093_SB0788enr

 
SB788 Enrolled                       LRB093 03211 RLC 03228 b

 1        AN ACT in relation to courts.

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

 4        Section 5.  The Criminal Identification Act is amended by
 5    changing Section 5 and adding Sections  11,  12,  and  13  as
 6    follows:

 7        (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
 8        Sec. 5. Arrest reports; expungement.
 9        (a)  All  policing  bodies of this State shall furnish to
10    the Department, daily, in the form and detail the  Department
11    requires,  fingerprints  and  descriptions of all persons who
12    are arrested on charges of violating  any  penal  statute  of
13    this  State  for offenses that are classified as felonies and
14    Class A or B misdemeanors and of all minors of the age of  10
15    and over who have been arrested for an offense which would be
16    a  felony  if  committed  by  an  adult, and may forward such
17    fingerprints and descriptions for minors arrested for Class A
18    or B misdemeanors.  Moving or  nonmoving  traffic  violations
19    under  the Illinois Vehicle Code shall not be reported except
20    for violations of Chapter 4,  Section  11-204.1,  or  Section
21    11-501  of that Code.  In addition, conservation offenses, as
22    defined in the Supreme Court Rule 501(c), that are classified
23    as Class B misdemeanors shall not be reported.
24        Whenever an adult or minor prosecuted as  an  adult,  not
25    having  previously  been convicted of any criminal offense or
26    municipal ordinance violation, charged with a violation of  a
27    municipal  ordinance or a felony or misdemeanor, is acquitted
28    or released without being convicted, whether the acquittal or
29    release occurred before, on, or after the effective  date  of
30    this  amendatory  Act of 1991, the Chief Judge of the circuit
31    wherein the charge was brought, any  judge  of  that  circuit
 
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 1    designated  by  the  Chief Judge, or in counties of less than
 2    3,000,000 inhabitants,  the  presiding  trial  judge  at  the
 3    defendant's trial may upon verified petition of the defendant
 4    order the record of arrest expunged from the official records
 5    of  the arresting authority and the Department and order that
 6    the records of the clerk of the circuit court be sealed until
 7    further order of the court upon good cause shown and the name
 8    of the defendant obliterated on the official  index  required
 9    to be kept by the circuit court clerk under Section 16 of the
10    Clerks  of  Courts  Act,  but  the order shall not affect any
11    index issued by the circuit court clerk before the  entry  of
12    the  order.   The  Department may charge the petitioner a fee
13    equivalent to the cost of processing any order to expunge  or
14    seal  the  records,  and  the fee shall be deposited into the
15    State Police Services Fund.  The records  of  those  arrests,
16    however,  that result in a disposition of supervision for any
17    offense shall  not  be  expunged  from  the  records  of  the
18    arresting  authority  or  the Department nor impounded by the
19    court  until  2  years  after  discharge  and  dismissal   of
20    supervision.   Those  records  that result from a supervision
21    for a violation of Section 3-707, 3-708, 3-710,  5-401.3,  or
22    11-503 of the Illinois Vehicle Code or a similar provision of
23    a  local  ordinance,  or  for  a violation of Section 12-3.2,
24    12-15 or 16A-3 of the Criminal Code  of  1961,  or  probation
25    under  Section 10 of the Cannabis Control Act, Section 410 of
26    the Illinois Controlled Substances Act, Section  12-4.3(b)(1)
27    and  (2)  of  the  Criminal Code of 1961 (as those provisions
28    existed before their deletion by Public Act 89-313),  Section
29    10-102  of  the Illinois Alcoholism and Other Drug Dependency
30    Act when the judgment of conviction has been vacated, Section
31    40-10 of the Alcoholism and Other Drug Abuse  and  Dependency
32    Act  when  the  judgment  of  conviction has been vacated, or
33    Section 10 of the Steroid Control Act shall not  be  expunged
34    from  the records of the arresting authority nor impounded by
 
