98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5815

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act concerning expungement and sealing of criminal records. Eliminates from the definition of "minor traffic offense", a Class C misdemeanor violation under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.


LRB098 18941 RLC 54088 b

 

 

A BILL FOR

 

HB5815LRB098 18941 RLC 54088 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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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        or , 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 or 5-6-3.4
21        of the Unified Code of Corrections, Section
22        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23        those provisions existed before their deletion by
24        Public Act 89-313), Section 10-102 of the Illinois
25        Alcoholism and Other Drug Dependency Act, Section
26        40-10 of the Alcoholism and Other Drug Abuse and

 

 

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1        Dependency Act, or Section 10 of the Steroid Control
2        Act. For the purpose of this Section, "successful
3        completion" of an order of qualified probation under
4        Section 10-102 of the Illinois Alcoholism and Other
5        Drug Dependency Act and Section 40-10 of the Alcoholism
6        and Other Drug Abuse and Dependency Act means that the
7        probation was terminated satisfactorily and the
8        judgment of 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), (b)(8), (e), (e-5), and (e-6)
8    of 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 the Criminal Code of 2012
9            or a similar provision of a local ordinance, except
10            Section 11-14 of the Criminal Code of 1961 or the
11            Criminal Code of 2012, or a similar provision of a
12            local ordinance;
13                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
14            26-5, or 48-1 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, or a similar provision of a
16            local ordinance;
17                (iii) offenses defined as "crimes of violence"
18            in Section 2 of the Crime Victims Compensation Act
19            or a similar provision of a local ordinance;
20                (iv) offenses which are Class A misdemeanors
21            under the Humane Care for Animals Act; or
22                (v) any offense or attempted offense that
23            would subject a person to registration under the
24            Sex Offender Registration Act.
25            (D) the sealing of the records of an arrest which
26        results in the petitioner being charged with a felony

 

 

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1        offense or records of a charge not initiated by arrest
2        for a felony offense unless:
3                (i) the charge is amended to a misdemeanor and
4            is otherwise eligible to be sealed pursuant to
5            subsection (c);
6                (ii) the charge is brought along with another
7            charge as a part of one case and the charge results
8            in acquittal, dismissal, or conviction when the
9            conviction was reversed or vacated, and another
10            charge brought in the same case results in a
11            disposition for a misdemeanor offense that is
12            eligible to be sealed pursuant to subsection (c) or
13            a disposition listed in paragraph (i), (iii), or
14            (iv) of this subsection;
15                (iii) the charge results in first offender
16            probation as set forth in subsection (c)(2)(E);
17                (iv) the charge is for a felony offense listed
18            in subsection (c)(2)(F) or the charge is amended to
19            a felony offense listed in subsection (c)(2)(F);
20                (v) the charge results in acquittal,
21            dismissal, or the petitioner's release without
22            conviction; or
23                (vi) the charge results in a conviction, but
24            the conviction was reversed or vacated.
25    (b) Expungement.
26        (1) A petitioner may petition the circuit court to

 

 

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1    expunge the records of his or her arrests and charges not
2    initiated by arrest when:
3            (A) He or she has never been convicted of a
4        criminal offense; and
5            (B) Each arrest or charge not initiated by arrest
6        sought to be expunged resulted in: (i) acquittal,
7        dismissal, or the petitioner's release without
8        charging, unless excluded by subsection (a)(3)(B);
9        (ii) a conviction which was vacated or reversed, unless
10        excluded by subsection (a)(3)(B); (iii) an order of
11        supervision and such supervision was successfully
12        completed by the petitioner, unless excluded by
13        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
14        qualified probation (as defined in subsection
15        (a)(1)(J)) and such probation was successfully
16        completed by the petitioner.
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
6        expungement until 5 years have passed following the
7        satisfactory termination of the probation.
8        (3) Those records maintained by the Department for
9    persons arrested prior to their 17th birthday shall be
10    expunged as provided in Section 5-915 of the Juvenile Court
11    Act of 1987.
12        (4) Whenever a person has been arrested for or
13    convicted of any offense, in the name of a person whose
14    identity he or she has stolen or otherwise come into
15    possession of, the aggrieved person from whom the identity
16    was stolen or otherwise obtained without authorization,
17    upon learning of the person having been arrested using his
18    or her identity, may, upon verified petition to the chief
19    judge of the circuit wherein the arrest was made, have a
20    court order entered nunc pro tunc by the Chief Judge to
21    correct the arrest record, conviction record, if any, and
22    all official records of the arresting authority, the
23    Department, other criminal justice agencies, the
24    prosecutor, and the trial court concerning such arrest, if
25    any, by removing his or her name from all such records in
26    connection with the arrest and conviction, if any, and by

