Illinois General Assembly - Full Text of HB0434
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Full Text of HB0434  102nd General Assembly

HB0434eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0434 EngrossedLRB102 04268 RLC 14286 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, sealing, and immediate expungement
8or sealing.
9    (a) General Provisions.
10        (1) Definitions. In this Act, words and phrases have
11    the meanings set forth in this subsection, except when a
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),
17                (ii) Charge (730 ILCS 5/5-1-3),
18                (iii) Court (730 ILCS 5/5-1-6),
19                (iv) Defendant (730 ILCS 5/5-1-7),
20                (v) Felony (730 ILCS 5/5-1-9),
21                (vi) Imprisonment (730 ILCS 5/5-1-10),
22                (vii) Judgment (730 ILCS 5/5-1-12),
23                (viii) Misdemeanor (730 ILCS 5/5-1-14),

 

 

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1                (ix) Offense (730 ILCS 5/5-1-15),
2                (x) Parole (730 ILCS 5/5-1-16),
3                (xi) Petty Offense (730 ILCS 5/5-1-17),
4                (xii) Probation (730 ILCS 5/5-1-18),
5                (xiii) Sentence (730 ILCS 5/5-1-19),
6                (xiv) Supervision (730 ILCS 5/5-1-21), and
7                (xv) Victim (730 ILCS 5/5-1-22).
8            (B) As used in this Section, "charge not initiated
9        by arrest" means a charge (as defined by 730 ILCS
10        5/5-1-3) brought against a defendant where the
11        defendant is not arrested prior to or as a direct
12        result of the charge.
13            (C) "Conviction" means a judgment of conviction or
14        sentence entered upon a plea of guilty or upon a
15        verdict or finding of guilty of an offense, rendered
16        by a legally constituted jury or by a court of
17        competent jurisdiction authorized to try the case
18        without a jury. An order of supervision successfully
19        completed by the petitioner is not a conviction. An
20        order of qualified probation (as defined in subsection
21        (a)(1)(J)) successfully completed by the petitioner is
22        not a conviction. An order of supervision or an order
23        of qualified probation that is terminated
24        unsatisfactorily is a conviction, unless the
25        unsatisfactory termination is reversed, vacated, or
26        modified and the judgment of conviction, if any, is

 

 

HB0434 Engrossed- 3 -LRB102 04268 RLC 14286 b

1        reversed or vacated.
2            (D) "Criminal offense" means a petty offense,
3        business offense, misdemeanor, felony, or municipal
4        ordinance violation (as defined in subsection
5        (a)(1)(H)). As used in this Section, a minor traffic
6        offense (as defined in subsection (a)(1)(G)) shall not
7        be considered a criminal offense.
8            (E) "Expunge" means to physically destroy the
9        records or return them to the petitioner and to
10        obliterate the petitioner's name from any official
11        index or public record, or both. Nothing in this Act
12        shall require the physical destruction of the circuit
13        court file, but such records relating to arrests or
14        charges, or both, ordered expunged shall be impounded
15        as required by subsections (d)(9)(A)(ii) and
16        (d)(9)(B)(ii).
17            (F) As used in this Section, "last sentence" means
18        the sentence, order of supervision, or order of
19        qualified probation (as defined by subsection
20        (a)(1)(J)), for a criminal offense (as defined by
21        subsection (a)(1)(D)) that terminates last in time in
22        any jurisdiction, regardless of whether the petitioner
23        has included the criminal offense for which the
24        sentence or order of supervision or qualified
25        probation was imposed in his or her petition. If
26        multiple sentences, orders of supervision, or orders

 

 

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1        of qualified probation terminate on the same day and
2        are last in time, they shall be collectively
3        considered the "last sentence" regardless of whether
4        they were ordered to run concurrently.
5            (G) "Minor traffic offense" means a petty offense,
6        business offense, or Class C misdemeanor under the
7        Illinois Vehicle Code or a similar provision of a
8        municipal or local ordinance.
9            (G-5) "Minor Cannabis Offense" means a violation
10        of Section 4 or 5 of the Cannabis Control Act
11        concerning not more than 30 grams of any substance
12        containing cannabis, provided the violation did not
13        include a penalty enhancement under Section 7 of the
14        Cannabis Control Act and is not associated with an
15        arrest, conviction or other disposition for a violent
16        crime as defined in subsection (c) of Section 3 of the
17        Rights of Crime Victims and Witnesses Act.
18            (H) "Municipal ordinance violation" means an
19        offense defined by a municipal or local ordinance that
20        is criminal in nature and with which the petitioner
21        was charged or for which the petitioner was arrested
22        and released without charging.
23            (I) "Petitioner" means an adult or a minor
24        prosecuted as an adult who has applied for relief
25        under this Section.
26            (J) "Qualified probation" means an order of

 

 

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1        probation under Section 10 of the Cannabis Control
2        Act, Section 410 of the Illinois Controlled Substances
3        Act, Section 70 of the Methamphetamine Control and
4        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
5        of the Unified Code of Corrections, Section
6        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
7        those provisions existed before their deletion by
8        Public Act 89-313), Section 10-102 of the Illinois
9        Alcoholism and Other Drug Dependency Act, Section
10        40-10 of the Substance Use Disorder Act, or Section 10
11        of the Steroid Control Act. For the purpose of this
12        Section, "successful completion" of an order of
13        qualified probation under Section 10-102 of the
14        Illinois Alcoholism and Other Drug Dependency Act and
15        Section 40-10 of the Substance Use Disorder Act means
16        that the probation was terminated satisfactorily and
17        the judgment of conviction was vacated.
18            (K) "Seal" means to physically and electronically
19        maintain the records, unless the records would
20        otherwise be destroyed due to age, but to make the
21        records unavailable without a court order, subject to
22        the exceptions in Sections 12 and 13 of this Act. The
23        petitioner's name shall also be obliterated from the
24        official index required to be kept by the circuit
25        court clerk under Section 16 of the Clerks of Courts
26        Act, but any index issued by the circuit court clerk

 

 

HB0434 Engrossed- 6 -LRB102 04268 RLC 14286 b

1        before the entry of the order to seal shall not be
2        affected.
3            (L) "Sexual offense committed against a minor"
4        includes, but is not limited to, the offenses of
5        indecent solicitation of a child or criminal sexual
6        abuse when the victim of such offense is under 18 years
7        of age.
8            (M) "Terminate" as it relates to a sentence or
9        order of supervision or qualified probation includes
10        either satisfactory or unsatisfactory termination of
11        the sentence, unless otherwise specified in this
12        Section. A sentence is terminated notwithstanding any
13        outstanding financial legal obligation.
14        (2) Minor Traffic Offenses. Orders of supervision or
15    convictions for minor traffic offenses shall not affect a
16    petitioner's eligibility to expunge or seal records
17    pursuant to this Section.
18        (2.5) Commencing 180 days after July 29, 2016 (the
19    effective date of Public Act 99-697), the law enforcement
20    agency issuing the citation shall automatically expunge,
21    on or before January 1 and July 1 of each year, the law
22    enforcement records of a person found to have committed a
23    civil law violation of subsection (a) of Section 4 of the
24    Cannabis Control Act or subsection (c) of Section 3.5 of
25    the Drug Paraphernalia Control Act in the law enforcement
26    agency's possession or control and which contains the