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 1    the court until 5 years after  termination  of  probation  or
 2    supervision.   Those  records  that result from a supervision
 3    for a violation of Section 11-501  of  the  Illinois  Vehicle
 4    Code  or  a similar provision of a local ordinance, shall not
 5    be expunged.  All records set out above may be ordered by the
 6    court to be  expunged  from  the  records  of  the  arresting
 7    authority and impounded by the court after 5 years, but shall
 8    not  be expunged by the Department, but shall, on court order
 9    be sealed by the Department and may be  disseminated  by  the
10    Department  only  as  required  by  law  or  to the arresting
11    authority, the State's Attorney, and the court upon  a  later
12    arrest  for  the same or a similar offense or for the purpose
13    of sentencing for any subsequent felony.  Upon conviction for
14    any offense, the Department of Corrections shall have  access
15    to  all  sealed  records of the Department pertaining to that
16    individual.
17        (a-5)  Those records maintained  by  the  Department  for
18    persons  arrested  prior  to  their  17th  birthday  shall be
19    expunged as provided in Section 5-915 of the  Juvenile  Court
20    Act of 1987.
21        (b)  Whenever  a  person has been convicted of a crime or
22    of the violation of a municipal ordinance, in the name  of  a
23    person  whose  identity  he has stolen or otherwise come into
24    possession of, the aggrieved person from  whom  the  identity
25    was  stolen or otherwise obtained without authorization, upon
26    learning  of  the  person  having  been  arrested  using  his
27    identity, may, upon verified petition to the chief  judge  of
28    the  circuit  wherein the arrest was made, have a court order
29    entered nunc pro tunc by  the  chief  judge  to  correct  the
30    arrest  record,  conviction  record, if any, and all official
31    records of the arresting  authority,  the  Department,  other
32    criminal  justice  agencies,  the  prosecutor,  and the trial
33    court concerning such arrest, if any, by  removing  his  name
34    from  all  such  records  in  connection  with the arrest and
 
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 1    conviction, if any, and by inserting in the records the  name
 2    of  the  offender,  if known or ascertainable, in lieu of the
 3    aggrieved's name.  The records of the clerk  of  the  circuit
 4    court  clerk shall be sealed until further order of the court
 5    upon good cause shown and the name of  the  aggrieved  person
 6    obliterated  on the official index required to be kept by the
 7    circuit court clerk under Section 16 of the Clerks of  Courts
 8    Act,  but  the order shall not affect any index issued by the
 9    circuit court clerk before the entry of the  order.   Nothing
10    in this Section shall limit the Department of State Police or
11    other  criminal  justice agencies or prosecutors from listing
12    under an offender's name the false names he or she has  used.
13    For  purposes  of  this  Section,  convictions for moving and
14    nonmoving  traffic  violations  other  than  convictions  for
15    violations of Chapter 4, Section 11-204.1 or  Section  11-501
16    of  the Illinois Vehicle Code shall not be a bar to expunging
17    the record of arrest and court records  for  violation  of  a
18    misdemeanor or municipal ordinance.
19        (c)  Whenever  a  person  who  has  been  convicted of an
20    offense  is  granted  a  pardon   by   the   Governor   which
21    specifically  authorizes  expungement,  he may, upon verified
22    petition to the chief judge of the circuit where  the  person
23    had  been  convicted,  any judge of the circuit designated by
24    the Chief Judge,  or  in  counties  of  less  than  3,000,000
25    inhabitants,  the  presiding  trial  judge at the defendant's
26    trial, may have a court order entered expunging the record of
27    arrest from the official records of the  arresting  authority
28    and  order that the records of the clerk of the circuit court
29    and the Department be sealed until further order of the court
30    upon good cause shown or as otherwise  provided  herein,  and
31    the name of the defendant obliterated from the official index
32    requested to be kept by the circuit court clerk under Section
33    16  of the Clerks of Courts Act in connection with the arrest
34    and conviction for the offense for which he had been pardoned
 
