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Full Text of SB1767  98th General Assembly

SB1767 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1767

 

Introduced 2/15/2013, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Makes a technical change in a Section concerning expungement and sealing of criminal records.


LRB098 07695 RLC 37768 b

 

 

A BILL FOR

 

SB1767LRB098 07695 RLC 37768 b

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

 

 

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

 

 

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

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 5-6-3.3 of the
21        Unified Code of Corrections, Section 12-4.3(b)(1) and
22        (2) of the Criminal Code of 1961 (as those provisions
23        existed before their deletion by Public Act 89-313),
24        Section 10-102 of the Illinois Alcoholism and Other
25        Drug Dependency Act, Section 40-10 of the Alcoholism
26        and Other Drug Abuse and Dependency Act, or Section 10

 

 

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1        of the Steroid Control Act. For the purpose of this
2        Section, "successful completion" of an order of
3        qualified probation under Section 10-102 of the
4        Illinois Alcoholism and Other Drug Dependency Act and
5        Section 40-10 of the Alcoholism and Other Drug Abuse
6        and Dependency Act means that the probation was
7        terminated satisfactorily and the judgment of
8        conviction was vacated.
9            (K) "Seal" means to physically and electronically
10        maintain the records, unless the records would
11        otherwise be destroyed due to age, but to make the
12        records unavailable without a court order, subject to
13        the exceptions in Sections 12 and 13 of this Act. The
14        petitioner's name shall also be obliterated from the
15        official index required to be kept by the circuit court
16        clerk under Section 16 of the Clerks of Courts Act, but
17        any index issued by the circuit court clerk before the
18        entry of the order to seal shall not be affected.
19            (L) "Sexual offense committed against a minor"
20        includes but is not limited to the offenses of indecent
21        solicitation of a child or criminal sexual abuse when
22        the victim of such offense is under 18 years of age.
23            (M) "Terminate" as it relates to a sentence or
24        order of supervision or qualified probation includes
25        either satisfactory or unsatisfactory termination of
26        the sentence, unless otherwise specified in this

 

 

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1        Section.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (3) Exclusions. Except as otherwise provided in
7    subsections (b)(5), (b)(6), (e), and (e-5) of this Section,
8    the court shall not order:
9            (A) the sealing or expungement of the records of
10        arrests or charges not initiated by arrest that result
11        in an order of supervision for or conviction of: (i)
12        any sexual offense committed against a minor; (ii)
13        Section 11-501 of the Illinois Vehicle Code or a
14        similar provision of a local ordinance; or (iii)
15        Section 11-503 of the Illinois Vehicle Code or a
16        similar provision of a local ordinance, unless the
17        arrest or charge is for a misdemeanor violation of
18        subsection (a) of Section 11-503 or a similar provision
19        of a local ordinance, that occurred prior to the
20        offender reaching the age of 25 years and the offender
21        has no other conviction for violating Section 11-501 or
22        11-503 of the Illinois Vehicle Code or a similar
23        provision of a local ordinance.
24            (B) the sealing or expungement of records of minor
25        traffic offenses (as defined in subsection (a)(1)(G)),
26        unless the petitioner was arrested and released

 

 

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1        without charging.
2            (C) the sealing of the records of arrests or
3        charges not initiated by arrest which result in an
4        order of supervision, an order of qualified probation
5        (as defined in subsection (a)(1)(J)), or a conviction
6        for the following offenses:
7                (i) offenses included in Article 11 of the
8            Criminal Code of 1961 or a similar provision of a
9            local ordinance, except Section 11-14 of the
10            Criminal Code of 1961 or a similar provision of a
11            local ordinance;
12                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
13            26-5, or 48-1 of the Criminal Code of 1961 or a
14            similar provision of a local ordinance;
15                (iii) offenses defined as "crimes of violence"
16            in Section 2 of the Crime Victims Compensation Act
17            or a similar provision of a local ordinance;
18                (iv) offenses which are Class A misdemeanors
19            under the Humane Care for Animals Act; or
20                (v) any offense or attempted offense that
21            would subject a person to registration under the
22            Sex Offender Registration Act.
23            (D) the sealing of the records of an arrest which
24        results in the petitioner being charged with a felony
25        offense or records of a charge not initiated by arrest
26        for a felony offense unless:

 

 

