Full Text of HB1245 97th General Assembly
HB1245ham001 97TH GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 3/7/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1245
| 2 | | AMENDMENT NO. ______. Amend House Bill 1245 on page 1, by | 3 | | inserting immediately below line 3 the following:
| 4 | | "Section 3. The Criminal Identification Act is amended by | 5 | | changing Section 5.2 as follows: | 6 | | (20 ILCS 2630/5.2) | 7 | | Sec. 5.2. Expungement and sealing. | 8 | | (a) General Provisions. | 9 | | (1) Definitions. In this Act, words and phrases have
| 10 | | the meanings set forth in this subsection, except when a
| 11 | | particular context clearly requires a different meaning. | 12 | | (A) The following terms shall have the meanings | 13 | | ascribed to them in the Unified Code of Corrections, | 14 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 15 | | (i) Business Offense (730 ILCS 5/5-1-2), | 16 | | (ii) Charge (730 ILCS 5/5-1-3), |
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| 1 | | (iii) Court (730 ILCS 5/5-1-6), | 2 | | (iv) Defendant (730 ILCS 5/5-1-7), | 3 | | (v) Felony (730 ILCS 5/5-1-9), | 4 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 5 | | (vii) Judgment (730 ILCS 5/5-1-12), | 6 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 7 | | (ix) Offense (730 ILCS 5/5-1-15), | 8 | | (x) Parole (730 ILCS 5/5-1-16), | 9 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 10 | | (xii) Probation (730 ILCS 5/5-1-18), | 11 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 12 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 13 | | (xv) Victim (730 ILCS 5/5-1-22). | 14 | | (B) As used in this Section, "charge not initiated | 15 | | by arrest" means a charge (as defined by 730 ILCS | 16 | | 5/5-1-3) brought against a defendant where the | 17 | | defendant is not arrested prior to or as a direct | 18 | | result of the charge. | 19 | | (C) "Conviction" means a judgment of conviction or | 20 | | sentence entered upon a plea of guilty or upon a | 21 | | verdict or finding of guilty of an offense, rendered by | 22 | | a legally constituted jury or by a court of competent | 23 | | jurisdiction authorized to try the case without a jury. | 24 | | An order of supervision successfully completed by the | 25 | | petitioner is not a conviction. An order of qualified | 26 | | probation (as defined in subsection (a)(1)(J)) |
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| 1 | | successfully completed by the petitioner is not a | 2 | | conviction. An order of supervision or an order of | 3 | | qualified probation that is terminated | 4 | | unsatisfactorily is a conviction, unless the | 5 | | unsatisfactory termination is reversed, vacated, or | 6 | | modified and the judgment of conviction, if any, is | 7 | | reversed or vacated. | 8 | | (D) "Criminal offense" means a petty offense, | 9 | | business offense, misdemeanor, felony, or municipal | 10 | | ordinance violation (as defined in subsection | 11 | | (a)(1)(H)). As used in this Section, a minor traffic | 12 | | offense (as defined in subsection (a)(1)(G)) shall not | 13 | | be considered a criminal offense. | 14 | | (E) "Expunge" means to physically destroy the | 15 | | records or return them to the petitioner and to | 16 | | obliterate the petitioner's name from any official | 17 | | index or public record, or both. Nothing in this Act | 18 | | shall require the physical destruction of the circuit | 19 | | court file, but such records relating to arrests or | 20 | | charges, or both, ordered expunged shall be impounded | 21 | | as required by subsections (d)(9)(A)(ii) and | 22 | | (d)(9)(B)(ii). | 23 | | (E-5) "Gang member" and "gang-related" have the | 24 | | meanings ascribed to those terms in Section 10 of the | 25 | | Illinois Streetgang Terrorism Omnibus Prevention Act. | 26 | | (F) As used in this Section, "last sentence" means |
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| 1 | | the sentence, order of supervision, or order of | 2 | | qualified probation (as defined by subsection | 3 | | (a)(1)(J)), for a criminal offense (as defined by | 4 | | subsection (a)(1)(D)) that terminates last in time in | 5 | | any jurisdiction, regardless of whether the petitioner | 6 | | has included the criminal offense for which the | 7 | | sentence or order of supervision or qualified | 8 | | probation was imposed in his or her petition. If | 9 | | multiple sentences, orders of supervision, or orders | 10 | | of qualified probation terminate on the same day and | 11 | | are last in time, they shall be collectively considered | 12 | | the "last sentence" regardless of whether they were | 13 | | ordered to run concurrently. | 14 | | (G) "Minor traffic offense" means a petty offense, | 15 | | business offense, or Class C misdemeanor under the | 16 | | Illinois Vehicle Code or a similar provision of a | 17 | | municipal or local ordinance. | 18 | | (H) "Municipal ordinance violation" means an | 19 | | offense defined by a municipal or local ordinance that | 20 | | is criminal in nature and with which the petitioner was | 21 | | charged or for which the petitioner was arrested and | 22 | | released without charging. | 23 | | (I) "Petitioner" means an adult or a minor | 24 | | prosecuted as an
adult who has applied for relief under | 25 | | this Section. | 26 | | (J) "Qualified probation" means an order of |
