Rep. Rita Mayfield
Filed: 4/12/2013
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1 | AMENDMENT TO HOUSE BILL 2378
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2 | AMENDMENT NO. ______. Amend House Bill 2378, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Criminal Identification Act is amended by | ||||||
6 | changing Section 5.2 as follows:
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7 | (20 ILCS 2630/5.2)
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8 | Sec. 5.2. Expungement and sealing. | ||||||
9 | (a) General Provisions. | ||||||
10 | (1) Definitions. In this Act, words and phrases have
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11 | the meanings set forth in this subsection, except when a
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12 | particular context clearly requires a different meaning. | ||||||
13 | (A) The following terms shall have the meanings | ||||||
14 | ascribed to them in the Unified Code of Corrections, | ||||||
15 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
16 | (i) Business Offense (730 ILCS 5/5-1-2), |
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1 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
2 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
3 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
4 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
5 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
6 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
7 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
8 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
9 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
10 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
11 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
12 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
13 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
14 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
15 | (B) As used in this Section, "charge not initiated | ||||||
16 | by arrest" means a charge (as defined by 730 ILCS | ||||||
17 | 5/5-1-3) brought against a defendant where the | ||||||
18 | defendant is not arrested prior to or as a direct | ||||||
19 | result of the charge. | ||||||
20 | (C) "Conviction" means a judgment of conviction or | ||||||
21 | sentence entered upon a plea of guilty or upon a | ||||||
22 | verdict or finding of guilty of an offense, rendered by | ||||||
23 | a legally constituted jury or by a court of competent | ||||||
24 | jurisdiction authorized to try the case without a jury. | ||||||
25 | An order of supervision successfully completed by the | ||||||
26 | petitioner is not a conviction. An order of qualified |
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1 | probation (as defined in subsection (a)(1)(J)) | ||||||
2 | successfully completed by the petitioner is not a | ||||||
3 | conviction. An order of supervision or an order of | ||||||
4 | qualified probation that is terminated | ||||||
5 | unsatisfactorily is a conviction, unless the | ||||||
6 | unsatisfactory termination is reversed, vacated, or | ||||||
7 | modified and the judgment of conviction, if any, is | ||||||
8 | reversed or vacated. | ||||||
9 | (D) "Criminal offense" means a petty offense, | ||||||
10 | business offense, misdemeanor, felony, or municipal | ||||||
11 | ordinance violation (as defined in subsection | ||||||
12 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
13 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
14 | be considered a criminal offense. | ||||||
15 | (E) "Expunge" means to physically destroy the | ||||||
16 | records or return them to the petitioner and to | ||||||
17 | obliterate the petitioner's name from any official | ||||||
18 | index or public record, or both. Nothing in this Act | ||||||
19 | shall require the physical destruction of the circuit | ||||||
20 | court file, but such records relating to arrests or | ||||||
21 | charges, or both, ordered expunged shall be impounded | ||||||
22 | as required by subsections (d)(9)(A)(ii) and | ||||||
23 | (d)(9)(B)(ii). | ||||||
24 | (F) As used in this Section, "last sentence" means | ||||||
25 | the sentence, order of supervision, or order of | ||||||
26 | qualified probation (as defined by subsection |
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1 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
2 | subsection (a)(1)(D)) that terminates last in time in | ||||||
3 | any jurisdiction, regardless of whether the petitioner | ||||||
4 | has included the criminal offense for which the | ||||||
5 | sentence or order of supervision or qualified | ||||||
6 | probation was imposed in his or her petition. If | ||||||
7 | multiple sentences, orders of supervision, or orders | ||||||
8 | of qualified probation terminate on the same day and | ||||||
9 | are last in time, they shall be collectively considered | ||||||
10 | the "last sentence" regardless of whether they were | ||||||
11 | ordered to run concurrently. | ||||||
12 | (G) "Minor traffic offense" means a petty offense, | ||||||
