision successfully completed by the
25        petitioner is not a conviction. An order of qualified
26        probation (as defined in subsection (a)(1)(J))

 

 

10100HB1634ham001- 3 -LRB101 05108 SLF 56928 a

1        successfully completed by the petitioner is not a
2        conviction. An order of supervision or an order of
3        qualified probation that is terminated
4        unsatisfactorily is a conviction, unless the
5        unsatisfactory termination is reversed, vacated, or
6        modified and the judgment of conviction, if any, is
7        reversed or vacated.
8            (D) "Criminal offense" means a petty offense,
9        business offense, misdemeanor, felony, or municipal
10        ordinance violation (as defined in subsection
11        (a)(1)(H)). As used in this Section, a minor traffic
12        offense (as defined in subsection (a)(1)(G)) shall not
13        be considered a criminal offense.
14            (E) "Expunge" means to physically destroy the
15        records or return them to the petitioner and to
16        obliterate the petitioner's name from any official
17        index or public record, or both. Nothing in this Act
18        shall require the physical destruction of the circuit
19        court file, but such records relating to arrests or
20        charges, or both, ordered expunged shall be impounded
21        as required by subsections (d)(9)(A)(ii) and
22        (d)(9)(B)(ii).
23            (F) As used in this Section, "last sentence" means
24        the sentence, order of supervision, or order of
25        qualified probation (as defined by subsection
26        (a)(1)(J)), for a criminal offense (as defined by

 

 

10100HB1634ham001- 4 -LRB101 05108 SLF 56928 a

1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

10100HB1634ham001- 5 -LRB101 05108 SLF 56928 a

1        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2        of the Unified Code of Corrections, Section
3        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4        those provisions existed before their deletion by
5        Public Act 89-313), Section 10-102 of the Illinois
6        Alcoholism and Other Drug Dependency Act, Section
7        40-10 of the Substance Use Disorder Act, or Section 10
8        of the Steroid Control Act. For the purpose of this
9        Section, "successful completion" of an order of
10        qualified probation under Section 10-102 of the
11        Illinois Alcoholism and Other Drug Dependency Act and
12        Section 40-10 of the Substance Use Disorder Act means
13        that the probation was terminated satisfactorily and
14        the judgment of conviction was vacated.
15            (K) "Seal" means to physically and electronically
16        maintain the records, unless the records would
17        otherwise be destroyed due to age, but to make the
18        records unavailable without a court order, subject to
19        the exceptions in Sections 12 and 13 of this Act. The
20        petitioner's name shall also be obliterated from the
21        official index required to be kept by the circuit court
22        clerk under Section 16 of the Clerks of Courts Act, but
23        any index issued by the circuit court clerk before the
24        entry of the order to seal shall not be affected.
25            (L) "Sexual offense committed against a minor"
26        includes but is not limited to the offenses of indecent

 

 

10100HB1634ham001- 6 -LRB101 05108 SLF 56928 a

1        solicitation of a child or criminal sexual abuse when
2        the victim of such offense is under 18 years of age.
3            (M) "Terminate" as it relates to a sentence or
4        order of supervision or qualified probation includes
5        either satisfactory or unsatisfactory termination of
6        the sentence, unless otherwise specified in this
7        Section. A sentence is terminated notwithstanding any
8        outstanding financial legal obligation.
9        (2) Minor Traffic Offenses. Orders of supervision or
10    convictions for minor traffic offenses shall not affect a
11    petitioner's eligibility to expunge or seal records
12    pursuant to this Section.
13        (2.5) Commencing 180 days after July 29, 2016 (the
14    effective date of Public Act 99-697), the law enforcement
15    agency issuing the citation shall automatically expunge,
16    on or before January 1 and July 1 of each year, the law
17    enforcement records of a person found to have committed a
18    civil law violation of subsection (a) of Section 4 of the
19    Cannabis Control Act or subsection (c) of Section 3.5 of
20    the Drug Paraphernalia Control Act in the law enforcement
21    agency's possession or control and which contains the final
22    satisfactory disposition which pertain to the person
23    issued a citation for that offense. The law enforcement
24    agency shall provide by rule the process for access,
25    review, and to confirm the automatic expungement by the law
26    enforcement agency issuing the citation. Commencing 180

 

 

10100HB1634ham001- 7 -LRB101 05108 SLF 56928 a

1    days after July 29, 2016 (the effective date of Public Act
2    99-697), the clerk of the circuit court shall expunge, upon
3    order of the court, or in the absence of a court order on
4    or before January 1 and July 1 of each year, the court
5    records of a person found in the circuit court to have
6    committed a civil law violation of subsection (a) of
7    Section 4 of the Cannabis Control Act or subsection (c) of
8    Section 3.5 of the Drug Paraphernalia Control Act in the
9    clerk's possession or control and which contains the final
10    satisfactory disposition which pertain to the person
11    issued a citation for any of those offenses.
12        (3) Exclusions. Except as otherwise provided in
13    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
14    of this Section, the court shall not order:
15            (A) the sealing or expungement of the records of
16        arrests or charges not initiated by arrest that result
17        in an order of supervision for or conviction of: (i)
18        any sexual offense committed against a minor; (ii)
19        (blank) Section 11-501 of the Illinois Vehicle Code or
20        a similar provision of a local ordinance; or (iii)
21        Section 11-503 of the Illinois Vehicle Code or a
22        similar provision of a local ordinance, unless the
23        arrest or charge is for a misdemeanor violation of
24        subsection (a) of Section 11-503 or a similar provision
25        of a local ordinance, that occurred prior to the
26        offender reaching the age of 25 years and the offender