 

 

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1    final satisfactory disposition which pertain to the person
2    issued a citation for that offense. The law enforcement
3    agency shall provide by rule the process for access,
4    review, and to confirm the automatic expungement by the
5    law enforcement agency issuing the citation. Commencing
6    180 days after July 29, 2016 (the effective date of Public
7    Act 99-697), the clerk of the circuit court shall expunge,
8    upon order of the court, or in the absence of a court order
9    on or before January 1 and July 1 of each year, the court
10    records of a person found in the circuit court to have
11    committed a civil law violation of subsection (a) of
12    Section 4 of the Cannabis Control Act or subsection (c) of
13    Section 3.5 of the Drug Paraphernalia Control Act in the
14    clerk's possession or control and which contains the final
15    satisfactory disposition which pertain to the person
16    issued a citation for any of those offenses.
17        (3) Exclusions. Except as otherwise provided in
18    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
19    of this Section, the court shall not order:
20            (A) the sealing or expungement of the records of
21        arrests or charges not initiated by arrest that result
22        in an order of supervision for or conviction of: (i)
23        any sexual offense committed against a minor; (ii)
24        Section 11-501 of the Illinois Vehicle Code or a
25        similar provision of a local ordinance; or (iii)
26        Section 11-503 of the Illinois Vehicle Code or a

 

 

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1        similar provision of a local ordinance, unless the
2        arrest or charge is for a misdemeanor violation of
3        subsection (a) of Section 11-503 or a similar
4        provision of a local ordinance, that occurred prior to
5        the offender reaching the age of 25 years and the
6        offender has no other conviction for violating Section
7        11-501 or 11-503 of the Illinois Vehicle Code or a
8        similar provision of a local ordinance.
9            (B) the sealing or expungement of records of minor
10        traffic offenses (as defined in subsection (a)(1)(G)),
11        unless the petitioner was arrested and released
12        without charging.
13            (C) the sealing of the records of arrests or
14        charges not initiated by arrest which result in an
15        order of supervision or a conviction for the following
16        offenses:
17                (i) offenses included in Article 11 of the
18            Criminal Code of 1961 or the Criminal Code of 2012
19            or a similar provision of a local ordinance,
20            except Section 11-14 and a misdemeanor violation
21            of Section 11-30 of the Criminal Code of 1961 or
22            the Criminal Code of 2012, or a similar provision
23            of a local ordinance;
24                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
25            26-5, or 48-1 of the Criminal Code of 1961 or the
26            Criminal Code of 2012, or a similar provision of a

 

 

HB0434 Engrossed- 9 -LRB102 04268 RLC 14286 b

1            local ordinance;
2                (iii) Sections 12-3.1 or 12-3.2 of the
3            Criminal Code of 1961 or the Criminal Code of
4            2012, or Section 125 of the Stalking No Contact
5            Order Act, or Section 219 of the Civil No Contact
6            Order Act, or a similar provision of a local
7            ordinance;
8                (iv) Class A misdemeanors or felony offenses
9            under the Humane Care for Animals Act; or
10                (v) any offense or attempted offense that
11            would subject a person to registration under the
12            Sex Offender Registration Act.
13            (D) (blank).
14    (b) Expungement.
15        (1) A petitioner may petition the circuit court to
16    expunge the records of his or her arrests and charges not
17    initiated by arrest when each arrest or charge not
18    initiated by arrest sought to be expunged resulted in: (i)
19    acquittal, dismissal, or the petitioner's release without
20    charging, unless excluded by subsection (a)(3)(B); (ii) a
21    conviction which was vacated or reversed, unless excluded
22    by subsection (a)(3)(B); (iii) an order of supervision and
23    such supervision was successfully completed by the
24    petitioner, unless excluded by subsection (a)(3)(A) or
25    (a)(3)(B); or (iv) an order of qualified probation (as
26    defined in subsection (a)(1)(J)) and such probation was

 

 

HB0434 Engrossed- 10 -LRB102 04268 RLC 14286 b

1    successfully completed by the petitioner.
2        (1.5) When a petitioner seeks to have a record of
3    arrest expunged under this Section, and the offender has
4    been convicted of a criminal offense, the State's Attorney
5    may object to the expungement on the grounds that the
6    records contain specific relevant information aside from
7    the mere fact of the arrest.
8        (2) Time frame for filing a petition to expunge.
9            (A) When the arrest or charge not initiated by
10        arrest sought to be expunged resulted in an acquittal,
11        dismissal, the petitioner's release without charging,
12        or the reversal or vacation of a conviction, there is
13        no waiting period to petition for the expungement of
14        such records. Subsection (g) of this Section provides
15        for immediate expungement of certain records.
16            (B) When the arrest or charge not initiated by
17        arrest sought to be expunged resulted in an order of
18        supervision, successfully completed by the petitioner,
19        the following time frames will apply:
20                (i) Those arrests or charges that resulted in
21            orders of supervision under Section 3-707, 3-708,
22            3-710, or 5-401.3 of the Illinois Vehicle Code or
23            a similar provision of a local ordinance, or under
24            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
25            Code of 1961 or the Criminal Code of 2012, or a
26            similar provision of a local ordinance, shall not

 

 

HB0434 Engrossed- 11 -LRB102 04268 RLC 14286 b

1            be eligible for expungement until 5 years have
2            passed following the satisfactory termination of
3            the supervision.
4                (i-5) Those arrests or charges that resulted
5            in orders of supervision for a misdemeanor
6            violation of subsection (a) of Section 11-503 of
7            the Illinois Vehicle Code or a similar provision
8            of a local ordinance, that occurred prior to the
9            offender reaching the age of 25 years and the
10            offender has no other conviction for violating
11            Section 11-501 or 11-503 of the Illinois Vehicle
12            Code or a similar provision of a local ordinance
13            shall not be eligible for expungement until the
14            petitioner has reached the age of 25 years.
15                (ii) Those arrests or charges that resulted in
16            orders of supervision for any other offenses shall
17            not be eligible for expungement until 2 years have
18            passed following the satisfactory termination of
19            the supervision.
20            (C) When the arrest or charge not initiated by
21        arrest sought to be expunged resulted in an order of
22        qualified probation, successfully completed by the
23        petitioner, such records shall not be eligible for
24        expungement until 5 years have passed following the
25        satisfactory termination of the probation.
26        (3) Those records maintained by the Department for

 

 

HB0434 Engrossed- 12 -LRB102 04268 RLC 14286 b

1    persons arrested prior to their 17th birthday shall be
2    expunged as provided in Section 5-915 of the Juvenile
3    Court Act of 1987.
4        (4) Whenever a person has been arrested for or
5    convicted of any offense, in the name of a person whose
6    identity he or she has stolen or otherwise come into
7    possession of, the aggrieved person from whom the identity
8    was stolen or otherwise obtained without authorization,
9    upon learning of the person having been arrested using his
10    or her identity, may, upon verified petition to the chief
11    judge of the circuit wherein the arrest was made, have a
12    court order entered nunc pro tunc by the Chief Judge to
13    correct the arrest record, conviction record, if any, and
14    all official records of the arresting authority, the
15    Department, other criminal justice agencies, the
16    prosecutor, and the trial court concerning such arrest, if
17    any, by removing his or her name from all such records in
18    connection with the arrest and conviction, if any, and by
19    inserting in the records the name of the offender, if
20    known or ascertainable, in lieu of the aggrieved's name.
21    The records of the circuit court clerk shall be sealed
22    until further order of the court upon good cause shown and
23    the name of the aggrieved person obliterated on the
24    official index required to be kept by the circuit court
25    clerk under Section 16 of the Clerks of Courts Act, but the
26    order shall not affect any index issued by the circuit