13 | business offense, or Class C misdemeanor under the | ||||||
14 | Illinois Vehicle Code or a similar provision of a | ||||||
15 | municipal or local ordinance. | ||||||
16 | (H) "Municipal ordinance violation" means an | ||||||
17 | offense defined by a municipal or local ordinance that | ||||||
18 | is criminal in nature and with which the petitioner was | ||||||
19 | charged or for which the petitioner was arrested and | ||||||
20 | released without charging. | ||||||
21 | (I) "Petitioner" means an adult or a minor | ||||||
22 | prosecuted as an
adult who has applied for relief under | ||||||
23 | this Section. | ||||||
24 | (J) "Qualified probation" means an order of | ||||||
25 | probation under Section 10 of the Cannabis Control Act, | ||||||
26 | Section 410 of the Illinois Controlled Substances Act, |
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1 | Section 70 of the Methamphetamine Control and | ||||||
2 | Community Protection Act, Section 5-6-3.3 of the | ||||||
3 | Unified Code of Corrections, Section 12-4.3(b)(1) and | ||||||
4 | (2) of the Criminal Code of 1961 (as those provisions | ||||||
5 | existed before their deletion by Public Act 89-313), | ||||||
6 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
7 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
8 | and Other Drug Abuse and Dependency Act, or Section 10 | ||||||
9 | of the Steroid Control Act. For the purpose of this | ||||||
10 | Section, "successful completion" of an order of | ||||||
11 | qualified probation under Section 10-102 of the | ||||||
12 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
13 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
14 | and Dependency Act means that the probation was | ||||||
15 | terminated satisfactorily and the judgment of | ||||||
16 | conviction was vacated. | ||||||
17 | (K) "Seal" means to physically and electronically | ||||||
18 | maintain the records, unless the records would | ||||||
19 | otherwise be destroyed due to age, but to make the | ||||||
20 | records unavailable without a court order, subject to | ||||||
21 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
22 | petitioner's name shall also be obliterated from the | ||||||
23 | official index required to be kept by the circuit court | ||||||
24 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
25 | any index issued by the circuit court clerk before the | ||||||
26 | entry of the order to seal shall not be affected. |
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1 | (L) "Sexual offense committed against a minor" | ||||||
2 | includes but is
not limited to the offenses of indecent | ||||||
3 | solicitation of a child
or criminal sexual abuse when | ||||||
4 | the victim of such offense is
under 18 years of age. | ||||||
5 | (M) "Terminate" as it relates to a sentence or | ||||||
6 | order of supervision or qualified probation includes | ||||||
7 | either satisfactory or unsatisfactory termination of | ||||||
8 | the sentence, unless otherwise specified in this | ||||||
9 | Section. | ||||||
10 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
11 | convictions for minor traffic offenses shall not affect a | ||||||
12 | petitioner's eligibility to expunge or seal records | ||||||
13 | pursuant to this Section. | ||||||
14 | (3) Exclusions. Except as otherwise provided in | ||||||
15 | subsections (b)(5), (b)(6), (e), and (e-5) of this Section, | ||||||
16 | the court shall not order: | ||||||
17 | (A) the sealing or expungement of the records of | ||||||
18 | arrests or charges not initiated by arrest that result | ||||||
19 | in an order of supervision for or conviction of:
(i) | ||||||
20 | any sexual offense committed against a
minor; (ii) | ||||||
21 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
22 | similar provision of a local ordinance; or (iii) | ||||||
23 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
24 | similar provision of a local ordinance, unless the | ||||||
25 | arrest or charge is for a misdemeanor violation of | ||||||
26 | subsection (a) of Section 11-503 or a similar provision |
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1 | of a local ordinance, that occurred prior to the | ||||||
2 | offender reaching the age of 25 years and the offender | ||||||
3 | has no other conviction for violating Section 11-501 or | ||||||
4 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
5 | provision of a local ordinance. | ||||||
6 | (B) the sealing or expungement of records of minor | ||||||
7 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
8 | unless the petitioner was arrested and released | ||||||
9 | without charging. | ||||||
10 | (C) the sealing of the records of arrests or | ||||||
11 | charges not initiated by arrest which result in an | ||||||
12 | order of supervision, an order of qualified probation | ||||||
13 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
14 | for the following offenses: | ||||||
15 | (i) offenses included in Article 11 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
17 | or a similar provision of a local ordinance, except | ||||||
