SB3007sam001 93RD GENERAL ASSEMBLY 
Sen. John J. Cullerton
Filed: 3/23/2004
 
 

 




 

 		












09300SB3007sam001

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AMENDMENT TO SENATE BILL 3007 




2
    AMENDMENT NO. ______. Amend Senate Bill 3007  by replacing 
3
the title with the following:

4
    "AN ACT concerning the sealing of criminal records."; and
 
5
by replacing everything after the enacting clause with the 
6
following:

 
7
    "Section 5. The Criminal Identification Act is amended  by 
8
changing Section 5 as follows:
 



9
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)



10
    Sec. 5. Arrest reports; expungement. 

11
    (a) All policing bodies of this State shall furnish to the 
12
Department,
daily, in the form and detail the Department 
13
requires, fingerprints and
descriptions of all persons who are 
14
arrested on charges of violating any penal
statute of this 
15
State for offenses that are classified as felonies and Class
A 
16
or B misdemeanors and of all minors of the age of 10 and over 
17
who have been
arrested for an offense which would be a felony 
18
if committed by an adult, and
may forward such fingerprints and 
19
descriptions for minors arrested for Class A
or B misdemeanors.  
20
Moving or nonmoving traffic violations under the Illinois

21
Vehicle Code shall not be reported except for violations of 
22
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
23
addition, conservation offenses,
as defined in the Supreme 
 


 






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Court Rule 501(c), that are classified as Class B
misdemeanors 
2
shall not be reported.

3
    Whenever an adult or minor prosecuted as an adult,
not 
4
having previously been convicted of any criminal offense or 
5
municipal
ordinance violation, charged with a violation of a 
6
municipal ordinance or a
felony or misdemeanor, is acquitted or 
7
released without being convicted,
whether the acquittal or 
8
release occurred before, on, or after the
effective date of 
9
this amendatory Act of 1991, the Chief Judge of the circuit

10
wherein the charge was brought, any judge of that circuit 
11
designated by the
Chief Judge, or in counties of less than 
12
3,000,000 inhabitants, the presiding
trial judge at the 
13
defendant's trial may upon verified petition of the
defendant 
14
order the record of arrest expunged from the official records 
15
of the
arresting authority and the Department and order that 
16
the records of the clerk
of the circuit court be sealed until 
17
further order of the court upon good cause
shown and the name 
18
of the defendant obliterated on the official index required
to 
19
be kept by the circuit court clerk under Section 16 of the 
20
Clerks of Courts
Act, but the order shall not affect any index 
21
issued by the circuit court clerk
before the entry of the 
22
order.  The Department may charge the petitioner a fee

23
equivalent to the cost of processing any order to expunge or 
24
seal the records,
and the fee shall be deposited into the State 
25
Police Services Fund.  The
records of those arrests, however, 
26
that result in a disposition of
supervision for any offense 
27
shall not be expunged from the records of the
arresting 
28
authority or the Department nor impounded by the court until 2 
29
years
after discharge and dismissal of supervision.  Those 
30
records
that result from a supervision for a violation of 
31
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
32
Vehicle Code or a similar provision
of a local ordinance, or 
33
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
34
Criminal Code of 1961, or probation under Section 10 of the 
 


 






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Cannabis
Control Act, Section 410 of the Illinois Controlled 
2
Substances Act, Section
12-4.3(b)(1) and (2) of the Criminal 
3
Code of 1961 (as those provisions
existed before their deletion 
4
by Public Act 89-313), Section 10-102 of the
Illinois 
5
Alcoholism and Other Drug Dependency Act when the judgment of