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 1    but the order shall  not  affect  any  index  issued  by  the
 2    circuit  court  clerk  before  the  entry  of the order.  All
 3    records sealed by the Department may be disseminated  by  the
 4    Department  only  as  required  by  law  or  to the arresting
 5    authority, the State's Attorney, and the court upon  a  later
 6    arrest  for the same or similar offense or for the purpose of
 7    sentencing for any subsequent felony.   Upon  conviction  for
 8    any  subsequent  offense, the Department of Corrections shall
 9    have  access  to  all  sealed  records  of   the   Department
10    pertaining  to  that  individual.  Upon entry of the order of
11    expungement, the clerk of the circuit  court  shall  promptly
12    mail a copy of the order to the person who was pardoned.
13        (c-5)  Whenever  a  person has been convicted of criminal
14    sexual assault, aggravated criminal sexual assault, predatory
15    criminal sexual assault of a child, criminal sexual abuse, or
16    aggravated criminal sexual abuse, the victim of that  offense
17    may  request that the State's Attorney of the county in which
18    the conviction occurred file a  verified  petition  with  the
19    presiding  trial  judge  at  the  defendant's trial to have a
20    court order entered to seal the records of the clerk  of  the
21    circuit court in connection with the proceedings of the trial
22    court  concerning  that offense.  However, the records of the
23    arresting  authority  and  the  Department  of  State  Police
24    concerning the offense shall not be sealed.  The court,  upon
25    good  cause shown, shall make the records of the clerk of the
26    circuit court in connection with the proceedings of the trial
27    court concerning the offense available for public inspection.
28        (d)  Notice of the petition for subsections (a), (b), and
29    (c) shall be served upon the State's Attorney  or  prosecutor
30    charged  with  the  duty  of  prosecuting  the  offense,  the
31    Department  of  State  Police,  the  arresting agency and the
32    chief legal officer of the unit of local government affecting
33    the arrest.  Unless the State's Attorney or  prosecutor,  the
34    Department  of  State  Police,  the  arresting agency or such
 
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 1    chief legal officer objects to the petition  within  30  days
 2    from  the  date of the notice, the court shall enter an order
 3    granting or denying the petition.  The  clerk  of  the  court
 4    shall  promptly  mail  a copy of the order to the person, the
 5    arresting agency, the prosecutor,  the  Department  of  State
 6    Police  and  such  other  criminal justice agencies as may be
 7    ordered by the judge.
 8        (e)  Nothing herein shall prevent the Department of State
 9    Police from maintaining all records  of  any  person  who  is
10    admitted  to  probation  upon  terms  and  conditions and who
11    fulfills those terms and conditions pursuant to Section 10 of
12    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
13    Controlled Substances Act, Section  12-4.3  of  the  Criminal
14    Code  of  1961, Section 10-102 of the Illinois Alcoholism and
15    Other Drug Dependency Act, Section 40-10  of  the  Alcoholism
16    and Other Drug Abuse and Dependency Act, or Section 10 of the
17    Steroid Control Act.
18        (f)  No  court  order  issued pursuant to the expungement
19    provisions of this Section shall become final for purposes of
20    appeal  until  30  days  after  notice  is  received  by  the
21    Department.  Any court order contrary to  the  provisions  of
22    this Section is void.
23        (g)  Except  as otherwise provided in subsection (c-5) of
24    this Section, the  court  shall  not  order  the  sealing  or
25    expungement  of the arrest records and records of the circuit
26    court  clerk  of  any  person  granted  supervision  for   or
27    convicted  of  any  sexual  offense committed against a minor
28    under 18 years of age.  For the  purposes  of  this  Section,
29    "sexual  offense  committed  against a minor" includes but is
30    not limited to the offenses of  indecent  solicitation  of  a
31    child  or  criminal  sexual  abuse  when  the  victim of such
32    offense is under 18 years of age.
33        (h) (1) Notwithstanding any other provision of  this  Act
34    to the contrary and cumulative with any rights to expungement
 