18 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, or a similar provision of a | ||||||
20 | local ordinance; | ||||||
21 | (ii) Section 11-1.50, 12-3.2, 12-3.4, 12-15, | ||||||
22 | 12-30, 26-5, or 48-1 of the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012, or a similar | ||||||
24 | provision of a local ordinance; | ||||||
25 | (iii) (blank); offenses defined as "crimes of | ||||||
26 | violence" in Section 2 of the Crime Victims |
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1 | Compensation Act or a similar provision of a local | ||||||
2 | ordinance; | ||||||
3 | (iv) offenses which are Class A misdemeanors | ||||||
4 | under the Humane Care for Animals Act; or | ||||||
5 | (v) any offense or attempted offense that | ||||||
6 | would subject a person to registration under the | ||||||
7 | Sex Offender Registration Act. | ||||||
8 | (D) the sealing of the records of an arrest which | ||||||
9 | results in
the petitioner being charged with a felony | ||||||
10 | offense or records of a charge not initiated by arrest | ||||||
11 | for a felony offense unless: | ||||||
12 | (i) the charge is amended to a misdemeanor and | ||||||
13 | is otherwise
eligible to be sealed pursuant to | ||||||
14 | subsection (c); | ||||||
15 | (ii) the charge is brought along with another | ||||||
16 | charge as a part of one case and the charge results | ||||||
17 | in acquittal, dismissal, or conviction when the | ||||||
18 | conviction was reversed or vacated, and another | ||||||
19 | charge brought in the same case results in a | ||||||
20 | disposition for a misdemeanor offense that is | ||||||
21 | eligible to be sealed pursuant to subsection (c) or | ||||||
22 | a disposition listed in paragraph (i), (iii), or | ||||||
23 | (iv) of this subsection; | ||||||
24 | (iii) the charge results in first offender | ||||||
25 | probation as set forth in subsection (c)(2)(E); | ||||||
26 | (iv) the charge is for a Class 4 felony offense |
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1 | listed in subsection (c)(2)(F) or the charge is | ||||||
2 | amended to a Class 4 felony offense listed in | ||||||
3 | subsection (c)(2)(F). Records of arrests which | ||||||
4 | result in the petitioner being charged with a Class | ||||||
5 | 4 felony offense listed in subsection (c)(2)(F), | ||||||
6 | records of charges not initiated by arrest for | ||||||
7 | Class 4 felony offenses listed in subsection | ||||||
8 | (c)(2)(F), and records of charges amended to a | ||||||
9 | Class 4 felony offense listed in (c)(2)(F) may be | ||||||
10 | sealed, regardless of the disposition, subject to | ||||||
11 | any waiting periods set forth in subsection | ||||||
12 | (c)(3); | ||||||
13 | (v) the charge results in acquittal, | ||||||
14 | dismissal, or the petitioner's release without | ||||||
15 | conviction; or | ||||||
16 | (vi) the charge results in a conviction, but | ||||||
17 | the conviction was reversed or vacated. | ||||||
18 | (b) Expungement. | ||||||
19 | (1) A petitioner may petition the circuit court to | ||||||
20 | expunge the
records of his or her arrests and charges not | ||||||
21 | initiated by arrest when: | ||||||
22 | (A) He or she has never been convicted of a | ||||||
23 | criminal offense; and | ||||||
24 | (B) Each arrest or charge not initiated by arrest
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25 | sought to be expunged resulted in:
(i) acquittal, | ||||||
26 | dismissal, or the petitioner's release without |
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1 | charging, unless excluded by subsection (a)(3)(B);
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2 | (ii) a conviction which was vacated or reversed, unless | ||||||
3 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
4 | supervision and such supervision was successfully | ||||||
5 | completed by the petitioner, unless excluded by | ||||||
6 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
7 | qualified probation (as defined in subsection | ||||||
8 | (a)(1)(J)) and such probation was successfully | ||||||
9 | completed by the petitioner. | ||||||
10 | (1.5) A petitioner may petition the circuit court to
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11 | expunge the records of his or her arrests and charges not | ||||||
12 | initiated by arrest when he or she has been convicted of a | ||||||
13 | criminal offense for anything other than: | ||||||
14 | (A) a felony; or | ||||||
15 | (B) offenses otherwise excluded by subsections | ||||||
16 | (a)(3)(A) or (a)(3)(C). | ||||||
17 | (2) Time frame for filing a petition to expunge. | ||||||
18 | (A) When the arrest or charge not initiated by | ||||||
19 | arrest sought to be expunged resulted in an acquittal, | ||||||
20 | dismissal, the petitioner's release without charging, | ||||||
21 | or the reversal or vacation of a conviction, there is | ||||||
22 | no waiting period to petition for the expungement of | ||||||
23 | such records. | ||||||
24 | (B) When the arrest or charge not initiated by | ||||||
25 | arrest