 

 

10100HB1634ham001- 8 -LRB101 05108 SLF 56928 a

1        has no other conviction for violating Section 11-501 or
2        11-503 of the Illinois Vehicle Code or a similar
3        provision of a local ordinance.
4            (B) the sealing or expungement of records of minor
5        traffic offenses (as defined in subsection (a)(1)(G)),
6        unless the petitioner was arrested and released
7        without charging.
8            (C) the sealing of the records of arrests or
9        charges not initiated by arrest which result in an
10        order of supervision or a conviction for the following
11        offenses:
12                (i) offenses included in Article 11 of the
13            Criminal Code of 1961 or the Criminal Code of 2012
14            or a similar provision of a local ordinance, except
15            Section 11-14 and a misdemeanor violation of
16            Section 11-30 of the Criminal Code of 1961 or the
17            Criminal Code of 2012, or a similar provision of a
18            local ordinance;
19                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
20            26-5, or 48-1 of the Criminal Code of 1961 or the
21            Criminal Code of 2012, or a similar provision of a
22            local ordinance;
23                (iii) Sections 12-3.1 or 12-3.2 of the
24            Criminal Code of 1961 or the Criminal Code of 2012,
25            or Section 125 of the Stalking No Contact Order
26            Act, or Section 219 of the Civil No Contact Order

 

 

10100HB1634ham001- 9 -LRB101 05108 SLF 56928 a

1            Act, or a similar provision of a local ordinance;
2                (iv) Class A misdemeanors or felony offenses
3            under the Humane Care for Animals Act; or
4                (v) any offense or attempted offense that
5            would subject a person to registration under the
6            Sex Offender Registration Act.
7            (D) (blank).
8            (E) the sealing or expungement of records of
9        arrests or charges not initiated by arrest that result
10        in an order of supervision for or conviction of Section
11        11-501 of the Illinois Vehicle Code or a similar
12        provision of a local ordinance; except that the court
13        may order the sealing of one misdemeanor record of
14        arrest or charge not initiated by arrest that results
15        in an order of supervision for or conviction of Section
16        11-501 of the Illinois Vehicle Code or a similar
17        provision of a local ordinance per petitioner if each
18        of the following conditions have been met: (i) the
19        petitioner has not previously been convicted of or
20        placed on supervision for a violation of Section 11-501
21        of the Illinois Vehicle Code or a similar provision of
22        a local ordinance; (ii) 10 or more years have passed
23        since the termination of the petitioner's sentence;
24        (iii) during the commission of the violation, the
25        petitioner did not proximately cause death or personal
26        injury to any other person or damage the property of

 

 

10100HB1634ham001- 10 -LRB101 05108 SLF 56928 a

1        any other person and was not arrested for a violation
2        of Section 31-1 of the Criminal Code of 2012; (iv)
3        during the arrest or stop of the petitioner by a law
4        enforcement officer for commission of the violation,
5        the petitioner submitted to any test under Section
6        11-501.1 of the Illinois Vehicle Code when requested by
7        a law enforcement officer; (v) the petitioner has no
8        other misdemeanor or felony driving charge on his or
9        her driving abstract; and (vi) the judge examined the
10        driving abstract of the petitioner petitioning to have
11        his or her record sealed under this subparagraph (E)
12        and made a finding entered on the record that the
13        petitioner did not enter into a plea agreement on a
14        lesser charge other than a violation of Section 11-501
15        of the Illinois Vehicle Code or a similar provision of
16        a local ordinance, and the facts did not support that
17        the petitioner had previously committed a violation of
18        Section 11-501 of the Illinois Vehicle Code or a
19        similar provision of a local ordinance. A felony
20        conviction of Section 11-501 of the Illinois Vehicle
21        Code or a similar provision of a local ordinance may
22        not be sealed or expunged under this subparagraph (E).
23    (b) Expungement.
24        (1) A petitioner may petition the circuit court to
25    expunge the records of his or her arrests and charges not
26    initiated by arrest when each arrest or charge not

 

 

10100HB1634ham001- 11 -LRB101 05108 SLF 56928 a

1    initiated by arrest sought to be expunged resulted in: (i)
2    acquittal, dismissal, or the petitioner's release without
3    charging, unless excluded by subsection (a)(3)(B); (ii) a
4    conviction which was vacated or reversed, unless excluded
5    by subsection (a)(3)(B); (iii) an order of supervision and
6    such supervision was successfully completed by the
7    petitioner, unless excluded by subsection (a)(3)(A) or
8    (a)(3)(B); or (iv) an order of qualified probation (as
9    defined in subsection (a)(1)(J)) and such probation was
10    successfully completed by the petitioner.
11        (1.5) When a petitioner seeks to have a record of
12    arrest expunged under this Section, and the offender has
13    been convicted of a criminal offense, the State's Attorney
14    may object to the expungement on the grounds that the
15    records contain specific relevant information aside from
16    the mere fact of the arrest.
17        (2) Time frame for filing a petition to expunge.
18            (A) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an acquittal,
20        dismissal, the petitioner's release without charging,
21        or the reversal or vacation of a conviction, there is
22        no waiting period to petition for the expungement of
23        such records.
24            (B) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        supervision, successfully completed by the petitioner,

 

 

