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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Sections 5.2 and 13 as follows:
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6 | (20 ILCS 2630/5.2)
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7 | Sec. 5.2. Expungement and sealing. | ||||||
8 | (a) General Provisions. | ||||||
9 | (1) Definitions. In this Act, words and phrases have
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10 | the meanings set forth in this subsection, except when a
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11 | particular context clearly requires a different meaning. | ||||||
12 | (A) The following terms shall have the meanings | ||||||
13 | ascribed to them in the 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), |
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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. |
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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 |
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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 5-6-3.3 of the | ||||||
21 | Unified Code of Corrections, Section 12-4.3(b)(1) and | ||||||
22 | (2) of the Criminal Code of 1961 (as those provisions | ||||||
23 | existed before their deletion by Public Act 89-313), | ||||||
24 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
25 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
26 | and Other Drug Abuse and Dependency Act, or Section 10 |
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1 | of the Steroid Control Act. For the purpose of this | ||||||
2 | Section, "successful completion" of an order of | ||||||
3 | qualified probation under Section 10-102 of the | ||||||
4 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
5 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
6 | and Dependency Act means that the probation was | ||||||
7 | terminated satisfactorily and the judgment of | ||||||
8 | conviction was vacated. | ||||||
9 | (K) "Seal" means to physically and electronically | ||||||
10 | maintain the records, unless the records would | ||||||
11 | otherwise be destroyed due to age, but to make the | ||||||
12 | records unavailable without a court order, subject to | ||||||
13 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
14 | petitioner's name shall also be obliterated from the | ||||||
15 | official index required to be kept by the circuit court | ||||||
16 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
17 | any index issued by the circuit court clerk before the | ||||||
18 | entry of the order to seal shall not be affected. | ||||||
19 | (L) "Sexual offense committed against a minor" | ||||||
20 | includes but is
not limited to the offenses of indecent | ||||||
21 | solicitation of a child
or criminal sexual abuse when | ||||||
22 | the victim of such offense is
under 18 years of age. | ||||||
23 | (M) "Terminate" as it relates to a sentence or | ||||||
24 | order of supervision or qualified probation includes | ||||||
25 | either satisfactory or unsatisfactory termination of | ||||||
26 | the sentence, unless otherwise specified in this |
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1 | Section. | ||||||
2 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
3 | convictions for minor traffic offenses shall not affect a | ||||||
4 | petitioner's eligibility to expunge or seal records | ||||||
5 | pursuant to this Section. | ||||||
6 | (3) Exclusions. Except as otherwise provided in | ||||||
7 | subsections (b)(5), (b)(6), (e), and (e-5) , and (e-6) of | ||||||
8 | this Section, the court shall not order: | ||||||
9 | (A) the sealing or expungement of the records of | ||||||
10 | arrests or charges not initiated by arrest that result | ||||||
11 | in an order of supervision for or conviction of:
(i) | ||||||
12 | any sexual offense committed against a
minor; (ii) | ||||||
13 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
14 | similar provision of a local ordinance; or (iii) | ||||||
15 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
16 | similar provision of a local ordinance, unless the | ||||||
17 | arrest or charge is for a misdemeanor violation of | ||||||
18 | subsection (a) of Section 11-503 or a similar provision | ||||||
19 | of a local ordinance, that occurred prior to the | ||||||
20 | offender reaching the age of 25 years and the offender | ||||||
21 | has no other conviction for violating Section 11-501 or | ||||||
22 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
23 | provision of a local ordinance. | ||||||
24 | (B) the sealing or expungement of records of minor | ||||||
25 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
26 | unless the petitioner was arrested and released |
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1 | without charging. | ||||||
2 | (C) the sealing of the records of arrests or | ||||||
3 | charges not initiated by arrest which result in an | ||||||
4 | order of supervision, an order of qualified probation | ||||||
5 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
6 | for the following offenses: | ||||||
7 | (i) offenses included in Article 11 of the | ||||||
8 | Criminal Code of 1961 or a similar provision of a | ||||||
9 | local ordinance, except Section 11-14 of the | ||||||
10 | Criminal Code of 1961 or a similar provision of a | ||||||
11 | local ordinance; | ||||||
12 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
13 | 26-5, or 48-1 of the Criminal Code of 1961 or a | ||||||
14 | similar provision of a local ordinance; | ||||||
15 | (iii) offenses defined as "crimes of violence" | ||||||
16 | in Section 2 of the Crime Victims Compensation Act | ||||||
17 | or a similar provision of a local ordinance; | ||||||
18 | (iv) offenses which are Class A misdemeanors | ||||||
19 | under the Humane Care for Animals Act; or | ||||||
20 | (v) any offense or attempted offense that | ||||||
21 | would subject a person to registration under the | ||||||
22 | Sex Offender Registration Act. | ||||||
23 | (D) the sealing of the records of an arrest which | ||||||
24 | results in
the petitioner being charged with a felony | ||||||
25 | offense or records of a charge not initiated by arrest | ||||||
26 | for a felony offense unless: |
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1 | (i) the charge is amended to a misdemeanor and | ||||||
2 | is otherwise
eligible to be sealed pursuant to | ||||||
3 | subsection (c); | ||||||
4 | (ii) the charge is brought along with another | ||||||
5 | charge as a part of one case and the charge results | ||||||
6 | in acquittal, dismissal, or conviction when the | ||||||
7 | conviction was reversed or vacated, and another | ||||||
8 | charge brought in the same case results in a | ||||||
9 | disposition for a misdemeanor offense that is | ||||||
10 | eligible to be sealed pursuant to subsection (c) or | ||||||
11 | a disposition listed in paragraph (i), (iii), or | ||||||
12 | (iv) of this subsection; | ||||||
13 | (iii) the charge results in first offender | ||||||
14 | probation as set forth in subsection (c)(2)(E); | ||||||
15 | (iv) the charge is for a Class 4 felony offense | ||||||
16 | listed in subsection (c)(2)(F) or the charge is | ||||||
17 | amended to a Class 4 felony offense listed in | ||||||
18 | subsection (c)(2)(F). Records of arrests which | ||||||
19 | result in the petitioner being charged with a Class | ||||||
20 | 4 felony offense listed in subsection (c)(2)(F), | ||||||
21 | records of charges not initiated by arrest for | ||||||
22 | Class 4 felony offenses listed in subsection | ||||||
23 | (c)(2)(F), and records of charges amended to a | ||||||
24 | Class 4 felony offense listed in (c)(2)(F) may be | ||||||
25 | sealed, regardless of the disposition, subject to | ||||||
26 | any waiting periods set forth in subsection |
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1 | (c)(3); | ||||||
2 | (v) the charge results in acquittal, | ||||||
3 | dismissal, or the petitioner's release without | ||||||
4 | conviction; or | ||||||
5 | (vi) the charge results in a conviction, but | ||||||
6 | the conviction was reversed or vacated. | ||||||
7 | (b) Expungement. | ||||||
8 | (1) A petitioner may petition the circuit court to | ||||||
9 | expunge the
records of his or her arrests and charges not | ||||||