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| 1 | | probation under Section 10 of the Cannabis Control Act, | 2 | | Section 410 of the Illinois Controlled Substances Act, | 3 | | Section 70 of the Methamphetamine Control and | 4 | | Community Protection Act, Section 12-4.3(b)(1) and (2) | 5 | | of the Criminal Code of 1961 (as those provisions | 6 | | existed before their deletion by Public Act 89-313), | 7 | | Section 10-102 of the Illinois Alcoholism and Other | 8 | | Drug Dependency Act, Section 40-10 of the Alcoholism | 9 | | and Other Drug Abuse and Dependency Act, or Section 10 | 10 | | of the Steroid Control Act. For the purpose of this | 11 | | Section, "successful completion" of an order of | 12 | | qualified probation under Section 10-102 of the | 13 | | Illinois Alcoholism and Other Drug Dependency Act and | 14 | | Section 40-10 of the Alcoholism and Other Drug Abuse | 15 | | and Dependency Act means that the probation was | 16 | | terminated satisfactorily and the judgment of | 17 | | conviction was vacated. | 18 | | (K) "Seal" means to physically and electronically | 19 | | maintain the records, unless the records would | 20 | | otherwise be destroyed due to age, but to make the | 21 | | records unavailable without a court order, subject to | 22 | | the exceptions in Sections 12 and 13 of this Act. The | 23 | | petitioner's name shall also be obliterated from the | 24 | | official index required to be kept by the circuit court | 25 | | clerk under Section 16 of the Clerks of Courts Act, but | 26 | | any index issued by the circuit court clerk before the |
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| 1 | | entry of the order to seal shall not be affected. | 2 | | (L) "Sexual offense committed against a minor" | 3 | | includes but is
not limited to the offenses of indecent | 4 | | solicitation of a child
or criminal sexual abuse when | 5 | | the victim of such offense is
under 18 years of age. | 6 | | (M) "Terminate" as it relates to a sentence or | 7 | | order of supervision or qualified probation includes | 8 | | either satisfactory or unsatisfactory termination of | 9 | | the sentence, unless otherwise specified in this | 10 | | Section. | 11 | | (2) Minor Traffic Offenses.
Orders of supervision or | 12 | | convictions for minor traffic offenses shall not affect a | 13 | | petitioner's eligibility to expunge or seal records | 14 | | pursuant to this Section. | 15 | | (3) Exclusions. Except as otherwise provided in | 16 | | subsections (b)(5), (b)(6), (c)(2)(G), and (e) of this | 17 | | Section, the court shall not order: | 18 | | (A) the sealing or expungement of the records of | 19 | | arrests or charges not initiated by arrest that result | 20 | | in an order of supervision for or conviction of:
(i) | 21 | | any sexual offense committed against a
minor; (ii) | 22 | | Section 11-501 of the Illinois Vehicle Code or a | 23 | | similar provision of a local ordinance; or (iii) | 24 | | Section 11-503 of the Illinois Vehicle Code or a | 25 | | similar provision of a local ordinance. | 26 | | (B) the sealing or expungement of records of minor |
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| 1 | | traffic offenses (as defined in subsection (a)(1)(G)), | 2 | | unless the petitioner was arrested and released | 3 | | without charging. | 4 | | (C) the sealing of the records of arrests or | 5 | | charges not initiated by arrest which result in an | 6 | | order of supervision, an order of qualified probation | 7 | | (as defined in subsection (a)(1)(J)), or a conviction | 8 | | for the following offenses: | 9 | | (i) offenses included in Article 11 of the | 10 | | Criminal Code of 1961 or a similar provision of a | 11 | | local ordinance, except Section 11-14 of the | 12 | | Criminal Code of 1961 or a similar provision of a | 13 | | local ordinance; | 14 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or | 15 | | 26-5 of the Criminal Code of 1961 or a similar | 16 | | provision of a local ordinance; | 17 | | (iii) offenses defined as "crimes of violence" | 18 | | in Section 2 of the Crime Victims Compensation Act | 19 | | or a similar provision of a local ordinance; | 20 | | (iv) offenses which are Class A misdemeanors | 21 | | under the Humane Care for Animals Act; or | 22 | | (v) any offense or attempted offense that | 23 | | would subject a person to registration under the | 24 | | Sex Offender Registration Act. | 25 | | (D) the sealing of the records of an arrest which | 26 | | results in
the petitioner being charged with a felony |
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| 1 | | offense or records of a charge not initiated by arrest | 2 | | for a felony offense unless: | 3 | | (i) the charge is amended to a misdemeanor and | 4 | | is otherwise
eligible to be sealed pursuant to | 5 | | subsection (c); | 6 | | (ii) the charge is brought along with another | 7 | | charge as a part of one case and the charge results | 8 | | in acquittal, dismissal, or conviction when the | 9 | | conviction was reversed or vacated, and another | 10 | | charge brought in the same case results in a | 11 | | disposition for a misdemeanor offense that is | 12 | | eligible to be sealed pursuant to subsection (c) or | 13 | | a disposition listed in paragraph (i), (iii), or | 14 | | (iv) of this subsection; | 15 | | (iii) the charge results in first offender | 16 | | probation as set forth in subsection (c)(2)(E); | 17 | | (iv) the charge is for a Class 4 felony offense | 18 | | listed in subsection (c)(2)(F) or the charge is | 19 | | amended to a Class 4 felony offense listed in | 20 | | subsection (c)(2)(F). Records of arrests which | 21 | | result in the petitioner being charged with a Class | 22 | | 4 felony offense listed in subsection (c)(2)(F), | 23 | | records of charges not initiated by arrest for | 24 | | Class 4 felony offenses listed in subsection | 25 | | (c)(2)(F), and records of charges amended to a | 26 | | Class 4 felony offense listed in (c)(2)(F) may be |
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| 1 | | sealed, regardless of the disposition, subject to | 2 | | any waiting periods set forth in subsection | 3 | | (c)(3); | 4 | | (v) the charge results in acquittal, | 5 | | dismissal, or the petitioner's release without | 6 | | conviction; or | 7 | | (vi) the charge results in a conviction, but | 8 | | the conviction was reversed or vacated. | 9 | | (b) Expungement. | 10 | | (1) A petitioner may petition the circuit court to | 11 | | expunge the
records of his or her arrests and charges not | 12 | | initiated by arrest when: | 13 | | (A) He or she has never been convicted of a | 14 | | criminal offense; and | 15 | | (B) Each arrest or charge not initiated by arrest
| 16 | | sought to be expunged resulted in:
(i) acquittal, | 17 | | dismissal, or the petitioner's release without | 18 | | charging, unless excluded by subsection (a)(3)(B);