 

 

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

 

 

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1    shall make the records of the circuit court clerk in
2    connection with the proceedings of the trial court
3    concerning the offense available for public inspection.
4        (6) If a conviction has been set aside on direct review
5    or on collateral attack and the court determines by clear
6    and convincing evidence that the petitioner was factually
7    innocent of the charge, the court that finds the petitioner
8    factually innocent of the charge shall enter an expungement
9    order for the conviction for which the petitioner has been
10    determined to be innocent as provided in subsection (b) of
11    Section 5-5-4 of the Unified Code of Corrections.
12        (7) Nothing in this Section shall prevent the
13    Department of State Police from maintaining all records of
14    any person who is admitted to probation upon terms and
15    conditions and who fulfills those terms and conditions
16    pursuant to Section 10 of the Cannabis Control Act, Section
17    410 of the Illinois Controlled Substances Act, Section 70
18    of the Methamphetamine Control and Community Protection
19    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
20    Corrections, Section 12-4.3 or subdivision (b)(1) of
21    Section 12-3.05 of the Criminal Code of 1961 or the
22    Criminal Code of 2012, Section 10-102 of the Illinois
23    Alcoholism and Other Drug Dependency Act, Section 40-10 of
24    the Alcoholism and Other Drug Abuse and Dependency Act, or
25    Section 10 of the Steroid Control Act.
26        (8) If the petitioner has been granted a certificate of

 

 

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1    innocence under Section 2-702 of the Code of Civil
2    Procedure, the court that grants the certificate of
3    innocence shall also enter an order expunging the
4    conviction for which the petitioner has been determined to
5    be innocent as provided in subsection (h) of Section 2-702
6    of the Code of Civil Procedure.
7    (c) Sealing.
8        (1) Applicability. Notwithstanding any other provision
9    of this Act to the contrary, and cumulative with any rights
10    to expungement of criminal records, this subsection
11    authorizes the sealing of criminal records of adults and of
12    minors prosecuted as adults.
13        (2) Eligible Records. The following records may be
14    sealed:
15            (A) All arrests resulting in release without
16        charging;
17            (B) Arrests or charges not initiated by arrest
18        resulting in acquittal, dismissal, or conviction when
19        the conviction was reversed or vacated, except as
20        excluded by subsection (a)(3)(B);
21            (C) Arrests or charges not initiated by arrest
22        resulting in orders of supervision successfully
23        completed by the petitioner, unless excluded by
24        subsection (a)(3);
25            (D) Arrests or charges not initiated by arrest
26        resulting in convictions unless excluded by subsection

 

 

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1        (a)(3);
2            (E) Arrests or charges not initiated by arrest
3        resulting in orders of first offender probation under
4        Section 10 of the Cannabis Control Act, Section 410 of
5        the Illinois Controlled Substances Act, Section 70 of
6        the Methamphetamine Control and Community Protection
7        Act, or Section 5-6-3.3 of the Unified Code of
8        Corrections; and
9            (F) Arrests or charges not initiated by arrest
10        resulting in felony convictions for the following
11        offenses:
12                (i) Class 4 felony convictions for:
13                    Prostitution under Section 11-14 of the
14                Criminal Code of 1961 or the Criminal Code of
15                2012.
16                    Possession of cannabis under Section 4 of
17                the Cannabis Control Act.
18                    Possession of a controlled substance under
19                Section 402 of the Illinois Controlled
20                Substances Act.
21                    Offenses under the Methamphetamine
22                Precursor Control Act.
23                    Offenses under the Steroid Control Act.
24                    Theft under Section 16-1 of the Criminal
25                Code of 1961 or the Criminal Code of 2012.
26                    Retail theft under Section 16A-3 or

 

 

