Illinois General Assembly - Full Text of HB3934
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Full Text of HB3934  102nd General Assembly

HB3934eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3934 EngrossedLRB102 17064 RLC 22492 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 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
15        by a legally constituted jury or by a court of
16        competent jurisdiction authorized to try the case
17        without a jury. An order of supervision successfully
18        completed by the petitioner is not a conviction. An
19        order of qualified probation (as defined in subsection
20        (a)(1)(J)) successfully completed by the petitioner is
21        not a conviction. An order of supervision or an order
22        of 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.

 

 

HB3934 Engrossed- 3 -LRB102 17064 RLC 22492 b

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

 

 

HB3934 Engrossed- 4 -LRB102 17064 RLC 22492 b

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

 

 

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1        Act, Section 410 of the Illinois Controlled Substances
2        Act, Section 70 of the Methamphetamine Control and
3        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
4        of the Unified Code of Corrections, Section
5        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
6        those provisions existed before their deletion by
7        Public Act 89-313), Section 10-102 of the Illinois
8        Alcoholism and Other Drug Dependency Act, Section
9        40-10 of the Substance Use Disorder Act, or Section 10
10        of the Steroid Control Act. For the purpose of this
11        Section, "successful completion" of an order of
12        qualified probation under Section 10-102 of the
13        Illinois Alcoholism and Other Drug Dependency Act and
14        Section 40-10 of the Substance Use Disorder Act means
15        that the probation was terminated satisfactorily and
16        the judgment of conviction was vacated.
17            (K) "Seal" means to physically and electronically
18        maintain the records, unless the records would
19        otherwise be destroyed due to age, but to make the
20        records unavailable without a court order, subject to
21        the exceptions in Sections 12 and 13 of this Act. The
22        petitioner's name shall also be obliterated from the
23        official index required to be kept by the circuit
24        court clerk under Section 16 of the Clerks of Courts
25        Act, but any index issued by the circuit court clerk
26        before the entry of the order to seal shall not be

 

 

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

 

 

HB3934 Engrossed- 7 -LRB102 17064 RLC 22492 b

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

 

 

HB3934 Engrossed- 8 -LRB102 17064 RLC 22492 b

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

 

 

HB3934 Engrossed- 9 -LRB102 17064 RLC 22492 b

1                (iii) Sections 12-3.1 or 12-3.2 of the
2            Criminal Code of 1961 or the Criminal Code of
3            2012, or Section 125 of the Stalking No Contact
4            Order Act, or Section 219 of the Civil No Contact
5            Order Act, or a similar provision of a local
6            ordinance;
7                (iv) Class A misdemeanors or felony offenses
8            under the Humane Care for Animals Act; or
9                (v) any offense or attempted offense that
10            would subject a person to registration under the
11            Sex Offender Registration Act.
12            (D) (blank).
13            (E) the sealing or expungement of records of
14        arrests or charges not initiated by arrest that result
15        in an order of supervision for or conviction of
16        Section 11-501 of the Illinois Vehicle Code or a
17        similar provision of a local ordinance; except that
18        the court may order the sealing of one misdemeanor
19        record of arrest or charge not initiated by arrest
20        that results in an order of supervision for or
21        conviction of Section 11-501 of the Illinois Vehicle
22        Code or a similar provision of a local ordinance per
23        petitioner if each of the following conditions have
24        been met: (i) the petitioner has not previously been
25        convicted of or placed on supervision for a violation
26        of Section 11-501 of the Illinois Vehicle Code or a

 

 

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1        similar provision of a local ordinance; (ii) 10 or
2        more years have passed since the termination of the
3        petitioner's sentence; (iii) during the commission of
4        the violation, the petitioner did not proximately
5        cause death or personal injury to any other person or
6        damage the property of any other person; (iv) the
7        petitioner has no other misdemeanor or felony driving
8        charge on his or her driving abstract; and (v) the
9        judge examined the driving abstract of the petitioner
10        petitioning to have his or her record sealed under
11        this subparagraph (E) and made a finding entered on
12        the record that the petitioner did not enter into a
13        plea agreement on a lesser charge other than a
14        violation of Section 11-501 of the Illinois Vehicle
15        Code or a similar provision of a local ordinance, and
16        the facts did not support that the petitioner had
17        previously committed a violation of Section 11-501 of
18        the Illinois Vehicle Code or a similar provision of a
19        local ordinance. A felony conviction of Section 11-501
20        of the Illinois Vehicle Code or a similar provision of
21        a local ordinance may not be sealed or expunged under
22        this subparagraph (E). Notwithstanding any provision
23        of this Act to the contrary, the Secretary of State
24        shall maintain orders of court supervision and
25        convictions of Section 11-501 of the Illinois Vehicle
26        Code or a similar provision of a local ordinance on

 

 