| 19 | | (ii) a conviction which was vacated or reversed, unless | 20 | | excluded by subsection (a)(3)(B);
(iii) an order of | 21 | | supervision and such supervision was successfully | 22 | | completed by the petitioner, unless excluded by | 23 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | 24 | | qualified probation (as defined in subsection | 25 | | (a)(1)(J)) and such probation was successfully | 26 | | completed by the petitioner. |
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| 1 | | (2) Time frame for filing a petition to expunge. | 2 | | (A) When the arrest or charge not initiated by | 3 | | arrest sought to be expunged resulted in an acquittal, | 4 | | dismissal, the petitioner's release without charging, | 5 | | or the reversal or vacation of a conviction, there is | 6 | | no waiting period to petition for the expungement of | 7 | | such records. | 8 | | (B) When the arrest or charge not initiated by | 9 | | arrest
sought to be expunged resulted in an order of | 10 | | supervision, successfully
completed by the petitioner, | 11 | | the following time frames will apply: | 12 | | (i) Those arrests or charges that resulted in | 13 | | orders of
supervision under Section 3-707, 3-708, | 14 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 15 | | similar provision of a local ordinance, or under | 16 | | Section 11-1.50, 12-3.2 , or 12-15 of the Criminal | 17 | | Code of 1961 or a similar provision of a local | 18 | | ordinance, shall not be eligible for expungement | 19 | | until 5 years have passed following the | 20 | | satisfactory termination of the supervision. | 21 | | (ii) Those arrests or charges that resulted in | 22 | | orders
of supervision for any other offenses shall | 23 | | not be
eligible for expungement until 2 years have | 24 | | passed
following the satisfactory termination of | 25 | | the supervision. | 26 | | (C) When the arrest or charge not initiated by |
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| 1 | | arrest sought to
be expunged resulted in an order of | 2 | | qualified probation, successfully
completed by the | 3 | | petitioner, such records shall not be eligible for
| 4 | | expungement until 5 years have passed following the | 5 | | satisfactory
termination of the probation. | 6 | | (3) Those records maintained by the Department for
| 7 | | persons arrested prior to their 17th birthday shall be
| 8 | | expunged as provided in Section 5-915 of the Juvenile Court
| 9 | | Act of 1987. | 10 | | (4) Whenever a person has been arrested for or | 11 | | convicted of any
offense, in the name of a person whose | 12 | | identity he or she has stolen or otherwise
come into | 13 | | possession of, the aggrieved person from whom the identity
| 14 | | was stolen or otherwise obtained without authorization,
| 15 | | upon learning of the person having been arrested using his
| 16 | | or her identity, may, upon verified petition to the chief | 17 | | judge of
the circuit wherein the arrest was made, have a | 18 | | court order
entered nunc pro tunc by the Chief Judge to | 19 | | correct the
arrest record, conviction record, if any, and | 20 | | all official
records of the arresting authority, the | 21 | | Department, other
criminal justice agencies, the | 22 | | prosecutor, and the trial
court concerning such arrest, if | 23 | | any, by removing his or her name
from all such records in | 24 | | connection with the arrest and
conviction, if any, and by | 25 | | inserting in the records the
name of the offender, if known | 26 | | or ascertainable, in lieu of
the aggrieved's name. The |
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| 1 | | records of the circuit court clerk shall be sealed until | 2 | | further order of
the court upon good cause shown and the | 3 | | name of the
aggrieved person obliterated on the official | 4 | | index
required to be kept by the circuit court clerk under
| 5 | | Section 16 of the Clerks of Courts Act, but the order shall
| 6 | | not affect any index issued by the circuit court clerk
| 7 | | before the entry of the order. Nothing in this Section
| 8 | | shall limit the Department of State Police or other
| 9 | | criminal justice agencies or prosecutors from listing
| 10 | | under an offender's name the false names he or she has
| 11 | | used. | 12 | | (5) Whenever a person has been convicted of criminal
| 13 | | sexual assault, aggravated criminal sexual assault,
| 14 | | predatory criminal sexual assault of a child, criminal
| 15 | | sexual abuse, or aggravated criminal sexual abuse, the
| 16 | | victim of that offense may request that the State's
| 17 | | Attorney of the county in which the conviction occurred
| 18 | | file a verified petition with the presiding trial judge at
| 19 | | the petitioner's trial to have a court order entered to | 20 | | seal
the records of the circuit court clerk in connection
| 21 | | with the proceedings of the trial court concerning that
| 22 | | offense. However, the records of the arresting authority
| 23 | | and the Department of State Police concerning the offense
| 24 | | shall not be sealed. The court, upon good cause shown,
| 25 | | shall make the records of the circuit court clerk in
| 26 | | connection with the proceedings of the trial court
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| 1 | | concerning the offense available for public inspection. | 2 | | (6) If a conviction has been set aside on direct review
| 3 | | or on collateral attack and the court determines by clear
| 4 | | and convincing evidence that the petitioner was factually
| 5 | | innocent of the charge, the court shall enter an
| 6 | | expungement order as provided in subsection (b) of Section
| 7 | | 5-5-4 of the Unified Code of Corrections. | 8 | | (7) Nothing in this Section shall prevent the | 9 | | Department of
State Police from maintaining all records of | 10 | | any person who
is admitted to probation upon terms and | 11 | | conditions and who
fulfills those terms and conditions | 12 | | pursuant to Section 10
of the Cannabis Control Act, Section | 13 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 14 | | of the
