HB1831 Engrossed LRB095 09795 RLC 30005 b

1     AN ACT concerning criminal law.
 
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 Sections 5 and 13 by adding Section 6 as follows:
 
6     (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
7     Sec. 5. Arrest reports; expungement.
8     (a) All policing bodies of this State shall furnish to the
9 Department, daily, in the form and detail the Department
10 requires, fingerprints and descriptions of all persons who are
11 arrested on charges of violating any penal statute of this
12 State for offenses that are classified as felonies and Class A
13 or B misdemeanors and of all minors of the age of 10 and over
14 who have been arrested for an offense which would be a felony
15 if committed by an adult, and may forward such fingerprints and
16 descriptions for minors arrested for Class A or B misdemeanors.
17 Moving or nonmoving traffic violations under the Illinois
18 Vehicle Code shall not be reported except for violations of
19 Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In
20 addition, conservation offenses, as defined in the Supreme
21 Court Rule 501(c), that are classified as Class B misdemeanors
22 shall not be reported.
23     Whenever an adult or minor prosecuted as an adult, not

 

 

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1 having previously been convicted of any criminal offense or
2 municipal ordinance violation, charged with a violation of a
3 municipal ordinance or a felony or misdemeanor, is acquitted or
4 released without being convicted, whether the acquittal or
5 release occurred before, on, or after the effective date of
6 this amendatory Act of 1991, the Chief Judge of the circuit
7 wherein the charge was brought, any judge of that circuit
8 designated by the Chief Judge, or in counties of less than
9 3,000,000 inhabitants, the presiding trial judge at the
10 defendant's trial may upon verified petition of the defendant
11 order the record of arrest expunged from the official records
12 of the arresting authority and the Department and order that
13 the records of the clerk of the circuit court be sealed until
14 further order of the court upon good cause shown and the name
15 of the defendant obliterated on the official index required to
16 be kept by the circuit court clerk under Section 16 of the
17 Clerks of Courts Act, but the order shall not affect any index
18 issued by the circuit court clerk before the entry of the
19 order. The Department may charge the petitioner a fee
20 equivalent to the cost of processing any order to expunge or
21 seal the records, and the fee shall be deposited into the State
22 Police Services Fund. The records of those arrests, however,
23 that result in a disposition of supervision for any offense
24 shall not be expunged from the records of the arresting
25 authority or the Department nor impounded by the court until 2
26 years after discharge and dismissal of supervision. Those

 

 

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1 records that result from a supervision for a violation of
2 Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
3 Vehicle Code or a similar provision of a local ordinance, or
4 for a violation of Section 12-3.2, 12-15 or 16A-3 of the
5 Criminal Code of 1961, or probation under Section 10 of the
6 Cannabis Control Act, Section 410 of the Illinois Controlled
7 Substances Act, Section 70 of the Methamphetamine Control and
8 Community Protection Act, Section 12-4.3(b)(1) and (2) of the
9 Criminal Code of 1961 (as those provisions existed before their
10 deletion by Public Act 89-313), Section 10-102 of the Illinois
11 Alcoholism and Other Drug Dependency Act when the judgment of
12 conviction has been vacated, Section 40-10 of the Alcoholism
13 and Other Drug Abuse and Dependency Act when the judgment of
14 conviction has been vacated, or Section 10 of the Steroid
15 Control Act shall not be expunged from the records of the
16 arresting authority nor impounded by the court until 5 years
17 after termination of probation or supervision. Those records
18 that result from a supervision for a violation of Section
19 11-501 of the Illinois Vehicle Code or a similar provision of a
20 local ordinance, shall not be expunged. All records set out
21 above may be ordered by the court to be expunged from the
22 records of the arresting authority and impounded by the court
23 after 5 years, but shall not be expunged by the Department, but
24 shall, on court order be sealed by the Department and may be
25 disseminated by the Department only as required by law or to
26 the arresting authority, the State's Attorney, and the court

 

 

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

 

 

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1 person obliterated on the official index required to be kept by
2 the circuit court clerk under Section 16 of the Clerks of
3 Courts Act, but the order shall not affect any index issued by
4 the circuit court clerk before the entry of the order. Nothing
5 in this Section shall limit the Department of State Police or
6 other criminal justice agencies or prosecutors from listing
7 under an offender's name the false names he or she has used.
8 For purposes of this Section, convictions for moving and
9 nonmoving traffic violations other than convictions for
10 violations of Chapter 4, Section 11-204.1 or Section 11-501 of
11 the Illinois Vehicle Code shall not be a bar to expunging the
12 record of arrest and court records for violation of a
13 misdemeanor or municipal ordinance.
14     (c) Whenever a person who has been convicted of an offense
15 is granted a pardon by the Governor which specifically
16 authorizes expungement, he may, upon verified petition to the
17 chief judge of the circuit where the person had been convicted,
18 any judge of the circuit designated by the Chief Judge, or in
19 counties of less than 3,000,000 inhabitants, the presiding
20 trial judge at the defendant's trial, may have a court order
21 entered expunging the record of arrest from the official
22 records of the arresting authority and order that the records
23 of the clerk of the circuit court and the Department be sealed
24 until further order of the court upon good cause shown or as
25 otherwise provided herein, and the name of the defendant
26 obliterated from the official index requested to be kept by the