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1                paragraph (a) of 16-25 of the Criminal Code of
2                1961 or the Criminal Code of 2012.
3                    Deceptive practices under Section 17-1 of
4                the Criminal Code of 1961 or the Criminal Code
5                of 2012.
6                    Forgery under Section 17-3 of the Criminal
7                Code of 1961 or the Criminal Code of 2012.
8                    Possession of burglary tools under Section
9                19-2 of the Criminal Code of 1961 or the
10                Criminal Code of 2012.
11            (ii) Class 3 felony convictions for:
12                    Theft under Section 16-1 of the Criminal
13                Code of 1961 or the Criminal Code of 2012.
14                    Retail theft under Section 16A-3 or
15                paragraph (a) of 16-25 of the Criminal Code of
16                1961 or the Criminal Code of 2012.
17                    Deceptive practices under Section 17-1 of
18                the Criminal Code of 1961 or the Criminal Code
19                of 2012.
20                    Forgery under Section 17-3 of the Criminal
21                Code of 1961 or the Criminal Code of 2012.
22                    Possession with intent to manufacture or
23                deliver a controlled substance under Section
24                401 of the Illinois Controlled Substances Act.
25        (3) When Records Are Eligible to Be Sealed. Records
26    identified as eligible under subsection (c)(2) may be

 

 

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1    sealed as follows:
2            (A) Records identified as eligible under
3        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
4        time.
5            (B) Records identified as eligible under
6        subsection (c)(2)(C) may be sealed (i) 3 years after
7        the termination of petitioner's last sentence (as
8        defined in subsection (a)(1)(F)) if the petitioner has
9        never been convicted of a criminal offense (as defined
10        in subsection (a)(1)(D)); or (ii) 4 years after the
11        termination of the petitioner's last sentence (as
12        defined in subsection (a)(1)(F)) if the petitioner has
13        ever been convicted of a criminal offense (as defined
14        in subsection (a)(1)(D)).
15            (C) Records identified as eligible under
16        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
17        sealed 4 years after the termination of the
18        petitioner's last sentence (as defined in subsection
19        (a)(1)(F)).
20            (D) Records identified in subsection
21        (a)(3)(A)(iii) may be sealed after the petitioner has
22        reached the age of 25 years.
23        (4) Subsequent felony convictions. A person may not
24    have subsequent felony conviction records sealed as
25    provided in this subsection (c) if he or she is convicted
26    of any felony offense after the date of the sealing of

 

 

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

 

 

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1    the arresting authority, and such other information as the
2    court may require. During the pendency of the proceeding,
3    the petitioner shall promptly notify the circuit court
4    clerk of any change of his or her address. If the
5    petitioner has received a certificate of eligibility for
6    sealing from the Prisoner Review Board under paragraph (10)
7    of subsection (a) of Section 3-3-2 of the Unified Code of
8    Corrections, the certificate shall be attached to the
9    petition.
10        (3) Drug test. The petitioner must attach to the
11    petition proof that the petitioner has passed a test taken
12    within 30 days before the filing of the petition showing
13    the absence within his or her body of all illegal
14    substances as defined by the Illinois Controlled
15    Substances Act, the Methamphetamine Control and Community
16    Protection Act, and the Cannabis Control Act if he or she
17    is petitioning to:
18            (A) seal felony records under clause (c)(2)(E);
19            (B) seal felony records for a violation of the
20        Illinois Controlled Substances Act, the
21        Methamphetamine Control and Community Protection Act,
22        or the Cannabis Control Act under clause (c)(2)(F);
23            (C) seal felony records under subsection (e-5); or
24            (D) expunge felony records of a qualified
25        probation under clause (b)(1)(B)(iv).
26        (4) Service of petition. The circuit court clerk shall

 

 

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1    promptly serve a copy of the petition and documentation to
2    support the petition under subsection (e), (e-5), or (e-6)
3    on the State's Attorney or prosecutor charged with the duty
4    of prosecuting the offense, the Department of State Police,
5    the arresting agency and the chief legal officer of the
6    unit of local government effecting the arrest.
7        (5) Objections.
8            (A) Any party entitled to notice of the petition
9        may file an objection to the petition. All objections
10        shall be in writing, shall be filed with the circuit
11        court clerk, and shall state with specificity the basis
12        of the objection.
13            (B) Objections to a petition to expunge or seal
14        must be filed within 60 days of the date of service of
15        the petition.
16        (6) Entry of order.
17            (A) The Chief Judge of the circuit wherein the
18        charge was brought, any judge of that circuit
19        designated by the Chief Judge, or in counties of less
20        than 3,000,000 inhabitants, the presiding trial judge
21        at the petitioner's trial, if any, shall rule on the
22        petition to expunge or seal as set forth in this
23        subsection (d)(6).
24            (B) Unless the State's Attorney or prosecutor, the
25        Department of State Police, the arresting agency, or
26        the chief legal officer files an objection to the