sought to be expunged resulted in an order of | ||||||
26 | supervision, successfully
completed by the petitioner, |
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1 | the following time frames will apply: | ||||||
2 | (i) Those arrests or charges that resulted in | ||||||
3 | orders of
supervision under Section 3-707, 3-708, | ||||||
4 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
5 | similar provision of a local ordinance, or under | ||||||
6 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
8 | similar provision of a local ordinance, shall not | ||||||
9 | be eligible for expungement until 5 years have | ||||||
10 | passed following the satisfactory termination of | ||||||
11 | the supervision. | ||||||
12 | (i-5) Those arrests or charges that resulted | ||||||
13 | in orders of supervision for a misdemeanor | ||||||
14 | violation of subsection (a) of Section 11-503 of | ||||||
15 | the Illinois Vehicle Code or a similar provision of | ||||||
16 | a local ordinance, that occurred prior to the | ||||||
17 | offender reaching the age of 25 years and the | ||||||
18 | offender has no other conviction for violating | ||||||
19 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
20 | Code or a similar provision of a local ordinance | ||||||
21 | shall not be eligible for expungement until the | ||||||
22 | petitioner has reached the age of 25 years. | ||||||
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 |
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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
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6 | expungement until 5 years have passed following the | ||||||
7 | satisfactory
termination of the probation. | ||||||
8 | (D) When the arrest or charge not initiated by | ||||||
9 | arrest sought to be expunged resulted in a conviction | ||||||
10 | is eligible under subsection (b)(1.5), the records are | ||||||
11 | not eligible for expungement until 7 years after the | ||||||
12 | termination of the petitioner's last sentence as | ||||||
13 | defined in subsection (a)(1)(F). | ||||||
14 | (3) Those records maintained by the Department for
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15 | persons arrested prior to their 17th birthday shall be
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16 | expunged as provided in Section 5-915 of the Juvenile Court
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17 | Act of 1987. | ||||||
18 | (4) Whenever a person has been arrested for or | ||||||
19 | convicted of any
offense, in the name of a person whose | ||||||
20 | identity he or she has stolen or otherwise
come into | ||||||
21 | possession of, the aggrieved person from whom the identity
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22 | was stolen or otherwise obtained without authorization,
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23 | upon learning of the person having been arrested using his
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24 | or her identity, may, upon verified petition to the chief | ||||||
25 | judge of
the circuit wherein the arrest was made, have a | ||||||
26 | court order
entered nunc pro tunc by the Chief Judge to |
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1 | correct the
arrest record, conviction record, if any, and | ||||||
2 | all official
records of the arresting authority, the | ||||||
3 | Department, other
criminal justice agencies, the | ||||||
4 | prosecutor, and the trial
court concerning such arrest, if | ||||||
5 | any, by removing his or her name
from all such records in | ||||||
6 | connection with the arrest and
conviction, if any, and by | ||||||
7 | inserting in the records the
name of the offender, if known | ||||||
8 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
9 | records of the circuit court clerk shall be sealed until | ||||||
10 | further order of
the court upon good cause shown and the | ||||||
11 | name of the
aggrieved person obliterated on the official | ||||||
12 | index
required to be kept by the circuit court clerk under
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13 | Section 16 of the Clerks of Courts Act, but the order shall
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14 | not affect any index issued by the circuit court clerk
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15 | before the entry of the order. Nothing in this Section
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16 | shall limit the Department of State Police or other
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17 | criminal justice agencies or prosecutors from listing
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18 | under an offender's name the false names he or she has
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19 | used. | ||||||
20 | (5) Whenever a person has been convicted of criminal
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21 | sexual assault, aggravated criminal sexual assault,
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22 | predatory criminal sexual assault of a child, criminal