 

 

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1 circuit court clerk under Section 16 of the Clerks of Courts
2 Act in connection with the arrest and conviction for the
3 offense for which he had been pardoned but the order shall not
4 affect any index issued by the circuit court clerk before the
5 entry of the order. All records sealed by the Department may be
6 disseminated by the Department only as required by law or to
7 the arresting authority, the State's Attorney, and the court
8 upon a later arrest for the same or similar offense or for the
9 purpose of sentencing for any subsequent felony. Upon
10 conviction for any subsequent offense, the Department of
11 Corrections shall have access to all sealed records of the
12 Department pertaining to that individual. Upon entry of the
13 order of expungement, the clerk of the circuit court shall
14 promptly mail a copy of the order to the person who was
15 pardoned.
16     (c-5) Whenever a person has been convicted of criminal
17 sexual assault, aggravated criminal sexual assault, predatory
18 criminal sexual assault of a child, criminal sexual abuse, or
19 aggravated criminal sexual abuse, the victim of that offense
20 may request that the State's Attorney of the county in which
21 the conviction occurred file a verified petition with the
22 presiding trial judge at the defendant's trial to have a court
23 order entered to seal the records of the clerk of the circuit
24 court in connection with the proceedings of the trial court
25 concerning that offense. However, the records of the arresting
26 authority and the Department of State Police concerning the

 

 

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1 offense shall not be sealed. The court, upon good cause shown,
2 shall make the records of the clerk of the circuit court in
3 connection with the proceedings of the trial court concerning
4 the offense available for public inspection.
5     (c-6) If a conviction has been set aside on direct review
6 or on collateral attack and the court determines by clear and
7 convincing evidence that the defendant was factually innocent
8 of the charge, the court shall enter an expungement order as
9 provided in subsection (b) of Section 5-5-4 of the Unified Code
10 of Corrections.
11     (d) Notice of the petition for subsections (a), (b), and
12 (c) shall be served upon the State's Attorney or prosecutor
13 charged with the duty of prosecuting the offense, the
14 Department of State Police, the arresting agency and the chief
15 legal officer of the unit of local government affecting the
16 arrest. Unless the State's Attorney or prosecutor, the
17 Department of State Police, the arresting agency or such chief
18 legal officer objects to the petition within 30 days from the
19 date of the notice, the court shall enter an order granting or
20 denying the petition. The clerk of the court shall promptly
21 mail a copy of the order to the person, the arresting agency,
22 the prosecutor, the Department of State Police and such other
23 criminal justice agencies as may be ordered by the judge.
24     (e) Nothing herein shall prevent the Department of State
25 Police from maintaining all records of any person who is
26 admitted to probation upon terms and conditions and who

 

 

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1 fulfills those terms and conditions pursuant to Section 10 of
2 the Cannabis Control Act, Section 410 of the Illinois
3 Controlled Substances Act, Section 70 of the Methamphetamine
4 Control and Community Protection Act, Section 12-4.3 of the
5 Criminal Code of 1961, Section 10-102 of the Illinois
6 Alcoholism and Other Drug Dependency Act, Section 40-10 of the
7 Alcoholism and Other Drug Abuse and Dependency Act, or Section
8 10 of the Steroid Control Act.
9     (f) No court order issued under the expungement provisions
10 of this Section shall become final for purposes of appeal until
11 30 days after notice is received by the Department. Any court
12 order contrary to the provisions of this Section is void.
13     (g) Except as otherwise provided in subsection (c-5) of
14 this Section, the court shall not order the sealing or
15 expungement of the arrest records and records of the circuit
16 court clerk of any person granted supervision for or convicted
17 of any sexual offense committed against a minor under 18 years
18 of age. For the purposes of this Section, "sexual offense
19 committed against a minor" includes but is not limited to the
20 offenses of indecent solicitation of a child or criminal sexual
21 abuse when the victim of such offense is under 18 years of age.
22     (h) (1) Applicability. Notwithstanding any other provision
23 of this Act to the contrary and cumulative with any rights to
24 expungement of criminal records, this subsection authorizes
25 the sealing of criminal records of adults and of minors
26 prosecuted as adults.

 

 

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1     (2) Sealable offenses. The following offenses may be
2 sealed:
3         (A) All municipal ordinance violations and
4     misdemeanors, with the exception of the following:
5             (i) violations of Section 11-501 of the Illinois
6         Vehicle Code or a similar provision of a local
7         ordinance;
8             (ii) violations of Article 11 of the Criminal Code
9         of 1961 or a similar provision of a local ordinance,
10         except Section 11-14 of the Criminal Code of 1961 as
11         provided in clause B(i) of this subsection (h);
12             (iii) violations of Section 12-15, 12-30, or 26-5
13         of the Criminal Code of 1961 or a similar provision of
14         a local ordinance;
15             (iv) violations that are a crime of violence as
16         defined in Section 2 of the Crime Victims Compensation
17         Act or a similar provision of a local ordinance;
18             (v) Class A misdemeanor violations of the Humane
19         Care for Animals Act; and
20             (vi) any offense or attempted offense that would
21         subject a person to registration under the Sex Offender
22         Registration Act.
23         (B) Misdemeanor and Class 4 felony violations of:
24             (i) Section 11-14 of the Criminal Code of 1961;
25             (ii) Section 4 of the Cannabis Control Act;
26             (iii) Section 402 of the Illinois Controlled