10 | initiated by arrest when: | ||||||
11 | (A) He or she has never been convicted of a | ||||||
12 | criminal offense; and | ||||||
13 | (B) Each arrest or charge not initiated by arrest
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14 | sought to be expunged resulted in:
(i) acquittal, | ||||||
15 | dismissal, or the petitioner's release without | ||||||
16 | charging, unless excluded by subsection (a)(3)(B);
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17 | (ii) a conviction which was vacated or reversed, unless | ||||||
18 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
19 | supervision and such supervision was successfully | ||||||
20 | completed by the petitioner, unless excluded by | ||||||
21 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
22 | qualified probation (as defined in subsection | ||||||
23 | (a)(1)(J)) and such probation was successfully | ||||||
24 | completed by the petitioner. | ||||||
25 | (2) Time frame for filing a petition to expunge. | ||||||
26 | (A) When the arrest or charge not initiated by |
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1 | arrest sought to be expunged resulted in an acquittal, | ||||||
2 | dismissal, the petitioner's release without charging, | ||||||
3 | or the reversal or vacation of a conviction, there is | ||||||
4 | no waiting period to petition for the expungement of | ||||||
5 | such records. | ||||||
6 | (B) When the arrest or charge not initiated by | ||||||
7 | arrest
sought to be expunged resulted in an order of | ||||||
8 | supervision, successfully
completed by the petitioner, | ||||||
9 | the following time frames will apply: | ||||||
10 | (i) Those arrests or charges that resulted in | ||||||
11 | orders of
supervision under Section 3-707, 3-708, | ||||||
12 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
13 | similar provision of a local ordinance, or under | ||||||
14 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
15 | Code of 1961 or a similar provision of a local | ||||||
16 | ordinance, shall not be eligible for expungement | ||||||
17 | until 5 years have passed following the | ||||||
18 | satisfactory termination of the supervision. | ||||||
19 | (i-5) Those arrests or charges that resulted | ||||||
20 | in orders of supervision for a misdemeanor | ||||||
21 | violation of subsection (a) of Section 11-503 of | ||||||
22 | the Illinois Vehicle Code or a similar provision of | ||||||
23 | a local ordinance, that occurred prior to the | ||||||
24 | offender reaching the age of 25 years and the | ||||||
25 | offender has no other conviction for violating | ||||||
26 | Section 11-501 or 11-503 of the Illinois Vehicle |
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1 | Code or a similar provision of a local ordinance | ||||||
2 | shall not be eligible for expungement until the | ||||||
3 | petitioner has reached the age of 25 years. | ||||||
4 | (ii) Those arrests or charges that resulted in | ||||||
5 | orders
of supervision for any other offenses shall | ||||||
6 | not be
eligible for expungement until 2 years have | ||||||
7 | passed
following the satisfactory termination of | ||||||
8 | the supervision. | ||||||
9 | (C) When the arrest or charge not initiated by | ||||||
10 | arrest sought to
be expunged resulted in an order of | ||||||
11 | qualified probation, successfully
completed by the | ||||||
12 | petitioner, such records shall not be eligible for
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13 | expungement until 5 years have passed following the | ||||||
14 | satisfactory
termination of the probation. | ||||||
15 | (3) Those records maintained by the Department for
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16 | persons arrested prior to their 17th birthday shall be
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17 | expunged as provided in Section 5-915 of the Juvenile Court
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18 | Act of 1987. | ||||||
19 | (4) Whenever a person has been arrested for or | ||||||
20 | convicted of any
offense, in the name of a person whose | ||||||
21 | identity he or she has stolen or otherwise
come into | ||||||
22 | possession of, the aggrieved person from whom the identity
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23 | was stolen or otherwise obtained without authorization,
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24 | upon learning of the person having been arrested using his
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25 | or her identity, may, upon verified petition to the chief | ||||||
26 | judge of
the circuit wherein the arrest was made, have a |
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1 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
2 | correct the
arrest record, conviction record, if any, and | ||||||
3 | all official
records of the arresting authority, the | ||||||
4 | Department, other
criminal justice agencies, the | ||||||
5 | prosecutor, and the trial
court concerning such arrest, if | ||||||
6 | any, by removing his or her name
from all such records in | ||||||
7 | connection with the arrest and
conviction, if any, and by | ||||||
8 | inserting in the records the
name of the offender, if known | ||||||
9 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
10 | records of the circuit court clerk shall be sealed until | ||||||
11 | further order of
the court upon good cause shown and the | ||||||
12 | name of the
aggrieved person obliterated on the official | ||||||
13 | index
required to be kept by the circuit court clerk under
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14 | Section 16 of the Clerks of Courts Act, but the order shall
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15 | not affect any index issued by the circuit court clerk
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16 | before the entry of the order. Nothing in this Section
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17 | shall limit the Department of State Police or other
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18 | criminal justice agencies or prosecutors from listing
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19 | under an offender's name the false names he or she has
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20 | used. | ||||||
21 | (5) Whenever a person has been convicted of criminal
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22 | sexual assault, aggravated criminal sexual assault,
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23 | predatory criminal sexual assault of a child, criminal
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24 | sexual abuse, or aggravated criminal sexual abuse, the
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25 | victim of that offense may request that the State's
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26 | Attorney of the county in which the conviction occurred
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1 | file a verified petition with the presiding trial judge at
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2 | the petitioner's trial to have a court order entered to | ||||||
3 | seal
the records of the circuit court clerk in connection
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4 | with the proceedings of the trial court concerning that
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5 | offense. However, the records of the arresting authority
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6 | and the Department of State Police concerning the offense
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7 | shall not be sealed. The court, upon good cause shown,
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8 | shall make the records of the circuit court clerk in
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9 | connection with the proceedings of the trial court
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10 | concerning the offense available for public inspection. | ||||||
11 | (6) If a conviction has been set aside on direct review
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12 | or on collateral attack and the court determines by clear
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13 | and convincing evidence that the petitioner was factually
