Rep. Constance A. Howard

Filed: 3/12/2008

 

 


 

 


 
09500HB1831ham003 LRB095 09795 RLC 48000 a

1
AMENDMENT TO HOUSE BILL 1831

2     AMENDMENT NO. ______. Amend House Bill 1831, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Criminal Identification Act is amended by
6 changing Section 5 and by adding Section 6 as 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 the
10 Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who are
12 arrested on charges of violating any penal statute of this
13 State for offenses that are classified as felonies and Class A
14 or B misdemeanors and of all minors of the age of 10 and over
15 who have been arrested for an offense which would be a felony
16 if committed by an adult, and may forward such fingerprints and

 

 

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1 descriptions for minors arrested for Class A or B misdemeanors.
2 Moving or nonmoving traffic violations under the Illinois
3 Vehicle Code shall not be reported except for violations of
4 Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In
5 addition, conservation offenses, as defined in the Supreme
6 Court Rule 501(c), that are classified as Class B misdemeanors
7 shall not be reported.
8     Whenever an adult or minor prosecuted as an adult, not
9 having previously been convicted of any criminal offense or
10 municipal ordinance violation, charged with a violation of a
11 municipal ordinance or a felony or misdemeanor, is acquitted or
12 released without being convicted, whether the acquittal or
13 release occurred before, on, or after the effective date of
14 this amendatory Act of 1991, the Chief Judge of the circuit
15 wherein the charge was brought, any judge of that circuit
16 designated by the Chief Judge, or in counties of less than
17 3,000,000 inhabitants, the presiding trial judge at the
18 defendant's trial may upon verified petition of the defendant
19 order the record of arrest expunged from the official records
20 of the arresting authority and the Department and order that
21 the records of the clerk of the circuit court be sealed until
22 further order of the court upon good cause shown and the name
23 of the defendant obliterated on the official index required to
24 be kept by the circuit court clerk under Section 16 of the
25 Clerks of Courts Act, but the order shall not affect any index
26 issued by the circuit court clerk before the entry of the

 

 

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1 order. The Department may charge the petitioner a fee
2 equivalent to the cost of processing any order to expunge or
3 seal the records, and the fee shall be deposited into the State
4 Police Services Fund. The records of those arrests, however,
5 that result in a disposition of supervision for any offense
6 shall not be expunged from the records of the arresting
7 authority or the Department nor impounded by the court until 2
8 years after discharge and dismissal of supervision. Those
9 records that result from a supervision for a violation of
10 Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
11 Vehicle Code or a similar provision of a local ordinance, or
12 for a violation of Section 12-3.2, 12-15 or 16A-3 of the
13 Criminal Code of 1961, or probation under Section 10 of the
14 Cannabis Control Act, Section 410 of the Illinois Controlled
15 Substances Act, Section 70 of the Methamphetamine Control and
16 Community Protection Act, Section 12-4.3(b)(1) and (2) of the
17 Criminal Code of 1961 (as those provisions existed before their
18 deletion by Public Act 89-313), Section 10-102 of the Illinois
19 Alcoholism and Other Drug Dependency Act when the judgment of
20 conviction has been vacated, Section 40-10 of the Alcoholism
21 and Other Drug Abuse and Dependency Act when the judgment of
22 conviction has been vacated, or Section 10 of the Steroid
23 Control Act shall not be expunged from the records of the
24 arresting authority nor impounded by the court until 5 years
25 after termination of probation or supervision. Those records
26 that result from a supervision for a violation of Section

 

 

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1 11-501 of the Illinois Vehicle Code or a similar provision of a
2 local ordinance, shall not be expunged. All records set out
3 above may be ordered by the court to be expunged from the
4 records of the arresting authority and impounded by the court
5 after 5 years, but shall not be expunged by the Department, but
6 shall, on court order be sealed by the Department and may be
7 disseminated by the Department only as required by law or to
8 the arresting authority, the State's Attorney, and the court
9 upon a later arrest for the same or a similar offense or for
10 the purpose of sentencing for any subsequent felony. Upon
11 conviction for any offense, the Department of Corrections shall
12 have access to all sealed records of the Department pertaining
13 to that individual.
14     (a-5) Those records maintained by the Department for
15 persons arrested prior to their 17th birthday shall be expunged
16 as provided in Section 5-915 of the Juvenile Court Act of 1987.
17     (b) Whenever a person has been convicted of a crime or of
18 the violation of a municipal ordinance, in the name of a person
19 whose identity he has stolen or otherwise come into possession
20 of, the aggrieved person from whom the identity was stolen or
21 otherwise obtained without authorization, upon learning of the
22 person having been arrested using his identity, may, upon
23 verified petition to the chief judge of the circuit wherein the
24 arrest was made, have a court order entered nunc pro tunc by
25 the chief judge to correct the arrest record, conviction
26 record, if any, and all official records of the arresting

