Illinois General Assembly - Full Text of SB0978
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Full Text of SB0978  98th General Assembly

SB0978enr 98TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Records Act is amended by changing
5Section 3 as follows:
 
6    (5 ILCS 160/3)  (from Ch. 116, par. 43.6)
7    Sec. 3. Records as property of State.
8    (a) All records created or received by or under the
9authority of or coming into the custody, control, or possession
10of public officials of this State in the course of their public
11duties are the property of the State. These records may not be
12mutilated, destroyed, transferred, removed, or otherwise
13damaged or disposed of, in whole or in part, except as provided
14by law. Any person shall have the right of access to any public
15records, unless access to the records is otherwise limited or
16prohibited by law. This subsection (a) does not apply to
17records that are subject to expungement under subsections (1.5)
18and (1.6) of Section 5-915 of the Juvenile Court Act of 1987.
19    (b) Reports and records of the obligation, receipt and use
20of public funds of the State are public records available for
21inspection by the public, except as access to such records is
22otherwise limited or prohibited by law or pursuant to law.
23These records shall be kept at the official place of business

 

 

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1of the State or at a designated place of business of the State.
2These records shall be available for public inspection during
3regular office hours except when in immediate use by persons
4exercising official duties which require the use of those
5records. Nothing in this section shall require the State to
6invade or assist in the invasion of any person's right to
7privacy. Nothing in this Section shall be construed to limit
8any right given by statute or rule of law with respect to the
9inspection of other types of records.
10    Warrants and vouchers in the keeping of the State
11Comptroller may be destroyed by him as authorized in "An Act in
12relation to the reproduction and destruction of records kept by
13the Comptroller", approved August 1, 1949, as now or hereafter
14amended after obtaining the approval of the State Records
15Commission.
16(Source: P.A. 92-866, eff. 1-3-03.)
 
17    Section 10. The Criminal Identification Act is amended by
18changing Section 5.2 as follows:
 
19    (20 ILCS 2630/5.2)
20    Sec. 5.2. Expungement and sealing.
21    (a) General Provisions.
22        (1) Definitions. In this Act, words and phrases have
23    the meanings set forth in this subsection, except when a
24    particular context clearly requires a different meaning.

 

 

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1            (A) The following terms shall have the meanings
2        ascribed to them in the Unified Code of Corrections,
3        730 ILCS 5/5-1-2 through 5/5-1-22:
4                (i) Business Offense (730 ILCS 5/5-1-2),
5                (ii) Charge (730 ILCS 5/5-1-3),
6                (iii) Court (730 ILCS 5/5-1-6),
7                (iv) Defendant (730 ILCS 5/5-1-7),
8                (v) Felony (730 ILCS 5/5-1-9),
9                (vi) Imprisonment (730 ILCS 5/5-1-10),
10                (vii) Judgment (730 ILCS 5/5-1-12),
11                (viii) Misdemeanor (730 ILCS 5/5-1-14),
12                (ix) Offense (730 ILCS 5/5-1-15),
13                (x) Parole (730 ILCS 5/5-1-16),
14                (xi) Petty Offense (730 ILCS 5/5-1-17),
15                (xii) Probation (730 ILCS 5/5-1-18),
16                (xiii) Sentence (730 ILCS 5/5-1-19),
17                (xiv) Supervision (730 ILCS 5/5-1-21), and
18                (xv) Victim (730 ILCS 5/5-1-22).
19            (B) As used in this Section, "charge not initiated
20        by arrest" means a charge (as defined by 730 ILCS
21        5/5-1-3) brought against a defendant where the
22        defendant is not arrested prior to or as a direct
23        result of the charge.
24            (C) "Conviction" means a judgment of conviction or
25        sentence entered upon a plea of guilty or upon a
26        verdict or finding of guilty of an offense, rendered by

 

 

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1        a legally constituted jury or by a court of competent
2        jurisdiction authorized to try the case without a jury.
3        An order of supervision successfully completed by the
4        petitioner is not a conviction. An order of qualified
5        probation (as defined in subsection (a)(1)(J))
6        successfully completed by the petitioner is not a
7        conviction. An order of supervision or an order of
8        qualified probation that is terminated
9        unsatisfactorily is a conviction, unless the
10        unsatisfactory termination is reversed, vacated, or
11        modified and the judgment of conviction, if any, is
12        reversed or vacated.
13            (D) "Criminal offense" means a petty offense,
14        business offense, misdemeanor, felony, or municipal
15        ordinance violation (as defined in subsection
16        (a)(1)(H)). As used in this Section, a minor traffic
17        offense (as defined in subsection (a)(1)(G)) shall not
18        be considered a criminal offense.
19            (E) "Expunge" means to physically destroy the
20        records or return them to the petitioner and to
21        obliterate the petitioner's name from any official
22        index or public record, or both. Nothing in this Act
23        shall require the physical destruction of the circuit
24        court file, but such records relating to arrests or
25        charges, or both, ordered expunged shall be impounded
26        as required by subsections (d)(9)(A)(ii) and

 

 

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1        (d)(9)(B)(ii).
2            (F) As used in this Section, "last sentence" means
3        the sentence, order of supervision, or order of
4        qualified probation (as defined by subsection
5        (a)(1)(J)), for a criminal offense (as defined by
6        subsection (a)(1)(D)) that terminates last in time in
7        any jurisdiction, regardless of whether the petitioner
8        has included the criminal offense for which the
9        sentence or order of supervision or qualified
10        probation was imposed in his or her petition. If
11        multiple sentences, orders of supervision, or orders
12        of qualified probation terminate on the same day and
13        are last in time, they shall be collectively considered
14        the "last sentence" regardless of whether they were
15        ordered to run concurrently.
16            (G) "Minor traffic offense" means a petty offense,
17        business offense, or Class C misdemeanor under the
18        Illinois Vehicle Code or a similar provision of a
19        municipal or local ordinance.
20            (H) "Municipal ordinance violation" means an
21        offense defined by a municipal or local ordinance that
22        is criminal in nature and with which the petitioner was
23        charged or for which the petitioner was arrested and
24        released without charging.
25            (I) "Petitioner" means an adult or a minor
26        prosecuted as an adult who has applied for relief under

 

 

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

 

 

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1        official index required to be kept by the circuit court
2        clerk under Section 16 of the Clerks of Courts Act, but
3        any index issued by the circuit court clerk before the
4        entry of the order to seal shall not be affected.
5            (L) "Sexual offense committed against a minor"
6        includes but is not limited to the offenses of indecent
7        solicitation of a child or criminal sexual abuse when
8        the victim of such offense is under 18 years of age.
9            (M) "Terminate" as it relates to a sentence or
10        order of supervision or qualified probation includes
11        either satisfactory or unsatisfactory termination of
12        the sentence, unless otherwise specified in this
13        Section.
14        (2) Minor Traffic Offenses. Orders of supervision or
15    convictions for minor traffic offenses shall not affect a
16    petitioner's eligibility to expunge or seal records
17    pursuant to this Section.
18        (3) Exclusions. Except as otherwise provided in
19    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
20    of this Section, the court shall not order:
21            (A) the sealing or expungement of the records of
22        arrests or charges not initiated by arrest that result
23        in an order of supervision for or conviction of: (i)
24        any sexual offense committed against a minor; (ii)
25        Section 11-501 of the Illinois Vehicle Code or a
26        similar provision of a local ordinance; or (iii)