 

 

HB0434 Engrossed- 13 -LRB102 04268 RLC 14286 b

1    court clerk before the entry of the order. Nothing in this
2    Section shall limit the Department of State Police or
3    other criminal justice agencies or prosecutors from
4    listing under an offender's name the false names he or she
5    has used.
6        (5) Whenever a person has been convicted of criminal
7    sexual assault, aggravated criminal sexual assault,
8    predatory criminal sexual assault of a child, criminal
9    sexual abuse, or aggravated criminal sexual abuse, the
10    victim of that offense may request that the State's
11    Attorney of the county in which the conviction occurred
12    file a verified petition with the presiding trial judge at
13    the petitioner's trial to have a court order entered to
14    seal the records of the circuit court clerk in connection
15    with the proceedings of the trial court concerning that
16    offense. However, the records of the arresting authority
17    and the Department of State Police concerning the offense
18    shall not be sealed. The court, upon good cause shown,
19    shall make the records of the circuit court clerk in
20    connection with the proceedings of the trial court
21    concerning the offense available for public inspection.
22        (6) If a conviction has been set aside on direct
23    review or on collateral attack and the court determines by
24    clear and convincing evidence that the petitioner was
25    factually innocent of the charge, the court that finds the
26    petitioner factually innocent of the charge shall enter an

 

 

HB0434 Engrossed- 14 -LRB102 04268 RLC 14286 b

1    expungement order for the conviction for which the
2    petitioner has been determined to be innocent as provided
3    in subsection (b) of Section 5-5-4 of the Unified Code of
4    Corrections.
5        (7) Nothing in this Section shall prevent the
6    Department of State Police from maintaining all records of
7    any person who is admitted to probation upon terms and
8    conditions and who fulfills those terms and conditions
9    pursuant to Section 10 of the Cannabis Control Act,
10    Section 410 of the Illinois Controlled Substances Act,
11    Section 70 of the Methamphetamine Control and Community
12    Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
13    Code of Corrections, Section 12-4.3 or subdivision (b)(1)
14    of Section 12-3.05 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, Section 10-102 of the Illinois
16    Alcoholism and Other Drug Dependency Act, Section 40-10 of
17    the Substance Use Disorder Act, or Section 10 of the
18    Steroid Control Act.
19        (8) If the petitioner has been granted a certificate
20    of innocence under Section 2-702 of the Code of Civil
21    Procedure, the court that grants the certificate of
22    innocence shall also enter an order expunging the
23    conviction for which the petitioner has been determined to
24    be innocent as provided in subsection (h) of Section 2-702
25    of the Code of Civil Procedure.
26    (c) Sealing.

 

 

HB0434 Engrossed- 15 -LRB102 04268 RLC 14286 b

1        (1) Applicability. Notwithstanding any other provision
2    of this Act to the contrary, and cumulative with any
3    rights to expungement of criminal records, this subsection
4    authorizes the sealing of criminal records of adults and
5    of minors prosecuted as adults. Subsection (g) of this
6    Section provides for immediate sealing of certain records.
7        (2) Eligible Records. The following records may be
8    sealed:
9            (A) All arrests resulting in release without
10        charging;
11            (B) Arrests or charges not initiated by arrest
12        resulting in acquittal, dismissal, or conviction when
13        the conviction was reversed or vacated, except as
14        excluded by subsection (a)(3)(B);
15            (C) Arrests or charges not initiated by arrest
16        resulting in orders of supervision, including orders
17        of supervision for municipal ordinance violations,
18        successfully completed by the petitioner, unless
19        excluded by subsection (a)(3);
20            (D) Arrests or charges not initiated by arrest
21        resulting in convictions, including convictions on
22        municipal ordinance violations, unless excluded by
23        subsection (a)(3);
24            (E) Arrests or charges not initiated by arrest
25        resulting in orders of first offender probation under
26        Section 10 of the Cannabis Control Act, Section 410 of

 

 

HB0434 Engrossed- 16 -LRB102 04268 RLC 14286 b

1        the Illinois Controlled Substances Act, Section 70 of
2        the Methamphetamine Control and Community Protection
3        Act, or Section 5-6-3.3 of the Unified Code of
4        Corrections; and
5            (F) Arrests or charges not initiated by arrest
6        resulting in felony convictions unless otherwise
7        excluded by subsection (a) paragraph (3) of this
8        Section.
9        (3) When Records Are Eligible to Be Sealed. Records
10    identified as eligible under subsection (c)(2) may be
11    sealed as follows:
12            (A) Records identified as eligible under
13        subsection (c)(2)(A) and (c)(2)(B) may be sealed at
14        any time.
15            (B) Except as otherwise provided in subparagraph
16        (E) of this paragraph (3), records identified as
17        eligible under subsection (c)(2)(C) may be sealed 2
18        years after the termination of petitioner's last
19        sentence (as defined in subsection (a)(1)(F)).
20            (C) Except as otherwise provided in subparagraph
21        (E) of this paragraph (3), records identified as
22        eligible under subsections (c)(2)(D), (c)(2)(E), and
23        (c)(2)(F) may be sealed 3 years after the termination
24        of the petitioner's last sentence (as defined in
25        subsection (a)(1)(F)). Convictions requiring public
26        registration under the Arsonist Registration Act, the

 

 

HB0434 Engrossed- 17 -LRB102 04268 RLC 14286 b

1        Sex Offender Registration Act, or the Murderer and
2        Violent Offender Against Youth Registration Act may
3        not be sealed until the petitioner is no longer
4        required to register under that relevant Act.
5            (D) Records identified in subsection
6        (a)(3)(A)(iii) may be sealed after the petitioner has
7        reached the age of 25 years.
8            (E) Records identified as eligible under
9        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
10        (c)(2)(F) may be sealed upon termination of the
11        petitioner's last sentence if the petitioner earned a
12        high school diploma, associate's degree, career
13        certificate, vocational technical certification, or
14        bachelor's degree, or passed the high school level
15        Test of General Educational Development, during the
16        period of his or her sentence or mandatory supervised
17        release. This subparagraph shall apply only to a
18        petitioner who has not completed the same educational
19        goal prior to the period of his or her sentence or
20        mandatory supervised release. If a petition for
21        sealing eligible records filed under this subparagraph
22        is denied by the court, the time periods under
23        subparagraph (B) or (C) shall apply to any subsequent
24        petition for sealing filed by the petitioner.
25        (4) Subsequent felony convictions. A person may not
26    have subsequent felony conviction records sealed as

 

 

HB0434 Engrossed- 18 -LRB102 04268 RLC 14286 b

1    provided in this subsection (c) if he or she is convicted
2    of any felony offense after the date of the sealing of
3    prior felony convictions as provided in this subsection
4    (c). The court may, upon conviction for a subsequent
5    felony offense, order the unsealing of prior felony
6    conviction records previously ordered sealed by the court.
7        (5) Notice of eligibility for sealing. Upon entry of a
8    disposition for an eligible record under this subsection
9    (c), the petitioner shall be informed by the court of the
10    right to have the records sealed and the procedures for
11    the sealing of the records.
12    (d) Procedure. The following procedures apply to
13expungement under subsections (b), (e), and (e-6) and sealing
14under subsections (c) and (e-5):
15        (1) Filing the petition. Upon becoming eligible to
16    petition for the expungement or sealing of records under
17    this Section, the petitioner shall file a petition
18    requesting the expungement or sealing of records with the
19    clerk of the court where the arrests occurred or the
20    charges were brought, or both. If arrests occurred or
21    charges were brought in multiple jurisdictions, a petition
22    must be filed in each such jurisdiction. The petitioner
23    shall pay the applicable fee, except no fee shall be
24    required if the petitioner has obtained a court order
25    waiving fees under Supreme Court Rule 298 or it is
26    otherwise waived.