 

 

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

 

 

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1 counties of less than 3,000,000 inhabitants, the presiding
2 trial judge at the defendant's trial, may have a court order
3 entered expunging the record of arrest from the official
4 records of the arresting authority and order that the records
5 of the clerk of the circuit court and the Department be sealed
6 until further order of the court upon good cause shown or as
7 otherwise provided herein, and the name of the defendant
8 obliterated from the official index requested to be kept by the
9 circuit court clerk under Section 16 of the Clerks of Courts
10 Act in connection with the arrest and conviction for the
11 offense for which he had been pardoned but the order shall not
12 affect any index issued by the circuit court clerk before the
13 entry of the order. All records sealed by the Department may be
14 disseminated by the Department only as required by law or to
15 the arresting authority, the State's Attorney, and the court
16 upon a later arrest for the same or similar offense or for the
17 purpose of sentencing for any subsequent felony. Upon
18 conviction for any subsequent offense, the Department of
19 Corrections shall have access to all sealed records of the
20 Department pertaining to that individual. Upon entry of the
21 order of expungement, the clerk of the circuit court shall
22 promptly mail a copy of the order to the person who was
23 pardoned.
24     (c-5) Whenever a person has been convicted of criminal
25 sexual assault, aggravated criminal sexual assault, predatory
26 criminal sexual assault of a child, criminal sexual abuse, or

 

 

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1 aggravated criminal sexual abuse, the victim of that offense
2 may request that the State's Attorney of the county in which
3 the conviction occurred file a verified petition with the
4 presiding trial judge at the defendant's trial to have a court
5 order entered to seal the records of the clerk of the circuit
6 court in connection with the proceedings of the trial court
7 concerning that offense. However, the records of the arresting
8 authority and the Department of State Police concerning the
9 offense shall not be sealed. The court, upon good cause shown,
10 shall make the records of the clerk of the circuit court in
11 connection with the proceedings of the trial court concerning
12 the offense available for public inspection.
13     (c-6) If a conviction has been set aside on direct review
14 or on collateral attack and the court determines by clear and
15 convincing evidence that the defendant was factually innocent
16 of the charge, the court shall enter an expungement order as
17 provided in subsection (b) of Section 5-5-4 of the Unified Code
18 of Corrections.
19     (d) Notice of the petition for subsections (a), (b), and
20 (c) shall be served upon the State's Attorney or prosecutor
21 charged with the duty of prosecuting the offense, the
22 Department of State Police, the arresting agency and the chief
23 legal officer of the unit of local government affecting the
24 arrest. Unless the State's Attorney or prosecutor, the
25 Department of State Police, the arresting agency or such chief
26 legal officer objects to the petition within 30 days from the

 

 

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1 date of the notice, the court shall enter an order granting or
2 denying the petition. The clerk of the court shall promptly
3 mail a copy of the order to the person, the arresting agency,
4 the prosecutor, the Department of State Police and such other
5 criminal justice agencies as may be ordered by the judge.
6     (e) Nothing herein shall prevent the Department of State
7 Police from maintaining all records of any person who is
8 admitted to probation upon terms and conditions and who
9 fulfills those terms and conditions pursuant to Section 10 of
10 the Cannabis Control Act, Section 410 of the Illinois
11 Controlled Substances Act, Section 70 of the Methamphetamine
12 Control and Community Protection Act, Section 12-4.3 of the
13 Criminal Code of 1961, Section 10-102 of the Illinois
14 Alcoholism and Other Drug Dependency Act, Section 40-10 of the
15 Alcoholism and Other Drug Abuse and Dependency Act, or Section
16 10 of the Steroid Control Act.
17     (f) No court order issued under the expungement provisions
18 of this Section shall become final for purposes of appeal until
19 30 days after notice is received by the Department. Any court
20 order contrary to the provisions of this Section is void.
21     (g) Except as otherwise provided in subsection (c-5) of
22 this Section, the court shall not order the sealing or
23 expungement of the arrest records and records of the circuit
24 court clerk of any person granted supervision for or convicted
25 of any sexual offense committed against a minor under 18 years
26 of age. For the purposes of this Section, "sexual offense