6
conviction has been vacated, Section 40-10 of the Alcoholism 
7
and Other Drug
Abuse and Dependency Act when the judgment of 
8
conviction has been vacated,
or Section 10 of the Steroid 
9
Control Act shall not be expunged from the records
of the 
10
arresting authority nor impounded by the court until 5 years 
11
after
termination of probation or supervision.  Those records 
12
that result from a
supervision for a violation of Section 
13
11-501 of the Illinois Vehicle Code or
a similar provision of a 
14
local ordinance, shall not be expunged.  All records
set out 
15
above may be ordered by the court to be expunged from the 
16
records of
the arresting authority and impounded by the court 
17
after 5 years, but shall
not be expunged by the Department, but 
18
shall, on court order be sealed by the
Department and may be 
19
disseminated by the Department only as required by law or
to 
20
the arresting authority, the State's Attorney, and the court 
21
upon a later
arrest for the same or a similar offense or for 
22
the purpose of sentencing for
any subsequent felony.  Upon 
23
conviction for any offense, the Department of
Corrections shall 
24
have access to all sealed records of the Department
pertaining 
25
to that individual.

26
    (a-5) Those records maintained by the Department for 
27
persons arrested
prior to their 17th birthday shall be expunged 
28
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

29
    (b) Whenever a person has been convicted of a crime or of 
30
the violation of
a municipal ordinance, in the name of a person 
31
whose identity he has stolen
or otherwise come into possession 
32
of, the aggrieved person from whom the
identity was stolen or 
33
otherwise obtained without authorization, upon learning
of the 
34
person having been arrested using his identity, may, upon 
 


 






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verified
petition to the chief judge of the circuit wherein the 
2
arrest was made,
have a court order entered nunc pro tunc by 
3
the chief judge to correct
the arrest record, conviction 
4
record, if any, and all official records of the
arresting 
5
authority, the Department, other criminal justice agencies, 
6
the
prosecutor, and the trial court concerning such arrest, if 
7
any, by removing his
name from all such records in connection 
8
with the arrest and conviction, if
any, and by inserting in the 
9
records the name of the offender, if known or
ascertainable, in 
10
lieu of the aggrieved's name.  The records of the
clerk of
the 
11
circuit court clerk shall be sealed until further order of the 
12
court upon
good cause shown and the name of the aggrieved 
13
person obliterated on the
official index required to be kept by 
14
the circuit court clerk under Section 16
of the Clerks of 
15
Courts Act, but the order shall not affect any index issued by

16
the circuit court clerk before the entry of the order.  Nothing 
17
in this Section
shall limit the Department of State Police or 
18
other criminal justice agencies
or prosecutors from listing 
19
under an offender's name the false names he or she
has used.  
20
For purposes of this Section, convictions for moving and 
21
nonmoving
traffic violations other than convictions for 
22
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
23
the Illinois Vehicle Code shall not be a bar to
expunging the 
24
record of arrest and court records for
violation of a 
25
misdemeanor or municipal ordinance.

26
    (c) Whenever a person who has been convicted of an offense 
27
is granted
a pardon by the Governor which specifically 
28
authorizes expungement, he may,
upon verified petition to the 
29
chief judge of the circuit where the person had
been convicted, 
30
any judge of the circuit designated by the Chief Judge, or in

31
counties of less than 3,000,000 inhabitants, the presiding 
32
trial judge at the
defendant's trial, may have a court order 
33
entered expunging the record of
arrest from the official 
34
records of the arresting authority and order that the
records 
 


 






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of the clerk of the circuit court and the Department be sealed 
2
until
further order of the court upon good cause shown or as 
3
otherwise provided
herein, and the name of the defendant 
4
obliterated from the official index
requested to be kept by the 
5
circuit court clerk under Section 16 of the Clerks
of Courts 
6
Act in connection with the arrest and conviction for the 
7
offense for
which he had been pardoned but the order shall not 
8
affect any index issued by
the circuit court clerk before the 
9
entry of the order.  All records sealed by
the Department may be 
10
disseminated by the Department only as required by law or
to 
11
the arresting authority, the State's Attorney, and the court 
12
upon a later
arrest for the same or similar offense or for the 
13
purpose of sentencing for any
subsequent felony.  Upon 
14
conviction for any subsequent offense, the Department
of 
15
Corrections shall have access to all sealed records of the 
16
Department
pertaining to that individual.  Upon entry of the 
17
order of expungement, the
clerk of the circuit court shall 
18
promptly mail a copy of the order to the
person who was 
19
pardoned.

