Full Text of HB2470 98th General Assembly
HB2470ham001 98TH GENERAL ASSEMBLY | Rep. Arthur Turner Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2470
| 2 | | AMENDMENT NO. ______. Amend House Bill 2470 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Identification Act is amended by | 5 | | changing Sections 5.2 and 14 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 | | (F) As used in this Section, "last sentence" means | 24 | | the sentence, order of supervision, or order of | 25 | | qualified probation (as defined by subsection | 26 | | (a)(1)(J)), for a criminal offense (as defined by |
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| 1 | | subsection (a)(1)(D)) that terminates last in time in | 2 | | any jurisdiction, regardless of whether the petitioner | 3 | | has included the criminal offense for which the | 4 | | sentence or order of supervision or qualified | 5 | | probation was imposed in his or her petition. If | 6 | | multiple sentences, orders of supervision, or orders | 7 | | of qualified probation terminate on the same day and | 8 | | are last in time, they shall be collectively considered | 9 | | the "last sentence" regardless of whether they were | 10 | | ordered to run concurrently. | 11 | | (G) "Minor traffic offense" means a petty offense, | 12 | | business offense, or Class C misdemeanor under the | 13 | | Illinois Vehicle Code or a similar provision of a | 14 | | municipal or local ordinance. | 15 | | (H) "Municipal ordinance violation" means an | 16 | | offense defined by a municipal or local ordinance that | 17 | | is criminal in nature and with which the petitioner was | 18 | | charged or for which the petitioner was arrested and | 19 | | released without charging. | 20 | | (I) "Petitioner" means an adult or a minor | 21 | | prosecuted as an
adult who has applied for relief under | 22 | | this Section. | 23 | | (J) "Qualified probation" means an order of | 24 | | probation under Section 10 of the Cannabis Control Act, | 25 | | Section 410 of the Illinois Controlled Substances Act, | 26 | | Section 70 of the Methamphetamine Control and |
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| 1 | | Community Protection Act, Section 5-6-3.3 of the | 2 | | Unified Code of Corrections, Section 12-4.3(b)(1) and | 3 | | (2) of the Criminal Code of 1961 (as those provisions | 4 | | existed before their deletion by Public Act 89-313), | 5 | | Section 10-102 of the Illinois Alcoholism and Other | 6 | | Drug Dependency Act, Section 40-10 of the Alcoholism | 7 | | and Other Drug Abuse and Dependency Act, or Section 10 | 8 | | of the Steroid Control Act. For the purpose of this | 9 | | Section, "successful completion" of an order of | 10 | | qualified probation under Section 10-102 of the | 11 | | Illinois Alcoholism and Other Drug Dependency Act and | 12 | | Section 40-10 of the Alcoholism and Other Drug Abuse | 13 | | and Dependency Act means that the probation was | 14 | | terminated satisfactorily and the judgment of | 15 | | conviction was vacated. | 16 | | (K) "Seal" means to physically and electronically | 17 | | maintain the records, unless the records would | 18 | | otherwise be destroyed due to age, but to make the | 19 | | records unavailable without a court order, subject to | 20 | | the exceptions in Sections 12 and 13 of this Act. The | 21 | | petitioner's name shall also be obliterated from the | 22 | | official index required to be kept by the circuit court | 23 | | clerk under Section 16 of the Clerks of Courts Act, but | 24 | | any index issued by the circuit court clerk before the | 25 | | entry of the order to seal shall not be affected. | 26 | | (L) "Sexual offense committed against a minor" |
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| 1 | | includes but is
not limited to the offenses of indecent | 2 | | solicitation of a child
or criminal sexual abuse when | 3 | | the victim of such offense is
under 18 years of age. | 4 | | (M) "Terminate" as it relates to a sentence or | 5 | | order of supervision or qualified probation includes | 6 | | either satisfactory or unsatisfactory termination of | 7 | | the sentence, unless otherwise specified in this | 8 | | Section. | 9 | | (2) Minor Traffic Offenses.