Methamphetamine Control and Community Protection | 15 | | Act,
Section 12-4.3 or subdivision (b)(1) of Section | 16 | | 12-3.05 of the Criminal Code of 1961, Section 10-102
of the | 17 | | Illinois Alcoholism and Other Drug Dependency Act,
Section | 18 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | 19 | | Act, or Section 10 of the Steroid Control Act. | 20 | | (c) Sealing. | 21 | | (1) Applicability. Notwithstanding any other provision | 22 | | of this Act to the contrary, and cumulative with any rights | 23 | | to expungement of criminal records, this subsection | 24 | | authorizes the sealing of criminal records of adults and of | 25 | | minors prosecuted as adults. | 26 | | (2) Eligible Records. The following records may be |
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| 1 | | sealed: | 2 | | (A) All arrests resulting in release without | 3 | | charging; | 4 | | (B) Arrests or charges not initiated by arrest | 5 | | resulting in acquittal, dismissal, or conviction when | 6 | | the conviction was reversed or vacated, except as | 7 | | excluded by subsection (a)(3)(B); | 8 | | (C) Arrests or charges not initiated by arrest | 9 | | resulting in orders of supervision successfully | 10 | | completed by the petitioner, unless excluded by | 11 | | subsection (a)(3); | 12 | | (D) Arrests or charges not initiated by arrest | 13 | | resulting in convictions unless excluded by subsection | 14 | | (a)(3); | 15 | | (E) Arrests or charges not initiated by arrest | 16 | | resulting in orders of first offender probation under | 17 | | Section 10 of the Cannabis Control Act, Section 410 of | 18 | | the Illinois Controlled Substances Act, or Section 70 | 19 | | of the Methamphetamine Control and Community | 20 | | Protection Act; and | 21 | | (F) Arrests or charges not initiated by arrest | 22 | | resulting in Class 4 felony convictions for the | 23 | | following offenses: | 24 | | (i) Section 11-14 of the Criminal Code of 1961; | 25 | | (ii) Section 4 of the Cannabis Control Act; | 26 | | (iii) Section 402 of the Illinois Controlled |
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| 1 | | Substances Act; | 2 | | (iv) the Methamphetamine Precursor Control | 3 | | Act; and | 4 | | (v) the Steroid Control Act ; and . | 5 | | (G) Arrests or charges not initiated by arrest | 6 | | resulting in convictions or orders of supervision for a | 7 | | gang-related offense of a gang member under 21 years of | 8 | | age who has not been previously convicted of, or placed | 9 | | on supervision for, a gang-related offense and who has | 10 | | complied with: (i) community service determined by the | 11 | | court; (ii) completion of educational courses designed | 12 | | to prepare the gang member to pass the high
school | 13 | | level Test of General Educational Development (GED) if | 14 | | the gang member does not have a GED certificate or high | 15 | | school diploma; (iii) a curfew (A) between 11:00 p.m. | 16 | | on Friday and 6:00 a.m. on Saturday;
(B) between 11:00 | 17 | | p.m. on Saturday and 6:00 a.m. on Sunday;
and
(C) | 18 | | between 10:00 p.m. on Sunday to Thursday, inclusive, | 19 | | and 6:00 a.m. on the following day; and (iv) attendance | 20 | | at Life Skills classes conducted by a community college | 21 | | or by a non-profit offender re-entry program under | 22 | | paragraph (14) of subsection (c) of Section 5-5-3 of | 23 | | the Unified Code of Corrections. | 24 | | (3) When Records Are Eligible to Be Sealed. Records | 25 | | identified as eligible under subsection (c)(2) may be | 26 | | sealed as follows: |
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| 1 | | (A) Records identified as eligible under | 2 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 3 | | time. | 4 | | (B) Records identified as eligible under | 5 | | subsection (c)(2)(C) or (c)(2)(G) may be sealed
(i) 3 | 6 | | years after the termination of petitioner's last | 7 | | sentence (as defined in subsection (a)(1)(F)) if the | 8 | | petitioner has never been convicted of a criminal | 9 | | offense (as defined in subsection (a)(1)(D)); or
(ii) 4 | 10 | | years after the termination of the petitioner's last | 11 | | sentence (as defined in subsection (a)(1)(F)) if the | 12 | | petitioner has ever been convicted of a criminal | 13 | | offense (as defined in subsection (a)(1)(D)). | 14 | | (C) Records identified as eligible under | 15 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | 16 | | sealed 4 years after the termination of the | 17 | | petitioner's last sentence (as defined in subsection | 18 | | (a)(1)(F)). | 19 | | (4) Subsequent felony convictions. A person may not | 20 | | have
subsequent felony conviction records sealed as | 21 | | provided in this subsection
(c) if he or she is convicted | 22 | | of any felony offense after the date of the
sealing of | 23 | | prior felony convictions as provided in this subsection | 24 | | (c). The court may, upon conviction for a subsequent felony | 25 | | offense, order the unsealing of prior felony conviction | 26 | | records previously ordered sealed by the court. |
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| 1 | | (5) Notice of eligibility for sealing. Upon entry of a | 2 | | disposition for an eligible record under this subsection | 3 | | (c), the petitioner shall be informed by the court of the | 4 | | right to have the records sealed and the procedures for the | 5 | | sealing of the records. | 6 | | (d) Procedure. The following procedures apply to | 7 | | expungement under subsections (b) and (e), and sealing under | 8 | | subsection (c): | 9 | | (1) Filing the petition. Upon becoming eligible to | 10 | | petition for
the expungement or sealing of records under | 11 | | this Section, the petitioner shall file a petition | 12 | | requesting the expungement
or sealing of records with the | 13 | | clerk of the court where the arrests occurred or the | 14 | | charges were brought, or both. If arrests occurred or | 15 | | charges were brought in multiple jurisdictions, a petition | 16 | | must be filed in each such jurisdiction. The petitioner | 17 | | shall pay the applicable fee, if not waived. | 18 | | (2) Contents of petition. The petition shall be
