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Rep. La Shawn K. Ford
Filed: 2/28/2023
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1 | | AMENDMENT TO HOUSE BILL 48
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2 | | AMENDMENT NO. ______. Amend House Bill 48 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Criminal Identification Act is amended by |
5 | | changing Section 5.2 as follows:
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6 | | (20 ILCS 2630/5.2)
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7 | | Sec. 5.2. Expungement, sealing, and immediate sealing. |
8 | | (a) General Provisions. |
9 | | (1) Definitions. In this Act, words and phrases have
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10 | | the meanings set forth in this subsection, except when a
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11 | | particular context clearly requires a different meaning. |
12 | | (A) The following terms shall have the meanings |
13 | | ascribed to them in the following Sections of the |
14 | | Unified Code of Corrections: |
15 | | Business Offense, Section 5-1-2. |
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1 | | Charge, Section 5-1-3. |
2 | | Court, Section 5-1-6. |
3 | | Defendant, Section 5-1-7. |
4 | | Felony, Section 5-1-9. |
5 | | Imprisonment, Section 5-1-10. |
6 | | Judgment, Section 5-1-12. |
7 | | Misdemeanor, Section 5-1-14. |
8 | | Offense, Section 5-1-15. |
9 | | Parole, Section 5-1-16. |
10 | | Petty Offense, Section 5-1-17. |
11 | | Probation, Section 5-1-18. |
12 | | Sentence, Section 5-1-19. |
13 | | Supervision, Section 5-1-21. |
14 | | Victim, Section 5-1-22. |
15 | | (B) As used in this Section, "charge not initiated |
16 | | by arrest" means a charge (as defined by Section 5-1-3 |
17 | | of the Unified Code of Corrections) brought against a |
18 | | defendant where the defendant is not arrested prior to |
19 | | or as a direct result of the charge. |
20 | | (C) "Conviction" means a judgment of conviction or |
21 | | sentence entered upon a plea of guilty or upon a |
22 | | verdict or finding of guilty of an offense, rendered |
23 | | by a legally constituted jury or by a court of |
24 | | competent jurisdiction authorized to try the case |
25 | | without a jury. An order of supervision successfully |
26 | | completed by the petitioner is not a conviction. An |
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1 | | order of qualified probation (as defined in subsection |
2 | | (a)(1)(J)) successfully completed by the petitioner is |
3 | | not a conviction. An order of supervision or an order |
4 | | of qualified probation that is terminated |
5 | | unsatisfactorily is a conviction, unless the |
6 | | unsatisfactory termination is reversed, vacated, or |
7 | | modified and the judgment of conviction, if any, is |
8 | | reversed or vacated. |
9 | | (D) "Criminal offense" means a petty offense, |
10 | | business offense, misdemeanor, felony, or municipal |
11 | | ordinance violation (as defined in subsection |
12 | | (a)(1)(H)). As used in this Section, a minor traffic |
13 | | offense (as defined in subsection (a)(1)(G)) shall not |
14 | | be considered a criminal offense. |
15 | | (E) "Expunge" means to physically destroy the |
16 | | records or return them to the petitioner and to |
17 | | obliterate the petitioner's name from any official |
18 | | index or public record, or both. Nothing in this Act |
19 | | shall require the physical destruction of the circuit |
20 | | court file, but such records relating to arrests or |
21 | | charges, or both, ordered expunged shall be impounded |
22 | | as required by subsections (d)(9)(A)(ii) and |
23 | | (d)(9)(B)(ii). |
24 | | (F) As used in this Section, "last sentence" means |
25 | | the sentence, order of supervision, or order of |
26 | | qualified probation (as defined by subsection |
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1 | | (a)(1)(J)), for a criminal offense (as defined by |
2 | | subsection (a)(1)(D)) that terminates last in time in |
3 | | any jurisdiction, regardless of whether the petitioner |
4 | | has included the criminal offense for which the |
5 | | sentence or order of supervision or qualified |
6 | | probation was imposed in his or her petition. If |
7 | | multiple sentences, orders of supervision, or orders |
8 | | of qualified probation terminate on the same day and |
9 | | are last in time, they shall be collectively |
10 | | considered the "last sentence" regardless of whether |
11 | | they were ordered to run concurrently. |
12 | | (G) "Minor traffic offense" means a petty offense, |
13 | | business offense, or Class C misdemeanor under the |
14 | | Illinois Vehicle Code or a similar provision of a |
15 | | municipal or local ordinance. |
16 | | (G-5) "Minor Cannabis Offense" means a violation |
17 | | of Section 4 or 5 of the Cannabis Control Act |
18 | | concerning not more than 30 grams of any substance |
19 | | containing cannabis, provided the violation did not |
20 | | include a penalty enhancement under Section 7 of the |
21 | | Cannabis Control Act and is not associated with an |
22 | | arrest, conviction or other disposition for a violent |
23 | | crime as defined in subsection (c) of Section 3 of the |
24 | | Rights of Crime Victims and Witnesses Act. |
25 | | (H) "Municipal ordinance violation" means an |
26 | | offense defined by a municipal or local ordinance that |
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1 | | is criminal in nature and with which the petitioner |
2 | | was charged or for which the petitioner was arrested |
3 | | and released without charging. |
4 | | (I) "Petitioner" means an adult or a minor |
5 | | prosecuted as an
adult who has applied for relief |
6 | | under this Section. |
7 | | (J) "Qualified probation" means an order of |
8 | | probation under Section 10 of the Cannabis Control |
9 | | Act, Section 410 of the Illinois Controlled Substances |
10 | | Act, Section 70 of the Methamphetamine Control and |
11 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
12 | | of the Unified Code of Corrections, Section |
13 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
14 | | those provisions existed before their deletion by |
15 | | Public Act 89-313), Section 10-102 of the Illinois |
16 | | Alcoholism and Other Drug Dependency Act, Section |
17 | | 40-10 of the Substance Use Disorder Act, or Section 10 |
18 | | of the Steroid Control Act. For the purpose of this |
19 | | Section, "successful completion" of an order of |
20 | | qualified probation under Section 10-102 of the |
21 | | Illinois Alcoholism and Other Drug Dependency Act and |
22 | | Section 40-10 of the Substance Use Disorder Act means |
23 | | that the probation was terminated satisfactorily and |
24 | | the judgment of conviction was vacated. |
25 | | (K) "Seal" means to physically and electronically |
26 | | maintain the records, unless the records would |
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1 | | otherwise be destroyed due to age, but to make the |
2 | | records unavailable without a court order, subject to |
3 | | the exceptions in Sections 12 and 13 of this Act. The |
4 | | petitioner's name shall also be obliterated from the |
5 | | official index required to be kept by the circuit |
6 | | court clerk under Section 16 of the Clerks of Courts |
7 | | Act, but any index issued by the circuit court clerk |
8 | | before the entry of the order to seal shall not be |
9 | | affected. |
10 | | (L) "Sexual offense committed against a minor" |
11 | | includes, but is
not limited to, the offenses of |
12 | | indecent solicitation of a child
or criminal sexual |
13 | | abuse when the victim of such offense is
under 18 years |
14 | | of age. |
15 | | (M) "Terminate" as it relates to a sentence or |
16 | | order of supervision or qualified probation includes |
17 | | either satisfactory or unsatisfactory termination of |
18 | | the sentence, unless otherwise specified in this |
19 | | Section. A sentence is terminated notwithstanding any |
20 | | outstanding financial legal obligation. |
21 | | (2) Minor Traffic Offenses.
Orders of supervision or |
22 | | convictions for minor traffic offenses shall not affect a |
23 | | petitioner's eligibility to expunge or seal records |
24 | | pursuant to this Section. |
25 | | (2.5) Commencing 180 days after July 29, 2016 (the |
26 | | effective date of Public Act 99-697), the law enforcement |
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1 | | agency issuing the citation shall automatically expunge, |
2 | | on or before January 1 and July 1 of each year, the law |
3 | | enforcement records of a person found to have committed a |
4 | | civil law violation of subsection (a) of Section 4 of the |
5 | | Cannabis Control Act or subsection (c) of Section 3.5 of |
6 | | the Drug Paraphernalia Control Act in the law enforcement |
7 | | agency's possession or control and which contains the |
8 | | final satisfactory disposition which pertain to the person |
9 | | issued a citation for that offense.
The law enforcement |
10 | | agency shall provide by rule the process for access, |
11 | | review, and to confirm the automatic expungement by the |
12 | | law enforcement agency issuing the citation.
