HB4527 102ND GENERAL ASSEMBLY

LRB102 22626 RLC 31769 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4527

Introduced 1/21/2022, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 2630/5.2
730 ILCS 5/5-9-1	from Ch. 38, par. 1005-9-1
730 ILCS 5/5-9-2	from Ch. 38, par. 1005-9-2
730 ILCS 5/5-9-3 rep.

Creates the Second Chance State Reimagined Justice Act. Contains declarations and findings. Provides that the clerk of the circuit court shall provide an arraigned defendant with written information about the Reimagined Justice Program, sets forth criteria for participation in a Program, and provides that, if an eligible defendant consents to participation in a Program, a pretrial navigator assigned to the eligible defendant shall create a proposed Program. Specifies the contents of a proposed Reimagined Justice Program. Provides that the court shall conduct a hearing on the eligible defendant's proposed Reimagined Justice Program. Provides for procedure and matters to be considered at the hearing and for the approval, modification, or rejection of the proposed Reimagined Justice Program. Provides for the implementation and completion of the Reimagined Justice Program or for the resumption of criminal proceedings under specified circumstances. Provides that the Department of Returning Resident Affairs shall annually report on the efficacy of the Reimagined Justice Program. Amends the Criminal Identification Act. Provides for the immediate expungement of certain records under specified circumstances. Amends the Fines Article of the Unified Code of Corrections. In provisions regarding the determination of the amount and method of payment of a fine, adds criteria to be considered by the court and applies specified provisions to restitution. Adds provisions regarding collection of fines and restitution and the revocation of a fine or restitution. Repeals a Section providing that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons or a warrant of arrest. Contains provisions regarding severability and other matters. Effective immediately, but certain provisions do not take effect at all unless another Act becomes law.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Second Chance State Reimagined Justice Act.

Section 5. Legislative declarations and findings. The General Assembly finds and declares that:

(1) It is in the best interests of the people of Illinois to move from our failed response to crime, which prioritizes incarceration for the purpose of imposing punishment and creating deterrence.

(2) The intolerable 41% recidivism rate in Illinois, with a cost of over $151,000 for each recidivism event, 39% rate of formerly incarcerated individuals being re-arrested for a violent crime within 9 years of release and 83% rate of homicide offenders in Illinois having arrest or conviction records are but a few of the indicators that Illinois' response to crime is not working.

(3) It is in the best interests of all Illinois citizens for the State to reduce the cost of recidivism by moving from this failed approach. It is therefore in the best interests of all Illinois citizens for the State to create a comprehensive, coordinated, and holistic program that:

(A) will result in the rehabilitation of defendants in criminal proceedings through reconciliation with their victims and the community at large;

(B) addresses the social determinants which precipitated the defendants' commission of the offenses with which they are charged; and

(C) places defendants in a position where it is unlikely that they will commit a future criminal offense.

(4) The enactment of this Act will accomplish these goals.

Section 10. Definitions. As used in this Act:

"Eligible defendant" means any defendant in a criminal proceeding pending in any State court in which:

(1) the defendant has not previously participated in an alternative prosecution program similar to the Program and which was conducted by any governmental entity in any State or federal territory;

(2) the offense which the defendant is alleged in the pending criminal proceeding to have committed was not committed while the defendant was on bond, under the supervision of a court, on conditional discharge or subject to similar conditions;

(3) the defendant has not been convicted of committing another criminal offense since the defendant filed or otherwise advised a court of the defendant's request to participate in the Reimagined Justice Program under this Act.

"Pretrial navigator" means a pretrial navigator employed by a hub site operator under the Department of Returning Resident Affairs Act.

"Program" means the Reimagined Justice Program authorized by this Act.

Section 15. Arraignment requirements. Simultaneously with a defendant's arraignment in a criminal proceeding, the clerk of the circuit court in which that proceeding is pending shall provide the defendant with written information about the Reimagined Justice Program. That written information shall include, without limitation, a description of the Program, criteria for eligibility to participate in the Program, Program benefits, requirements, and deadlines, timelines for participation in the Program, and a form pursuant to which the defendant consents to participation in the Program. That consent shall include, without limitation, the defendant's consent to a pretrial navigator's collaboration with the defendant's family, counselors, teachers and law enforcement, the State's Attorney, and such other persons as the pretrial navigator deems necessary to create the proposed Reimagined Justice Program, all as described in this Act. That written information shall also include the following statement printed in 16 point or larger bold type:

You have the right to be represented by an attorney throughout your participation in a Reimagined Justice Program. Your participation in a Reimagined Justice Program will require you to waive your right to a preliminary hearing on the criminal offense that has been charged against you. You should consult with an attorney to determine how that waiver will impact you. If you fail to comply with the requirements of the Reimagined Justice Program that has been approved by the court, the court may proceed to a trial of your case.

Each clerk of the circuit court shall have copies of such information written in English, Spanish, and Polish and may have copies written in other languages, and shall attempt to provide the defendant with a copy written in a language that the defendant understands.

Section 20. Procedure for participation in Reimagined Justice Program. Any eligible defendant may participate in a Reimagined Justice Program under this Act if the eligible defendant files a written consent to participation in that Program with the court in which the eligible defendant's criminal proceeding is pending within 120 days after the eligible defendant's arraignment in that criminal proceeding. The consent shall be filed using a standardized form that the clerk of each circuit court shall make available to eligible defendants without charge. The consent may also be filed in any other form reasonably acceptable to the court in which the eligible defendant's criminal proceeding is pending. The eligible defendant shall serve a copy of the consent upon the State's Attorney who is prosecuting the pending criminal proceeding against the eligible defendant. That State's Attorney shall serve a copy of that consent upon any complaining witnesses in the proceeding. There shall be no charge to or fee required from an eligible defendant for requesting participation or participating in a Reimagined Justice Program.

Section 25. Prehearing proceedings.

(a) Upon an eligible defendant's filing of a consent to participation in a Reimagined Justice Program, the court shall set a date for a hearing on the eligible defendant's proposed Reimagined Justice Program. The date of that hearing shall be not less than 120 days after the filing of the consent, but the hearing date may be continued for good cause. All other proceedings in the prosecution of the eligible defendant shall be stayed pending the disposition of the hearing on the eligible defendant's proposed Reimagined Justice Program; however, discovery shall continue in accordance with existing rules and the hearing date shall be vacated and the prosecution shall proceed as otherwise required by law if the eligible defendant becomes ineligible to participate in a Reimagined Justice Program prior to the hearing.

(b) The clerk of the circuit court for the court in which the eligible defendant's criminal proceeding is pending shall electronically transmit a copy of the eligible defendant's consent to participation in a Reimagined Justice Program to the Department of Returning Resident Affairs within 5 business days after the request is filed. The Department shall electronically transmit a copy of the consent to the hub site operated under the Second Chance State Program that serves the area in which the eligible defendant resides within 48 hours of that Department's receipt of the request. The hub site operator for that hub site shall then assign a pretrial navigator to the eligible defendant and the pretrial navigator shall use best efforts to attempt to contact the eligible defendant within 48 hours after the hub site operator receives the request. The pretrial navigator's failure to make such contact within 48 hours shall not negatively impact an eligible defendant.

Section 30. Proposed Reimagined Justice Program.

(a) The pretrial navigator assigned to the eligible defendant shall create a written proposed Reimagined Justice Program for the eligible defendant that includes components that will:

(1) result in the rehabilitation of the eligible defendant through reconciliation with the eligible defendant's victims and the community at large;

(2) address the social determinants that precipitated the eligible defendant's commission of the charged offense at issue in the eligible defendant's pending criminal proceeding; and

(3) place the eligible defendant in a position where it is unlikely that the eligible defendant will commit a future criminal offense.