 

 

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

 

 

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1            Criminal Code of 2012, or a similar provision of a
2            local ordinance;
3                (iii) offenses defined as "crimes of violence"
4            in Section 2 of the Crime Victims Compensation Act
5            or a similar provision of a local ordinance;
6                (iv) offenses which are Class A misdemeanors
7            under the Humane Care for Animals Act; or
8                (v) any offense or attempted offense that
9            would subject a person to registration under the
10            Sex Offender Registration Act.
11            (D) the sealing of the records of an arrest which
12        results in the petitioner being charged with a felony
13        offense or records of a charge not initiated by arrest
14        for a felony offense unless:
15                (i) the charge is amended to a misdemeanor and
16            is otherwise eligible to be sealed pursuant to
17            subsection (c);
18                (ii) the charge is brought along with another
19            charge as a part of one case and the charge results
20            in acquittal, dismissal, or conviction when the
21            conviction was reversed or vacated, and another
22            charge brought in the same case results in a
23            disposition for a misdemeanor offense that is
24            eligible to be sealed pursuant to subsection (c) or
25            a disposition listed in paragraph (i), (iii), or
26            (iv) of this subsection;

 

 

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

 

 

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1        (a)(1)(J)) and such probation was successfully
2        completed by the petitioner.
3        (2) Time frame for filing a petition to expunge.
4            (A) When the arrest or charge not initiated by
5        arrest sought to be expunged resulted in an acquittal,
6        dismissal, the petitioner's release without charging,
7        or the reversal or vacation of a conviction, there is
8        no waiting period to petition for the expungement of
9        such records.
10            (B) When the arrest or charge not initiated by
11        arrest sought to be expunged resulted in an order of
12        supervision, successfully completed by the petitioner,
13        the following time frames will apply:
14                (i) Those arrests or charges that resulted in
15            orders of supervision under Section 3-707, 3-708,
16            3-710, or 5-401.3 of the Illinois Vehicle Code or a
17            similar provision of a local ordinance, or under
18            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
19            Code of 1961 or the Criminal Code of 2012, or a
20            similar provision of a local ordinance, shall not
21            be eligible for expungement until 5 years have
22            passed following the satisfactory termination of
23            the supervision.
24                (i-5) Those arrests or charges that resulted
25            in orders of supervision for a misdemeanor
26            violation of subsection (a) of Section 11-503 of

 

 

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1            the Illinois Vehicle Code or a similar provision of
2            a local ordinance, that occurred prior to the
3            offender reaching the age of 25 years and the
4            offender has no other conviction for violating
5            Section 11-501 or 11-503 of the Illinois Vehicle
6            Code or a similar provision of a local ordinance
7            shall not be eligible for expungement until the
8            petitioner has reached the age of 25 years.
9                (ii) Those arrests or charges that resulted in
10            orders of supervision for any other offenses shall
11            not be eligible for expungement until 2 years have
12            passed following the satisfactory termination of
13            the supervision.
14            (C) When the arrest or charge not initiated by
15        arrest sought to be expunged resulted in an order of
16        qualified probation, successfully completed by the
17        petitioner, such records shall not be eligible for
18        expungement until 5 years have passed following the
19        satisfactory termination of the probation.
20        (3) Those records maintained by the Department for
21    persons arrested prior to their 17th birthday shall be
22    expunged as provided in Section 5-915 of the Juvenile Court
23    Act of 1987.
24        (4) Whenever a person has been arrested for or
25    convicted of any offense, in the name of a person whose
26    identity he or she has stolen or otherwise come into

 

 

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1    possession of, the aggrieved person from whom the identity
2    was stolen or otherwise obtained without authorization,
3    upon learning of the person having been arrested using his
4    or her identity, may, upon verified petition to the chief
5    judge of the circuit wherein the arrest was made, have a
6    court order entered nunc pro tunc by the Chief Judge to
7    correct the arrest record, conviction record, if any, and
8    all official records of the arresting authority, the
9    Department, other criminal justice agencies, the
10    prosecutor, and the trial court concerning such arrest, if
11    any, by removing his or her name from all such records in
12    connection with the arrest and conviction, if any, and by
13    inserting in the records the name of the offender, if known
14    or ascertainable, in lieu of the aggrieved's name. The
15    records of the circuit court clerk shall be sealed until
16    further order of the court upon good cause shown and the
17    name of the aggrieved person obliterated on the official
18    index required to be kept by the circuit court clerk under
19    Section 16 of the Clerks of Courts Act, but the order shall
20    not affect any index issued by the circuit court clerk
21    before the entry of the order. Nothing in this Section
22    shall limit the Department of State Police or other
23    criminal justice agencies or prosecutors from listing
24    under an offender's name the false names he or she has
25    used.
26        (5) Whenever a person has been convicted of criminal

 

 

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1    sexual assault, aggravated criminal sexual assault,
2    predatory criminal sexual assault of a child, criminal
3    sexual abuse, or aggravated criminal sexual abuse, the
4    victim of that offense may request that the State's
5    Attorney of the county in which the conviction occurred
6    file a verified petition with the presiding trial judge at
7    the petitioner's trial to have a court order entered to
8    seal the records of the circuit court clerk in connection
9    with the proceedings of the trial court concerning that
10    offense. However, the records of the arresting authority
11    and the Department of State Police concerning the offense
12    shall not be sealed. The court, upon good cause shown,
13    shall make the records of the circuit court clerk in
14    connection with the proceedings of the trial court
15    concerning the offense available for public inspection.
16        (6) If a conviction has been set aside on direct review
17    or on collateral attack and the court determines by clear
18    and convincing evidence that the petitioner was factually
19    innocent of the charge, the court that finds the petitioner
20    factually innocent of the charge shall enter an expungement
21    order for the conviction for which the petitioner has been
22    determined to be innocent as provided in subsection (b) of
23    Section 5-5-4 of the Unified Code of Corrections.
24        (7) Nothing in this Section shall prevent the
25    Department of State Police from maintaining all records of
26    any person who is admitted to probation upon terms and

 

 