 

 

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1 committed against a minor" includes but is not limited to the
2 offenses of indecent solicitation of a child or criminal sexual
3 abuse when the victim of such offense is under 18 years of age.
4     (h) (1) Applicability. Notwithstanding any other provision
5 of this Act to the contrary and cumulative with any rights to
6 expungement of criminal records, this subsection authorizes
7 the sealing of criminal records of adults and of minors
8 prosecuted as adults.
9     (2) Sealable offenses. The following offenses may be
10 sealed:
11         (A) All municipal ordinance violations and
12     misdemeanors, with the exception of the following:
13             (i) violations of Section 11-501 of the Illinois
14         Vehicle Code or a similar provision of a local
15         ordinance;
16             (ii) violations of Article 11 of the Criminal Code
17         of 1961 or a similar provision of a local ordinance,
18         except Section 11-14 of the Criminal Code of 1961 as
19         provided in clause B(i) of this subsection (h);
20             (iii) violations of Section 12-15, 12-30, or 26-5
21         of the Criminal Code of 1961 or a similar provision of
22         a local ordinance;
23             (iv) violations that are a crime of violence as
24         defined in Section 2 of the Crime Victims Compensation
25         Act or a similar provision of a local ordinance;
26             (v) Class A misdemeanor violations of the Humane

 

 

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1         Care for Animals Act; and
2             (vi) any offense or attempted offense that would
3         subject a person to registration under the Sex Offender
4         Registration Act.
5         (B) Misdemeanor and Class 4 felony violations of:
6             (i) Section 11-14 of the Criminal Code of 1961;
7             (ii) Section 4 of the Cannabis Control Act;
8             (iii) Section 402 of the Illinois Controlled
9         Substances Act; and
10             (iv) Section 60 of the Methamphetamine Control and
11         Community Protection Act.
12         However, for purposes of this subsection (h), a
13     sentence of first offender probation under Section 10 of
14     the Cannabis Control Act, Section 410 of the Illinois
15     Controlled Substances Act, or Section 70 of the
16     Methamphetamine Control and Community Protection Act shall
17     be treated as a Class 4 felony conviction.
18     (3) Requirements for sealing. Records identified as
19 sealable under clause (h) (2) may be sealed when the individual
20 was:
21         (A) Acquitted of the offense or offenses or released
22     without being convicted.
23         (B) Convicted of the offense or offenses and the
24     conviction or convictions were reversed.
25         (C) Placed on misdemeanor supervision for an offense or
26     offenses; and

 

 

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

 

 

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1 applicable waiting period. That period commences on the date of
2 the completion of the last sentence or the end of supervision,
3 probation, or parole, whichever is last in time.
4     (5) Subsequent convictions. A person may not have
5 subsequent felony conviction records sealed as provided in this
6 subsection (h) if he or she is convicted of any felony offense
7 after the date of the sealing of prior felony records as
8 provided in this subsection (h).
9     (6) Notice of eligibility for sealing. Upon acquittal,
10 release without conviction, or being placed on supervision for
11 a sealable offense, or upon conviction of a sealable offense,
12 the person shall be informed by the court of the right to have
13 the records sealed and the procedures for the sealing of the
14 records.
15     (7) Procedure. Upon becoming eligible for the sealing of
16 records under this subsection (h), the person who seeks the
17 sealing of his or her records shall file a petition requesting
18 the sealing of records with the clerk of the court where the
19 charge or charges were brought. The records may be sealed by
20 the Chief Judge of the circuit wherein the charge was brought,
21 any judge of that circuit designated by the Chief Judge, or in
22 counties of less than 3,000,000 inhabitants, the presiding
23 trial judge at the defendant's trial, if any. If charges were
24 brought in multiple jurisdictions, a petition must be filed in
25 each such jurisdiction. The petitioner shall pay the applicable
26 fee, if not waived.