 

 

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1         Substances Act; and
2             (iv) Section 60 of the Methamphetamine Control and
3         Community Protection Act.
4         However, for purposes of this subsection (h), a
5     sentence of first offender probation under Section 10 of
6     the Cannabis Control Act, Section 410 of the Illinois
7     Controlled Substances Act, or Section 70 of the
8     Methamphetamine Control and Community Protection Act shall
9     be treated as a Class 4 felony conviction.
10     (3) Requirements for sealing. Records identified as
11 sealable under clause (h) (2) may be sealed when the individual
12 was:
13         (A) Acquitted of the offense or offenses or released
14     without being convicted.
15         (B) Convicted of the offense or offenses and the
16     conviction or convictions were reversed.
17         (C) Placed on misdemeanor supervision for an offense or
18     offenses; and
19             (i) at least 3 years have elapsed since the
20         completion of the term of supervision, or terms of
21         supervision, if more than one term has been ordered;
22         and
23             (ii) the individual has not been convicted of a
24         felony or misdemeanor or placed on supervision for a
25         misdemeanor or felony during the period specified in
26         clause (i).

 

 

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1         (D) Convicted of an offense or offenses; and
2             (i) at least 4 years have elapsed since the last
3         such conviction or term of any sentence, probation,
4         parole, or supervision, if any, whichever is last in
5         time; and
6             (ii) the individual has not been convicted of a
7         felony or misdemeanor or placed on supervision for a
8         misdemeanor or felony during the period specified in
9         clause (i).
10     (4) Requirements for sealing of records when more than one
11 charge and disposition have been filed. When multiple offenses
12 are petitioned to be sealed under this subsection (h), the
13 requirements of the relevant provisions of clauses (h)(3)(A)
14 through (D) each apply. In instances in which more than one
15 waiting period is applicable under clauses (h)(C)(i) and (ii)
16 and (h)(D)(i) and (ii), the longer applicable period applies,
17 and the requirements of clause (h) (3) shall be considered met
18 when the petition is filed after the passage of the longer
19 applicable waiting period. That period commences on the date of
20 the completion of the last sentence or the end of supervision,
21 probation, or parole, whichever is last in time.
22     (5) Subsequent convictions. A person may not have
23 subsequent felony conviction records sealed as provided in this
24 subsection (h) if he or she is convicted of any felony offense
25 after the date of the sealing of prior felony records as
26 provided in this subsection (h).

 

 

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1     (6) Notice of eligibility for sealing. Upon acquittal,
2 release without conviction, or being placed on supervision for
3 a sealable offense, or upon conviction of a sealable offense,
4 the person shall be informed by the court of the right to have
5 the records sealed and the procedures for the sealing of the
6 records.
7     (7) Procedure. Upon becoming eligible for the sealing of
8 records under this subsection (h), the person who seeks the
9 sealing of his or her records shall file a petition requesting
10 the sealing of records with the clerk of the court where the
11 charge or charges were brought. The records may be sealed by
12 the Chief Judge of the circuit wherein the charge was brought,
13 any judge of that circuit designated by the Chief Judge, or in
14 counties of less than 3,000,000 inhabitants, the presiding
15 trial judge at the defendant's trial, if any. If charges were
16 brought in multiple jurisdictions, a petition must be filed in
17 each such jurisdiction. The petitioner shall pay the applicable
18 fee, if not waived.
19         (A) Contents of petition. The petition shall contain
20     the petitioner's name, date of birth, current address, each
21     charge, each case number, the date of each charge, the
22     identity of the arresting authority, and such other
23     information as the court may require. During the pendency
24     of the proceeding, the petitioner shall promptly notify the
25     clerk of the court of any change of address.
26         (B) Drug test. A person filing a petition to have his

 

 

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1     or her records sealed for a Class 4 felony violation of
2     Section 4 of the Cannabis Control Act or for a Class 4
3     felony violation of Section 402 of the Illinois Controlled
4     Substances Act must attach to the petition proof that the
5     petitioner has passed a test taken within the previous 30
6     days before the filing of the petition showing the absence
7     within his or her body of all illegal substances in
8     violation of either the Illinois Controlled Substances Act
9     or the Cannabis Control Act.
10         (C) Service of petition. The clerk shall promptly serve
11     a copy of the petition on the State's Attorney or
12     prosecutor charged with the duty of prosecuting the
13     offense, the Department of State Police, the arresting
14     agency and the chief legal officer of the unit of local
15     government effecting the arrest.
16         (D) Entry of order. Unless the State's Attorney or
17     prosecutor, the Department of State Police, the arresting
18     agency or such chief legal officer objects to sealing of
19     the records within 90 days of notice the court shall enter
20     an order sealing the defendant's records.
21         (E) Hearing upon objection. If an objection is filed,
22     the court shall set a date for a hearing and notify the
23     petitioner and the parties on whom the petition had been
24     served, and shall hear evidence on whether the sealing of
25     the records should or should not be granted, and shall make
26     a determination on whether to issue an order to seal the

 

 