The proposed Reimagined Justice Program shall include a completion date, which shall be the date when the eligible defendant shall be considered to have successfully completed the Program and shall thereafter no longer be subject to it if the eligible defendant has complied with its terms and conditions. Those components may, but shall not be required to, include completing educational or job training programming, finding or maintaining employment or safe housing, apologizing and providing restitution to victims, obtaining substance abuse or mental health counseling, and maintaining sobriety. The pretrial navigator shall collaborate with the eligible defendant and the eligible defendant's victims and community members and may collaborate with the eligible defendant's family, counselors, teachers and law enforcement, the State's Attorney, and such other persons as the pretrial navigator deems necessary to create the proposed Reimagined Justice Program.

(b) Not less than 30 days before the date set for hearing on the approval of the eligible defendant's Reimagined Justice Program, the pretrial navigator shall cause copies of the proposed Reimagined Justice Agreement to be:

(1) filed in the eligible defendant's pending criminal proceeding;

(2) served upon the eligible defendant, any complaining witnesses in the criminal proceeding, and the State's Attorney prosecuting the eligible defendant's criminal proceeding; and

(3) tendered to the judge who will conduct the hearing on the eligible defendant's proposed Reimagined Justice Program.

(c) The State's Attorney prosecuting the eligible defendant's criminal proceeding shall file any response it has to the proposed Reimagined Justice Program within 14 days after service of the proposed Reimagined Justice Program on the State's Attorney. That response shall also include the identities of all witnesses the State's Attorney will call at the hearing on the proposed Reimagined Justice Program, a description of the testimony that each of those witnesses is expected to provide, copies of all statements, reports, or opinions those witnesses have provided to the State's Attorney regarding the proposed Reimagined Justice Program, copies of all other statements, reports, or opinions in the State's Attorney's possession or control regarding the proposed Reimagined Justice Program and copies of all exhibits the State's Attorney will be offering into the record at the hearing on the proposed Reimagined Justice Program. The State's Attorney shall also provide a description of any testimony that any complaining witnesses in the criminal proceeding or the eligible defendant's victims intend to make at the hearing on the proposed Reimagined Justice Program. Any matters the State's Attorney has in opposition to or pertaining to the modification of the proposed Reimagined Justice Program that are not raised in that response shall be waived. The State's Attorney shall be barred from:

(1) calling any witnesses who were not disclosed in that response;

(2) eliciting testimony from a witness other than testimony that was disclosed for that witness in that response; and

(3) seeking the admission of exhibits that were not provided to the eligible defendant as part of that response.

Section 35. Hearing on the proposed Reimagined Justice Program.

(a) Standards for approval, modification, or rejection of the proposed Reimagined Justice Program and presumptions. The court's determination to approve, modify, or reject the eligible defendant's proposed Reimagined Justice Program shall be solely based upon evidence of what actions are reasonably necessary to:

(1) result in the rehabilitation of the eligible defendant through reconciliation with the eligible defendant's victims and the community at large;

(2) address the social determinants that precipitated the eligible defendant's commission of the charged offense at issue in the eligible defendant's pending criminal proceeding; and

(3) place the eligible defendant in a position in which it is unlikely that the eligible defendant will commit a future criminal offense.

Evidence regarding other matters, including, without limitation, punishment or deterrence, shall be irrelevant to the court's determination to approve, modify, or reject the eligible defendant's proposed Reimagined Justice Program. The proposed Reimagined Justice Program filed by the pretrial navigator shall be presumed to meet the standards for approval. The State's Attorney shall have the burden of rebutting that presumption. That presumption shall only be rebutted by clear and convincing evidence to the contrary. The court shall liberally construe the provisions of this Act and the evidence presented to the court in favor of approving the proposed Reimagined Justice Program filed by the pretrial navigator.

(b) At the hearing on the proposed Reimagined Justice Program, the court shall hear any relevant testimony that any complaining witnesses in the criminal proceeding or the eligible defendant's victims wish to provide, in addition to relevant testimony and evidence offered by the eligible defendant, pretrial navigator, and witnesses for the eligible defendant and State's Attorney. After the conclusion of the hearing, the court shall enter a written order approving, modifying, or rejecting the proposed Reimagined Justice Program. The order shall also include the court's reasons for approving, modifying, or rejecting the proposed Reimagined Justice Program. Any order approving or modifying the proposed Reimagined Justice Program shall also include, among other provisions:

(1) The condition that the order shall only be in full force and effect if, within 14 days after the eligible defendant is served with the order, the eligible defendant files a waiver of the eligible defendant's right to a preliminary hearing in the criminal proceeding pending against the eligible defendant;

(2) A completion date, which shall be the date when the eligible defendant shall be considered to have successfully completed the Program and shall thereafter no longer be subject to it if the eligible defendant has complied with its terms and conditions.

Section 40. Post-hearing proceedings.

(a) Resumption of criminal proceeding. The criminal proceeding against the eligible defendant shall proceed as otherwise provided by law if either of the following occurs:

(1) the eligible defendant withdraws the eligible defendant's consent to participate in the Program;

(2) the court orders the rejection of the proposed Reimagined Justice Program; or

(3) the court enters an order approving or modifying the proposed Reimagined Justice Program and the eligible defendant fails to file a waiver of the eligible defendant's right to a preliminary hearing in the criminal proceeding pending against the eligible defendant within 14 days after the eligible defendant is served with that order.

(b) Implementation of the Reimagined Justice Program. The Reimagined Justice Program set forth in the court's order shall be in full force and effect upon the eligible defendant's filing of a waiver of the eligible defendant's right to a preliminary hearing in the criminal proceeding pending against the eligible defendant. The eligible defendant shall have the right to withdraw the eligible defendant's consent to participate in the Program at any time before that order is in full force and effect. After the Reimagined Justice Program set forth in the court's order is in full force and effect:

(1) The court shall set a schedule for the court to hear a status report from the eligible defendant and the pretrial navigator on the eligible defendant's progress toward compliance with the Reimagined Justice Program, with such hearings occurring no less than every 90 days. At each such hearing, all evidence of the eligible defendant's compliance and noncompliance with the Reimagined Justice Program and the pretrial navigator's efforts to bring the eligible defendant into compliance with the Program when the eligible defendant has been noncompliant. That evidence shall be presented by the pretrial navigator to the court and shall be set forth in detail in a verified written report by the pretrial navigator. The pretrial navigator shall file a copy of that report with the court and shall serve it upon the eligible defendant in open court and upon the State's Attorney;

(2) The pretrial navigator shall monitor and use best efforts to assist with the eligible defendant's compliance with the Reimagined Justice Program and bring the eligible defendant into compliance with the Program if the eligible defendant has been noncompliant. The eligible defendant shall be in contact with and provide the pretrial navigator with such information as the pretrial navigator deems reasonably necessary for that purpose.

(c) Subsequent conviction. The order setting forth an eligible defendant's Reimagined Justice Program shall be vacated and the criminal proceeding pending against the eligible defendant shall proceed as otherwise provided by law if the eligible defendant is convicted of committing another felony offense after that order is entered.

(d) Completion.

(1) State's Attorney and pretrial navigator reports on compliance. Not more than 14 days after the completion date provided in the order setting forth the Reimagined Justice Program, the State's Attorney and pretrial navigator shall file their individual written reports with the court in which the eligible defendant's criminal proceeding are pending. Those reports shall state the State's Attorney's and pretrial navigator's opinion on whether the eligible defendant complied with the Reimagined Justice Program set forth in the court's order. Those reports shall also include detailed facts and other relevant information to support those opinions. The State's Attorney and the pretrial navigator shall serve copies of their reports on the eligible defendant.

(2) Probable cause hearing. If the reports of the State's Attorney or the pretrial navigator required under paragraph (1) state that the eligible defendant failed to comply with the order setting forth the Reimagined Justice Program, the eligible defendant shall have 30 days after the eligible defendant's receipt of those reports to file a response to them. The court shall consider the reports, the eligible defendant's response, and any oral arguments it deems necessary to hear to determine whether there is probable cause to believe that the eligible defendant failed to comply with the order setting forth the Reimagined Justice Program.