 

 

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1         (A) Contents of petition. The petition shall contain
2     the petitioner's name, date of birth, current address, each
3     charge, each case number, the date of each charge, the
4     identity of the arresting authority, and such other
5     information as the court may require. During the pendency
6     of the proceeding, the petitioner shall promptly notify the
7     clerk of the court of any change of address.
8         (B) Drug test. A person filing a petition to have his
9     or her records sealed for a Class 4 felony violation of
10     Section 4 of the Cannabis Control Act or for a Class 4
11     felony violation of Section 402 of the Illinois Controlled
12     Substances Act must attach to the petition proof that the
13     petitioner has passed a test taken within the previous 30
14     days before the filing of the petition showing the absence
15     within his or her body of all illegal substances in
16     violation of either the Illinois Controlled Substances Act
17     or the Cannabis Control Act.
18         (C) Service of petition. The clerk shall promptly serve
19     a copy of the petition on the State's Attorney or
20     prosecutor charged with the duty of prosecuting the
21     offense, the Department of State Police, the arresting
22     agency and the chief legal officer of the unit of local
23     government effecting the arrest.
24         (D) Entry of order. Unless the State's Attorney or
25     prosecutor, the Department of State Police, the arresting
26     agency or such chief legal officer objects to sealing of

 

 

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1     the records within 90 days of notice the court shall enter
2     an order sealing the defendant's records.
3         (E) Hearing upon objection. If an objection is filed,
4     the court shall set a date for a hearing and notify the
5     petitioner and the parties on whom the petition had been
6     served, and shall hear evidence on whether the sealing of
7     the records should or should not be granted, and shall make
8     a determination on whether to issue an order to seal the
9     records based on the evidence presented at the hearing.
10         (F) Service of order. After entering the order to seal
11     records, the court must provide copies of the order to the
12     Department, in a form and manner prescribed by the
13     Department, to the petitioner, to the State's Attorney or
14     prosecutor charged with the duty of prosecuting the
15     offense, to the arresting agency, to the chief legal
16     officer of the unit of local government effecting the
17     arrest, and to such other criminal justice agencies as may
18     be ordered by the court.
19     (8) Fees. Notwithstanding any provision of the Clerk of the
20 Courts Act to the contrary, and subject to the approval of the
21 county board, the clerk may charge a fee equivalent to the cost
22 associated with the sealing of records by the clerk and the
23 Department of State Police. The clerk shall forward the
24 Department of State Police portion of the fee to the Department
25 and it shall be deposited into the State Police Services Fund.
26     (i) Subject to available funding, the Illinois Department

 

 

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1 of Corrections shall conduct a study of the impact of sealing,
2 especially on employment and recidivism rates, utilizing a
3 random sample of those who apply for the sealing of their
4 criminal records under Public Act 93-211, in accordance to
5 rules adopted by the Department. At the request of the Illinois
6 Department of Corrections, records of the Illinois Department
7 of Employment Security shall be utilized as appropriate to
8 assist in the study. The study shall not disclose any data in a
9 manner that would allow the identification of any particular
10 individual or employing unit. The study shall be made available
11 to the General Assembly no later than September 1, 2006.
12 (Source: P.A. 93-210, eff. 7-18-03; 93-211, eff. 1-1-04;
13 93-1084, eff. 6-1-05; 94-556, eff. 9-11-05.)
 
14     (20 ILCS 2630/6 new)
15     Sec. 6. Expungement and sealing.
16     (a) General Provisions.
17         (1) Definitions. In this Act, words and phrases have
18     the meanings set forth in this subsection, except when a
19     particular context clearly requires a different meaning.
20             (A) The following terms shall have the meanings
21         ascribed to them in the Unified Code of Corrections,
22         730 ILCS 5/5-1-2 thru 5/5-1-22:
23                 (i) Business Offense (730 ILCS 5/5-1-2),
24                 (ii) Charge (730 ILCS 5/5-1-3),
25                 (iii) Court (730 ILCS 5/5-1-6),

 

 

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

 

 