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14 | innocent of the charge, the court shall enter an
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15 | expungement order as provided in subsection (b) of Section
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16 | 5-5-4 of the Unified Code of Corrections. | ||||||
17 | (7) Nothing in this Section shall prevent the | ||||||
18 | Department of
State Police from maintaining all records of | ||||||
19 | any person who
is admitted to probation upon terms and | ||||||
20 | conditions and who
fulfills those terms and conditions | ||||||
21 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
22 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
23 | of the
Methamphetamine Control and Community Protection | ||||||
24 | Act,
Section 5-6-3.3 of the Unified Code of Corrections, | ||||||
25 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
26 | the Criminal Code of 1961, Section 10-102
of the Illinois |
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| |||||||
1 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
2 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
3 | Section 10 of the Steroid Control Act. | ||||||
4 | (c) Sealing. | ||||||
5 | (1) Applicability. Notwithstanding any other provision | ||||||
6 | of this Act to the contrary, and cumulative with any rights | ||||||
7 | to expungement of criminal records, this subsection | ||||||
8 | authorizes the sealing of criminal records of adults and of | ||||||
9 | minors prosecuted as adults. | ||||||
10 | (2) Eligible Records. The following records may be | ||||||
11 | sealed: | ||||||
12 | (A) All arrests resulting in release without | ||||||
13 | charging; | ||||||
14 | (B) Arrests or charges not initiated by arrest | ||||||
15 | resulting in acquittal, dismissal, or conviction when | ||||||
16 | the conviction was reversed or vacated, except as | ||||||
17 | excluded by subsection (a)(3)(B); | ||||||
18 | (C) Arrests or charges not initiated by arrest | ||||||
19 | resulting in orders of supervision successfully | ||||||
20 | completed by the petitioner, unless excluded by | ||||||
21 | subsection (a)(3); | ||||||
22 | (D) Arrests or charges not initiated by arrest | ||||||
23 | resulting in convictions unless excluded by subsection | ||||||
24 | (a)(3); | ||||||
25 | (E) Arrests or charges not initiated by arrest | ||||||
26 | resulting in orders of first offender probation under |
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| |||||||
1 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
2 | the Illinois Controlled Substances Act, Section 70 of | ||||||
3 | the Methamphetamine Control and Community Protection | ||||||
4 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
5 | Corrections; and | ||||||
6 | (F) Arrests or charges not initiated by arrest | ||||||
7 | resulting in Class 4 felony convictions for the | ||||||
8 | following offenses: | ||||||
9 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
10 | (ii) Section 4 of the Cannabis Control Act; | ||||||
11 | (iii) Section 402 of the Illinois Controlled | ||||||
12 | Substances Act; | ||||||
13 | (iv) the Methamphetamine Precursor Control | ||||||
14 | Act; and | ||||||
15 | (v) the Steroid Control Act. | ||||||
16 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
17 | identified as eligible under subsection (c)(2) may be | ||||||
18 | sealed as follows: | ||||||
19 | (A) Records identified as eligible under | ||||||
20 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
21 | time. | ||||||
22 | (B) Records identified as eligible under | ||||||
23 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
24 | the termination of petitioner's last sentence (as | ||||||
25 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
26 | never been convicted of a criminal offense (as defined |
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| |||||||
1 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
2 | termination of the petitioner's last sentence (as | ||||||
3 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
4 | ever been convicted of a criminal offense (as defined | ||||||
5 | in subsection (a)(1)(D)). | ||||||
6 | (C) Records identified as eligible under | ||||||
7 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
8 | sealed 4 years after the termination of the | ||||||
9 | petitioner's last sentence (as defined in subsection | ||||||
10 | (a)(1)(F)). | ||||||
11 | (D) Records identified in subsection | ||||||
12 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
13 | reached the age of 25 years. | ||||||
14 | (4) Subsequent felony convictions. A person may not | ||||||
15 | have
subsequent felony conviction records sealed as | ||||||
16 | provided in this subsection
(c) if he or she is convicted | ||||||
17 | of any felony offense after the date of the
sealing of | ||||||
18 | prior felony convictions as provided in this subsection | ||||||
19 | (c). The court may, upon conviction for a subsequent felony | ||||||
20 | offense, order the unsealing of prior felony conviction | ||||||
21 | records previously ordered sealed by the court. | ||||||
22 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
23 | disposition for an eligible record under this subsection | ||||||
24 | (c), the petitioner shall be informed by the court of the | ||||||
25 | right to have the records sealed and the procedures for the | ||||||
26 | sealing of the records. |
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| |||||||
1 | (d) Procedure. The following procedures apply to | ||||||
2 | expungement under subsections (b) , and (e), and (e-6) and | ||||||
3 | sealing under subsections (c) and (e-5): | ||||||
4 | (1) Filing the petition. Upon becoming eligible to | ||||||
5 | petition for
the expungement or sealing of records under | ||||||
6 | this Section, the petitioner shall file a petition | ||||||
7 | requesting the expungement
or sealing of records with the | ||||||
8 | clerk of the court where the arrests occurred or the | ||||||
9 | charges were brought, or both. If arrests occurred or | ||||||
10 | charges were brought in multiple jurisdictions, a petition | ||||||
11 | must be filed in each such jurisdiction. The petitioner | ||||||
12 | shall pay the applicable fee, if not waived. | ||||||
13 | (2) Contents of petition. The petition shall be
| ||||||
14 | verified and shall contain the petitioner's name, date of
| ||||||
15 | birth, current address and, for each arrest or charge not | ||||||
16 | initiated by
arrest sought to be sealed or expunged, the | ||||||
17 | case number, the date of
arrest (if any), the identity of | ||||||
18 | the arresting authority, and such
other information as the | ||||||
19 | court may require. During the pendency
of the proceeding, | ||||||
20 | the petitioner shall promptly notify the
circuit court | ||||||
21 | clerk of any change of his or her address. If the | ||||||
22 | petitioner has received a certificate of eligibility for | ||||||
23 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
24 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
25 | Corrections, the certificate shall be attached to the | ||||||
26 | petition. |
| |||||||
| |||||||
1 | (3) Drug test. The petitioner must attach to the | ||||||
2 | petition proof that the petitioner has passed a test taken | ||||||
3 | within 30 days before the filing of the petition showing | ||||||
4 | the absence within his or her body of all illegal | ||||||
5 | substances as defined by the Illinois Controlled | ||||||
6 | Substances Act, the Methamphetamine Control and Community | ||||||
7 | Protection Act, and the Cannabis Control Act if he or she | ||||||
8 | is petitioning to seal felony records pursuant to clause | ||||||
9 | (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is | ||||||
10 | petitioning to expunge felony records of a qualified | ||||||
11 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
12 | (4) Service of petition. The circuit court clerk shall | ||||||
13 | promptly
serve a copy of the petition and documentation to | ||||||
14 | support the petition under subsection (e), (e-5), or (e-6) | ||||||
15 | on the State's Attorney or
prosecutor charged with the duty | ||||||
16 | of prosecuting the
offense, the Department of State Police, | ||||||
17 | the arresting
agency and the chief legal officer of the | ||||||
18 | unit of local