SB788 Enrolled             -7-       LRB093 03211 RLC 03228 b
 1    of criminal records, whenever an adult or minor prosecuted as
 2    an adult charged with a violation of a municipal ordinance or
 3    a   misdemeanor   is  acquitted  or  released  without  being
 4    convicted, or if the person is convicted but  the  conviction
 5    is  reversed, or if the person has been placed on supervision
 6    for a misdemeanor and has not been convicted of a  felony  or
 7    misdemeanor or placed on supervision for a misdemeanor within
 8    3  years  after  the  acquittal  or  release  or  reversal of
 9    conviction, or the completion of the terms and conditions  of
10    the  supervision,  if  the acquittal, release, finding of not
11    guilty, or reversal of conviction occurred on  or  after  the
12    effective  date  of  this  amendatory Act of the 93rd General
13    Assembly, the Chief Judge of the circuit in which the  charge
14    was  brought  may  have the official records of the arresting
15    authority, the Department, and the clerk of the circuit court
16    sealed 3 years after the dismissal of the charge, the finding
17    of not guilty, the reversal of conviction, or the  completion
18    of  the terms and conditions of the supervision, except those
19    records are subject to inspection and use by  the  court  for
20    the  purposes  of  subsequent  sentencing for misdemeanor and
21    felony violations and inspection and use by  law  enforcement
22    agencies  and  State's  Attorneys  or  other  prosecutors  in
23    carrying  out  the  duties of their offices.  This subsection
24    (h) does not apply to persons placed on supervision for:  (1)
25    a violation of Section 11-501 of the Illinois Vehicle Code or
26    a  similar  provision of a local ordinance; (2) a misdemeanor
27    violation of Article 11 of the Criminal Code  of  1961  or  a
28    similar  provision  of  a  local ordinance; (3) a misdemeanor
29    violation of Section 12-15, 12-30, or 26-5  of  the  Criminal
30    Code of 1961 or a similar provision of a local ordinance; (4)
31    a  misdemeanor  violation  that  is  a  crime  of violence as
32    defined in Section 2 of the Crime Victims Compensation Act or
33    a similar provision of a  local  ordinance;  (5)  a  Class  A
34    misdemeanor  violation of the Humane Care for Animals Act; or
 
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 1    (6) any offense or attempted offense  that  would  subject  a
 2    person  to  registration  under the Sex Offender Registration
 3    Act.
 4        (2)  Upon acquittal, release without conviction, or being
 5    placed on supervision, the person charged  with  the  offense
 6    shall  be  informed  by  the  court  of the right to have the
 7    records sealed and the procedures  for  the  sealing  of  the
 8    records.   Three years after the dismissal of the charge, the
 9    finding of not guilty, the reversal  of  conviction,  or  the
10    completion  of  the  terms and conditions of the supervision,
11    the defendant shall provide the clerk of  the  court  with  a
12    notice  of  request for sealing of records and payment of the
13    applicable fee and  a  current  address  and  shall  promptly
14    notify  the  clerk of the court of any change of address. The
15    clerk shall promptly serve notice that the  person's  records
16    are  to  be  sealed  on  the  State's  Attorney or prosecutor
17    charged  with  the  duty  of  prosecuting  the  offense,  the
18    Department of State Police,  the  arresting  agency  and  the
19    chief legal officer of the unit of local government effecting
20    the  arrest.  Unless  the State's Attorney or prosecutor, the
21    Department of State Police,  the  arresting  agency  or  such
22    chief  legal officer objects to sealing of the records within
23    90 days of notice the court shall enter an order sealing  the
24    defendant's  records  3  years  after  the  dismissal  of the
25    charge,  the  finding  of  not  guilty,   the   reversal   of
26    conviction,  or the completion of the terms and conditions of
27    the supervision. The clerk of the court shall promptly  serve
28    by  mail  or in person a copy of the order to the person, the
29    arresting agency, the prosecutor,  the  Department  of  State
30    Police  and  such  other  criminal justice agencies as may be
31    ordered by the judge. If an objection  is  filed,  the  court
32    shall  set a date for hearing. At the hearing the court shall
33    hear evidence on whether the sealing of the records should or
34    should not be granted.
 