Commencing |
13 | | 180 days after July 29, 2016 (the effective date of Public |
14 | | Act 99-697), the clerk of the circuit court shall expunge, |
15 | | upon order of the court, or in the absence of a court order |
16 | | on or before January 1 and July 1 of each year, the court |
17 | | records of a person found in the circuit court to have |
18 | | committed a civil law violation of subsection (a) of |
19 | | Section 4 of the Cannabis Control Act or subsection (c) of |
20 | | Section 3.5 of the Drug Paraphernalia Control Act in the |
21 | | clerk's possession or control and which contains the final |
22 | | satisfactory disposition which pertain to the person |
23 | | issued a citation for any of those offenses. |
24 | | (3) Exclusions. Except as otherwise provided in |
25 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
26 | | of this Section, the court shall not order: |
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1 | | (A) the sealing or expungement of the records of |
2 | | arrests or charges not initiated by arrest that result |
3 | | in an order of supervision for or conviction of:
(i) |
4 | | any sexual offense committed against a
minor; (ii) |
5 | | Section 11-501 of the Illinois Vehicle Code or a |
6 | | similar provision of a local ordinance; or (iii) |
7 | | Section 11-503 of the Illinois Vehicle Code or a |
8 | | similar provision of a local ordinance, unless the |
9 | | arrest or charge is for a misdemeanor violation of |
10 | | subsection (a) of Section 11-503 or a similar |
11 | | provision of a local ordinance, that occurred prior to |
12 | | the offender reaching the age of 25 years and the |
13 | | offender has no other conviction for violating Section |
14 | | 11-501 or 11-503 of the Illinois Vehicle Code or a |
15 | | similar provision of a local ordinance. |
16 | | (B) the sealing or expungement of records of minor |
17 | | traffic offenses (as defined in subsection (a)(1)(G)), |
18 | | unless the petitioner was arrested and released |
19 | | without charging. |
20 | | (C) the sealing of the records of arrests or |
21 | | charges not initiated by arrest which result in an |
22 | | order of supervision or a conviction for the following |
23 | | offenses: |
24 | | (i) offenses included in Article 11 of the |
25 | | Criminal Code of 1961 or the Criminal Code of 2012 |
26 | | or a similar provision of a local ordinance, |
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1 | | except Section 11-14 and a misdemeanor violation |
2 | | of Section 11-30 of the Criminal Code of 1961 or |
3 | | the Criminal Code of 2012, or a similar provision |
4 | | of a local ordinance; |
5 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
6 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
7 | | Criminal Code of 2012, or a similar provision of a |
8 | | local ordinance; |
9 | | (iii) Section Sections 12-3.1 or 12-3.2 of the |
10 | | Criminal Code of 1961 or the Criminal Code of |
11 | | 2012, or Section 125 of the Stalking No Contact |
12 | | Order Act, or Section 219 of the Civil No Contact |
13 | | Order Act, or a similar provision of a local |
14 | | ordinance; |
15 | | (iv) Class A misdemeanors or felony offenses |
16 | | under the Humane Care for Animals Act; or |
17 | | (v) any offense or attempted offense that |
18 | | would subject a person to registration under the |
19 | | Sex Offender Registration Act. |
20 | | (D) (blank). |
21 | | (b) Expungement. |
22 | | (1) A petitioner may petition the circuit court to |
23 | | expunge the
records of his or her arrests and charges not |
24 | | initiated by arrest when each arrest or charge not |
25 | | initiated by arrest
sought to be expunged resulted in:
(i) |
26 | | acquittal, dismissal, or the petitioner's release without |
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1 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a |
2 | | conviction which was vacated or reversed, unless excluded |
3 | | by subsection (a)(3)(B);
(iii) an order of supervision and |
4 | | such supervision was successfully completed by the |
5 | | petitioner, unless excluded by subsection (a)(3)(A) or |
6 | | (a)(3)(B); or
(iv) an order of qualified probation (as |
7 | | defined in subsection (a)(1)(J)) and such probation was |
8 | | successfully completed by the petitioner. |
9 | | (1.5) When a petitioner seeks to have a record of |
10 | | arrest expunged under this Section, and the offender has |
11 | | been convicted of a criminal offense, the State's Attorney |
12 | | may object to the expungement on the grounds that the |
13 | | records contain specific relevant information aside from |
14 | | the mere fact of the arrest. |
15 | | (2) Time frame for filing a petition to expunge. |
16 | | (A) When the arrest or charge not initiated by |
17 | | arrest sought to be expunged resulted in an acquittal, |
18 | | dismissal, the petitioner's release without charging, |
19 | | or the reversal or vacation of a conviction, there is |
20 | | no waiting period to petition for the expungement of |
21 | | such records. |
22 | | (B) When the arrest or charge not initiated by |
23 | | arrest
sought to be expunged resulted in an order of |
24 | | supervision, successfully
completed by the petitioner, |
25 | | the following time frames will apply: |
26 | | (i) Those arrests or charges that resulted in |
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1 | | orders of
supervision under Section 3-707, 3-708, |
2 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or |
3 | | a similar provision of a local ordinance, or under |
4 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
5 | | Code of 1961 or the Criminal Code of 2012, or a |
6 | | similar provision of a local ordinance, shall not |
7 | | be eligible for expungement until 5 years have |
8 | | passed following the satisfactory termination of |
9 | | the supervision. |
10 | | (i-5) Those arrests or charges that resulted |
11 | | in orders of supervision for a misdemeanor |
12 | | violation of subsection (a) of Section 11-503 of |
13 | | the Illinois Vehicle Code or a similar provision |
14 | | of a local ordinance, that occurred prior to the |
15 | | offender reaching the age of 25 years and the |
16 | | offender has no other conviction for violating |
17 | | Section 11-501 or 11-503 of the Illinois Vehicle |
18 | | Code or a similar provision of a local ordinance |
19 | | shall not be eligible for expungement until the |
20 | | petitioner has reached the age of 25 years. |
21 | | (ii) Those arrests or charges that resulted in |
22 | | orders
of supervision for any other offenses shall |
23 | | not be
eligible for expungement until 2 years have |
24 | | passed
following the satisfactory termination of |
25 | | the supervision. |
26 | | (C) When the arrest or charge not initiated by |
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1 | | arrest sought to
be expunged resulted in an order of |
2 | | qualified probation, successfully
completed by the |
3 | | petitioner, such records shall not be eligible for
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4 | | expungement until 5 years have passed following the |
5 | | satisfactory
termination of the probation. |
6 | | (3) Those records maintained by the Illinois State |
7 | | Police for
persons arrested prior to their 17th birthday |
8 | | shall be
expunged as provided in Section 5-915 of the |
9 | | Juvenile Court
Act of 1987. |
10 | | (4) Whenever a person has been arrested for or |
11 | | convicted of any
offense, in the name of a person whose |
12 | | identity he or she has stolen or otherwise
come into |
13 | | possession of, the aggrieved person from whom the identity
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14 | | was stolen or otherwise obtained without authorization,
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15 | | upon learning of the person having been arrested using his
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16 | | or her identity, may, upon verified petition to the chief |
17 | | judge of
the circuit wherein the arrest was made, have a |
18 | | court order
entered nunc pro tunc by the Chief Judge to |
19 | | correct the
arrest record, conviction record, if any, and |
20 | | all official
records of the arresting authority, the |
21 | | Illinois State Police, other
criminal justice agencies, |
22 | | the prosecutor, and the trial
court concerning such |
23 | | arrest, if any, by removing his or her name
from all such |
24 | | records in connection with the arrest and
conviction, if |
25 | | any, and by inserting in the records the
name of the |
26 | | offender, if known or ascertainable, in lieu of
the |
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1 | | aggrieved's name. The records of the circuit court clerk |
2 | | shall be sealed until further order of
the court upon good |
3 | | cause shown and the name of the
aggrieved person |
4 | | obliterated on the official index
required to be kept by |
5 | | the circuit court clerk under
Section 16 of the Clerks of |
6 | | Courts Act, but the order shall
not affect any index |
7 | | issued by the circuit court clerk
before the entry of the |
8 | | order. Nothing in this Section
shall limit the Illinois |
9 | | State Police or other
criminal justice agencies or |
10 | | prosecutors from listing
under an offender's name the |
11 | | false names he or she has
used. |
12 | | (5) Whenever a person has been convicted of criminal
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13 | | sexual assault, aggravated criminal sexual assault,
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14 | | predatory criminal sexual assault of a child, criminal
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15 | | sexual abuse, or aggravated criminal sexual abuse, the
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16 | | victim of that offense may request that the State's
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17 | | Attorney of the county in which the conviction occurred
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18 | | file a verified petition with the presiding trial judge at
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19 | | the petitioner's trial to have a court order entered to |
20 | | seal
the records of the circuit court clerk in connection
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21 | | with the proceedings of the trial court concerning that
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22 | | offense. However, the records of the arresting authority
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23 | | and the Illinois State Police concerning the offense
shall |
24 | | not be sealed. The court, upon good cause shown,
shall |
25 | | make the records of the circuit court clerk in
connection |
26 | | with the proceedings of the trial court
concerning the |
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1 | | offense available for public inspection. |
2 | | (6) If a conviction has been set aside on direct |
3 | | review
or on collateral attack and the court determines by |
4 | | clear
and convincing evidence that the petitioner was |
5 | | factually
innocent of the charge, the court that finds the |
6 | | petitioner factually innocent of the charge shall enter an
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7 | | expungement order for the conviction for which the |
8 | | petitioner has been determined to be innocent as provided |
9 | | in subsection (b) of Section
5-5-4 of the Unified Code of |
10 | | Corrections. |
11 | | (7) Nothing in this Section shall prevent the Illinois
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12 | | State Police from maintaining all records of any person |
13 | | who
is admitted to probation upon terms and conditions and |
14 | | who
fulfills those terms and conditions pursuant to |
15 | | Section 10
of the Cannabis Control Act, Section 410 of the |
16 | | Illinois
Controlled Substances Act, Section 70 of the
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17 | | Methamphetamine Control and Community Protection Act,
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18 | | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
19 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
20 | | Section 12-3.05 of the Criminal Code of 1961 or the |
21 | | Criminal Code of 2012, Section 10-102
of the Illinois |
22 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
23 | | the Substance Use Disorder Act, or Section 10 of the |
24 | | Steroid Control Act. |
25 | | (8) If the petitioner has been granted a certificate |