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23 | sexual abuse, or aggravated criminal sexual abuse, the
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24 | victim of that offense may request that the State's
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25 | Attorney of the county in which the conviction occurred
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26 | file a verified petition with the presiding trial judge at
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1 | the petitioner's trial to have a court order entered to | ||||||
2 | seal
the records of the circuit court clerk in connection
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3 | with the proceedings of the trial court concerning that
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4 | offense. However, the records of the arresting authority
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5 | and the Department of State Police concerning the offense
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6 | shall not be sealed. The court, upon good cause shown,
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7 | shall make the records of the circuit court clerk in
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8 | connection with the proceedings of the trial court
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9 | concerning the offense available for public inspection. | ||||||
10 | (6) If a conviction has been set aside on direct review
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11 | or on collateral attack and the court determines by clear
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12 | and convincing evidence that the petitioner was factually
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13 | innocent of the charge, the court shall enter an
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14 | expungement order as provided in subsection (b) of Section
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15 | 5-5-4 of the Unified Code of Corrections. | ||||||
16 | (7) Nothing in this Section shall prevent the | ||||||
17 | Department of
State Police from maintaining all records of | ||||||
18 | any person who
is admitted to probation upon terms and | ||||||
19 | conditions and who
fulfills those terms and conditions | ||||||
20 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
21 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
22 | of the
Methamphetamine Control and Community Protection | ||||||
23 | Act,
Section 5-6-3.3 of the Unified Code of Corrections, | ||||||
24 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
26 | Section 10-102
of the Illinois Alcoholism and Other Drug |
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1 | Dependency Act,
Section 40-10 of the Alcoholism and Other | ||||||
2 | Drug Abuse and
Dependency Act, or Section 10 of the Steroid | ||||||
3 | 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 | or the Criminal Code of 2012; | ||||||
11 | (ii) Section 4 of the Cannabis Control Act; | ||||||
12 | (iii) Section 402 of the Illinois Controlled | ||||||
13 | Substances Act; | ||||||
14 | (iv) the Methamphetamine Precursor Control | ||||||
15 | Act; and | ||||||
16 | (v) the Steroid Control Act. | ||||||
17 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
18 | identified as eligible under subsection (c)(2) may be | ||||||
19 | sealed as follows: | ||||||
20 | (A) Records identified as eligible under | ||||||
21 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
22 | time. | ||||||
23 | (B) Records identified as eligible under | ||||||
24 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
25 | the termination of petitioner's last sentence (as | ||||||
26 | defined in subsection (a)(1)(F)) if the petitioner has |
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1 | never been convicted of a criminal offense (as defined | ||||||
2 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
3 | termination of the petitioner's last sentence (as | ||||||
4 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
5 | ever been convicted of a criminal offense (as defined | ||||||
6 | in subsection (a)(1)(D)). | ||||||
7 | (C) Records identified as eligible under | ||||||
8 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
9 | sealed 4 years after the termination of the | ||||||
10 | petitioner's last sentence (as defined in subsection | ||||||
11 | (a)(1)(F)). | ||||||
12 | (D) Records identified in subsection | ||||||
13 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
14 | reached the age of 25 years. | ||||||
15 | (4) Subsequent felony convictions. A person may not | ||||||
16 | have
subsequent felony conviction records sealed as | ||||||
17 | provided in this subsection
(c) if he or she is convicted | ||||||
18 | of any felony offense after the date of the
sealing of | ||||||
19 | prior felony convictions as provided in this subsection | ||||||
20 | (c). The court may, upon conviction for a subsequent felony | ||||||
21 | offense, order the unsealing of prior felony conviction | ||||||