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1        court purposes driving abstracts.
2    (b) Expungement.
3        (1) A petitioner may petition the circuit court to
4    expunge the records of his or her arrests and charges not
5    initiated by arrest when each arrest or charge not
6    initiated by arrest sought to be expunged resulted in: (i)
7    acquittal, dismissal, or the petitioner's release without
8    charging, unless excluded by subsection (a)(3)(B); (ii) a
9    conviction which was vacated or reversed, unless excluded
10    by subsection (a)(3)(B); (iii) an order of supervision and
11    such supervision was successfully completed by the
12    petitioner, unless excluded by subsection (a)(3)(A) or
13    (a)(3)(B); or (iv) an order of qualified probation (as
14    defined in subsection (a)(1)(J)) and such probation was
15    successfully completed by the petitioner.
16        (1.5) When a petitioner seeks to have a record of
17    arrest expunged under this Section, and the offender has
18    been convicted of a criminal offense, the State's Attorney
19    may object to the expungement on the grounds that the
20    records contain specific relevant information aside from
21    the mere fact of the arrest.
22        (2) Time frame for filing a petition to expunge.
23            (A) When the arrest or charge not initiated by
24        arrest sought to be expunged resulted in an acquittal,
25        dismissal, the petitioner's release without charging,
26        or the reversal or vacation of a conviction, there is

 

 

HB3934 Engrossed- 12 -LRB102 17064 RLC 22492 b

1        no waiting period to petition for the expungement of
2        such records.
3            (B) When the arrest or charge not initiated by
4        arrest sought to be expunged resulted in an order of
5        supervision, successfully completed by the petitioner,
6        the following time frames will apply:
7                (i) Those arrests or charges that resulted in
8            orders of supervision under Section 3-707, 3-708,
9            3-710, or 5-401.3 of the Illinois Vehicle Code or
10            a similar provision of a local ordinance, or under
11            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
12            Code of 1961 or the Criminal Code of 2012, or a
13            similar provision of a local ordinance, shall not
14            be eligible for expungement until 5 years have
15            passed following the satisfactory termination of
16            the supervision.
17                (i-5) Those arrests or charges that resulted
18            in orders of supervision for a misdemeanor
19            violation of subsection (a) of Section 11-503 of
20            the Illinois Vehicle Code or a similar provision
21            of a local ordinance, that occurred prior to the
22            offender reaching the age of 25 years and the
23            offender has no other conviction for violating
24            Section 11-501 or 11-503 of the Illinois Vehicle
25            Code or a similar provision of a local ordinance
26            shall not be eligible for expungement until the

 

 

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1            petitioner has reached the age of 25 years.
2                (ii) Those arrests or charges that resulted in
3            orders of supervision for any other offenses shall
4            not be eligible for expungement until 2 years have
5            passed following the satisfactory termination of
6            the supervision.
7            (C) When the arrest or charge not initiated by
8        arrest sought to be expunged resulted in an order of
9        qualified probation, successfully completed by the
10        petitioner, such records shall not be eligible for
11        expungement until 5 years have passed following the
12        satisfactory termination of the probation.
13        (3) Those records maintained by the Department for
14    persons arrested prior to their 17th birthday shall be
15    expunged as provided in Section 5-915 of the Juvenile
16    Court Act of 1987.
17        (4) Whenever a person has been arrested for or
18    convicted of any offense, in the name of a person whose
19    identity he or she has stolen or otherwise come into
20    possession of, the aggrieved person from whom the identity
21    was stolen or otherwise obtained without authorization,
22    upon learning of the person having been arrested using his
23    or her identity, may, upon verified petition to the chief
24    judge of the circuit wherein the arrest was made, have a
25    court order entered nunc pro tunc by the Chief Judge to
26    correct the arrest record, conviction record, if any, and

 

 

HB3934 Engrossed- 14 -LRB102 17064 RLC 22492 b

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

 

 

HB3934 Engrossed- 15 -LRB102 17064 RLC 22492 b

1    seal the records of the circuit court clerk in connection
2    with the proceedings of the trial court concerning that
3    offense. However, the records of the arresting authority
4    and the Department of State Police concerning the offense
5    shall not be sealed. The court, upon good cause shown,
6    shall make the records of the circuit court clerk in
7    connection with the proceedings of the trial court
8    concerning the offense available for public inspection.
9        (6) If a conviction has been set aside on direct
10    review or on collateral attack and the court determines by
11    clear and convincing evidence that the petitioner was
12    factually innocent of the charge, the court that finds the
13    petitioner factually innocent of the charge shall enter an
14    expungement order for the conviction for which the
15    petitioner has been determined to be innocent as provided
16    in subsection (b) of Section 5-5-4 of the Unified Code of
17    Corrections.
18        (7) Nothing in this Section shall prevent the
19    Department of State Police from maintaining all records of
20    any person who is admitted to probation upon terms and
21    conditions and who fulfills those terms and conditions
22    pursuant to Section 10 of the Cannabis Control Act,
23    Section 410 of the Illinois Controlled Substances Act,
24    Section 70 of the Methamphetamine Control and Community
25    Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
26    Code of Corrections, Section 12-4.3 or subdivision (b)(1)

 

 