26 | | of innocence under Section 2-702 of the Code of Civil |
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1 | | Procedure, the court that grants the certificate of |
2 | | innocence shall also enter an order expunging the |
3 | | conviction for which the petitioner has been determined to |
4 | | be innocent as provided in subsection (h) of Section 2-702 |
5 | | of the Code of Civil Procedure. |
6 | | (c) Sealing. |
7 | | (1) Applicability. Notwithstanding any other provision |
8 | | of this Act to the contrary, and cumulative with any |
9 | | rights to expungement of criminal records, this subsection |
10 | | authorizes the sealing of criminal records of adults and |
11 | | of minors prosecuted as adults. Subsection (g) of this |
12 | | Section provides for immediate sealing of certain records. |
13 | | (2) Eligible Records. The following records may be |
14 | | sealed: |
15 | | (A) All arrests resulting in release without |
16 | | charging; |
17 | | (B) Arrests or charges not initiated by arrest |
18 | | resulting in acquittal, dismissal, or conviction when |
19 | | the conviction was reversed or vacated, except as |
20 | | excluded by subsection (a)(3)(B); |
21 | | (C) Arrests or charges not initiated by arrest |
22 | | resulting in orders of supervision, including orders |
23 | | of supervision for municipal ordinance violations, |
24 | | successfully completed by the petitioner, unless |
25 | | excluded by subsection (a)(3); |
26 | | (D) Arrests or charges not initiated by arrest |
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1 | | resulting in convictions, including convictions on |
2 | | municipal ordinance violations, unless excluded by |
3 | | subsection (a)(3); |
4 | | (E) Arrests or charges not initiated by arrest |
5 | | resulting in orders of first offender probation under |
6 | | Section 10 of the Cannabis Control Act, Section 410 of |
7 | | the Illinois Controlled Substances Act, Section 70 of |
8 | | the Methamphetamine Control and Community Protection |
9 | | Act, or Section 5-6-3.3 of the Unified Code of |
10 | | Corrections; and |
11 | | (F) Arrests or charges not initiated by arrest |
12 | | resulting in felony convictions unless otherwise |
13 | | excluded by subsection (a) paragraph (3) of this |
14 | | Section. |
15 | | (3) When Records Are Eligible to Be Sealed. Records |
16 | | identified as eligible under subsection (c)(2) may be |
17 | | sealed as follows: |
18 | | (A) Records identified as eligible under |
19 | | subsections subsection (c)(2)(A) and (c)(2)(B) may be |
20 | | sealed at any time. |
21 | | (B) Except as otherwise provided in subparagraph |
22 | | (E) of this paragraph (3), records identified as |
23 | | eligible under subsection (c)(2)(C) may be sealed
2 |
24 | | years after the termination of petitioner's last |
25 | | sentence (as defined in subsection (a)(1)(F)). |
26 | | (C) Except as otherwise provided in subparagraph |
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1 | | (E) of this paragraph (3), records identified as |
2 | | eligible under subsections (c)(2)(D), (c)(2)(E), and |
3 | | (c)(2)(F) may be sealed 3 years after the termination |
4 | | of the petitioner's last sentence (as defined in |
5 | | subsection (a)(1)(F)). Convictions requiring public |
6 | | registration under the Arsonist Registration Act, the |
7 | | Sex Offender Registration Act, or the Murderer and |
8 | | Violent Offender Against Youth Registration Act may |
9 | | not be sealed until the petitioner is no longer |
10 | | required to register under that relevant Act. |
11 | | (D) Records identified in subsection |
12 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
13 | | reached the age of 25 years. |
14 | | (E) Records identified as eligible under |
15 | | subsection subsections (c)(2)(C), (c)(2)(D), |
16 | | (c)(2)(E), or (c)(2)(F) may be sealed upon termination |
17 | | of the petitioner's last sentence if the petitioner |
18 | | earned a high school diploma, associate's degree, |
19 | | career certificate, vocational technical |
20 | | certification, or bachelor's degree, or passed the |
21 | | high school level Test of General Educational |
22 | | Development, during the period of his or her sentence |
23 | | or mandatory supervised release. This subparagraph |
24 | | shall apply only to a petitioner who has not completed |
25 | | the same educational goal prior to the period of his or |
26 | | her sentence or mandatory supervised release. If a |
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1 | | petition for sealing eligible records filed under this |
2 | | subparagraph is denied by the court, the time periods |
3 | | under subparagraph (B) or (C) shall apply to any |
4 | | subsequent petition for sealing filed by the |
5 | | petitioner. |
6 | | (4) Subsequent felony convictions. A person may not |
7 | | have
subsequent felony conviction records sealed as |
8 | | provided in this subsection
(c) if he or she is convicted |
9 | | of any felony offense after the date of the
sealing of |
10 | | prior felony convictions as provided in this subsection |
11 | | (c). The court may, upon conviction for a subsequent |
12 | | felony offense, order the unsealing of prior felony |
13 | | conviction records previously ordered sealed by the court. |
14 | | (5) Notice of eligibility for sealing. Upon entry of a |
15 | | disposition for an eligible record under this subsection |
16 | | (c), the petitioner shall be informed by the court of the |
17 | | right to have the records sealed and the procedures for |
18 | | the sealing of the records. |
19 | | (d) Procedure. The following procedures apply to |
20 | | expungement under subsections (b), (e), and (e-6) and sealing |
21 | | under subsections (c) and (e-5): |
22 | | (1) Filing the petition. Upon becoming eligible to |
23 | | petition for
the expungement or sealing of records under |
24 | | this Section, the petitioner shall file a petition |
25 | | requesting the expungement
or sealing of records with the |
26 | | clerk of the court where the arrests occurred or the |
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1 | | charges were brought, or both. If arrests occurred or |
2 | | charges were brought in multiple jurisdictions, a petition |
3 | | must be filed in each such jurisdiction. The petitioner |
4 | | shall pay the applicable fee, except no fee shall be |
5 | | required if the petitioner has obtained a court order |
6 | | waiving fees under Supreme Court Rule 298 or it is |
7 | | otherwise waived. |
8 | | (1.5) County fee waiver pilot program.
From August 9, |
9 | | 2019 (the effective date of Public Act 101-306) through |
10 | | December 31, 2020, in a county of 3,000,000 or more |
11 | | inhabitants, no fee shall be required to be paid by a |
12 | | petitioner if the records sought to be expunged or sealed |
13 | | were arrests resulting in release without charging or |
14 | | arrests or charges not initiated by arrest resulting in |
15 | | acquittal, dismissal, or conviction when the conviction |
16 | | was reversed or vacated, unless excluded by subsection |
17 | | (a)(3)(B). The provisions of this paragraph (1.5), other |
18 | | than this sentence, are inoperative on and after January |
19 | | 1, 2022. |
20 | | (2) Contents of petition. The petition shall be
|
21 | | verified and shall contain the petitioner's name, date of
|
22 | | birth, current address and, for each arrest or charge not |
23 | | initiated by
arrest sought to be sealed or expunged, the |
24 | | case number, the date of
arrest (if any), the identity of |
25 | | the arresting authority, and such
other information as the |
26 | | court may require. During the pendency
of the proceeding, |
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1 | | the petitioner shall promptly notify the
circuit court |
2 | | clerk of any change of his or her address. If the |
3 | | petitioner has received a certificate of eligibility for |
4 | | sealing from the Prisoner Review Board under paragraph |
5 | | (10) of subsection (a) of Section 3-3-2 of the Unified |
6 | | Code of Corrections, the certificate shall be attached to |
7 | | the petition. |
8 | | (3) Drug test. The petitioner must attach to the |
9 | | petition proof that the petitioner has taken within 30 |
10 | | days before the filing of the petition a test showing the |
11 | | absence within his or her body of all illegal substances |
12 | | as defined by the Illinois Controlled Substances Act and |
13 | | the Methamphetamine Control and Community Protection Act |
14 | | if he or she is petitioning to: |
15 | | (A) seal felony records under clause (c)(2)(E); |
16 | | (B) seal felony records for a violation of the |
17 | | Illinois Controlled Substances Act, the |
18 | | Methamphetamine Control and Community Protection Act, |
19 | | or the Cannabis Control Act under clause (c)(2)(F); |
20 | | (C) seal felony records under subsection (e-5); or |
21 | | (D) expunge felony records of a qualified |
22 | | probation under clause (b)(1)(iv). |
23 | | (4) Service of petition. The circuit court clerk shall |
24 | | promptly
serve a copy of the petition and documentation to |
25 | | support the petition under subsection (e-5) or (e-6) on |
26 | | the State's Attorney or
prosecutor charged with the duty |
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1 | | of prosecuting the
offense, the Illinois State Police, the |
2 | | arresting
agency and the chief legal officer of the unit |
3 | | of local
government effecting the arrest. |
4 | | (5) Objections. |
5 | | (A) Any party entitled to notice of the petition |
6 | | may file an objection to the petition. All objections |
7 | | shall be in writing, shall be filed with the circuit |
8 | | court clerk, and shall state with specificity the |
9 | | basis of the objection. Whenever a person who has been |
10 | | convicted of an offense is granted
a pardon by the |
11 | | Governor which specifically authorizes expungement, an |
12 | | objection to the petition may not be filed. |
13 | | (B) Objections to a petition to expunge or seal |
14 | | must be filed within 60 days of the date of service of |
15 | | the petition. |
16 | | (6) Entry of order. |
17 | | (A) The Chief Judge of the circuit wherein the |
18 | | charge was brought, any judge of that circuit |
19 | | designated by the Chief Judge, or in counties of less |
20 | | than 3,000,000 inhabitants, the presiding trial judge |
21 | | at the petitioner's trial, if any, shall rule on the |
22 | | petition to expunge or seal as set forth in this |
23 | | subsection (d)(6). |
24 | | (B) Unless the State's Attorney or prosecutor, the |
25 | | Illinois
State Police, the arresting agency, or the |
26 | | chief legal officer
files an objection to the petition |
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1 | | to expunge or seal within 60 days from the date of |
2 | | service of the petition, the court shall enter an |
3 | | order granting or denying the petition. |
4 | | (C) Notwithstanding any other provision of law, |
5 | | the court shall not deny a petition for sealing under |
6 | | this Section because the petitioner has not satisfied |
7 | | an outstanding legal financial obligation established, |
8 | | imposed, or originated by a court, law enforcement |
9 | | agency, or a municipal, State, county, or other unit |
10 | | of local government, including, but not limited to, |
11 | | any cost, assessment, fine, or fee. An outstanding |
12 | | legal financial obligation does not include any court |
13 | | ordered restitution to a victim under Section 5-5-6 of |
14 | | the Unified Code of Corrections, unless the |
15 | | restitution has been converted to a civil judgment. |
16 | | Nothing in this subparagraph (C) waives, rescinds, or |
17 | | abrogates a legal financial obligation or otherwise |
18 | | eliminates or affects the right of the holder of any |
19 | | financial obligation to pursue collection under |
20 | | applicable federal, State, or local law. |
21 | | (D) Notwithstanding any other provision of law,
|
22 | | the court shall not deny a petition to expunge or seal |
23 | | under this Section because the petitioner has |
24 | | submitted a drug test taken within 30 days before the |
25 | | filing of the petition to expunge or seal that |
26 | | indicates a positive test for the presence of cannabis |
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1 | | within the petitioner's body. In this subparagraph |
2 | | (D), "cannabis" has the meaning ascribed to it in |
3 | | Section 3 of the Cannabis Control Act. |
