HB1831ham007 95TH GENERAL ASSEMBLY

Rep. Constance A. Howard

Filed: 5/13/2008

09500HB1831ham007 LRB095 09795 RLC 50710 a

AMENDMENT TO HOUSE BILL 1831

AMENDMENT NO. ______. Amend House Bill 1831, AS AMENDED, with reference to page and line numbers of House Amendment No. 3, on page 29, line 18, by replacing "subsection (b)" with "subsections (b) and (e),"; and

by replacing lines 13 through 26 on page 35 and lines 1 through 15 on page 36 with the following:

"(e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she may, upon verified petition to the chief judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, may have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the clerk of the circuit court and the Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Department may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Upon entry of the order of expungement, the clerk of the circuit court shall promptly mail a copy of the order to the person who was pardoned.".