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1     records based on the evidence presented at the hearing.
2         (F) Service of order. After entering the order to seal
3     records, the court must provide copies of the order to the
4     Department, in a form and manner prescribed by the
5     Department, to the petitioner, to the State's Attorney or
6     prosecutor charged with the duty of prosecuting the
7     offense, to the arresting agency, to the chief legal
8     officer of the unit of local government effecting the
9     arrest, and to such other criminal justice agencies as may
10     be ordered by the court.
11     (8) Fees. Notwithstanding any provision of the Clerk of the
12 Courts Act to the contrary, and subject to the approval of the
13 county board, the clerk may charge a fee equivalent to the cost
14 associated with the sealing of records by the clerk and the
15 Department of State Police. The clerk shall forward the
16 Department of State Police portion of the fee to the Department
17 and it shall be deposited into the State Police Services Fund.
18     (i) Subject to available funding, the Illinois Department
19 of Corrections shall conduct a study of the impact of sealing,
20 especially on employment and recidivism rates, utilizing a
21 random sample of those who apply for the sealing of their
22 criminal records under Public Act 93-211, in accordance to
23 rules adopted by the Department. At the request of the Illinois
24 Department of Corrections, records of the Illinois Department
25 of Employment Security shall be utilized as appropriate to
26 assist in the study. The study shall not disclose any data in a

 

 

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1 manner that would allow the identification of any particular
2 individual or employing unit. The study shall be made available
3 to the General Assembly no later than September 1, 2006.
4 (Source: P.A. 93-210, eff. 7-18-03; 93-211, eff. 1-1-04;
5 93-1084, eff. 6-1-05; 94-556, eff. 9-11-05.)
 
6     (20 ILCS 2630/6 new)
7     Sec. 6. Expungement and sealing.
8     (a) General Provisions.
9         (1) Definitions. In this Act, words and phrases have
10     the meanings set forth in this subsection, except when a
11     particular context clearly requires a different meaning.
12             (A) The following terms shall have the meanings
13         ascribed to them in the Unified Code of Corrections,
14         730 ILCS 5/5-1-2 thru 5/5-1-22:
15                 (i) Business Offense (730 ILCS 5/5-1-2),
16                 (ii) Charge (730 ILCS 5/5-1-3),
17                 (iii) Court (730 ILCS 5/5-1-6),
18                 (iv) Defendant (730 ILCS 5/5-1-7),
19                 (v) Felony (730 ILCS 5/5-1-9),
20                 (vi) Imprisonment (730 ILCS 5/5-1-10),
21                 (vii) Judgment (730 ILCS 5/5-1-12),
22                 (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                 (ix) Offense (730 ILCS 5/5-1-15),
24                 (x) Parole (730 ILCS 5/5-1-16),
25                 (xi) Petty Offense (730 ILCS 5/5-1-17),

 

 

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

 

 

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

 

 

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1         ordered to run concurrently.
2             (G) "Minor traffic offense" means a petty offense,
3         business offense, or Class C misdemeanor under the
4         Illinois Vehicle Code or a similar provision of a
5         municipal or local ordinance.
6             (H) "Municipal ordinance violation" means an
7         offense defined by a municipal or local ordinance that
8         is criminal in nature and with which the petitioner was
9         charged or for which the petitioner was arrested and
10         released without charging.
11             (I) "Petitioner" means an adult or a minor
12         prosecuted as an adult who has applied for relief under
13         this Section.
14             (J) "Qualified probation" means an order of
15         probation under Section 10 of the Cannabis Control Act,
16         Section 410 of the Illinois Controlled Substances Act,
17         Section 70 of the Methamphetamine Control and
18         Community Protection Act, Section 12-4.3(b)(1) and (2)
19         of the Criminal Code of 1961 (as those provisions
20         existed before their deletion by Public Act 89-313),
21         Section 10-102 of the Illinois Alcoholism and Other
22         Drug Dependency Act, Section 40-10 of the Alcoholism
23         and Other Drug Abuse and Dependency Act, or Section 10
24         of the Steroid Control Act. For the purpose of this
25         Section, "successful completion" of an order of
26         qualified probation under Section 10-102 of the

 

 

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1         Illinois Alcoholism and Other Drug Dependency Act and
2         Section 40-10 of the Alcoholism and Other Drug Abuse
3         and Dependency Act means that the probation was
4         terminated satisfactorily and the judgment of
5         conviction was vacated.
6             (K) "Seal" means to physically and electronically
7         maintain the records, unless the records would
8         otherwise be destroyed due to age, but to make the
9         records unavailable without a court order, subject to
10         the exceptions in Sections 12 and 13 of this Act. The
11         petitioner's name shall also be obliterated from the
12         official index required to be kept by the circuit court
13         clerk under Section 16 of the Clerks of Courts Act, but
14         any index issued by the circuit court clerk before the
15         entry of the order to seal shall not be affected.
16             (L) "Sexual offense committed against a minor"
17         includes but is not limited to the offenses of indecent
18         solicitation of a child or criminal sexual abuse when
19         the victim of such offense is under 18 years of age.
20             (M) "Terminate" as it relates to a sentence or
21         order of supervision or qualified probation includes
22         either satisfactory or unsatisfactory termination of
23         the sentence, unless otherwise specified in this
24         Section.
25         (2) Minor Traffic Offenses. Orders of supervision or
26     convictions for minor traffic offenses shall not affect a