(3) Compliance hearing.

(A) The court shall schedule an evidentiary hearing on the issue of the eligible defendant's compliance with the order setting forth the Reimagined Justice Program if the court determines that there is probable cause to believe that the eligible defendant failed to comply with the order setting forth the Reimagined Justice Program. That hearing shall not be convened for at least 30 days after the eligible defendant receives notice of the court's probable cause determination. The hearing may be continued for good cause.

(B) Not less than 14 days before the evidentiary hearing described in subparagraph (A):

(i) the pretrial navigator shall provide the eligible defendant with a description of the testimony the pretrial navigator expects to provide at that hearing and copies of all files and other documents in the pretrial navigator's possession or control that pertain to the eligible defendant; and

(ii) the State's Attorney shall provide the eligible defendant with the identities of all witnesses the State's Attorney will call at that hearing, a description of the testimony that each of those witnesses is expected to provide, copies of all statements, reports, or opinions those witnesses have provided to the State's Attorney regarding the matters at issue in that hearing, copies of all other statements, reports, or opinions in the State's Attorney's possession or control regarding the matters at issue in that hearing, and copies of all exhibits the State's Attorney will be offering into the record at that hearing.

(C) The pretrial navigator shall be barred from testifying about any matters that have not been disclosed to the eligible defendant under item (i) of subparagraph (B). The State's Attorney shall be barred from:

(i) calling any witnesses who were not disclosed to the eligible defendant pursuant to item (ii) of subparagraph (B);

(ii) eliciting testimony from a witness other than testimony that was disclosed for that witness under item (ii) of subparagraph (B); and

(iii) seeking the admission of exhibits that were not provided to the eligible defendant under item (ii) of subparagraph (B).

(D) The State's Attorney or pretrial navigator who alleged that the eligible defendant has failed to comply with the order setting forth the Reimagined Justice Program has the burden of proving that the eligible defendant so failed to comply. That burden shall only be satisfied with the admission of clear and convincing evidence.

(E) The court shall consider the relevant testimony and other evidence admitted during the hearing to determine whether the eligible defendant complied with the Reimagined Justice Program set forth in the court's order. If the court determines that clear and convincing evidence demonstrates that the eligible defendant failed to comply with the Reimagined Justice Program, the eligible defendant's criminal proceeding shall proceed in accordance with applicable law. The eligible defendant's participation in and failure to comply with the Reimagined Justice Program shall not otherwise be considered by the court or presented to any jury in the criminal proceeding against the eligible defendant.

(4) Post-compliance. If either: (i) the State's Attorney and pretrial navigator report that the eligible defendant has complied with the Reimagined Justice Program set forth in the court's order; or (ii) the court determined under paragraph (d)(2) that there is not probable cause to believe that the eligible defendant failed to comply with the order setting forth the Reimagined Justice Program; or (iii) the court determines that clear and convincing evidence of the eligible defendant's failure to comply with that order was not presented at the hearing described in paragraph (3), then:

(A) the criminal proceeding pending against the eligible defendant shall be dismissed nunc pro tunc to the earlier of the date the complaint, information, or indictment in that proceeding was filed; and

(B) all records pertaining to the proceeding shall be expunged in accordance with the Criminal Identification Act within 60 days thereafter without need for further action by the eligible defendant or the court, including, without limitation, arrest records, law enforcement records (including, without limitation, records of the arresting agency and the Illinois State Police), investigatory records, the State's Attorney's records, records maintained by the clerk of the circuit court that indicate the existence of the proceeding, and all filings in the criminal proceeding that were pending against the eligible defendant.

Section 45. Reporting. The Department of Returning Resident Affairs shall annually report on the efficacy of the Program to the Governor and General Assembly and make that report available on its website. That report shall include, without limitation, data showing the following for the reporting period:

(1) Number of eligible defendants who: (A) requested participation in the Program; (B) were denied participation in the Program due to ineligibility; (C) had a proposed Reimagined Justice Program granted; (D) had a proposed Reimagined Justice Program modified; (E) had a proposed Reimagined Justice Program rejected; (F) entered guilty pleas pursuant to the Program; (G) failed to enter guilty pleas pursuant to the Program; (H) successfully completed the Program; (I) failed to successfully complete the Program; and (J) recidivated after successfully completing the Program.

(2)(A) Criminal offenses for which eligible defendants have been charged; (B) the number of Program participants at each hub site; (C) basic components of proposed and final Reimagined Justice Programs; (D) the nature of modifications to proposed Reimagined Justice Programs; and (E) the operating costs of the Program.

Pretrial navigators and the Illinois Department of Corrections shall provide the Department of Returning Resident Affairs with such information as is necessary for the Department of Returning Resident Affairs to compile these reports.

Section 50. Provisions of Act mandatory. Subject only to appropriation, the provisions of this Act are mandatory and shall not be considered to be directory or discretionary.

Section 905. The Criminal Identification Act is amended by changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

Sec. 5.2. Expungement, sealing, and immediate sealing.

(a) General Provisions.

(1) Definitions. In this Act, words and phrases have the meanings set forth in this subsection, except when a particular context clearly requires a different meaning.

(A) The following terms shall have the meanings ascribed to them in the following Sections of the Unified Code of Corrections, 730 ILCS 5/5-1-2 through 5/5-1-22:

(i) Business Offense, Section 5-1-2. (730 ILCS 5/5-1-2),

(ii) Charge, Section 5-1-3. (730 ILCS 5/5-1-3),

(iii) Court, Section 5-1-6. (730 ILCS 5/5-1-6),

(iv) Defendant, Section 5-1-7. (730 ILCS 5/5-1-7),

(v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),

(vi) Imprisonment, Section 5-1-10. (730 ILCS 5/5-1-10),

(vii) Judgment, Section 5-1-12. (730 ILCS 5/5-1-12),

(viii) Misdemeanor, Section 5-1-14. (730 ILCS 5/5-1-14),

(ix) Offense, Section 5-1-15. (730 ILCS 5/5-1-15),

(x) Parole, Section 5-1-16. (730 ILCS 5/5-1-16),

(xi) Petty Offense, Section 5-1-17. (730 ILCS 5/5-1-17),

(xii) Probation, Section 5-1-18. (730 ILCS 5/5-1-18),

(xiii) Sentence, Section 5-1-19. (730 ILCS 5/5-1-19),

(xiv) Supervision, Section 5-1-21. (730 ILCS 5/5-1-21), and

(xv) Victim, Section 5-1-22. (730 ILCS 5/5-1-22).

(B) As used in this Section, "charge not initiated by arrest" means a charge (as defined by Section 5-1-3 of the Unified Code of Corrections 730 ILCS 5/5-1-3) brought against a defendant where the defendant is not arrested prior to or as a direct result of the charge.

(C) "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. An order of supervision successfully completed by the petitioner is not a conviction. An order of qualified probation (as defined in subsection (a)(1)(J)) successfully completed by the petitioner is not a conviction. An order of supervision or an order of qualified probation that is terminated unsatisfactorily is a conviction, unless the unsatisfactory termination is reversed, vacated, or modified and the judgment of conviction, if any, is reversed or vacated.

(D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)). As used in this Section, a minor traffic offense (as defined in subsection (a)(1)(G)) shall not be considered a criminal offense.

(E) "Expunge" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both. Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and (d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means the sentence, order of supervision, or order of qualified probation (as defined by subsection (a)(1)(J)), for a criminal offense (as defined by subsection (a)(1)(D)) that terminates last in time in any jurisdiction, regardless of whether the petitioner has included the criminal offense for which the sentence or order of supervision or qualified probation was imposed in his or her petition. If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.

(G-5) "Minor Cannabis Offense" means a violation of Section 4 or 5 of the Cannabis Control Act concerning not more than 30 grams of any substance containing cannabis, provided the violation did not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.