22 | records previously ordered sealed by the court. | ||||||
23 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
24 | disposition for an eligible record under this subsection | ||||||
25 | (c), the petitioner shall be informed by the court of the | ||||||
26 | right to have the records sealed and the procedures for the |
| |||||||
| |||||||
1 | sealing of the records. | ||||||
2 | (d) Procedure. The following procedures apply to | ||||||
3 | expungement under subsections (b) and (e), and sealing under | ||||||
4 | subsections (c) and (e-5): | ||||||
5 | (1) Filing the petition. Upon becoming eligible to | ||||||
6 | petition for
the expungement or sealing of records under | ||||||
7 | this Section, the petitioner shall file a petition | ||||||
8 | requesting the expungement
or sealing of records with the | ||||||
9 | clerk of the court where the arrests occurred or the | ||||||
10 | charges were brought, or both. If arrests occurred or | ||||||
11 | charges were brought in multiple jurisdictions, a petition | ||||||
12 | must be filed in each such jurisdiction. The petitioner | ||||||
13 | shall pay the applicable fee, if not waived. | ||||||
14 | (2) Contents of petition. The petition shall be
| ||||||
15 | verified and shall contain the petitioner's name, date of
| ||||||
16 | birth, current address and, for each arrest or charge not | ||||||
17 | initiated by
arrest sought to be sealed or expunged, the | ||||||
18 | case number, the date of
arrest (if any), the identity of | ||||||
19 | the arresting authority, and such
other information as the | ||||||
20 | court may require. During the pendency
of the proceeding, | ||||||
21 | the petitioner shall promptly notify the
circuit court | ||||||
22 | clerk of any change of his or her address. If the | ||||||
23 | petitioner has received a certificate of eligibility for | ||||||
24 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
25 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
26 | Corrections, the certificate shall be attached to the |
| |||||||
| |||||||
1 | petition. | ||||||
2 | (3) Drug test. The petitioner must attach to the | ||||||
3 | petition proof that the petitioner has passed a test taken | ||||||
4 | within 30 days before the filing of the petition showing | ||||||
5 | the absence within his or her body of all illegal | ||||||
6 | substances as defined by the Illinois Controlled | ||||||
7 | Substances Act, the Methamphetamine Control and Community | ||||||
8 | Protection Act, and the Cannabis Control Act if he or she | ||||||
9 | is petitioning to seal felony records pursuant to clause | ||||||
10 | (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is | ||||||
11 | petitioning to expunge felony records of a qualified | ||||||
12 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
13 | (4) Service of petition. The circuit court clerk shall | ||||||
14 | promptly
serve a copy of the petition on the State's | ||||||
15 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
16 | the
offense, the Department of State Police, the arresting
| ||||||
17 | agency and the chief legal officer of the unit of local
| ||||||
18 | 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. The court may consider the following: | ||||||
24 | (A) the strength of the State's case against the | ||||||
25 | petitioner; | ||||||
26 | (B) the State's reasons for wishing to retain the |
| |||||||
| |||||||
1 | records; | ||||||
2 | (C) the petitioner's age, criminal record, and | ||||||
3 | employment history; | ||||||
4 | (D) the length of time that has lapsed between the | ||||||
5 | petitioner's arrest on the charge resulting in the | ||||||
6 | conviction and the filing of the petition under this | ||||||
7 | Section; and | ||||||
8 | (E) the specific adverse consequences the | ||||||
9 | petitioner may be subject to if the petition is denied. | ||||||
10 | (8) Service of order. After entering an order to | ||||||
11 | expunge or
seal records, the court must provide copies of | ||||||
12 | the order to the
Department, in a form and manner | ||||||
13 | prescribed by the Department,
to the petitioner, to the | ||||||
14 | State's Attorney or prosecutor
charged with the duty of | ||||||
15 | prosecuting the offense, to the
arresting agency, to the | ||||||
16 | chief legal officer of the unit of
local government | ||||||
17 | effecting the arrest, and to such other
criminal justice | ||||||
18 | agencies as may be ordered by the court. | ||||||
19 | (9) Effect of order. | ||||||
20 | (A) Upon entry of an order to expunge records | ||||||
21 | pursuant to (b)(2)(A) , or (b)(2)(B)(ii), or (b)(2)(D) | ||||||
22 | both : | ||||||
23 | (i) the records shall be expunged (as defined | ||||||
24 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
25 | the Department, and any other agency as ordered by | ||||||
26 | the court, within 60 days of the date of service of |
| |||||||
| |||||||
1 | the order, unless a motion to vacate, modify, or | ||||||
2 | reconsider the order is filed pursuant to | ||||||
3 | paragraph (12) of subsection (d) of this Section; | ||||||