10100HB1634ham001- 12 -LRB101 05108 SLF 56928 a

1        the following time frames will apply:
2                (i) Those arrests or charges that resulted in
3            orders of supervision under Section 3-707, 3-708,
4            3-710, or 5-401.3 of the Illinois Vehicle Code or a
5            similar provision of a local ordinance, or under
6            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7            Code of 1961 or the Criminal Code of 2012, or a
8            similar provision of a local ordinance, shall not
9            be eligible for expungement until 5 years have
10            passed following the satisfactory termination of
11            the supervision.
12                (i-5) Those arrests or charges that resulted
13            in orders of supervision for a misdemeanor
14            violation of subsection (a) of Section 11-503 of
15            the Illinois Vehicle Code or a similar provision of
16            a local ordinance, that occurred prior to the
17            offender reaching the age of 25 years and the
18            offender has no other conviction for violating
19            Section 11-501 or 11-503 of the Illinois Vehicle
20            Code or a similar provision of a local ordinance
21            shall not be eligible for expungement until the
22            petitioner has reached the age of 25 years.
23                (ii) Those arrests or charges that resulted in
24            orders of supervision for any other offenses shall
25            not be eligible for expungement until 2 years have
26            passed following the satisfactory termination of

 

 

10100HB1634ham001- 13 -LRB101 05108 SLF 56928 a

1            the supervision.
2            (C) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        qualified probation, successfully completed by the
5        petitioner, such records shall not be eligible for
6        expungement until 5 years have passed following the
7        satisfactory termination of the probation.
8        (3) Those records maintained by the Department for
9    persons arrested prior to their 17th birthday shall be
10    expunged as provided in Section 5-915 of the Juvenile Court
11    Act of 1987.
12        (4) Whenever a person has been arrested for or
13    convicted of any offense, in the name of a person whose
14    identity he or she has stolen or otherwise come into
15    possession of, the aggrieved person from whom the identity
16    was stolen or otherwise obtained without authorization,
17    upon learning of the person having been arrested using his
18    or her identity, may, upon verified petition to the chief
19    judge of the circuit wherein the arrest was made, have a
20    court order entered nunc pro tunc by the Chief Judge to
21    correct the arrest record, conviction record, if any, and
22    all official records of the arresting authority, the
23    Department, other criminal justice agencies, the
24    prosecutor, and the trial court concerning such arrest, if
25    any, by removing his or her name from all such records in
26    connection with the arrest and conviction, if any, and by

 

 

10100HB1634ham001- 14 -LRB101 05108 SLF 56928 a

1    inserting in the records the name of the offender, if known
2    or ascertainable, in lieu of the aggrieved's name. The
3    records of the circuit court clerk shall be sealed until
4    further order of the court upon good cause shown and the
5    name of the aggrieved person obliterated on the official
6    index required to be kept by the circuit court clerk under
7    Section 16 of the Clerks of Courts Act, but the order shall
8    not affect any index issued by the circuit court clerk
9    before the entry of the order. Nothing in this Section
10    shall limit the Department of State Police or other
11    criminal justice agencies or prosecutors from listing
12    under an offender's name the false names he or she has
13    used.
14        (5) Whenever a person has been convicted of criminal
15    sexual assault, aggravated criminal sexual assault,
16    predatory criminal sexual assault of a child, criminal
17    sexual abuse, or aggravated criminal sexual abuse, the
18    victim of that offense may request that the State's
19    Attorney of the county in which the conviction occurred
20    file a verified petition with the presiding trial judge at
21    the petitioner's trial to have a court order entered to
22    seal the records of the circuit court clerk in connection
23    with the proceedings of the trial court concerning that
24    offense. However, the records of the arresting authority
25    and the Department of State Police concerning the offense
26    shall not be sealed. The court, upon good cause shown,

 

 

10100HB1634ham001- 15 -LRB101 05108 SLF 56928 a

1    shall make the records of the circuit court clerk in
2    connection with the proceedings of the trial court
3    concerning the offense available for public inspection.
4        (6) If a conviction has been set aside on direct review
5    or on collateral attack and the court determines by clear
6    and convincing evidence that the petitioner was factually
7    innocent of the charge, the court that finds the petitioner
8    factually innocent of the charge shall enter an expungement
9    order for the conviction for which the petitioner has been
10    determined to be innocent as provided in subsection (b) of
11    Section 5-5-4 of the Unified Code of Corrections.
12        (7) Nothing in this Section shall prevent the
13    Department of State Police from maintaining all records of
14    any person who is admitted to probation upon terms and
15    conditions and who fulfills those terms and conditions
16    pursuant to Section 10 of the Cannabis Control Act, Section
17    410 of the Illinois Controlled Substances Act, Section 70
18    of the Methamphetamine Control and Community Protection
19    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
20    Corrections, Section 12-4.3 or subdivision (b)(1) of
21    Section 12-3.05 of the Criminal Code of 1961 or the
22    Criminal Code of 2012, Section 10-102 of the Illinois
23    Alcoholism and Other Drug Dependency Act, Section 40-10 of
24    the Substance Use Disorder Act, or Section 10 of the
25    Steroid Control Act.
26        (8) If the petitioner has been granted a certificate of

 

 