(H) "Municipal ordinance violation" means an offense defined by a municipal or local ordinance that is criminal in nature and with which the petitioner was charged or for which the petitioner was arrested and released without charging.

(I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under this Section.

(J) "Qualified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions existed before their deletion by Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act. For the purpose of this Section, "successful completion" of an order of qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Substance Use Disorder Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated.

(K) "Seal" means to physically and electronically maintain the records, unless the records would otherwise be destroyed due to age, but to make the records unavailable without a court order, subject to the exceptions in Sections 12 and 13 of this Act. The petitioner's name shall also be obliterated from the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but any index issued by the circuit court clerk before the entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor" includes, but is not limited to, the offenses of indecent solicitation of a child or criminal sexual abuse when the victim of such offense is under 18 years of age.

(M) "Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this Section. A sentence is terminated notwithstanding any outstanding financial legal obligation.

(2) Minor Traffic Offenses. Orders of supervision or convictions for minor traffic offenses shall not affect a petitioner's eligibility to expunge or seal records pursuant to this Section.

(2.5) Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the law enforcement agency issuing the citation shall automatically expunge, on or before January 1 and July 1 of each year, the law enforcement records of a person found to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the law enforcement agency's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for that offense. The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the court records of a person found in the circuit court to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the clerk's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for any of those offenses.

(3) Exclusions. Except as otherwise provided in subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) of this Section, the court shall not order:

(A) the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of: (i) any sexual offense committed against a minor; (ii) Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance; or (iii) Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, unless the arrest or charge is for a misdemeanor violation of subsection (a) of Section 11-503 or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance.

(B) the sealing or expungement of records of minor traffic offenses (as defined in subsection (a)(1)(G)), unless the petitioner was arrested and released without charging.

(C) the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for the following offenses:

(i) offenses included in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a local ordinance, except Section 11-14 and a misdemeanor violation of Section 11-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 26-5, or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(iii) Sections 12-3.1 or 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 125 of the Stalking No Contact Order Act, or Section 219 of the Civil No Contact Order Act, or a similar provision of a local ordinance;

(iv) Class A misdemeanors or felony offenses under the Humane Care for Animals Act; or

(v) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act.

(D) (blank).

(b) Expungement.

(1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (i) acquittal, dismissal, or the petitioner's release without charging, unless excluded by subsection (a)(3)(B); (ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B); (iii) an order of supervision and such supervision was successfully completed by the petitioner, unless excluded by subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of qualified probation (as defined in subsection (a)(1)(J)) and such probation was successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of arrest expunged under this Section, and the offender has been convicted of a criminal offense, the State's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest.

(2) Time frame for filing a petition to expunge.

(A) When the arrest or charge not initiated by arrest sought to be expunged resulted in an acquittal, dismissal, the petitioner's release without charging, or the reversal or vacation of a conviction, there is no waiting period to petition for the expungement of such records.

(B) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of supervision, successfully completed by the petitioner, the following time frames will apply:

(i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or under Section 11-1.50, 12-3.2, or 12-15 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance, shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the supervision.

(i-5) Those arrests or charges that resulted in orders of supervision for a misdemeanor violation of subsection (a) of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance shall not be eligible for expungement until the petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in orders of supervision for any other offenses shall not be eligible for expungement until 2 years have passed following the satisfactory termination of the supervision.

(C) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of qualified probation, successfully completed by the petitioner, such records shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the probation.

(D) Immediate expungement.

(i) Applicability. Notwithstanding any other provision of law and cumulative with any rights to expungement or sealing of criminal records, this subparagraph (D) authorizes immediate expungement of arrests or charges not initiated by arrest resulting in an acquittal, dismissal, the petitioner's release without charging, or the reversal or vacation of a conviction.

(ii) When records are eligible to be immediately expunged. Records eligible to be expunged under subdivision (i) of this subparagraph (D) may be expunged immediately after entry of the final disposition of a case.

(iii) Procedure.

(aa) Filing the petition. A petition for the immediate expungement of records under subdivision (i) of this subparagraph (D) may be filed with the circuit court clerk during the hearing in which the final disposition of the case is entered and heard instanter. The defendant may also file a petition for immediate expungement and set the petition for hearing on the date in which the final disposition of the case is anticipated. The defendant may also file a petition for expungement at any other time after the final disposition of the case.

(bb) Contents of the petition. The petition for the immediate expungement of records under subdivision (i) of this subparagraph (D) shall be verified and shall contain the petitioner's name, date of birth, current address, and, for each eligible record, the case number, the date of the arrest if applicable, the identity of the arresting authority if applicable, and other information the court may require.

(cc) Service of petition. A copy of the petition for the immediate expungement of records under subdivision (i) of this subparagraph (D) shall be served on the State's Attorney in open court. The petitioner shall not be required to serve a copy of the petition on any other agency.

(dd) Hearing and entry of order. The presiding trial judge shall enter an order granting or denying the petition for the immediate expungement of records under subdivision (i) of this subparagraph (D) during any hearing in which that petition is filed, including, without limitation, the hearing in which the final disposition of the case is entered. A petition for the immediate expungement of records under subdivision (i) of this subparagraph (D) that was filed at a time other than during a hearing shall be set for hearing by the presiding trial judge and the presiding trial judge shall enter an order granting or denying that petition at that hearing.

(ee) Service of order. An order to immediately expunge eligible records under this subparagraph (D) shall be served in accordance with paragraph (8) of subsection (d).

(ff) Implementation of order. An order to immediately expunge records under this subparagraph (D) shall be implemented in accordance with subparagraph (A) of paragraph (8) of subsection (d).

(gg) Final order. No court order entered under this subparagraph (D) becomes final for purposes of appeal until 30 days after service of the order on the petitioner and all parties entitled to service of the order.

(hh) Motion to vacate, modify, or reconsider. Under Section 2-1203 of the Code of Civil Procedure, the petitioner, the State's Attorney, or the Illinois State Police may file a motion to vacate, modify, or reconsider an order denying a petition to immediately expunge within 30 days of service of the order. If filed more than 30 days after service of the order, a petition to vacate, modify, or reconsider shall comply with Section 2-1401 of the Code of Civil Procedure.

(ii) Effect of order. An order granting an immediate expungement petition under this subparagraph (D) shall not be considered void because it fails to comply with the provisions of this subparagraph (D). The circuit court retains jurisdiction to determine whether the order is voidable, and to vacate, modify, or reconsider its terms based on a motion filed under paragraph (12) of subsection (d).

(jj) Compliance with order granting petition to expunge records. Unless a court has entered a stay of an order granting a petition to immediately expunge under this subparagraph (D), all parties entitled to service of the order must fully comply with the terms of the order within 60 days of service of the order.

(3) Those records maintained by the Illinois State Police Department for persons arrested prior to their 17th birthday shall be expunged as provided in Section 5-915 of the Juvenile Court Act of 1987.

(4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the Illinois State Police Department, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name. The records of the circuit court clerk shall be sealed until further order of the court upon good cause shown and the name of the aggrieved person obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Nothing in this Section shall limit the Illinois Department of State Police or other criminal justice agencies or prosecutors from listing under an offender's name the false names he or she has used.

(5) Whenever a person has been convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim of that offense may request that the State's Attorney of the county in which the conviction occurred file a verified petition with the presiding trial judge at the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection with the proceedings of the trial court concerning that offense. However, the records of the arresting authority and the Illinois Department of State Police concerning the offense shall not be sealed. The court, upon good cause shown, shall make the records of the circuit court clerk in connection with the proceedings of the trial court concerning the offense available for public inspection.

(6) If a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court that finds the petitioner factually innocent of the charge shall enter an expungement order for the conviction for which the petitioner has been determined to be innocent as provided in subsection (b) of Section 5-5-4 of the Unified Code of Corrections.

(7) Nothing in this Section shall prevent the Illinois Department of State Police from maintaining all records of any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act.