4 | | (7) Hearings. If an objection is filed, the court |
5 | | shall set a date for a hearing and notify the petitioner |
6 | | and all parties entitled to notice of the petition of the |
7 | | hearing date at least 30 days prior to the hearing. Prior |
8 | | to the hearing, the State's Attorney shall consult with |
9 | | the Illinois State Police as to the appropriateness of the |
10 | | relief sought in the petition to expunge or seal. At the |
11 | | hearing, the court shall hear evidence on whether the |
12 | | petition should or should not be granted, and shall grant |
13 | | or deny the petition to expunge or seal the records based |
14 | | on the evidence presented at the hearing. The court may |
15 | | consider the following: |
16 | | (A) the strength of the evidence supporting the |
17 | | defendant's conviction; |
18 | | (B) the reasons for retention of the conviction |
19 | | records by the State; |
20 | | (C) the petitioner's age, criminal record history, |
21 | | and employment history; |
22 | | (D) the period of time between the petitioner's |
23 | | arrest on the charge resulting in the conviction and |
24 | | the filing of the petition under this Section; and |
25 | | (E) the specific adverse consequences the |
26 | | petitioner may be subject to if the petition is |
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1 | | denied. |
2 | | (8) Service of order. After entering an order to |
3 | | expunge or
seal records, the court must provide copies of |
4 | | the order to the
Illinois State Police, in a form and |
5 | | manner prescribed by the Illinois State Police,
to the |
6 | | petitioner, to the State's Attorney or prosecutor
charged |
7 | | with the duty of prosecuting the offense, to the
arresting |
8 | | agency, to the chief legal officer of the unit of
local |
9 | | government effecting the arrest, and to such other
|
10 | | criminal justice agencies as may be ordered by the court. |
11 | | (9) Implementation of order. |
12 | | (A) Upon entry of an order to expunge records |
13 | | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or |
14 | | both: |
15 | | (i) the records shall be expunged (as defined |
16 | | in subsection (a)(1)(E)) by the arresting agency, |
17 | | the Illinois State Police, and any other agency as |
18 | | ordered by the court, within 60 days of the date of |
19 | | service of the order, unless a motion to vacate, |
20 | | modify, or reconsider the order is filed pursuant |
21 | | to paragraph (12) of subsection (d) of this |
22 | | Section; |
23 | | (ii) the records of the circuit court clerk |
24 | | shall be impounded until further order of the |
25 | | court upon good cause shown and the name of the |
26 | | petitioner obliterated on the official index |
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1 | | required to be kept by the circuit court clerk |
2 | | under Section 16 of the Clerks of Courts Act, but |
3 | | the order shall not affect any index issued by the |
4 | | circuit court clerk before the entry of the order; |
5 | | and |
6 | | (iii) in response to an inquiry for expunged |
7 | | records, the court, the Illinois State Police, or |
8 | | the agency receiving such inquiry, shall reply as |
9 | | it does in response to inquiries when no records |
10 | | ever existed. |
11 | | (B) Upon entry of an order to expunge records |
12 | | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or |
13 | | both: |
14 | | (i) the records shall be expunged (as defined |
15 | | in subsection (a)(1)(E)) by the arresting agency |
16 | | and any other agency as ordered by the court, |
17 | | within 60 days of the date of service of the order, |
18 | | unless a motion to vacate, modify, or reconsider |
19 | | the order is filed pursuant to paragraph (12) of |
20 | | subsection (d) of this Section; |
21 | | (ii) the records of the circuit court clerk |
22 | | shall be impounded until further order of the |
23 | | court upon good cause shown and the name of the |
24 | | petitioner obliterated on the official index |
25 | | required to be kept by the circuit court clerk |
26 | | under Section 16 of the Clerks of Courts Act, but |
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1 | | the order shall not affect any index issued by the |
2 | | circuit court clerk before the entry of the order; |
3 | | (iii) the records shall be impounded by the
|
4 | | Illinois State Police within 60 days of the date |
5 | | of service of the order as ordered by the court, |
6 | | unless a motion to vacate, modify, or reconsider |
7 | | the order is filed pursuant to paragraph (12) of |
8 | | subsection (d) of this Section; |
9 | | (iv) records impounded by the Illinois State |
10 | | Police may be disseminated by the Illinois State |
11 | | Police only as required by law or to the arresting |
12 | | authority, the State's Attorney, and the court |
13 | | upon a later arrest for the same or a similar |
14 | | offense or for the purpose of sentencing for any |
15 | | subsequent felony, and to the Department of |
16 | | Corrections upon conviction for any offense; and |
17 | | (v) in response to an inquiry for such records |
18 | | from anyone not authorized by law to access such |
19 | | records, the court, the Illinois State Police, or |
20 | | the agency receiving such inquiry shall reply as |
21 | | it does in response to inquiries when no records |
22 | | ever existed. |
23 | | (B-5) Upon entry of an order to expunge records |
24 | | under subsection (e-6): |
25 | | (i) the records shall be expunged (as defined |
26 | | in subsection (a)(1)(E)) by the arresting agency |
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1 | | and any other agency as ordered by the court, |
2 | | within 60 days of the date of service of the order, |
3 | | unless a motion to vacate, modify, or reconsider |
4 | | the order is filed under paragraph (12) of |
5 | | subsection (d) of this Section; |
6 | | (ii) the records of the circuit court clerk |
7 | | shall be impounded until further order of the |
8 | | court upon good cause shown and the name of the |
9 | | petitioner obliterated on the official index |
10 | | required to be kept by the circuit court clerk |
11 | | under Section 16 of the Clerks of Courts Act, but |
12 | | the order shall not affect any index issued by the |
13 | | circuit court clerk before the entry of the order; |
14 | | (iii) the records shall be impounded by the
|
15 | | Illinois State Police within 60 days of the date |
16 | | of service of the order as ordered by the court, |
17 | | unless a motion to vacate, modify, or reconsider |
18 | | the order is filed under paragraph (12) of |
19 | | subsection (d) of this Section; |
20 | | (iv) records impounded by the Illinois State |
21 | | Police may be disseminated by the Illinois State |
22 | | Police only as required by law or to the arresting |
23 | | authority, the State's Attorney, and the court |
24 | | upon a later arrest for the same or a similar |
25 | | offense or for the purpose of sentencing for any |
26 | | subsequent felony, and to the Department of |
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1 | | Corrections upon conviction for any offense; and |
2 | | (v) in response to an inquiry for these |
3 | | records from anyone not authorized by law to |
4 | | access the records, the court, the Illinois State |
5 | | Police, or the agency receiving the inquiry shall |
6 | | reply as it does in response to inquiries when no |
7 | | records ever existed. |
8 | | (C) Upon entry of an order to seal records under |
9 | | subsection
(c), the arresting agency, any other agency |
10 | | as ordered by the court, the Illinois State Police, |
11 | | and the court shall seal the records (as defined in |
12 | | subsection (a)(1)(K)). In response to an inquiry for |
13 | | such records, from anyone not authorized by law to |
14 | | access such records, the court, the Illinois State |
15 | | Police, or the agency receiving such inquiry shall |
16 | | reply as it does in response to inquiries when no |
17 | | records ever existed. |
18 | | (D) The Illinois State Police shall send written |
19 | | notice to the petitioner of its compliance with each |
20 | | order to expunge or seal records within 60 days of the |
21 | | date of service of that order or, if a motion to |
22 | | vacate, modify, or reconsider is filed, within 60 days |
23 | | of service of the order resolving the motion, if that |
24 | | order requires the Illinois State Police to expunge or |
25 | | seal records. In the event of an appeal from the |
26 | | circuit court order, the Illinois State Police shall |
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1 | | send written notice to the petitioner of its |
2 | | compliance with an Appellate Court or Supreme Court |
3 | | judgment to expunge or seal records within 60 days of |
4 | | the issuance of the court's mandate. The notice is not |
5 | | required while any motion to vacate, modify, or |
6 | | reconsider, or any appeal or petition for |
7 | | discretionary appellate review, is pending. |
8 | | (E) Upon motion, the court may order that a sealed |
9 | | judgment or other court record necessary to |
10 | | demonstrate the amount of any legal financial |
11 | | obligation due and owing be made available for the |
12 | | limited purpose of collecting any legal financial |
13 | | obligations owed by the petitioner that were |
14 | | established, imposed, or originated in the criminal |
15 | | proceeding for which those records have been sealed. |
16 | | The records made available under this subparagraph (E) |
17 | | shall not be entered into the official index required |
18 | | to be kept by the circuit court clerk under Section 16 |
19 | | of the Clerks of Courts Act and shall be immediately |
20 | | re-impounded upon the collection of the outstanding |
21 | | financial obligations. |
22 | | (F) Notwithstanding any other provision of this |
23 | | Section, a circuit court clerk may access a sealed |
24 | | record for the limited purpose of collecting payment |
25 | | for any legal financial obligations that were |
26 | | established, imposed, or originated in the criminal |
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1 | | proceedings for which those records have been sealed. |
2 | | (10) Fees. The Illinois State Police may charge the |
3 | | petitioner a fee equivalent to the cost of processing any |
4 | | order to expunge or seal records. Notwithstanding any |
5 | | provision of the Clerks of Courts Act to the contrary, the |
6 | | circuit court clerk may charge a fee equivalent to the |
7 | | cost associated with the sealing or expungement of records |
8 | | by the circuit court clerk. From the total filing fee |
9 | | collected for the petition to seal or expunge, the circuit |
10 | | court clerk shall deposit $10 into the Circuit Court Clerk |
11 | | Operation and Administrative Fund, to be used to offset |
12 | | the costs incurred by the circuit court clerk in |
13 | | performing the additional duties required to serve the |
14 | | petition to seal or expunge on all parties. The circuit |
15 | | court clerk shall collect and remit the Illinois State |
16 | | Police portion of the fee to the State Treasurer and it |
17 | | shall be deposited in the State Police Services Fund. If |
18 | | the record brought under an expungement petition was |
19 | | previously sealed under this Section, the fee for the |
20 | | expungement petition for that same record shall be waived. |
21 | | (11) Final Order. No court order issued under the |
22 | | expungement or sealing provisions of this Section shall |
23 | | become final for purposes of appeal until 30 days after |
24 | | service of the order on the petitioner and all parties |
25 | | entitled to notice of the petition. |
26 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
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1 | | Section 2-1203 of the Code of Civil Procedure, the |
2 | | petitioner or any party entitled to notice may file a |
3 | | motion to vacate, modify, or reconsider the order granting |
4 | | or denying the petition to expunge or seal within 60 days |
5 | | of service of the order. If filed more than 60 days after |
6 | | service of the order, a petition to vacate, modify, or |
7 | | reconsider shall comply with subsection (c) of Section |
8 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
9 | | motion to vacate, modify, or reconsider, notice of the |
10 | | motion shall be served upon the petitioner and all parties |
11 | | entitled to notice of the petition. |
12 | | (13) Effect of Order. An order granting a petition |