 

 

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1        petition to expunge or seal within 60 days from the
2        date of service of the petition, the court shall enter
3        an order granting or denying the petition.
4        (7) Hearings. If an objection is filed, the court shall
5    set a date for a hearing and notify the petitioner and all
6    parties entitled to notice of the petition of the hearing
7    date at least 30 days prior to the hearing. Prior to the
8    hearing, the State's Attorney shall consult with the
9    Department as to the appropriateness of the relief sought
10    in the petition to expunge or seal. At the hearing, the
11    court shall hear evidence on whether the petition should or
12    should not be granted, and shall grant or deny the petition
13    to expunge or seal the records based on the evidence
14    presented at the hearing. The court may consider the
15    following:
16            (A) the strength of the evidence supporting the
17        defendant's conviction;
18            (B) the reasons for retention of the conviction
19        records by the State;
20            (C) the petitioner's age, criminal record history,
21        and employment history;
22            (D) the period of time between the petitioner's
23        arrest on the charge resulting in the conviction and
24        the filing of the petition under this Section; and
25            (E) the specific adverse consequences the
26        petitioner may be subject to if the petition is denied.

 

 

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1        (8) Service of order. After entering an order to
2    expunge or seal records, the court must provide copies of
3    the order to the Department, in a form and manner
4    prescribed by the Department, to the petitioner, to the
5    State's Attorney or prosecutor charged with the duty of
6    prosecuting the offense, to the arresting agency, to the
7    chief legal officer of the unit of local government
8    effecting the arrest, and to such other criminal justice
9    agencies as may be ordered by the court.
10        (9) Implementation of order.
11            (A) Upon entry of an order to expunge records
12        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
13                (i) the records shall be expunged (as defined
14            in subsection (a)(1)(E)) by the arresting agency,
15            the Department, and any other agency as ordered by
16            the court, within 60 days of the date of service of
17            the order, unless a motion to vacate, modify, or
18            reconsider the order is filed pursuant to
19            paragraph (12) of subsection (d) of this Section;
20                (ii) the records of the circuit court clerk
21            shall be impounded until further order of the court
22            upon good cause shown and the name of the
23            petitioner obliterated on the official index
24            required to be kept by the circuit court clerk
25            under Section 16 of the Clerks of Courts Act, but
26            the order shall not affect any index issued by the

 

 

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1            circuit court clerk before the entry of the order;
2            and
3                (iii) in response to an inquiry for expunged
4            records, the court, the Department, or the agency
5            receiving such inquiry, shall reply as it does in
6            response to inquiries when no records ever
7            existed.
8            (B) Upon entry of an order to expunge records
9        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
10                (i) the records shall be expunged (as defined
11            in subsection (a)(1)(E)) by the arresting agency
12            and any other agency as ordered by the court,
13            within 60 days of the date of service of the order,
14            unless a motion to vacate, modify, or reconsider
15            the order is filed pursuant to paragraph (12) of
16            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                (iii) the records shall be impounded by the
26            Department within 60 days of the date of service of

 

 

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1            the order as ordered by the court, unless a motion
2            to vacate, modify, or reconsider the order is filed
3            pursuant to paragraph (12) of subsection (d) of
4            this Section;
5                (iv) records impounded by the Department may
6            be disseminated by the Department only as required
7            by law or to the arresting authority, the State's
8            Attorney, and the court upon a later arrest for the
9            same or a similar offense or for the purpose of
10            sentencing for any subsequent felony, and to the
11            Department of Corrections upon conviction for any
12            offense; and
13                (v) in response to an inquiry for such records
14            from anyone not authorized by law to access such
15            records, the court, the Department, or the agency
16            receiving such inquiry shall reply as it does in
17            response to inquiries when no records ever
18            existed.
19            (B-5) Upon entry of an order to expunge records
20        under subsection (e-6):
21                (i) the records shall be expunged (as defined
22            in subsection (a)(1)(E)) by the arresting agency
23            and any other agency as ordered by the court,
24            within 60 days of the date of service of the order,
25            unless a motion to vacate, modify, or reconsider
26            the order is filed under paragraph (12) of