government effecting the arrest. | ||||||
19 | (5) Objections. | ||||||
20 | (A) Any party entitled to notice of the petition | ||||||
21 | may file an objection to the petition. All objections | ||||||
22 | shall be in writing, shall be filed with the circuit | ||||||
23 | court clerk, and shall state with specificity the basis | ||||||
24 | of the objection. | ||||||
25 | (B) Objections to a petition to expunge or seal | ||||||
26 | must be filed within 60 days of the date of service of |
| |||||||
| |||||||
1 | the petition. | ||||||
2 | (6) Entry of order. | ||||||
3 | (A) The Chief Judge of the circuit wherein the | ||||||
4 | charge was brought, any judge of that circuit | ||||||
5 | designated by the Chief Judge, or in counties of less | ||||||
6 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
7 | at the petitioner's trial, if any, shall rule on the | ||||||
8 | petition to expunge or seal as set forth in this | ||||||
9 | subsection (d)(6). | ||||||
10 | (B) Unless the State's Attorney or prosecutor, the | ||||||
11 | Department of
State Police, the arresting agency, or | ||||||
12 | the chief legal officer
files an objection to the | ||||||
13 | petition to expunge or seal within 60 days from the | ||||||
14 | date of service of the petition, the court shall enter | ||||||
15 | an order granting or denying the petition. | ||||||
16 | (7) Hearings. If an objection is filed, the court shall | ||||||
17 | set a date for a hearing and notify the petitioner and all | ||||||
18 | parties entitled to notice of the petition of the hearing | ||||||
19 | date at least 30 days prior to the hearing, and shall hear | ||||||
20 | evidence on whether the petition should or should not be | ||||||
21 | granted, and shall grant or deny the petition to expunge or | ||||||
22 | seal the records based on the evidence presented at the | ||||||
23 | hearing. | ||||||
24 | (8) Service of order. After entering an order to | ||||||
25 | expunge or
seal records, the court must provide copies of | ||||||
26 | the order to the
Department, in a form and manner |
| |||||||
| |||||||
1 | prescribed by the Department,
to the petitioner, to the | ||||||
2 | State's Attorney or prosecutor
charged with the duty of | ||||||
3 | prosecuting the offense, to the
arresting agency, to the | ||||||
4 | chief legal officer of the unit of
local government | ||||||
5 | effecting the arrest, and to such other
criminal justice | ||||||
6 | agencies as may be ordered by the court. | ||||||
7 | (9) Effect of order. | ||||||
8 | (A) Upon entry of an order to expunge records | ||||||
9 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
10 | (i) the records shall be expunged (as defined | ||||||
11 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
12 | the Department, and any other agency as ordered by | ||||||
13 | the court, within 60 days of the date of service of | ||||||
14 | the order, unless a motion to vacate, modify, or | ||||||
15 | reconsider the order is filed pursuant to | ||||||
16 | paragraph (12) of subsection (d) of this Section; | ||||||
17 | (ii) the records of the circuit court clerk | ||||||
18 | shall be impounded until further order of the court | ||||||
19 | upon good cause shown and the name of the | ||||||
20 | petitioner obliterated on the official index | ||||||
21 | required to be kept by the circuit court clerk | ||||||
22 | under Section 16 of the Clerks of Courts Act, but | ||||||
23 | the order shall not affect any index issued by the | ||||||
24 | circuit court clerk before the entry of the order; | ||||||
25 | and | ||||||
26 | (iii) in response to an inquiry for expunged |
| |||||||
| |||||||
1 | records, the court, the Department, or the agency | ||||||
2 | receiving such inquiry, shall reply as it does in | ||||||
3 | response to inquiries when no records ever | ||||||
4 | existed. | ||||||
5 | (B) Upon entry of an order to expunge records | ||||||
6 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
7 | (i) the records shall be expunged (as defined | ||||||
8 | in subsection (a)(1)(E)) by the arresting agency | ||||||
9 | and any other agency as ordered by the court, | ||||||
10 | within 60 days of the date of service of the order, | ||||||
11 | unless a motion to vacate, modify, or reconsider | ||||||
12 | the order is filed pursuant to paragraph (12) of | ||||||
13 | subsection (d) of this Section; | ||||||
14 | (ii) the records of the circuit court clerk | ||||||
15 | shall be impounded until further order of the court | ||||||
16 | 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 | (iii) the records shall be impounded by the
| ||||||
23 | Department within 60 days of the date of service of | ||||||
24 | the order as ordered by the court, unless a motion | ||||||
25 | to vacate, modify, or reconsider the order is filed | ||||||
26 | pursuant to paragraph (12) of subsection (d) of |
| |||||||
| |||||||
1 | this Section; | ||||||
2 | (iv) records impounded by the Department may | ||||||
3 | be disseminated by the Department only as required | ||||||
4 | by law or to the arresting authority, the State's | ||||||
5 | Attorney, and the court upon a later arrest for the | ||||||
6 | same or a similar offense or for the purpose of | ||||||
7 | sentencing for any subsequent felony, and to the | ||||||
8 | Department of Corrections upon conviction for any | ||||||
9 | offense; and | ||||||
10 | (v) in response to an inquiry for such records | ||||||
11 | from anyone not authorized by law to access such | ||||||
12 | records the court, the Department, or the agency | ||||||
13 | receiving such inquiry shall reply as it does in | ||||||
14 | response to inquiries when no records ever | ||||||
15 | existed. | ||||||
16 | (B-5) Upon entry of an order to expunge records | ||||||
17 | under subsection (e-6): | ||||||
18 | (i) the records shall be expunged (as defined | ||||||
19 | in subsection (a)(1)(E)) by the arresting agency | ||||||
20 | and any other agency as ordered by the court, | ||||||
21 | within 60 days of the date of service of the order, | ||||||
22 | unless a motion to vacate, modify, or reconsider | ||||||
23 | the order is filed under paragraph (12) of | ||||||
24 | subsection (d) of this Section; | ||||||
25 | (ii) the records of the circuit court clerk | ||||||
26 | shall be impounded until further order of the court |
| |||||||
| |||||||
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 | (iii) the records shall be impounded by the
| ||||||
8 | Department within 60 days of the date of service of | ||||||
9 | the order as ordered by the court, unless a motion | ||||||
10 | to vacate, modify, or reconsider the order is filed | ||||||
11 | under paragraph (12) of subsection (d) of this | ||||||
12 | Section; | ||||||
13 | (iv) records impounded by the Department may | ||||||
14 | be disseminated by the Department only as required | ||||||
15 | by law or to the arresting authority, the State's | ||||||
16 | Attorney, and the court upon a later arrest for the | ||||||
17 | same or a similar offense or for the purpose of | ||||||
18 | sentencing for any subsequent felony, and to the | ||||||
19 | Department of Corrections upon conviction for any | ||||||
20 | offense; and | ||||||
21 | (v) in response to an inquiry for these records | ||||||
22 | from anyone not authorized by law to access the | ||||||
23 | records the court, the Department, or the agency | ||||||
24 | receiving the inquiry shall reply as it does in | ||||||
25 | response to inquiries when no records ever | ||||||
26 | existed. |
| |||||||
| |||||||
1 | (C) Upon entry of an order to seal records under | ||||||
2 | subsection
(c), the arresting agency, any other agency | ||||||
3 | as ordered by the court, the Department, and the court | ||||||
4 | shall seal the records (as defined in subsection | ||||||
5 | (a)(1)(K)). In response to an inquiry for such records | ||||||
6 | from anyone not authorized by law to access such | ||||||
7 | records the court, the Department, or the agency | ||||||
8 | receiving such inquiry shall reply as it does in | ||||||
9 | response to inquiries when no records ever existed. | ||||||
10 | (10) Fees. The Department may charge the petitioner a | ||||||
11 | fee equivalent to the cost of processing any order to | ||||||
12 | expunge or seal records. Notwithstanding any provision of | ||||||