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1                (i) the charge is amended to a misdemeanor and
2            is otherwise eligible to be sealed pursuant to
3            subsection (c);
4                (ii) the charge is brought along with another
5            charge as a part of one case and the charge results
6            in acquittal, dismissal, or conviction when the
7            conviction was reversed or vacated, and another
8            charge brought in the same case results in a
9            disposition for a misdemeanor offense that is
10            eligible to be sealed pursuant to subsection (c) or
11            a disposition listed in paragraph (i), (iii), or
12            (iv) of this subsection;
13                (iii) the charge results in first offender
14            probation as set forth in subsection (c)(2)(E);
15                (iv) the charge is for a Class 4 felony offense
16            listed in subsection (c)(2)(F) or the charge is
17            amended to a Class 4 felony offense listed in
18            subsection (c)(2)(F). Records of arrests which
19            result in the petitioner being charged with a Class
20            4 felony offense listed in subsection (c)(2)(F),
21            records of charges not initiated by arrest for
22            Class 4 felony offenses listed in subsection
23            (c)(2)(F), and records of charges amended to a
24            Class 4 felony offense listed in (c)(2)(F) may be
25            sealed, regardless of the disposition, subject to
26            any waiting periods set forth in subsection

 

 

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1            (c)(3);
2                (v) the charge results in acquittal,
3            dismissal, or the petitioner's release without
4            conviction; or
5                (vi) the charge results in a conviction, but
6            the conviction was reversed or vacated.
7    (b) Expungement.
8        (1) A petitioner may petition the circuit court to
9    expunge the records of his or her arrests and charges not
10    initiated by arrest when:
11            (A) He or she has never been convicted of a
12        criminal offense; and
13            (B) Each arrest or charge not initiated by arrest
14        sought to be expunged resulted in: (i) acquittal,
15        dismissal, or the petitioner's release without
16        charging, unless excluded by subsection (a)(3)(B);
17        (ii) a conviction which was vacated or reversed, unless
18        excluded by subsection (a)(3)(B); (iii) an order of
19        supervision and such supervision was successfully
20        completed by the petitioner, unless excluded by
21        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
22        qualified probation (as defined in subsection
23        (a)(1)(J)) and such probation was successfully
24        completed by the petitioner.
25        (2) Time frame for filing a petition to expunge.
26            (A) When the arrest or charge not initiated by

 

 

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1        arrest sought to be expunged resulted in an acquittal,
2        dismissal, the petitioner's release without charging,
3        or the reversal or vacation of a conviction, there is
4        no waiting period to petition for the expungement of
5        such records.
6            (B) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an order of
8        supervision, successfully completed by the petitioner,
9        the following time frames will apply:
10                (i) Those arrests or charges that resulted in
11            orders of supervision under Section 3-707, 3-708,
12            3-710, or 5-401.3 of the Illinois Vehicle Code or a
13            similar provision of a local ordinance, or under
14            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
15            Code of 1961 or a similar provision of a local
16            ordinance, shall not be eligible for expungement
17            until 5 years have passed following the
18            satisfactory termination of the supervision.
19                (i-5) Those arrests or charges that resulted
20            in orders of supervision for a misdemeanor
21            violation of subsection (a) of Section 11-503 of
22            the Illinois Vehicle Code or a similar provision of
23            a local ordinance, that occurred prior to the
24            offender reaching the age of 25 years and the
25            offender has no other conviction for violating
26            Section 11-501 or 11-503 of the Illinois Vehicle

 

 

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

 

 

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

 

 

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1    file a verified petition with the presiding trial judge at
2    the petitioner's trial to have a court order entered to
3    seal the records of the circuit court clerk in connection
4    with the proceedings of the trial court concerning that
5    offense. However, the records of the arresting authority
6    and the Department of State Police concerning the offense
7    shall not be sealed. The court, upon good cause shown,
8    shall make the records of the circuit court clerk in
9    connection with the proceedings of the trial court
10    concerning the offense available for public inspection.
11        (6) If a conviction has been set aside on direct review
12    or on collateral attack and the court determines by clear
13    and convincing evidence that the petitioner was factually
14    innocent of the charge, the court shall enter an
15    expungement order as provided in subsection (b) of Section
16    5-5-4 of the Unified Code of Corrections.
17        (7) Nothing in this Section shall prevent the
18    Department of State Police from maintaining all records of
19    any person who is admitted to probation upon terms and
20    conditions and who fulfills those terms and conditions
21    pursuant to Section 10 of the Cannabis Control Act, Section
22    410 of the Illinois Controlled Substances Act, Section 70
23    of the Methamphetamine Control and Community Protection
24    Act, Section 5-6-3.3 of the Unified Code of Corrections,
25    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
26    the Criminal Code of 1961, Section 10-102 of the Illinois

 

 