(8) If the petitioner has been granted a certificate of innocence under Section 2-702 of the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults. Subsection (g) of this Section provides for immediate sealing of certain records.

(2) Eligible Records. The following records may be sealed:

(A) All arrests resulting in release without charging;

(B) Arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except as excluded by subsection (a)(3)(B);

(C) Arrests or charges not initiated by arrest resulting in orders of supervision, including orders of supervision for municipal ordinance violations, successfully completed by the petitioner, unless excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest resulting in convictions, including convictions on municipal ordinance violations, unless excluded by subsection (a)(3);

(E) Arrests or charges not initiated by arrest resulting in orders of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, or Section 5-6-3.3 of the Unified Code of Corrections; and

(F) Arrests or charges not initiated by arrest resulting in felony convictions unless otherwise excluded by subsection (a) paragraph (3) of this Section.

(3) When Records Are Eligible to Be Sealed. Records identified as eligible under subsection (c)(2) may be sealed as follows:

(A) Records identified as eligible under subsection (c)(2)(A) and (c)(2)(B) may be sealed at any time.

(B) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsection (c)(2)(C) may be sealed 2 years after the termination of petitioner's last sentence (as defined in subsection (a)(1)(F)).

(C) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be sealed 3 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)). Convictions requiring public registration under the Arsonist Registration Act, the Sex Offender Registration Act, or the Murderer and Violent Offender Against Youth Registration Act may not be sealed until the petitioner is no longer required to register under that relevant Act.

(D) Records identified in subsection (a)(3)(A)(iii) may be sealed after the petitioner has reached the age of 25 years.

(E) Records identified as eligible under subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or (c)(2)(F) may be sealed upon termination of the petitioner's last sentence if the petitioner earned a high school diploma, associate's degree, career certificate, vocational technical certification, or bachelor's degree, or passed the high school level Test of General Educational Development, during the period of his or her sentence or mandatory supervised release. This subparagraph shall apply only to a petitioner who has not completed the same educational goal prior to the period of his or her sentence or mandatory supervised release. If a petition for sealing eligible records filed under this subparagraph is denied by the court, the time periods under subparagraph (B) or (C) shall apply to any subsequent petition for sealing filed by the petitioner.

(4) Subsequent felony convictions. A person may not have subsequent felony conviction records sealed as provided in this subsection (c) if he or she is convicted of any felony offense after the date of the sealing of prior felony convictions as provided in this subsection (c). The court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court.

(5) Notice of eligibility for sealing. Upon entry of a disposition for an eligible record under this subsection (c), the petitioner shall be informed by the court of the right to have the records sealed and the procedures for the sealing of the records.

(d) Procedure. The following procedures apply to expungement under subsections (b), (e), and (e-6) and sealing under subsections (c) and (e-5):

(1) Filing the petition. Upon becoming eligible to petition for the expungement or sealing of records under this Section, the petitioner shall file a petition requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both. If arrests occurred or charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction. The petitioner shall pay the applicable fee, except no fee shall be required if the petitioner has obtained a court order waiving fees under Supreme Court Rule 298 or it is otherwise waived.

(1.5) County fee waiver pilot program. From August 9, 2019 (the effective date of Public Act 101-306) through December 31, 2020, in a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded by subsection (a)(3)(B). The provisions of this paragraph (1.5), other than this sentence, are inoperative on and after January 1, 2022.

(2) Contents of petition. The petition shall be verified and shall contain the petitioner's name, date of birth, current address and, for each arrest or charge not initiated by arrest sought to be sealed or expunged, the case number, the date of arrest (if any), the identity of the arresting authority, and such other information as the court may require. During the pendency of the proceeding, the petitioner shall promptly notify the circuit court clerk of any change of his or her address. If the petitioner has received a certificate of eligibility for sealing from the Prisoner Review Board under paragraph (10) of subsection (a) of Section 3-3-2 of the Unified Code of Corrections, the certificate shall be attached to the petition.

(3) Drug test. The petitioner must attach to the petition proof that the petitioner has passed a test taken within 30 days before the filing of the petition showing the absence within his or her body of all illegal substances as defined by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Cannabis Control Act if he or she is petitioning to:

(A) seal felony records under clause (c)(2)(E);

(B) seal felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act under clause (c)(2)(F);

(C) seal felony records under subsection (e-5); or

(D) expunge felony records of a qualified probation under clause (b)(1)(iv).

(4) Service of petition. The circuit court clerk shall promptly serve a copy of the petition and documentation to support the petition under subsection (e-5) or (e-6) on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Illinois Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, and shall state with specificity the basis of the objection. Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, an objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal must be filed within 60 days of the date of service of the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the charge was brought, any judge of that circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, if any, shall rule on the petition to expunge or seal as set forth in this subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the Illinois Department of State Police, the arresting agency, or the chief legal officer files an objection to the petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition.

(C) Notwithstanding any other provision of law, the court shall not deny a petition for sealing under this Section because the petitioner has not satisfied an outstanding legal financial obligation established, imposed, or originated by a court, law enforcement agency, or a municipal, State, county, or other unit of local government, including, but not limited to, any cost, assessment, fine, or fee. An outstanding legal financial obligation does not include any court ordered restitution to a victim under Section 5-5-6 of the Unified Code of Corrections, unless the restitution has been converted to a civil judgment. Nothing in this subparagraph (C) waives, rescinds, or abrogates a legal financial obligation or otherwise eliminates or affects the right of the holder of any financial obligation to pursue collection under applicable federal, State, or local law.

(7) Hearings. If an objection is filed, the court shall set a date for a hearing and notify the petitioner and all parties entitled to notice of the petition of the hearing date at least 30 days prior to the hearing. Prior to the hearing, the State's Attorney shall consult with the Illinois State Police Department as to the appropriateness of the relief sought in the petition to expunge or seal. At the hearing, the court shall hear evidence on whether the petition should or should not be granted, and shall grant or deny the petition to expunge or seal the records based on the evidence presented at the hearing. The court may consider the following:

(A) the strength of the evidence supporting the defendant's conviction;

(B) the reasons for retention of the conviction records by the State;

(C) the petitioner's age, criminal record history, and employment history;

(D) the period of time between the petitioner's arrest on the charge resulting in the conviction and the filing of the petition under this Section; and

(E) the specific adverse consequences the petitioner may be subject to if the petition is denied.

(8) Service of order. After entering an order to expunge or seal records, the court must provide copies of the order to the Illinois State Police Department, in a form and manner prescribed by the Illinois State Police Department, to the petitioner, to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or both:

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Illinois State Police Department, and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order; and

(iii) in response to an inquiry for expunged records, the court, the Illinois State Police Department, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.

(B) Upon entry of an order to expunge records pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or both:

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the Illinois State Police Department within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(iv) records impounded by the Illinois State Police Department may be disseminated by the Illinois State Police Department only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense; and

(v) in response to an inquiry for such records from anyone not authorized by law to access such records, the court, the Illinois State Police Department, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.

(B-5) Upon entry of an order to expunge records under subsection (e-6):

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed under paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the Illinois State Police Department within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed under paragraph (12) of subsection (d) of this Section;

(iv) records impounded by the Illinois State Police Department may be disseminated by the Illinois State Police Department only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense; and

(v) in response to an inquiry for these records from anyone not authorized by law to access the records, the court, the Illinois State Police Department, or the agency receiving the inquiry shall reply as it does in response to inquiries when no records ever existed.

(C) Upon entry of an order to seal records under subsection (c), the arresting agency, any other agency as ordered by the court, the Illinois State Police Department, and the court shall seal the records (as defined in subsection (a)(1)(K)). In response to an inquiry for such records, from anyone not authorized by law to access such records, the court, the Illinois State Police Department, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.