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 1        (3)  The clerk may charge a fee equivalent  to  the  cost
 2    associated  with  the sealing of records by the clerk and the
 3    Department of State  Police.  The  clerk  shall  forward  the
 4    Department  of  State  Police  portion  of  the  fee  to  the
 5    Department  and  it  shall be deposited into the State Police
 6    Services Fund.
 7        (4)  Whenever sealing of records is required  under  this
 8    subsection (h), the notification of the sealing must be given
 9    by  the  circuit  court  where  the  arrest  occurred  to the
10    Department in a form and manner prescribed by the Department.
11        (5)  An adult or a minor prosecuted as an adult  who  was
12    charged  with  a  violation  of  a  municipal  ordinance or a
13    misdemeanor  who  was  acquitted,  released   without   being
14    convicted,  convicted  and  the  conviction  was reversed, or
15    placed on supervision for a misdemeanor before  the  date  of
16    this  amendatory Act of the 93rd General Assembly and was not
17    convicted of a felony or misdemeanor or placed on supervision
18    for a misdemeanor for 3 years after the acquittal or  release
19    or  reversal  of  conviction,  or completion of the terms and
20    conditions of the supervision may petition the Chief Judge of
21    the circuit in which the charge was  brought,  any  judge  of
22    that  circuit  in  which the charge was brought, any judge of
23    the circuit designated by the Chief Judge, or, in counties of
24    less than 3,000,000 inhabitants, the presiding trial judge at
25    that defendant's trial, to seal the official records  of  the
26    arresting  authority,  the  Department,  and the clerk of the
27    court, except those records are subject to inspection and use
28    by the court for the purposes of  subsequent  sentencing  for
29    misdemeanor  and  felony violations and inspection and use by
30    law enforcement agencies, the Department of Corrections,  and
31    State's  Attorneys  and other prosecutors in carrying out the
32    duties of their offices. This subsection (h) does  not  apply
33    to  persons  placed  on  supervision  for: (1) a violation of
34    Section 11-501 of the Illinois  Vehicle  Code  or  a  similar
 
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 1    provision  of  a local ordinance; (2) a misdemeanor violation
 2    of Article 11 of the Criminal  Code  of  1961  or  a  similar
 3    provision  of  a local ordinance; (3) a misdemeanor violation
 4    of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961
 5    or  a  similar  provision  of  a  local  ordinance;   (4)   a
 6    misdemeanor  violation that is a crime of violence as defined
 7    in Section 2 of the  Crime  Victims  Compensation  Act  or  a
 8    similar  provision  of  a  local  ordinance;  (5)  a  Class A
 9    misdemeanor violation of the Humane Care for Animals Act;  or
10    (6)  any  offense  or  attempted offense that would subject a
11    person to registration under the  Sex  Offender  Registration
12    Act.    The  State's  Attorney or prosecutor charged with the
13    duty of prosecuting the  offense,  the  Department  of  State
14    Police,  the  arresting agency and the chief legal officer of
15    the unit of local government effecting the  arrest  shall  be
16    served with a copy of the verified petition and shall have 90
17    days to object. If an objection is filed, the court shall set
18    a  date  for  hearing.  At  the  hearing the court shall hear
19    evidence on whether the sealing  of  the  records  should  or
20    should  not  be  granted. The person whose records are sealed
21    under the provisions of this Act shall pay to  the  clerk  of
22    the court and the Department of State Police a fee equivalent
23    to  the cost associated with the sealing of records. The fees
24    shall be paid to the clerk of the court who shall forward the
25    appropriate portion to the Department at the time  the  court
26    order  to  seal  the  defendant's  record is forwarded to the
27    Department for processing. The  Department  of  State  Police
28    portion  of  the fee shall be deposited into the State Police
29    Services Fund.
30        (i) (1) Notwithstanding any other provision of  this  Act
31    to the contrary and cumulative with any rights to expungement
32    of criminal records, whenever an adult or minor prosecuted as
33    an adult charged with a violation of a municipal ordinance or
34    a  misdemeanor is convicted of a misdemeanor and has not been
 