10100HB1634ham001- 16 -LRB101 05108 SLF 56928 a

1    innocence under Section 2-702 of the Code of Civil
2    Procedure, the court that grants the certificate of
3    innocence shall also enter an order expunging the
4    conviction for which the petitioner has been determined to
5    be innocent as provided in subsection (h) of Section 2-702
6    of the Code of Civil Procedure.
7    (c) Sealing.
8        (1) Applicability. Notwithstanding any other provision
9    of this Act to the contrary, and cumulative with any rights
10    to expungement of criminal records, this subsection
11    authorizes the sealing of criminal records of adults and of
12    minors prosecuted as adults. Subsection (g) of this Section
13    provides for immediate sealing of certain records.
14        (2) Eligible Records. The following records may be
15    sealed:
16            (A) All arrests resulting in release without
17        charging;
18            (B) Arrests or charges not initiated by arrest
19        resulting in acquittal, dismissal, or conviction when
20        the conviction was reversed or vacated, except as
21        excluded by subsection (a)(3)(B);
22            (C) Arrests or charges not initiated by arrest
23        resulting in orders of supervision, including orders
24        of supervision for municipal ordinance violations,
25        successfully completed by the petitioner, unless
26        excluded by subsection (a)(3);

 

 

10100HB1634ham001- 17 -LRB101 05108 SLF 56928 a

1            (D) Arrests or charges not initiated by arrest
2        resulting in convictions, including convictions on
3        municipal ordinance violations, unless excluded by
4        subsection (a)(3);
5            (E) Arrests or charges not initiated by arrest
6        resulting in orders of first offender probation under
7        Section 10 of the Cannabis Control Act, Section 410 of
8        the Illinois Controlled Substances Act, Section 70 of
9        the Methamphetamine Control and Community Protection
10        Act, or Section 5-6-3.3 of the Unified Code of
11        Corrections; and
12            (F) Arrests or charges not initiated by arrest
13        resulting in felony convictions unless otherwise
14        excluded by subsection (a) paragraph (3) of this
15        Section.
16        (3) When Records Are Eligible to Be Sealed. Records
17    identified as eligible under subsection (c)(2) may be
18    sealed as follows:
19            (A) Records identified as eligible under
20        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
21        time.
22            (B) Except as otherwise provided in subparagraph
23        (E) of this paragraph (3), records identified as
24        eligible under subsection (c)(2)(C) may be sealed 2
25        years after the termination of petitioner's last
26        sentence (as defined in subsection (a)(1)(F)).

 

 

10100HB1634ham001- 18 -LRB101 05108 SLF 56928 a

1            (C) Except as otherwise provided in subparagraph
2        (E) of this paragraph (3), records identified as
3        eligible under subsections (c)(2)(D), (c)(2)(E), and
4        (c)(2)(F) may be sealed 3 years after the termination
5        of the petitioner's last sentence (as defined in
6        subsection (a)(1)(F)). Convictions requiring public
7        registration under the Arsonist Registration Act, the
8        Sex Offender Registration Act, or the Murderer and
9        Violent Offender Against Youth Registration Act may
10        not be sealed until the petitioner is no longer
11        required to register under that relevant Act.
12            (D) Records identified in subsection
13        (a)(3)(A)(iii) may be sealed after the petitioner has
14        reached the age of 25 years.
15            (E) Records identified as eligible under
16        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
17        (c)(2)(F) may be sealed upon termination of the
18        petitioner's last sentence if the petitioner earned a
19        high school diploma, associate's degree, career
20        certificate, vocational technical certification, or
21        bachelor's degree, or passed the high school level Test
22        of General Educational Development, during the period
23        of his or her sentence, aftercare release, or mandatory
24        supervised release. This subparagraph shall apply only
25        to a petitioner who has not completed the same
26        educational goal prior to the period of his or her

 

 

10100HB1634ham001- 19 -LRB101 05108 SLF 56928 a

1        sentence, aftercare release, or mandatory supervised
2        release. If a petition for sealing eligible records
3        filed under this subparagraph is denied by the court,
4        the time periods under subparagraph (B) or (C) shall
5        apply to any subsequent petition for sealing filed by
6        the petitioner.
7        (4) Subsequent felony convictions. A person may not
8    have subsequent felony conviction records sealed as
9    provided in this subsection (c) if he or she is convicted
10    of any felony offense after the date of the sealing of
11    prior felony convictions as provided in this subsection
12    (c). The court may, upon conviction for a subsequent felony
13    offense, order the unsealing of prior felony conviction
14    records previously ordered sealed by the court.
15        (5) Notice of eligibility for sealing. Upon entry of a
16    disposition for an eligible record under this subsection
17    (c), the petitioner shall be informed by the court of the
18    right to have the records sealed and the procedures for the
19    sealing of the records.
20    (d) Procedure. The following procedures apply to
21expungement under subsections (b), (e), and (e-6) and sealing
22under subsections (c) and (e-5):
23        (1) Filing the petition. Upon becoming eligible to
24    petition for the expungement or sealing of records under
25    this Section, the petitioner shall file a petition
26    requesting the expungement or sealing of records with the

 

 

10100HB1634ham001- 20 -LRB101 05108 SLF 56928 a

1    clerk of the court where the arrests occurred or the
2    charges were brought, or both. If arrests occurred or
3    charges were brought in multiple jurisdictions, a petition
4    must be filed in each such jurisdiction. The petitioner
5    shall pay the applicable fee, except no fee shall be
6    required if the petitioner has obtained a court order
7    waiving fees under Supreme Court Rule 298 or it is
8    otherwise waived.
9        (1.5) County fee waiver pilot program. In a county of
10    3,000,000 or more inhabitants, no fee shall be required to
11    be paid by a petitioner if the records sought to be
12    expunged or sealed were arrests resulting in release
13    without charging or arrests or charges not initiated by
14    arrest resulting in acquittal, dismissal, or conviction
15    when the conviction was reversed or vacated, unless
16    excluded by subsection (a)(3)(B). The provisions of this
17    paragraph (1.5), other than this sentence, are inoperative
18    on and after January 1, 2019.
19        (2) Contents of petition. The petition shall be
20    verified and shall contain the petitioner's name, date of
21    birth, current address and, for each arrest or charge not
22    initiated by arrest sought to be sealed or expunged, the
23    case number, the date of arrest (if any), the identity of
24    the arresting authority, and such other information as the
25    court may require. During the pendency of the proceeding,
26    the petitioner shall promptly notify the circuit court