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1         conviction. An order of supervision or an order of
2         qualified probation that is terminated
3         unsatisfactorily is a conviction, unless the
4         unsatisfactory termination is reversed, vacated, or
5         modified and the judgment of conviction, if any, is
6         reversed or vacated.
7             (D) "Criminal offense" means a petty offense,
8         business offense, misdemeanor, felony, or municipal
9         ordinance violation (as defined in (a)(1)(H)). As used
10         in this Section, a minor traffic offense (as defined in
11         subsection (a)(1)(G)) shall not be considered a
12         criminal offense.
13             (E) "Expunge" means to physically destroy the
14         records or return them to the petitioner and to
15         obliterate the petitioner's name from any official
16         index or public record, or both. Nothing in this Act
17         shall require the physical destruction of the Circuit
18         Court file, but such records relating to arrests or
19         charges, or both, ordered expunged shall be impounded
20         as required by subsections (d)(9)(A)(ii) and
21         (d)(9)(B)(ii).
22             (F) As used in this Section, "last sentence" means
23         the sentence, order of supervision, or order of
24         qualified probation (as defined by subsection
25         (a)(1)(J)), for a criminal offense (as defined by
26         (a)(1)(D)) that terminates last in time in any

 

 

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1         jurisdiction, regardless of whether the petitioner has
2         included the criminal offense for which the sentence or
3         order of supervision or qualified probation was
4         imposed in his or her petition or petitions. If
5         multiple sentences, orders of supervision, or orders
6         of qualified probation terminate on the same day and
7         are last in time, they shall be collectively considered
8         the "last sentence" regardless of whether they were
9         ordered to run concurrently.
10             (G) "Minor traffic offense" means a petty offense,
11         business offense, or Class C misdemeanor under the
12         Illinois Vehicle Code or a similar provision of a
13         municipal or local ordinance.
14             (H) "Municipal ordinance violation" means an
15         offense defined by a municipal or local ordinance that
16         is criminal in nature and with which the petitioner was
17         charged or for which the petitioner was arrested and
18         released without charging.
19             (I) "Petitioner" means an adult or a minor
20         prosecuted as an adult who has applied for relief under
21         this Section.
22             (J) "Qualified probation" means an order of
23         probation under Section 10 of the Cannabis Control Act,
24         Section 410 of the Illinois Controlled Substances Act,
25         Section 70 of the Methamphetamine Control and
26         Community Protection Act, Section 12-4.3(b)(1) and (2)

 

 

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1         of the Criminal Code of 1961 (as those provisions
2         existed before their deletion by Public Act 89-313),
3         Section 10-102 of the Illinois Alcoholism and Other
4         Drug Dependency Act, Section 40-10 of the Alcoholism
5         and Other Drug Abuse and Dependency Act, or Section 10
6         of the Steroid Control Act. For the purpose of this
7         Section, "successful completion" of an order of
8         qualified probation under Section 10-102 of the
9         Illinois Alcoholism and Other Drug Dependency Act and
10         Section 40-10 of the Alcoholism and Other Drug Abuse
11         and Dependency Act means that the probation was
12         terminated satisfactorily and the judgment of
13         conviction was vacated.
14             (K) "Seal" means to physically and electronically
15         maintain the records, unless the records would
16         otherwise be destroyed due to age, but to make the
17         records unavailable without a court order, subject to
18         the exceptions in Sections 12 and 13 of this Act. The
19         petitioner's name shall also be obliterated from the
20         official index required to be kept by the circuit court
21         clerk under Section 16 of the Clerks of Courts Act, but
22         any index issued by the circuit court clerk before the
23         entry of the order to seal shall not be affected.
24             (L) "Sexual offense committed against a minor"
25         includes but is not limited to the offenses of indecent
26         solicitation of a child or criminal sexual abuse when

 

 

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1         the victim of such offense is under 18 years of age.
2             (M) "Terminate" as it relates to a sentence or
3         order of supervision or qualified probation includes
4         either satisfactory or unsatisfactory termination of
5         the sentence, unless otherwise specified in this
6         Section.
7         (2) Minor Traffic Offenses. Orders of supervision or
8     convictions for minor traffic offenses shall not affect a
9     petitioner's eligibility to expunge or seal records
10     pursuant to this Section.
11         (3) Exclusions. Except as otherwise provided in
12     subsections (b)(5), (b)(6), and subsection (e) of this
13     Section, the court shall not order:
14             (A) the sealing or expungement of the records of
15     arrests or charges not initiated by arrest that result in
16     an order of supervision for or conviction of: (i) any
17     sexual offense committed against a minor; or (ii) Section
18     11-501 of the Illinois Vehicle Code or a similar provision
19     of a local ordinance.
20             (B) the sealing or expungement of records of minor
21         traffic offenses (as defined in subsection (a)(1)(G)),
22         unless the petitioner was arrested and released
23         without charging.
24             (C) the sealing of the records of arrests or
25         charges not initiated by arrest which result in an
26         order of supervision, an order of qualified probation