13 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
14 | clerk may charge a fee equivalent to the cost associated | ||||||
15 | with the sealing or expungement of records by the circuit | ||||||
16 | court clerk. From the total filing fee collected for the | ||||||
17 | petition to seal or expunge, the circuit court clerk shall | ||||||
18 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund, to be used to offset the costs | ||||||
20 | incurred by the circuit court clerk in performing the | ||||||
21 | additional duties required to serve the petition to seal or | ||||||
22 | expunge on all parties. The circuit court clerk shall | ||||||
23 | collect and forward the Department of State Police portion | ||||||
24 | of the fee to the Department and it shall be deposited in | ||||||
25 | the State Police Services Fund. | ||||||
26 | (11) Final Order. No court order issued under the |
| |||||||
| |||||||
1 | expungement or sealing provisions of this Section shall | ||||||
2 | become final for purposes of appeal until 30 days after | ||||||
3 | service of the order on the petitioner and all parties | ||||||
4 | entitled to notice of the petition. | ||||||
5 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
6 | petitioner or any party entitled to notice may file a | ||||||
7 | motion to vacate, modify, or reconsider the order granting | ||||||
8 | or denying the petition to expunge or seal within 60 days | ||||||
9 | of service of the order. | ||||||
10 | (e) Whenever a person who has been convicted of an offense | ||||||
11 | is granted
a pardon by the Governor which specifically | ||||||
12 | authorizes expungement, he or she may,
upon verified petition | ||||||
13 | to the Chief Judge of the circuit where the person had
been | ||||||
14 | convicted, any judge of the circuit designated by the Chief | ||||||
15 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
16 | presiding trial judge at the
defendant's trial, have a court | ||||||
17 | order entered expunging the record of
arrest from the official | ||||||
18 | records of the arresting authority and order that the
records | ||||||
19 | of the circuit court clerk and the Department be sealed until
| ||||||
20 | further order of the court upon good cause shown or as | ||||||
21 | otherwise provided
herein, and the name of the defendant | ||||||
22 | obliterated from the official index
requested to be kept by the | ||||||
23 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
24 | Act in connection with the arrest and conviction for the | ||||||
25 | offense for
which he or she had been pardoned but the order | ||||||
26 | shall not affect any index issued by
the circuit court clerk |
| |||||||
| |||||||
1 | before the entry of the order. All records sealed by
the | ||||||
2 | Department may be disseminated by the Department only to the | ||||||
3 | arresting authority, the State's Attorney, and the court upon a | ||||||
4 | later
arrest for the same or similar offense or for the purpose | ||||||
5 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
6 | any subsequent offense, the Department
of Corrections shall | ||||||
7 | have access to all sealed records of the Department
pertaining | ||||||
8 | to that individual. Upon entry of the order of expungement, the
| ||||||
9 | circuit court clerk shall promptly mail a copy of the order to | ||||||
10 | the
person who was pardoned. | ||||||
11 | (e-5) Whenever a person who has been convicted of an | ||||||
12 | offense is granted a certificate of eligibility for sealing by | ||||||
13 | the Prisoner Review Board which specifically authorizes | ||||||
14 | sealing, he or she may, upon verified petition to the Chief | ||||||
15 | Judge of the circuit where the person had been convicted, any | ||||||
16 | judge of the circuit designated by the Chief Judge, or in | ||||||
17 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
18 | trial judge at the petitioner's trial, have a court order | ||||||
19 | entered sealing the record of arrest from the official records | ||||||
20 | of the arresting authority and order that the records of the | ||||||
21 | circuit court clerk and the Department be sealed until further | ||||||
22 | order of the court upon good cause shown or as otherwise | ||||||
23 | provided herein, and the name of the petitioner obliterated | ||||||
24 | from the official index requested to be kept by the circuit | ||||||
25 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
26 | connection with the arrest and conviction for the offense for |
| |||||||
| |||||||
1 | which he or she had been granted the certificate but the order | ||||||
2 | shall not affect any index issued by the circuit court clerk | ||||||
3 | before the entry of the order. All records sealed by the | ||||||
4 | Department may be disseminated by the Department only as | ||||||
5 | required by this Act or to the arresting authority, a law | ||||||
6 | enforcement agency, the State's Attorney, and the court upon a | ||||||
7 | later arrest for the same or similar offense or for the purpose | ||||||
8 | of sentencing for any subsequent felony. Upon conviction for | ||||||
9 | any subsequent offense, the Department of Corrections shall | ||||||
10 | have access to all sealed records of the Department pertaining | ||||||
11 | to that individual. Upon entry of the order of sealing, the | ||||||
12 | circuit court clerk shall promptly mail a copy of the order to | ||||||
13 | the person who was granted the certificate of eligibility for | ||||||
14 | sealing. | ||||||
15 | (e-6) Whenever a person who has been convicted of an | ||||||
16 | offense is granted a certificate of eligibility for expungement | ||||||
17 | by the Prisoner Review Board which specifically authorizes | ||||||
18 | expungement, he or she may, upon verified petition to the Chief | ||||||
19 | Judge of the circuit where the person had been convicted, any | ||||||
20 | judge of the circuit designated by the Chief Judge, or in | ||||||
21 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
22 | trial judge at the petitioner's trial, have a court order | ||||||
23 | entered expunging the record of arrest from the official | ||||||
24 | records of the arresting authority and order that the records | ||||||
25 | of the circuit court clerk and the Department be sealed until | ||||||
26 | further order of the court upon good cause shown or as |
| |||||||
| |||||||
1 | otherwise provided herein, and the name of the petitioner | ||||||
2 | obliterated from the official index requested to be kept by the | ||||||
3 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
4 | Act in connection with the arrest and conviction for the | ||||||
5 | offense for which he or she had been granted the certificate | ||||||
6 | but the order shall not affect any index issued by the circuit | ||||||
7 | court clerk before the entry of the order. All records sealed | ||||||
8 | by the Department may be disseminated by the Department only as | ||||||
9 | required by this Act or to the arresting authority, a law | ||||||
10 | enforcement agency, the State's Attorney, and the court upon a | ||||||
11 | later arrest for the same or similar offense or for the purpose | ||||||
12 | of sentencing for any subsequent felony. Upon conviction for | ||||||
13 | any subsequent offense, the Department of Corrections shall | ||||||
14 | have access to all expunged records of the Department | ||||||
15 | pertaining to that individual. Upon entry of the order of | ||||||
16 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
17 | of the order to the person who was granted the certificate of | ||||||
18 | eligibility for expungement. | ||||||
19 | (f) Subject to available funding, the Illinois Department
| ||||||
20 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
21 | especially on employment and recidivism rates, utilizing a
| ||||||
22 | random sample of those who apply for the sealing of their
| ||||||
23 | criminal records under Public Act 93-211. At the request of the
| ||||||
24 | Illinois Department of Corrections, records of the Illinois
| ||||||
25 | Department of Employment Security shall be utilized as
| ||||||
26 | appropriate to assist in the study. The study shall not
|
| |||||||
| |||||||
1 | disclose any data in a manner that would allow the
| ||||||
2 | identification of any particular individual or employing unit.