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1    Alcoholism and Other Drug Dependency Act, Section 40-10 of
2    the Alcoholism and Other Drug Abuse and Dependency Act, or
3    Section 10 of the Steroid Control Act.
4    (c) Sealing.
5        (1) Applicability. Notwithstanding any other provision
6    of this Act to the contrary, and cumulative with any rights
7    to expungement of criminal records, this subsection
8    authorizes the sealing of criminal records of adults and of
9    minors prosecuted as adults.
10        (2) Eligible Records. The following records may be
11    sealed:
12            (A) All arrests resulting in release without
13        charging;
14            (B) Arrests or charges not initiated by arrest
15        resulting in acquittal, dismissal, or conviction when
16        the conviction was reversed or vacated, except as
17        excluded by subsection (a)(3)(B);
18            (C) Arrests or charges not initiated by arrest
19        resulting in orders of supervision successfully
20        completed by the petitioner, unless excluded by
21        subsection (a)(3);
22            (D) Arrests or charges not initiated by arrest
23        resulting in convictions unless excluded by subsection
24        (a)(3);
25            (E) Arrests or charges not initiated by arrest
26        resulting in orders of first offender probation under

 

 

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1        Section 10 of the Cannabis Control Act, Section 410 of
2        the Illinois Controlled Substances Act, Section 70 of
3        the Methamphetamine Control and Community Protection
4        Act, or Section 5-6-3.3 of the Unified Code of
5        Corrections; and
6            (F) Arrests or charges not initiated by arrest
7        resulting in Class 4 felony convictions for the
8        following offenses:
9                (i) Section 11-14 of the Criminal Code of 1961;
10                (ii) Section 4 of the Cannabis Control Act;
11                (iii) Section 402 of the Illinois Controlled
12            Substances Act;
13                (iv) the Methamphetamine Precursor Control
14            Act; and
15                (v) the Steroid Control Act.
16        (3) When Records Are Eligible to Be Sealed. Records
17    identified as eligible under subsection (c)(2) may be
18    sealed as follows:
19            (A) Records identified as eligible under
20        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
21        time.
22            (B) Records identified as eligible under
23        subsection (c)(2)(C) may be sealed (i) 3 years after
24        the termination of petitioner's last sentence (as
25        defined in subsection (a)(1)(F)) if the petitioner has
26        never been convicted of a criminal offense (as defined

 

 

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1        in subsection (a)(1)(D)); or (ii) 4 years after the
2        termination of the petitioner's last sentence (as
3        defined in subsection (a)(1)(F)) if the petitioner has
4        ever been convicted of a criminal offense (as defined
5        in subsection (a)(1)(D)).
6            (C) Records identified as eligible under
7        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
8        sealed 4 years after the termination of the
9        petitioner's last sentence (as defined in subsection
10        (a)(1)(F)).
11            (D) Records identified in subsection
12        (a)(3)(A)(iii) may be sealed after the petitioner has
13        reached the age of 25 years.
14        (4) Subsequent felony convictions. A person may not
15    have subsequent felony conviction records sealed as
16    provided in this subsection (c) if he or she is convicted
17    of any felony offense after the date of the sealing of
18    prior felony convictions as provided in this subsection
19    (c). The court may, upon conviction for a subsequent felony
20    offense, order the unsealing of prior felony conviction
21    records previously ordered sealed by the court.
22        (5) Notice of eligibility for sealing. Upon entry of a
23    disposition for an eligible record under this subsection
24    (c), the petitioner shall be informed by the court of the
25    right to have the records sealed and the procedures for the
26    sealing of the records.

 

 

SB1767- 17 -LRB098 07695 RLC 37768 b

1    (d) Procedure. The following procedures apply to
2expungement under subsections (b) and (e), and sealing under
3subsections (c) and (e-5):
4        (1) Filing the petition. Upon becoming eligible to
5    petition for the expungement or sealing of records under
6    this Section, the petitioner shall file a petition
7    requesting the expungement or sealing of records with the
8    clerk of the court where the arrests occurred or the
9    charges were brought, or both. If arrests occurred or
10    charges were brought in multiple jurisdictions, a petition
11    must be filed in each such jurisdiction. The petitioner
12    shall pay the applicable fee, if not waived.
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 (10)
24    of subsection (a) of Section 3-3-2 of the Unified Code of
25    Corrections, the certificate shall be attached to the
26    petition.

 

 

SB1767- 18 -LRB098 07695 RLC 37768 b

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 seal felony records pursuant to clause
9    (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is
10    petitioning to expunge felony records of a qualified
11    probation pursuant to clause (b)(1)(B)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition on the State's
14    Attorney or prosecutor charged with the duty of prosecuting
15    the offense, the Department of State Police, the arresting
16    agency and the chief legal officer of the unit of local
17    government effecting the arrest.
18        (5) Objections.
19            (A) Any party entitled to notice of the petition
20        may file an objection to the petition. All objections
21        shall be in writing, shall be filed with the circuit
22        court clerk, and shall state with specificity the basis
23        of the objection.
24            (B) Objections to a petition to expunge or seal
25        must be filed within 60 days of the date of service of
26        the petition.