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1    conditions and who fulfills those terms and conditions
2    pursuant to Section 10 of the Cannabis Control Act, Section
3    410 of the Illinois Controlled Substances Act, Section 70
4    of the Methamphetamine Control and Community Protection
5    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
6    Corrections, Section 12-4.3 or subdivision (b)(1) of
7    Section 12-3.05 of the Criminal Code of 1961 or the
8    Criminal Code of 2012, Section 10-102 of the Illinois
9    Alcoholism and Other Drug Dependency Act, Section 40-10 of
10    the Alcoholism and Other Drug Abuse and Dependency Act, or
11    Section 10 of the Steroid Control Act.
12        (8) If the petitioner has been granted a certificate of
13    innocence under Section 2-702 of the Code of Civil
14    Procedure, the court that grants the certificate of
15    innocence shall also enter an order expunging the
16    conviction for which the petitioner has been determined to
17    be innocent as provided in subsection (h) of Section 2-702
18    of the Code of Civil Procedure.
19    (c) Sealing.
20        (1) Applicability. Notwithstanding any other provision
21    of this Act to the contrary, and cumulative with any rights
22    to expungement of criminal records, this subsection
23    authorizes the sealing of criminal records of adults and of
24    minors prosecuted as adults.
25        (2) Eligible Records. The following records may be
26    sealed:

 

 

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1            (A) All arrests resulting in release without
2        charging;
3            (B) Arrests or charges not initiated by arrest
4        resulting in acquittal, dismissal, or conviction when
5        the conviction was reversed or vacated, except as
6        excluded by subsection (a)(3)(B);
7            (C) Arrests or charges not initiated by arrest
8        resulting in orders of supervision successfully
9        completed by the petitioner, unless excluded by
10        subsection (a)(3);
11            (D) Arrests or charges not initiated by arrest
12        resulting in convictions unless excluded by subsection
13        (a)(3);
14            (E) Arrests or charges not initiated by arrest
15        resulting in orders of first offender probation under
16        Section 10 of the Cannabis Control Act, Section 410 of
17        the Illinois Controlled Substances Act, Section 70 of
18        the Methamphetamine Control and Community Protection
19        Act, or Section 5-6-3.3 of the Unified Code of
20        Corrections; and
21            (F) Arrests or charges not initiated by arrest
22        resulting in felony convictions for the following
23        offenses:
24                (i) Class 4 felony convictions for:
25                    Prostitution under Section 11-14 of the
26                Criminal Code of 1961 or the Criminal Code of

 

 

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1                2012.
2                    Possession of cannabis under Section 4 of
3                the Cannabis Control Act.
4                    Possession of a controlled substance under
5                Section 402 of the Illinois Controlled
6                Substances Act.
7                    Offenses under the Methamphetamine
8                Precursor Control Act.
9                    Offenses under the Steroid Control Act.
10                    Theft under Section 16-1 of the Criminal
11                Code of 1961 or the Criminal Code of 2012.
12                    Retail theft under Section 16A-3 or
13                paragraph (a) of 16-25 of the Criminal Code of
14                1961 or the Criminal Code of 2012.
15                    Deceptive practices under Section 17-1 of
16                the Criminal Code of 1961 or the Criminal Code
17                of 2012.
18                    Forgery under Section 17-3 of the Criminal
19                Code of 1961 or the Criminal Code of 2012.
20                    Possession of burglary tools under Section
21                19-2 of the Criminal Code of 1961 or the
22                Criminal Code of 2012.
23            (ii) Class 3 felony convictions for:
24                    Theft under Section 16-1 of the Criminal
25                Code of 1961 or the Criminal Code of 2012.
26                    Retail theft under Section 16A-3 or

 

 

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1                paragraph (a) of 16-25 of the Criminal Code of
2                1961 or the Criminal Code of 2012.
3                    Deceptive practices under Section 17-1 of
4                the Criminal Code of 1961 or the Criminal Code
5                of 2012.
6                    Forgery under Section 17-3 of the Criminal
7                Code of 1961 or the Criminal Code of 2012.
8                    Possession with intent to manufacture or
9                deliver a controlled substance under Section
10                401 of the Illinois Controlled Substances Act.
11        (3) When Records Are Eligible to Be Sealed. Records
12    identified as eligible under subsection (c)(2) may be
13    sealed as follows:
14            (A) Records identified as eligible under
15        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
16        time.
17            (B) Records identified as eligible under
18        subsection (c)(2)(C) may be sealed (i) 3 years after
19        the termination of petitioner's last sentence (as
20        defined in subsection (a)(1)(F)) if the petitioner has
21        never been convicted of a criminal offense (as defined
22        in subsection (a)(1)(D)); or (ii) 4 years after the
23        termination of the petitioner's last sentence (as
24        defined in subsection (a)(1)(F)) if the petitioner has
25        ever been convicted of a criminal offense (as defined
26        in subsection (a)(1)(D)).

 

 

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

 

 

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1    this Section, the petitioner shall file a petition
2    requesting the expungement or sealing of records with the
3    clerk of the court where the arrests occurred or the
4    charges were brought, or both. If arrests occurred or
5    charges were brought in multiple jurisdictions, a petition
6    must be filed in each such jurisdiction. The petitioner
7    shall pay the applicable fee, if not waived.
8        (2) Contents of petition. The petition shall be
9    verified and shall contain the petitioner's name, date of
10    birth, current address and, for each arrest or charge not
11    initiated by arrest sought to be sealed or expunged, the
12    case number, the date of arrest (if any), the identity of
13    the arresting authority, and such other information as the
14    court may require. During the pendency of the proceeding,
15    the petitioner shall promptly notify the circuit court
16    clerk of any change of his or her address. If the
17    petitioner has received a certificate of eligibility for
18    sealing from the Prisoner Review Board under paragraph (10)
19    of subsection (a) of Section 3-3-2 of the Unified Code of
20    Corrections, the certificate shall be attached to the
21    petition.
22        (3) Drug test. The petitioner must attach to the
23    petition proof that the petitioner has passed a test taken
24    within 30 days before the filing of the petition showing
25    the absence within his or her body of all illegal
26    substances as defined by the Illinois Controlled

 

 

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1    Substances Act, the Methamphetamine Control and Community
2    Protection Act, and the Cannabis Control Act if he or she
3    is petitioning to:
4            (A) seal felony records under clause (c)(2)(E);
5            (B) seal felony records for a violation of the
6        Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        or the Cannabis Control Act under clause (c)(2)(F);
9            (C) seal felony records under subsection (e-5); or
10            (D) expunge felony records of a qualified
11        probation under clause (b)(1)(B)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e), (e-5), or (e-6)
15    on the State's Attorney or prosecutor charged with the duty
16    of prosecuting the offense, the Department of State Police,
17    the arresting agency and the chief legal officer of the
18    unit of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection. Whenever a person who has been
25        convicted of an offense is granted a pardon by the
26        Governor which specifically authorizes expungement, an

 

 

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

 

 