| 19 | | verified and shall contain the petitioner's name, date of
| 20 | | birth, current address and, for each arrest or charge not | 21 | | initiated by
arrest sought to be sealed or expunged, the | 22 | | case number, the date of
arrest (if any), the identity of | 23 | | the arresting authority, and such
other information as the | 24 | | court may require. During the pendency
of the proceeding, | 25 | | the petitioner shall promptly notify the
circuit court | 26 | | clerk of any change of his or her address. |
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| 1 | | (3) Drug test. The petitioner must attach to the | 2 | | petition proof that the petitioner has passed a test taken | 3 | | within 30 days before the filing of the petition showing | 4 | | the absence within his or her body of all illegal | 5 | | substances as defined by the Illinois Controlled | 6 | | Substances Act, the Methamphetamine Control and Community | 7 | | Protection Act, and the Cannabis Control Act if he or she | 8 | | is petitioning to seal felony records pursuant to clause | 9 | | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | 10 | | petitioning to expunge felony records of a qualified | 11 | | probation pursuant to clause (b)(1)(B)(iv). | 12 | | (4) Service of petition. The circuit court clerk shall | 13 | | promptly
serve a copy of the petition on the State's | 14 | | Attorney or
prosecutor charged with the duty of prosecuting | 15 | | the
offense, the Department of State Police, the arresting
| 16 | | agency and the chief legal officer of the unit of local
| 17 | | government effecting the arrest. | 18 | | (5) Objections. | 19 | | (A) Any party entitled to notice of the petition | 20 | | may file an objection to the petition. All objections | 21 | | shall be in writing, shall be filed with the circuit | 22 | | court clerk, and shall state with specificity the basis | 23 | | of the objection. | 24 | | (B) Objections to a petition to expunge or seal | 25 | | must be filed within 60 days of the date of service of | 26 | | the petition. |
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| 1 | | (6) Entry of order. | 2 | | (A) The Chief Judge of the circuit wherein the | 3 | | charge was brought, any judge of that circuit | 4 | | designated by the Chief Judge, or in counties of less | 5 | | than 3,000,000 inhabitants, the presiding trial judge | 6 | | at the petitioner's trial, if any, shall rule on the | 7 | | petition to expunge or seal as set forth in this | 8 | | subsection (d)(6). | 9 | | (B) Unless the State's Attorney or prosecutor, the | 10 | | Department of
State Police, the arresting agency, or | 11 | | the chief legal officer
files an objection to the | 12 | | petition to expunge or seal within 60 days from the | 13 | | date of service of the petition, the court shall enter | 14 | | an order granting or denying the petition. | 15 | | (7) Hearings. If an objection is filed, the court shall | 16 | | set a date for a hearing and notify the petitioner and all | 17 | | parties entitled to notice of the petition of the hearing | 18 | | date at least 30 days prior to the hearing, and shall hear | 19 | | evidence on whether the petition should or should not be | 20 | | granted, and shall grant or deny the petition to expunge or | 21 | | seal the records based on the evidence presented at the | 22 | | hearing. | 23 | | (8) Service of order. After entering an order to | 24 | | expunge or
seal records, the court must provide copies of | 25 | | the order to the
Department, in a form and manner | 26 | | prescribed by the Department,
to the petitioner, to the |
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| 1 | | State's Attorney or prosecutor
charged with the duty of | 2 | | prosecuting the offense, to the
arresting agency, to the | 3 | | chief legal officer of the unit of
local government | 4 | | effecting the arrest, and to such other
criminal justice | 5 | | agencies as may be ordered by the court. | 6 | | (9) Effect of order. | 7 | | (A) Upon entry of an order to expunge records | 8 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 9 | | (i) the records shall be expunged (as defined | 10 | | in subsection (a)(1)(E)) by the arresting agency, | 11 | | the Department, and any other agency as ordered by | 12 | | the court, within 60 days of the date of service of | 13 | | the order, unless a motion to vacate, modify, or | 14 | | reconsider the order is filed pursuant to | 15 | | paragraph (12) of subsection (d) of this Section; | 16 | | (ii) the records of the circuit court clerk | 17 | | shall be impounded until further order of the court | 18 | | upon good cause shown and the name of the | 19 | | petitioner obliterated on the official index | 20 | | required to be kept by the circuit court clerk | 21 | | under Section 16 of the Clerks of Courts Act, but | 22 | | the order shall not affect any index issued by the | 23 | | circuit court clerk before the entry of the order; | 24 | | and | 25 | | (iii) in response to an inquiry for expunged | 26 | | records, the court, the Department, or the agency |
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| 1 | | receiving such inquiry, shall reply as it does in | 2 | | response to inquiries when no records ever | 3 | | existed. | 4 | | (B) Upon entry of an order to expunge records | 5 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 6 | | (i) the records shall be expunged (as defined | 7 | | in subsection (a)(1)(E)) by the arresting agency | 8 | | and any other agency as ordered by the court, | 9 | | within 60 days of the date of service of the order, | 10 | | unless a motion to vacate, modify, or reconsider | 11 | | the order is filed pursuant to paragraph (12) of | 12 | | subsection (d) of this Section; | 13 | | (ii) the records of the circuit court clerk | 14 | | shall be impounded until further order of the court | 15 | | upon good cause shown and the name of the | 16 | | petitioner obliterated on the official index | 17 | | required to be kept by the circuit court clerk | 18 | | under Section 16 of the Clerks of Courts Act, but | 19 | | the order shall not affect any index issued by the | 20 | | circuit court clerk before the entry of the order; | 21 | | (iii) the records shall be impounded by the
