Illinois General Assembly - Bill Status for HB6328

Amends the Criminal Identification Act. Permits the sealing of all felony convictions, except Class X felonies and except certain excluded offenses. Provides that the expungement of records that resulted in a successful completion of the supervision or qualified probation may be expunged after satisfactory termination of the supervision or probation (rather than after 2 or 5 years following satisfactory termination of the supervision or probation).

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Deletes provision that a petitioner who petitions the circuit court to expunge the records of his or her arrests and charges not initiated by arrest must have never been convicted of a criminal offense. Provides that no fee shall be required to be paid by the petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except the sealing or expungement of records of minor traffic offenses.

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Deletes provision that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest that have not resulted in a conviction, other than excluded offenses, only when the petitioner has never been convicted of a criminal offense. Provides that when a petitioner seeks to have a record of arrest expunged under this Section, and the offender has been convicted of a criminal offense, the State's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest. Deletes provision that the person whose records are to be expunged shall pay the clerk of the circuit court a fee equivalent to the cost associated with expungement of records by the clerk and the Department of State Police. Provides that no fee shall be required for filing a petition for expungement or sealing if the petitioner has obtained a court order waiving fees under Supreme Court Rule 298 or it is otherwise waived. Provides that for a period of one year from the effective date of the amendatory Act or until January 1, 2018, whichever is later, in a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded. Amends the Juvenile Court Act of 1987. Deletes provision that a person whose juvenile records are to be expunged shall pay the clerk of the circuit court a fee equivalent to the cost associated with expungement of records by the clerk and the Department of State Police.

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