(D) The Illinois State Police Department shall send written notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, within 60 days of service of the order resolving the motion, if that order requires the Illinois State Police Department to expunge or seal records. In the event of an appeal from the circuit court order, the Illinois State Police Department shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within 60 days of the issuance of the court's mandate. The notice is not required while any motion to vacate, modify, or reconsider, or any appeal or petition for discretionary appellate review, is pending.

(E) Upon motion, the court may order that a sealed judgment or other court record necessary to demonstrate the amount of any legal financial obligation due and owing be made available for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal proceeding for which those records have been sealed. The records made available under this subparagraph (E) shall not be entered into the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act and shall be immediately re-impounded upon the collection of the outstanding financial obligations.

(F) Notwithstanding any other provision of this Section, a circuit court clerk may access a sealed record for the limited purpose of collecting payment for any legal financial obligations that were established, imposed, or originated in the criminal proceedings for which those records have been sealed.

(10) Fees. The Illinois State Police Department may charge the petitioner a fee equivalent to the cost of processing any order to expunge or seal records. Notwithstanding any provision of the Clerks of Courts Act to the contrary, the circuit court clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the circuit court clerk. From the total filing fee collected for the petition to seal or expunge, the circuit court clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the circuit court clerk in performing the additional duties required to serve the petition to seal or expunge on all parties. The circuit court clerk shall collect and remit the Illinois Department of State Police portion of the fee to the State Treasurer and it shall be deposited in the State Police Services Fund. If the record brought under an expungement petition was previously sealed under this Section, the fee for the expungement petition for that same record shall be waived.

(11) Final Order. No court order issued under the expungement or sealing provisions of this Section shall become final for purposes of appeal until 30 days after service of the order on the petitioner and all parties entitled to notice of the petition.

(12) Motion to Vacate, Modify, or Reconsider. Under Section 2-1203 of the Code of Civil Procedure, the petitioner or any party entitled to notice may file a motion to vacate, modify, or reconsider the order granting or denying the petition to expunge or seal within 30 60 days of service of the order. If filed more than 30 60 days after service of the order, a petition to vacate, modify, or reconsider shall comply with subsection (c) of Section 2-1401 of the Code of Civil Procedure. Upon filing of a motion to vacate, modify, or reconsider, notice of the motion shall be served upon the petitioner and all parties entitled to notice of the petition.

(13) Effect of Order. An order granting a petition under the expungement or sealing provisions of this Section shall not be considered void because it fails to comply with the provisions of this Section or because of any error asserted in a motion to vacate, modify, or reconsider. The circuit court retains jurisdiction to determine whether the order is voidable and to vacate, modify, or reconsider its terms based on a motion filed under paragraph (12) of this subsection (d).

(14) Compliance with Order Granting Petition to Seal Records. Unless a court has entered a stay of an order granting a petition to seal, all parties entitled to notice of the petition must fully comply with the terms of the order within 60 days of service of the order even if a party is seeking relief from the order through a motion filed under paragraph (12) of this subsection (d) or is appealing the order.

(15) Compliance with Order Granting Petition to Expunge Records. While a party is seeking relief from the order granting the petition to expunge through a motion filed under paragraph (12) of this subsection (d) or is appealing the order, and unless a court has entered a stay of that order, the parties entitled to notice of the petition must seal, but need not expunge, the records until there is a final order on the motion for relief or, in the case of an appeal, the issuance of that court's mandate.

(16) The changes to this subsection (d) made by Public Act 98-163 apply to all petitions pending on August 5, 2013 (the effective date of Public Act 98-163) and to all orders ruling on a petition to expunge or seal on or after August 5, 2013 (the effective date of Public Act 98-163).

(e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Illinois State Police Department may be disseminated by the Illinois State Police Department only to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Illinois State Police Department pertaining to that individual. Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was pardoned.

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

(e-6) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for expungement by the Prisoner Review Board which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois State Police Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been granted the certificate but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Illinois State Police Department may be disseminated by the Illinois State Police Department only as required by this Act or to the arresting authority, a law enforcement agency, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all expunged records of the Illinois State Police Department pertaining to that individual. Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was granted the certificate of eligibility for expungement.

(f) Subject to available funding, the Illinois Department of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93-211. At the request of the Illinois Department of Corrections, records of the Illinois Department of Employment Security shall be utilized as appropriate to assist in the study. The study shall not disclose any data in a manner that would allow the identification of any particular individual or employing unit. The study shall be made available to the General Assembly no later than September 1, 2010.

(g) Immediate Sealing.

(1) Applicability. Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement or sealing of criminal records, this subsection authorizes the immediate sealing of criminal records of adults and of minors prosecuted as adults.

(2) Eligible Records. Arrests or charges not initiated by arrest resulting in acquittal or dismissal with prejudice, except as excluded by subsection (a)(3)(B), that occur on or after January 1, 2018 (the effective date of Public Act 100-282), may be sealed immediately if the petition is filed with the circuit court clerk on the same day and during the same hearing in which the case is disposed.

(3) When Records are Eligible to be Immediately Sealed. Eligible records under paragraph (2) of this subsection (g) may be sealed immediately after entry of the final disposition of a case, notwithstanding the disposition of other charges in the same case.

(4) Notice of Eligibility for Immediate Sealing. Upon entry of a disposition for an eligible record under this subsection (g), the defendant shall be informed by the court of his or her right to have eligible records immediately sealed and the procedure for the immediate sealing of these records.

(5) Procedure. The following procedures apply to immediate sealing under this subsection (g).

(A) Filing the Petition. Upon entry of the final disposition of the case, the defendant's attorney may immediately petition the court, on behalf of the defendant, for immediate sealing of eligible records under paragraph (2) of this subsection (g) that are entered on or after January 1, 2018 (the effective date of Public Act 100-282). The immediate sealing petition may be filed with the circuit court clerk during the hearing in which the final disposition of the case is entered. If the defendant's attorney does not file the petition for immediate sealing during the hearing, the defendant may file a petition for sealing at any time as authorized under subsection (c)(3)(A).

(B) Contents of Petition. The immediate sealing petition shall be verified and shall contain the petitioner's name, date of birth, current address, and for each eligible record, the case number, the date of arrest if applicable, the identity of the arresting authority if applicable, and other information as the court may require.

(C) Drug Test. The petitioner shall not be required to attach proof that he or she has passed a drug test.

(D) Service of Petition. A copy of the petition shall be served on the State's Attorney in open court. The petitioner shall not be required to serve a copy of the petition on any other agency.

(E) Entry of Order. The presiding trial judge shall enter an order granting or denying the petition for immediate sealing during the hearing in which it is filed. Petitions for immediate sealing shall be ruled on in the same hearing in which the final disposition of the case is entered.

(F) Hearings. The court shall hear the petition for immediate sealing on the same day and during the same hearing in which the disposition is rendered.

(G) Service of Order. An order to immediately seal eligible records shall be served in conformance with subsection (d)(8).

(H) Implementation of Order. An order to immediately seal records shall be implemented in conformance with subsections (d)(9)(C) and (d)(9)(D).

(I) Fees. The fee imposed by the circuit court clerk and the Illinois Department of State Police shall comply with paragraph (1) of subsection (d) of this Section.

(J) Final Order. No court order issued under this subsection (g) shall become final for purposes of appeal until 30 days after service of the order on the petitioner and all parties entitled to service of the order in conformance with subsection (d)(8).

(K) Motion to Vacate, Modify, or Reconsider. Under Section 2-1203 of the Code of Civil Procedure, the petitioner, State's Attorney, or the Illinois Department of State Police may file a motion to vacate, modify, or reconsider the order denying the petition to immediately seal within 30 60 days of service of the order. If filed more than 30 60 days after service of the order, a petition to vacate, modify, or reconsider shall comply with subsection (c) of Section 2-1401 of the Code of Civil Procedure.

(L) Effect of Order. An order granting an immediate sealing petition shall not be considered void because it fails to comply with the provisions of this Section or because of an error asserted in a motion to vacate, modify, or reconsider. The circuit court retains jurisdiction to determine whether the order is voidable, and to vacate, modify, or reconsider its terms based on a motion filed under subparagraph (L) of this subsection (g).