| 22 | | Department within 60 days of the date of service of | 23 | | the order as ordered by the court, unless a motion | 24 | | to vacate, modify, or reconsider the order is filed | 25 | | pursuant to paragraph (12) of subsection (d) of | 26 | | this Section; |
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| 1 | | (iv) records impounded by the Department may | 2 | | be disseminated by the Department only as required | 3 | | by law or to the arresting authority, the State's | 4 | | Attorney, and the court upon a later arrest for the | 5 | | same or a similar offense or for the purpose of | 6 | | sentencing for any subsequent felony, and to the | 7 | | Department of Corrections upon conviction for any | 8 | | offense; and | 9 | | (v) in response to an inquiry for such records | 10 | | from anyone not authorized by law to access such | 11 | | records the court, the Department, or the agency | 12 | | receiving such inquiry shall reply as it does in | 13 | | response to inquiries when no records ever | 14 | | existed. | 15 | | (C) Upon entry of an order to seal records under | 16 | | subsection
(c), the arresting agency, any other agency | 17 | | as ordered by the court, the Department, and the court | 18 | | shall seal the records (as defined in subsection | 19 | | (a)(1)(K)). In response to an inquiry for such records | 20 | | from anyone not authorized by law to access such | 21 | | records the court, the Department, or the agency | 22 | | receiving such inquiry shall reply as it does in | 23 | | response to inquiries when no records ever existed. | 24 | | (10) Fees. The Department may charge the petitioner a | 25 | | fee equivalent to the cost of processing any order to | 26 | | expunge or seal records. Notwithstanding any provision of |
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| 1 | | the Clerks of Courts Act to the contrary, the circuit court | 2 | | clerk may charge a fee equivalent to the cost associated | 3 | | with the sealing or expungement of records by the circuit | 4 | | court clerk. From the total filing fee collected for the | 5 | | petition to seal or expunge, the circuit court clerk shall | 6 | | deposit $10 into the Circuit Court Clerk Operation and | 7 | | Administrative Fund, to be used to offset the costs | 8 | | incurred by the circuit court clerk in performing the | 9 | | additional duties required to serve the petition to seal or | 10 | | expunge on all parties. The circuit court clerk shall | 11 | | collect and forward the Department of State Police portion | 12 | | of the fee to the Department and it shall be deposited in | 13 | | the State Police Services Fund. | 14 | | (11) Final Order. No court order issued under the | 15 | | expungement or sealing provisions of this Section shall | 16 | | become final for purposes of appeal until 30 days after | 17 | | service of the order on the petitioner and all parties | 18 | | entitled to notice of the petition. | 19 | | (12) Motion to Vacate, Modify, or Reconsider. The | 20 | | petitioner or any party entitled to notice may file a | 21 | | motion to vacate, modify, or reconsider the order granting | 22 | | or denying the petition to expunge or seal within 60 days | 23 | | of service of the order. | 24 | | (e) Whenever a person who has been convicted of an offense | 25 | | is granted
a pardon by the Governor which specifically | 26 | | authorizes expungement, he or she may,
upon verified petition |
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| 1 | | to the Chief Judge of the circuit where the person had
been | 2 | | convicted, any judge of the circuit designated by the Chief | 3 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 4 | | presiding trial judge at the
defendant's trial, have a court | 5 | | order entered expunging the record of
arrest from the official | 6 | | records of the arresting authority and order that the
records | 7 | | of the circuit court clerk and the Department be sealed until
| 8 | | further order of the court upon good cause shown or as | 9 | | otherwise provided
herein, and the name of the defendant | 10 | | obliterated from the official index
requested to be kept by the | 11 | | circuit court clerk under Section 16 of the Clerks
of Courts | 12 | | Act in connection with the arrest and conviction for the | 13 | | offense for
which he or she had been pardoned but the order | 14 | | shall not affect any index issued by
the circuit court clerk | 15 | | before the entry of the order. All records sealed by
the | 16 | | Department may be disseminated by the Department only as | 17 | | required by law or
to the arresting authority, the State's | 18 | | Attorney, and the court upon a later
arrest for the same or | 19 | | similar offense or for the purpose of sentencing for any
| 20 | | subsequent felony. Upon conviction for any subsequent offense, | 21 | | the Department
of Corrections shall have access to all sealed | 22 | | records of the Department
pertaining to that individual. Upon | 23 | | entry of the order of expungement, the
circuit court clerk | 24 | | shall promptly mail a copy of the order to the
person who was | 25 | | pardoned. | 26 | | (f) Subject to available funding, the Illinois Department
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| 1 | | of Corrections shall conduct a study of the impact of sealing,
| 2 | | especially on employment and recidivism rates, utilizing a
| 3 | | random sample of those who apply for the sealing of their
| 4 | | criminal records under Public Act 93-211. At the request of the
| 5 | | Illinois Department of Corrections, records of the Illinois
| 6 | | Department of Employment Security shall be utilized as
| 7 | | appropriate to assist in the study. The study shall not
| 8 | | disclose any data in a manner that would allow the
| 9 | | identification of any particular individual or employing unit.