20
    (c-5) Whenever a person has been convicted of criminal 
21
sexual assault,
aggravated criminal sexual assault, predatory 
22
criminal sexual assault of a
child, criminal sexual abuse, or 
23
aggravated criminal sexual abuse, the victim
of that offense 
24
may request that the State's Attorney of the county in which

25
the conviction occurred file a verified petition with the 
26
presiding trial judge
at the defendant's trial to have a court 
27
order entered to seal the records of
the clerk of the circuit 
28
court in connection with the proceedings of the trial
court 
29
concerning that offense.  However, the records of the arresting 
30
authority
and the Department of State Police concerning the 
31
offense shall not be
sealed.  The court, upon good cause shown, 
32
shall make the records of the clerk
of the circuit court in 
33
connection with the proceedings of the trial court
concerning 
34
the offense available for public inspection.

 


 






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    (c-6) If a conviction has been set aside on direct review 
2
or on
collateral attack
and the court determines by clear and 
3
convincing evidence that the defendant
was factually innocent 
4
of
the charge, the court shall enter an expungement order as 
5
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
6
of Corrections.

7
    (d) Notice of the petition for subsections (a), (b), and 
8
(c) shall be
served upon the State's Attorney or prosecutor 
9
charged with the duty
of prosecuting the offense, the 
10
Department of State Police, the arresting
agency and the chief 
11
legal officer of the unit of local government
affecting the 
12
arrest.  Unless the State's Attorney or prosecutor, the

13
Department of State Police, the arresting agency or such chief 
14
legal officer
objects to the petition within 30 days from the 
15
date of the notice, the
court shall enter an order granting or 
16
denying the petition. The clerk
of the court shall promptly 
17
mail a copy of the order to the person, the
arresting agency, 
18
the prosecutor, the Department of State Police and such
other 
19
criminal justice agencies as may be ordered by the judge.

20
    (e) Nothing herein shall prevent the Department of State 
21
Police from
maintaining all records of any person who is 
22
admitted to probation upon
terms and conditions and who 
23
fulfills those terms and conditions pursuant
to Section 10 of 
24
the Cannabis Control Act, Section 410 of the Illinois

25
Controlled Substances Act, Section 12-4.3 of the Criminal Code

26
of 1961, Section 10-102 of the Illinois Alcoholism and Other 
27
Drug
Dependency Act, Section 40-10 of the Alcoholism and Other 
28
Drug Abuse and
Dependency Act, or Section 10 of the Steroid 
29
Control Act. 

30
    (f) No court order issued under
pursuant to the expungement 
31
provisions of this
Section shall become final for purposes of 
32
appeal until 30 days after
notice is received by the 
33
Department.  Any court order contrary to the
provisions of this 
34
Section is void.

 


 






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    (g) Except as otherwise provided in subsection (c-5) of 
2
this Section,
the court shall not order the sealing or 
3
expungement of the arrest
records and records of the circuit 
4
court clerk of any person granted
supervision for or convicted 
5
of any sexual offense committed against a minor
under 18 years 
6
of age.  For the purposes of this Section, "sexual offense

7
committed against a minor" includes but is not limited to the 
8
offenses of
indecent solicitation of a child or criminal sexual 
9
abuse when the victim of
such offense is under 18 years of age.

10
    (h) (1) Notwithstanding any other provision of this Act to 
11
the contrary
and cumulative with any rights to expungement of 
12
criminal
records, whenever an adult or minor prosecuted as an 
13
adult charged with a
violation of a municipal ordinance or a 
14
misdemeanor is acquitted or released
without being convicted, 
15
or if the person is convicted but the conviction is
reversed, 
16
or if the person has
been placed on supervision for a 
17
misdemeanor and has not been
convicted of a felony or 
18
misdemeanor or placed on supervision for a
misdemeanor within 3 
19
years after the acquittal or release or reversal of
conviction, 
20
or the
completion of the terms and conditions of the 
21
supervision, if the
acquittal, release, finding of not guilty, 
22
or reversal of conviction occurred
on
or
after the
effective 
23
date of this amendatory Act of the 93rd General Assembly, the