Orders of supervision or | 10 | | convictions for minor traffic offenses shall not affect a | 11 | | petitioner's eligibility to expunge or seal records | 12 | | pursuant to this Section. | 13 | | (3) Exclusions. Except as otherwise provided in | 14 | | subsections (b)(5), (b)(6), (e), and (e-5) of this Section, | 15 | | the court shall not order: | 16 | | (A) the sealing or expungement of the records of | 17 | | arrests or charges not initiated by arrest that result | 18 | | in an order of supervision for or conviction of:
(i) | 19 | | any sexual offense committed against a
minor; (ii) | 20 | | Section 11-501 of the Illinois Vehicle Code or a | 21 | | similar provision of a local ordinance; or (iii) | 22 | | Section 11-503 of the Illinois Vehicle Code or a | 23 | | similar provision of a local ordinance, unless the | 24 | | arrest or charge is for a misdemeanor violation of | 25 | | subsection (a) of Section 11-503 or a similar provision | 26 | | of a local ordinance, that occurred prior to the |
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| 1 | | offender reaching the age of 25 years and the offender | 2 | | has no other conviction for violating Section 11-501 or | 3 | | 11-503 of the Illinois Vehicle Code or a similar | 4 | | provision of a local ordinance. | 5 | | (B) the sealing or expungement of records of minor | 6 | | traffic offenses (as defined in subsection (a)(1)(G)), | 7 | | unless the petitioner was arrested and released | 8 | | without charging. | 9 | | (C) the sealing of the records of arrests or | 10 | | charges not initiated by arrest which result in an | 11 | | order of supervision, an order of qualified probation | 12 | | (as defined in subsection (a)(1)(J)), or a conviction | 13 | | for the following offenses: | 14 | | (i) offenses included in Article 11 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012 | 16 | | or a similar provision of a local ordinance, except | 17 | | Section 11-14 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012, or a similar provision of a | 19 | | local ordinance; | 20 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 21 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, or a similar provision of a | 23 | | local ordinance; | 24 | | (iii) offenses defined as "crimes of violence" | 25 | | in Section 2 of the Crime Victims Compensation Act | 26 | | or a similar provision of a local ordinance; |
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| 1 | | (iv) offenses which are Class A misdemeanors | 2 | | under the Humane Care for Animals Act; or | 3 | | (v) any offense or attempted offense that | 4 | | would subject a person to registration under the | 5 | | Sex Offender Registration Act. | 6 | | (D) the sealing of the records of an arrest which | 7 | | results in
the petitioner being charged with a felony | 8 | | offense or records of a charge not initiated by arrest | 9 | | for a felony offense unless: | 10 | | (i) the charge is amended to a misdemeanor and | 11 | | is otherwise
eligible to be sealed pursuant to | 12 | | subsection (c); | 13 | | (ii) the charge is brought along with another | 14 | | charge as a part of one case and the charge results | 15 | | in acquittal, dismissal, or conviction when the | 16 | | conviction was reversed or vacated, and another | 17 | | charge brought in the same case results in a | 18 | | disposition for a misdemeanor offense that is | 19 | | eligible to be sealed pursuant to subsection (c) or | 20 | | a disposition listed in paragraph (i), (iii), or | 21 | | (iv) of this subsection; | 22 | | (iii) the charge results in first offender | 23 | | probation as set forth in subsection (c)(2)(E); | 24 | | (iv) the charge is for a Class 4 felony offense | 25 | | listed in subsection (c)(2)(F) or the charge is | 26 | | amended to a Class 4 felony offense listed in |
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| 1 | | subsection (c)(2)(F). Records of arrests which | 2 | | result in the petitioner being charged with a Class | 3 | | 4 felony offense listed in subsection (c)(2)(F), | 4 | | records of charges not initiated by arrest for | 5 | | Class 4 felony offenses listed in subsection | 6 | | (c)(2)(F), and records of charges amended to a | 7 | | Class 4 felony offense listed in (c)(2)(F) may be | 8 | | sealed, regardless of the disposition, subject to | 9 | | any waiting periods set forth in subsection | 10 | | (c)(3); | 11 | | (v) the charge results in acquittal, | 12 | | dismissal, or the petitioner's release without | 13 | | conviction; or | 14 | | (vi) the charge results in a conviction, but | 15 | | the conviction was reversed or vacated. | 16 | | (b) Expungement. | 17 | | (1) A petitioner may petition the circuit court to | 18 | | expunge the
records of his or her arrests and charges not | 19 | | initiated by arrest when: | 20 | | (A) He or she has never been convicted of a | 21 | | criminal offense; and | 22 | | (B) Each arrest or charge not initiated by arrest