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1    should not be granted, and shall grant or deny the petition
2    to expunge or seal the records based on the evidence
3    presented at the hearing. The court may consider the
4    following:
5            (A) the strength of the evidence supporting the
6        defendant's conviction;
7            (B) the reasons for retention of the conviction
8        records by the State;
9            (C) the petitioner's age, criminal record history,
10        and employment history;
11            (D) the period of time between the petitioner's
12        arrest on the charge resulting in the conviction and
13        the filing of the petition under this Section; and
14            (E) the specific adverse consequences the
15        petitioner may be subject to if the petition is denied.
16        (8) Service of order. After entering an order to
17    expunge or seal records, the court must provide copies of
18    the order to the Department, in a form and manner
19    prescribed by the Department, to the petitioner, to the
20    State's Attorney or prosecutor charged with the duty of
21    prosecuting the offense, to the arresting agency, to the
22    chief legal officer of the unit of local government
23    effecting the arrest, and to such other criminal justice
24    agencies as may be ordered by the court.
25        (9) Implementation of order.
26            (A) Upon entry of an order to expunge records

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        response to inquiries when no records ever existed.
2            (D) The Department shall send written notice to the
3        petitioner of its compliance with each order to expunge
4        or seal records within 60 days of the date of service
5        of that order or, if a motion to vacate, modify, or
6        reconsider is filed, within 60 days of service of the
7        order resolving the motion, if that order requires the
8        Department to expunge or seal records. In the event of
9        an appeal from the circuit court order, the Department
10        shall send written notice to the petitioner of its
11        compliance with an Appellate Court or Supreme Court
12        judgment to expunge or seal records within 60 days of
13        the issuance of the court's mandate. The notice is not
14        required while any motion to vacate, modify, or
15        reconsider, or any appeal or petition for
16        discretionary appellate review, is pending.
17        (10) Fees. The Department may charge the petitioner a
18    fee equivalent to the cost of processing any order to
19    expunge or seal records. Notwithstanding any provision of
20    the Clerks of Courts Act to the contrary, the circuit court
21    clerk may charge a fee equivalent to the cost associated
22    with the sealing or expungement of records by the circuit
23    court clerk. From the total filing fee collected for the
24    petition to seal or expunge, the circuit court clerk shall
25    deposit $10 into the Circuit Court Clerk Operation and
26    Administrative Fund, to be used to offset the costs

 

 

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1    incurred by the circuit court clerk in performing the
2    additional duties required to serve the petition to seal or
3    expunge on all parties. The circuit court clerk shall
4    collect and forward the Department of State Police portion
5    of the fee to the Department and it shall be deposited in
6    the State Police Services Fund.
7        (11) Final Order. No court order issued under the
8    expungement or sealing provisions of this Section shall
9    become final for purposes of appeal until 30 days after
10    service of the order on the petitioner and all parties
11    entitled to notice of the petition.
12        (12) Motion to Vacate, Modify, or Reconsider. Under
13    Section 2-1203 of the Code of Civil Procedure, the
14    petitioner or any party entitled to notice may file a
15    motion to vacate, modify, or reconsider the order granting
16    or denying the petition to expunge or seal within 60 days
17    of service of the order. If filed more than 60 days after
18    service of the order, a petition to vacate, modify, or
19    reconsider shall comply with subsection (c) of Section
20    2-1401 of the Code of Civil Procedure. Upon filing of a
21    motion to vacate, modify, or reconsider, notice of the
22    motion shall be served upon the petitioner and all parties
23    entitled to notice of the petition.
24        (13) Effect of Order. An order granting a petition
25    under the expungement or sealing provisions of this Section
26    shall not be considered void because it fails to comply

 

 

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1    with the provisions of this Section or because of any error
2    asserted in a motion to vacate, modify, or reconsider. The
3    circuit court retains jurisdiction to determine whether
4    the order is voidable and to vacate, modify, or reconsider
5    its terms based on a motion filed under paragraph (12) of
6    this subsection (d).
7        (14) Compliance with Order Granting Petition to Seal
8    Records. Unless a court has entered a stay of an order
9    granting a petition to seal, all parties entitled to notice
10    of the petition must fully comply with the terms of the
11    order within 60 days of service of the order even if a
12    party is seeking relief from the order through a motion
13    filed under paragraph (12) of this subsection (d) or is
14    appealing the order.
15        (15) Compliance with Order Granting Petition to
16    Expunge Records. While a party is seeking relief from the
17    order granting the petition to expunge through a motion
18    filed under paragraph (12) of this subsection (d) or is
19    appealing the order, and unless a court has entered a stay
20    of that order, the parties entitled to notice of the
21    petition must seal, but need not expunge, the records until
22    there is a final order on the motion for relief or, in the
23    case of an appeal, the issuance of that court's mandate.
24        (16) The changes to this subsection (d) made by Public
25    Act 98-163 this amendatory Act of the 98th General Assembly
26    apply to all petitions pending on August 5, 2013 (the

 

 

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1    effective date of Public Act 98-163) this amendatory Act of
2    the 98th General Assembly and to all orders ruling on a
3    petition to expunge or seal on or after August 5, 2013 (the
4    effective date of Public Act 98-163) this amendatory Act of
5    the 98th General Assembly.
6    (e) Whenever a person who has been convicted of an offense
7is granted a pardon by the Governor which specifically
8authorizes expungement, he or she may, upon verified petition
9to the Chief Judge of the circuit where the person had been
10convicted, any judge of the circuit designated by the Chief
11Judge, or in counties of less than 3,000,000 inhabitants, the
12presiding trial judge at the defendant's trial, have a court
13order entered expunging the record of arrest from the official
14records of the arresting authority and order that the records
15of the circuit court clerk and the Department be sealed until
16further order of the court upon good cause shown or as
17otherwise provided herein, and the name of the defendant
18obliterated from the official index requested to be kept by the
19circuit court clerk under Section 16 of the Clerks of Courts
20Act in connection with the arrest and conviction for the
21offense for which he or she had been pardoned but the order
22shall not affect any index issued by the circuit court clerk
23before the entry of the order. All records sealed by the
24Department may be disseminated by the Department only to the
25arresting authority, the State's Attorney, and the court upon a
26later arrest for the same or similar offense or for the purpose

 

 

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

 

 

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1required by this Act or to the arresting authority, a law
2enforcement agency, the State's Attorney, and the court upon a
3later arrest for the same or similar offense or for the purpose
4of sentencing for any subsequent felony. Upon conviction for
5any subsequent offense, the Department of Corrections shall
6have access to all sealed records of the Department pertaining
7to that individual. Upon entry of the order of sealing, the
8circuit court clerk shall promptly mail a copy of the order to
9the person who was granted the certificate of eligibility for
10sealing.
11    (e-6) Whenever a person who has been convicted of an
12offense is granted a certificate of eligibility for expungement
13by the Prisoner Review Board which specifically authorizes
14expungement, he or she may, upon verified petition to the Chief
15Judge of the circuit where the person had been convicted, any
16judge of the circuit designated by the Chief Judge, or in
17counties of less than 3,000,000 inhabitants, the presiding
18trial judge at the petitioner's trial, have a court order
19entered 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 petitioner
24obliterated from the official index requested to be kept by the
25circuit court clerk under Section 16 of the Clerks of Courts
26Act in connection with the arrest and conviction for the

 

 