(M) Compliance with Order Granting Petition to Seal Records. Unless a court has entered a stay of an order granting a petition to immediately seal, all parties entitled to service of the order must fully comply with the terms of the order within 60 days of service of the order.

(h) Sealing; trafficking victims.

(1) A trafficking victim as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012 shall be eligible to petition for immediate sealing of his or her criminal record upon the completion of his or her last sentence if his or her participation in the underlying offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(2) A petitioner under this subsection (h), in addition to the requirements provided under paragraph (4) of subsection (d) of this Section, shall include in his or her petition a clear and concise statement that: (A) he or she was a victim of human trafficking at the time of the offense; and (B) that his or her participation in the offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(3) If an objection is filed alleging that the petitioner is not entitled to immediate sealing under this subsection (h), the court shall conduct a hearing under paragraph (7) of subsection (d) of this Section and the court shall determine whether the petitioner is entitled to immediate sealing under this subsection (h). A petitioner is eligible for immediate relief under this subsection (h) if he or she shows, by a preponderance of the evidence, that: (A) he or she was a victim of human trafficking at the time of the offense; and (B) that his or her participation in the offense was a direct result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.

(i) Minor Cannabis Offenses under the Cannabis Control Act.

(1) Expungement of Arrest Records of Minor Cannabis Offenses.

(A) The Illinois Department of State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for a Minor Cannabis Offense committed prior to June 25, 2019 (the effective date of Public Act 101-27) if:

(i) One year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records; and

(ii) No criminal charges were filed relating to the arrest or law enforcement interaction or criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted.

(B) If the law enforcement agency is unable to verify satisfaction of condition (ii) in paragraph (A), records that satisfy condition (i) in paragraph (A) shall be automatically expunged.

(C) Records shall be expunged by the law enforcement agency under the following timelines:

(i) Records created prior to June 25, 2019 (the effective date of Public Act 101-27), but on or after January 1, 2013, shall be automatically expunged prior to January 1, 2021;

(ii) Records created prior to January 1, 2013, but on or after January 1, 2000, shall be automatically expunged prior to January 1, 2023;

(iii) Records created prior to January 1, 2000 shall be automatically expunged prior to January 1, 2025.

In response to an inquiry for expunged records, the law enforcement agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed; however, it shall provide a certificate of disposition or confirmation that the record was expunged to the individual whose record was expunged if such a record exists.

(D) Nothing in this Section shall be construed to restrict or modify an individual's right to have that individual's records expunged except as otherwise may be provided in this Act, or diminish or abrogate any rights or remedies otherwise available to the individual.

(2) Pardons Authorizing Expungement of Minor Cannabis Offenses.

(A) Upon June 25, 2019 (the effective date of Public Act 101-27), the Department of State Police shall review all criminal history record information and identify all records that meet all of the following criteria:

(i) one or more convictions for a Minor Cannabis Offense;

(ii) the conviction identified in paragraph (2)(A)(i) did not include a penalty enhancement under Section 7 of the Cannabis Control Act; and

(iii) the conviction identified in paragraph (2)(A)(i) is not associated with a conviction for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.

(B) Within 180 days after June 25, 2019 (the effective date of Public Act 101-27), the Department of State Police shall notify the Prisoner Review Board of all such records that meet the criteria established in paragraph (2)(A).

(i) The Prisoner Review Board shall notify the State's Attorney of the county of conviction of each record identified by State Police in paragraph (2)(A) that is classified as a Class 4 felony. The State's Attorney may provide a written objection to the Prisoner Review Board on the sole basis that the record identified does not meet the criteria established in paragraph (2)(A). Such an objection must be filed within 60 days or by such later date set by the Prisoner Review Board in the notice after the State's Attorney received notice from the Prisoner Review Board.

(ii) In response to a written objection from a State's Attorney, the Prisoner Review Board is authorized to conduct a non-public hearing to evaluate the information provided in the objection.

(iii) The Prisoner Review Board shall make a confidential and privileged recommendation to the Governor as to whether to grant a pardon authorizing expungement for each of the records identified by the Department of State Police as described in paragraph (2)(A).

(C) If an individual has been granted a pardon authorizing expungement as described in this Section, the Prisoner Review Board, through the Attorney General, shall file a petition for expungement with the Chief Judge of the circuit or any judge of the circuit designated by the Chief Judge where the individual had been convicted. Such petition may include more than one individual. Whenever an individual who has been convicted of an offense is granted a pardon by the Governor that specifically authorizes expungement, an objection to the petition may not be filed. Petitions to expunge under this subsection (i) may include more than one individual. Within 90 days of the filing of such a petition, the court shall enter an order expunging the records of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Illinois Department of State Police be expunged and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which the individual had received a pardon but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Upon entry of the order of expungement, the circuit court clerk shall promptly provide a copy of the order and a certificate of disposition to the individual who was pardoned to the individual's last known address or by electronic means (if available) or otherwise make it available to the individual upon request.

(D) Nothing in this Section is intended to diminish or abrogate any rights or remedies otherwise available to the individual.

(3) Any individual may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violation of Section 4 or Section 5 of the Cannabis Control Act. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court, Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge. The circuit court clerk shall promptly serve a copy of the motion to vacate and expunge, and any supporting documentation, on the State's Attorney or prosecutor charged with the duty of prosecuting the offense. When considering such a motion to vacate and expunge, a court shall consider the following: the reasons to retain the records provided by law enforcement, the petitioner's age, the petitioner's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. An individual may file such a petition after the completion of any non-financial sentence or non-financial condition imposed by the conviction. Within 60 days of the filing of such motion, a State's Attorney may file an objection to such a petition along with supporting evidence. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraphs (d)(8) and (d)(9)(A) of this Section. An agency providing civil legal aid, as defined by Section 15 of the Public Interest Attorney Assistance Act, assisting individuals seeking to file a motion to vacate and expunge under this subsection may file motions to vacate and expunge with the Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and the motion may include more than one individual. Motions filed by an agency providing civil legal aid concerning more than one individual may be prepared, presented, and signed electronically.

(4) Any State's Attorney may file a motion to vacate and expunge a conviction for a misdemeanor or Class 4 felony violation of Section 4 or Section 5 of the Cannabis Control Act. Motions to vacate and expunge under this subsection (i) may be filed with the circuit court, Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and may include more than one individual. Motions filed by a State's Attorney concerning more than one individual may be prepared, presented, and signed electronically. When considering such a motion to vacate and expunge, a court shall consider the following: the reasons to retain the records provided by law enforcement, the individual's age, the individual's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. Upon entry of an order granting a motion to vacate and expunge records pursuant to this Section, the State's Attorney shall notify the Prisoner Review Board within 30 days. Upon entry of the order of expungement, the circuit court clerk shall promptly provide a copy of the order and a certificate of disposition to the individual whose records will be expunged to the individual's last known address or by electronic means (if available) or otherwise make available to the individual upon request. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraphs (d)(8) and (d)(9)(A) of this Section.

(5) In the public interest, the State's Attorney of a county has standing to file motions to vacate and expunge pursuant to this Section in the circuit court with jurisdiction over the underlying conviction.

(6) If a person is arrested for a Minor Cannabis Offense as defined in this Section before June 25, 2019 (the effective date of Public Act 101-27) and the person's case is still pending but a sentence has not been imposed, the person may petition the court in which the charges are pending for an order to summarily dismiss those charges against him or her, and expunge all official records of his or her arrest, plea, trial, conviction, incarceration, supervision, or expungement. If the court determines, upon review, that: (A) the person was arrested before June 25, 2019 (the effective date of Public Act 101-27) for an offense that has been made eligible for expungement; (B) the case is pending at the time; and (C) the person has not been sentenced of the minor cannabis violation eligible for expungement under this subsection, the court shall consider the following: the reasons to retain the records provided by law enforcement, the petitioner's age, the petitioner's age at the time of offense, the time since the conviction, and the specific adverse consequences if denied. If a motion to dismiss and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section.