 

 

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

 

 

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

 

 

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1         excluded by subsection (a)(3)(B); (iii) an order of
2         supervision and such supervision was successfully
3         completed by the petitioner, unless excluded by
4         subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
5         qualified probation (as defined in subsection
6         (a)(1)(J)) and such probation was successfully
7         completed by the petitioner.
8         (2) Time frame for filing a petition to expunge.
9             (A) When the arrest or charge not initiated by
10         arrest sought to be expunged resulted in an acquittal,
11         dismissal, the petitioner's release without charging,
12         or the reversal or vacation of a conviction, there is
13         no waiting period to petition for the expungement of
14         such records.
15             (B) When the arrest or charge not initiated by
16         arrest sought to be expunged resulted in an order of
17         supervision, successfully completed by the petitioner,
18         the following time frames will apply:
19                 (i) Those arrests or charges that resulted in
20             orders of supervision under Section 3-707, 3-708,
21             3-710, 5-401.3, or 11-503 of the Illinois Vehicle
22             Code or a similar provision of a local ordinance,
23             or under Section 12-3.2, 12-15 or 16A-3 of the
24             Criminal Code of 1961, shall not be eligible for
25             expungement until 5 years have passed following
26             the satisfactory termination of the supervision.

 

 

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1                 (ii) Those arrests or charges that resulted in
2             orders of supervision for any other offenses shall
3             not be eligible for expungement until 2 years have
4             passed following the satisfactory termination of
5             the supervision.
6             (C) When the arrest or charge not initiated by
7         arrest sought to be expunged resulted in an order of
8         qualified probation, successfully completed by the
9         petitioner, such records shall not be eligible for
10         expungement until 5 years have passed following the
11         satisfactory termination of the probation.
12         (3) Those records maintained by the Department for
13     persons arrested prior to their 17th birthday shall be
14     expunged as provided in Section 5-915 of the Juvenile Court
15     Act of 1987.
16         (4) Whenever a person has been arrested for or
17     convicted of any offense, in the name of a person whose
18     identity he has stolen or otherwise come into possession
19     of, the aggrieved person from whom the identity was stolen
20     or otherwise obtained without authorization, upon learning
21     of the person having been arrested using his identity, may,
22     upon verified petition to the chief judge of the circuit
23     wherein the arrest was made, have a court order entered
24     nunc pro tunc by the chief judge to correct the arrest
25     record, conviction record, if any, and all official records
26     of the arresting authority, the Department, other criminal

 

 

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

 

 

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1     connection with the proceedings of the trial court
2     concerning that offense. However, the records of the
3     arresting authority and the Department of State Police
4     concerning the offense shall not be sealed. The court, upon
5     good cause shown, shall make the records of the clerk of
6     the circuit court in connection with the proceedings of the
7     trial court concerning the offense available for public
8     inspection.
9         (6) If a conviction has been set aside on direct review
10     or on collateral attack and the court determines by clear
11     and convincing evidence that the petitioner was factually
12     innocent of the charge, the court shall enter an
13     expungement order as provided in subsection (b) of Section
14     5-5-4 of the Unified Code of Corrections.
15         (7) Nothing herein shall prevent the Department of
16     State Police from maintaining all records of any person who
17     is admitted to probation upon terms and conditions and who
18     fulfills those terms and conditions pursuant to Section 10
19     of the Cannabis Control Act, Section 410 of the Illinois
20     Controlled Substances Act, Section 70 of the
21     Methamphetamine Control and Community Protection Act,
22     Section 12-4.3 of the Criminal Code of 1961, Section 10-102
23     of the Illinois Alcoholism and Other Drug Dependency Act,
24     Section 40-10 of the Alcoholism and Other Drug Abuse and
25     Dependency Act, or Section 10 of the Steroid Control Act.
26     (c) Sealing.