HB3934 Engrossed- 16 -LRB102 17064 RLC 22492 b

1    of Section 12-3.05 of the Criminal Code of 1961 or the
2    Criminal Code of 2012, Section 10-102 of the Illinois
3    Alcoholism and Other Drug Dependency Act, Section 40-10 of
4    the Substance Use Disorder Act, or Section 10 of the
5    Steroid Control Act.
6        (8) If the petitioner has been granted a certificate
7    of innocence under Section 2-702 of the Code of Civil
8    Procedure, the court that grants the certificate of
9    innocence shall also enter an order expunging the
10    conviction for which the petitioner has been determined to
11    be innocent as provided in subsection (h) of Section 2-702
12    of the Code of Civil Procedure.
13    (c) Sealing.
14        (1) Applicability. Notwithstanding any other provision
15    of this Act to the contrary, and cumulative with any
16    rights to expungement of criminal records, this subsection
17    authorizes the sealing of criminal records of adults and
18    of minors prosecuted as adults. Subsection (g) of this
19    Section provides for immediate sealing of certain records.
20        (2) Eligible Records. The following records may be
21    sealed:
22            (A) All arrests resulting in release without
23        charging;
24            (B) Arrests or charges not initiated by arrest
25        resulting in acquittal, dismissal, or conviction when
26        the conviction was reversed or vacated, except as

 

 

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1        excluded by subsection (a)(3)(B);
2            (C) Arrests or charges not initiated by arrest
3        resulting in orders of supervision, including orders
4        of supervision for municipal ordinance violations,
5        successfully completed by the petitioner, unless
6        excluded by subsection (a)(3);
7            (D) Arrests or charges not initiated by arrest
8        resulting in convictions, including convictions on
9        municipal ordinance violations, unless excluded by
10        subsection (a)(3);
11            (E) Arrests or charges not initiated by arrest
12        resulting in orders of first offender probation under
13        Section 10 of the Cannabis Control Act, Section 410 of
14        the Illinois Controlled Substances Act, Section 70 of
15        the Methamphetamine Control and Community Protection
16        Act, or Section 5-6-3.3 of the Unified Code of
17        Corrections; and
18            (F) Arrests or charges not initiated by arrest
19        resulting in felony convictions unless otherwise
20        excluded by subsection (a) paragraph (3) of this
21        Section.
22        (3) When Records Are Eligible to Be Sealed. Records
23    identified as eligible under subsection (c)(2) may be
24    sealed as follows:
25            (A) Records identified as eligible under
26        subsection (c)(2)(A) and (c)(2)(B) may be sealed at

 

 

HB3934 Engrossed- 18 -LRB102 17064 RLC 22492 b

1        any time.
2            (B) Except as otherwise provided in subparagraph
3        (E) of this paragraph (3), records identified as
4        eligible under subsection (c)(2)(C) may be sealed 2
5        years after the termination of petitioner's last
6        sentence (as defined in subsection (a)(1)(F)).
7            (C) Except as otherwise provided in subparagraph
8        (E) of this paragraph (3), records identified as
9        eligible under subsections (c)(2)(D), (c)(2)(E), and
10        (c)(2)(F) may be sealed 3 years after the termination
11        of the petitioner's last sentence (as defined in
12        subsection (a)(1)(F)). Convictions requiring public
13        registration under the Arsonist Registration Act, the
14        Sex Offender Registration Act, or the Murderer and
15        Violent Offender Against Youth Registration Act may
16        not be sealed until the petitioner is no longer
17        required to register under that relevant Act.
18            (D) Records identified in subsection
19        (a)(3)(A)(iii) may be sealed after the petitioner has
20        reached the age of 25 years.
21            (E) Records identified as eligible under
22        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
23        (c)(2)(F) may be sealed upon termination of the
24        petitioner's last sentence if the petitioner earned a
25        high school diploma, associate's degree, career
26        certificate, vocational technical certification, or

 

 

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1        bachelor's degree, or passed the high school level
2        Test of General Educational Development, during the
3        period of his or her sentence or mandatory supervised
4        release. This subparagraph shall apply only to a
5        petitioner who has not completed the same educational
6        goal prior to the period of his or her sentence or
7        mandatory supervised release. If a petition for
8        sealing eligible records filed under this subparagraph
9        is denied by the court, the time periods under
10        subparagraph (B) or (C) shall apply to any subsequent
11        petition for sealing filed by the petitioner.
12        (4) Subsequent felony convictions. A person may not
13    have subsequent felony conviction records sealed as
14    provided in this subsection (c) if he or she is convicted
15    of any felony offense after the date of the sealing of
16    prior felony convictions as provided in this subsection
17    (c). The court may, upon conviction for a subsequent
18    felony offense, order the unsealing of prior felony
19    conviction records previously ordered sealed by the court.
20        (5) Notice of eligibility for sealing. Upon entry of a
21    disposition for an eligible record under this subsection
22    (c), the petitioner shall be informed by the court of the
23    right to have the records sealed and the procedures for
24    the sealing of the records.
25    (d) Procedure. The following procedures apply to
26expungement under subsections (b), (e), and (e-6) and sealing

 

 

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1under subsections (c) and (e-5):
2        (1) Filing the petition. Upon becoming eligible to
3    petition for the expungement or sealing of records under
4    this Section, the petitioner shall file a petition
5    requesting the expungement or sealing of records with the
6    clerk of the court where the arrests occurred or the
7    charges were brought, or both. If arrests occurred or
8    charges were brought in multiple jurisdictions, a petition
9    must be filed in each such jurisdiction. The petitioner
10    shall pay the applicable fee, except no fee shall be
11    required if the petitioner has obtained a court order
12    waiving fees under Supreme Court Rule 298 or it is
13    otherwise waived.
14        (1.5) County fee waiver pilot program. From August 9,
15    2019 (the effective date of Public Act 101-306) through
16    December 31, 2020, in a county of 3,000,000 or more
17    inhabitants, no fee shall be required to be paid by a
18    petitioner if the records sought to be expunged or sealed
19    were arrests resulting in release without charging or
20    arrests or charges not initiated by arrest resulting in
21    acquittal, dismissal, or conviction when the conviction
22    was reversed or vacated, unless excluded by subsection
23    (a)(3)(B). The provisions of this paragraph (1.5), other
24    than this sentence, are inoperative on and after January
25    1, 2022.
26        (2) Contents of petition. The petition shall be