(7) A person imprisoned solely as a result of one or more convictions for Minor Cannabis Offenses under this subsection (i) shall be released from incarceration upon the issuance of an order under this subsection.

(8) The Illinois Department of State Police shall allow a person to use the access and review process, established in the Illinois Department of State Police, for verifying that his or her records relating to Minor Cannabis Offenses of the Cannabis Control Act eligible under this Section have been expunged.

(9) No conviction vacated pursuant to this Section shall serve as the basis for damages for time unjustly served as provided in the Court of Claims Act.

(10) Effect of Expungement. A person's right to expunge an expungeable offense shall not be limited under this Section. The effect of an order of expungement shall be to restore the person to the status he or she occupied before the arrest, charge, or conviction.

(11) Information. The Illinois Department of State Police shall post general information on its website about the expungement process described in this subsection (i).

(j) Felony Prostitution Convictions.

(1) Any individual may file a motion to vacate and expunge a conviction for a prior Class 4 felony violation of prostitution. Motions to vacate and expunge under this subsection (j) may be filed with the circuit court, Chief Judge of a judicial circuit, or any judge of the circuit designated by the Chief Judge. When considering the motion to vacate and expunge, a court shall consider the following:

(A) the reasons to retain the records provided by law enforcement;

(B) the petitioner's age;

(C) the petitioner's age at the time of offense; and

(D) the time since the conviction, and the specific adverse consequences if denied. An individual may file the petition after the completion of any sentence or condition imposed by the conviction. Within 60 days of the filing of the motion, a State's Attorney may file an objection to the petition along with supporting evidence. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section. An agency providing civil legal aid, as defined in Section 15 of the Public Interest Attorney Assistance Act, assisting individuals seeking to file a motion to vacate and expunge under this subsection may file motions to vacate and expunge with the Chief Judge of a judicial circuit or any judge of the circuit designated by the Chief Judge, and the motion may include more than one individual.

(2) Any State's Attorney may file a motion to vacate and expunge a conviction for a Class 4 felony violation of prostitution. Motions to vacate and expunge under this subsection (j) may be filed with the circuit court, Chief Judge of a judicial circuit, or any judge of the circuit court designated by the Chief Judge, and may include more than one individual. When considering the motion to vacate and expunge, a court shall consider the following reasons:

(A) the reasons to retain the records provided by law enforcement;

(B) the petitioner's age;

(C) the petitioner's age at the time of offense;

(D) the time since the conviction; and

(E) the specific adverse consequences if denied.

If the State's Attorney files a motion to vacate and expunge records for felony prostitution convictions pursuant to this Section, the State's Attorney shall notify the Prisoner Review Board within 30 days of the filing. If a motion to vacate and expunge is granted, the records shall be expunged in accordance with subparagraph (d)(9)(A) of this Section.

(3) In the public interest, the State's Attorney of a county has standing to file motions to vacate and expunge pursuant to this Section in the circuit court with jurisdiction over the underlying conviction.

(4) The Illinois State Police shall allow a person to a use the access and review process, established in the Illinois State Police, for verifying that his or her records relating to felony prostitution eligible under this Section have been expunged.

(5) No conviction vacated pursuant to this Section shall serve as the basis for damages for time unjustly served as provided in the Court of Claims Act.

(6) Effect of Expungement. A person's right to expunge an expungeable offense shall not be limited under this Section. The effect of an order of expungement shall be to restore the person to the status he or she occupied before the arrest, charge, or conviction.

(7) Information. The Illinois State Police shall post general information on its website about the expungement process described in this subsection (j).

(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; 102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)

Section 910. The Unified Code of Corrections is amended by changing Sections 5-9-1 and 5-9-2 as follows:

(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)

Sec. 5-9-1. Authorized fines.

(a) An offender may be sentenced to pay a fine as provided in Article 4.5 of Chapter V.

(b) (Blank).

(c) (Blank).

(c-5) (Blank).

(c-7) (Blank).

(c-9) (Blank).

(d) In determining the amount and method of payment of a fine or restitution, except for those fines established for violations of Chapter 15 of the Illinois Vehicle Code, the court shall consider:

(1) the financial resources and current and future ability of the offender to reasonably pay the fine or restitution; and

(2) whether the fine will prevent the offender from making court ordered restitution or reparation to the victim of the offense; and

(2.1) the impact that payment of the fine or restitution will have on the offender's current and future ability to:

(A) obtain or maintain decent and stable housing for the offender, the offender's family, and all others who are dependent upon the offender for stable housing;

(B) obtain stable and financially meaningful employment; and

(C) obtain any education or training that is or may become reasonably necessary for the offender to support the offender, the offender's family, or others who are financially dependent upon the offender or otherwise dependent upon the offender's care; and

(2.2) the impact of the fine or restitution on the offender's family or others who are financially dependent upon the offender or otherwise dependent upon the offender's care; and

(2.3) the likelihood that the fine or restitution may cause the offender to recidivate; and

(3) in a case where the accused is a dissolved corporation and the court has appointed counsel to represent the corporation, the costs incurred either by the county or the State for such representation.

(e) The court may order the fine to be paid forthwith or within a specified period of time or in installments. Notwithstanding any other provision of law:

(1) the amount to be collected from an offender for payment of a fine or restitution shall never exceed the amount that could be collected from that offender pursuant to a deduction order entered under Part 8 of Article XII of the Code of Civil Procedure; and

(2) no payment of the whole or any part or any fine or restitution or any installment thereof shall be due, otherwise required, or collected while the individual who is liable for that payment is incarcerated.

(f) (Blank).

(Source: P.A. 99-352, eff. 1-1-16; 100-987, eff. 7-1-19.)

(730 ILCS 5/5-9-2) (from Ch. 38, par. 1005-9-2)

Sec. 5-9-2. Revocation of a fine or restitution Fine. Except as to fines established for violations of Chapter 15 of the Illinois Vehicle Code, the court, upon good cause shown, may revoke all or any portion of any fine or restitution imposed upon an individual, or the unpaid portion of any such fine or restitution, or may modify the method of payment. Any individual who is liable for the payment of a fine or restitution may petition the court that imposed the fine or restitution for relief under this Section at any time. The second and all succeeding petitions for such relief by such an individual shall include evidence of a material change in the individual's circumstances. The court's determination to grant relief under this Section shall be based upon the impact of any fine or restitution on:

(1) the petitioner's current and anticipated future ability to:

(A) reasonably pay such fine or restitution;

(B) obtain or maintain stable housing for the petitioner, the petitioner's family, and all others who are dependent upon the petitioner for stable housing;

(C) obtain stable and financially meaningful employment; and

(D) obtain any education or training that is or may become reasonably necessary for the petitioner to support the petitioner, the petitioner's family, or others who are financially dependent upon the petitioner or otherwise dependent upon the petitioner's care;

(2) the impact of the fine or restitution on the petitioner's family or others who are financially dependent upon the petitioner or otherwise dependent upon the petitioner's care; and

(3) the likelihood that the fine or restitution may cause the petitioner to recidivate.

The provisions of this Section shall be liberally construed in favor of granting the relief authorized by this Section. This Section shall not be construed to authorize a court to increase the amount due from an individual upon whom a fine or restitution has been imposed or the amount of any installments or other payments of such fine or restitution the fine or the unpaid portion or may modify the method of payment.

(Source: P.A. 87-396.)

(730 ILCS 5/5-9-3 rep.)

Section 915. The Unified Code of Corrections is amended by repealing Section 5-9-3.

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Section and Sections 905 through 997 take effect upon becoming law. Sections 1 through 45 take effect upon becoming law, but Sections 1 through 45 do not take effect at all unless "An Act creating the Department of Returning Resident Affairs" of the 102nd General Assembly becomes law.