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 1    convicted of a felony or misdemeanor or placed on supervision
 2    for a misdemeanor within 4 years after the completion of  the
 3    sentence,   if  the  conviction  occurred  on  or  after  the
 4    effective date of this amendatory Act  of  the  93rd  General
 5    Assembly,  the Chief Judge of the circuit in which the charge
 6    was brought may have the official records  of  the  arresting
 7    authority, the Department, and the clerk of the circuit court
 8    sealed  4  years after the completion of the sentence, except
 9    those records are subject to inspection and use by the  court
10    for the purposes of subsequent sentencing for misdemeanor and
11    felony  violations  and inspection and use by law enforcement
12    agencies  and  State's  Attorneys  or  other  prosecutors  in
13    carrying out the duties of their offices.    This  subsection
14    (i)  does  not apply to persons convicted of: (1) a violation
15    of Section 11-501 of the Illinois Vehicle Code or  a  similar
16    provision  of  a local ordinance; (2) a misdemeanor violation
17    of Article 11 of the Criminal  Code  of  1961  or  a  similar
18    provision  of  a local ordinance; (3) a misdemeanor violation
19    of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961
20    or  a  similar  provision  of  a  local  ordinance;   (4)   a
21    misdemeanor  violation that is a crime of violence as defined
22    in Section 2 of the  Crime  Victims  Compensation  Act  or  a
23    similar  provision  of  a  local  ordinance;  (5)  a  Class A
24    misdemeanor violation of the Humane Care for Animals Act;  or
25    (6)  any  offense  or  attempted offense that would subject a
26    person to registration under the  Sex  Offender  Registration
27    Act.
28        (2)  Upon  the  conviction  of  such  offense, the person
29    charged with the offense shall be informed by  the  court  of
30    the  right  to have the records sealed and the procedures for
31    the sealing of the records.  Four years after the  completion
32    of the sentence, the defendant shall provide the clerk of the
33    court  with  a  notice  of request for sealing of records and
34    payment of the applicable fee and a current address and shall
 
SB788 Enrolled             -12-      LRB093 03211 RLC 03228 b
 1    promptly notify the clerk of  the  court  of  any  change  of
 2    address.  The  clerk  shall  promptly  serve  notice that the
 3    person's records are to be sealed on the State's Attorney  or
 4    prosecutor  charged with the duty of prosecuting the offense,
 5    the Department of State Police, the arresting agency and  the
 6    chief legal officer of the unit of local government effecting
 7    the  arrest.  Unless  the State's Attorney or prosecutor, the
 8    Department of State Police,  the  arresting  agency  or  such
 9    chief  legal officer objects to sealing of the records within
10    90 days of notice the court shall enter an order sealing  the
11    defendant's  records  4  years  after  the  completion of the
12    sentence. The clerk of the court shall promptly serve by mail
13    or in person a copy of the order to the person, the arresting
14    agency, the prosecutor, the Department of  State  Police  and
15    such other criminal justice agencies as may be ordered by the
16    judge.  If  an objection is filed, the court shall set a date
17    for hearing. At the hearing the court shall hear evidence  on
18    whether  the  sealing  of the records should or should not be
19    granted.
20        (3)  The clerk may charge a fee equivalent  to  the  cost
21    associated  with  the sealing of records by the clerk and the
22    Department of State  Police.  The  clerk  shall  forward  the
23    Department  of  State  Police  portion  of  the  fee  to  the
24    Department  and  it  shall be deposited into the State Police
25    Services Fund.
26        (4)  Whenever sealing of records is required  under  this
27    subsection (i), the notification of the sealing must be given
28    by  the  circuit  court  where  the  arrest  occurred  to the
29    Department in a form and manner prescribed by the Department.
30        (5)  An adult or a minor prosecuted as an adult  who  was
31    charged  with  a  violation  of  a  municipal  ordinance or a
32    misdemeanor who was convicted of  a  misdemeanor  before  the
33    date  of this amendatory Act of the 93rd General Assembly and
34    was not convicted of a felony or  misdemeanor  or  placed  on
 
