102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3258

 

Introduced 2/19/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Provides that records included in a petition to expunge or seal that was previously denied are eligible to be expunged or sealed.


LRB102 14625 RLC 19978 b

 

 

A BILL FOR

 

HB3258LRB102 14625 RLC 19978 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively
2        considered the "last sentence" regardless of whether
3        they were ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (G-5) "Minor Cannabis Offense" means a violation
9        of Section 4 or 5 of the Cannabis Control Act
10        concerning not more than 30 grams of any substance
11        containing cannabis, provided the violation did not
12        include a penalty enhancement under Section 7 of the
13        Cannabis Control Act and is not associated with an
14        arrest, conviction or other disposition for a violent
15        crime as defined in subsection (c) of Section 3 of the
16        Rights of Crime Victims and Witnesses Act.
17            (H) "Municipal ordinance violation" means an
18        offense defined by a municipal or local ordinance that
19        is criminal in nature and with which the petitioner
20        was charged or for which the petitioner was arrested
21        and released without charging.
22            (I) "Petitioner" means an adult or a minor
23        prosecuted as an adult who has applied for relief
24        under this Section.
25            (J) "Qualified probation" means an order of
26        probation under Section 10 of the Cannabis Control

 

 

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1        Act, Section 410 of the Illinois Controlled Substances
2        Act, Section 70 of the Methamphetamine Control and
3        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
4        of the Unified Code of Corrections, Section
5        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
6        those provisions existed before their deletion by
7        Public Act 89-313), Section 10-102 of the Illinois
8        Alcoholism and Other Drug Dependency Act, Section
9        40-10 of the Substance Use Disorder Act, or Section 10
10        of the Steroid Control Act. For the purpose of this
11        Section, "successful completion" of an order of
12        qualified probation under Section 10-102 of the
13        Illinois Alcoholism and Other Drug Dependency Act and
14        Section 40-10 of the Substance Use Disorder Act means
15        that the probation was terminated satisfactorily and
16        the 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
24        court clerk under Section 16 of the Clerks of Courts
25        Act, but any index issued by the circuit court clerk
26        before the entry of the order to seal shall not be

 

 

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

 

 

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1    issued a citation for that offense. The law enforcement
2    agency shall provide by rule the process for access,
3    review, and to confirm the automatic expungement by the
4    law enforcement agency issuing the citation. Commencing
5    180 days after July 29, 2016 (the effective date of Public
6    Act 99-697), the clerk of the circuit court shall expunge,
7    upon order of the court, or in the absence of a court order
8    on or before January 1 and July 1 of each year, the court
9    records of a person found in the circuit court to have
10    committed a civil law violation of subsection (a) of
11    Section 4 of the Cannabis Control Act or subsection (c) of
12    Section 3.5 of the Drug Paraphernalia Control Act in the
13    clerk's possession or control and which contains the final
14    satisfactory disposition which pertain to the person
15    issued a citation for any of those offenses.
16        (3) Exclusions. Except as otherwise provided in
17    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
18    of this Section, the court shall not order:
19            (A) the sealing or expungement of the records of
20        arrests or charges not initiated by arrest that result
21        in an order of supervision for or conviction of: (i)
22        any sexual offense committed against a minor; (ii)
23        Section 11-501 of the Illinois Vehicle Code or a
24        similar provision of a local ordinance; or (iii)
25        Section 11-503 of the Illinois Vehicle Code or a
26        similar provision of a local ordinance, unless the

 

 

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

 

 

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1                (iii) Sections 12-3.1 or 12-3.2 of the
2            Criminal Code of 1961 or the Criminal Code of
3            2012, or Section 125 of the Stalking No Contact
4            Order Act, or Section 219 of the Civil No Contact
5            Order Act, or a similar provision of a local
6            ordinance;
7                (iv) Class A misdemeanors or felony offenses
8            under the Humane Care for Animals Act; or
9                (v) any offense or attempted offense that
10            would subject a person to registration under the
11            Sex Offender Registration Act.
12            (D) (blank).
13    (b) Expungement.
14        (1) A petitioner may petition the circuit court to
15    expunge the records of his or her arrests and charges not
16    initiated by arrest when each arrest or charge not
17    initiated by arrest sought to be expunged resulted in: (i)
18    acquittal, dismissal, or the petitioner's release without
19    charging, unless excluded by subsection (a)(3)(B); (ii) a
20    conviction which was vacated or reversed, unless excluded
21    by subsection (a)(3)(B); (iii) an order of supervision and
22    such supervision was successfully completed by the
23    petitioner, unless excluded by subsection (a)(3)(A) or
24    (a)(3)(B); or (iv) an order of qualified probation (as
25    defined in subsection (a)(1)(J)) and such probation was
26    successfully completed by the petitioner.