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1offense for which he or she had been granted the certificate
2but the order shall not affect any index issued by the circuit
3court clerk before the entry of the order. All records sealed
4by the Department may be disseminated by the Department only as
5required by this Act or to the arresting authority, a law
6enforcement agency, the State's Attorney, and the court upon a
7later arrest for the same or similar offense or for the purpose
8of sentencing for any subsequent felony. Upon conviction for
9any subsequent offense, the Department of Corrections shall
10have access to all expunged records of the Department
11pertaining to that individual. Upon entry of the order of
12expungement, the circuit court clerk shall promptly mail a copy
13of the order to the person who was granted the certificate of
14eligibility for expungement.
15    (f) Subject to available funding, the Illinois Department
16of Corrections shall conduct a study of the impact of sealing,
17especially on employment and recidivism rates, utilizing a
18random sample of those who apply for the sealing of their
19criminal records under Public Act 93-211. At the request of the
20Illinois Department of Corrections, records of the Illinois
21Department of Employment Security shall be utilized as
22appropriate to assist in the study. The study shall not
23disclose any data in a manner that would allow the
24identification of any particular individual or employing unit.
25The study shall be made available to the General Assembly no
26later than September 1, 2010.

 

 

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1(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
297-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
31-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
4eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
5eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
69-4-13.)
 
7    Section 15. The Juvenile Court Act of 1987 is amended by
8changing Section 5-915 as follows:
 
9    (705 ILCS 405/5-915)
10    Sec. 5-915. Expungement of juvenile law enforcement and
11court records.
12    (0.05) For purposes of this Section and Section 5-622:
13        "Expunge" means to physically destroy the records and
14    to obliterate the minor's name from any official index or
15    public record, or both. Nothing in this Act shall require
16    the physical destruction of the internal office records,
17    files, or databases maintained by a State's Attorney's
18    Office or other prosecutor.
19        "Law enforcement record" includes but is not limited to
20    records of arrest, station adjustments, fingerprints,
21    probation adjustments, the issuance of a notice to appear,
22    or any other records maintained by a law enforcement agency
23    relating to a minor suspected of committing an offense.
24    (1) Whenever any person has attained the age of 18 or

 

 

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1whenever all juvenile court proceedings relating to that person
2have been terminated, whichever is later, the person may
3petition the court to expunge law enforcement records relating
4to incidents occurring before his or her 18th birthday or his
5or her juvenile court records, or both, but only in the
6following circumstances:
7        (a) the minor was arrested and no petition for
8    delinquency was filed with the clerk of the circuit court;
9    or
10        (b) the minor was charged with an offense and was found
11    not delinquent of that offense; or
12        (c) the minor was placed under supervision pursuant to
13    Section 5-615, and the order of supervision has since been
14    successfully terminated; or
15        (d) the minor was adjudicated for an offense which
16    would be a Class B misdemeanor, Class C misdemeanor, or a
17    petty or business offense if committed by an adult.
18    (1.5) Commencing 180 days after the effective date of this
19amendatory Act of the 98th General Assembly, the Department of
20State Police shall automatically expunge, on or before January
211 of each year, a person's law enforcement records relating to
22incidents occurring before his or her 18th birthday in the
23Department's possession or control and which contains the final
24disposition which pertain to the person when arrested as a
25minor if:
26        (a) the minor was arrested for an eligible offense and

 

 

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1    no petition for delinquency was filed with the clerk of the
2    circuit court; and
3        (b) the person attained the age of 18 years during the
4    last calendar year; and
5        (c) since the date of the minor's most recent arrest,
6    at least 6 months have elapsed without an additional
7    arrest, filing of a petition for delinquency whether
8    related or not to a previous arrest, or filing of charges
9    not initiated by arrest.
10    The Department of State Police shall allow a person to use
11the Access and Review process, established in the Department of
12State Police, for verifying that his or her law enforcement
13records relating to incidents occurring before his or her 18th
14birthday eligible under this subsection have been expunged as
15provided in this subsection.
16    The Department of State Police shall provide by rule the
17process for access, review, and automatic expungement.
18    (1.6) Commencing on the effective date of this amendatory
19Act of the 98th General Assembly, a person whose law
20enforcement records are not subject to subsection (1.5) of this
21Section and who has attained the age of 18 years may use the
22Access and Review process, established in the Department of
23State Police, for verifying his or her law enforcement records
24relating to incidents occurring before his or her 18th birthday
25in the Department's possession or control which pertain to the
26person when arrested as a minor, if the incident occurred no

 

 

SB0978 Enrolled- 38 -LRB098 05217 HEP 35249 b

1earlier than 30 years before the effective date of this
2amendatory Act of the 98th General Assembly. If the person
3identifies a law enforcement record of an eligible offense that
4meets the requirements of this subsection, paragraphs (a) and
5(c) of subsection (1.5) of this Section, and all juvenile court
6proceedings related to the person have been terminated, the
7person may file a Request for Expungement of Juvenile Law
8Enforcement Records, in the form and manner prescribed by the
9Department of State Police, with the Department and the
10Department shall consider expungement of the record as
11otherwise provided for automatic expungement under subsection
12(1.5) of this Section. The person shall provide notice and a
13copy of the Request for Expungement of Juvenile Law Enforcement
14Records to the arresting agency, prosecutor charged with the
15prosecution of the minor, or the State's Attorney of the county
16that prosecuted the minor. The Department of State Police shall
17provide by rule the process for access, review, and Request for
18Expungement of Juvenile Law Enforcement Records.
19    (1.7) Nothing in subsections (1.5) and (1.6) of this
20Section precludes a person from filing a petition under
21subsection (1) for expungement of records subject to automatic
22expungement under subsection (1.5) or (1.6) of this Section.
23    (1.8) For the purposes of subsections (1.5) and (1.6) of
24this Section, "eligible offense" means records relating to an
25arrest or incident occurring before the person's 18th birthday
26that if committed by an adult is not an offense classified as a

 

 

SB0978 Enrolled- 39 -LRB098 05217 HEP 35249 b

1Class 2 felony or higher offense, an offense under Article 11
2of the Criminal Code of 1961 or the Criminal Code of 2012, or
3an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
4of the Criminal Code of 1961.
5    (2) Any person may petition the court to expunge all law
6enforcement records relating to any incidents occurring before
7his or her 18th birthday which did not result in proceedings in
8criminal court and all juvenile court records with respect to
9any adjudications except those based upon first degree murder
10and sex offenses which would be felonies if committed by an
11adult, if the person for whom expungement is sought has had no
12convictions for any crime since his or her 18th birthday and:
13        (a) has attained the age of 21 years; or
14        (b) 5 years have elapsed since all juvenile court
15    proceedings relating to him or her have been terminated or
16    his or her commitment to the Department of Juvenile Justice
17    pursuant to this Act has been terminated;
18whichever is later of (a) or (b). Nothing in this Section 5-915
19precludes a minor from obtaining expungement under Section
205-622.
21    (2.5) If a minor is arrested and no petition for
22delinquency is filed with the clerk of the circuit court as
23provided in paragraph (a) of subsection (1) at the time the
24minor is released from custody, the youth officer, if
25applicable, or other designated person from the arresting
26agency, shall notify verbally and in writing to the minor or