| 10 | | The study shall be made available to the General Assembly no
| 11 | | later than September 1, 2010.
| 12 | | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | 13 | | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | 14 | | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | 15 | | eff. 8-19-11; revised 9-6-11.)"; and | 16 | | on page 1, line 5, by replacing "Section 5-710" with "Sections | 17 | | 5-710 and 5-901"; and | 18 | | on page 13, by inserting immediately below line 5 the | 19 | | following:
| 20 | | "(705 ILCS 405/5-901)
| 21 | | Sec. 5-901. Court file.
| 22 | | (1) The Court file with respect to proceedings under this
| 23 | | Article shall consist of the petitions, pleadings, victim |
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| 1 | | impact statements,
process,
service of process, orders, writs | 2 | | and docket entries reflecting hearings held
and judgments and | 3 | | decrees entered by the court. The court file shall be
kept | 4 | | separate from other records of the court.
| 5 | | (a) The file, including information identifying the | 6 | | victim or alleged
victim of any sex
offense, shall be | 7 | | disclosed only to the following parties when necessary for
| 8 | | discharge of their official duties:
| 9 | | (i) A judge of the circuit court and members of the | 10 | | staff of the court
designated by the judge;
| 11 | | (ii) Parties to the proceedings and their | 12 | | attorneys;
| 13 | | (iii) Victims and their attorneys, except in cases | 14 | | of multiple victims
of
sex offenses in which case the | 15 | | information identifying the nonrequesting
victims | 16 | | shall be redacted;
| 17 | | (iv) Probation officers, law enforcement officers | 18 | | or prosecutors or
their
staff;
| 19 | | (v) Adult and juvenile Prisoner Review Boards.
| 20 | | (b) The Court file redacted to remove any information | 21 | | identifying the
victim or alleged victim of any sex offense | 22 | | shall be disclosed only to the
following parties when | 23 | | necessary for discharge of their official duties:
| 24 | | (i) Authorized military personnel;
| 25 | | (ii) Persons engaged in bona fide research, with | 26 | | the permission of the
judge of the juvenile court and |
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| 1 | | the chief executive of the agency that prepared
the
| 2 | | particular recording: provided that publication of | 3 | | such research results in no
disclosure of a minor's | 4 | | identity and protects the confidentiality of the
| 5 | | record;
| 6 | | (iii) The Secretary of State to whom the Clerk of | 7 | | the Court shall report
the disposition of all cases, as | 8 | | required in Section 6-204 or Section 6-205.1
of the | 9 | | Illinois
Vehicle Code. However, information reported | 10 | | relative to these offenses shall
be privileged and | 11 | | available only to the Secretary of State, courts, and | 12 | | police
officers;
| 13 | | (iv) The administrator of a bonafide substance | 14 | | abuse student
assistance program with the permission | 15 | | of the presiding judge of the
juvenile court;
| 16 | | (v) Any individual, or any public or private agency | 17 | | or institution,
having
custody of the juvenile under | 18 | | court order or providing educational, medical or
| 19 | | mental health services to the juvenile or a | 20 | | court-approved advocate for the
juvenile or any | 21 | | placement provider or potential placement provider as
| 22 | | determined by the court.
| 23 | | (3) A minor who is the victim or alleged victim in a | 24 | | juvenile proceeding
shall be
provided the same confidentiality | 25 | | regarding disclosure of identity as the
minor who is the | 26 | | subject of record.
Information identifying victims and alleged |
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| 1 | | victims of sex offenses,
shall not be disclosed or open to | 2 | | public inspection under any circumstances.
Nothing in this | 3 | | Section shall prohibit the victim or alleged victim of any sex
| 4 | | offense from voluntarily disclosing his or her identity.
| 5 | | (4) Relevant information, reports and records shall be made | 6 | | available to the
Department of
Juvenile Justice when a juvenile | 7 | | offender has been placed in the custody of the
Department of | 8 | | Juvenile Justice.
| 9 | | (5) Except as otherwise provided in this subsection (5), | 10 | | juvenile court
records shall not be made available to the | 11 | | general public
but may be inspected by representatives of | 12 | | agencies, associations and news
media or other properly | 13 | | interested persons by general or special order of
the court. | 14 | | The State's Attorney, the minor, his or her parents, guardian | 15 | | and
counsel
shall at all times have the right to examine court | 16 | | files and records.
