HB6460 Engrossed LRB096 21102 RLC 36953 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 Section 5.2 as follows:
 
6     (20 ILCS 2630/5.2)
7     Sec. 5.2. 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 through 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),

 

 

HB6460 Engrossed - 2 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 3 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 4 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 5 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 6 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 7 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 8 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 9 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 10 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 11 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 12 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 13 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 14 - LRB096 21102 RLC 36953 b

1                 (ii) Section 4 of the Cannabis Control Act;
2                 (iii) Section 402 of the Illinois Controlled
3             Substances Act;
4                 (iv) the Methamphetamine Precursor Control
5             Act; and
6                 (v) the Steroid Control Act.
7         (3) When Records Are Eligible to Be Sealed. Records
8     identified as eligible under subsection (c)(2) may be
9     sealed as follows:
10             (A) Records identified as eligible under
11         subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
12         time.
13             (B) Records identified as eligible under
14         subsection (c)(2)(C) may be sealed (i) 3 years after
15         the termination of petitioner's last sentence (as
16         defined in subsection (a)(1)(F)) if the petitioner has
17         never been convicted of a criminal offense (as defined
18         in subsection (a)(1)(D)); or (ii) 4 years after the
19         termination of the petitioner's last sentence (as
20         defined in subsection (a)(1)(F)) if the petitioner has
21         ever been convicted of a criminal offense (as defined
22         in subsection (a)(1)(D)).
23             (C) Records identified as eligible under
24         subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
25         sealed 4 years after the termination of the
26         petitioner's last sentence (as defined in subsection

 

 

HB6460 Engrossed - 15 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 16 - LRB096 21102 RLC 36953 b

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

 

 

HB6460 Engrossed - 17 - LRB096 21102 RLC 36953 b

1         (5) Objections.
2             (A) Any party entitled to notice of the petition
3         may file an objection to the petition. All objections
4         shall be in writing, shall be filed with the circuit
5         court clerk, and shall state with specificity the basis
6         of the objection.
7             (B) Objections to a petition to expunge or seal
8         must be filed within 60 days of the date of service of
9         the petition.
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 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 to expunge or seal within 60 days from the
22         date of service of the petition, the court shall enter
23         an order granting or denying the petition.
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

 

 

HB6460 Engrossed - 18 - LRB096 21102 RLC 36953 b

1     date at least 30 days prior to the hearing, and shall hear
2     evidence on whether the petition should or should not be
3     granted, and shall grant or deny the petition to expunge or
4     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, within 60 days of the date of service of
22             the order, unless a motion to vacate, modify, or
23             reconsider the order is filed pursuant to
24             paragraph (12) of subsection (d) of this Section;
25                 (ii) the records of the circuit court clerk
26             shall be impounded until further order of the court

 

 

HB6460 Engrossed - 19 - LRB096 21102 RLC 36953 b

1             upon good cause shown and the name of the
2             petitioner obliterated on the official index
3             required to be kept by the circuit court clerk
4             under Section 16 of the Clerks of Courts Act, but
5             the order shall not affect any index issued by the
6             circuit court clerk before the entry of the order;
7             and
8                 (iii) in response to an inquiry for expunged
9             records, the court, the Department, or the agency
10             receiving such inquiry, shall reply as it does in
11             response to inquiries when no records ever
12             existed.
13             (B) Upon entry of an order to expunge records
14         pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
15                 (i) the records shall be expunged (as defined
16             in subsection (a)(1)(E)) by the arresting agency
17             and any other agency as ordered by the court,
18             within 60 days of the date of service of the order,
19             unless a motion to vacate, modify, or reconsider
20             the order is filed pursuant to paragraph (12) of
21             subsection (d) of this Section;
22                 (ii) the records of the circuit court clerk
23             shall be impounded until further order of the court
24             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

 

 