| ||||||
3 | The study shall be made available to the General Assembly no
| ||||||
4 | later than September 1, 2010.
| ||||||
5 | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||||||
6 | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | ||||||
7 | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | ||||||
8 | eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13; | ||||||
9 | 97-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13; | ||||||
10 | 97-1120, eff. 1-1-13; revised 9-20-12.)
| ||||||
11 | (20 ILCS 2630/13)
| ||||||
12 | Sec. 13. Retention and release of sealed records. | ||||||
13 | (a) The Department of State Police shall retain records | ||||||
14 | sealed under
subsection (c) ,, or (e-5) of Section 5.2 or | ||||||
15 | impounded under subparagraph (B) or (B-5) of paragraph (9) of | ||||||
16 | subsection (d) of Section 5.2 and shall release them only as | ||||||
17 | authorized by this Act. Felony records sealed under subsection | ||||||
18 | (c) ,, or (e-5) of Section 5.2 or impounded under subparagraph | ||||||
19 | (B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2
| ||||||
20 | shall be used and
disseminated by the Department only as | ||||||
21 | otherwise specifically required or authorized by a federal or | ||||||
22 | State law, rule, or regulation that requires inquiry into and | ||||||
23 | release of criminal records, including, but not limited to, | ||||||
24 | subsection (A) of Section 3 of this Act. However, all requests | ||||||
25 | for records that have been expunged, sealed, and impounded and |
| |||||||
| |||||||
1 | the use of those records are subject to the provisions of | ||||||
2 | Section 2-103 of the Illinois Human Rights Act. Upon
conviction | ||||||
3 | for any offense, the Department of Corrections shall have
| ||||||
4 | access to all sealed records of the Department pertaining to | ||||||
5 | that
individual. | ||||||
6 | (b) Notwithstanding the foregoing, all sealed or impounded | ||||||
7 | records are subject to inspection and use by the court and | ||||||
8 | inspection and use by law enforcement agencies and State's | ||||||
9 | Attorneys or other prosecutors in carrying out the duties of | ||||||
10 | their offices.
| ||||||
11 | (c) The sealed or impounded records maintained under | ||||||
12 | subsection (a) are exempt from
disclosure under the Freedom of | ||||||
13 | Information Act. | ||||||
14 | (d) The Department of State Police shall commence the | ||||||
15 | sealing of records of felony arrests and felony convictions | ||||||
16 | pursuant to the provisions of subsection (c) of Section 5.2 of | ||||||
17 | this Act no later than one year from the date that funds have | ||||||
18 | been made available for purposes of establishing the | ||||||
19 | technologies necessary to implement the changes made by this | ||||||
20 | amendatory Act of the 93rd General Assembly.
| ||||||
21 | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||||||
22 | 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; revised 9-20-12.)
| ||||||
23 | Section 10. The Unified Code of Corrections is amended by | ||||||
24 | changing Section 3-3-2 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||||||
2 | Sec. 3-3-2. Powers and Duties.
| ||||||
3 | (a) The Parole and Pardon Board is abolished and the term | ||||||
4 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
5 | read "Prisoner Review
Board." After the effective date of this | ||||||
6 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
7 | by rule for the orderly transition of
all files, records, and | ||||||
8 | documents of the Parole and Pardon Board and for
such other | ||||||
9 | steps as may be necessary to effect an orderly transition and | ||||||
10 | shall:
| ||||||
11 | (1) hear by at least one member and through a panel of | ||||||
12 | at least 3 members
decide, cases of prisoners
who were | ||||||
13 | sentenced under the law in effect prior to the effective
| ||||||
14 | date of this amendatory Act of 1977, and who are eligible | ||||||
15 | for parole;
| ||||||
16 | (2) hear by at least one member and through a panel of | ||||||
17 | at least 3 members decide, the conditions of
parole and the | ||||||
18 | time of discharge from parole, impose sanctions for
| ||||||
19 | violations of parole, and revoke
parole for those sentenced | ||||||
20 | under the law in effect prior to this amendatory
Act of | ||||||
21 | 1977; provided that the decision to parole and the | ||||||
22 | conditions of
parole for all prisoners who were sentenced | ||||||
23 | for first degree murder or who
received a minimum sentence | ||||||
24 | of 20 years or more under the law in effect
prior to | ||||||
25 | February 1, 1978 shall be determined by a majority vote of | ||||||
26 | the
Prisoner Review Board. One representative supporting |
| |||||||
| |||||||
1 | parole and one representative opposing parole will be | ||||||
2 | allowed to speak. Their comments shall be limited to making | ||||||
3 | corrections and filling in omissions to the Board's | ||||||
4 | presentation and discussion;
| ||||||
5 | (3) hear by at least one member and through a panel of | ||||||
6 | at least 3 members decide, the conditions
of mandatory | ||||||
7 | supervised release and the time of discharge from mandatory
| ||||||
8 | supervised release, impose sanctions for violations of | ||||||
9 | mandatory
supervised release, and revoke mandatory | ||||||
10 | supervised release for those
sentenced under the law in | ||||||
11 | effect after the effective date of this
amendatory Act of | ||||||
12 | 1977;
| ||||||
13 | (3.5) hear by at least one member and through a panel | ||||||
14 | of at least 3 members decide, the conditions of mandatory | ||||||
15 | supervised release and the time of discharge from mandatory | ||||||
16 | supervised release, to impose sanctions for violations of | ||||||
17 | mandatory supervised release and revoke mandatory | ||||||
18 | supervised release for those serving extended supervised | ||||||
19 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
20 | of Section 5-8-1;
| ||||||
21 | (4) hear by at least 1 member and through a panel of at | ||||||
22 | least 3
members,
decide cases brought by the Department of | ||||||
23 | Corrections against a prisoner in
the custody of the | ||||||
24 | Department for alleged violation of Department rules
with | ||||||
25 | respect to sentence credits under Section 3-6-3 of this | ||||||
26 | Code
in which the Department seeks to revoke sentence |
| |||||||
| |||||||
1 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
2 | when, during any 12 month period, the
cumulative amount of | ||||||
3 | credit revoked exceeds 30 days except where the
infraction | ||||||
4 | is committed or discovered within 60 days of scheduled | ||||||
5 | release.