 

 

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1         (1) Applicability. Notwithstanding any other provision
2     of this Act to the contrary, and cumulative with any rights
3     to expungement of criminal records, this subsection
4     authorizes the sealing of criminal records of adults and of
5     minors prosecuted as adults.
6         (2) Eligible Records. The following records may be
7     sealed:
8             (A) All arrests resulting in release without
9         charging;
10             (B) Arrests or charges not initiated by arrest
11         resulting in acquittal, dismissal, or conviction when
12         the conviction was reversed or vacated, except as
13         excluded by subsection (a)(3)(B) or (a)(3)(D);
14             (C) Arrests or charges not initiated by arrest
15         resulting in orders of supervision successfully
16         completed by the petitioner, unless excluded by
17         subsection (a)(3);
18             (D) Arrests or charges not initiated by arrest
19         resulting in convictions unless excluded by subsection
20         (a)(3);
21             (E) Arrests or charges not initiated by arrest
22         resulting in orders of first offender probation under
23         Section 10 of the Cannabis Control Act, Section 410 of
24         the Illinois Controlled Substances Act, or Section 70
25         Methamphetamine Control and Community Protection Act;
26         and

 

 

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1             (F) Arrests or charges not initiated by arrest
2         resulting in Class 4 felony convictions for the
3         following offenses:
4                 (i) Section 11-14 of the Criminal Code of 1961;
5                 (ii) Section 4 of the Cannabis Control Act;
6                 (iii) Section 402 of the Illinois Controlled
7             Substances Act;
8                 (iv) the Methamphetamine Precursor Control
9             Act; and
10                 (v) the Steroid Control Act.
11         (3) When Records Are Eligible to Be Sealed. Records
12     identified as eligible under subsection (c)(2) may be
13     sealed as follows:
14             (A) Records identified as eligible under
15         subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
16         time.
17             (B) Records identified as eligible under
18         subsection (c)(2)(C) may be sealed (i) 3 years after
19         the termination of petitioner's last sentence (as
20         defined in subsection (a)(1)(F)) if the petitioner has
21         never been convicted of a criminal offense (as defined
22         in subsection (a)(1)(D)); or (ii) 4 years after the
23         termination of the petitioner's last sentence (as
24         defined in subsection (a)(1)(F)) if the petitioner has
25         ever been convicted of a criminal offense (as defined
26         in subsection (a)(1)(D)).

 

 

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1             (C) Records identified as eligible under
2         subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
3         sealed 4 years after the termination of the
4         petitioner's last sentence (as defined in subsection
5         (a)(1)(F)).
6         (4) Subsequent felony convictions. A person may not
7     have subsequent felony conviction records sealed as
8     provided in this subsection (c) if he or she is convicted
9     of any felony offense after the date of the sealing of
10     prior felony convictions as provided in this subsection
11     (c).
12         (5) Notice of eligibility for sealing. Upon entry of a
13     disposition for an eligible record under this subsection
14     (c), the petitioner shall be informed by the court of the
15     right to have the records sealed and the procedures for the
16     sealing of the records.
17     (d) Procedure. The following procedures apply to
18 expungement under subsection (b) and sealing under subsection
19 (c):
20         (1) Filing the petition. Upon becoming eligible to
21     petition for the expungement or sealing of records under
22     this Section, the petitioner shall file a petition
23     requesting the expungement or sealing of records with the
24     clerk of the court where the arrests occurred or the
25     charges were brought, or both. If arrests occurred or
26     charges were brought in multiple jurisdictions, a petition

 

 

09500HB1831ham003 - 30 - LRB095 09795 RLC 48000 a

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

 

 

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

 

 

09500HB1831ham003 - 32 - LRB095 09795 RLC 48000 a

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

 

 

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

 

 

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1             arresting authority, the State's Attorney, and the
2             court upon a later arrest for the same or a similar
3             offense or for the purpose of sentencing for any
4             subsequent felony, and to the Department of
5             Corrections upon conviction for any offense.
6                 (v) In response to an inquiry for such records
7             from anyone not authorized by law to access such
8             records the court, the Department, or the agency
9             receiving such inquiry shall reply as it does in
10             response to inquiries when no records ever
11             existed.
12             (C) Upon entry of an order to seal records under
13         subsection (c), the arresting agency, any other agency
14         as ordered by the court, the Department, and the court
15         shall seal the records (as defined in subsection
16         (a)(1)(K)). In response to an inquiry for such records
17         from anyone not authorized by law to access such
18         records the court, the Department, or the agency
19         receiving such inquiry shall reply as it does in
20         response to inquiries when no records ever existed.
21         (10) Fees. Notwithstanding any provision of the Clerk
22     of Courts Act to the contrary, and subject to the approval
23     of the county board, the clerk may charge a fee equivalent
24     to the cost associated with the sealing of records by the
25     clerk and the Department of State Police. The clerk shall
26     forward the Department of State Police portion of the fee