13 | | under the expungement or sealing provisions of this |
14 | | Section shall not be considered void because it fails to |
15 | | comply with the provisions of this Section or because of |
16 | | any error asserted in a motion to vacate, modify, or |
17 | | reconsider. The circuit court retains jurisdiction to |
18 | | determine whether the order is voidable and to vacate, |
19 | | modify, or reconsider its terms based on a motion filed |
20 | | under paragraph (12) of this subsection (d). |
21 | | (14) Compliance with Order Granting Petition to Seal |
22 | | Records. Unless a court has entered a stay of an order |
23 | | granting a petition to seal, all parties entitled to |
24 | | notice of the petition must fully comply with the terms of |
25 | | the order within 60 days of service of the order even if a |
26 | | party is seeking relief from the order through a motion |
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1 | | filed under paragraph (12) of this subsection (d) or is |
2 | | appealing the order. |
3 | | (15) Compliance with Order Granting Petition to |
4 | | Expunge Records. While a party is seeking relief from the |
5 | | order granting the petition to expunge through a motion |
6 | | filed under paragraph (12) of this subsection (d) or is |
7 | | appealing the order, and unless a court has entered a stay |
8 | | of that order, the parties entitled to notice of the |
9 | | petition must seal, but need not expunge, the records |
10 | | until there is a final order on the motion for relief or, |
11 | | in the case of an appeal, the issuance of that court's |
12 | | mandate. |
13 | | (16) The changes to this subsection (d) made by Public |
14 | | Act 98-163 apply to all petitions pending on August 5, |
15 | | 2013 (the effective date of Public Act 98-163) and to all |
16 | | orders ruling on a petition to expunge or seal on or after |
17 | | August 5, 2013 (the effective date of Public Act 98-163). |
18 | | (e) Whenever a person who has been convicted of an offense |
19 | | is granted
a pardon by the Governor which specifically |
20 | | authorizes expungement, he or she may,
upon verified petition |
21 | | to the Chief Judge of the circuit where the person had
been |
22 | | convicted, any judge of the circuit designated by the Chief |
23 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
24 | | presiding trial judge at the
defendant's trial, have a court |
25 | | order entered expunging the record of
arrest from the official |
26 | | records of the arresting authority and order that the
records |
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1 | | of the circuit court clerk and the Illinois State Police be |
2 | | sealed until
further order of the court upon good cause shown |
3 | | or as otherwise provided
herein, and the name of the defendant |
4 | | obliterated from the official index
requested to be kept by |
5 | | the circuit court clerk under Section 16 of the Clerks
of |
6 | | Courts Act in connection with the arrest and conviction for |
7 | | the offense for
which he or she had been pardoned but the order |
8 | | shall not affect any index issued by
the circuit court clerk |
9 | | before the entry of the order. All records sealed by
the |
10 | | Illinois State Police may be disseminated by the Illinois |
11 | | State Police only to the arresting authority, the State's |
12 | | Attorney, and the court upon a later
arrest for the same or |
13 | | similar offense or for the purpose of sentencing for any
|
14 | | subsequent felony. Upon conviction for any subsequent offense, |
15 | | the Department
of Corrections shall have access to all sealed |
16 | | records of the Illinois State Police
pertaining to that |
17 | | individual. Upon entry of the order of expungement, the
|
18 | | circuit court clerk shall promptly mail a copy of the order to |
19 | | the
person who was pardoned. |
20 | | (e-5) Whenever a person who has been convicted of an |
21 | | offense is granted a certificate of eligibility for sealing by |
22 | | the Prisoner Review Board which specifically authorizes |
23 | | sealing, he or she may, upon verified petition to the Chief |
24 | | Judge of the circuit where the person had been convicted, any |
25 | | judge of the circuit designated by the Chief Judge, or in |
26 | | counties of less than 3,000,000 inhabitants, the presiding |
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1 | | trial judge at the petitioner's trial, have a court order |
2 | | entered sealing the record of arrest from the official records |
3 | | of the arresting authority and order that the records of the |
4 | | circuit court clerk and the Illinois State Police be sealed |
5 | | until further order of the court upon good cause shown or as |
6 | | otherwise provided herein, and the name of the petitioner |
7 | | obliterated from the official index requested to be kept by |
8 | | the circuit court clerk under Section 16 of the Clerks of |
9 | | Courts Act in connection with the arrest and conviction for |
10 | | the offense for which he or she had been granted the |
11 | | certificate but the order shall not affect any index issued by |
12 | | the circuit court clerk before the entry of the order. All |
13 | | records sealed by the Illinois State Police may be |
14 | | disseminated by the Illinois State Police only as required by |
15 | | this Act or to the arresting authority, a law enforcement |
16 | | agency, the State's Attorney, and the court upon a later |
17 | | arrest for the same or similar offense or for the purpose of |
18 | | sentencing for any subsequent felony. Upon conviction for any |
19 | | subsequent offense, the Department of Corrections shall have |
20 | | access to all sealed records of the Illinois State Police |
21 | | pertaining to that individual. Upon entry of the order of |
22 | | sealing, the circuit court clerk shall promptly mail a copy of |
23 | | the order to the person who was granted the certificate of |
24 | | eligibility for sealing. |
25 | | (e-6) Whenever a person who has been convicted of an |
26 | | offense is granted a certificate of eligibility for |
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1 | | expungement by the Prisoner Review Board which specifically |
2 | | authorizes expungement, he or she may, upon verified petition |
3 | | to the Chief Judge of the circuit where the person had been |
4 | | convicted, any judge of the circuit designated by the Chief |
5 | | Judge, or in counties of less than 3,000,000 inhabitants, the |
6 | | presiding trial judge at the petitioner's trial, have a court |
7 | | order entered expunging the record of arrest from the official |
8 | | records of the arresting authority and order that the records |
9 | | of the circuit court clerk and the Illinois State Police be |
10 | | sealed until further order of the court upon good cause shown |
11 | | or as otherwise provided herein, and the name of the |
12 | | petitioner obliterated from the official index requested to be |
13 | | kept by the circuit court clerk under Section 16 of the Clerks |
14 | | of Courts Act in connection with the arrest and conviction for |
15 | | the offense for which he or she had been granted the |
16 | | certificate but the order shall not affect any index issued by |
17 | | the circuit court clerk before the entry of the order. All |
18 | | records sealed by the Illinois State Police may be |
19 | | disseminated by the Illinois State Police only as required by |
20 | | this Act or to the arresting authority, a law enforcement |
21 | | agency, the State's Attorney, and the court upon a later |
22 | | arrest for the same or similar offense or for the purpose of |
23 | | sentencing for any subsequent felony. Upon conviction for any |
24 | | subsequent offense, the Department of Corrections shall have |
25 | | access to all expunged records of the Illinois State Police |
26 | | pertaining to that individual. Upon entry of the order of |
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1 | | expungement, the circuit court clerk shall promptly mail a |
2 | | copy of the order to the person who was granted the certificate |
3 | | of eligibility for expungement. |
4 | | (f) Subject to available funding, the Illinois Department
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5 | | of Corrections shall conduct a study of the impact of sealing,
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6 | | especially on employment and recidivism rates, utilizing a
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7 | | random sample of those who apply for the sealing of their
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8 | | criminal records under Public Act 93-211. At the request of |
9 | | the
Illinois Department of Corrections, records of the |
10 | | Illinois
Department of Employment Security shall be utilized |
11 | | as
appropriate to assist in the study. The study shall not
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12 | | disclose any data in a manner that would allow the
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13 | | identification of any particular individual or employing unit.
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14 | | The study shall be made available to the General Assembly no
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15 | | later than September 1, 2010.
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16 | | (g) Immediate Sealing. |
17 | | (1) Applicability. Notwithstanding any other provision |
18 | | of this Act to the contrary, and cumulative with any |
19 | | rights to expungement or sealing of criminal records, this |
20 | | subsection authorizes the immediate sealing of criminal |
21 | | records of adults and of minors prosecuted as adults. |
22 | | (2) Eligible Records. Arrests or charges not initiated |
23 | | by arrest resulting in acquittal or dismissal with |
24 | | prejudice, except as excluded by subsection (a)(3)(B), |
25 | | that occur on or after January 1, 2018 (the effective date |
26 | | of Public Act 100-282), may be sealed immediately if the |
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1 | | petition is filed with the circuit court clerk on the same |
2 | | day and during the same hearing in which the case is |
3 | | disposed. |
4 | | (3) When Records are Eligible to be Immediately |
5 | | Sealed. Eligible records under paragraph (2) of this |
6 | | subsection (g) may be sealed immediately after entry of |
7 | | the final disposition of a case, notwithstanding the |
8 | | disposition of other charges in the same case. |
9 | | (4) Notice of Eligibility for Immediate Sealing. Upon |
10 | | entry of a disposition for an eligible record under this |
11 | | subsection (g), the defendant shall be informed by the |
12 | | court of his or her right to have eligible records |
13 | | immediately sealed and the procedure for the immediate |
14 | | sealing of these records. |
15 | | (5) Procedure. The following procedures apply to |
16 | | immediate sealing under this subsection (g). |
17 | | (A) Filing the Petition. Upon entry of the final |
18 | | disposition of the case, the defendant's attorney may |
19 | | immediately petition the court, on behalf of the |
20 | | defendant, for immediate sealing of eligible records |
21 | | under paragraph (2) of this subsection (g) that are |
22 | | entered on or after January 1, 2018 (the effective |
23 | | date of Public Act 100-282). The immediate sealing |
24 | | petition may be filed with the circuit court clerk |
25 | | during the hearing in which the final disposition of |
26 | | the case is entered. If the defendant's attorney does |
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1 | | not file the petition for immediate sealing during the |
2 | | hearing, the defendant may file a petition for sealing |
3 | | at any time as authorized under subsection (c)(3)(A). |
4 | | (B) Contents of Petition. The immediate sealing |
5 | | petition shall be verified and shall contain the |
6 | | petitioner's name, date of birth, current address, and |
7 | | for each eligible record, the case number, the date of |
8 | | arrest if applicable, the identity of the arresting |
9 | | authority if applicable, and other information as the |
10 | | court may require. |
11 | | (C) Drug Test. The petitioner shall not be |
12 | | required to attach proof that he or she has passed a |
13 | | drug test. |
14 | | (D) Service of Petition. A copy of the petition |
15 | | shall be served on the State's Attorney in open court. |
