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Synopsis As Introduced Amends the Criminal Identification Act concerning the expungement and sealing of criminal records. Provides that the petitioner, State's Attorney or prosecutor charged with the duty of prosecuting the offense, the arresting agency, or the chief legal officer of the unit of local government effecting the arrest (rather than the petitioner or any party entitled to notice) may file a motion to vacate, modify, or reconsider the order granting or denying the petition to expunge or seal within 60 days of service of the order.
Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that prior to the hearing on the objection to the expungement or sealing of criminal records, the State's Attorney shall consult with the Department of State Police as to the appropriateness of the relief sought in the petition to expunge or seal. Provides that the Department of State Police shall send written notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, within 60 days of service of the order resolving the motion, if that order requires the Department to expunge or seal records. In the event of an appeal from the circuit court order, the Department shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within 60 days of the issuance of the court's mandate. Provides that the notice is not required while any motion to vacate, modify, or reconsider, or any appeal or petition for discretionary appellate review, is pending. Provides that upon request of a State's Attorney or the Attorney General, the Department of State Police shall provide within 30 days a list of all orders to expunge or seal with which the Department has not yet complied. Provides that this list shall include the date of the order, the name of the petitioner, the case number, and a detailed statement of the basis for non-compliance. Effective immediately.
House Floor Amendment No. 2 Makes technical changes concerning cross references. Provides that upon request of a State's Attorney or the Attorney General, the Department shall provide within 90 (rather than 30) days a list of all orders to expunge or seal with which the Department of State Police has not yet complied. Provides that this list shall include the date of the order, the name of the petitioner, the case number, and a detailed statement of the basis for non-compliance.
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