 

 

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1        (1.5) County fee waiver pilot program. From August 9,
2    2019 (the effective date of Public Act 101-306) through
3    December 31, 2020, in a county of 3,000,000 or more
4    inhabitants, no fee shall be required to be paid by a
5    petitioner if the records sought to be expunged or sealed
6    were arrests resulting in release without charging or
7    arrests or charges not initiated by arrest resulting in
8    acquittal, dismissal, or conviction when the conviction
9    was reversed or vacated, unless excluded by subsection
10    (a)(3)(B). The provisions of this paragraph (1.5), other
11    than this sentence, are inoperative on and after January
12    1, 2022.
13        (2) Contents of petition. The petition shall be
14    verified and shall contain the petitioner's name, date of
15    birth, current address and, for each arrest or charge not
16    initiated by arrest sought to be sealed or expunged, the
17    case number, the date of arrest (if any), the identity of
18    the arresting authority, and such other information as the
19    court may require. During the pendency of the proceeding,
20    the petitioner shall promptly notify the circuit court
21    clerk of any change of his or her address. If the
22    petitioner has received a certificate of eligibility for
23    sealing from the Prisoner Review Board under paragraph
24    (10) of subsection (a) of Section 3-3-2 of the Unified
25    Code of Corrections, the certificate shall be attached to
26    the petition.

 

 

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1        (3) Drug test. The petitioner must attach to the
2    petition proof that the petitioner has passed a test taken
3    within 30 days before the filing of the petition showing
4    the absence within his or her body of all illegal
5    substances as defined by the Illinois Controlled
6    Substances Act, the Methamphetamine Control and Community
7    Protection Act, and the Cannabis Control Act if he or she
8    is petitioning to:
9            (A) seal felony records under clause (c)(2)(E);
10            (B) seal felony records for a violation of the
11        Illinois Controlled Substances Act, the
12        Methamphetamine Control and Community Protection Act,
13        or the Cannabis Control Act under clause (c)(2)(F);
14            (C) seal felony records under subsection (e-5); or
15            (D) expunge felony records of a qualified
16        probation under clause (b)(1)(iv).
17        (4) Service of petition. The circuit court clerk shall
18    promptly serve a copy of the petition and documentation to
19    support the petition under subsection (e-5) or (e-6) on
20    the State's Attorney or prosecutor charged with the duty
21    of prosecuting the offense, the Department of State
22    Police, the arresting agency and the chief legal officer
23    of the unit of local government effecting the arrest.
24        (5) Objections.
25            (A) Any party entitled to notice of the petition
26        may file an objection to the petition. All objections

 

 

HB0434 Engrossed- 21 -LRB102 04268 RLC 14286 b

1        shall be in writing, shall be filed with the circuit
2        court clerk, and shall state with specificity the
3        basis of the objection. Whenever a person who has been
4        convicted of an offense is granted a pardon by the
5        Governor which specifically authorizes expungement, an
6        objection to the petition may not be filed.
7            (B) Objections to a petition to expunge or seal
8        must be filed within 60 days of the date of service of
9        the petition.
10        (6) Entry of order.
11            (A) The Chief Judge of the circuit wherein the
12        charge was brought, any judge of that circuit
13        designated by the Chief Judge, or in counties of less
14        than 3,000,000 inhabitants, the presiding trial judge
15        at the petitioner's trial, if any, shall rule on the
16        petition to expunge or seal as set forth in this
17        subsection (d)(6).
18            (B) Unless the State's Attorney or prosecutor, the
19        Department of State Police, the arresting agency, or
20        the chief legal officer files an objection to the
21        petition to expunge or seal within 60 days from the
22        date of service of the petition, the court shall enter
23        an order granting or denying the petition.
24            (C) Notwithstanding any other provision of law,
25        the court shall not deny a petition for sealing under
26        this Section because the petitioner has not satisfied

 

 

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1        an outstanding legal financial obligation established,
2        imposed, or originated by a court, law enforcement
3        agency, or a municipal, State, county, or other unit
4        of local government, including, but not limited to,
5        any cost, assessment, fine, or fee. An outstanding
6        legal financial obligation does not include any court
7        ordered restitution to a victim under Section 5-5-6 of
8        the Unified Code of Corrections, unless the
9        restitution has been converted to a civil judgment.
10        Nothing in this subparagraph (C) waives, rescinds, or
11        abrogates a legal financial obligation or otherwise
12        eliminates or affects the right of the holder of any
13        financial obligation to pursue collection under
14        applicable federal, State, or local law.
15        (7) Hearings. If an objection is filed, the court
16    shall set a date for a hearing and notify the petitioner
17    and all parties entitled to notice of the petition of the
18    hearing date at least 30 days prior to the hearing. Prior
19    to the hearing, the State's Attorney shall consult with
20    the Department as to the appropriateness of the relief
21    sought in the petition to expunge or seal. At the hearing,
22    the court shall hear evidence on whether the petition
23    should or should not be granted, and shall grant or deny
24    the petition to expunge or seal the records based on the
25    evidence presented at the hearing. The court may consider
26    the following:

 

 

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1            (A) the strength of the evidence supporting the
2        defendant's conviction;
3            (B) the reasons for retention of the conviction
4        records by the State;
5            (C) the petitioner's age, criminal record history,
6        and employment history;
7            (D) the period of time between the petitioner's
8        arrest on the charge resulting in the conviction and
9        the filing of the petition under this Section; and
10            (E) the specific adverse consequences the
11        petitioner may be subject to if the petition is
12        denied.
13        (8) Service of order. After entering an order to
14    expunge or seal records, the court must provide copies of
15    the order to the Department, in a form and manner
16    prescribed by the Department, to the petitioner, to the
17    State's Attorney or prosecutor charged with the duty of
18    prosecuting the offense, to the arresting agency, to the
19    chief legal officer of the unit of local government
20    effecting the arrest, and to such other criminal justice
21    agencies as may be ordered by the court.
22        (9) Implementation of order.
23            (A) Upon entry of an order to expunge records
24        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
25                (i) the records shall be expunged (as defined
26            in subsection (a)(1)(E)) by the arresting agency,

 

 