 

 

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1     petitioner's eligibility to expunge or seal records
2     pursuant to this Section.
3         (3) Exclusions. Except as otherwise provided in
4     subsections (b)(5), (b)(6), and subsection (e) of this
5     Section, the court shall not order:
6                 (A) the sealing or expungement of the records
7         of arrests or charges not initiated by arrest that
8         result in an order of supervision for or conviction of:
9         (i) any sexual offense committed against a minor; (ii)
10         Section 11-501 of the Illinois Vehicle Code or a
11         similar provision of a local ordinance; or (iii)
12         Section 11-503 of the Illinois Vehicle Code or a
13         similar provision of a local ordinance.
14             (B) the sealing or expungement of records of minor
15         traffic offenses (as defined in subsection (a)(1)(G)),
16         unless the petitioner was arrested and released
17         without charging.
18             (C) the sealing of the records of arrests or
19         charges not initiated by arrest which result in an
20         order of supervision, an order of qualified probation
21         (as defined in subsection (a)(1)(J)), or a conviction
22         for the following offenses:
23                 (i) offenses included in Article 11 of the
24             Criminal Code of 1961 or a similar provision of a
25             local ordinance, except Section 11-14 of the
26             Criminal Code of 1961 or a similar provision of a

 

 

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1             local ordinance;
2                 (ii) Section 12-15, 12-30, or 26-5 of the
3             Criminal Code of 1961 or a similar provision of a
4             local ordinance;
5                 (iii) offenses defined as "crimes of violence"
6             in Section 2 of the Crime Victims Compensation Act
7             or a similar provision of a local ordinance;
8                 (iv) offenses which are Class A misdemeanors
9             under the Humane Care for Animals Act; or
10                 (v) any offense or attempted offense that
11             would subject a person to registration under the
12             Sex Offender Registration Act.
13             (D) the sealing of the records of an arrest which
14         results in the petitioner being charged with a felony
15         offense or records of a charge not initiated by arrest
16         for a felony offense, regardless of the disposition,
17         unless:
18                 (i) the charge is amended to a misdemeanor and
19             is otherwise eligible to be sealed pursuant to
20             subsection (c);
21                 (ii) the charge results in first offender
22             probation as set forth in subsection (c)(2)(E); or
23                 (iii) the charge is for a Class 4 felony
24             offense listed in subsection (c)(2)(F) or the
25             charge is amended to a Class 4 felony offense
26             listed in subsection (c)(2)(F). Records of arrests

 

 

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1             which result in the petitioner being charged with a
2             Class 4 felony offense listed in subsection
3             (c)(2)(F), records of charges not initiated by
4             arrest for Class 4 felony offenses listed in
5             subsection (c)(2)(F), and records of charges
6             amended to a Class 4 felony offense listed in
7             (c)(2)(F) may be sealed, regardless of the
8             disposition, subject to any waiting periods set
9             forth in subsection (c)(3).
10     (b) Expungement.
11         (1) A petitioner may petition the circuit court to
12     expunge the records of his or her arrests and charges not
13     initiated by arrest when:
14             (A) He or she has never been convicted of a
15         criminal offense; and
16             (B) Each arrest or charge not initiated by arrest
17         sought to be expunged resulted in: (i) acquittal,
18         dismissal, or the petitioner's release without
19         charging, unless excluded by subsection (a)(3)(B);
20         (ii) a conviction which was vacated or reversed, unless
21         excluded by subsection (a)(3)(B); (iii) an order of
22         supervision and such supervision was successfully
23         completed by the petitioner, unless excluded by
24         subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
25         qualified probation (as defined in subsection
26         (a)(1)(J)) and such probation was successfully

 

 

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1         completed by the petitioner.
2         (2) Time frame for filing a petition to expunge.
3             (A) When the arrest or charge not initiated by
4         arrest sought to be expunged resulted in an acquittal,
5         dismissal, the petitioner's release without charging,
6         or the reversal or vacation of a conviction, there is
7         no waiting period to petition for the expungement of
8         such records.
9             (B) When the arrest or charge not initiated by
10         arrest sought to be expunged resulted in an order of
11         supervision, successfully completed by the petitioner,
12         the following time frames will apply:
13                 (i) Those arrests or charges that resulted in
14             orders of supervision under Section 3-707, 3-708,
15             3-710, 5-401.3, or 11-503 of the Illinois Vehicle
16             Code or a similar provision of a local ordinance,
17             or under Section 12-3.2, 12-15 or 16A-3 of the
18             Criminal Code of 1961, shall not be eligible for
19             expungement until 5 years have passed following
20             the satisfactory termination of the supervision.
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
4         expungement until 5 years have passed following the
5         satisfactory termination of the probation.
6         (3) Those records maintained by the Department for
7     persons arrested prior to their 17th birthday shall be
8     expunged as provided in Section 5-915 of the Juvenile Court
9     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 has stolen or otherwise come into possession
13     of, the aggrieved person from whom the identity was stolen
14     or otherwise obtained without authorization, upon learning
15     of the person having been arrested using his identity, may,
16     upon verified petition to the chief judge of the circuit
17     wherein the arrest was made, have a court order entered
18     nunc pro tunc by the chief judge to correct the arrest
19     record, conviction record, if any, and all official records
20     of the arresting authority, the Department, other criminal
21     justice agencies, the prosecutor, and the trial court
22     concerning such arrest, if any, by removing his name from
23     all such records in connection with the arrest and
24     conviction, if any, and by inserting in the records the
25     name of the offender, if known or ascertainable, in lieu of
26     the aggrieved's name. The records of the clerk of the