| 23 | | sought to be expunged resulted in:
(i) acquittal, | 24 | | dismissal, or the petitioner's release without | 25 | | charging, unless excluded by subsection (a)(3)(B);
| 26 | | (ii) a conviction which was vacated or reversed, unless |
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| 1 | | excluded by subsection (a)(3)(B);
(iii) an order of | 2 | | supervision and such supervision was successfully | 3 | | completed by the petitioner, unless excluded by | 4 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | 5 | | qualified probation (as defined in subsection | 6 | | (a)(1)(J)) and such probation was successfully | 7 | | completed by the petitioner. | 8 | | (2) Time frame for filing a petition to expunge. | 9 | | (A) When the arrest or charge not initiated by | 10 | | arrest sought to be expunged resulted in an acquittal, | 11 | | dismissal, the petitioner's release without charging, | 12 | | or the reversal or vacation of a conviction, there is | 13 | | no waiting period to petition for the expungement of | 14 | | such records. | 15 | | (B) When the arrest or charge not initiated by | 16 | | arrest
sought to be expunged resulted in an order of | 17 | | supervision, successfully
completed by the petitioner, | 18 | | the following time frames will apply: | 19 | | (i) Those arrests or charges that resulted in | 20 | | orders of
supervision under Section 3-707, 3-708, | 21 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 22 | | similar provision of a local ordinance, or under | 23 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 24 | | Code of 1961 or the Criminal Code of 2012, or a | 25 | | similar provision of a local ordinance, shall not | 26 | | be eligible for expungement until 5 years have |
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| 1 | | passed following the satisfactory termination of | 2 | | the supervision. | 3 | | (i-5) Those arrests or charges that resulted | 4 | | in orders of supervision for a misdemeanor | 5 | | violation of subsection (a) of Section 11-503 of | 6 | | the Illinois Vehicle Code or a similar provision of | 7 | | a local ordinance, that occurred prior to the | 8 | | offender reaching the age of 25 years and the | 9 | | offender has no other conviction for violating | 10 | | Section 11-501 or 11-503 of the Illinois Vehicle | 11 | | Code or a similar provision of a local ordinance | 12 | | shall not be eligible for expungement until the | 13 | | petitioner has reached the age of 25 years. | 14 | | (ii) Those arrests or charges that resulted in | 15 | | orders
of supervision for any other offenses shall | 16 | | not be
eligible for expungement until 2 years have | 17 | | passed
following the satisfactory termination of | 18 | | the supervision. | 19 | | (C) When the arrest or charge not initiated by | 20 | | arrest sought to
be expunged resulted in an order of | 21 | | qualified probation, successfully
completed by the | 22 | | petitioner, such records shall not be eligible for
| 23 | | expungement until 5 years have passed following the | 24 | | satisfactory
termination of the probation. | 25 | | (3) Those records maintained by the Department for
| 26 | | persons arrested prior to their 17th birthday shall be
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| 1 | | expunged as provided in Section 5-915 of the Juvenile Court
| 2 | | Act of 1987. | 3 | | (4) Whenever a person has been arrested for or | 4 | | convicted of any
offense, in the name of a person whose | 5 | | identity he or she has stolen or otherwise
come into | 6 | | possession of, the aggrieved person from whom the identity
| 7 | | was stolen or otherwise obtained without authorization,
| 8 | | upon learning of the person having been arrested using his
| 9 | | or her identity, may, upon verified petition to the chief | 10 | | judge of
the circuit wherein the arrest was made, have a | 11 | | court order
entered nunc pro tunc by the Chief Judge to | 12 | | correct the
arrest record, conviction record, if any, and | 13 | | all official
records of the arresting authority, the | 14 | | Department, other
criminal justice agencies, the | 15 | | prosecutor, and the trial
court concerning such arrest, if | 16 | | any, by removing his or her name
from all such records in | 17 | | connection with the arrest and
conviction, if any, and by | 18 | | inserting in the records the
name of the offender, if known | 19 | | or ascertainable, in lieu of
the aggrieved's name. The | 20 | | records of the circuit court clerk shall be sealed until | 21 | | further order of
the court upon good cause shown and the | 22 | | name of the
aggrieved person obliterated on the official | 23 | | index
required to be kept by the circuit court clerk under
| 24 | | Section 16 of the Clerks of Courts Act, but the order shall
| 25 | | not affect any index issued by the circuit court clerk
| 26 | | before the entry of the order. Nothing in this Section