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1            the Department, and any other agency as ordered by
2            the court, within 60 days of the date of service of
3            the order, unless a motion to vacate, modify, or
4            reconsider the order is filed pursuant to
5            paragraph (12) of subsection (d) of this Section;
6                (ii) the records of the circuit court clerk
7            shall be impounded until further order of the
8            court upon good cause shown and the name of the
9            petitioner obliterated on the official index
10            required to be kept by the circuit court clerk
11            under Section 16 of the Clerks of Courts Act, but
12            the order shall not affect any index issued by the
13            circuit court clerk before the entry of the order;
14            and
15                (iii) in response to an inquiry for expunged
16            records, the court, the Department, or the agency
17            receiving such inquiry, shall reply as it does in
18            response to inquiries when no records ever
19            existed.
20            (B) Upon entry of an order to expunge records
21        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
22                (i) the records shall be expunged (as defined
23            in subsection (a)(1)(E)) by the arresting agency
24            and any other agency as ordered by the court,
25            within 60 days of the date of service of the order,
26            unless a motion to vacate, modify, or reconsider

 

 

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

 

 

HB0434 Engrossed- 26 -LRB102 04268 RLC 14286 b

1            records, the court, the Department, or the agency
2            receiving such inquiry shall reply as it does in
3            response to inquiries when no records ever
4            existed.
5            (B-5) Upon entry of an order to expunge records
6        under subsection (e-6):
7                (i) the records shall be expunged (as defined
8            in subsection (a)(1)(E)) by the arresting agency
9            and any other agency as ordered by the court,
10            within 60 days of the date of service of the order,
11            unless a motion to vacate, modify, or reconsider
12            the order is filed under paragraph (12) of
13            subsection (d) of this Section;
14                (ii) the records of the circuit court clerk
15            shall be impounded until further order of the
16            court upon good cause shown and the name of the
17            petitioner obliterated on the official index
18            required to be kept by the circuit court clerk
19            under Section 16 of the Clerks of Courts Act, but
20            the order shall not affect any index issued by the
21            circuit court clerk before the entry of the order;
22                (iii) the records shall be impounded by the
23            Department within 60 days of the date of service
24            of the order as ordered by the court, unless a
25            motion to vacate, modify, or reconsider the order
26            is filed under paragraph (12) of subsection (d) of

 

 

HB0434 Engrossed- 27 -LRB102 04268 RLC 14286 b

1            this Section;
2                (iv) records impounded by the Department may
3            be disseminated by the Department only as required
4            by law or to the arresting authority, the State's
5            Attorney, and the court upon a later arrest for
6            the same or a similar offense or for the purpose of
7            sentencing for any subsequent felony, and to the
8            Department of Corrections upon conviction for any
9            offense; and
10                (v) in response to an inquiry for these
11            records from anyone not authorized by law to
12            access the records, the court, the Department, or
13            the agency receiving the inquiry shall reply as it
14            does in response to inquiries when no records ever
15            existed.
16            (C) Upon entry of an order to seal records under
17        subsection (c), the arresting agency, any other agency
18        as ordered by the court, the Department, and the court
19        shall seal the records (as defined in subsection
20        (a)(1)(K)). In response to an inquiry for such
21        records, from anyone not authorized by law to access
22        such records, the court, the Department, or the agency
23        receiving such inquiry shall reply as it does in
24        response to inquiries when no records ever existed.
25            (D) The Department shall send written notice to
26        the petitioner of its compliance with each order to

 

 

HB0434 Engrossed- 28 -LRB102 04268 RLC 14286 b

1        expunge or seal records within 60 days of the date of
2        service of that order or, if a motion to vacate,
3        modify, or reconsider is filed, within 60 days of
4        service of the order resolving the motion, if that
5        order requires the Department to expunge or seal
6        records. In the event of an appeal from the circuit
7        court order, the Department shall send written notice
8        to the petitioner of its compliance with an Appellate
9        Court or Supreme Court judgment to expunge or seal
10        records within 60 days of the issuance of the court's
11        mandate. The notice is not required while any motion
12        to vacate, modify, or reconsider, or any appeal or
13        petition for discretionary appellate review, is
14        pending.
15            (E) Upon motion, the court may order that a sealed
16        judgment or other court record necessary to
17        demonstrate the amount of any legal financial
18        obligation due and owing be made available for the
19        limited purpose of collecting any legal financial
20        obligations owed by the petitioner that were
21        established, imposed, or originated in the criminal
22        proceeding for which those records have been sealed.
23        The records made available under this subparagraph (E)
24        shall not be entered into the official index required
25        to be kept by the circuit court clerk under Section 16
26        of the Clerks of Courts Act and shall be immediately

 

 

HB0434 Engrossed- 29 -LRB102 04268 RLC 14286 b

1        re-impounded upon the collection of the outstanding
2        financial obligations.
3            (F) Notwithstanding any other provision of this
4        Section, a circuit court clerk may access a sealed
5        record for the limited purpose of collecting payment
6        for any legal financial obligations that were
7        established, imposed, or originated in the criminal
8        proceedings for which those records have been sealed.
9        (10) Fees. The Department may charge the petitioner a
10    fee equivalent to the cost of processing any order to
11    expunge or seal records. Notwithstanding any provision of
12    the Clerks of Courts Act to the contrary, the circuit
13    court clerk may charge a fee equivalent to the cost
14    associated with the sealing or expungement of records by
15    the circuit court clerk. From the total filing fee
16    collected for the petition to seal or expunge, the circuit
17    court clerk shall deposit $10 into the Circuit Court Clerk
18    Operation and Administrative Fund, to be used to offset
19    the costs incurred by the circuit court clerk in
20    performing the additional duties required to serve the
21    petition to seal or expunge on all parties. The circuit
22    court clerk shall collect and forward the Department of
23    State Police portion of the fee to the Department and it
24    shall be deposited in the State Police Services Fund. If
25    the record brought under an expungement petition was
26    previously sealed under this Section, the fee for the

 

 

HB0434 Engrossed- 30 -LRB102 04268 RLC 14286 b

1    expungement petition for that same record shall be waived.
2        (11) Final Order. No court order issued under the
3    expungement or sealing provisions of this Section shall
4    become final for purposes of appeal until 30 days after
5    service of the order on the petitioner and all parties
6    entitled to notice of the petition.
7        (12) Motion to Vacate, Modify, or Reconsider. Under
8    Section 2-1203 of the Code of Civil Procedure, 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. If filed more than 60 days after
13    service of the order, a petition to vacate, modify, or
14    reconsider shall comply with subsection (c) of Section
15    2-1401 of the Code of Civil Procedure. Upon filing of a
16    motion to vacate, modify, or reconsider, notice of the
17    motion shall be served upon the petitioner and all parties
18    entitled to notice of the petition.
19        (13) Effect of Order. An order granting a petition
20    under the expungement or sealing provisions of this
21    Section shall not be considered void because it fails to
22    comply with the provisions of this Section or because of
23    any error asserted in a motion to vacate, modify, or
24    reconsider. The circuit court retains jurisdiction to
25    determine whether the order is voidable and to vacate,
26    modify, or reconsider its terms based on a motion filed

 

 