 

 

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1        (6) Entry of order.
2            (A) The Chief Judge of the circuit wherein the
3        charge was brought, any judge of that circuit
4        designated by the Chief Judge, or in counties of less
5        than 3,000,000 inhabitants, the presiding trial judge
6        at the petitioner's trial, if any, shall rule on the
7        petition to expunge or seal as set forth in this
8        subsection (d)(6).
9            (B) Unless the State's Attorney or prosecutor, the
10        Department of State Police, the arresting agency, or
11        the chief legal officer files an objection to the
12        petition to expunge or seal within 60 days from the
13        date of service of the petition, the court shall enter
14        an order granting or denying the petition.
15        (7) Hearings. If an objection is filed, the court shall
16    set a date for a hearing and notify the petitioner and all
17    parties entitled to notice of the petition of the hearing
18    date at least 30 days prior to the hearing, and shall hear
19    evidence on whether the petition should or should not be
20    granted, and shall grant or deny the petition to expunge or
21    seal the records based on the evidence presented at the
22    hearing.
23        (8) Service of order. After entering an order to
24    expunge or seal records, the court must provide copies of
25    the order to the Department, in a form and manner
26    prescribed by the Department, to the petitioner, to the

 

 

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1    State's Attorney or prosecutor charged with the duty of
2    prosecuting the offense, to the arresting agency, to the
3    chief legal officer of the unit of local government
4    effecting the arrest, and to such other criminal justice
5    agencies as may be ordered by the court.
6        (9) Effect of order.
7            (A) Upon entry of an order to expunge records
8        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
9                (i) the records shall be expunged (as defined
10            in subsection (a)(1)(E)) by the arresting agency,
11            the Department, and any other agency as ordered by
12            the court, within 60 days of the date of service of
13            the order, unless a motion to vacate, modify, or
14            reconsider the order is filed pursuant to
15            paragraph (12) of subsection (d) of this Section;
16                (ii) the records of the circuit court clerk
17            shall be impounded until further order of the court
18            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            and
25                (iii) in response to an inquiry for expunged
26            records, the court, the Department, or the agency

 

 

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

 

 

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

 

 

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1    the Clerks of Courts Act to the contrary, the circuit court
2    clerk may charge a fee equivalent to the cost associated
3    with the sealing or expungement of records by the circuit
4    court clerk. From the total filing fee collected for the
5    petition to seal or expunge, the circuit court clerk shall
6    deposit $10 into the Circuit Court Clerk Operation and
7    Administrative Fund, to be used to offset the costs
8    incurred by the circuit court clerk in performing the
9    additional duties required to serve the petition to seal or
10    expunge on all parties. The circuit court clerk shall
11    collect and forward the Department of State Police portion
12    of the fee to the Department and it shall be deposited in
13    the State Police Services Fund.
14        (11) Final Order. No court order issued under the
15    expungement or sealing provisions of this Section shall
16    become final for purposes of appeal until 30 days after
17    service of the order on the petitioner and all parties
18    entitled to notice of the petition.
19        (12) Motion to Vacate, Modify, or Reconsider. The
20    petitioner or any party entitled to notice may file a
21    motion to vacate, modify, or reconsider the order granting
22    or denying the petition to expunge or seal within 60 days
23    of service of the order.
24    (e) Whenever a person who has been convicted of an offense
25is granted a pardon by the Governor which specifically
26authorizes expungement, he or she may, upon verified petition

 

 

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

 

 

SB1767- 25 -LRB098 07695 RLC 37768 b

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

 

 

SB1767- 26 -LRB098 07695 RLC 37768 b

1the person who was granted the certificate of eligibility for
2sealing.
3    (f) Subject to available funding, the Illinois Department
4of Corrections shall conduct a study of the impact of sealing,
5especially on employment and recidivism rates, utilizing a
6random sample of those who apply for the sealing of their
7criminal records under Public Act 93-211. At the request of the
8Illinois Department of Corrections, records of the Illinois
9Department of Employment Security shall be utilized as
10appropriate to assist in the study. The study shall not
11disclose any data in a manner that would allow the
12identification of any particular individual or employing unit.
13The study shall be made available to the General Assembly no
14later than September 1, 2010.
15(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
1696-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
177-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
18eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13;
1997-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13;
2097-1120, eff. 1-1-13; revised 9-20-12.)