 

 

SB0978 Enrolled- 40 -LRB098 05217 HEP 35249 b

1the minor's parents or guardians that if the State's Attorney
2does not file a petition for delinquency, the minor has a right
3to petition to have his or her arrest record expunged when the
4minor attains the age of 18 or when all juvenile court
5proceedings relating to that minor have been terminated and
6that unless a petition to expunge is filed, the minor shall
7have an arrest record and shall provide the minor and the
8minor's parents or guardians with an expungement information
9packet, including a petition to expunge juvenile records
10obtained from the clerk of the circuit court.
11    (2.6) If a minor is charged with an offense and is found
12not delinquent of that offense; or if a minor is placed under
13supervision under Section 5-615, and the order of supervision
14is successfully terminated; or if a minor is adjudicated for an
15offense that would be a Class B misdemeanor, a Class C
16misdemeanor, or a business or petty offense if committed by an
17adult; or if a minor has incidents occurring before his or her
1818th birthday that have not resulted in proceedings in criminal
19court, or resulted in proceedings in juvenile court, and the
20adjudications were not based upon first degree murder or sex
21offenses that would be felonies if committed by an adult; then
22at the time of sentencing or dismissal of the case, the judge
23shall inform the delinquent minor of his or her right to
24petition for expungement as provided by law, and the clerk of
25the circuit court shall provide an expungement information
26packet to the delinquent minor, written in plain language,

 

 

SB0978 Enrolled- 41 -LRB098 05217 HEP 35249 b

1including a petition for expungement, a sample of a completed
2petition, expungement instructions that shall include
3information informing the minor that (i) once the case is
4expunged, it shall be treated as if it never occurred, (ii) he
5or she may apply to have petition fees waived, (iii) once he or
6she obtains an expungement, he or she may not be required to
7disclose that he or she had a juvenile record, and (iv) he or
8she may file the petition on his or her own or with the
9assistance of an attorney. The failure of the judge to inform
10the delinquent minor of his or her right to petition for
11expungement as provided by law does not create a substantive
12right, nor is that failure grounds for: (i) a reversal of an
13adjudication of delinquency, (ii) a new trial; or (iii) an
14appeal.
15    (2.7) For counties with a population over 3,000,000, the
16clerk of the circuit court shall send a "Notification of a
17Possible Right to Expungement" post card to the minor at the
18address last received by the clerk of the circuit court on the
19date that the minor attains the age of 18 based on the
20birthdate provided to the court by the minor or his or her
21guardian in cases under paragraphs (b), (c), and (d) of
22subsection (1); and when the minor attains the age of 21 based
23on the birthdate provided to the court by the minor or his or
24her guardian in cases under subsection (2).
25    (2.8) The petition for expungement for subsection (1) may
26include multiple offenses on the same petition and shall be

 

 

SB0978 Enrolled- 42 -LRB098 05217 HEP 35249 b

1substantially in the following form:
2
IN THE CIRCUIT COURT OF ......, ILLINOIS
3
........ JUDICIAL CIRCUIT

 
4IN THE INTEREST OF )    NO.
5                   )
6                   )
7...................)
8(Name of Petitioner)
 
9
PETITION TO EXPUNGE JUVENILE RECORDS
10
(705 ILCS 405/5-915 (SUBSECTION 1))
11
(Please prepare a separate petition for each offense)
12Now comes ............., petitioner, and respectfully requests
13that this Honorable Court enter an order expunging all juvenile
14law enforcement and court records of petitioner and in support
15thereof states that: Petitioner has attained the age of 18,
16his/her birth date being ......, or all Juvenile Court
17proceedings terminated as of ......, whichever occurred later.
18Petitioner was arrested on ..... by the ....... Police
19Department for the offense or offenses of ......., and:
20(Check All That Apply One:)
21( ) a. no petition or petitions were was filed with the Clerk
22of the Circuit Court.
23( ) b. was charged with ...... and was found not delinquent of
24the offense or offenses.

 

 

SB0978 Enrolled- 43 -LRB098 05217 HEP 35249 b

1( ) c. a petition or petitions were was filed and the petition
2or petitions were was dismissed without a finding of
3delinquency on .....
4( ) d. on ....... placed under supervision pursuant to Section
55-615 of the Juvenile Court Act of 1987 and such order of
6supervision successfully terminated on ........
7( ) e. was adjudicated for the offense or offenses, which would
8have been a Class B misdemeanor, a Class C misdemeanor, or a
9petty offense or business offense if committed by an adult.
10Petitioner .... has .... has not been arrested on charges in
11this or any county other than the charges listed above. If
12petitioner has been arrested on additional charges, please list
13the charges below:
14Charge(s): ......
15Arresting Agency or Agencies: ...........
16Disposition/Result: (choose from a. through e., above): .....
17WHEREFORE, the petitioner respectfully requests this Honorable
18Court to (1) order all law enforcement agencies to expunge all
19records of petitioner to this incident or incidents, and (2) to
20order the Clerk of the Court to expunge all records concerning
21the petitioner regarding this incident or incidents.
 
22
......................
23
Petitioner (Signature)

 
24
..........................

 

 

SB0978 Enrolled- 44 -LRB098 05217 HEP 35249 b

1
Petitioner's Street Address

 
2
.....................
3
City, State, Zip Code

 
4
.............................
5
Petitioner's Telephone Number

 
6Pursuant to the penalties of perjury under the Code of Civil
7Procedure, 735 ILCS 5/1-109, I hereby certify that the
8statements in this petition are true and correct, or on
9information and belief I believe the same to be true.
 
10
......................
11
Petitioner (Signature)
12The Petition for Expungement for subsection (2) shall be
13substantially in the following form:
 
14
IN THE CIRCUIT COURT OF ........, ILLINOIS
15
........ JUDICIAL CIRCUIT

 
16IN THE INTEREST OF )    NO.
17                   )
18                   )
19...................)
20(Name of Petitioner)
 

 

 

SB0978 Enrolled- 45 -LRB098 05217 HEP 35249 b

1
PETITION TO EXPUNGE JUVENILE RECORDS
2
(705 ILCS 405/5-915 (SUBSECTION 2))
3
(Please prepare a separate petition for each offense)
4Now comes ............, petitioner, and respectfully requests
5that this Honorable Court enter an order expunging all Juvenile
6Law Enforcement and Court records of petitioner and in support
7thereof states that:
8The incident for which the Petitioner seeks expungement
9occurred before the Petitioner's 18th birthday and did not
10result in proceedings in criminal court and the Petitioner has
11not had any convictions for any crime since his/her 18th
12birthday; and
13The incident for which the Petitioner seeks expungement
14occurred before the Petitioner's 18th birthday and the
15adjudication was not based upon first-degree murder or sex
16offenses which would be felonies if committed by an adult, and
17the Petitioner has not had any convictions for any crime since
18his/her 18th birthday.
19Petitioner was arrested on ...... by the ....... Police
20Department for the offense of ........, and:
21(Check whichever one occurred the latest:)
22( ) a. The Petitioner has attained the age of 21 years, his/her
23birthday being .......; or
24( ) b. 5 years have elapsed since all juvenile court
25proceedings relating to the Petitioner have been terminated; or