HB0434 Engrossed- 31 -LRB102 04268 RLC 14286 b

1    under paragraph (12) of this subsection (d).
2        (14) Compliance with Order Granting Petition to Seal
3    Records. Unless a court has entered a stay of an order
4    granting a petition to seal, all parties entitled to
5    notice of the petition must fully comply with the terms of
6    the order within 60 days of service of the order even if a
7    party is seeking relief from the order through a motion
8    filed under paragraph (12) of this subsection (d) or is
9    appealing the order.
10        (15) Compliance with Order Granting Petition to
11    Expunge Records. While a party is seeking relief from the
12    order granting the petition to expunge through a motion
13    filed under paragraph (12) of this subsection (d) or is
14    appealing the order, and unless a court has entered a stay
15    of that order, the parties entitled to notice of the
16    petition must seal, but need not expunge, the records
17    until there is a final order on the motion for relief or,
18    in the case of an appeal, the issuance of that court's
19    mandate.
20        (16) The changes to this subsection (d) made by Public
21    Act 98-163 apply to all petitions pending on August 5,
22    2013 (the effective date of Public Act 98-163) and to all
23    orders ruling on a petition to expunge or seal on or after
24    August 5, 2013 (the effective date of Public Act 98-163).
25    (e) Whenever a person who has been convicted of an offense
26is granted a pardon by the Governor which specifically

 

 

HB0434 Engrossed- 32 -LRB102 04268 RLC 14286 b

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

 

 

HB0434 Engrossed- 33 -LRB102 04268 RLC 14286 b

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

 

 

HB0434 Engrossed- 34 -LRB102 04268 RLC 14286 b

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

 

 

HB0434 Engrossed- 35 -LRB102 04268 RLC 14286 b

1or for the purpose of sentencing for any subsequent felony.
2Upon conviction for any subsequent offense, the Department of
3Corrections shall have access to all expunged records of the
4Department pertaining to that individual. Upon entry of the
5order of expungement, the circuit court clerk shall promptly
6mail a copy of the order to the person who was granted the
7certificate of eligibility for expungement.
8    (f) Subject to available funding, the Illinois Department
9of Corrections shall conduct a study of the impact of sealing,
10especially on employment and recidivism rates, utilizing a
11random sample of those who apply for the sealing of their
12criminal records under Public Act 93-211. At the request of
13the Illinois Department of Corrections, records of the
14Illinois Department of Employment Security shall be utilized
15as appropriate to assist in the study. The study shall not
16disclose any data in a manner that would allow the
17identification of any particular individual or employing unit.
18The study shall be made available to the General Assembly no
19later than September 1, 2010.
20    (g) Immediate Expungement or Sealing.
21        (1) Applicability. Notwithstanding any other provision
22    of this Act to the contrary, and cumulative with any
23    rights to expungement or sealing of criminal records, this
24    subsection authorizes the immediate expunging or sealing
25    of criminal records of adults and of minors prosecuted as
26    adults.

 

 

HB0434 Engrossed- 36 -LRB102 04268 RLC 14286 b

1        (2) Eligible Records. Arrests or charges not initiated
2    by arrest resulting in acquittal or dismissal with
3    prejudice, except as excluded by subsection (a)(3)(B),
4    that occur on or after January 1, 2018 (the effective date
5    of Public Act 100-282), may be sealed immediately if the
6    petition is filed with the circuit court clerk on the same
7    day and during the same hearing in which the case is
8    disposed.
9        (2.1) Arrests or charges not initiated by arrest
10    resulting in acquittal or dismissal with prejudice, except
11    as excluded by subsection (a)(3)(B), that occur on or
12    after January 1, 2018 (the effective date of Public Act
13    100-282), may be expunged immediately if the petition is
14    filed with the circuit court clerk on the same day and
15    during the same hearing in which the case is disposed,
16    except records concerning the offenses of criminal sexual
17    assault, aggravated criminal sexual assault, predatory
18    criminal sexual assault of a child, criminal sexual abuse,
19    aggravated criminal sexual abuse, domestic battery,
20    aggravated domestic battery, a violation of an order of
21    protection, a violation of a civil no contact order, or a
22    violation of a stalking no contact order may not be
23    expunged immediately.
24        (3) When Records are Eligible to be Immediately
25    Expunged or Sealed. Eligible records under paragraph (2)
26    of this subsection (g) may be expunged or sealed

 

 

HB0434 Engrossed- 37 -LRB102 04268 RLC 14286 b

1    immediately after entry of the final disposition of a
2    case, notwithstanding the disposition of other charges in
3    the same case.
4        (4) Notice of Eligibility for Immediate Expungement or
5    Sealing. Upon entry of a disposition for an eligible
6    record under this subsection (g), the defendant shall be
7    informed by the court of his or her right to have eligible
8    records immediately expunged or sealed and the procedure
9    for the immediate expungement or sealing of these records.
10        (5) Procedure. The following procedures apply to
11    immediate expungement or sealing under this subsection
12    (g).
13            (A) Filing the Petition. Upon entry of the final
14        disposition of the case, the defendant's attorney may
15        immediately petition the court, on behalf of the
16        defendant, for immediate expungement or sealing of
17        eligible records under paragraph (2) of this
18        subsection (g) that are entered on or after January 1,
19        2018 (the effective date of Public Act 100-282). The
20        immediate expungement or sealing petition may be filed
21        with the circuit court clerk during the hearing in
22        which the final disposition of the case is entered. If
23        the defendant's attorney does not file the petition
24        for immediate expungement or sealing during the
25        hearing, the defendant may file a petition for
26        expungement or sealing at any time as authorized under

 

 

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1        item (b)(2)(A) or subsection (c)(3)(A).
2            (B) Contents of Petition. The immediate
3        expungement or sealing petition shall be verified and
4        shall contain the petitioner's name, date of birth,
5        current address, and for each eligible record, the
6        case number, the date of arrest if applicable, the
7        identity of the arresting authority if applicable, and
8        other information as the court may require.
9            (C) Drug Test. The petitioner shall not be
10        required to attach proof that he or she has passed a
11        drug test.
12            (D) Service of Petition. A copy of the petition
13        shall be served on the State's Attorney in open court.
14        The petitioner shall not be required to serve a copy of
15        the petition on any other agency.
16            (E) Entry of Order. The presiding trial judge
17        shall enter an order granting or denying the petition
18        for immediate expungement or sealing during the
19        hearing in which it is filed. Petitions for immediate
20        expungement or sealing shall be ruled on in the same
21        hearing in which the final disposition of the case is
22        entered.
23            (F) Hearings. The court shall hear the petition
24        for immediate expungement or sealing on the same day
25        and during the same hearing in which the disposition
26        is rendered.