 

 

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1    verified and shall contain the petitioner's name, date of
2    birth, current address and, for each arrest or charge not
3    initiated by arrest sought to be sealed or expunged, the
4    case number, the date of arrest (if any), the identity of
5    the arresting authority, and such other information as the
6    court may require. During the pendency of the proceeding,
7    the petitioner shall promptly notify the circuit court
8    clerk of any change of his or her address. If the
9    petitioner has received a certificate of eligibility for
10    sealing from the Prisoner Review Board under paragraph
11    (10) of subsection (a) of Section 3-3-2 of the Unified
12    Code of Corrections, the certificate shall be attached to
13    the petition.
14        (3) Drug test. The petitioner must attach to the
15    petition proof that the petitioner has passed a test taken
16    within 30 days before the filing of the petition showing
17    the absence within his or her body of all illegal
18    substances as defined by the Illinois Controlled
19    Substances Act, the Methamphetamine Control and Community
20    Protection Act, and the Cannabis Control Act if he or she
21    is petitioning to:
22            (A) seal felony records under clause (c)(2)(E);
23            (B) seal felony records for a violation of the
24        Illinois Controlled Substances Act, the
25        Methamphetamine Control and Community Protection Act,
26        or the Cannabis Control Act under clause (c)(2)(F);

 

 

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1            (C) seal felony records under subsection (e-5); or
2            (D) expunge felony records of a qualified
3        probation under clause (b)(1)(iv).
4        (4) Service of petition. The circuit court clerk shall
5    promptly serve a copy of the petition and documentation to
6    support the petition under subsection (e-5) or (e-6) on
7    the State's Attorney or prosecutor charged with the duty
8    of prosecuting the offense, the Department of State
9    Police, the arresting agency and the chief legal officer
10    of the unit of local government effecting the arrest.
11        (5) Objections.
12            (A) Any party entitled to notice of the petition
13        may file an objection to the petition. All objections
14        shall be in writing, shall be filed with the circuit
15        court clerk, and shall state with specificity the
16        basis of the objection. Whenever a person who has been
17        convicted of an offense is granted a pardon by the
18        Governor which specifically authorizes expungement, an
19        objection to the petition may not be filed.
20            (B) Objections to a petition to expunge or seal
21        must be filed within 60 days of the date of service of
22        the petition.
23        (6) Entry of order.
24            (A) The Chief Judge of the circuit wherein the
25        charge was brought, any judge of that circuit
26        designated by the Chief Judge, or in counties of less

 

 

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1        than 3,000,000 inhabitants, the presiding trial judge
2        at the petitioner's trial, if any, shall rule on the
3        petition to expunge or seal as set forth in this
4        subsection (d)(6).
5            (B) Unless the State's Attorney or prosecutor, the
6        Department of State Police, the arresting agency, or
7        the chief legal officer files an objection to the
8        petition to expunge or seal within 60 days from the
9        date of service of the petition, the court shall enter
10        an order granting or denying the petition.
11            (C) Notwithstanding any other provision of law,
12        the court shall not deny a petition for sealing under
13        this Section because the petitioner has not satisfied
14        an outstanding legal financial obligation established,
15        imposed, or originated by a court, law enforcement
16        agency, or a municipal, State, county, or other unit
17        of local government, including, but not limited to,
18        any cost, assessment, fine, or fee. An outstanding
19        legal financial obligation does not include any court
20        ordered restitution to a victim under Section 5-5-6 of
21        the Unified Code of Corrections, unless the
22        restitution has been converted to a civil judgment.
23        Nothing in this subparagraph (C) waives, rescinds, or
24        abrogates a legal financial obligation or otherwise
25        eliminates or affects the right of the holder of any
26        financial obligation to pursue collection under

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        pending.
2            (E) Upon motion, the court may order that a sealed
3        judgment or other court record necessary to
4        demonstrate the amount of any legal financial
5        obligation due and owing be made available for the
6        limited purpose of collecting any legal financial
7        obligations owed by the petitioner that were
8        established, imposed, or originated in the criminal
9        proceeding for which those records have been sealed.
10        The records made available under this subparagraph (E)
11        shall not be entered into the official index required
12        to be kept by the circuit court clerk under Section 16
13        of the Clerks of Courts Act and shall be immediately
14        re-impounded upon the collection of the outstanding
15        financial obligations.
16            (F) Notwithstanding any other provision of this
17        Section, a circuit court clerk may access a sealed
18        record for the limited purpose of collecting payment
19        for any legal financial obligations that were
20        established, imposed, or originated in the criminal
21        proceedings for which those records have been sealed.
22        (10) Fees. The Department may charge the petitioner a
23    fee equivalent to the cost of processing any order to
24    expunge or seal records. Notwithstanding any provision of
25    the Clerks of Courts Act to the contrary, the circuit
26    court clerk may charge a fee equivalent to the cost