 

 

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1        (1.5) When a petitioner seeks to have a record of
2    arrest expunged under this Section, and the offender has
3    been convicted of a criminal offense, the State's Attorney
4    may object to the expungement on the grounds that the
5    records contain specific relevant information aside from
6    the mere fact of the arrest.
7        (2) Time frame for filing a petition to expunge.
8            (A) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an acquittal,
10        dismissal, the petitioner's release without charging,
11        or the reversal or vacation of a conviction, there is
12        no waiting period to petition for the expungement of
13        such records.
14            (B) When the arrest or charge not initiated by
15        arrest sought to be expunged resulted in an order of
16        supervision, successfully completed by the petitioner,
17        the following time frames will apply:
18                (i) Those arrests or charges that resulted in
19            orders of supervision under Section 3-707, 3-708,
20            3-710, or 5-401.3 of the Illinois Vehicle Code or
21            a similar provision of a local ordinance, or under
22            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
23            Code of 1961 or the Criminal Code of 2012, or a
24            similar provision of a local ordinance, shall not
25            be eligible for expungement until 5 years have
26            passed following the satisfactory termination of

 

 

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1            the supervision.
2                (i-5) Those arrests or charges that resulted
3            in orders of supervision for a misdemeanor
4            violation of subsection (a) of Section 11-503 of
5            the Illinois Vehicle Code or a similar provision
6            of a local ordinance, that occurred prior to the
7            offender reaching the age of 25 years and the
8            offender has no other conviction for violating
9            Section 11-501 or 11-503 of the Illinois Vehicle
10            Code or a similar provision of a local ordinance
11            shall not be eligible for expungement until the
12            petitioner has reached the age of 25 years.
13                (ii) Those arrests or charges that resulted in
14            orders of supervision for any other offenses shall
15            not be eligible for expungement until 2 years have
16            passed following the satisfactory termination of
17            the supervision.
18            (C) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an order of
20        qualified probation, successfully completed by the
21        petitioner, such records shall not be eligible for
22        expungement until 5 years have passed following the
23        satisfactory termination of the probation.
24            (D) Records included in a petition to expunge that
25        was previously denied are eligible to be expunged
26        under paragraphs (A) through (C) of this subsection.

 

 

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1        (3) Those records maintained by the Department for
2    persons arrested prior to their 17th birthday shall be
3    expunged as provided in Section 5-915 of the Juvenile
4    Court Act of 1987.
5        (4) Whenever a person has been arrested for or
6    convicted of any offense, in the name of a person whose
7    identity he or she has stolen or otherwise come into
8    possession of, the aggrieved person from whom the identity
9    was stolen or otherwise obtained without authorization,
10    upon learning of the person having been arrested using his
11    or her identity, may, upon verified petition to the chief
12    judge of the circuit wherein the arrest was made, have a
13    court order entered nunc pro tunc by the Chief Judge to
14    correct the arrest record, conviction record, if any, and
15    all official records of the arresting authority, the
16    Department, other criminal justice agencies, the
17    prosecutor, and the trial court concerning such arrest, if
18    any, by removing his or her name from all such records in
19    connection with the arrest and conviction, if any, and by
20    inserting in the records the name of the offender, if
21    known or ascertainable, in lieu of the aggrieved's name.
22    The records of the circuit court clerk shall be sealed
23    until further order of the court upon good cause shown and
24    the name of the aggrieved person obliterated on the
25    official index required to be kept by the circuit court
26    clerk under Section 16 of the Clerks of Courts Act, but the

 

 