16 | | The petitioner shall not be required to serve a copy of |
17 | | the petition on any other agency. |
18 | | (E) Entry of Order. The presiding trial judge |
19 | | shall enter an order granting or denying the petition |
20 | | for immediate sealing during the hearing in which it |
21 | | is filed. Petitions for immediate sealing shall be |
22 | | ruled on in the same hearing in which the final |
23 | | disposition of the case is entered. |
24 | | (F) Hearings. The court shall hear the petition |
25 | | for immediate sealing on the same day and during the |
26 | | same hearing in which the disposition is rendered. |
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1 | | (G) Service of Order. An order to immediately seal |
2 | | eligible records shall be served in conformance with |
3 | | subsection (d)(8). |
4 | | (H) Implementation of Order. An order to |
5 | | immediately seal records shall be implemented in |
6 | | conformance with subsections (d)(9)(C) and (d)(9)(D). |
7 | | (I) Fees. The fee imposed by the circuit court |
8 | | clerk and the Illinois State Police shall comply with |
9 | | paragraph (1) of subsection (d) of this Section. |
10 | | (J) Final Order. No court order issued under this |
11 | | subsection (g) shall become final for purposes of |
12 | | appeal until 30 days after service of the order on the |
13 | | petitioner and all parties entitled to service of the |
14 | | order in conformance with subsection (d)(8). |
15 | | (K) Motion to Vacate, Modify, or Reconsider. Under |
16 | | Section 2-1203 of the Code of Civil Procedure, the |
17 | | petitioner, State's Attorney, or the Illinois State |
18 | | Police may file a motion to vacate, modify, or |
19 | | reconsider the order denying the petition to |
20 | | immediately seal within 60 days of service of the |
21 | | order. If filed more than 60 days after service of the |
22 | | order, a petition to vacate, modify, or reconsider |
23 | | shall comply with subsection (c) of Section 2-1401 of |
24 | | the Code of Civil Procedure. |
25 | | (L) Effect of Order. An order granting an |
26 | | immediate sealing petition shall not be considered |
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1 | | void because it fails to comply with the provisions of |
2 | | this Section or because of an error asserted in a |
3 | | motion to vacate, modify, or reconsider. The circuit |
4 | | court retains jurisdiction to determine whether the |
5 | | order is voidable, and to vacate, modify, or |
6 | | reconsider its terms based on a motion filed under |
7 | | subparagraph (L) of this subsection (g). |
8 | | (M) Compliance with Order Granting Petition to |
9 | | Seal Records. Unless a court has entered a stay of an |
10 | | order granting a petition to immediately seal, all |
11 | | parties entitled to service of the order must fully |
12 | | comply with the terms of the order within 60 days of |
13 | | service of the order. |
14 | | (h) Sealing; trafficking victims. |
15 | | (1) A trafficking victim as defined by paragraph (10) |
16 | | of subsection (a) of Section 10-9 of the Criminal Code of |
17 | | 2012 shall be eligible to petition for immediate sealing |
18 | | of his or her criminal record upon the completion of his or |
19 | | her last sentence if his or her participation in the |
20 | | underlying offense was a direct result of human |
21 | | trafficking under Section 10-9 of the Criminal Code of |
22 | | 2012 or a severe form of trafficking under the federal |
23 | | Trafficking Victims Protection Act. |
24 | | (2) A petitioner under this subsection (h), in |
25 | | addition to the requirements provided under paragraph (4) |
26 | | of subsection (d) of this Section, shall include in his or |
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1 | | her petition a clear and concise statement that: (A) he or |
2 | | she was a victim of human trafficking at the time of the |
3 | | offense; and (B) that his or her participation in the |
4 | | offense was a direct result of human trafficking under |
5 | | Section 10-9 of the Criminal Code of 2012 or a severe form |
6 | | of trafficking under the federal Trafficking Victims |
7 | | Protection Act. |
8 | | (3) If an objection is filed alleging that the |
9 | | petitioner is not entitled to immediate sealing under this |
10 | | subsection (h), the court shall conduct a hearing under |
11 | | paragraph (7) of subsection (d) of this Section and the |
12 | | court shall determine whether the petitioner is entitled |
13 | | to immediate sealing under this subsection (h). A |
14 | | petitioner is eligible for immediate relief under this |
15 | | subsection (h) if he or she shows, by a preponderance of |
16 | | the evidence, that: (A) he or she was a victim of human |
17 | | trafficking at the time of the offense; and (B) that his or |
18 | | her participation in the offense was a direct result of |
19 | | human trafficking under Section 10-9 of the Criminal Code |
20 | | of 2012 or a severe form of trafficking under the federal |
21 | | Trafficking Victims Protection Act. |
22 | | (i) Minor Cannabis Offenses under the Cannabis Control |
23 | | Act. |
24 | | (1) Expungement of Arrest Records of Minor Cannabis |
25 | | Offenses. |
26 | | (A) The Illinois State Police and all law |
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1 | | enforcement agencies within the State shall |
2 | | automatically expunge all criminal history records of |
3 | | an arrest, charge not initiated by arrest, order of |
4 | | supervision, or order of qualified probation for a |
5 | | Minor Cannabis Offense committed prior to June 25, |
6 | | 2019 (the effective date of Public Act 101-27) if: |
7 | | (i) One year or more has elapsed since the |
8 | | date of the arrest or law enforcement interaction |
9 | | documented in the records; and |
10 | | (ii) No criminal charges were filed relating |
11 | | to the arrest or law enforcement interaction or |
12 | | criminal charges were filed and subsequently |
13 | | dismissed or vacated or the arrestee was |
14 | | acquitted. |
15 | | (B) If the law enforcement agency is unable to |
16 | | verify satisfaction of condition (ii) in paragraph |
17 | | (A), records that satisfy condition (i) in paragraph |
18 | | (A) shall be automatically expunged. |
19 | | (C) Records shall be expunged by the law |
20 | | enforcement agency under the following timelines: |
21 | | (i) Records created prior to June 25, 2019 |
22 | | (the effective date of Public Act 101-27), but on |
23 | | or after January 1, 2013, shall be automatically |
24 | | expunged prior to January 1, 2021; |
25 | | (ii) Records created prior to January 1, 2013, |
26 | | but on or after January 1, 2000, shall be |
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1 | | automatically expunged prior to January 1, 2023; |
2 | | (iii) Records created prior to January 1, 2000 |
3 | | shall be automatically expunged prior to January |
4 | | 1, 2025. |
5 | | In response to an inquiry for expunged records, |
6 | | the law enforcement agency receiving such inquiry |
7 | | shall reply as it does in response to inquiries when no |
8 | | records ever existed; however, it shall provide a |
9 | | certificate of disposition or confirmation that the |
10 | | record was expunged to the individual whose record was |
11 | | expunged if such a record exists. |
12 | | (D) Nothing in this Section shall be construed to |
13 | | restrict or modify an individual's right to have that |
14 | | individual's records expunged except as otherwise may |
15 | | be provided in this Act, or diminish or abrogate any |
16 | | rights or remedies otherwise available to the |
17 | | individual. |
18 | | (2) Pardons Authorizing Expungement of Minor Cannabis |
19 | | Offenses. |
20 | | (A) Upon June 25, 2019 (the effective date of |
21 | | Public Act 101-27), the Department of State Police |
22 | | shall review all criminal history record information |
23 | | and identify all records that meet all of the |
24 | | following criteria: |
25 | | (i) one or more convictions for a Minor |
26 | | Cannabis Offense; |
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1 | | (ii) the conviction identified in paragraph |
2 | | (2)(A)(i) did not include a penalty enhancement |
3 | | under Section 7 of the Cannabis Control Act; and |
4 | | (iii) the conviction identified in paragraph |
5 | | (2)(A)(i) is not associated with a conviction for |
6 | | a violent crime as defined in subsection (c) of |
7 | | Section 3 of the Rights of Crime Victims and |
8 | | Witnesses Act. |
9 | | (B) Within 180 days after June 25, 2019 (the |
10 | | effective date of Public Act 101-27), the Department |
11 | | of State Police shall notify the Prisoner Review Board |
12 | | of all such records that meet the criteria established |
13 | | in paragraph (2)(A). |
14 | | (i) The Prisoner Review Board shall notify the |
15 | | State's Attorney of the county of conviction of |
16 | | each record identified by State Police in |
17 | | paragraph (2)(A) that is classified as a Class 4 |
18 | | felony. The State's Attorney may provide a written |
19 | | objection to the Prisoner Review Board on the sole |
20 | | basis that the record identified does not meet the |
21 | | criteria established in paragraph (2)(A). Such an |
22 | | objection must be filed within 60 days or by such |
23 | | later date set by the Prisoner Review Board in the |
24 | | notice after the State's Attorney received notice |
25 | | from the Prisoner Review Board. |
26 | | (ii) In response to a written objection from a |
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1 | | State's Attorney, the Prisoner Review Board is |
2 | | authorized to conduct a non-public hearing to |
3 | | evaluate the information provided in the |
4 | | objection. |
5 | | (iii) The Prisoner Review Board shall make a |
6 | | confidential and privileged recommendation to the |
7 | | Governor as to whether to grant a pardon |
8 | | authorizing expungement for each of the records |
9 | | identified by the Department of State Police as |
10 | | described in paragraph (2)(A). |
11 | | (C) If an individual has been granted a pardon |
12 | | authorizing expungement as described in this Section, |
13 | | the Prisoner Review Board, through the Attorney |
14 | | General, shall file a petition for expungement with |
15 | | the Chief Judge of the circuit or any judge of the |
16 | | circuit designated by the Chief Judge where the |
17 | | individual had been convicted. Such petition may |
18 | | include more than one individual. Whenever an |
19 | | individual who has been convicted of an offense is |
20 | | granted a pardon by the Governor that specifically |
21 | | authorizes expungement, an objection to the petition |
22 | | may not be filed. Petitions to expunge under this |
23 | | subsection (i) may include more than one individual. |
24 | | Within 90 days of the filing of such a petition, the |
25 | | court shall enter an order expunging the records of |
26 | | arrest from the official records of the arresting |
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1 | | authority and order that the records of the circuit |
2 | | court clerk and the Illinois State Police be expunged |
3 | | and the name of the defendant obliterated from the |
4 | | official index requested to be kept by the circuit |
5 | | court clerk under Section 16 of the Clerks of Courts |
6 | | Act in connection with the arrest and conviction for |
7 | | the offense for which the individual had received a |
8 | | pardon but the order shall not affect any index issued |
9 | | by the circuit court clerk before the entry of the |
10 | | order. Upon entry of the order of expungement, the |
11 | | circuit court clerk shall promptly provide a copy of |
12 | | the order and a certificate of disposition to the |
13 | | individual who was pardoned to the individual's last |
14 | | known address or by electronic means (if available) or |
15 | | otherwise make it available to the individual upon |
16 | | request. |
17 | | (D) Nothing in this Section is intended to |
18 | | diminish or abrogate any rights or remedies otherwise |
19 | | available to the individual. |
20 | | (3) Any individual may file a motion to vacate and |
21 | | expunge a conviction for a misdemeanor or Class 4 felony |
22 | | violation of Section 4 or Section 5 of the Cannabis |
23 | | Control Act. Motions to vacate and expunge under this |
24 | | subsection (i) may be filed with the circuit court, Chief |
25 | | Judge of a judicial circuit or any judge of the circuit |
26 | | designated by the Chief Judge. The circuit court clerk |