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| 1 | | shall limit the Department of State Police or other
| 2 | | criminal justice agencies or prosecutors from listing
| 3 | | under an offender's name the false names he or she has
| 4 | | used. | 5 | | (5) Whenever a person has been convicted of criminal
| 6 | | sexual assault, aggravated criminal sexual assault,
| 7 | | predatory criminal sexual assault of a child, criminal
| 8 | | sexual abuse, or aggravated criminal sexual abuse, the
| 9 | | victim of that offense may request that the State's
| 10 | | Attorney of the county in which the conviction occurred
| 11 | | file a verified petition with the presiding trial judge at
| 12 | | the petitioner's trial to have a court order entered to | 13 | | seal
the records of the circuit court clerk in connection
| 14 | | with the proceedings of the trial court concerning that
| 15 | | offense. However, the records of the arresting authority
| 16 | | and the Department of State Police concerning the offense
| 17 | | shall not be sealed. The court, upon good cause shown,
| 18 | | shall make the records of the circuit court clerk in
| 19 | | connection with the proceedings of the trial court
| 20 | | concerning the offense available for public inspection. | 21 | | (6) If a conviction has been set aside on direct review
| 22 | | or on collateral attack and the court determines by clear
| 23 | | and convincing evidence that the petitioner was factually
| 24 | | innocent of the charge, the court shall enter an
| 25 | | expungement order as provided in subsection (b) of Section
| 26 | | 5-5-4 of the Unified Code of Corrections. |
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| 1 | | (7) Nothing in this Section shall prevent the | 2 | | Department of
State Police from maintaining all records of | 3 | | any person who
is admitted to probation upon terms and | 4 | | conditions and who
fulfills those terms and conditions | 5 | | pursuant to Section 10
of the Cannabis Control Act, Section | 6 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 7 | | of the
Methamphetamine Control and Community Protection | 8 | | Act,
Section 5-6-3.3 of the Unified Code of Corrections, | 9 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | 10 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 11 | | Section 10-102
of the Illinois Alcoholism and Other Drug | 12 | | Dependency Act,
Section 40-10 of the Alcoholism and Other | 13 | | Drug Abuse and
Dependency Act, or Section 10 of the Steroid | 14 | | Control Act. | 15 | | (c) Sealing. | 16 | | (1) Applicability. Notwithstanding any other provision | 17 | | of this Act to the contrary, and cumulative with any rights | 18 | | to expungement of criminal records, this subsection | 19 | | authorizes the sealing of criminal records of adults and of | 20 | | minors prosecuted as adults. | 21 | | (2) Eligible Records. The following records may be | 22 | | sealed: | 23 | | (A) All arrests resulting in release without | 24 | | charging; | 25 | | (B) Arrests or charges not initiated by arrest | 26 | | resulting in acquittal, dismissal, or conviction when |
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| 1 | | the conviction was reversed or vacated, except as | 2 | | excluded by subsection (a)(3)(B); | 3 | | (C) Arrests or charges not initiated by arrest | 4 | | resulting in orders of supervision successfully | 5 | | completed by the petitioner, unless excluded by | 6 | | subsection (a)(3); | 7 | | (D) Arrests or charges not initiated by arrest | 8 | | resulting in convictions unless excluded by subsection | 9 | | (a)(3); | 10 | | (E) Arrests or charges not initiated by arrest | 11 | | resulting in orders of first offender probation under | 12 | | Section 10 of the Cannabis Control Act, Section 410 of | 13 | | the Illinois Controlled Substances Act, Section 70 of | 14 | | the Methamphetamine Control and Community Protection | 15 | | Act, or Section 5-6-3.3 of the Unified Code of | 16 | | Corrections; and | 17 | | (F) Arrests or charges not initiated by arrest | 18 | | resulting in Class 4 felony convictions for the | 19 | | following offenses: | 20 | | (i) Section 11-14 of the Criminal Code of 1961 | 21 | | or the Criminal Code of 2012; | 22 | | (ii) Section 4 of the Cannabis Control Act; | 23 | | (iii) Section 402 of the Illinois Controlled | 24 | | Substances Act; | 25 | | (iv) the Methamphetamine Precursor Control | 26 | | Act; and |
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| 1 | | (v) the Steroid Control Act. | 2 | | (3) When Records Are Eligible to Be Sealed. Records | 3 | | identified as eligible under subsection (c)(2) may be | 4 | | sealed as follows: | 5 | | (A) Records identified as eligible under | 6 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 7 | | time. | 8 | | (B) Records identified as eligible under | 9 | | subsection (c)(2)(C) may be sealed