 

 

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1    associated with the sealing or expungement of records by
2    the circuit court clerk. From the total filing fee
3    collected for the petition to seal or expunge, the circuit
4    court clerk shall deposit $10 into the Circuit Court Clerk
5    Operation and Administrative Fund, to be used to offset
6    the costs incurred by the circuit court clerk in
7    performing the additional duties required to serve the
8    petition to seal or expunge on all parties. The circuit
9    court clerk shall collect and forward the Department of
10    State Police portion of the fee to the Department and it
11    shall be deposited in the State Police Services Fund. If
12    the record brought under an expungement petition was
13    previously sealed under this Section, the fee for the
14    expungement petition for that same record shall be waived.
15        (11) Final Order. No court order issued under the
16    expungement or sealing provisions of this Section shall
17    become final for purposes of appeal until 30 days after
18    service of the order on the petitioner and all parties
19    entitled to notice of the petition.
20        (12) Motion to Vacate, Modify, or Reconsider. Under
21    Section 2-1203 of the Code of Civil Procedure, the
22    petitioner or any party entitled to notice may file a
23    motion to vacate, modify, or reconsider the order granting
24    or denying the petition to expunge or seal within 60 days
25    of service of the order. If filed more than 60 days after
26    service of the order, a petition to vacate, modify, or

 

 

HB3934 Engrossed- 32 -LRB102 17064 RLC 22492 b

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

 

 

HB3934 Engrossed- 33 -LRB102 17064 RLC 22492 b

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

 

 

HB3934 Engrossed- 34 -LRB102 17064 RLC 22492 b

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

 

 

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

 

 

HB3934 Engrossed- 36 -LRB102 17064 RLC 22492 b

1of the circuit court clerk and the Department be sealed until
2further order of the court upon good cause shown or as
3otherwise provided herein, and the name of the petitioner
4obliterated from the official index requested to be kept by
5the circuit court clerk under Section 16 of the Clerks of
6Courts Act in connection with the arrest and conviction for
7the offense for which he or she had been granted the
8certificate but the order shall not affect any index issued by
9the circuit court clerk before the entry of the order. All
10records sealed by the Department may be disseminated by the
11Department only as required by this Act or to the arresting
12authority, a law enforcement agency, the State's Attorney, and
13the court upon a later arrest for the same or similar offense
14or for the purpose of sentencing for any subsequent felony.
15Upon conviction for any subsequent offense, the Department of
16Corrections shall have access to all expunged records of the
17Department pertaining to that individual. Upon entry of the
18order of expungement, the circuit court clerk shall promptly
19mail a copy of the order to the person who was granted the
20certificate of eligibility for expungement.
21    (f) Subject to available funding, the Illinois Department
22of Corrections shall conduct a study of the impact of sealing,
23especially on employment and recidivism rates, utilizing a
24random sample of those who apply for the sealing of their
25criminal records under Public Act 93-211. At the request of
26the Illinois Department of Corrections, records of the

 

 

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1Illinois Department of Employment Security shall be utilized
2as appropriate to assist in the study. The study shall not
3disclose any data in a manner that would allow the
4identification of any particular individual or employing unit.
5The study shall be made available to the General Assembly no
6later than September 1, 2010.
7    (g) Immediate Sealing.
8        (1) Applicability. Notwithstanding any other provision
9    of this Act to the contrary, and cumulative with any
10    rights to expungement or sealing of criminal records, this
11    subsection authorizes the immediate sealing of criminal
12    records of adults and of minors prosecuted as adults.
13        (2) Eligible Records. Arrests or charges not initiated
14    by arrest resulting in acquittal or dismissal with
15    prejudice, except as excluded by subsection (a)(3)(B),
16    that occur on or after January 1, 2018 (the effective date
17    of Public Act 100-282), may be sealed immediately if the
18    petition is filed with the circuit court clerk on the same
19    day and during the same hearing in which the case is
20    disposed.
21        (3) When Records are Eligible to be Immediately
22    Sealed. Eligible records under paragraph (2) of this
23    subsection (g) may be sealed immediately after entry of
24    the final disposition of a case, notwithstanding the
25    disposition of other charges in the same case.
26        (4) Notice of Eligibility for Immediate Sealing. Upon

 

 

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1    entry of a disposition for an eligible record under this
2    subsection (g), the defendant shall be informed by the
3    court of his or her right to have eligible records
4    immediately sealed and the procedure for the immediate
5    sealing of these records.
6        (5) Procedure. The following procedures apply to
7    immediate sealing under this subsection (g).
8            (A) Filing the Petition. Upon entry of the final
9        disposition of the case, the defendant's attorney may
10        immediately petition the court, on behalf of the
11        defendant, for immediate sealing of eligible records
12        under paragraph (2) of this subsection (g) that are
13        entered on or after January 1, 2018 (the effective
14        date of Public Act 100-282). The immediate sealing
15        petition may be filed with the circuit court clerk
16        during the hearing in which the final disposition of
17        the case is entered. If the defendant's attorney does
18        not file the petition for immediate sealing during the
19        hearing, the defendant may file a petition for sealing
20        at any time as authorized under subsection (c)(3)(A).
21            (B) Contents of Petition. The immediate sealing
22        petition shall be verified and shall contain the
23        petitioner's name, date of birth, current address, and
24        for each eligible record, the case number, the date of
25        arrest if applicable, the identity of the arresting
26        authority if applicable, and other information as the