 

 

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

 

 

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1     trial court concerning the offense available for public
2     inspection.
3         (6) If a conviction has been set aside on direct review
4     or on collateral attack and the court determines by clear
5     and convincing evidence that the petitioner was factually
6     innocent of the charge, the court shall enter an
7     expungement order as provided in subsection (b) of Section
8     5-5-4 of the Unified Code of Corrections.
9         (7) Nothing herein shall prevent the Department of
10     State Police from maintaining all records of any person who
11     is admitted to probation upon terms and conditions and who
12     fulfills those terms and conditions pursuant to Section 10
13     of the Cannabis Control Act, Section 410 of the Illinois
14     Controlled Substances Act, Section 70 of the
15     Methamphetamine Control and Community Protection Act,
16     Section 12-4.3 of the Criminal Code of 1961, Section 10-102
17     of the Illinois Alcoholism and Other Drug Dependency Act,
18     Section 40-10 of the Alcoholism and Other Drug Abuse and
19     Dependency Act, or Section 10 of the Steroid Control Act.
20     (c) Sealing.
21         (1) Applicability. Notwithstanding any other provision
22     of this Act to the contrary, and cumulative with any rights
23     to expungement of criminal records, this subsection
24     authorizes the sealing of criminal records of adults and of
25     minors prosecuted as adults.
26         (2) Eligible Records. The following records may be

 

 

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1     sealed:
2             (A) All arrests resulting in release without
3         charging;
4             (B) Arrests or charges not initiated by arrest
5         resulting in acquittal, dismissal, or conviction when
6         the conviction was reversed or vacated, except as
7         excluded by subsection (a)(3)(B) or (a)(3)(D);
8             (C) Arrests or charges not initiated by arrest
9         resulting in orders of supervision successfully
10         completed by the petitioner, unless excluded by
11         subsection (a)(3);
12             (D) Arrests or charges not initiated by arrest
13         resulting in convictions unless excluded by subsection
14         (a)(3);
15             (E) Arrests or charges not initiated by arrest
16         resulting in orders of first offender probation under
17         Section 10 of the Cannabis Control Act, Section 410 of
18         the Illinois Controlled Substances Act, or Section 70
19         of the Methamphetamine Control and Community
20         Protection Act; and
21             (F) Arrests or charges not initiated by arrest
22         resulting in Class 4 felony convictions for the
23         following offenses:
24                 (i) Section 11-14 of the Criminal Code of 1961;
25                 (ii) Section 4 of the Cannabis Control Act;
26                 (iii) Section 402 of the Illinois Controlled

 

 

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1             Substances Act;
2                 (iv) the Methamphetamine Precursor Control
3             Act; and
4                 (v) the Steroid Control Act.
5         (3) When Records Are Eligible to Be Sealed. Records
6     identified as eligible under subsection (c)(2) may be
7     sealed as follows:
8             (A) Records identified as eligible under
9         subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
10         time.
11             (B) Records identified as eligible under
12         subsection (c)(2)(C) may be sealed (i) 3 years after
13         the termination of petitioner's last sentence (as
14         defined in subsection (a)(1)(F)) if the petitioner has
15         never been convicted of a criminal offense (as defined
16         in subsection (a)(1)(D)); or (ii) 4 years after the
17         termination of the petitioner's last sentence (as
18         defined in subsection (a)(1)(F)) if the petitioner has
19         ever been convicted of a criminal offense (as defined
20         in subsection (a)(1)(D)).
21             (C) Records identified as eligible under
22         subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
23         sealed 4 years after the termination of the
24         petitioner's last sentence (as defined in subsection
25         (a)(1)(F)).
26         (4) Subsequent felony convictions. A person may not

 

 

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

 

 

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1     birth, current address and, for each arrest or charge not
2     initiated by arrest sought to be sealed or expunged, the
3     case number, the date of arrest (if any), the identity of
4     the arresting authority, and such other information as the
5     court may require. During the pendency of the proceeding,
6     the petitioner shall promptly notify the clerk of the court
7     of any change of his or her address.
8         (3) Drug test. The petitioner must attach to the
9     petition proof that the petitioner has passed a test taken
10     within 30 days before the filing of the petition showing
11     the absence within his or her body of all illegal
12     substances as defined by the Illinois Controlled
13     Substances Act, the Methamphetamine Control and Community
14     Protection Act, and the Cannabis Control Act if he or she
15     is petitioning to seal felony records pursuant to clause
16     (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
17     petitioning to expunge felony records of a qualified
18     probation pursuant to clause (b)(1)(B)(iv).
19         (4) Service of petition. The clerk of the court shall
20     promptly serve a copy of the petition on the State's
21     Attorney or prosecutor charged with the duty of prosecuting
22     the offense, the Department of State Police, the arresting
23     agency and the chief legal officer of the unit of local
24     government effecting the arrest.
25         (5) Objections.
26             (A) Any party entitled to notice of the petition