HB6460 Engrossed - 20 - LRB096 21102 RLC 36953 b

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) the records shall be impounded by the
5             Department within 60 days of the date of service of
6             the order as ordered by the court, unless a motion
7             to vacate, modify, or reconsider the order is filed
8             pursuant to paragraph (12) of subsection (d) of
9             this Section;
10                 (iv) records impounded by the Department may
11             be disseminated by the Department only to the
12             arresting authority, the State's Attorney, and the
13             court upon a later arrest for the same or a similar
14             offense or for the purpose of sentencing for any
15             subsequent felony, and to the Department of
16             Corrections upon conviction for any offense; and
17                 (v) in response to an inquiry for such records
18             from anyone not authorized by law to access such
19             records the court, the Department, or the agency
20             receiving such inquiry shall reply as it does in
21             response to inquiries when no records ever
22             existed.
23             (C) Upon entry of an order to seal records under
24         subsection (c), the arresting agency, any other agency
25         as ordered by the court, the Department, and the court
26         shall seal the records (as defined in subsection

 

 

HB6460 Engrossed - 21 - LRB096 21102 RLC 36953 b

1         (a)(1)(K)). In response to an inquiry for such records
2         from anyone not authorized by law to access such
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 existed.
6         (10) Fees. The Department may charge the petitioner a
7     fee equivalent to the cost of processing any order to
8     expunge or seal records. Notwithstanding any provision of
9     the Clerks of Courts Act to the contrary, the circuit court
10     clerk may charge a fee equivalent to the cost associated
11     with the sealing or expungement of records by the circuit
12     court clerk. From the total filing fee collected for the
13     petition to seal or expunge, the circuit court clerk shall
14     deposit $10 into the Circuit Court Clerk Operation and
15     Administrative Fund, to be used to offset the costs
16     incurred by the circuit court clerk in performing the
17     additional duties required to serve the petition to seal or
18     expunge on all parties. The circuit court clerk shall
19     collect and forward the Department of State Police portion
20     of the fee to the Department and it shall be deposited in
21     the State Police Services Fund.
22         (11) Final Order. No court order issued under the
23     expungement or sealing provisions of this Section shall
24     become final for purposes of appeal until 30 days after
25     service of the order on the petitioner and all parties
26     entitled to notice of the petition.

 

 

HB6460 Engrossed - 22 - LRB096 21102 RLC 36953 b

1         (12) Motion to Vacate, Modify, or Reconsider. The
2     petitioner or any party entitled to notice may file a
3     motion to vacate, modify, or reconsider the order granting
4     or denying the petition to expunge or seal within 60 days
5     of service of the order.
6     (e) Whenever a person who has been convicted of an offense
7 is granted a pardon by the Governor which specifically
8 authorizes expungement, he or she may, upon verified petition
9 to the Chief Judge of the circuit where the person had been
10 convicted, any judge of the circuit designated by the Chief
11 Judge, or in counties of less than 3,000,000 inhabitants, the
12 presiding trial judge at the defendant's trial, have a court
13 order entered expunging the record of arrest from the official
14 records of the arresting authority and order that the records
15 of the circuit court clerk and the Department be sealed until
16 further order of the court upon good cause shown or as
17 otherwise provided herein, and the name of the defendant
18 obliterated from the official index requested to be kept by the
19 circuit court clerk under Section 16 of the Clerks of Courts
20 Act in connection with the arrest and conviction for the
21 offense for which he or she had been pardoned but the order
22 shall not affect any index issued by the circuit court clerk
23 before the entry of the order. All records sealed by the
24 Department may be disseminated by the Department only as
25 required by law or to the arresting authority, the State's
26 Attorney, and the court upon a later arrest for the same or

 

 

HB6460 Engrossed - 23 - LRB096 21102 RLC 36953 b

1 similar offense or for the purpose of sentencing for any
2 subsequent felony. Upon conviction for any subsequent offense,
3 the Department of Corrections shall have access to all sealed
4 records of the Department pertaining to that individual. Upon
5 entry of the order of expungement, the circuit court clerk
6 shall promptly mail a copy of the order to the person who was
7 pardoned.
8     (f) Subject to available funding, the Illinois Department
9 of Corrections shall conduct a study of the impact of sealing,
10 especially on employment and recidivism rates, utilizing a
11 random sample of those who apply for the sealing of their
12 criminal records under Public Act 93-211. At the request of the
13 Illinois Department of Corrections, records of the Illinois
14 Department of Employment Security shall be utilized as
15 appropriate to assist in the study. The study shall not
16 disclose any data in a manner that would allow the
17 identification of any particular individual or employing unit.
18 The study shall be made available to the General Assembly no
19 later than September 1, 2010.
20 (Source: P.A. 96-409, eff. 1-1-10.)