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1    order shall not affect any index issued by the circuit
2    court clerk before the entry of the order. Nothing in this
3    Section shall limit the Department of State Police or
4    other criminal justice agencies or prosecutors from
5    listing under an offender's name the false names he or she
6    has used.
7        (5) Whenever a person has been convicted of criminal
8    sexual assault, aggravated criminal sexual assault,
9    predatory criminal sexual assault of a child, criminal
10    sexual abuse, or aggravated criminal sexual abuse, the
11    victim of that offense may request that the State's
12    Attorney of the county in which the conviction occurred
13    file a verified petition with the presiding trial judge at
14    the petitioner's trial to have a court order entered to
15    seal the records of the circuit court clerk in connection
16    with the proceedings of the trial court concerning that
17    offense. However, the records of the arresting authority
18    and the Department of State Police concerning the offense
19    shall not be sealed. The court, upon good cause shown,
20    shall make the records of the circuit court clerk in
21    connection with the proceedings of the trial court
22    concerning the offense available for public inspection.
23        (6) If a conviction has been set aside on direct
24    review or on collateral attack and the court determines by
25    clear and convincing evidence that the petitioner was
26    factually innocent of the charge, the court that finds the

 

 

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1    petitioner factually innocent of the charge shall enter an
2    expungement order for the conviction for which the
3    petitioner has been determined to be innocent as provided
4    in subsection (b) of Section 5-5-4 of the Unified Code of
5    Corrections.
6        (7) Nothing in this Section shall prevent the
7    Department of State Police from maintaining all records of
8    any person who is admitted to probation upon terms and
9    conditions and who fulfills those terms and conditions
10    pursuant to Section 10 of the Cannabis Control Act,
11    Section 410 of the Illinois Controlled Substances Act,
12    Section 70 of the Methamphetamine Control and Community
13    Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
14    Code of Corrections, Section 12-4.3 or subdivision (b)(1)
15    of Section 12-3.05 of the Criminal Code of 1961 or the
16    Criminal Code of 2012, Section 10-102 of the Illinois
17    Alcoholism and Other Drug Dependency Act, Section 40-10 of
18    the Substance Use Disorder Act, or Section 10 of the
19    Steroid Control Act.
20        (8) If the petitioner has been granted a certificate
21    of innocence under Section 2-702 of the Code of Civil
22    Procedure, the court that grants the certificate of
23    innocence shall also enter an order expunging the
24    conviction for which the petitioner has been determined to
25    be innocent as provided in subsection (h) of Section 2-702
26    of the Code of Civil Procedure.

 

 

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1    (c) Sealing.
2        (1) Applicability. Notwithstanding any other provision
3    of this Act to the contrary, and cumulative with any
4    rights to expungement of criminal records, this subsection
5    authorizes the sealing of criminal records of adults and
6    of minors prosecuted as adults. Subsection (g) of this
7    Section provides for immediate sealing of certain records.
8        (2) Eligible Records. The following records may be
9    sealed:
10            (A) All arrests resulting in release without
11        charging;
12            (B) Arrests or charges not initiated by arrest
13        resulting in acquittal, dismissal, or conviction when
14        the conviction was reversed or vacated, except as
15        excluded by subsection (a)(3)(B);
16            (C) Arrests or charges not initiated by arrest
17        resulting in orders of supervision, including orders
18        of supervision for municipal ordinance violations,
19        successfully completed by the petitioner, unless
20        excluded by subsection (a)(3);
21            (D) Arrests or charges not initiated by arrest
22        resulting in convictions, including convictions on
23        municipal ordinance violations, unless excluded by
24        subsection (a)(3);
25            (E) Arrests or charges not initiated by arrest
26        resulting in orders of first offender probation under

 

 

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

 

 

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

 

 

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1        was previously denied are eligible to be sealed under
2        paragraphs (A) through (E) of this subsection.
3        (4) Subsequent felony convictions. A person may not
4    have subsequent felony conviction records sealed as
5    provided in this subsection (c) if he or she is convicted
6    of any felony offense after the date of the sealing of
7    prior felony convictions as provided in this subsection
8    (c). The court may, upon conviction for a subsequent
9    felony offense, order the unsealing of prior felony
10    conviction records previously ordered sealed by the court.
11        (5) Notice of eligibility for sealing. Upon entry of a
12    disposition for an eligible record under this subsection
13    (c), the petitioner shall be informed by the court of the
14    right to have the records sealed and the procedures for
15    the sealing of the records.
16    (d) Procedure. The following procedures apply to
17expungement under subsections (b), (e), and (e-6) and sealing
18under subsections (c) and (e-5):
19        (1) Filing the petition. Upon becoming eligible to
20    petition for the expungement or sealing of records under
21    this Section, the petitioner shall file a petition
22    requesting the expungement or sealing of records with the
23    clerk of the court where the arrests occurred or the
24    charges were brought, or both. If arrests occurred or
25    charges were brought in multiple jurisdictions, a petition
26    must be filed in each such jurisdiction. The petitioner