4 | (ii) the records of the circuit court clerk | ||||||
5 | shall be impounded until further order of the court | ||||||
6 | upon good cause shown and the name of the | ||||||
7 | petitioner obliterated on the official index | ||||||
8 | required to be kept by the circuit court clerk | ||||||
9 | under Section 16 of the Clerks of Courts Act, but | ||||||
10 | the order shall not affect any index issued by the | ||||||
11 | circuit court clerk before the entry of the order; | ||||||
12 | and | ||||||
13 | (iii) in response to an inquiry for expunged | ||||||
14 | records, the court, the Department, or the agency | ||||||
15 | receiving such inquiry, shall reply as it does in | ||||||
16 | response to inquiries when no records ever | ||||||
17 | existed. | ||||||
18 | (B) Upon entry of an order to expunge records | ||||||
19 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
20 | (i) the records shall be expunged (as defined | ||||||
21 | in subsection (a)(1)(E)) by the arresting agency | ||||||
22 | and any other agency as ordered by the court, | ||||||
23 | within 60 days of the date of service of the order, | ||||||
24 | unless a motion to vacate, modify, or reconsider | ||||||
25 | the order is filed pursuant to paragraph (12) of | ||||||
26 | subsection (d) of this Section; |
| |||||||
| |||||||
1 | (ii) the records of the circuit court clerk | ||||||
2 | shall be impounded until further order of the court | ||||||
3 | upon good cause shown and the name of the | ||||||
4 | petitioner obliterated on the official index | ||||||
5 | required to be kept by the circuit court clerk | ||||||
6 | under Section 16 of the Clerks of Courts Act, but | ||||||
7 | the order shall not affect any index issued by the | ||||||
8 | circuit court clerk before the entry of the order; | ||||||
9 | (iii) the records shall be impounded by the
| ||||||
10 | Department within 60 days of the date of service of | ||||||
11 | the order as ordered by the court, unless a motion | ||||||
12 | to vacate, modify, or reconsider the order is filed | ||||||
13 | pursuant to paragraph (12) of subsection (d) of | ||||||
14 | this Section; | ||||||
15 | (iv) records impounded by the Department may | ||||||
16 | be disseminated by the Department only as required | ||||||
17 | by law or to the arresting authority, the State's | ||||||
18 | Attorney, and the court upon a later arrest for the | ||||||
19 | same or a similar offense or for the purpose of | ||||||
20 | sentencing for any subsequent felony, and to the | ||||||
21 | Department of Corrections upon conviction for any | ||||||
22 | offense; and | ||||||
23 | (v) in response to an inquiry for such records | ||||||
24 | from anyone not authorized by law to access such | ||||||
25 | records the court, the Department, or the agency | ||||||
26 | receiving such inquiry shall reply as it does in |
| |||||||
| |||||||
1 | response to inquiries when no records ever | ||||||
2 | existed. | ||||||
3 | (C) Upon entry of an order to seal records under | ||||||
4 | subsection
(c), the arresting agency, any other agency | ||||||
5 | as ordered by the court, the Department, and the court | ||||||
6 | shall seal the records (as defined in subsection | ||||||
7 | (a)(1)(K)). In response to an inquiry for such records | ||||||
8 | from anyone not authorized by law to access such | ||||||
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 existed. | ||||||
12 | (10) Fees. The Department may charge the petitioner a | ||||||
13 | fee equivalent to the cost of processing any order to | ||||||
14 | expunge or seal records. Notwithstanding any provision of | ||||||
15 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
16 | clerk may charge a fee equivalent to the cost associated | ||||||
17 | with the sealing or expungement of records by the circuit | ||||||
18 | court clerk. | ||||||
19 | From the total filing fee collected for the petition to | ||||||
20 | seal or expunge, the circuit court clerk shall deposit $10 | ||||||
21 | into the Circuit Court Clerk Operation and Administrative | ||||||
22 | Fund, to be used to offset the costs incurred by the | ||||||
23 | circuit court clerk in performing the additional duties | ||||||
24 | required to serve the petition to seal or expunge on all | ||||||
25 | parties. The circuit court clerk shall collect and forward | ||||||
26 | the Department of State Police portion of the fee to the |
| |||||||
| |||||||
1 | Department and it shall be deposited in the State Police | ||||||
2 | Services Fund. | ||||||
3 | (11) Final Order. No court order issued under the | ||||||
4 | expungement or sealing provisions of this Section shall | ||||||
5 | become final for purposes of appeal until 30 days after | ||||||
6 | service of the order on the petitioner and all parties | ||||||
7 | entitled to notice of the petition. | ||||||
8 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
9 | petitioner or any party entitled to notice may file a | ||||||
10 | motion to vacate, modify, or reconsider the order granting | ||||||