 

 

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1        court may require.
2            (C) Drug Test. The petitioner shall not be
3        required to attach proof that he or she has passed a
4        drug test.
5            (D) Service of Petition. A copy of the petition
6        shall be served on the State's Attorney in open court.
7        The petitioner shall not be required to serve a copy of
8        the petition on any other agency.
9            (E) Entry of Order. The presiding trial judge
10        shall enter an order granting or denying the petition
11        for immediate sealing during the hearing in which it
12        is filed. Petitions for immediate sealing shall be
13        ruled on in the same hearing in which the final
14        disposition of the case is entered.
15            (F) Hearings. The court shall hear the petition
16        for immediate sealing on the same day and during the
17        same hearing in which the disposition is rendered.
18            (G) Service of Order. An order to immediately seal
19        eligible records shall be served in conformance with
20        subsection (d)(8).
21            (H) Implementation of Order. An order to
22        immediately seal records shall be implemented in
23        conformance with subsections (d)(9)(C) and (d)(9)(D).
24            (I) Fees. The fee imposed by the circuit court
25        clerk and the Department of State Police shall comply
26        with paragraph (1) of subsection (d) of this Section.

 

 

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1            (J) Final Order. No court order issued under this
2        subsection (g) shall become final for purposes of
3        appeal until 30 days after service of the order on the
4        petitioner and all parties entitled to service of the
5        order in conformance with subsection (d)(8).
6            (K) Motion to Vacate, Modify, or Reconsider. Under
7        Section 2-1203 of the Code of Civil Procedure, the
8        petitioner, State's Attorney, or the Department of
9        State Police may file a motion to vacate, modify, or
10        reconsider the order denying the petition to
11        immediately seal within 60 days of service of the
12        order. If filed more than 60 days after service of the
13        order, a petition to vacate, modify, or reconsider
14        shall comply with subsection (c) of Section 2-1401 of
15        the Code of Civil Procedure.
16            (L) Effect of Order. An order granting an
17        immediate sealing petition shall not be considered
18        void because it fails to comply with the provisions of
19        this Section or because of an error asserted in a
20        motion to vacate, modify, or reconsider. The circuit
21        court retains jurisdiction to determine whether the
22        order is voidable, and to vacate, modify, or
23        reconsider its terms based on a motion filed under
24        subparagraph (L) of this subsection (g).
25            (M) Compliance with Order Granting Petition to
26        Seal Records. Unless a court has entered a stay of an

 

 

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1        order granting a petition to immediately seal, all
2        parties entitled to service of the order must fully
3        comply with the terms of the order within 60 days of
4        service of the order.
5    (h) Sealing; trafficking victims.
6        (1) A trafficking victim as defined by paragraph (10)
7    of subsection (a) of Section 10-9 of the Criminal Code of
8    2012 shall be eligible to petition for immediate sealing
9    of his or her criminal record upon the completion of his or
10    her last sentence if his or her participation in the
11    underlying offense was a direct result of human
12    trafficking under Section 10-9 of the Criminal Code of
13    2012 or a severe form of trafficking under the federal
14    Trafficking Victims Protection Act.
15        (2) A petitioner under this subsection (h), in
16    addition to the requirements provided under paragraph (4)
17    of subsection (d) of this Section, shall include in his or
18    her petition a clear and concise statement that: (A) he or
19    she was a victim of human trafficking at the time of the
20    offense; and (B) that his or her participation in the
21    offense was a direct result of human trafficking under
22    Section 10-9 of the Criminal Code of 2012 or a severe form
23    of trafficking under the federal Trafficking Victims
24    Protection Act.
25        (3) If an objection is filed alleging that the
26    petitioner is not entitled to immediate sealing under this

 

 

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1    subsection (h), the court shall conduct a hearing under
2    paragraph (7) of subsection (d) of this Section and the
3    court shall determine whether the petitioner is entitled
4    to immediate sealing under this subsection (h). A
5    petitioner is eligible for immediate relief under this
6    subsection (h) if he or she shows, by a preponderance of
7    the evidence, that: (A) he or she was a victim of human
8    trafficking at the time of the offense; and (B) that his or
9    her participation in the offense was a direct result of
10    human trafficking under Section 10-9 of the Criminal Code
11    of 2012 or a severe form of trafficking under the federal
12    Trafficking Victims Protection Act.
13    (i) Minor Cannabis Offenses under the Cannabis Control
14Act.
15        (1) Expungement of Arrest Records of Minor Cannabis
16    Offenses.
17            (A) The Department of State Police and all law
18        enforcement agencies within the State shall
19        automatically expunge all criminal history records of
20        an arrest, charge not initiated by arrest, order of
21        supervision, or order of qualified probation for a
22        Minor Cannabis Offense committed prior to June 25,
23        2019 (the effective date of Public Act 101-27) if:
24                (i) One year or more has elapsed since the
25            date of the arrest or law enforcement interaction
26            documented in the records; and