 

 

10100HB1634ham001- 21 -LRB101 05108 SLF 56928 a

1    clerk of any change of his or her address. If the
2    petitioner has received a certificate of eligibility for
3    sealing from the Prisoner Review Board under paragraph (10)
4    of subsection (a) of Section 3-3-2 of the Unified Code of
5    Corrections, the certificate shall be attached to the
6    petition.
7        (3) Drug test. The petitioner must attach to the
8    petition proof that the petitioner has passed a test taken
9    within 30 days before the filing of the petition showing
10    the absence within his or her body of all illegal
11    substances as defined by the Illinois Controlled
12    Substances Act, the Methamphetamine Control and Community
13    Protection Act, and the Cannabis Control Act if he or she
14    is petitioning to:
15            (A) seal felony records under clause (c)(2)(E);
16            (B) seal felony records for a violation of the
17        Illinois Controlled Substances Act, the
18        Methamphetamine Control and Community Protection Act,
19        or the Cannabis Control Act under clause (c)(2)(F);
20            (C) seal felony records under subsection (e-5); or
21            (D) expunge felony records of a qualified
22        probation under clause (b)(1)(iv).
23        (4) Service of petition. The circuit court clerk shall
24    promptly serve a copy of the petition and documentation to
25    support the petition under subsection (e-5) or (e-6) on the
26    State's Attorney or prosecutor charged with the duty of

 

 

10100HB1634ham001- 22 -LRB101 05108 SLF 56928 a

1    prosecuting the offense, the Department of State Police,
2    the arresting agency and the chief legal officer of the
3    unit of local government effecting the arrest.
4        (5) Objections.
5            (A) Any party entitled to notice of the petition
6        may file an objection to the petition. All objections
7        shall be in writing, shall be filed with the circuit
8        court clerk, and shall state with specificity the basis
9        of the objection. Whenever a person who has been
10        convicted of an offense is granted a pardon by the
11        Governor which specifically authorizes expungement, an
12        objection to the petition may not be filed.
13            (B) Objections to a petition to expunge or seal
14        must be filed within 60 days of the date of service of
15        the petition.
16        (6) Entry of order.
17            (A) The Chief Judge of the circuit wherein the
18        charge was brought, any judge of that circuit
19        designated by the Chief Judge, or in counties of less
20        than 3,000,000 inhabitants, the presiding trial judge
21        at the petitioner's trial, if any, shall rule on the
22        petition to expunge or seal as set forth in this
23        subsection (d)(6).
24            (B) Unless the State's Attorney or prosecutor, the
25        Department of State Police, the arresting agency, or
26        the chief legal officer files an objection to the

 

 

10100HB1634ham001- 23 -LRB101 05108 SLF 56928 a

1        petition to expunge or seal within 60 days from the
2        date of service of the petition, the court shall enter
3        an order granting or denying the petition.
4            (C) Notwithstanding any other provision of law,
5        the court shall not deny a petition for sealing under
6        this Section because the petitioner has not satisfied
7        an outstanding legal financial obligation established,
8        imposed, or originated by a court, law enforcement
9        agency, or a municipal, State, county, or other unit of
10        local government, including, but not limited to, any
11        cost, assessment, fine, or fee. An outstanding legal
12        financial obligation does not include any court
13        ordered restitution to a victim under Section 5-5-6 of
14        the Unified Code of Corrections, unless the
15        restitution has been converted to a civil judgment.
16        Nothing in this subparagraph (C) waives, rescinds, or
17        abrogates a legal financial obligation or otherwise
18        eliminates or affects the right of the holder of any
19        financial obligation to pursue collection under
20        applicable federal, State, or local law.
21        (7) Hearings. If an objection is filed, the court shall
22    set a date for a hearing and notify the petitioner and all
23    parties entitled to notice of the petition of the hearing
24    date at least 30 days prior to the hearing. Prior to the
25    hearing, the State's Attorney shall consult with the
26    Department as to the appropriateness of the relief sought

 

 

10100HB1634ham001- 24 -LRB101 05108 SLF 56928 a

1    in the petition to expunge or seal. At the hearing, the
2    court shall hear evidence on whether the petition should or
3    should not be granted, and shall grant or deny the petition
4    to expunge or seal the records based on the evidence
5    presented at the hearing. The court may consider the
6    following:
7            (A) the strength of the evidence supporting the
8        defendant's conviction;
9            (B) the reasons for retention of the conviction
10        records by the State;
11            (C) the petitioner's age, criminal record history,
12        and employment history;
13            (D) the period of time between the petitioner's
14        arrest on the charge resulting in the conviction and
15        the filing of the petition under this Section; and
16            (E) the specific adverse consequences the
17        petitioner may be subject to if the petition is denied.
18        (8) Service of order. After entering an order to
19    expunge or seal records, the court must provide copies of
20    the order to the Department, in a form and manner
21    prescribed by the Department, to the petitioner, to the
22    State's Attorney or prosecutor charged with the duty of
23    prosecuting the offense, to the arresting agency, to the
24    chief legal officer of the unit of local government
25    effecting the arrest, and to such other criminal justice
26    agencies as may be ordered by the court.