 

 

HB3258- 19 -LRB102 14625 RLC 19978 b

1    shall pay the applicable fee, except no fee shall be
2    required if the petitioner has obtained a court order
3    waiving fees under Supreme Court Rule 298 or it is
4    otherwise waived.
5        (1.5) County fee waiver pilot program. From August 9,
6    2019 (the effective date of Public Act 101-306) through
7    December 31, 2020, in a county of 3,000,000 or more
8    inhabitants, no fee shall be required to be paid by a
9    petitioner if the records sought to be expunged or sealed
10    were arrests resulting in release without charging or
11    arrests or charges not initiated by arrest resulting in
12    acquittal, dismissal, or conviction when the conviction
13    was reversed or vacated, unless excluded by subsection
14    (a)(3)(B). The provisions of this paragraph (1.5), other
15    than this sentence, are inoperative on and after January
16    1, 2022.
17        (2) Contents of petition. The petition shall be
18    verified and shall contain the petitioner's name, date of
19    birth, current address and, for each arrest or charge not
20    initiated by arrest sought to be sealed or expunged, the
21    case number, the date of arrest (if any), the identity of
22    the arresting authority, and such other information as the
23    court may require. During the pendency of the proceeding,
24    the petitioner shall promptly notify the circuit court
25    clerk of any change of his or her address. If the
26    petitioner has received a certificate of eligibility for

 

 

HB3258- 20 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 21 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 22 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 23 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 24 -LRB102 14625 RLC 19978 b

1            (A) Upon entry of an order to expunge records
2        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
3                (i) the records shall be expunged (as defined
4            in subsection (a)(1)(E)) by the arresting agency,
5            the Department, and any other agency as ordered by
6            the court, within 60 days of the date of service of
7            the order, unless a motion to vacate, modify, or
8            reconsider the order is filed pursuant to
9            paragraph (12) of subsection (d) of this Section;
10                (ii) the records of the circuit court clerk
11            shall be impounded until further order of the
12            court upon good cause shown and the name of the
13            petitioner obliterated on the official index
14            required to be kept by the circuit court clerk
15            under Section 16 of the Clerks of Courts Act, but
16            the order shall not affect any index issued by the
17            circuit court clerk before the entry of the order;
18            and
19                (iii) in response to an inquiry for expunged
20            records, the court, the Department, or the agency
21            receiving such inquiry, shall reply as it does in
22            response to inquiries when no records ever
23            existed.
24            (B) Upon entry of an order to expunge records
25        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
26                (i) the records shall be expunged (as defined

 

 

HB3258- 25 -LRB102 14625 RLC 19978 b

1            in subsection (a)(1)(E)) by the arresting agency
2            and any other agency as ordered by the court,
3            within 60 days of the date of service of the order,
4            unless a motion to vacate, modify, or reconsider
5            the order is filed pursuant to paragraph (12) of
6            subsection (d) of this Section;
7                (ii) the records of the circuit court clerk
8            shall be impounded until further order of the
9            court upon good cause shown and the name of the
10            petitioner obliterated on the official index
11            required to be kept by the circuit court clerk
12            under Section 16 of the Clerks of Courts Act, but
13            the order shall not affect any index issued by the
14            circuit court clerk before the entry of the order;
15                (iii) the records shall be impounded by the
16            Department within 60 days of the date of service
17            of the order as ordered by the court, unless a
18            motion to vacate, modify, or reconsider the order
19            is filed pursuant to paragraph (12) of subsection
20            (d) of this Section;
21                (iv) records impounded by the Department may
22            be disseminated by the Department only as required
23            by law or to the arresting authority, the State's
24            Attorney, and the court upon a later arrest for
25            the same or a similar offense or for the purpose of
26            sentencing for any subsequent felony, and to the

 

 

HB3258- 26 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 27 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 28 -LRB102 14625 RLC 19978 b

1        receiving such inquiry shall reply as it does in
2        response to inquiries when no records ever existed.
3            (D) The Department shall send written notice to
4        the petitioner of its compliance with each order to
5        expunge or seal records within 60 days of the date of
6        service of that order or, if a motion to vacate,
7        modify, or reconsider is filed, within 60 days of
8        service of the order resolving the motion, if that
9        order requires the Department to expunge or seal
10        records. In the event of an appeal from the circuit
11        court order, the Department shall send written notice
12        to the petitioner of its compliance with an Appellate
13        Court or Supreme Court judgment to expunge or seal
14        records within 60 days of the issuance of the court's
15        mandate. The notice is not required while any motion
16        to vacate, modify, or reconsider, or any appeal or
17        petition for discretionary appellate review, is
18        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.