 

 

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1                (ii) No criminal charges were filed relating
2            to the arrest or law enforcement interaction or
3            criminal charges were filed and subsequently
4            dismissed or vacated or the arrestee was
5            acquitted.
6            (B) If the law enforcement agency is unable to
7        verify satisfaction of condition (ii) in paragraph
8        (A), records that satisfy condition (i) in paragraph
9        (A) shall be automatically expunged.
10            (C) Records shall be expunged by the law
11        enforcement agency under the following timelines:
12                (i) Records created prior to June 25, 2019
13            (the effective date of Public Act 101-27), but on
14            or after January 1, 2013, shall be automatically
15            expunged prior to January 1, 2021;
16                (ii) Records created prior to January 1, 2013,
17            but on or after January 1, 2000, shall be
18            automatically expunged prior to January 1, 2023;
19                (iii) Records created prior to January 1, 2000
20            shall be automatically expunged prior to January
21            1, 2025.
22            In response to an inquiry for expunged records,
23        the law enforcement agency receiving such inquiry
24        shall reply as it does in response to inquiries when no
25        records ever existed; however, it shall provide a
26        certificate of disposition or confirmation that the

 

 

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1        record was expunged to the individual whose record was
2        expunged if such a record exists.
3            (D) Nothing in this Section shall be construed to
4        restrict or modify an individual's right to have that
5        individual's records expunged except as otherwise may
6        be provided in this Act, or diminish or abrogate any
7        rights or remedies otherwise available to the
8        individual.
9        (2) Pardons Authorizing Expungement of Minor Cannabis
10    Offenses.
11            (A) Upon June 25, 2019 (the effective date of
12        Public Act 101-27), the Department of State Police
13        shall review all criminal history record information
14        and identify all records that meet all of the
15        following criteria:
16                (i) one or more convictions for a Minor
17            Cannabis Offense;
18                (ii) the conviction identified in paragraph
19            (2)(A)(i) did not include a penalty enhancement
20            under Section 7 of the Cannabis Control Act; and
21                (iii) the conviction identified in paragraph
22            (2)(A)(i) is not associated with a conviction for
23            a violent crime as defined in subsection (c) of
24            Section 3 of the Rights of Crime Victims and
25            Witnesses Act.
26            (B) Within 180 days after June 25, 2019 (the

 

 

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1        effective date of Public Act 101-27), the Department
2        of State Police shall notify the Prisoner Review Board
3        of all such records that meet the criteria established
4        in paragraph (2)(A).
5                (i) The Prisoner Review Board shall notify the
6            State's Attorney of the county of conviction of
7            each record identified by State Police in
8            paragraph (2)(A) that is classified as a Class 4
9            felony. The State's Attorney may provide a written
10            objection to the Prisoner Review Board on the sole
11            basis that the record identified does not meet the
12            criteria established in paragraph (2)(A). Such an
13            objection must be filed within 60 days or by such
14            later date set by the Prisoner Review Board in the
15            notice after the State's Attorney received notice
16            from the Prisoner Review Board.
17                (ii) In response to a written objection from a
18            State's Attorney, the Prisoner Review Board is
19            authorized to conduct a non-public hearing to
20            evaluate the information provided in the
21            objection.
22                (iii) The Prisoner Review Board shall make a
23            confidential and privileged recommendation to the
24            Governor as to whether to grant a pardon
25            authorizing expungement for each of the records
26            identified by the Department of State Police as

 

 

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1            described in paragraph (2)(A).
2            (C) If an individual has been granted a pardon
3        authorizing expungement as described in this Section,
4        the Prisoner Review Board, through the Attorney
5        General, shall file a petition for expungement with
6        the Chief Judge of the circuit or any judge of the
7        circuit designated by the Chief Judge where the
8        individual had been convicted. Such petition may
9        include more than one individual. Whenever an
10        individual who has been convicted of an offense is
11        granted a pardon by the Governor that specifically
12        authorizes expungement, an objection to the petition
13        may not be filed. Petitions to expunge under this
14        subsection (i) may include more than one individual.
15        Within 90 days of the filing of such a petition, the
16        court shall enter an order expunging the records of
17        arrest from the official records of the arresting
18        authority and order that the records of the circuit
19        court clerk and the Department of State Police be
20        expunged and the name of the defendant obliterated
21        from the official index requested to be kept by the
22        circuit court clerk under Section 16 of the Clerks of
23        Courts Act in connection with the arrest and
24        conviction for the offense for which the individual
25        had received a pardon but the order shall not affect
26        any index issued by the circuit court clerk before the

 

 

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1        entry of the order. Upon entry of the order of
2        expungement, the circuit court clerk shall promptly
3        provide a copy of the order and a certificate of
4        disposition to the individual who was pardoned to the
5        individual's last known address or by electronic means
6        (if available) or otherwise make it available to the
7        individual upon request.
8            (D) Nothing in this Section is intended to
9        diminish or abrogate any rights or remedies otherwise
10        available to the individual.
11        (3) Any individual may file a motion to vacate and
12    expunge a conviction for a misdemeanor or Class 4 felony
13    violation of Section 4 or Section 5 of the Cannabis
14    Control Act. Motions to vacate and expunge under this
15    subsection (i) may be filed with the circuit court, Chief
16    Judge of a judicial circuit or any judge of the circuit
17    designated by the Chief Judge. The circuit court clerk
18    shall promptly serve a copy of the motion to vacate and
19    expunge, and any supporting documentation, on the State's
20    Attorney or prosecutor charged with the duty of
21    prosecuting the offense. When considering such a motion to
22    vacate and expunge, a court shall consider the following:
23    the reasons to retain the records provided by law
24    enforcement, the petitioner's age, the petitioner's age at
25    the time of offense, the time since the conviction, and
26    the specific adverse consequences if denied. An individual