24
Chief Judge of the circuit in which the charge was brought may 
25
have the
official records of the arresting authority, the

26
Department, and the clerk of the circuit court sealed 3 years 
27
after the
dismissal of the charge, the finding of not guilty, 
28
the reversal of conviction,
or the
completion of the terms and 
29
conditions of the supervision,
except those records are subject 
30
to inspection and use by the court for the
purposes of 
31
subsequent sentencing for misdemeanor and felony violations 
32
and
inspection and use by law enforcement agencies and State's 
33
Attorneys or other
prosecutors in carrying out the duties of 
34
their offices.
Except as otherwise provided in subsection (j), 
 


 






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this
This subsection (h) does not apply to persons placed on

2
supervision for:
(1) a violation of Section 11-501 of the 
3
Illinois Vehicle
Code or a similar provision of a local 
4
ordinance; (2) a misdemeanor
violation of Article 11 of the 
5
Criminal Code of 1961 or a similar provision of
a
local 
6
ordinance; (3) a misdemeanor
violation of Section 12-15, 12-30, 
7
or 26-5 of the Criminal Code of 1961 or a
similar
provision of 
8
a local ordinance; (4) a
misdemeanor violation that is a crime 
9
of violence as defined in Section 2 of
the Crime Victims 
10
Compensation Act or a similar provision of a local ordinance;

11
(5) a Class A misdemeanor violation of the Humane Care for 
12
Animals Act; or
(6) any offense or attempted offense that would 
13
subject a person to
registration under the Sex Offender 
14
Registration Act.

15
    (2) Upon acquittal, release without conviction, or being 
16
placed on
supervision,
the person charged with the offense 
17
shall be informed by the court of the right
to have the records 
18
sealed and the procedures for the sealing of the records.
Three 
19
years after the dismissal of the charge, the finding of not 
20
guilty, the
reversal of conviction, or the completion of the 
21
terms and
conditions of the supervision, the defendant
shall 
22
provide the clerk of the
court with a notice of request for 
23
sealing of records and payment of the
applicable fee and a 
24
current
address and shall promptly notify the clerk of the 
25
court
of any change of address. The clerk shall promptly serve 
26
notice that the
person's records are to be sealed on the 
27
State's Attorney or prosecutor charged
with the
duty of 
28
prosecuting the offense, the Department of State Police, the

29
arresting agency and the chief legal officer of the unit of 
30
local
government effecting the arrest.
Unless the State's 
31
Attorney or prosecutor, the Department of
State Police, the 
32
arresting agency or such chief legal officer objects to
sealing 
33
of the records within 90 days of notice
the court shall enter 
34
an
order sealing the defendant's records 3 years after the 
 


 






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dismissal of the
charge, the finding of not guilty, the 
2
reversal of conviction, or the
completion of the terms and 
3
conditions of the supervision.
The clerk of the court shall 
4
promptly serve by mail or in person a copy of the
order to the 
5
person,
the arresting agency, the prosecutor, the Department of

6
State Police and such other criminal justice agencies as may be 
7
ordered
by the judge. If an objection is filed, the court shall 
8
set a date for hearing.
At
the hearing the court shall hear 
9
evidence on whether the sealing of the
records should or should 
10
not be granted.

11
    (3) The clerk may charge
a fee equivalent to the cost 
12
associated with the sealing
of records by the clerk and the 
13
Department of State Police.
The clerk shall forward the 
14
Department of State Police portion of the fee to
the Department 
15
and it shall be
deposited into the State Police Services Fund.

16
    (4) Whenever sealing of records is required under this

17
subsection (h), the notification of the sealing must be given 
18
by the circuit
court where the arrest occurred to the 
19
Department in a form and manner
prescribed by the Department.