 

 

HB3258- 29 -LRB102 14625 RLC 19978 b

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
17    court clerk may charge a fee equivalent to the cost
18    associated with the sealing or expungement of records by
19    the circuit court clerk. From the total filing fee
20    collected for the petition to seal or expunge, the circuit
21    court clerk shall deposit $10 into the Circuit Court Clerk
22    Operation and Administrative Fund, to be used to offset
23    the costs incurred by the circuit court clerk in
24    performing the additional duties required to serve the
25    petition to seal or expunge on all parties. The circuit
26    court clerk shall collect and forward the Department of

 

 

HB3258- 30 -LRB102 14625 RLC 19978 b

1    State Police portion of the fee to the Department and it
2    shall be deposited in the State Police Services Fund. If
3    the record brought under an expungement petition was
4    previously sealed under this Section, the fee for the
5    expungement petition for that same 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
25    Section shall not be considered void because it fails to
26    comply with the provisions of this Section or because of

 

 

HB3258- 31 -LRB102 14625 RLC 19978 b

1    any error asserted in a motion to vacate, modify, or
2    reconsider. The circuit court retains jurisdiction to
3    determine whether the order is voidable and to vacate,
4    modify, or reconsider its terms based on a motion filed
5    under paragraph (12) of 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
9    notice of the petition must fully comply with the terms of
10    the 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
21    until there is a final order on the motion for relief or,
22    in the case of an appeal, the issuance of that court's
23    mandate.
24        (16) The changes to this subsection (d) made by Public
25    Act 98-163 apply to all petitions pending on August 5,
26    2013 (the effective date of Public Act 98-163) and to all

 

 

HB3258- 32 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 33 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 34 -LRB102 14625 RLC 19978 b

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

 

 

HB3258- 35 -LRB102 14625 RLC 19978 b

1records sealed by the Department may be disseminated by the
2Department only as required by this Act or to the arresting
3authority, a law enforcement agency, the State's Attorney, and
4the court upon a later arrest for the same or similar offense
5or for the purpose of sentencing for any subsequent felony.
6Upon conviction for any subsequent offense, the Department of
7Corrections shall have access to all expunged records of the
8Department pertaining to that individual. Upon entry of the
9order of expungement, the circuit court clerk shall promptly
10mail a copy of the order to the person who was granted the
11certificate of eligibility for expungement.
12    (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of
17the Illinois Department of Corrections, records of the
18Illinois Department of Employment Security shall be utilized
19as appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24    (g) Immediate Sealing.
25        (1) Applicability. Notwithstanding any other provision
26    of this Act to the contrary, and cumulative with any

 

 

HB3258- 36 -LRB102 14625 RLC 19978 b

1    rights to expungement or sealing of criminal records, this
2    subsection authorizes the immediate sealing of criminal
3    records of adults and of minors prosecuted as adults.
4        (2) Eligible Records. Arrests or charges not initiated
5    by arrest resulting in acquittal or dismissal with
6    prejudice, except as excluded by subsection (a)(3)(B),
7    that occur on or after January 1, 2018 (the effective date
8    of Public Act 100-282), may be sealed immediately if the
9    petition is filed with the circuit court clerk on the same
10    day and during the same hearing in which the case is
11    disposed.
12        (3) When Records are Eligible to be Immediately
13    Sealed. Eligible records under paragraph (2) of this
14    subsection (g) may be sealed immediately after entry of
15    the final disposition of a case, notwithstanding the
16    disposition of other charges in the same case.
17        (4) Notice of Eligibility for Immediate Sealing. Upon
18    entry of a disposition for an eligible record under this
19    subsection (g), the defendant shall be informed by the
20    court of his or her right to have eligible records
21    immediately sealed and the procedure for the immediate
22    sealing of these records.
23        (5) Procedure. The following procedures apply to
24    immediate sealing under this subsection (g).
25            (A) Filing the Petition. Upon entry of the final
26        disposition of the case, the defendant's attorney may

 

 