 

 

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1            (G) Service of Order. An order to immediately
2        expunge or seal eligible records shall be served in
3        conformance with paragraph (8) of subsection (d)
4        subsection (d)(8).
5            (H) Implementation of Order. An order to
6        immediately expunge or seal records shall be
7        implemented in conformance with subsections (d)(6)(B),
8        26 (d)(9)(A)(i), (d)(9)(A)(ii), (d)(9)(A)(iii),
9        (d)(9)(C), and (d)(9)(D).
10            (I) Fees. The fee imposed by the circuit court
11        clerk and the Department of State Police shall comply
12        with paragraph (1) of subsection (d) of this Section.
13            (J) Final Order. No court order issued under this
14        subsection (g) shall become final for purposes of
15        appeal until 30 days after service of the order on the
16        petitioner and all parties entitled to service of the
17        order in conformance with subsection (d)(8).
18            (K) Motion to Vacate, Modify, or Reconsider. Under
19        Section 2-1203 of the Code of Civil Procedure, the
20        petitioner, State's Attorney, or the Department of
21        State Police may file a motion to vacate, modify, or
22        reconsider the order denying the petition to
23        immediately expunge or seal within 60 days of service
24        of the order. If filed more than 60 days after service
25        of the order, a petition to vacate, modify, or
26        reconsider shall comply with subsection (c) of Section

 

 

HB0434 Engrossed- 40 -LRB102 04268 RLC 14286 b

1        2-1401 of the Code of Civil Procedure.
2            (L) Effect of Order. An order granting an
3        immediate expungement or sealing petition shall not be
4        considered void because it fails to comply with the
5        provisions of this Section or because of an error
6        asserted in a motion to vacate, modify, or reconsider.
7        The circuit court retains jurisdiction to determine
8        whether the order is voidable, and to vacate, modify,
9        or reconsider its terms based on a motion filed under
10        subparagraph (L) of this subsection (g).
11            (M) Compliance with Order Granting Petition to
12        Expunge or Seal Records. Unless a court has entered a
13        stay of an order granting a petition to immediately
14        expunge or seal, all parties entitled to service of
15        the order must fully comply with the terms of the order
16        within 60 days of service of the order.
17            (N) Effect of acquittals. Arrests or charges that
18        result in acquittals shall not be used as the basis for
19        penalty enhancements in subsequent criminal
20        prosecutions.
21    (h) Sealing; trafficking victims.
22        (1) A trafficking victim as defined by paragraph (10)
23    of subsection (a) of Section 10-9 of the Criminal Code of
24    2012 shall be eligible to petition for immediate sealing
25    of his or her criminal record upon the completion of his or
26    her last sentence if his or her participation in the

 

 

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1    underlying offense was a direct result of human
2    trafficking under Section 10-9 of the Criminal Code of
3    2012 or a severe form of trafficking under the federal
4    Trafficking Victims Protection Act.
5        (2) A petitioner under this subsection (h), in
6    addition to the requirements provided under paragraph (4)
7    of subsection (d) of this Section, shall include in his or
8    her petition a clear and concise statement that: (A) he or
9    she was a victim of human trafficking at the time of the
10    offense; and (B) that his or her participation in the
11    offense was a direct result of human trafficking under
12    Section 10-9 of the Criminal Code of 2012 or a severe form
13    of trafficking under the federal Trafficking Victims
14    Protection Act.
15        (3) If an objection is filed alleging that the
16    petitioner is not entitled to immediate sealing under this
17    subsection (h), the court shall conduct a hearing under
18    paragraph (7) of subsection (d) of this Section and the
19    court shall determine whether the petitioner is entitled
20    to immediate sealing under this subsection (h). A
21    petitioner is eligible for immediate relief under this
22    subsection (h) if he or she shows, by a preponderance of
23    the evidence, that: (A) he or she was a victim of human
24    trafficking at the time of the offense; and (B) that his or
25    her participation in the offense was a direct result of
26    human trafficking under Section 10-9 of the Criminal Code

 

 

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1    of 2012 or a severe form of trafficking under the federal
2    Trafficking Victims Protection Act.
3    (i) Minor Cannabis Offenses under the Cannabis Control
4Act.
5        (1) Expungement of Arrest Records of Minor Cannabis
6    Offenses.
7            (A) The Department of State Police and all law
8        enforcement agencies within the State shall
9        automatically expunge all criminal history records of
10        an arrest, charge not initiated by arrest, order of
11        supervision, or order of qualified probation for a
12        Minor Cannabis Offense committed prior to June 25,
13        2019 (the effective date of Public Act 101-27) if:
14                (i) One year or more has elapsed since the
15            date of the arrest or law enforcement interaction
16            documented in the records; and
17                (ii) No criminal charges were filed relating
18            to the arrest or law enforcement interaction or
19            criminal charges were filed and subsequently
20            dismissed or vacated or the arrestee was
21            acquitted.
22            (B) If the law enforcement agency is unable to
23        verify satisfaction of condition (ii) in paragraph
24        (A), records that satisfy condition (i) in paragraph
25        (A) shall be automatically expunged.
26            (C) Records shall be expunged by the law

 

 

HB0434 Engrossed- 43 -LRB102 04268 RLC 14286 b

1        enforcement agency under the following timelines:
2                (i) Records created prior to June 25, 2019
3            (the effective date of Public Act 101-27), but on
4            or after January 1, 2013, shall be automatically
5            expunged prior to January 1, 2021;
6                (ii) Records created prior to January 1, 2013,
7            but on or after January 1, 2000, shall be
8            automatically expunged prior to January 1, 2023;
9                (iii) Records created prior to January 1, 2000
10            shall be automatically expunged prior to January
11            1, 2025.
12            In response to an inquiry for expunged records,
13        the law enforcement agency receiving such inquiry
14        shall reply as it does in response to inquiries when no
15        records ever existed; however, it shall provide a
16        certificate of disposition or confirmation that the
17        record was expunged to the individual whose record was
18        expunged if such a record exists.
19            (D) Nothing in this Section shall be construed to
20        restrict or modify an individual's right to have that
21        individual's records expunged except as otherwise may
22        be provided in this Act, or diminish or abrogate any
23        rights or remedies otherwise available to the
24        individual.
25        (2) Pardons Authorizing Expungement of Minor Cannabis
26    Offenses.

 

 

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1            (A) Upon June 25, 2019 (the effective date of
2        Public Act 101-27), the Department of State Police
3        shall review all criminal history record information
4        and identify all records that meet all of the
5        following criteria:
6                (i) one or more convictions for a Minor
7            Cannabis Offense;
8                (ii) the conviction identified in paragraph
9            (2)(A)(i) did not include a penalty enhancement
10            under Section 7 of the Cannabis Control Act; and
11                (iii) the conviction identified in paragraph
12            (2)(A)(i) is not associated with a conviction for
13            a violent crime as defined in subsection (c) of
14            Section 3 of the Rights of Crime Victims and
15            Witnesses Act.
16            (B) Within 180 days after June 25, 2019 (the
17        effective date of Public Act 101-27), the Department
18        of State Police shall notify the Prisoner Review Board
19        of all such records that meet the criteria established
20        in paragraph (2)(A).
21                (i) The Prisoner Review Board shall notify the
22            State's Attorney of the county of conviction of
23            each record identified by State Police in
24            paragraph (2)(A) that is classified as a Class 4
25            felony. The State's Attorney may provide a written
26            objection to the Prisoner Review Board on the sole

 

 

HB0434 Engrossed- 45 -LRB102 04268 RLC 14286 b

1            basis that the record identified does not meet the
2            criteria established in paragraph (2)(A). Such an
3            objection must be filed within 60 days or by such
4            later date set by the Prisoner Review Board in the
5            notice after the State's Attorney received notice
6            from the Prisoner Review Board.
7                (ii) In response to a written objection from a
8            State's Attorney, the Prisoner Review Board is
9            authorized to conduct a non-public hearing to
10            evaluate the information provided in the
11            objection.
12                (iii) The Prisoner Review Board shall make a
13            confidential and privileged recommendation to the
14            Governor as to whether to grant a pardon
15            authorizing expungement for each of the records
16            identified by the Department of State Police as
17            described in paragraph (2)(A).
18            (C) If an individual has been granted a pardon
19        authorizing expungement as described in this Section,
20        the Prisoner Review Board, through the Attorney
21        General, shall file a petition for expungement with
22        the Chief Judge of the circuit or any judge of the
23        circuit designated by the Chief Judge where the
24        individual had been convicted. Such petition may
25        include more than one individual. Whenever an
26        individual who has been convicted of an offense is