20
    (5) An adult or a minor prosecuted as an adult who was 
21
charged with a
violation of a municipal ordinance or a 
22
misdemeanor who was acquitted,
released without being 
23
convicted, convicted and the conviction was
reversed, or placed 
24
on supervision for a
misdemeanor before the date of this 
25
amendatory Act of the 93rd General
Assembly and was not 
26
convicted of a felony or misdemeanor or placed on
supervision 
27
for a misdemeanor for 3 years after the acquittal or release or

28
reversal of conviction, or completion of the
terms and 
29
conditions of the supervision may petition the Chief Judge of 
30
the
circuit in which the charge was brought, any judge of that 
31
circuit in which
the charge was brought, any judge of the 
32
circuit designated by the Chief
Judge, or, in counties of less 
33
than 3,000,000 inhabitants, the presiding trial
judge at that 
34
defendant's trial, to seal the official records of the 
 


 






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arresting
authority, the Department, and the clerk of the 
2
court, except those records
are subject to inspection and use 
3
by the court for the purposes of subsequent
sentencing for 
4
misdemeanor and felony violations and inspection and use by
law 
5
enforcement agencies, the Department of Corrections, and 
6
State's
Attorneys and other prosecutors in carrying out the 
7
duties of their offices.
Except as otherwise provided in 
8
subsection (j), this
This subsection (h) does not apply to 
9
persons placed on
supervision for: (1) a violation of Section 
10
11-501 of the Illinois Vehicle
Code or a similar provision of a 
11
local ordinance; (2) a misdemeanor
violation of Article 11 of 
12
the Criminal Code of 1961 or a similar provision
of a local 
13
ordinance; (3) a misdemeanor violation of Section 12-15, 12-30, 
14
or
26-5 of the Criminal Code of 1961 or a similar provision of 
15
a local ordinance;
(4) a misdemeanor violation that is a crime 
16
of violence as defined in
Section
2 of the Crime Victims 
17
Compensation Act or a similar provision of a local
ordinance; 
18
(5) a Class A misdemeanor violation of the Humane Care for

19
Animals Act; or (6) any offense or attempted offense that would 
20
subject a
person to registration under the Sex Offender 
21
Registration Act.
 The State's Attorney or prosecutor charged 
22
with the duty of
prosecuting the offense, the Department of 
23
State Police, the arresting agency
and the chief legal officer 
24
of the unit of local government effecting the
arrest
shall be 
25
served with a copy of the verified petition and shall have 90 
26
days to
object. If an objection is filed, the court shall set a 
27
date for hearing. At
the
hearing the court shall hear evidence 
28
on whether the sealing of the records
should or should not be 
29
granted. The person whose records are sealed under
the 
30
provisions of this Act shall pay to the clerk of the court and 
31
the
Department of State Police a fee equivalent to the cost 
32
associated
with the sealing of records. The fees shall be paid 
33
to the clerk of the court
who shall forward the appropriate 
34
portion to the Department at the time the
court order to seal

 


 






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the defendant's record is forwarded to the Department for

2
processing. The Department of State Police portion of the fee 
3
shall be
deposited into the
State Police Services Fund.

4
    (i) (1) Notwithstanding any other provision of this Act to 
5
the contrary
and cumulative with any rights to expungement of 
6
criminal
records, whenever an adult or minor prosecuted as an 
7
adult charged with a
violation of a municipal ordinance or a 
8
misdemeanor is convicted of
a misdemeanor and has not been

9
convicted of a felony or misdemeanor or placed on supervision 
10
for a
misdemeanor within 4 years after the
completion of the 
11
sentence, if the
conviction occurred on
or
after the
effective 
12
date of this amendatory Act of the 93rd General Assembly, the

13
Chief Judge of the circuit in which the charge was brought may 
14
have the
official records of the arresting authority, the

15
Department, and the clerk of the circuit court sealed 4 years 
16
after the
completion of the sentence,
except those records are 
17
subject to inspection and use by the court for the
purposes of 
18
subsequent sentencing for misdemeanor and felony violations 
19
and
inspection and use by law enforcement agencies and State's 
20
Attorneys or other
prosecutors in carrying out the duties of 
21
their offices.
Except as otherwise provided in subsection (j), 
22
this
This subsection (i) does not apply to persons convicted 
23
of:
(1) a violation of Section 11-501 of the Illinois Vehicle