 

 

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1         may file an objection to the petition. All objections
2         shall be in writing, shall be filed with the Clerk of
3         Court, and shall state with specificity the basis of
4         the objection.
5             (B) Objections to petitions to expunge or seal must
6         be filed within 60 days of the date of service of the
7         petition(s).
8         (6) Entry of order.
9             (A) The Chief Judge of the circuit wherein the
10         charge was brought, any judge of that circuit
11         designated by the Chief Judge, or in counties of less
12         than 3,000,000 inhabitants, the presiding trial judge
13         at the petitioner's trial, if any, shall rule on the
14         petition(s) to expunge or seal as set forth in this
15         subsection (d)(6).
16             (B) Unless the State's Attorney or prosecutor, the
17         Department of State Police, the arresting agency, or
18         the chief legal officer files an objection to the
19         petition(s) to expunge or seal within 60 days from the
20         date of service of the petition(s), the court shall
21         enter an order granting or denying the petition(s).
22         (7) Hearings. If an objection is filed, the court shall
23     set a date for a hearing and notify the petitioner and all
24     parties entitled to notice of the petition of the hearing
25     date at least 30 days prior to the hearing, and shall hear
26     evidence on whether the petition(s) should or should not be

 

 

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1     granted, and shall grant or deny the petition(s) to expunge
2     or seal the records based on the evidence presented at the
3     hearing.
4         (8) Service of order. After entering an order to
5     expunge or seal records, the court must provide copies of
6     the order to the Department, in a form and manner
7     prescribed by the Department, to the petitioner, to the
8     State's Attorney or prosecutor charged with the duty of
9     prosecuting the offense, to the arresting agency, to the
10     chief legal officer of the unit of local government
11     effecting the arrest, and to such other criminal justice
12     agencies as may be ordered by the court.
13         (9) Effect of order.
14             (A) Upon entry of an order to expunge records
15         pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both,
16                 (i) the records shall be expunged (as defined
17             in subsection (a)(1)(E)) by the arresting agency,
18             the Department, and any other agency as ordered by
19             the court; and
20                 (ii) the records of the clerk of the circuit
21             court shall be impounded until further order of the
22             court upon good cause shown and the name of the
23             petitioner obliterated on the official index
24             required to be kept by the circuit court clerk
25             under Section 16 of the Clerks of Courts Act, but
26             the order shall not affect any index issued by the

 

 

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1             circuit court clerk before the entry of the order.
2                 (iii) In response to an inquiry for expunged
3             records, the court, the Department, or the agency
4             receiving such inquiry shall reply as it does in
5             response to inquiries when no records ever
6             existed.
7             (B) Upon entry of an order to expunge records
8         pursuant to (b)(2)(B)(i) or (b)(2)(C), or both,
9                 (i) the records shall be expunged (as defined
10             in subsection (a)(1)(E)) by the arresting agency
11             and any other agency as ordered by the court;
12                 (ii) the records of the clerk of the circuit
13             court shall be impounded until further order of the
14             court upon good cause shown and the name of the
15             petitioner obliterated on the official index
16             required to be kept by the circuit court clerk
17             under Section 16 of the Clerks of Courts Act, but
18             the order shall not affect any index issued by the
19             circuit court clerk before the entry of the order;
20             and
21                 (iii) the records shall be impounded by the
22             Department.
23                 (iv) Records impounded by the Department may
24             be disseminated by the Department only to the
25             arresting authority, the State's Attorney, and the
26             court upon a later arrest for the same or a similar

 

 

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1             offense or for the purpose of sentencing for any
2             subsequent felony, and to the Department of
3             Corrections upon conviction for any offense.
4                 (v) In response to an inquiry for such records
5             from anyone not authorized by law to access such
6             records the court, the Department, or the agency
7             receiving such inquiry shall reply as it does in
8             response to inquiries when no records ever
9             existed.
10             (C) Upon entry of an order to seal records under
11         subsection (c), the arresting agency, any other agency
12         as ordered by the court, the Department, and the court
13         shall seal the records (as defined in subsection
14         (a)(1)(K)). In response to an inquiry for such records
15         from anyone not authorized by law to access such
16         records the court, the Department, or the agency
17         receiving such inquiry shall reply as it does in
18         response to inquiries when no records ever existed.
19         (10) Fees. The Department may charge the petitioner a
20     fee equivalent to the cost of processing any order to
21     expunge or seal records. Notwithstanding any provision of
22     the Clerks of Courts Act to the contrary, the clerk may
23     charge a fee equivalent to the cost associated with the
24     sealing or expungement of records by the clerk. From the
25     total filing fee collected for the petition to seal or
26     expunge, the clerk shall deposit $10 into the Circuit Court

 

 