 

 

SB0978 Enrolled- 46 -LRB098 05217 HEP 35249 b

1the Petitioner's commitment to the Department of Juvenile
2Justice pursuant to the expungement of juvenile law enforcement
3and court records provisions of the Juvenile Court Act of 1987
4has been terminated. Petitioner ...has ...has not been arrested
5on charges in this or any other county other than the charge
6listed above. If petitioner has been arrested on additional
7charges, please list the charges below:
8Charge(s): ..........
9Arresting Agency or Agencies: .......
10Disposition/Result: (choose from a or b, above): ..........
11WHEREFORE, the petitioner respectfully requests this Honorable
12Court to (1) order all law enforcement agencies to expunge all
13records of petitioner related to this incident, and (2) to
14order the Clerk of the Court to expunge all records concerning
15the petitioner regarding this incident.
 
16
.......................
17
Petitioner (Signature)

 
18
......................
19
Petitioner's Street Address

 
20
.....................
21
City, State, Zip Code
22
.............................
23
Petitioner's Telephone Number

 

 

 

SB0978 Enrolled- 47 -LRB098 05217 HEP 35249 b

1Pursuant to the penalties of perjury under the Code of Civil
2Procedure, 735 ILCS 5/1-109, I hereby certify that the
3statements in this petition are true and correct, or on
4information and belief I believe the same to be true.
5
......................
6
Petitioner (Signature)
7    (3) The chief judge of the circuit in which an arrest was
8made or a charge was brought or any judge of that circuit
9designated by the chief judge may, upon verified petition of a
10person who is the subject of an arrest or a juvenile court
11proceeding under subsection (1) or (2) of this Section, order
12the law enforcement records or official court file, or both, to
13be expunged from the official records of the arresting
14authority, the clerk of the circuit court and the Department of
15State Police. The person whose records are to be expunged shall
16petition the court using the appropriate form containing his or
17her current address and shall promptly notify the clerk of the
18circuit court of any change of address. Notice of the petition
19shall be served upon the State's Attorney or prosecutor charged
20with the duty of prosecuting the offense, the Department of
21State Police, and the arresting agency or agencies by the clerk
22of the circuit court. If an objection is filed within 45 days
23of the notice of the petition, the clerk of the circuit court
24shall set a date for hearing after the 45 day objection period.
25At the hearing the court shall hear evidence on whether the

 

 

SB0978 Enrolled- 48 -LRB098 05217 HEP 35249 b

1expungement should or should not be granted. Unless the State's
2Attorney or prosecutor, the Department of State Police, or an
3arresting agency objects to the expungement within 45 days of
4the notice, the court may enter an order granting expungement.
5The person whose records are to be expunged shall pay the clerk
6of the circuit court a fee equivalent to the cost associated
7with expungement of records by the clerk and the Department of
8State Police. The clerk shall forward a certified copy of the
9order to the Department of State Police, the appropriate
10portion of the fee to the Department of State Police for
11processing, and deliver a certified copy of the order to the
12arresting agency.
13    (3.1) The Notice of Expungement shall be in substantially
14the following form:
15
IN THE CIRCUIT COURT OF ....., ILLINOIS
16
.... JUDICIAL CIRCUIT

 
17IN THE INTEREST OF )    NO.
18                   )
19                   )
20...................)
21(Name of Petitioner)
 
22
NOTICE
23TO:  State's Attorney
24TO:  Arresting Agency

 

 

SB0978 Enrolled- 49 -LRB098 05217 HEP 35249 b

1
2................
3................
4
5................
6................
7TO:  Illinois State Police
8
9.....................
10
11.....................
12ATTENTION: Expungement
13You are hereby notified that on ....., at ....., in courtroom
14..., located at ..., before the Honorable ..., Judge, or any
15judge sitting in his/her stead, I shall then and there present
16a Petition to Expunge Juvenile records in the above-entitled
17matter, at which time and place you may appear.
18
......................
19
Petitioner's Signature
20
...........................
21
Petitioner's Street Address
22
.....................
23
City, State, Zip Code
24
.............................
25
Petitioner's Telephone Number
26
PROOF OF SERVICE

 

 

SB0978 Enrolled- 50 -LRB098 05217 HEP 35249 b

1On the ....... day of ......, 20..., I on oath state that I
2served this notice and true and correct copies of the
3above-checked documents by:
4(Check One:)
5delivering copies personally to each entity to whom they are
6directed;
7or
8by mailing copies to each entity to whom they are directed by
9depositing the same in the U.S. Mail, proper postage fully
10prepaid, before the hour of 5:00 p.m., at the United States
11Postal Depository located at .................
12
.........................................
13
14Signature
15
Clerk of the Circuit Court or Deputy Clerk
16Printed Name of Delinquent Minor/Petitioner: ....
17Address: ........................................
18Telephone Number: ...............................
19    (3.2) The Order of Expungement shall be in substantially
20the following form:
21
IN THE CIRCUIT COURT OF ....., ILLINOIS
22
.... JUDICIAL CIRCUIT

 
23IN THE INTEREST OF )    NO.
24                   )
25                   )

 

 

SB0978 Enrolled- 51 -LRB098 05217 HEP 35249 b

1...................)
2(Name of Petitioner)
 
3DOB ................
4Arresting Agency/Agencies ......
5
ORDER OF EXPUNGEMENT
6
(705 ILCS 405/5-915 (SUBSECTION 3))
7This matter having been heard on the petitioner's motion and
8the court being fully advised in the premises does find that
9the petitioner is indigent or has presented reasonable cause to
10waive all costs in this matter, IT IS HEREBY ORDERED that:
11    ( ) 1. Clerk of Court and Department of State Police costs
12are hereby waived in this matter.
13    ( ) 2. The Illinois State Police Bureau of Identification
14and the following law enforcement agencies expunge all records
15of petitioner relating to an arrest dated ...... for the
16offense of ......
17
Law Enforcement Agencies:
18
.........................
19
.........................
20    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
21Court expunge all records regarding the above-captioned case.
22
ENTER: ......................
23
24JUDGE
25DATED: .......