| 17 | | (a) The
court shall allow the general public to have | 18 | | access to the name, address, and
offense of a minor
who is | 19 | | adjudicated a delinquent minor under this Act under either | 20 | | of the
following circumstances:
| 21 | | (i) The
adjudication of
delinquency was based upon | 22 | | the
minor's
commission of first degree murder, attempt | 23 | | to commit first degree
murder, aggravated criminal | 24 | | sexual assault, or criminal sexual assault; or
| 25 | | (ii) The court has made a finding that the minor | 26 | | was at least 13 years
of
age
at the time the act was |
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| 1 | | committed and the adjudication of delinquency was | 2 | | based
upon the minor's commission of: (A)
an act in | 3 | | furtherance of the commission of a felony as a member | 4 | | of or on
behalf of a criminal street
gang, except that | 5 | | the name, address, and
offense of a minor
who is | 6 | | adjudicated a delinquent minor under this Act shall not | 7 | | be disclosed if the minor complies with the provisions | 8 | | of clauses (i) through (iv) of subsection (13) of | 9 | | Section 5-710 of this Act, (B) an act involving the use | 10 | | of a firearm in the commission of a
felony, (C) an act | 11 | | that would be a Class X felony offense
under or
the | 12 | | minor's second or subsequent
Class 2 or greater felony | 13 | | offense under the Cannabis Control Act if committed
by | 14 | | an adult,
(D) an act that would be a second or | 15 | | subsequent offense under Section 402 of
the Illinois | 16 | | Controlled Substances Act if committed by an adult, (E) | 17 | | an act
that would be an offense under Section 401 of | 18 | | the Illinois Controlled
Substances Act if committed by | 19 | | an adult, or (F) an act that would be an offense under | 20 | | the Methamphetamine Control and Community Protection | 21 | | Act if committed by an adult.
| 22 | | (b) The court
shall allow the general public to have | 23 | | access to the name, address, and offense
of a minor who is | 24 | | at least 13 years of age at
the time the offense
is | 25 | | committed and who is convicted, in criminal proceedings
| 26 | | permitted or required under Section 5-805, under either of
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| 1 | | the following
circumstances:
| 2 | | (i) The minor has been convicted of first degree | 3 | | murder, attempt
to commit first degree
murder, | 4 | | aggravated criminal sexual
assault, or criminal sexual | 5 | | assault,
| 6 | | (ii) The court has made a finding that the minor | 7 | | was at least 13 years
of age
at the time the offense | 8 | | was committed and the conviction was based upon the
| 9 | | minor's commission of: (A)
an offense in
furtherance of | 10 | | the commission of a felony as a member of or on behalf | 11 | | of a
criminal street gang, (B) an offense
involving the | 12 | | use of a firearm in the commission of a felony, (C)
a | 13 | | Class X felony offense under the Cannabis Control Act | 14 | | or a second or
subsequent Class 2 or
greater felony | 15 | | offense under the Cannabis Control Act, (D) a
second or | 16 | | subsequent offense under Section 402 of the Illinois
| 17 | | Controlled Substances Act, (E) an offense under | 18 | | Section 401 of the Illinois
Controlled Substances Act, | 19 | | or (F) an offense under the Methamphetamine Control and | 20 | | Community Protection Act.
| 21 | | (6) Nothing in this Section shall be construed to limit the | 22 | | use of a
adjudication of delinquency as
evidence in any | 23 | | juvenile or criminal proceeding, where it would otherwise be
| 24 | | admissible under the rules of evidence, including but not | 25 | | limited to, use as
impeachment evidence against any witness, | 26 | | including the minor if he or she
testifies.
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| 1 | | (7) Nothing in this Section shall affect the right of a | 2 | | Civil Service
Commission or appointing authority examining the | 3 | | character and fitness of
an applicant for a position as a law | 4 | | enforcement officer to ascertain
whether that applicant was | 5 | | ever adjudicated to be a delinquent minor and,
if so, to | 6 | | examine the records or evidence which were made in
proceedings | 7 | | under this Act.
| 8 | | (8) Following any adjudication of delinquency for a crime | 9 | | which would be
a felony if committed by an adult, or following | 10 | | any adjudication of delinquency
for a violation of Section | 11 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | 12 | | State's Attorney shall ascertain
whether the minor respondent | 13 | | is enrolled in school and, if so, shall provide
a copy of the | 14 | | sentencing order to the principal or chief administrative
| 15 | | officer of the school. Access to such juvenile records shall be | 16 | | limited
to the principal or chief administrative officer of the | 17 | | school and any guidance
counselor designated by him or her.
| 18 | | (9) Nothing contained in this Act prevents the sharing or
| 19 | | disclosure of information or records relating or pertaining to | 20 | | juveniles
subject to the provisions of the Serious Habitual | 21 | | Offender Comprehensive
Action Program when that information is | 22 | | used to assist in the early
identification and treatment of | 23 | | habitual juvenile offenders.
| 24 | | (11) The Clerk of the Circuit Court shall report to the | 25 | | Department of
State
Police, in the form and manner required by | 26 | | the Department of State Police, the
final disposition of each |
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| 1 | | minor who has been arrested or taken into custody
before his or | 2 | | her 17th birthday for those offenses required to be reported
| 3 | | under Section 5 of the Criminal Identification Act. Information | 4 | | reported to
the Department under this Section may be maintained | 5 | | with records that the
Department files under Section 2.1 of the | 6 | | Criminal Identification Act.
| 7 | | (12) Information or records may be disclosed to the general | 8 | | public when the
court is conducting hearings under Section | 9 | | 5-805 or 5-810.
| 10 | | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06 .)".
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