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1     Clerk Operation and Administrative Fund, to be used to
2     offset the costs incurred by the Circuit Court Clerk in
3     performing the additional duties required to serve the
4     petition to seal or expunge on all parties. The clerk shall
5     collect and forward the Department of State Police portion
6     of the fee to the Department and it shall be deposited in
7     the State Police Services Fund.
8         (11) Final Order. No court order issued under the
9     expungement or sealing provisions of this Section shall
10     become final for purposes of appeal until 30 days after
11     service of the order on the petitioner and all parties
12     entitled to notice of the petition.
13         (12) Motion to Vacate, Modify, or Reconsider. The
14     petitioner or any party entitled to notice may file a
15     motion to vacate, modify, or reconsider the order(s)
16     granting or denying the petition(s) to expunge or seal
17     within 60 days of service of the order(s).
18         (13) Void Orders. Any court order to expunge or seal
19     records that is contrary to this Section is void.
20     (e) Whenever a person who has been convicted of an offense
21 is granted a pardon by the Governor which specifically
22 authorizes expungement, he or she may, upon verified petition
23 to the chief judge of the circuit where the person had been
24 convicted, any judge of the circuit designated by the Chief
25 Judge, or in counties of less than 3,000,000 inhabitants, the
26 presiding trial judge at the defendant's trial, may have a

 

 

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1 court order entered expunging the record of arrest from the
2 official records of the arresting authority and order that the
3 records of the clerk of the circuit court and the Department be
4 sealed until further order of the court upon good cause shown
5 or as otherwise provided herein, and the name of the defendant
6 obliterated from the official index requested to be kept by the
7 circuit court clerk under Section 16 of the Clerks of Courts
8 Act in connection with the arrest and conviction for the
9 offense for which he or she had been pardoned but the order
10 shall not affect any index issued by the circuit court clerk
11 before the entry of the order. All records sealed by the
12 Department may be disseminated by the Department only as
13 required by law or to the arresting authority, the State's
14 Attorney, and the court upon a later arrest for the same or
15 similar offense or for the purpose of sentencing for any
16 subsequent felony. Upon conviction for any subsequent offense,
17 the Department of Corrections shall have access to all sealed
18 records of the Department pertaining to that individual. Upon
19 entry of the order of expungement, the clerk of the circuit
20 court shall promptly mail a copy of the order to the person who
21 was pardoned.
22     (f) Subject to available funding, the Illinois Department
23 of Corrections shall conduct a study of the impact of sealing,
24 especially on employment and recidivism rates, utilizing a
25 random sample of those who apply for the sealing of their
26 criminal records under Public Act 93-211. At the request of the

 

 

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1 Illinois Department of Corrections, records of the Illinois
2 Department of Employment Security shall be utilized as
3 appropriate to assist in the study. The study shall not
4 disclose any data in a manner that would allow the
5 identification of any particular individual or employing unit.
6 The study shall be made available to the General Assembly no
7 later than September 1, 2009.
8     (g) Notwithstanding any other rulemaking authority that
9 may exist, neither the Governor nor any agency or agency head
10 under the jurisdiction of the Governor has any authority to
11 make or promulgate rules to implement or enforce the provisions
12 of this amendatory Act of the 95th General Assembly. If,
13 however, the Governor believes that rules are necessary to
14 implement or enforce the provisions of this amendatory Act of
15 the 95th General Assembly, the Governor may suggest rules to
16 the General Assembly by filing them with the Clerk of the House
17 and the Secretary of the Senate and by requesting that the
18 General Assembly authorize such rulemaking by law, enact those
19 suggested rules into law, or take any other appropriate action
20 in the General Assembly's discretion. Nothing contained in this
21 amendatory Act of the 95th General Assembly shall be
22 interpreted to grant rulemaking authority under any other
23 Illinois statute where such authority is not otherwise
24 explicitly given. For the purposes of this subsection (g),
25 "rules" is given the meaning contained in Section 1-70 of the
26 Illinois Administrative Procedure Act, and "agency" and

 

 

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1 "agency head" are given the meanings contained in Sections 1-20
2 and 1-25 of the Illinois Administrative Procedure Act to the
3 extent that such definitions apply to agencies or agency heads
4 under the jurisdiction of the Governor.
 
5     (20 ILCS 2630/13)
6     Sec. 13. Retention and release of sealed records.
7     (a) The Department of State Police shall retain records
8 sealed under subsection (c) (h) of Section 6 5 and shall
9 release them only as authorized by this Act. Felony records
10 sealed under subsection (c) (h) of Section 6 5 shall be used
11 and disseminated by the Department only as otherwise
12 specifically required or authorized by a federal or State law,
13 rule, or regulation that requires inquiry into and release of
14 criminal records, including, but not limited to, subsection (A)
15 of Section 3 of this Act. However, all requests for records
16 that have been expunged, sealed, and impounded and the use of
17 those records are subject to the provisions of Section 2-103 of
18 the Illinois Human Rights Act. Upon conviction for any offense,
19 the Department of Corrections shall have access to all sealed
20 records of the Department pertaining to that individual.
21     (b) Notwithstanding the foregoing, all sealed records are
22 subject to inspection and use by the court and inspection and
23 use by law enforcement agencies and State's Attorneys or other
24 prosecutors in carrying out the duties of their offices.
25     (c) The sealed records maintained under subsection (a) are

 

 

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1 exempt from disclosure under the Freedom of Information Act.
2     (d) The Department of State Police shall commence the
3 sealing of records of felony arrests and felony convictions
4 pursuant to the provisions of subsection (c) (h) of Section 6 5
5 of this Act no later than one year from the date that funds
6 have been made available for purposes of establishing the
7 technologies necessary to implement the changes made by this
8 amendatory Act of the 93rd General Assembly.
9 (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)