(i) 3 years after | 10 | | the termination of petitioner's last sentence (as | 11 | | defined in subsection (a)(1)(F)) if the petitioner has | 12 | | never been convicted of a criminal offense (as defined | 13 | | in subsection (a)(1)(D)); or
(ii) 4 years after the | 14 | | termination of the petitioner's last sentence (as | 15 | | defined in subsection (a)(1)(F)) if the petitioner has | 16 | | ever been convicted of a criminal offense (as defined | 17 | | in subsection (a)(1)(D)). | 18 | | (C) Records identified as eligible under | 19 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | 20 | | sealed 4 years after the termination of the | 21 | | petitioner's last sentence (as defined in subsection | 22 | | (a)(1)(F)). | 23 | | (D) Records identified in subsection | 24 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 25 | | reached the age of 25 years. | 26 | | (4) Subsequent felony convictions. A person may not |
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| 1 | | have
subsequent felony conviction records sealed as | 2 | | provided in this subsection
(c) if he or she is convicted | 3 | | of any felony offense after the date of the
sealing of | 4 | | prior felony convictions as provided in this subsection | 5 | | (c). The court may, upon conviction for a subsequent felony | 6 | | offense, order the unsealing of prior felony conviction | 7 | | records previously ordered sealed by the court. | 8 | | (5) Notice of eligibility for sealing. Upon entry of a | 9 | | disposition for an eligible record under this subsection | 10 | | (c), the petitioner shall be informed by the court of the | 11 | | right to have the records sealed and the procedures for the | 12 | | sealing of the records. | 13 | | (d) Procedure. The following procedures apply to | 14 | | expungement under subsections (b) and (e), and sealing under | 15 | | subsections (c) and (e-5): | 16 | | (1) Filing the petition. Upon becoming eligible to | 17 | | petition for
the expungement or sealing of records under | 18 | | this Section, the petitioner shall file a petition | 19 | | requesting the expungement
or sealing of records with the | 20 | | clerk of the court where the arrests occurred or the | 21 | | charges were brought, or both. If arrests occurred or | 22 | | charges were brought in multiple jurisdictions, a petition | 23 | | must be filed in each such jurisdiction. The petitioner | 24 | | shall pay the applicable fee, if not waived. | 25 | | (2) Contents of petition. The petition shall be
| 26 | | verified and shall contain the petitioner's name, date of
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| 1 | | birth, current address and, for each arrest or charge not | 2 | | initiated by
arrest sought to be sealed or expunged, the | 3 | | case number, the date of
arrest (if any), the identity of | 4 | | the arresting authority, and such
other information as the | 5 | | court may require. During the pendency
of the proceeding, | 6 | | the petitioner shall promptly notify the
circuit court | 7 | | clerk of any change of his or her address. If the | 8 | | petitioner has received a certificate of eligibility for | 9 | | sealing from the Prisoner Review Board under paragraph (10) | 10 | | of subsection (a) of Section 3-3-2 of the Unified Code of | 11 | | Corrections, the certificate shall be attached to the | 12 | | petition. | 13 | | (3) Drug test. The petitioner must attach to the | 14 | | petition proof that the petitioner has passed a test taken | 15 | | within 30 days before the filing of the petition showing | 16 | | the absence within his or her body of all illegal | 17 | | substances as defined by the Illinois Controlled | 18 | | Substances Act, the Methamphetamine Control and Community | 19 | | Protection Act, and the Cannabis Control Act if he or she | 20 | | is petitioning to seal felony records pursuant to clause | 21 | | (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is | 22 | | petitioning to expunge felony records of a qualified | 23 | | probation pursuant to clause (b)(1)(B)(iv). | 24 | | (4) Service of petition. The circuit court clerk shall | 25 | | promptly
serve a copy of the petition on the State's | 26 | | Attorney or
prosecutor charged with the duty of prosecuting |
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| 1 | | the
offense, the Department of State Police, the arresting
| 2 | | agency and the chief legal officer of the unit of local
| 3 | | government effecting the arrest. | 4 | | (5) Objections. | 5 | | (A) Any party entitled to notice of the petition | 6 | | may file an objection to the petition. All objections | 7 | | shall be in writing, shall be filed with the circuit | 8 | | court clerk, and shall state with specificity the basis | 9 | | of the objection. | 10 | | (B) Objections to a petition to expunge or seal | 11 | | must be filed within 60 days of the date of service of | 12 | | the petition. | 13 | | (6) Entry of order. | 14 | | (A) The Chief Judge of the circuit wherein the | 15 | | charge was brought, any judge of that circuit | 16 | | designated by the Chief Judge, or in counties of less | 17 | | than 3,000,000 inhabitants, the presiding trial judge | 18 | | at the petitioner's trial, if any, shall rule on the | 19 | | petition to expunge or seal as set forth in this | 20 | | subsection (d)(6). | 21 | | (B) Unless the State's Attorney or prosecutor, the | 22 | | Department of