In such cases, the Department of Corrections may | ||||||
6 | revoke up to 30 days of
sentence credit. The Board may | ||||||
7 | subsequently approve the revocation of
additional sentence | ||||||
8 | credit, if the Department seeks to revoke sentence credit | ||||||
9 | in excess of thirty days. However, the Board shall not be
| ||||||
10 | empowered to review the Department's decision with respect | ||||||
11 | to the loss of
30 days of sentence credit for any prisoner | ||||||
12 | or to increase any penalty
beyond the length requested by | ||||||
13 | the Department;
| ||||||
14 | (5) hear by at least one member and through a panel of | ||||||
15 | at least 3
members decide, the
release dates for certain | ||||||
16 | prisoners sentenced under the law in existence
prior to the | ||||||
17 | effective date of this amendatory Act of 1977, in
| ||||||
18 | accordance with Section 3-3-2.1 of this Code;
| ||||||
19 | (6) hear by at least one member and through a panel of | ||||||
20 | at least 3 members
decide, all requests for pardon, | ||||||
21 | reprieve or commutation, and make confidential
| ||||||
22 | recommendations to the Governor;
| ||||||
23 | (7) comply with the requirements of the Open Parole | ||||||
24 | Hearings Act;
| ||||||
25 | (8) hear by at least one member and, through a panel of | ||||||
26 | at least 3
members, decide cases brought by the Department |
| |||||||
| |||||||
1 | of Corrections against a
prisoner in the custody of the | ||||||
2 | Department for court dismissal of a frivolous
lawsuit | ||||||
3 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
4 | Department seeks
to revoke up to 180 days of sentence | ||||||
5 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
6 | sentence credit at the time of the dismissal, then
all | ||||||
7 | sentence credit accumulated by the prisoner shall be | ||||||
8 | revoked;
| ||||||
9 | (9) hear by at least 3 members, and, through a panel of | ||||||
10 | at least 3
members, decide whether to grant certificates of | ||||||
11 | relief from
disabilities or certificates of good conduct as | ||||||
12 | provided in Article 5.5 of
Chapter V; and | ||||||
13 | (10) upon a petition by a person who has been convicted | ||||||
14 | of a Class 3 or Class 4 felony and who meets the | ||||||
15 | requirements of this paragraph, hear by at least 3 members | ||||||
16 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
17 | a certificate of eligibility for sealing recommending that | ||||||
18 | the court order the sealing of all official
records of the | ||||||
19 | arresting authority, the circuit court clerk, and the | ||||||
20 | Department of State Police concerning the arrest and | ||||||
21 | conviction for the Class 3 or 4 felony. A person may not | ||||||
22 | apply to the Board for a certificate of eligibility for | ||||||
23 | sealing: | ||||||
24 | (A) until 5 years have elapsed since the expiration | ||||||
25 | of his or her sentence; | ||||||
26 | (B) until 5 years have elapsed since any arrests or |
| |||||||
| |||||||
1 | detentions by a law enforcement officer for an alleged | ||||||
2 | violation of law, other than a petty offense, traffic | ||||||
3 | offense, conservation offense, or local ordinance | ||||||
4 | offense; | ||||||
5 | (C) if convicted of a violation of the Cannabis | ||||||
6 | Control Act, Illinois Controlled Substances Act, the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | the Methamphetamine Precursor Control Act, or the | ||||||
9 | Methamphetamine Precursor Tracking Act unless the | ||||||
10 | petitioner has completed a drug abuse program for the | ||||||
11 | offense on which sealing is sought and provides proof | ||||||
12 | that he or she has completed the program successfully; | ||||||
13 | (D) if convicted of: | ||||||
14 | (i) a sex offense described in Article 11 or | ||||||
15 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
16 | the Criminal Code of 1961; | ||||||
17 | (ii) aggravated assault; | ||||||
18 | (iii) aggravated battery; | ||||||
19 | (iv) domestic battery; | ||||||
20 | (v) aggravated domestic battery; | ||||||
21 | (vi) violation of an order of protection; | ||||||
22 | (vii) an offense under the Criminal Code of | ||||||
23 | 1961 involving a firearm; | ||||||
24 | (viii) driving while under the influence of | ||||||
25 | alcohol, other drug or drugs, intoxicating | ||||||
26 | compound or compounds or any combination thereof; |
| |||||||
| |||||||
1 | (ix) aggravated driving while under the | ||||||
2 | influence of alcohol, other drug or drugs, | ||||||
3 | intoxicating compound or compounds or any | ||||||
4 | combination thereof; or | ||||||
5 | (x) any crime defined as a crime of violence | ||||||
6 | under Section 2 of the Crime Victims Compensation | ||||||
7 | Act. | ||||||
8 | If a person has applied to the Board for a certificate of | ||||||
9 | eligibility for sealing and the Board denies the certificate, | ||||||
10 | the person must wait at least 4 years before filing again or | ||||||
11 | filing for pardon from the Governor unless the Chairman of the | ||||||
12 | Prisoner Review Board grants a waiver. | ||||||
13 | The decision to issue or refrain from issuing a certificate | ||||||
14 | of eligibility for sealing shall be at the Board's sole | ||||||
15 | discretion, and shall not give rise to any cause of action | ||||||
16 | against either the Board or its members. | ||||||
17 | The Board may only authorize the sealing of Class 3 and 4 | ||||||
18 | felony convictions of the petitioner from one information or | ||||||
19 | indictment under this paragraph (10). A petitioner may only | ||||||
20 | receive one certificate of eligibility for sealing under this | ||||||
21 | provision for life ; and .