24
Code or a similar provision of a local ordinance; (2) a 
25
misdemeanor
violation of Article 11 of the Criminal Code of 
26
1961 or a similar provision of
a
local ordinance; (3) a 
27
misdemeanor
violation of Section 12-15, 12-30, or 26-5 of the 
28
Criminal Code of 1961 or a
similar
provision of a local 
29
ordinance; (4) a
misdemeanor violation that is a crime of 
30
violence as defined in Section 2 of
the Crime Victims 
31
Compensation Act or a similar provision of a local ordinance;

32
(5) a Class A misdemeanor violation of the Humane Care for 
33
Animals Act; or
(6) any offense or attempted offense that would 
34
subject a person to
registration under the Sex Offender 
 


 






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Registration Act.

2
    (2) Upon the conviction of such offense,
the person charged 
3
with the offense shall be informed by the court of the right
to 
4
have the records sealed and the procedures for the sealing of 
5
the records.
Four years after the
completion of the sentence, 
6
the defendant
shall provide the clerk of the
court with a 
7
notice of request for sealing of records and payment of the

8
applicable fee and a current
address and shall promptly notify 
9
the clerk of the court
of any change of address. The clerk 
10
shall promptly serve notice that the
person's records are to be 
11
sealed on the State's Attorney or prosecutor charged
with the

12
duty of prosecuting the offense, the Department of State 
13
Police, the
arresting agency and the chief legal officer of the 
14
unit of local
government effecting the arrest.
Unless the 
15
State's Attorney or prosecutor, the Department of
State Police, 
16
the arresting agency or such chief legal officer objects to

17
sealing of the records within 90 days of notice
the court shall 
18
enter an
order sealing the defendant's records 4 years after 
19
the
completion of the sentence.
The clerk of the court shall 
20
promptly serve by mail or in person a copy of the
order to the 
21
person,
the arresting agency, the prosecutor, the Department of

22
State Police and such other criminal justice agencies as may be 
23
ordered
by the judge. If an objection is filed, the court shall 
24
set a date for hearing.
At
the hearing the court shall hear 
25
evidence on whether the sealing of the
records should or should 
26
not be granted.

27
    (3) The clerk may charge
a fee equivalent to the cost 
28
associated with the sealing
of records by the clerk and the 
29
Department of State Police.
The clerk shall forward the 
30
Department of State Police portion of the fee to
the Department 
31
and it shall be
deposited into the State Police Services Fund.

32
    (4) Whenever sealing of records is required under this

33
subsection (i), the notification of the sealing must be given 
34
by the circuit
court where the arrest occurred to the 
 


 






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1
Department in a form and manner
prescribed by the Department.

2
    (5) An adult or a minor prosecuted as an adult who was 
3
charged with a
violation of a municipal ordinance or a 
4
misdemeanor who was convicted of a
misdemeanor
before the date 
5
of this amendatory Act of the 93rd General
Assembly and was not 
6
convicted of a felony or misdemeanor or placed on
supervision 
7
for a misdemeanor for 4 years after the completion of the 
8
sentence
may petition the Chief Judge of the
circuit in which 
9
the charge was brought, any judge of that circuit in which
the 
10
charge was brought, any judge of the circuit designated by the 
11
Chief
Judge, or, in counties of less than 3,000,000 
12
inhabitants, the presiding trial
judge at that defendant's 
13
trial, to seal the official records of the arresting
authority, 
14
the Department, and the clerk of the court, except those 
15
records
are subject to inspection and use by the court for the 
16
purposes of subsequent
sentencing for misdemeanor and felony 
17
violations and inspection and use by
law enforcement agencies, 
18
the Department of Corrections, and State's
Attorneys and other 
19
prosecutors in carrying out the duties of their offices.
Except 
20
as otherwise provided in subsection (j), this
This subsection 
21
(i) does not apply to persons convicted of: (1) a violation of