State Police, the arresting agency, or | 23 | | the chief legal officer
files an objection to the | 24 | | petition to expunge or seal within 60 days from the | 25 | | date of service of the petition, the court shall enter | 26 | | an order granting or denying the petition. |
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| 1 | | (7) Hearings. If an objection is filed, the court shall | 2 | | set a date for a hearing and notify the petitioner and all | 3 | | parties entitled to notice of the petition of the hearing | 4 | | date at least 30 days prior to the hearing . Prior to the | 5 | | hearing, the State's Attorney shall consult with the | 6 | | Department as to the appropriateness of the relief sought | 7 | | in the petition to expunge or seal. At the hearing, the | 8 | | court , and shall hear evidence on whether the petition | 9 | | should or should not be granted, and shall grant or deny | 10 | | the petition to expunge or seal the records based on the | 11 | | evidence presented at the hearing. | 12 | | (8) Service of order. After entering an order to | 13 | | expunge or
seal records, the court must provide copies of | 14 | | the order to the
Department, in a form and manner | 15 | | prescribed by the Department,
to the petitioner, to the | 16 | | State's Attorney or prosecutor
charged with the duty of | 17 | | prosecuting the offense, to the
arresting agency, to the | 18 | | chief legal officer of the unit of
local government | 19 | | effecting the arrest, and to such other
criminal justice | 20 | | agencies as may be ordered by the court. | 21 | | (9) Implementation Effect of order. | 22 | | (A) Upon entry of an order to expunge records | 23 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 24 | | (i) the records shall be expunged (as defined | 25 | | in subsection (a)(1)(E)) by the arresting agency, | 26 | | the Department, and any other agency as ordered by |
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| 1 | | the court, within 60 days of the date of service of | 2 | | the order, unless a motion to vacate, modify, or | 3 | | reconsider the order is filed pursuant to | 4 | | paragraph (12) of subsection (d) of this Section; | 5 | | (ii) the records of the circuit court clerk | 6 | | shall be impounded until further order of the court | 7 | | upon good cause shown and the name of the | 8 | | petitioner obliterated on the official index | 9 | | required to be kept by the circuit court clerk | 10 | | under Section 16 of the Clerks of Courts Act, but | 11 | | the order shall not affect any index issued by the | 12 | | circuit court clerk before the entry of the order; | 13 | | and | 14 | | (iii) in response to an inquiry for expunged | 15 | | records, the court, the Department, or the agency | 16 | | receiving such inquiry, shall reply as it does in | 17 | | response to inquiries when no records ever | 18 | | existed. | 19 | | (B) Upon entry of an order to expunge records | 20 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 21 | | (i) the records shall be expunged (as defined | 22 | | in subsection (a)(1)(E)) by the arresting agency | 23 | | and any other agency as ordered by the court, | 24 | | within 60 days of the date of service of the order, | 25 | | unless a motion to vacate, modify, or reconsider | 26 | | the order is filed pursuant to paragraph (12) of |
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| 1 | | subsection (d) of this Section; | 2 | | (ii) the records of the circuit court clerk | 3 | | shall be impounded until further order of the court | 4 | | upon good cause shown and the name of the | 5 | | petitioner obliterated on the official index | 6 | | required to be kept by the circuit court clerk | 7 | | under Section 16 of the Clerks of Courts Act, but | 8 | | the order shall not affect any index issued by the | 9 | | circuit court clerk before the entry of the order; | 10 | | (iii) the records shall be impounded by the
| 11 | | Department within 60 days of the date of service of | 12 | | the order as ordered by the court, unless a motion | 13 | | to vacate, modify, or reconsider the order is filed | 14 | | pursuant to paragraph (12) of subsection (d) of | 15 | | this Section; | 16 | | (iv) records impounded by the Department may | 17 | | be disseminated by the Department only as required | 18 | | by law or to the arresting authority, the State's | 19 | | Attorney, and the court upon a later arrest for the | 20 | | same or a similar offense or for the purpose of | 21 | | sentencing for any subsequent felony, and to the | 22 | | Department of Corrections upon conviction for any | 23 | | offense; and | 24 | | (v) in response to an inquiry for such records | 25 | | from anyone not authorized by law to access such | 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 | | (C) Upon entry of an order to seal records under | 5 | | subsection