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 1    supervision   for   a  misdemeanor  for  4  years  after  the
 2    completion of the sentence may petition the  Chief  Judge  of
 3    the  circuit  in  which  the charge was brought, any judge of
 4    that circuit in which the charge was brought,  any  judge  of
 5    the circuit designated by the Chief Judge, or, in counties of
 6    less than 3,000,000 inhabitants, the presiding trial judge at
 7    that  defendant's  trial, to seal the official records of the
 8    arresting authority, the Department, and  the  clerk  of  the
 9    court, except those records are subject to inspection and use
10    by  the  court  for the purposes of subsequent sentencing for
11    misdemeanor and felony violations and inspection and  use  by
12    law  enforcement agencies, the Department of Corrections, and
13    State's Attorneys and other prosecutors in carrying  out  the
14    duties  of  their offices. This subsection (i) does not apply
15    to persons convicted of: (1) a violation of Section 11-501 of
16    the Illinois Vehicle Code or a similar provision of  a  local
17    ordinance;  (2)  a misdemeanor violation of Article 11 of the
18    Criminal Code of 1961 or  a  similar  provision  of  a  local
19    ordinance;  (3)  a  misdemeanor  violation  of Section 12-15,
20    12-30, or 26-5 of the Criminal Code  of  1961  or  a  similar
21    provision  of  a local ordinance; (4) a misdemeanor violation
22    that is a crime of violence as defined in Section  2  of  the
23    Crime  Victims  Compensation  Act or a similar provision of a
24    local ordinance; (5) a Class A misdemeanor violation  of  the
25    Humane  Care for Animals Act; or (6) any offense or attempted
26    offense that would subject a person to registration under the
27    Sex Offender Registration  Act.    The  State's  Attorney  or
28    prosecutor  charged with the duty of prosecuting the offense,
29    the Department of State Police, the arresting agency and  the
30    chief legal officer of the unit of local government effecting
31    the  arrest  shall  be  served  with  a  copy of the verified
32    petition and shall have 90 days to object. If an objection is
33    filed, the court shall set a date for hearing. At the hearing
34    the court shall hear evidence on whether the sealing  of  the
 
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 1    records  should  or  should  not be granted. The person whose
 2    records are sealed under the provisions of this Act shall pay
 3    to the clerk of the court and the Department of State  Police
 4    a  fee  equivalent to the cost associated with the sealing of
 5    records. The fees shall be paid to the clerk of the court who
 6    shall forward the appropriate portion to  the  Department  at
 7    the  time  the  court order to seal the defendant's record is
 8    forwarded to the Department for processing. The Department of
 9    State Police portion of the fee shall be deposited  into  the
10    State Police Services Fund.
11    (Source: P.A.  91-295,  eff.  1-1-00;  91-357,  eff. 7-29-99;
12    92-651, eff. 7-11-02.)

13        (20 ILCS 2630/11 new)
14        Sec. 11.  Legal  assistance  and  education.  Subject  to
15    appropriation,  the State Appellate Defender shall establish,
16    maintain, and carry out a sealing and expungement program  to
17    provide  information to persons eligible to have their arrest
18    or criminal history records expunged or sealed.

19        (20 ILCS 2630/12 new)
20        Sec.  12.  Entry  of  order;  effect  of  expungement  or
21    sealing.
22        (a)  Except with respect to law enforcement agencies, the
23    Department  of  Corrections,  State's  Attorneys,  or   other
24    prosecutors,   an  expunged  or  sealed  record  may  not  be
25    considered by any private  or  public  entity  in  employment
26    matters,     certification,    licensing,    revocation    of
27    certification or licensure, or registration. Applications for
28    employment must contain specific language which  states  that
29    the applicant is not obligated to disclose sealed or expunged
30    records  of conviction or arrest. Employers may not ask if an
31    applicant has had records expunged or sealed.
32        (b)  A person whose records have been sealed or  expunged
 
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 1    is  not  entitled  to remission of any fines, costs, or other
 2    money paid as a consequence of the  sealing  or  expungement.
 3    This  amendatory  Act  of  the 93rd General Assembly does not
 4    affect the right of the victim of a  crime  to  prosecute  or
 5    defend  a  civil action for damages. Persons engaged in civil
 6    litigation involving criminal records that have  been  sealed
 7    may  petition  the  court to open the records for the limited
 8    purpose of using them in the course of litigation.

 9        (20 ILCS 2630/13 new)
10        Sec. 13.  Prohibited conduct; misdemeanor; penalty.
11        (a)  The Department of State Police shall retain  records
12    sealed under subsections (h) and (i) of Section 5. The sealed
13    records shall be used and disseminated by the Department only
14    as  allowed  by  law.  Upon  conviction  for any offense, the
15    Department of Corrections shall have  access  to  all  sealed
16    records of the Department pertaining to that individual.
17        (b)  The  sealed  records maintained under subsection (a)
18    are exempt from disclosure under the Freedom  of  Information
19    Act.