 

 

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1    may file such a petition after the completion of any
2    non-financial sentence or non-financial condition imposed
3    by the conviction. Within 60 days of the filing of such
4    motion, a State's Attorney may file an objection to such a
5    petition along with supporting evidence. If a motion to
6    vacate and expunge is granted, the records shall be
7    expunged in accordance with subparagraphs (d)(8) and
8    (d)(9)(A) of this Section. An agency providing civil legal
9    aid, as defined by Section 15 of the Public Interest
10    Attorney Assistance Act, assisting individuals seeking to
11    file a motion to vacate and expunge under this subsection
12    may file motions to vacate and expunge with the Chief
13    Judge of a judicial circuit or any judge of the circuit
14    designated by the Chief Judge, and the motion may include
15    more than one individual. Motions filed by an agency
16    providing civil legal aid concerning more than one
17    individual may be prepared, presented, and signed
18    electronically.
19        (4) Any State's Attorney may file a motion to vacate
20    and expunge a conviction for a misdemeanor or Class 4
21    felony violation of Section 4 or Section 5 of the Cannabis
22    Control Act. Motions to vacate and expunge under this
23    subsection (i) may be filed with the circuit court, Chief
24    Judge of a judicial circuit or any judge of the circuit
25    designated by the Chief Judge, and may include more than
26    one individual. Motions filed by a State's Attorney

 

 

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1    concerning more than one individual may be prepared,
2    presented, and signed electronically. When considering
3    such a motion to vacate and expunge, a court shall
4    consider the following: the reasons to retain the records
5    provided by law enforcement, the individual's age, the
6    individual's age at the time of offense, the time since
7    the conviction, and the specific adverse consequences if
8    denied. Upon entry of an order granting a motion to vacate
9    and expunge records pursuant to this Section, the State's
10    Attorney shall notify the Prisoner Review Board within 30
11    days. Upon entry of the order of expungement, the circuit
12    court clerk shall promptly provide a copy of the order and
13    a certificate of disposition to the individual whose
14    records will be expunged to the individual's last known
15    address or by electronic means (if available) or otherwise
16    make available to the individual upon request. If a motion
17    to vacate and expunge is granted, the records shall be
18    expunged in accordance with subparagraphs (d)(8) and
19    (d)(9)(A) of this Section.
20        (5) In the public interest, the State's Attorney of a
21    county has standing to file motions to vacate and expunge
22    pursuant to this Section in the circuit court with
23    jurisdiction over the underlying conviction.
24        (6) If a person is arrested for a Minor Cannabis
25    Offense as defined in this Section before June 25, 2019
26    (the effective date of Public Act 101-27) and the person's

 

 

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1    case is still pending but a sentence has not been imposed,
2    the person may petition the court in which the charges are
3    pending for an order to summarily dismiss those charges
4    against him or her, and expunge all official records of
5    his or her arrest, plea, trial, conviction, incarceration,
6    supervision, or expungement. If the court determines, upon
7    review, that: (A) the person was arrested before June 25,
8    2019 (the effective date of Public Act 101-27) for an
9    offense that has been made eligible for expungement; (B)
10    the case is pending at the time; and (C) the person has not
11    been sentenced of the minor cannabis violation eligible
12    for expungement under this subsection, the court shall
13    consider the following: the reasons to retain the records
14    provided by law enforcement, the petitioner's age, the
15    petitioner's age at the time of offense, the time since
16    the conviction, and the specific adverse consequences if
17    denied. If a motion to dismiss and expunge is granted, the
18    records shall be expunged in accordance with subparagraph
19    (d)(9)(A) of this Section.
20        (7) A person imprisoned solely as a result of one or
21    more convictions for Minor Cannabis Offenses under this
22    subsection (i) shall be released from incarceration upon
23    the issuance of an order under this subsection.
24        (8) The Department of State Police shall allow a
25    person to use the access and review process, established
26    in the Department of State Police, for verifying that his

 

 

HB3934 Engrossed- 51 -LRB102 17064 RLC 22492 b

1    or her records relating to Minor Cannabis Offenses of the
2    Cannabis Control Act eligible under this Section have been
3    expunged.
4        (9) No conviction vacated pursuant to this Section
5    shall serve as the basis for damages for time unjustly
6    served as provided in the Court of Claims Act.
7        (10) Effect of Expungement. A person's right to
8    expunge an expungeable offense shall not be limited under
9    this Section. The effect of an order of expungement shall
10    be to restore the person to the status he or she occupied
11    before the arrest, charge, or conviction.
12        (11) Information. The Department of State Police shall
13    post general information on its website about the
14    expungement process described in this subsection (i).
15(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
16100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
178-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
18eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
19101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
2012-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)