 

 

10100HB1634ham001- 25 -LRB101 05108 SLF 56928 a

1        (9) Implementation of order.
2            (A) Upon entry of an order to expunge records
3        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
4                (i) the records shall be expunged (as defined
5            in subsection (a)(1)(E)) by the arresting agency,
6            the Department, and any other agency as ordered by
7            the court, within 60 days of the date of service of
8            the order, unless a motion to vacate, modify, or
9            reconsider the order is filed pursuant to
10            paragraph (12) of subsection (d) of this Section;
11                (ii) the records of the circuit court clerk
12            shall be impounded until further order of the court
13            upon good cause shown and the name of the
14            petitioner obliterated on the official index
15            required to be kept by the circuit court clerk
16            under Section 16 of the Clerks of Courts Act, but
17            the order shall not affect any index issued by the
18            circuit court clerk before the entry of the order;
19            and
20                (iii) in response to an inquiry for expunged
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) Upon entry of an order to expunge records
26        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:

 

 

10100HB1634ham001- 26 -LRB101 05108 SLF 56928 a

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 pursuant to 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            pursuant to paragraph (12) of subsection (d) of
21            this 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

 

 

10100HB1634ham001- 27 -LRB101 05108 SLF 56928 a

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 such records
5            from anyone not authorized by law to access such
6            records, the court, the Department, or the agency
7            receiving such inquiry shall reply as it does in
8            response to inquiries when no records ever
9            existed.
10            (B-5) Upon entry of an order to expunge records
11        under subsection (e-6):
12                (i) the records shall be expunged (as defined
13            in subsection (a)(1)(E)) by the arresting agency
14            and any other agency as ordered by the court,
15            within 60 days of the date of service of the order,
16            unless a motion to vacate, modify, or reconsider
17            the order is filed under paragraph (12) of
18            subsection (d) of this Section;
19                (ii) the records of the circuit court clerk
20            shall be impounded until further order of the court
21            upon good cause shown and the name of the
22            petitioner obliterated on the official index
23            required to be kept by the circuit court clerk
24            under Section 16 of the Clerks of Courts Act, but
25            the order shall not affect any index issued by the
26            circuit court clerk before the entry of the order;

 

 

10100HB1634ham001- 28 -LRB101 05108 SLF 56928 a

1                (iii) the records shall be impounded by the
2            Department within 60 days of the date of service of
3            the order as ordered by the court, unless a motion
4            to vacate, modify, or reconsider the order is filed
5            under paragraph (12) of subsection (d) of this
6            Section;
7                (iv) records impounded by the Department may
8            be disseminated by the Department only as required
9            by law or to the arresting authority, the State's
10            Attorney, and the court upon a later arrest for the
11            same or a similar offense or for the purpose of
12            sentencing for any subsequent felony, and to the
13            Department of Corrections upon conviction for any
14            offense; and
15                (v) in response to an inquiry for these records
16            from anyone not authorized by law to access the
17            records, the court, the Department, or the agency
18            receiving the inquiry shall reply as it does in
19            response to inquiries when no records ever
20            existed.
21            (C) Upon entry of an order to seal records under
22        subsection (c), the arresting agency, any other agency
23        as ordered by the court, the Department, and the court
24        shall seal the records (as defined in subsection
25        (a)(1)(K)). In response to an inquiry for such records,
26        from anyone not authorized by law to access such

 

 

10100HB1634ham001- 29 -LRB101 05108 SLF 56928 a

1        records, the court, the Department, or the agency
2        receiving such inquiry shall reply as it does in
3        response to inquiries when no records ever existed.
4            (D) The Department shall send written notice to the
5        petitioner of its compliance with each order to expunge
6        or seal records within 60 days of the date of service
7        of that order or, if a motion to vacate, modify, or
8        reconsider is filed, within 60 days of service of the
9        order resolving the motion, if that order requires the
10        Department to expunge or seal records. In the event of
11        an appeal from the circuit court order, the Department
12        shall send written notice to the petitioner of its
13        compliance with an Appellate Court or Supreme Court
14        judgment to expunge or seal records within 60 days of
15        the issuance of the court's mandate. The notice is not
16        required while any motion to vacate, modify, or
17        reconsider, or any appeal or petition for
18        discretionary appellate review, is pending.
19            (E) Upon motion, the court may order that a sealed
20        judgment or other court record necessary to
21        demonstrate the amount of any legal financial
22        obligation due and owing be made available for the
23        limited purpose of collecting any legal financial
24        obligations owed by the petitioner that were
25        established, imposed, or originated in the criminal
26        proceeding for which those records have been sealed.