 

 

HB0434 Engrossed- 46 -LRB102 04268 RLC 14286 b

1        granted a pardon by the Governor that specifically
2        authorizes expungement, an objection to the petition
3        may not be filed. Petitions to expunge under this
4        subsection (i) may include more than one individual.
5        Within 90 days of the filing of such a petition, the
6        court shall enter an order expunging the records of
7        arrest from the official records of the arresting
8        authority and order that the records of the circuit
9        court clerk and the Department of State Police be
10        expunged and the name of the defendant obliterated
11        from the official index requested to be kept by the
12        circuit court clerk under Section 16 of the Clerks of
13        Courts Act in connection with the arrest and
14        conviction for the offense for which the individual
15        had received a pardon but the order shall not affect
16        any index issued by the circuit court clerk before the
17        entry of the order. Upon entry of the order of
18        expungement, the circuit court clerk shall promptly
19        provide a copy of the order and a certificate of
20        disposition to the individual who was pardoned to the
21        individual's last known address or by electronic means
22        (if available) or otherwise make it available to the
23        individual upon request.
24            (D) Nothing in this Section is intended to
25        diminish or abrogate any rights or remedies otherwise
26        available to the individual.

 

 

HB0434 Engrossed- 47 -LRB102 04268 RLC 14286 b

1        (3) Any individual may file a motion to vacate and
2    expunge a conviction for a misdemeanor or Class 4 felony
3    violation of Section 4 or Section 5 of the Cannabis
4    Control Act. Motions to vacate and expunge under this
5    subsection (i) may be filed with the circuit court, Chief
6    Judge of a judicial circuit or any judge of the circuit
7    designated by the Chief Judge. The circuit court clerk
8    shall promptly serve a copy of the motion to vacate and
9    expunge, and any supporting documentation, on the State's
10    Attorney or prosecutor charged with the duty of
11    prosecuting the offense. When considering such a motion to
12    vacate and expunge, a court shall consider the following:
13    the reasons to retain the records provided by law
14    enforcement, the petitioner's age, the petitioner's age at
15    the time of offense, the time since the conviction, and
16    the specific adverse consequences if denied. An individual
17    may file such a petition after the completion of any
18    non-financial sentence or non-financial condition imposed
19    by the conviction. Within 60 days of the filing of such
20    motion, a State's Attorney may file an objection to such a
21    petition along with supporting evidence. If a motion to
22    vacate and expunge is granted, the records shall be
23    expunged in accordance with subparagraphs (d)(8) and
24    (d)(9)(A) of this Section. An agency providing civil legal
25    aid, as defined by Section 15 of the Public Interest
26    Attorney Assistance Act, assisting individuals seeking to

 

 

HB0434 Engrossed- 48 -LRB102 04268 RLC 14286 b

1    file a motion to vacate and expunge under this subsection
2    may file motions to vacate and expunge with the Chief
3    Judge of a judicial circuit or any judge of the circuit
4    designated by the Chief Judge, and the motion may include
5    more than one individual. Motions filed by an agency
6    providing civil legal aid concerning more than one
7    individual may be prepared, presented, and signed
8    electronically.
9        (4) Any State's Attorney may file a motion to vacate
10    and expunge a conviction for a misdemeanor or Class 4
11    felony violation of Section 4 or Section 5 of the Cannabis
12    Control Act. Motions to vacate and expunge under this
13    subsection (i) may be filed with the circuit court, Chief
14    Judge of a judicial circuit or any judge of the circuit
15    designated by the Chief Judge, and may include more than
16    one individual. Motions filed by a State's Attorney
17    concerning more than one individual may be prepared,
18    presented, and signed electronically. When considering
19    such a motion to vacate and expunge, a court shall
20    consider the following: the reasons to retain the records
21    provided by law enforcement, the individual's age, the
22    individual's age at the time of offense, the time since
23    the conviction, and the specific adverse consequences if
24    denied. Upon entry of an order granting a motion to vacate
25    and expunge records pursuant to this Section, the State's
26    Attorney shall notify the Prisoner Review Board within 30

 

 

HB0434 Engrossed- 49 -LRB102 04268 RLC 14286 b

1    days. Upon entry of the order of expungement, the circuit
2    court clerk shall promptly provide a copy of the order and
3    a certificate of disposition to the individual whose
4    records will be expunged to the individual's last known
5    address or by electronic means (if available) or otherwise
6    make available to the individual upon request. If a motion
7    to vacate and expunge is granted, the records shall be
8    expunged in accordance with subparagraphs (d)(8) and
9    (d)(9)(A) of this Section.
10        (5) In the public interest, the State's Attorney of a
11    county has standing to file motions to vacate and expunge
12    pursuant to this Section in the circuit court with
13    jurisdiction over the underlying conviction.
14        (6) If a person is arrested for a Minor Cannabis
15    Offense as defined in this Section before June 25, 2019
16    (the effective date of Public Act 101-27) and the person's
17    case is still pending but a sentence has not been imposed,
18    the person may petition the court in which the charges are
19    pending for an order to summarily dismiss those charges
20    against him or her, and expunge all official records of
21    his or her arrest, plea, trial, conviction, incarceration,
22    supervision, or expungement. If the court determines, upon
23    review, that: (A) the person was arrested before June 25,
24    2019 (the effective date of Public Act 101-27) for an
25    offense that has been made eligible for expungement; (B)
26    the case is pending at the time; and (C) the person has not

 

 

HB0434 Engrossed- 50 -LRB102 04268 RLC 14286 b

1    been sentenced of the minor cannabis violation eligible
2    for expungement under this subsection, the court shall
3    consider the following: the reasons to retain the records
4    provided by law enforcement, the petitioner's age, the
5    petitioner's age at the time of offense, the time since
6    the conviction, and the specific adverse consequences if
7    denied. If a motion to dismiss and expunge is granted, the
8    records shall be expunged in accordance with subparagraph
9    (d)(9)(A) of this Section.
10        (7) A person imprisoned solely as a result of one or
11    more convictions for Minor Cannabis Offenses under this
12    subsection (i) shall be released from incarceration upon
13    the issuance of an order under this subsection.
14        (8) The Department of State Police shall allow a
15    person to use the access and review process, established
16    in the Department of State Police, for verifying that his
17    or her records relating to Minor Cannabis Offenses of the
18    Cannabis Control Act eligible under this Section have been
19    expunged.
20        (9) No conviction vacated pursuant to this Section
21    shall serve as the basis for damages for time unjustly
22    served as provided in the Court of Claims Act.
23        (10) Effect of Expungement. A person's right to
24    expunge an expungeable offense shall not be limited under
25    this Section. The effect of an order of expungement shall
26    be to restore the person to the status he or she occupied

 

 

HB0434 Engrossed- 51 -LRB102 04268 RLC 14286 b

1    before the arrest, charge, or conviction.
2        (11) Information. The Department of State Police shall
3    post general information on its website about the
4    expungement process described in this subsection (i).
5(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
6100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
78-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
8eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
9101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1012-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)