22
Section 11-501 of the Illinois Vehicle
Code or a similar 
23
provision of a local ordinance; (2) a misdemeanor
violation of 
24
Article 11 of the Criminal Code of 1961 or a similar provision

25
of a local ordinance; (3) a misdemeanor violation of Section 
26
12-15, 12-30, or
26-5 of the Criminal Code of 1961 or a similar 
27
provision of a local ordinance;
(4) a misdemeanor violation 
28
that is a crime of violence as defined in
Section
2 of the 
29
Crime Victims Compensation Act or a similar provision of a 
30
local
ordinance; (5) a Class A misdemeanor violation of the 
31
Humane Care for
Animals Act; or (6) any offense or attempted 
32
offense that would subject a
person to registration under the 
33
Sex Offender Registration Act.
 The State's Attorney or 
34
prosecutor charged with the duty of
prosecuting the offense, 
 


 






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1
the Department of State Police, the arresting agency
and the 
2
chief legal officer of the unit of local government effecting 
3
the
arrest
shall be served with a copy of the verified petition 
4
and shall have 90 days to
object. If an objection is filed, the 
5
court shall set a date for hearing. At
the
hearing the court 
6
shall hear evidence on whether the sealing of the records

7
should or should not be granted. The person whose records are 
8
sealed under
the provisions of this Act shall pay to the clerk 
9
of the court and the
Department of State Police a fee 
10
equivalent to the cost associated
with the sealing of records. 
11
The fees shall be paid to the clerk of the court
who shall 
12
forward the appropriate portion to the Department at the time 
13
the
court order to seal
the defendant's record is forwarded to 
14
the Department for
processing. The Department of State Police 
15
portion of the fee shall be
deposited into the
State Police 
16
Services Fund.

17
    (j) Subsections (h) and (i) apply to a person placed on 
18
supervision for a  misdemeanor violation of or who is convicted 
19
of a misdemeanor or felony violation of Section 11-14 of the 
20
Criminal Code of 1961, a misdemeanor or Class 4 felony 
21
violation of Section 4 of the Cannabis Control Act, or a 
22
misdemeanor or Class 4 felony violation of Section 402 of the 
23
Illinois Controlled Substances Act or who is acquitted or 
24
released
without being convicted, or whose conviction is

25
reversed for any of those offenses provided that the other 
26
requirements of subsection (h) or (i) are met.
27
    (k) The Illinois Department of Corrections, in cooperation 
28
with the Illinois Department of Employment Security, shall 
29
conduct a blind study utilizing a random sample of those who 
30
apply for the sealing of their criminal records  under Public 
31
Act 93-211. The random sample shall be large enough to have a 
32
margin of error of 3% or less. Utilizing the random sample of 
33
those who applied for the sealing of their criminal records 
34
under Public Act 93-211, the study shall determine for each 
 


 






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1
subject the following: (i) how soon they applied for work after 
2
their release and how many times they applied for employment at 
3
different entities as reported to the Illinois Department of 
4
Employment Security; (ii) how soon they applied for work after 
5
having their records sealed and how many times they applied for 
6
employment at different entities as reported to the Illinois 
7
Department of Employment Security; (iii) their employment 
8
history following their release; and (iv) their employment 
9
history following the sealing of their records.
In addition, if 
10
the subjects were recidivist, the study shall note: (i) when 
11
they were arrested following their release; (ii) when they were 
12
arrested following the sealing of the criminal records; (iii) 
13
how often they were arrested; (iv) what they were arrested for 
14
and  what they were charged with; (v) what sentence they 
15
received, if any; and (vi) how long they were re-incarcerated, 
16
if at all.

The study shall be delivered to the chairpersons of 
17
the House and Senate Judiciary Committees no later than 
18
September 1, 2006.

19
(Source: P.A. 92-651, eff.
7-11-02; 93-210, eff. 7-18-03; 
20
93-211, eff. 1-1-04; revised 8-25-03.)".