 

 

SB0978 Enrolled- 52 -LRB098 05217 HEP 35249 b

1Name:
2Attorney for:
3Address: City/State/Zip:
4Attorney Number:
5    (3.3) The Notice of Objection shall be in substantially the
6following form:
7
IN THE CIRCUIT COURT OF ....., ILLINOIS
8
....................... JUDICIAL CIRCUIT

 
9IN THE INTEREST OF )    NO.
10                   )
11                   )
12...................)
13(Name of Petitioner)
 
14
NOTICE OF OBJECTION
15TO:(Attorney, Public Defender, Minor)
16.................................
17.................................
18TO:(Illinois State Police)
19.................................
20.................................
21TO:(Clerk of the Court)
22.................................
23.................................
24TO:(Judge)

 

 

SB0978 Enrolled- 53 -LRB098 05217 HEP 35249 b

1.................................
2.................................
3TO:(Arresting Agency/Agencies)
4.................................
5.................................
6ATTENTION: You are hereby notified that an objection has been
7filed by the following entity regarding the above-named minor's
8petition for expungement of juvenile records:
9( ) State's Attorney's Office;
10( ) Prosecutor (other than State's Attorney's Office) charged
11with the duty of prosecuting the offense sought to be expunged;
12( ) Department of Illinois State Police; or
13( ) Arresting Agency or Agencies.
14The agency checked above respectfully requests that this case
15be continued and set for hearing on whether the expungement
16should or should not be granted.
17DATED: .......
18Name:
19Attorney For:
20Address:
21City/State/Zip:
22Telephone:
23Attorney No.:
24
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
25This matter has been set for hearing on the foregoing
26objection, on ...... in room ...., located at ....., before the

 

 

SB0978 Enrolled- 54 -LRB098 05217 HEP 35249 b

1Honorable ....., Judge, or any judge sitting in his/her stead.
2(Only one hearing shall be set, regardless of the number of
3Notices of Objection received on the same case).
4A copy of this completed Notice of Objection containing the
5court date, time, and location, has been sent via regular U.S.
6Mail to the following entities. (If more than one Notice of
7Objection is received on the same case, each one must be
8completed with the court date, time and location and mailed to
9the following entities):
10( ) Attorney, Public Defender or Minor;
11( ) State's Attorney's Office;
12( ) Prosecutor (other than State's Attorney's Office) charged
13with the duty of prosecuting the offense sought to be expunged;
14( ) Department of Illinois State Police; and
15( ) Arresting agency or agencies.
16Date: ......
17Initials of Clerk completing this section: .....
18    (4) Upon entry of an order expunging records or files, the
19offense, which the records or files concern shall be treated as
20if it never occurred. Law enforcement officers and other public
21offices and agencies shall properly reply on inquiry that no
22record or file exists with respect to the person.
23    (5) Records which have not been expunged are sealed, and
24may be obtained only under the provisions of Sections 5-901,
255-905 and 5-915.
26    (6) Nothing in this Section shall be construed to prohibit

 

 

SB0978 Enrolled- 55 -LRB098 05217 HEP 35249 b

1the maintenance of information relating to an offense after
2records or files concerning the offense have been expunged if
3the information is kept in a manner that does not enable
4identification of the offender. This information may only be
5used for statistical and bona fide research purposes.
6    (6.5) The Department of State Police or any employee of the
7Department shall be immune from civil or criminal liability for
8failure to expunge any records of arrest that are subject to
9expungement under subsection (1.5) or (1.6) of this Section
10because of inability to verify a record. Nothing in subsection
11(1.5) or (1.6) of this Section shall create Department of State
12Police liability or responsibility for the expungement of law
13enforcement records it does not possess.
14    (7)(a) The State Appellate Defender shall establish,
15maintain, and carry out, by December 31, 2004, a juvenile
16expungement program to provide information and assistance to
17minors eligible to have their juvenile records expunged.
18    (b) The State Appellate Defender shall develop brochures,
19pamphlets, and other materials in printed form and through the
20agency's World Wide Web site. The pamphlets and other materials
21shall include at a minimum the following information:
22        (i) An explanation of the State's juvenile expungement
23    process;
24        (ii) The circumstances under which juvenile
25    expungement may occur;
26        (iii) The juvenile offenses that may be expunged;

 

 

SB0978 Enrolled- 56 -LRB098 05217 HEP 35249 b

1        (iv) The steps necessary to initiate and complete the
2    juvenile expungement process; and
3        (v) Directions on how to contact the State Appellate
4    Defender.
5    (c) The State Appellate Defender shall establish and
6maintain a statewide toll-free telephone number that a person
7may use to receive information or assistance concerning the
8expungement of juvenile records. The State Appellate Defender
9shall advertise the toll-free telephone number statewide. The
10State Appellate Defender shall develop an expungement
11information packet that may be sent to eligible persons seeking
12expungement of their juvenile records, which may include, but
13is not limited to, a pre-printed expungement petition with
14instructions on how to complete the petition and a pamphlet
15containing information that would assist individuals through
16the juvenile expungement process.
17    (d) The State Appellate Defender shall compile a statewide
18list of volunteer attorneys willing to assist eligible
19individuals through the juvenile expungement process.
20    (e) This Section shall be implemented from funds
21appropriated by the General Assembly to the State Appellate
22Defender for this purpose. The State Appellate Defender shall
23employ the necessary staff and adopt the necessary rules for
24implementation of this Section.
25    (8)(a) Except with respect to law enforcement agencies, the
26Department of Corrections, State's Attorneys, or other

 

 

SB0978 Enrolled- 57 -LRB098 05217 HEP 35249 b

1prosecutors, an expunged juvenile record may not be considered
2by any private or public entity in employment matters,
3certification, licensing, revocation of certification or
4licensure, or registration. Applications for employment must
5contain specific language that states that the applicant is not
6obligated to disclose expunged juvenile records of conviction
7or arrest. Employers may not ask if an applicant has had a
8juvenile record expunged. Effective January 1, 2005, the
9Department of Labor shall develop a link on the Department's
10website to inform employers that employers may not ask if an
11applicant had a juvenile record expunged and that application
12for employment must contain specific language that states that
13the applicant is not obligated to disclose expunged juvenile
14records of arrest or conviction.
15    (b) A person whose juvenile records have been expunged is
16not entitled to remission of any fines, costs, or other money
17paid as a consequence of expungement. This amendatory Act of
18the 93rd General Assembly does not affect the right of the
19victim of a crime to prosecute or defend a civil action for
20damages.
21    (c) The expungement of juvenile records under Section 5-622
22shall be funded by the additional fine imposed under Section
235-9-1.17 of the Unified Code of Corrections and additional
24appropriations made by the General Assembly for such purpose.
25    (9) The changes made to this Section by Public Act 98-61
26this amendatory Act of the 98th General Assembly apply to law

 

 

SB0978 Enrolled- 58 -LRB098 05217 HEP 35249 b

1enforcement records of a minor who has been arrested or taken
2into custody on or after January 1, 2014 (the effective date of
3Public Act 98-61) this amendatory Act.
4    (10) The changes made in subsection (1.5) of this Section
5by this amendatory Act of the 98th General Assembly apply to
6law enforcement records of a minor who has been arrested or
7taken into custody on or after January 1, 2015. The changes
8made in subsection (1.6) of this Section by this amendatory Act
9of the 98th General Assembly apply to law enforcement records
10of a minor who has been arrested or taken into custody before
11January 1, 2015.
12(Source: P.A. 98-61, eff. 1-1-14; revised 3-27-14.)