| ||||||
22 | (11) upon a petition by a person who after having been | ||||||
23 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
24 | in the United States Armed Forces or National Guard of this | ||||||
25 | or any other state and had received an honorable discharge | ||||||
26 | from the United States Armed Forces or National Guard or |
| |||||||
| |||||||
1 | who at the time of filing the petition is enlisted in the | ||||||
2 | United States Armed Forces or National Guard of this or any | ||||||
3 | other state and served one tour of duty and who meets the | ||||||
4 | requirements of this paragraph, hear by at least 3 members | ||||||
5 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
6 | a certificate of eligibility for expungement recommending | ||||||
7 | that the court order the expungement of all official
| ||||||
8 | records of the arresting authority, the circuit court | ||||||
9 | clerk, and the Department of State Police concerning the | ||||||
10 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
11 | may not apply to the Board for a certificate of eligibility | ||||||
12 | for expungement: | ||||||
13 | (A) if convicted of: | ||||||
14 | (i) a sex offense described in Article 11 or | ||||||
15 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
16 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
17 | (ii) an offense under the Criminal Code of 1961 | ||||||
18 | or Criminal Code of 2012 involving a firearm; or | ||||||
19 | (iii) a crime of violence as defined in Section | ||||||
20 | 2 of the Crime Victims Compensation Act; or | ||||||
21 | (B) if the person has not served in the United | ||||||
22 | States Armed Forces or National Guard of this or any | ||||||
23 | other state or has not received an honorable discharge | ||||||
24 | from the United States Armed Forces or National Guard | ||||||
25 | of this or any other state or who at the time of the | ||||||
26 | filing of the petition is serving in the United States |
| |||||||
| |||||||
1 | Armed Forces or National Guard of this or any other | ||||||
2 | state and has not completed one tour of duty. | ||||||
3 | If a person has applied to the Board for a certificate | ||||||
4 | of eligibility for expungement and the Board denies the | ||||||
5 | certificate, the person must wait at least 4 years before | ||||||
6 | filing again or filing for a pardon with authorization for | ||||||
7 | expungement from the Governor unless the Governor or | ||||||
8 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
9 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
10 | and in
coordination with the Department of Corrections and the | ||||||
11 | Department of Central
Management Services, shall implement a | ||||||
12 | pilot project in 3 correctional
institutions providing for the | ||||||
13 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
14 | (a) of this Section through interactive video conferences.
The
| ||||||
15 | project shall be implemented within 6 months after the | ||||||
16 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
17 | after the implementation of the pilot
project, the Prisoner | ||||||
18 | Review Board, with the cooperation of and in coordination
with | ||||||
19 | the Department of Corrections and the Department of Central | ||||||
20 | Management
Services, shall report to the Governor and the | ||||||
21 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
22 | future viability of interactive video
conferences for Prisoner | ||||||
23 | Review Board hearings.
| ||||||
24 | (b) Upon recommendation of the Department the Board may | ||||||
25 | restore sentence credit previously revoked.
| ||||||
26 | (c) The Board shall cooperate with the Department in |
| |||||||
| |||||||
1 | promoting an
effective system of parole and mandatory | ||||||
2 | supervised release.
| ||||||
3 | (d) The Board shall promulgate rules for the conduct of its | ||||||
4 | work,
and the Chairman shall file a copy of such rules and any | ||||||
5 | amendments
thereto with the Director and with the Secretary of | ||||||
6 | State.
| ||||||
7 | (e) The Board shall keep records of all of its official | ||||||
8 | actions and
shall make them accessible in accordance with law | ||||||
9 | and the rules of the
Board.
| ||||||
10 | (f) The Board or one who has allegedly violated the | ||||||
11 | conditions of
his parole or mandatory supervised release may | ||||||
12 | require by subpoena the
attendance and testimony of witnesses | ||||||
13 | and the production of documentary
evidence relating to any | ||||||
14 | matter under investigation or hearing. The
Chairman of the | ||||||
15 | Board may sign subpoenas which shall be served by any
agent or | ||||||
16 | public official authorized by the Chairman of the Board, or by
| ||||||
17 | any person lawfully authorized to serve a subpoena under the | ||||||
18 | laws of the
State of Illinois. The attendance of witnesses, and | ||||||
19 | the production of
documentary evidence, may be required from | ||||||
20 | any place in the State to a
hearing location in the State | ||||||
21 | before the Chairman of the Board or his
designated agent or | ||||||
22 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
23 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
24 | mileage that are paid witnesses in the circuit courts of the
| ||||||
25 | State, and witnesses whose depositions are taken and the | ||||||
26 | persons taking
those depositions are each entitled to the same |
| |||||||
| |||||||
1 | fees as are paid for
like services in actions in the circuit | ||||||
2 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
3 | payment when the witness is discharged
from further attendance.
| ||||||
4 | In case of disobedience to a subpoena, the Board may | ||||||
5 | petition any
circuit court of the State for an order requiring | ||||||
6 | the attendance and
testimony of witnesses or the production of | ||||||
7 | documentary evidence or
both. A copy of such petition shall be | ||||||
8 | served by personal service or by
registered or certified mail | ||||||
9 | upon the person who has failed to obey the
subpoena, and such | ||||||
10 | person shall be advised in writing that a hearing
upon the | ||||||
11 | petition will be requested in a court room to be designated in
| ||||||
12 | such notice before the judge hearing motions or extraordinary | ||||||
13 | remedies
at a specified time, on a specified date, not less | ||||||
14 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
15 | the written notice and petition
in the U.S. mails addressed to | ||||||
16 | the person at his last known address or
after the personal | ||||||
17 | service of the copy of the notice and petition upon
such | ||||||
18 | person. The court upon the filing of such a petition, may order | ||||||
19 | the
person refusing to obey the subpoena to appear at an | ||||||
20 | investigation or
hearing, or to there produce documentary | ||||||
21 | evidence, if so ordered, or to
give evidence relative to the | ||||||
22 | subject matter of that investigation or
hearing. Any failure to | ||||||
23 | obey such order of the circuit court may be
punished by that | ||||||
24 | court as a contempt of court.
| ||||||
25 | Each member of the Board and any hearing officer designated | ||||||
26 | by the
Board shall have the power to administer oaths and to |
| |||||||
| |||||||
1 | take the testimony
of persons under oath.
| ||||||
2 | (g) Except under subsection (a) of this Section, a majority | ||||||
3 | of the
members then appointed to the Prisoner Review Board | ||||||
4 | shall constitute a
quorum for the transaction of all business | ||||||
5 | of the Board.
| ||||||
6 | (h) The Prisoner Review Board shall annually transmit to | ||||||
7 | the
Director a detailed report of its work for the preceding | ||||||
8 | calendar year.
The annual report shall also be transmitted to | ||||||
9 | the Governor for
submission to the Legislature.
| ||||||
10 | (Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12; | ||||||
11 | 97-1120, eff. 1-1-13; revised 9-20-12.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|