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1 | | shall promptly serve a copy of the motion to vacate and |
2 | | expunge, and any supporting documentation, on the State's |
3 | | Attorney or prosecutor charged with the duty of |
4 | | prosecuting the offense. When considering such a motion to |
5 | | vacate and expunge, a court shall consider the following: |
6 | | the reasons to retain the records provided by law |
7 | | enforcement, the petitioner's age, the petitioner's age at |
8 | | the time of offense, the time since the conviction, and |
9 | | the specific adverse consequences if denied. An individual |
10 | | may file such a petition after the completion of any |
11 | | non-financial sentence or non-financial condition imposed |
12 | | by the conviction. Within 60 days of the filing of such |
13 | | motion, a State's Attorney may file an objection to such a |
14 | | petition along with supporting evidence. If a motion to |
15 | | vacate and expunge is granted, the records shall be |
16 | | expunged in accordance with subparagraphs (d)(8) and |
17 | | (d)(9)(A) of this Section. An agency providing civil legal |
18 | | aid, as defined by Section 15 of the Public Interest |
19 | | Attorney Assistance Act, assisting individuals seeking to |
20 | | file a motion to vacate and expunge under this subsection |
21 | | may file motions to vacate and expunge with the Chief |
22 | | Judge of a judicial circuit or any judge of the circuit |
23 | | designated by the Chief Judge, and the motion may include |
24 | | more than one individual. Motions filed by an agency |
25 | | providing civil legal aid concerning more than one |
26 | | individual may be prepared, presented, and signed |
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1 | | electronically. |
2 | | (4) Any State's Attorney may file a motion to vacate |
3 | | and expunge a conviction for a misdemeanor or Class 4 |
4 | | felony violation of Section 4 or Section 5 of the Cannabis |
5 | | Control Act. Motions to vacate and expunge under this |
6 | | subsection (i) may be filed with the circuit court, Chief |
7 | | Judge of a judicial circuit or any judge of the circuit |
8 | | designated by the Chief Judge, and may include more than |
9 | | one individual. Motions filed by a State's Attorney |
10 | | concerning more than one individual may be prepared, |
11 | | presented, and signed electronically. When considering |
12 | | such a motion to vacate and expunge, a court shall |
13 | | consider the following: the reasons to retain the records |
14 | | provided by law enforcement, the individual's age, the |
15 | | individual's age at the time of offense, the time since |
16 | | the conviction, and the specific adverse consequences if |
17 | | denied. Upon entry of an order granting a motion to vacate |
18 | | and expunge records pursuant to this Section, the State's |
19 | | Attorney shall notify the Prisoner Review Board within 30 |
20 | | days. Upon entry of the order of expungement, the circuit |
21 | | court clerk shall promptly provide a copy of the order and |
22 | | a certificate of disposition to the individual whose |
23 | | records will be expunged to the individual's last known |
24 | | address or by electronic means (if available) or otherwise |
25 | | make available to the individual upon request. If a motion |
26 | | to vacate and expunge is granted, the records shall be |
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1 | | expunged in accordance with subparagraphs (d)(8) and |
2 | | (d)(9)(A) of this Section. |
3 | | (5) In the public interest, the State's Attorney of a |
4 | | county has standing to file motions to vacate and expunge |
5 | | pursuant to this Section in the circuit court with |
6 | | jurisdiction over the underlying conviction. |
7 | | (6) If a person is arrested for a Minor Cannabis |
8 | | Offense as defined in this Section before June 25, 2019 |
9 | | (the effective date of Public Act 101-27) and the person's |
10 | | case is still pending but a sentence has not been imposed, |
11 | | the person may petition the court in which the charges are |
12 | | pending for an order to summarily dismiss those charges |
13 | | against him or her, and expunge all official records of |
14 | | his or her arrest, plea, trial, conviction, incarceration, |
15 | | supervision, or expungement. If the court determines, upon |
16 | | review, that:
(A) the person was arrested before June 25, |
17 | | 2019 (the effective date of Public Act 101-27) for an |
18 | | offense that has been made eligible for expungement;
(B) |
19 | | the case is pending at the time; and
(C) the person has not |
20 | | been sentenced of the minor cannabis violation eligible |
21 | | for expungement under this subsection, the court shall |
22 | | consider the following: the reasons to retain the records |
23 | | provided by law enforcement, the petitioner's age, the |
24 | | petitioner's age at the time of offense, the time since |
25 | | the conviction, and the specific adverse consequences if |
26 | | denied. If a motion to dismiss and expunge is granted, the |
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1 | | records shall be expunged in accordance with subparagraph |
2 | | (d)(9)(A) of this Section. |
3 | | (7) A person imprisoned solely as a result of one or |
4 | | more convictions for Minor Cannabis Offenses under this |
5 | | subsection (i) shall be released from incarceration upon |
6 | | the issuance of an order under this subsection. |
7 | | (8) The Illinois State Police shall allow a person to |
8 | | use the access and review process, established in the |
9 | | Illinois State Police, for verifying that his or her |
10 | | records relating to Minor Cannabis Offenses of the |
11 | | Cannabis Control Act eligible under this Section have been |
12 | | expunged. |
13 | | (9) No conviction vacated pursuant to this Section |
14 | | shall serve as the basis for damages for time unjustly |
15 | | served as provided in the Court of Claims Act. |
16 | | (10) Effect of Expungement. A person's right to |
17 | | expunge an expungeable offense shall not be limited under |
18 | | this Section. The effect of an order of expungement shall |
19 | | be to restore the person to the status he or she occupied |
20 | | before the arrest, charge, or conviction. |
21 | | (11) Information. The Illinois State Police shall post |
22 | | general information on its website about the expungement |
23 | | process described in this subsection (i). |
24 | | (j) Felony Prostitution Convictions. |
25 | | (1) Any individual may file a motion to vacate and |
26 | | expunge a conviction for a prior Class 4 felony violation |
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1 | | of prostitution. Motions to vacate and expunge under this |
2 | | subsection (j) may be filed with the circuit court, Chief |
3 | | Judge of a judicial circuit, or any judge of the circuit |
4 | | designated by the Chief Judge. When considering the motion |
5 | | to vacate and expunge, a court shall consider the |
6 | | following: |
7 | | (A) the reasons to retain the records provided by |
8 | | law enforcement; |
9 | | (B) the petitioner's age; |
10 | | (C) the petitioner's age at the time of offense; |
11 | | and |
12 | | (D) the time since the conviction, and the |
13 | | specific adverse consequences if denied. An individual |
14 | | may file the petition after the completion of any |
15 | | sentence or condition imposed by the conviction. |
16 | | Within 60 days of the filing of the motion, a State's |
17 | | Attorney may file an objection to the petition along |
18 | | with supporting evidence. If a motion to vacate and |
19 | | expunge is granted, the records shall be expunged in |
20 | | accordance with subparagraph (d)(9)(A) of this |
21 | | Section. An agency providing civil legal aid, as |
22 | | defined in Section 15 of the Public Interest Attorney |
23 | | Assistance Act, assisting individuals seeking to file |
24 | | a motion to vacate and expunge under this subsection |
25 | | may file motions to vacate and expunge with the Chief |
26 | | Judge of a judicial circuit or any judge of the circuit |
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1 | | designated by the Chief Judge, and the motion may |
2 | | include more than one individual. |
3 | | (2) Any State's Attorney may file a motion to vacate |
4 | | and expunge a conviction for a Class 4 felony violation of |
5 | | prostitution. Motions to vacate and expunge under this |
6 | | subsection (j) may be filed with the circuit court, Chief |
7 | | Judge of a judicial circuit, or any judge of the circuit |
8 | | court designated by the Chief Judge, and may include more |
9 | | than one individual. When considering the motion to vacate |
10 | | and expunge, a court shall consider the following reasons: |
11 | | (A) the reasons to retain the records provided by |
12 | | law enforcement; |
13 | | (B) the petitioner's age; |
14 | | (C) the petitioner's age at the time of offense; |
15 | | (D) the time since the conviction; and |
16 | | (E) the specific adverse consequences if denied. |
17 | | If the State's Attorney files a motion to vacate and |
18 | | expunge records for felony prostitution convictions |
19 | | pursuant to this Section, the State's Attorney shall |
20 | | notify the Prisoner Review Board within 30 days of the |
21 | | filing. If a motion to vacate and expunge is granted, the |
22 | | records shall be expunged in accordance with subparagraph |
23 | | (d)(9)(A) of this Section. |
24 | | (3) In the public interest, the State's Attorney of a |
25 | | county has standing to file motions to vacate and expunge |
26 | | pursuant to this Section in the circuit court with |
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1 | | jurisdiction over the underlying conviction. |
2 | | (4) The Illinois State Police shall allow a person to |
3 | | a use the access and review process, established in the |
4 | | Illinois State Police, for verifying that his or her |
5 | | records relating to felony prostitution eligible under |
6 | | this Section have been expunged. |
7 | | (5) No conviction vacated pursuant to this Section |
8 | | shall serve as the basis for damages for time unjustly |
9 | | served as provided in the Court of Claims Act. |
10 | | (6) Effect of Expungement. A person's right to expunge |
11 | | an expungeable offense shall not be limited under this |
12 | | Section. The effect of an order of expungement shall be to |
13 | | restore the person to the status he or she occupied before |
14 | | the arrest, charge, or conviction. |
15 | | (7) Information. The Illinois State Police shall post |
16 | | general information on its website about the expungement |
17 | | process described in this subsection (j). |
18 | | (k) Convictions for Driving under a Suspended License for |
19 | | Failure to Pay Support or to Comply with a Visitation Order. |
20 | | (1) Expungement of arrest records for driving with a |
21 | | driver's license suspended for failure to pay support or |
22 | | to comply with a visitation order. |
23 | | (A) A petitioner may petition the circuit court to
|
24 | | expunge all criminal history records of
an arrest or |
25 | | charge not initiated by arrest for a violation of |
26 | | Section 6-303 of the Illinois Vehicle Code (driving |
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1 | | with a driver's license suspended for failure to pay |
2 | | support or to comply with a visitation order as |
3 | | provided in Section 7-702 of the Illinois Vehicle |
4 | | Code) committed prior to January 1, 2019 if: |
5 | | (i) one year or more has elapsed since the |
6 | | date
of the arrest or law enforcement interaction
|
7 | | documented in the records; and |
8 | | (ii) no criminal charges were filed relating
|
9 | | to the arrest or law enforcement interaction or
|
10 | | criminal charges were filed and subsequently
|
11 | | dismissed or vacated or the arrestee was
|
12 | | acquitted. |
13 | | (B) If the circuit court is unable to
verify |
14 | | satisfaction of condition (ii) in subparagraph
(A), |
15 | | records that satisfy condition (i) in subparagraph
(A) |
16 | | may be expunged. |
17 | | (C) Records shall be expunged under the
procedures |
18 | | set forth in subparagraph (d)(9)(A). |
19 | | (D) Nothing in this Section shall be construed to
|
20 | | restrict or modify an individual's right to have that
|
21 | | individual's records expunged, except as otherwise |
22 | | provided in this Act, or diminish or abrogate any
|
23 | | rights or remedies otherwise available to the