 

 

10100HB1634ham001- 30 -LRB101 05108 SLF 56928 a

1        The records made available under this subparagraph (E)
2        shall not be entered into the official index required
3        to be kept by the circuit court clerk under Section 16
4        of the Clerks of Courts Act and shall be immediately
5        re-impounded upon the collection of the outstanding
6        financial obligations.
7            (F) Notwithstanding any other provision of this
8        Section, a circuit court clerk may access a sealed
9        record for the limited purpose of collecting payment
10        for any legal financial obligations that were
11        established, imposed, or originated in the criminal
12        proceedings for which those records have been sealed.
13        (10) Fees. The Department may charge the petitioner a
14    fee equivalent to the cost of processing any order to
15    expunge or seal records. Notwithstanding any provision of
16    the Clerks of Courts Act to the contrary, the circuit court
17    clerk may charge a fee equivalent to the cost associated
18    with the sealing or expungement of records by the circuit
19    court clerk. From the total filing fee collected for the
20    petition to seal or expunge, the circuit court clerk shall
21    deposit $10 into the Circuit Court Clerk Operation and
22    Administrative Fund, to be used to offset the costs
23    incurred by the circuit court clerk in performing the
24    additional duties required to serve the petition to seal or
25    expunge on all parties. The circuit court clerk shall
26    collect and forward the Department of State Police portion

 

 

10100HB1634ham001- 31 -LRB101 05108 SLF 56928 a

1    of the fee to the Department and it shall be deposited in
2    the State Police Services Fund. If the record brought under
3    an expungement petition was previously sealed under this
4    Section, the fee for the expungement petition for that same
5    record shall be waived.
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

 

 

10100HB1634ham001- 32 -LRB101 05108 SLF 56928 a

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

 

 

10100HB1634ham001- 33 -LRB101 05108 SLF 56928 a

1    5, 2013 (the effective date of Public Act 98-163).
2    (e) Whenever a person who has been convicted of an offense
3is granted a pardon by the Governor which specifically
4authorizes expungement, he or she may, upon verified petition
5to the Chief Judge of the circuit where the person had been
6convicted, any judge of the circuit designated by the Chief
7Judge, or in counties of less than 3,000,000 inhabitants, the
8presiding trial judge at the defendant's trial, have a court
9order entered expunging the record of arrest from the official
10records of the arresting authority and order that the records
11of the circuit court clerk and the Department be sealed until
12further order of the court upon good cause shown or as
13otherwise provided herein, and the name of the defendant
14obliterated from the official index requested to be kept by the
15circuit court clerk under Section 16 of the Clerks of Courts
16Act in connection with the arrest and conviction for the
17offense for which he or she had been pardoned but the order
18shall not affect any index issued by the circuit court clerk
19before the entry of the order. All records sealed by the
20Department may be disseminated by the Department only to the
21arresting authority, the State's Attorney, and the court upon a
22later arrest for the same or similar offense or for the purpose
23of sentencing for any subsequent felony. Upon conviction for
24any subsequent offense, the Department of Corrections shall
25have access to all sealed records of the Department pertaining
26to that individual. Upon entry of the order of expungement, the

 

 

10100HB1634ham001- 34 -LRB101 05108 SLF 56928 a

1circuit court clerk shall promptly mail a copy of the order to
2the person who was pardoned.
3    (e-5) Whenever a person who has been convicted of an
4offense is granted a certificate of eligibility for sealing by
5the Prisoner Review Board which specifically authorizes
6sealing, he or she may, upon verified petition to the Chief
7Judge of the circuit where the person had been convicted, any
8judge of the circuit designated by the Chief Judge, or in
9counties of less than 3,000,000 inhabitants, the presiding
10trial judge at the petitioner's trial, have a court order
11entered sealing the record of arrest from the official records
12of the arresting authority and order that the records of the
13circuit court clerk and the Department be sealed until further
14order of the court upon good cause shown or as otherwise
15provided herein, and the name of the petitioner obliterated
16from the official index requested to be kept by the circuit
17court clerk under Section 16 of the Clerks of Courts Act in
18connection with the arrest and conviction for the offense for
19which he or she had been granted the certificate but the order
20shall not affect any index issued by the circuit court clerk
21before the entry of the order. All records sealed by the
22Department may be disseminated by the Department only as
23required by this Act or to the arresting authority, a law
24enforcement agency, the State's Attorney, and the court upon a
25later arrest for the same or similar offense or for the purpose
26of sentencing for any subsequent felony. Upon conviction for

 

 

10100HB1634ham001- 35 -LRB101 05108 SLF 56928 a

1any subsequent offense, the Department of Corrections shall
2have access to all sealed records of the Department pertaining
3to that individual. Upon entry of the order of sealing, the
4circuit court clerk shall promptly mail a copy of the order to
5the person who was granted the certificate of eligibility for
6sealing.
7    (e-6) Whenever a person who has been convicted of an
8offense is granted a certificate of eligibility for expungement
9by the Prisoner Review Board which specifically authorizes
10expungement, he or she may, upon verified petition to the Chief
11Judge of the circuit where the person had been convicted, any
12judge of the circuit designated by the Chief Judge, or in
13counties of less than 3,000,000 inhabitants, the presiding
14trial judge at the petitioner's trial, have a court order
15entered expunging the record of arrest from the official
16records of the arresting authority and order that the records
17of the circuit court clerk and the Department be sealed until
18further order of the court upon good cause shown or as
19otherwise provided herein, and the name of the petitioner
20obliterated from the official index requested to be kept by the
21circuit court clerk under Section 16 of the Clerks of Courts
22Act in connection with the arrest and conviction for the
23offense for which he or she had been granted the certificate
24but the order shall not affect any index issued by the circuit
25court clerk before the entry of the order. All records sealed
26by the Department may be disseminated by the Department only as

 

 