 

 

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1            subsection (d) of this Section;
2                (ii) the records of the circuit court clerk
3            shall be impounded until further order of the court
4            upon good cause shown and the name of the
5            petitioner obliterated on the official index
6            required to be kept by the circuit court clerk
7            under Section 16 of the Clerks of Courts Act, but
8            the order shall not affect any index issued by the
9            circuit court clerk before the entry of the order;
10                (iii) the records shall be impounded by the
11            Department within 60 days of the date of service of
12            the order as ordered by the court, unless a motion
13            to vacate, modify, or reconsider the order is filed
14            under paragraph (12) of subsection (d) of this
15            Section;
16                (iv) records impounded by the Department may
17            be disseminated by the Department only as required
18            by law or to the arresting authority, the State's
19            Attorney, and the court upon a later arrest for the
20            same or a similar offense or for the purpose of
21            sentencing for any subsequent felony, and to the
22            Department of Corrections upon conviction for any
23            offense; and
24                (v) in response to an inquiry for these records
25            from anyone not authorized by law to access the
26            records, the court, the Department, or the agency

 

 

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1            receiving the inquiry shall reply as it does in
2            response to inquiries when no records ever
3            existed.
4            (C) Upon entry of an order to seal records under
5        subsection (c), the arresting agency, any other agency
6        as ordered by the court, the Department, and the court
7        shall seal the records (as defined in subsection
8        (a)(1)(K)). In response to an inquiry for such records
9        from anyone not authorized by law to access such
10        records, the court, the Department, or the agency
11        receiving such inquiry shall reply as it does in
12        response to inquiries when no records ever existed.
13            (D) The Department shall send written notice to the
14        petitioner of its compliance with each order to expunge
15        or seal records within 60 days of the date of service
16        of that order or, if a motion to vacate, modify, or
17        reconsider is filed, within 60 days of service of the
18        order resolving the motion, if that order requires the
19        Department to expunge or seal records. In the event of
20        an appeal from the circuit court order, the Department
21        shall send written notice to the petitioner of its
22        compliance with an Appellate Court or Supreme Court
23        judgment to expunge or seal records within 60 days of
24        the issuance of the court's mandate. The notice is not
25        required while any motion to vacate, modify, or
26        reconsider, or any appeal or petition for

 

 

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1        discretionary appellate review, is pending.
2        (10) Fees. The Department may charge the petitioner a
3    fee equivalent to the cost of processing any order to
4    expunge or seal records. Notwithstanding any provision of
5    the Clerks of Courts Act to the contrary, the circuit court
6    clerk may charge a fee equivalent to the cost associated
7    with the sealing or expungement of records by the circuit
8    court clerk. From the total filing fee collected for the
9    petition to seal or expunge, the circuit court clerk shall
10    deposit $10 into the Circuit Court Clerk Operation and
11    Administrative Fund, to be used to offset the costs
12    incurred by the circuit court clerk in performing the
13    additional duties required to serve the petition to seal or
14    expunge on all parties. The circuit court clerk shall
15    collect and forward the Department of State Police portion
16    of the fee to the Department and it shall be deposited in
17    the State Police Services Fund.
18        (11) Final Order. No court order issued under the
19    expungement or sealing provisions of this Section shall
20    become final for purposes of appeal until 30 days after
21    service of the order on the petitioner and all parties
22    entitled to notice of the petition.
23        (12) Motion to Vacate, Modify, or Reconsider. Under
24    Section 2-1203 of the Code of Civil Procedure, the
25    petitioner or any party entitled to notice may file a
26    motion to vacate, modify, or reconsider the order granting

 

 