HB3258- 37 -LRB102 14625 RLC 19978 b

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

 

 

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

 

 

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1        reconsider the order denying the petition to
2        immediately seal within 60 days of service of the
3        order. If filed more than 60 days after service of the
4        order, a petition to vacate, modify, or reconsider
5        shall comply with subsection (c) of Section 2-1401 of
6        the Code of Civil Procedure.
7            (L) Effect of Order. An order granting an
8        immediate sealing petition shall not be considered
9        void because it fails to comply with the provisions of
10        this Section or because of an error asserted in a
11        motion to vacate, modify, or reconsider. The circuit
12        court retains jurisdiction to determine whether the
13        order is voidable, and to vacate, modify, or
14        reconsider its terms based on a motion filed under
15        subparagraph (L) of this subsection (g).
16            (M) Compliance with Order Granting Petition to
17        Seal Records. Unless a court has entered a stay of an
18        order granting a petition to immediately seal, all
19        parties entitled to service of the order must fully
20        comply with the terms of the order within 60 days of
21        service of the order.
22    (h) Sealing; trafficking victims.
23        (1) A trafficking victim as defined by paragraph (10)
24    of subsection (a) of Section 10-9 of the Criminal Code of
25    2012 shall be eligible to petition for immediate sealing
26    of his or her criminal record upon the completion of his or

 

 

HB3258- 40 -LRB102 14625 RLC 19978 b

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

 

 

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1    human trafficking under Section 10-9 of the Criminal Code
2    of 2012 or a severe form of trafficking under the federal
3    Trafficking Victims Protection Act.
4    (i) Minor Cannabis Offenses under the Cannabis Control
5Act.
6        (1) Expungement of Arrest Records of Minor Cannabis
7    Offenses.
8            (A) The Department of State Police and all law
9        enforcement agencies within the State shall
10        automatically expunge all criminal history records of
11        an arrest, charge not initiated by arrest, order of
12        supervision, or order of qualified probation for a
13        Minor Cannabis Offense committed prior to June 25,
14        2019 (the effective date of Public Act 101-27) if:
15                (i) One year or more has elapsed since the
16            date of the arrest or law enforcement interaction
17            documented in the records; and
18                (ii) No criminal charges were filed relating
19            to the arrest or law enforcement interaction or
20            criminal charges were filed and subsequently
21            dismissed or vacated or the arrestee was
22            acquitted.
23            (B) If the law enforcement agency is unable to
24        verify satisfaction of condition (ii) in paragraph
25        (A), records that satisfy condition (i) in paragraph
26        (A) shall be automatically expunged.

 

 

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1            (C) Records shall be expunged by the law
2        enforcement agency under the following timelines:
3                (i) Records created prior to June 25, 2019
4            (the effective date of Public Act 101-27), but on
5            or after January 1, 2013, shall be automatically
6            expunged prior to January 1, 2021;
7                (ii) Records created prior to January 1, 2013,
8            but on or after January 1, 2000, shall be
9            automatically expunged prior to January 1, 2023;
10                (iii) Records created prior to January 1, 2000
11            shall be automatically expunged prior to January
12            1, 2025.
13            In response to an inquiry for expunged records,
14        the law enforcement agency receiving such inquiry
15        shall reply as it does in response to inquiries when no
16        records ever existed; however, it shall provide a
17        certificate of disposition or confirmation that the
18        record was expunged to the individual whose record was
19        expunged if such a record exists.
20            (D) Nothing in this Section shall be construed to
21        restrict or modify an individual's right to have that
22        individual's records expunged except as otherwise may
23        be provided in this Act, or diminish or abrogate any
24        rights or remedies otherwise available to the
25        individual.
26        (2) Pardons Authorizing Expungement of Minor Cannabis

 

 

HB3258- 43 -LRB102 14625 RLC 19978 b

1    Offenses.
2            (A) Upon June 25, 2019 (the effective date of
3        Public Act 101-27), the Department of State Police
4        shall review all criminal history record information
5        and identify all records that meet all of the
6        following criteria:
7                (i) one or more convictions for a Minor
8            Cannabis Offense;
9                (ii) the conviction identified in paragraph
10            (2)(A)(i) did not include a penalty enhancement
11            under Section 7 of the Cannabis Control Act; and
12                (iii) the conviction identified in paragraph
13            (2)(A)(i) is not associated with a conviction for
14            a violent crime as defined in subsection (c) of
15            Section 3 of the Rights of Crime Victims and
16            Witnesses Act.
17            (B) Within 180 days after June 25, 2019 (the
18        effective date of Public Act 101-27), the Department
19        of State Police shall notify the Prisoner Review Board
20        of all such records that meet the criteria established
21        in paragraph (2)(A).
22                (i) The Prisoner Review Board shall notify the
23            State's Attorney of the county of conviction of
24            each record identified by State Police in
25            paragraph (2)(A) that is classified as a Class 4
26            felony. The State's Attorney may provide a written