10100HB1634ham001- 36 -LRB101 05108 SLF 56928 a

1required by this Act or to the arresting authority, a law
2enforcement agency, the State's Attorney, and the court upon a
3later arrest for the same or similar offense or for the purpose
4of sentencing for any subsequent felony. Upon conviction for
5any subsequent offense, the Department of Corrections shall
6have access to all expunged records of the Department
7pertaining to that individual. Upon entry of the order of
8expungement, the circuit court clerk shall promptly mail a copy
9of the order to the person who was granted the certificate of
10eligibility for expungement.
11    (f) Subject to available funding, the Illinois Department
12of Corrections shall conduct a study of the impact of sealing,
13especially on employment and recidivism rates, utilizing a
14random sample of those who apply for the sealing of their
15criminal records under Public Act 93-211. At the request of the
16Illinois Department of Corrections, records of the Illinois
17Department of Employment Security shall be utilized as
18appropriate to assist in the study. The study shall not
19disclose any data in a manner that would allow the
20identification of any particular individual or employing unit.
21The study shall be made available to the General Assembly no
22later 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

 

 

10100HB1634ham001- 37 -LRB101 05108 SLF 56928 a

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 January 1, 2018 (the effective date
7    of Public Act 100-282), may be sealed immediately if the
8    petition is filed with the circuit court clerk on the same
9    day and during the same hearing in which the case is
10    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

 

 

10100HB1634ham001- 38 -LRB101 05108 SLF 56928 a

1        defendant, for immediate sealing of eligible records
2        under paragraph (2) of this subsection (g) that are
3        entered on or after January 1, 2018 (the effective date
4        of Public Act 100-282). The immediate sealing petition
5        may be filed with the circuit court clerk during the
6        hearing in which the final disposition of the case is
7        entered. If the defendant's attorney does not file the
8        petition for immediate sealing during the hearing, the
9        defendant may file a petition for sealing at any time
10        as authorized under subsection (c)(3)(A).
11            (B) Contents of Petition. The immediate sealing
12        petition shall be verified and shall contain the
13        petitioner's name, date of birth, current address, and
14        for each eligible record, the case number, the date of
15        arrest if applicable, the identity of the arresting
16        authority if applicable, and other information as the
17        court may require.
18            (C) Drug Test. The petitioner shall not be required
19        to attach proof that he or she has passed a drug test.
20            (D) Service of Petition. A copy of the petition
21        shall be served on the State's Attorney in open court.
22        The petitioner shall not be required to serve a copy of
23        the petition on any other agency.
24            (E) Entry of Order. The presiding trial judge shall
25        enter an order granting or denying the petition for
26        immediate sealing during the hearing in which it is

 

 

10100HB1634ham001- 39 -LRB101 05108 SLF 56928 a

1        filed. Petitions for immediate sealing shall be ruled
2        on in the same hearing in which the final disposition
3        of the case is entered.
4            (F) Hearings. The court shall hear the petition for
5        immediate sealing on the same day and during the same
6        hearing in which the disposition is rendered.
7            (G) Service of Order. An order to immediately seal
8        eligible records shall be served in conformance with
9        subsection (d)(8).
10            (H) Implementation of Order. An order to
11        immediately seal records shall be implemented in
12        conformance with subsections (d)(9)(C) and (d)(9)(D).
13            (I) Fees. The fee imposed by the circuit court
14        clerk and the Department of State Police shall comply
15        with paragraph (1) of subsection (d) of this Section.
16            (J) Final Order. No court order issued under this
17        subsection (g) shall become final for purposes of
18        appeal until 30 days after service of the order on the
19        petitioner and all parties entitled to service of the
20        order in conformance with subsection (d)(8).
21            (K) Motion to Vacate, Modify, or Reconsider. Under
22        Section 2-1203 of the Code of Civil Procedure, the
23        petitioner, State's Attorney, or the Department of
24        State Police 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

 

 

10100HB1634ham001- 40 -LRB101 05108 SLF 56928 a

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    (h) Sealing; trafficking victims.
21        (1) A trafficking victim as defined by paragraph (10)
22    of subsection (a) of Section 10-9 of the Criminal Code of
23    2012 shall be eligible to petition for immediate sealing of
24    his or her criminal record upon the completion of his or
25    her last sentence if his or her participation in the
26    underlying offense was a direct result of human trafficking

 

 

10100HB1634ham001- 41 -LRB101 05108 SLF 56928 a

1    under Section 10-9 of the Criminal Code of 2012 or a severe
2    form of trafficking under the federal Trafficking Victims
3    Protection Act.
4        (2) A petitioner under this subsection (h), in addition
5    to the requirements provided under paragraph (4) of
6    subsection (d) of this Section, shall include in his or her
7    petition a clear and concise statement that: (A) he or she
8    was a victim of human trafficking at the time of the
9    offense; and (B) that his or her participation in the
10    offense was a direct result of human trafficking under
11    Section 10-9 of the Criminal Code of 2012 or a severe form
12    of trafficking under the federal Trafficking Victims
13    Protection Act.
14        (3) If an objection is filed alleging that the
15    petitioner is not entitled to immediate sealing under this
16    subsection (h), the court shall conduct a hearing under
17    paragraph (7) of subsection (d) of this Section and the
18    court shall determine whether the petitioner is entitled to
19    immediate sealing under this subsection (h). A petitioner
20    is eligible for immediate relief under this subsection (h)
21    if he or she shows, by a preponderance of the evidence,
22    that: (A) he or she was a victim of human trafficking at
23    the time of the offense; and (B) that his or her
24    participation in the offense was a direct result of human
25    trafficking under Section 10-9 of the Criminal Code of 2012
26    or a severe form of trafficking under the federal

 

 

10100HB1634ham001- 42 -LRB101 05108 SLF 56928 a

1    Trafficking Victims Protection Act.
2(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
3eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
499-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
51-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692,
6eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18;
7100-863, eff. 8-14-18; revised 8-30-18.)".