(c), the arresting agency, any other agency | 6 | | as ordered by the court, the Department, and the court | 7 | | shall seal the records (as defined in subsection | 8 | | (a)(1)(K)). In response to an inquiry for such records | 9 | | from anyone not authorized by law to access such | 10 | | records the court, the Department, or the agency | 11 | | receiving such inquiry shall reply as it does in | 12 | | response to inquiries when no records ever existed. | 13 | | (D) The Department shall send written notice to the | 14 | | petitioner of its compliance with each order to expunge | 15 | | or seal records within 60 days of the date of service | 16 | | of that order or, if a motion to vacate, modify, or | 17 | | reconsider is filed, within 60 days of service of the | 18 | | order resolving the motion, if that order requires the | 19 | | Department to expunge or seal records. In the event of | 20 | | an appeal from the circuit court order, the Department | 21 | | shall send written notice to the petitioner of its | 22 | | compliance with an Appellate Court or Supreme Court | 23 | | judgment to expunge or seal records within 60 days of | 24 | | the issuance of the court's mandate. The notice is not | 25 | | required while any motion to vacate, modify, or | 26 | | reconsider, or any appeal or petition for |
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| 1 | | discretionary appellate review, is pending. | 2 | | (10) Fees. The Department may charge the petitioner a | 3 | | fee equivalent to the cost of processing any order to | 4 | | expunge or seal records. Notwithstanding any provision of | 5 | | the Clerks of Courts Act to the contrary, the circuit court | 6 | | clerk may charge a fee equivalent to the cost associated | 7 | | with the sealing or expungement of records by the circuit | 8 | | court clerk. From the total filing fee collected for the | 9 | | petition to seal or expunge, the circuit court clerk shall | 10 | | deposit $10 into the Circuit Court Clerk Operation and | 11 | | Administrative Fund, to be used to offset the costs | 12 | | incurred by the circuit court clerk in performing the | 13 | | additional duties required to serve the petition to seal or | 14 | | expunge on all parties. The circuit court clerk shall | 15 | | collect and forward the Department of State Police portion | 16 | | of the fee to the Department and it shall be deposited in | 17 | | the State Police Services Fund. | 18 | | (11) Final Order. No court order issued under the | 19 | | expungement or sealing provisions of this Section shall | 20 | | become final for purposes of appeal until 30 days after | 21 | | service of the order on the petitioner and all parties | 22 | | entitled to notice of the petition. | 23 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 24 | | Section 2-1203 of the Code of Civil Procedure, the The | 25 | | petitioner or any party entitled to notice may file a | 26 | | motion to vacate, modify, or reconsider the order granting |
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| 1 | | or denying the petition to expunge or seal within 60 days | 2 | | of service of the order. If filed more than 60 days after | 3 | | service of the order, a petition to vacate, modify, or | 4 | | reconsider shall comply with subsection (c) of Section | 5 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 6 | | motion to vacate, modify, or reconsider, notice of the | 7 | | motion shall be served upon the petitioner and all parties | 8 | | entitled to notice of the petition. | 9 | | (13) Effect of Order. An order granting a petition | 10 | | under the expungement or sealing provisions of this Section | 11 | | shall not be considered void because it fails to comply | 12 | | with the provisions of this Section or because of any error | 13 | | asserted in a motion to vacate, modify, or reconsider. The | 14 | | circuit court retains jurisdiction to determine whether | 15 | | the order is voidable and to vacate, modify, or reconsider | 16 | | its terms based on a motion filed under Section 2-1203 or | 17 | | subsection (c) of Section 2-1401 of the Code of Civil | 18 | | Procedure. | 19 | | (14) Compliance with Order Granting Petition to Seal | 20 | | Records. Unless a court has entered a stay of an order | 21 | | granting a petition to seal, all parties entitled to notice | 22 | | of the petition must fully comply with the terms of the | 23 | | order within 60 days of service of the order even if a | 24 | | party is seeking relief from the order under Section 2-1203 | 25 | | or subsection (c) of Section 2-1401 of the Code of Civil | 26 | | Procedure or is appealing the order. |