|
24 | | individual. |
25 | | (2) Pardons authorizing expungement for driving under |
26 | | a suspended license for failure to pay support or to |
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1 | | comply with a visitation order. |
2 | | (A) Upon the effective date of this amendatory Act
|
3 | | of the 103rd General Assembly, the Illinois State
|
4 | | Police shall review all criminal history record
|
5 | | information and identify all records that meet all of
|
6 | | the following criteria: |
7 | | (i) one or more convictions for a violation of |
8 | | Section 6-303 of the Illinois Vehicle Code |
9 | | (driving with a driver's license suspended for |
10 | | failure to pay support or to comply with a |
11 | | visitation order as provided in Section 7-702 of |
12 | | the Illinois Vehicle Code); and |
13 | | (ii) the conviction identified in subdivision
|
14 | | (2)(A)(i) is not associated with an arrest,
|
15 | | conviction, or other disposition for a violent
|
16 | | crime as defined in subsection (c) of Section 3 of
|
17 | | the Rights of Crime Victims and Witnesses Act. |
18 | | (B) Within 180 days after the effective date of
|
19 | | this amendatory Act of the 103rd General Assembly, the
|
20 | | Illinois State Police shall notify the Prisoner
Review |
21 | | Board of all such records that meet the criteria
|
22 | | established in subparagraph (2)(A). |
23 | | The Prisoner Review Board shall notify the
|
24 | | State's Attorney of the county of conviction of
|
25 | | each record identified by the Illinois State |
26 | | Police in
subparagraph (2)(A) that is classified |
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1 | | as a felony. The State's Attorney may provide a |
2 | | written
objection to the Prisoner Review Board on |
3 | | the sole
basis that the record identified does not |
4 | | meet the
criteria established in subparagraph |
5 | | (2)(A). Such an
objection must be filed within 60 |
6 | | days or by such
later date set by the Prisoner |
7 | | Review Board in the
notice after the State's |
8 | | Attorney received notice
from the Prisoner Review |
9 | | Board. |
10 | | In response to a written objection from a
|
11 | | State's Attorney, the Prisoner Review Board is
|
12 | | authorized to conduct a nonpublic hearing to
|
13 | | evaluate the information provided in the
|
14 | | objection. |
15 | | The Prisoner Review Board shall make a
|
16 | | confidential and privileged recommendation to the
|
17 | | Governor as to whether to grant a pardon
|
18 | | authorizing expungement for each of the records
|
19 | | identified by the Illinois State Police as
|
20 | | described in subparagraph (2)(A). |
21 | | (C) If an individual has been granted a pardon
|
22 | | authorizing expungement as described in this Section,
|
23 | | the Prisoner Review Board, through the Attorney
|
24 | | General, shall file a petition for expungement with |
25 | | the
Chief Judge of the circuit or any judge of the |
26 | | circuit
designated by the Chief Judge where the |
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1 | | individual had
been convicted. The petition may |
2 | | include more than one
individual. Whenever an |
3 | | individual who has been
convicted of an offense is |
4 | | granted a pardon by the
Governor that specifically |
5 | | authorizes expungement, an
objection to the petition |
6 | | may not be filed. Petitions
to expunge under this |
7 | | subsection may include more
than one individual. |
8 | | Within 90 days of the filing of
such a petition, the |
9 | | court shall enter an order
expunging the records of |
10 | | arrest from the official
records of the arresting |
11 | | authority and order that the
records of the circuit |
12 | | court clerk and the Illinois State Police be expunged |
13 | | and the name of the
defendant obliterated from the |
14 | | official index
requested to be kept by the circuit |
15 | | court clerk under
Section 16 of the Clerks of Courts |
16 | | Act in connection
with the arrest and conviction for |
17 | | the offense for
which the individual had received a |
18 | | pardon, but the
order shall not affect any index |
19 | | issued by the circuit
court clerk before the entry of |
20 | | the order. Upon entry
of the order of expungement, the |
21 | | circuit court clerk
shall promptly provide a copy of |
22 | | the order to the
individual who was pardoned to the |
23 | | individual's last
known address or otherwise make |
24 | | available to the
individual upon request. |
25 | | (D) Nothing in this Section is intended to |
26 | | diminish
or abrogate any rights or remedies otherwise |
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1 | | available
to the individual. |
2 | | (3) Petition to vacate and
expunge by individual. Any |
3 | | individual may file a petition to vacate and
expunge a |
4 | | conviction for a misdemeanor or felony
violation of |
5 | | Section 6-303 of the Illinois Vehicle Code for driving |
6 | | with a driver's license suspended for failure to pay |
7 | | support or to comply with a visitation order as provided |
8 | | in Section 7-702 of that Code. Petitions to vacate and |
9 | | expunge under this subsection may be filed with the |
10 | | circuit court, Chief Judge of a
judicial circuit, or any |
11 | | judge of the circuit designated by
the Chief Judge. When |
12 | | considering such a petition to vacate
and expunge, a court |
13 | | shall consider the following: the
reasons to retain the |
14 | | records provided by law enforcement,
the petitioner's age, |
15 | | the petitioner's age at the time of
the offense, the time |
16 | | since the conviction, and the specific
adverse |
17 | | consequences if denied. An individual may file such
a |
18 | | petition after the completion of any sentence or
condition |
19 | | imposed by the conviction. Within 60 days of the
filing of |
20 | | such a petition, a State's Attorney may file an
objection |
21 | | to the petition along with supporting
evidence. If a |
22 | | petition to vacate and expunge is granted, the
records |
23 | | shall be expunged in accordance with subparagraph
|
24 | | (d)(9)(A). An agency providing civil legal
aid, as defined |
25 | | in Section 15 of the Public Interest
Attorney Assistance |
26 | | Act, assisting individuals seeking to
file a petition to |
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1 | | vacate and expunge under this subsection
may file a |
2 | | petition to vacate and expunge with the Chief Judge
of a |
3 | | judicial circuit or any judge of the circuit
designated by |
4 | | the Chief Judge, and the petition may include
more than |
5 | | one individual. |
6 | | (4) Petition to vacate and
expunge by State's |
7 | | Attorney. Any State's Attorney may file a petition to |
8 | | vacate
and expunge a conviction for a misdemeanor or |
9 | | felony violation of Section 6-303 of the Illinois Vehicle |
10 | | Code for driving with a driver's license suspended for |
11 | | failure to pay support or to comply with a visitation |
12 | | order as provided in Section 7-702 of that Code. Petitions |
13 | | to vacate and expunge under this
subsection may be filed |
14 | | with the circuit court, Chief
Judge of a judicial circuit, |
15 | | or any judge of the circuit
designated by the Chief Judge, |
16 | | and may include more than
one individual. When considering |
17 | | such a petition to vacate
and expunge, a court shall |
18 | | consider the following: the
reasons to retain the records |
19 | | provided by law enforcement,
the individual's age, the |
20 | | individual's age at the time of
offense, the time since |
21 | | the conviction, and the specific
adverse consequences if |
22 | | denied. If the State's Attorney
files a petition under |
23 | | this Section to vacate and expunge records for a violation |
24 | | of Section 6-303 of the Illinois Vehicle Code for driving |
25 | | with a driver's license suspended for failure to pay |
26 | | support or to comply with a visitation order as provided |
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1 | | in Section 7-702 of that Code, the State's
Attorney shall |
2 | | notify the Prisoner Review Board within 30
days of such a |
3 | | filing. If a petition to vacate and expunge is
granted, |
4 | | the records shall be expunged in accordance with
|
5 | | subparagraph (d)(9)(A). |
6 | | (5) Standing. In the public interest, the State's |
7 | | Attorney of a
county has standing to file petitions to |
8 | | vacate and expunge
under this Section in the circuit court |
9 | | with
jurisdiction over the underlying conviction. |
10 | | (6) Pending cases. If a person is arrested for a |
11 | | violation of Section 6-303 of the Illinois Vehicle Code |
12 | | for driving with a driver's license suspended for failure |
13 | | to pay support or to comply with a visitation order as |
14 | | provided in Section 7-702 of that Code before the |
15 | | effective
date of this amendatory Act of the 103rd General |
16 | | Assembly
and the person's case is still pending but a |
17 | | sentence has
not been imposed, the person may file a |
18 | | motion with the court in
which the charges are pending for |
19 | | an order to summarily
dismiss those charges against him or |
20 | | her and to expunge all
official records of his or her |
21 | | arrest, plea, trial,
conviction, incarceration, |
22 | | supervision, or expungement. The court may grant the |
23 | | petition if
the court determines, upon review, that: (A) |
24 | | the person was
arrested before the effective date of this |
25 | | amendatory Act
of the 103rd General Assembly for an |
26 | | offense that has been
made eligible for expungement; (B) |
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1 | | the case is pending; and (C) the person has not been |
2 | | sentenced for a violation of Section 6-303 of the Illinois |
3 | | Vehicle Code for driving with a driver's license suspended |
4 | | for failure to pay support or to comply with a visitation |
5 | | order as provided in Section 7-702 of that Code. When |
6 | | considering a motion under
this subsection, the court |
7 | | shall consider the following:
the reasons to retain the |
8 | | records provided by law
enforcement, the petitioner's age, |
9 | | the petitioner's age at
the time of the offense, the time |
10 | | since the conviction, and the
specific adverse |
11 | | consequences if denied. If a motion to
dismiss and expunge |
12 | | is granted, the records shall be
expunged in accordance |
13 | | with subparagraph (d)(9)(A). |
14 | | (7) Incarcerated persons. A person imprisoned solely |
15 | | as a result of one or
more convictions for a violation of |
16 | | Section 6-303 of the Illinois Vehicle Code for driving |
17 | | with a driver's license suspended for failure to pay |
18 | | support or to comply with a visitation order as provided |
19 | | in Section 7-702 of that Code shall be released from |
20 | | incarceration upon
the issuance of an order under this |
21 | | subsection. |
22 | | (8) Verification of expungement. The Illinois State |
23 | | Police shall allow a person
to use the access and review |
24 | | process, established by the
Illinois State Police, for |
25 | | verifying that his or her
eligible records relating to |
26 | | violations of Section 6-303 of the Illinois Vehicle Code |
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1 | | for driving with a driver's license suspended for failure |
2 | | to pay support or to comply with a visitation order as |
3 | | provided in Section 7-702 of that Code have been expunged. |
4 | | (9) Other claims. No conviction vacated under this |
5 | | Section
shall serve as the basis for damages for time |
6 | | unjustly
served as provided in the Court of Claims Act. |
7 | | (10) Effect of expungement. A person's right to |
8 | | expunge
an expungeable offense shall not be limited under |
9 | | this
Section. The effect of an order of expungement shall |
10 | | be to
restore the person to the status he or she occupied |
11 | | before
the arrest, charge, or conviction. |
12 | | (11) Information. The Illinois State Police shall
post |
13 | | general information on its website about the
expungement |
14 | | process described in this subsection. |
15 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
16 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. |
17 | | 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; |
18 | | 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. |
19 | | 5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)".
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