 

 

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1     to the Department and it shall be deposited into the State
2     Police Services Fund.
3         (11) Final Order. No court order issued under the
4     expungement or sealing provisions of this Section shall
5     become final for purposes of appeal until 30 days after
6     service of the order on the petitioner and all parties
7     entitled to notice of the petition.
8         (12) Motion to Vacate, Modify, or Reconsider. The
9     petitioner or any party entitled to notice may file a
10     motion to vacate, modify, or reconsider the order(s)
11     granting or denying the petition(s) to expunge or seal
12     within 60 days of service of the order(s).
13     (e) Expungement after Pardon. Whenever a person who has
14 been convicted of an offense is granted a pardon by the
15 Governor which specifically authorizes expungement, he or she
16 may, upon verified petition to the chief judge of the circuit
17 where the he or she had been convicted, any judge of the
18 circuit designated by the Chief Judge, or in counties of less
19 than 3,000,000 inhabitants, the presiding trial judge at his or
20 her trial, have an order entered expunging the record of the
21 arrest or arrests from the official records of the arresting
22 authority and ordering that the records of the clerk of the
23 circuit court and the Department be impounded until further
24 order of the court upon good cause shown or as otherwise
25 provided in this subsection (e), and the name of the petitioner
26 obliterated from the official index requested to be kept by the

 

 

09500HB1831ham003 - 36 - LRB095 09795 RLC 48000 a

1 circuit court clerk under Section 16 of the Clerks of Courts
2 Act in connection with the arrest and sentence for the offense
3 or offenses for which he or she had been pardoned but the order
4 shall not affect any index issued by the circuit court clerk
5 before the entry of the order. All records impounded by the
6 Department pursuant to this subsection (e) may be disseminated
7 by the Department only to the arresting authority, the State's
8 Attorney, and the court upon a later arrest for the same or
9 similar offense or for the purpose of sentencing for any
10 subsequent felony. Upon conviction for any subsequent offense,
11 the Department of Corrections shall have access to all
12 impounded records of the Department pertaining to that
13 individual. Upon entry of the order of expungement, the clerk
14 of the circuit court shall promptly mail a copy of the order to
15 the person who was pardoned.
16     (f) Subject to available funding, the Illinois Department
17 of Corrections shall conduct a study of the impact of sealing,
18 especially on employment and recidivism rates, utilizing a
19 random sample of those who apply for the sealing of their
20 criminal records under Public Act 93-211. At the request of the
21 Illinois Department of Corrections, records of the Illinois
22 Department of Employment Security shall be utilized as
23 appropriate to assist in the study. The study shall not
24 disclose any data in a manner that would allow the
25 identification of any particular individual or employing unit.
26 The study shall be made available to the General Assembly no

 

 

09500HB1831ham003 - 37 - LRB095 09795 RLC 48000 a

1 later than September 1, 2009.
2     (g) Notwithstanding any other rulemaking authority that
3 may exist, neither the Governor nor any agency or agency head
4 under the jurisdiction of the Governor has any authority to
5 make or promulgate rules to implement or enforce the provisions
6 of this amendatory Act of the 95th General Assembly. If,
7 however, the Governor believes that rules are necessary to
8 implement or enforce the provisions of this amendatory Act of
9 the 95th General Assembly, the Governor may suggest rules to
10 the General Assembly by filing them with the Clerk of the House
11 and the Secretary of the Senate and by requesting that the
12 General Assembly authorize such rulemaking by law, enact those
13 suggested rules into law, or take any other appropriate action
14 in the General Assembly's discretion. Nothing contained in this
15 amendatory Act of the 95th General Assembly shall be
16 interpreted to grant rulemaking authority under any other
17 Illinois statute where such authority is not otherwise
18 explicitly given. For the purposes of this subsection (g),
19 "rules" is given the meaning contained in Section 1-70 of the
20 Illinois Administrative Procedure Act, and "agency" and
21 "agency head" are given the meanings contained in Sections 1-20
22 and 1-25 of the Illinois Administrative Procedure Act to the
23 extent that such definitions apply to agencies or agency heads
24 under the jurisdiction of the Governor.".