 

 

HB3258- 44 -LRB102 14625 RLC 19978 b

1            objection to the Prisoner Review Board on the sole
2            basis that the record identified does not meet the
3            criteria established in paragraph (2)(A). Such an
4            objection must be filed within 60 days or by such
5            later date set by the Prisoner Review Board in the
6            notice after the State's Attorney received notice
7            from the Prisoner Review Board.
8                (ii) In response to a written objection from a
9            State's Attorney, the Prisoner Review Board is
10            authorized to conduct a non-public hearing to
11            evaluate the information provided in the
12            objection.
13                (iii) The Prisoner Review Board shall make a
14            confidential and privileged recommendation to the
15            Governor as to whether to grant a pardon
16            authorizing expungement for each of the records
17            identified by the Department of State Police as
18            described in paragraph (2)(A).
19            (C) If an individual has been granted a pardon
20        authorizing expungement as described in this Section,
21        the Prisoner Review Board, through the Attorney
22        General, shall file a petition for expungement with
23        the Chief Judge of the circuit or any judge of the
24        circuit designated by the Chief Judge where the
25        individual had been convicted. Such petition may
26        include more than one individual. Whenever an

 

 

HB3258- 45 -LRB102 14625 RLC 19978 b

1        individual who has been convicted of an offense is
2        granted a pardon by the Governor that specifically
3        authorizes expungement, an objection to the petition
4        may not be filed. Petitions to expunge under this
5        subsection (i) may include more than one individual.
6        Within 90 days of the filing of such a petition, the
7        court shall enter an order expunging the records of
8        arrest from the official records of the arresting
9        authority and order that the records of the circuit
10        court clerk and the Department of State Police be
11        expunged and the name of the defendant obliterated
12        from the official index requested to be kept by the
13        circuit court clerk under Section 16 of the Clerks of
14        Courts Act in connection with the arrest and
15        conviction for the offense for which the individual
16        had received a pardon but the order shall not affect
17        any index issued by the circuit court clerk before the
18        entry of the order. Upon entry of the order of
19        expungement, the circuit court clerk shall promptly
20        provide a copy of the order and a certificate of
21        disposition to the individual who was pardoned to the
22        individual's last known address or by electronic means
23        (if available) or otherwise make it available to the
24        individual upon request.
25            (D) Nothing in this Section is intended to
26        diminish or abrogate any rights or remedies otherwise

 

 

HB3258- 46 -LRB102 14625 RLC 19978 b

1        available to the individual.
2        (3) Any individual may file a motion to vacate and
3    expunge a conviction for a misdemeanor or Class 4 felony
4    violation of Section 4 or Section 5 of the Cannabis
5    Control Act. Motions to vacate and expunge under this
6    subsection (i) may be filed with the circuit court, Chief
7    Judge of a judicial circuit or any judge of the circuit
8    designated by the Chief Judge. The circuit court clerk
9    shall promptly serve a copy of the motion to vacate and
10    expunge, and any supporting documentation, on the State's
11    Attorney or prosecutor charged with the duty of
12    prosecuting the offense. When considering such a motion to
13    vacate and expunge, a court shall consider the following:
14    the reasons to retain the records provided by law
15    enforcement, the petitioner's age, the petitioner's age at
16    the time of offense, the time since the conviction, and
17    the specific adverse consequences if denied. An individual
18    may file such a petition after the completion of any
19    non-financial sentence or non-financial condition imposed
20    by the conviction. Within 60 days of the filing of such
21    motion, a State's Attorney may file an objection to such a
22    petition along with supporting evidence. If a motion to
23    vacate and expunge is granted, the records shall be
24    expunged in accordance with subparagraphs (d)(8) and
25    (d)(9)(A) of this Section. An agency providing civil legal
26    aid, as defined by Section 15 of the Public Interest

 

 