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1    or denying the petition to expunge or seal within 60 days
2    of service of the order. If filed more than 60 days after
3    service of the order, a petition to vacate, modify, or
4    reconsider shall comply with subsection (c) of Section
5    2-1401 of the Code of Civil Procedure. Upon filing of a
6    motion to vacate, modify, or reconsider, notice of the
7    motion shall be served upon the petitioner and all parties
8    entitled to notice of the petition.
9        (13) Effect of Order. An order granting a petition
10    under the expungement or sealing provisions of this Section
11    shall not be considered void because it fails to comply
12    with the provisions of this Section or because of any error
13    asserted in a motion to vacate, modify, or reconsider. The
14    circuit court retains jurisdiction to determine whether
15    the order is voidable and to vacate, modify, or reconsider
16    its terms based on a motion filed under paragraph (12) of
17    this subsection (d).
18        (14) Compliance with Order Granting Petition to Seal
19    Records. Unless a court has entered a stay of an order
20    granting a petition to seal, all parties entitled to notice
21    of the petition must fully comply with the terms of the
22    order within 60 days of service of the order even if a
23    party is seeking relief from the order through a motion
24    filed under paragraph (12) of this subsection (d) or is
25    appealing the order.
26        (15) Compliance with Order Granting Petition to

 

 

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1    Expunge Records. While a party is seeking relief from the
2    order granting the petition to expunge through a motion
3    filed under paragraph (12) of this subsection (d) or is
4    appealing the order, and unless a court has entered a stay
5    of that order, the parties entitled to notice of the
6    petition must seal, but need not expunge, the records until
7    there is a final order on the motion for relief or, in the
8    case of an appeal, the issuance of that court's mandate.
9        (16) The changes to this subsection (d) made by Public
10    Act 98-163 this amendatory Act of the 98th General Assembly
11    apply to all petitions pending on August 5, 2013 (the
12    effective date of Public Act 98-163) this amendatory Act of
13    the 98th General Assembly and to all orders ruling on a
14    petition to expunge or seal on or after August 5, 2013 (the
15    effective date of Public Act 98-163) this amendatory Act of
16    the 98th General Assembly.
17    (e) Whenever a person who has been convicted of an offense
18is granted a pardon by the Governor which specifically
19authorizes expungement, he or she may, upon verified petition
20to the Chief Judge of the circuit where the person had been
21convicted, any judge of the circuit designated by the Chief
22Judge, or in counties of less than 3,000,000 inhabitants, the
23presiding trial judge at the defendant's trial, have a court
24order entered expunging the record of arrest from the official
25records of the arresting authority and order that the records
26of the circuit court clerk and the Department be sealed until

 

 

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

 

 

HB5815- 31 -LRB098 18941 RLC 54088 b

1of the arresting authority and order that the records of the
2circuit court clerk and the Department be sealed until further
3order of the court upon good cause shown or as otherwise
4provided herein, and the name of the petitioner obliterated
5from the official index requested to be kept by the circuit
6court clerk under Section 16 of the Clerks of Courts Act in
7connection with the arrest and conviction for the offense for
8which he or she had been granted the certificate but the order
9shall not affect any index issued by the circuit court clerk
10before the entry of the order. All records sealed by the
11Department may be disseminated by the Department only as
12required by this Act or to the arresting authority, a law
13enforcement agency, the State's Attorney, and the court upon a
14later arrest for the same or similar offense or for the purpose
15of sentencing for any subsequent felony. Upon conviction for
16any subsequent offense, the Department of Corrections shall
17have access to all sealed records of the Department pertaining
18to that individual. Upon entry of the order of sealing, the
19circuit court clerk shall promptly mail a copy of the order to
20the person who was granted the certificate of eligibility for
21sealing.
22    (e-6) Whenever a person who has been convicted of an
23offense is granted a certificate of eligibility for expungement
24by the Prisoner Review Board which specifically authorizes
25expungement, he or she may, upon verified petition to the Chief
26Judge of the circuit where the person had been convicted, any

 

 

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

 

 

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1of Corrections shall conduct a study of the impact of sealing,
2especially on employment and recidivism rates, utilizing a
3random sample of those who apply for the sealing of their
4criminal records under Public Act 93-211. At the request of the
5Illinois Department of Corrections, records of the Illinois
6Department of Employment Security shall be utilized as
7appropriate to assist in the study. The study shall not
8disclose any data in a manner that would allow the
9identification of any particular individual or employing unit.
10The study shall be made available to the General Assembly no
11later than September 1, 2010.
12(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
1397-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
141-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
15eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
16eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
179-4-13.)