11 | or denying the petition to expunge or seal within 60 days | ||||||
12 | of service of the order. | ||||||
13 | (e) Whenever a person who has been convicted of an offense | ||||||
14 | is granted
a pardon by the Governor which specifically | ||||||
15 | authorizes expungement, he or she may,
upon verified petition | ||||||
16 | to the Chief Judge of the circuit where the person had
been | ||||||
17 | convicted, any judge of the circuit designated by the Chief | ||||||
18 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
19 | presiding trial judge at the
defendant's trial, have a court | ||||||
20 | order entered expunging the record of
arrest from the official | ||||||
21 | records of the arresting authority and order that the
records | ||||||
22 | of the circuit court clerk and the Department be sealed until
| ||||||
23 | further order of the court upon good cause shown or as | ||||||
24 | otherwise provided
herein, and the name of the defendant | ||||||
25 | obliterated from the official index
requested to be kept by the | ||||||
26 | circuit court clerk under Section 16 of the Clerks
of Courts |
| |||||||
| |||||||
1 | Act in connection with the arrest and conviction for the | ||||||
2 | offense for
which he or she had been pardoned but the order | ||||||
3 | shall not affect any index issued by
the circuit court clerk | ||||||
4 | before the entry of the order. All records sealed by
the | ||||||
5 | Department may be disseminated by the Department only to the | ||||||
6 | arresting authority, 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 expungement, the
| ||||||
12 | circuit court clerk shall promptly mail a copy of the order to | ||||||
13 | the
person who was pardoned. | ||||||
14 | (e-5) Whenever a person who has been convicted of an | ||||||
15 | offense is granted a certificate of eligibility for sealing by | ||||||
16 | the Prisoner Review Board which specifically authorizes | ||||||
17 | sealing, he or she may, upon verified petition to the Chief | ||||||
18 | Judge of the circuit where the person had been convicted, any | ||||||
19 | judge of the circuit designated by the Chief Judge, or in | ||||||
20 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
21 | trial judge at the petitioner's trial, have a court order | ||||||
22 | entered sealing the record of arrest from the official records | ||||||
23 | of the arresting authority and order that the records of the | ||||||
24 | circuit court clerk and the Department be sealed until further | ||||||
25 | order of the court upon good cause shown or as otherwise | ||||||
26 | provided herein, and the name of the petitioner obliterated |
| |||||||
| |||||||
1 | from the official index requested to be kept by the circuit | ||||||
2 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
3 | connection with the arrest and conviction for the offense for | ||||||
4 | which he or she had been granted the certificate but the order | ||||||
5 | shall not affect any index issued by the circuit court clerk | ||||||
6 | before the entry of the order. All records sealed by the | ||||||
7 | Department may be disseminated by the Department only as | ||||||
8 | required by this Act or to the arresting authority, a law | ||||||
9 | enforcement agency, the State's Attorney, and the court upon a | ||||||
10 | later arrest for the same or similar offense or for the purpose | ||||||
11 | of sentencing for any subsequent felony. Upon conviction for | ||||||
12 | any subsequent offense, the Department of Corrections shall | ||||||
13 | have access to all sealed records of the Department pertaining | ||||||
14 | to that individual. Upon entry of the order of sealing, the | ||||||
15 | circuit court clerk shall promptly mail a copy of the order to | ||||||
16 | the person who was granted the certificate of eligibility for | ||||||
17 | sealing. | ||||||
18 | (f) Subject to available funding, the Illinois Department
| ||||||
19 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
20 | especially on employment and recidivism rates, utilizing a
| ||||||
21 | random sample of those who apply for the sealing of their
| ||||||
22 | criminal records under Public Act 93-211. At the request of the
| ||||||
23 | Illinois Department of Corrections, records of the Illinois
| ||||||
24 | Department of Employment Security shall be utilized as
| ||||||
25 | appropriate to assist in the study. The study shall not
| ||||||
26 | disclose any data in a manner that would allow the
|
| |||||||
| |||||||
1 | identification of any particular individual or employing unit.
| ||||||
2 | The study shall be made available to the General Assembly no
| ||||||
3 | later than September 1, 2010.
| ||||||
4 | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||||||
5 | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | ||||||
6 | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | ||||||
7 | eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13; | ||||||
8 | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff. | ||||||
9 | 1-1-13; 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.)".
|