HB3258- 47 -LRB102 14625 RLC 19978 b

1    Attorney Assistance Act, assisting individuals seeking to
2    file a motion to vacate and expunge under this subsection
3    may file motions to vacate and expunge with the Chief
4    Judge of a judicial circuit or any judge of the circuit
5    designated by the Chief Judge, and the motion may include
6    more than one individual. Motions filed by an agency
7    providing civil legal aid concerning more than one
8    individual may be prepared, presented, and signed
9    electronically.
10        (4) Any State's Attorney may file a motion to vacate
11    and expunge a conviction for a misdemeanor or Class 4
12    felony violation of Section 4 or Section 5 of the Cannabis
13    Control Act. Motions to vacate and expunge under this
14    subsection (i) may be filed with the circuit court, Chief
15    Judge of a judicial circuit or any judge of the circuit
16    designated by the Chief Judge, and may include more than
17    one individual. Motions filed by a State's Attorney
18    concerning more than one individual may be prepared,
19    presented, and signed electronically. When considering
20    such a motion to vacate and expunge, a court shall
21    consider the following: the reasons to retain the records
22    provided by law enforcement, the individual's age, the
23    individual's age at the time of offense, the time since
24    the conviction, and the specific adverse consequences if
25    denied. Upon entry of an order granting a motion to vacate
26    and expunge records pursuant to this Section, the State's

 

 

HB3258- 48 -LRB102 14625 RLC 19978 b

1    Attorney shall notify the Prisoner Review Board within 30
2    days. Upon entry of the order of expungement, the circuit
3    court clerk shall promptly provide a copy of the order and
4    a certificate of disposition to the individual whose
5    records will be expunged to the individual's last known
6    address or by electronic means (if available) or otherwise
7    make available to the individual upon request. If a motion
8    to vacate and expunge is granted, the records shall be
9    expunged in accordance with subparagraphs (d)(8) and
10    (d)(9)(A) of this Section.
11        (5) In the public interest, the State's Attorney of a
12    county has standing to file motions to vacate and expunge
13    pursuant to this Section in the circuit court with
14    jurisdiction over the underlying conviction.
15        (6) If a person is arrested for a Minor Cannabis
16    Offense as defined in this Section before June 25, 2019
17    (the effective date of Public Act 101-27) and the person's
18    case is still pending but a sentence has not been imposed,
19    the person may petition the court in which the charges are
20    pending for an order to summarily dismiss those charges
21    against him or her, and expunge all official records of
22    his or her arrest, plea, trial, conviction, incarceration,
23    supervision, or expungement. If the court determines, upon
24    review, that: (A) the person was arrested before June 25,
25    2019 (the effective date of Public Act 101-27) for an
26    offense that has been made eligible for expungement; (B)

 

 

HB3258- 49 -LRB102 14625 RLC 19978 b

1    the case is pending at the time; and (C) the person has not
2    been sentenced of the minor cannabis violation eligible
3    for expungement under this subsection, the court shall
4    consider the following: the reasons to retain the records
5    provided by law enforcement, the petitioner's age, the
6    petitioner's age at the time of offense, the time since
7    the conviction, and the specific adverse consequences if
8    denied. If a motion to dismiss and expunge is granted, the
9    records shall be expunged in accordance with subparagraph
10    (d)(9)(A) of this Section.
11        (7) A person imprisoned solely as a result of one or
12    more convictions for Minor Cannabis Offenses under this
13    subsection (i) shall be released from incarceration upon
14    the issuance of an order under this subsection.
15        (8) The Department of State Police shall allow a
16    person to use the access and review process, established
17    in the Department of State Police, for verifying that his
18    or her records relating to Minor Cannabis Offenses of the
19    Cannabis Control Act eligible under this Section have been
20    expunged.
21        (9) No conviction vacated pursuant to this Section
22    shall serve as the basis for damages for time unjustly
23    served as provided in the Court of Claims Act.
24        (10) Effect of Expungement. A person's right to
25    expunge an expungeable offense shall not be limited under
26    this Section. The effect of an order of expungement shall

 

 

HB3258- 50 -LRB102 14625 RLC 19978 b

1    be to restore the person to the status he or she occupied
2    before the arrest, charge, or conviction.
3        (11) Information. The Department of State Police shall
4    post general information on its website about the
5    expungement process described in this subsection (i).
6(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
7100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
88-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
9eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
10101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1112-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)