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| 1 | | (15) Compliance with Order Granting Petition to | 2 | | Expunge Records. While a party is seeking relief from the | 3 | | order granting the petition to expunge under Section 2-1203 | 4 | | or subsection (c) of Section 2-1401 of the Code of Civil | 5 | | Procedure or is appealing the order, and unless a court has | 6 | | entered a stay of that order, the parties entitled to | 7 | | notice of the petition must seal, but need not expunge, the | 8 | | records until there is a final order on the motion for | 9 | | relief or, in the case of an appeal, the issuance of that | 10 | | court's mandate. | 11 | | (16) The changes to this subsection (d) made by this | 12 | | amendatory Act of the 98th General Assembly apply to all | 13 | | petitions pending on the effective date of this amendatory | 14 | | Act of the 98th General Assembly and to all orders ruling | 15 | | on a petition to expunge or seal on or after the effective | 16 | | date of this amendatory Act of the 98th General Assembly. | 17 | | (e) Whenever a person who has been convicted of an offense | 18 | | is granted
a pardon by the Governor which specifically | 19 | | authorizes expungement, he or she may,
upon verified petition | 20 | | to the Chief Judge of the circuit where the person had
been | 21 | | convicted, any judge of the circuit designated by the Chief | 22 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 23 | | presiding trial judge at the
defendant's trial, have a court | 24 | | order entered expunging the record of
arrest from the official | 25 | | records of the arresting authority and order that the
records | 26 | | of the circuit court clerk and the Department be sealed until
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| 1 | | further order of the court upon good cause shown or as | 2 | | otherwise provided
herein, and the name of the defendant | 3 | | obliterated from the official index
requested to be kept by the | 4 | | circuit court clerk under Section 16 of the Clerks
of Courts | 5 | | Act in connection with the arrest and conviction for the | 6 | | offense for
which he or she had been pardoned but the order | 7 | | shall not affect any index issued by
the circuit court clerk | 8 | | before the entry of the order. All records sealed by
the | 9 | | Department may be disseminated by the Department only to the | 10 | | arresting authority, the State's Attorney, and the court upon a | 11 | | later
arrest for the same or similar offense or for the purpose | 12 | | of sentencing for any
subsequent felony. Upon conviction for | 13 | | any subsequent offense, the Department
of Corrections shall | 14 | | have access to all sealed records of the Department
pertaining | 15 | | to that individual. Upon entry of the order of expungement, the
| 16 | | circuit court clerk shall promptly mail a copy of the order to | 17 | | the
person who was pardoned. | 18 | | (e-5) Whenever a person who has been convicted of an | 19 | | offense is granted a certificate of eligibility for sealing by | 20 | | the Prisoner Review Board which specifically authorizes | 21 | | sealing, he or she may, upon verified petition to the Chief | 22 | | Judge of the circuit where the person had been convicted, any | 23 | | judge of the circuit designated by the Chief Judge, or in | 24 | | counties of less than 3,000,000 inhabitants, the presiding | 25 | | trial judge at the petitioner's trial, have a court order | 26 | | entered sealing the record of arrest from the official records |
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| 1 | | of the arresting authority and order that the records of the | 2 | | circuit court clerk and the Department be sealed until further | 3 | | order of the court upon good cause shown or as otherwise | 4 | | provided herein, and the name of the petitioner obliterated | 5 | | from the official index requested to be kept by the circuit | 6 | | court clerk under Section 16 of the Clerks of Courts Act in | 7 | | connection with the arrest and conviction for the offense for | 8 | | which he or she had been granted the certificate but the order | 9 | | shall not affect any index issued by the circuit court clerk | 10 | | before the entry of the order. All records sealed by the | 11 | | Department may be disseminated by the Department only as | 12 | | required by this Act or to the arresting authority, a law | 13 | | enforcement agency, the State's Attorney, and the court upon a | 14 | | later arrest for the same or similar offense or for the purpose | 15 | | of sentencing for any subsequent felony. Upon conviction for | 16 | | any subsequent offense, the Department of Corrections shall | 17 | | have access to all sealed records of the Department pertaining | 18 | | to that individual. Upon entry of the order of sealing, the | 19 | | circuit court clerk shall promptly mail a copy of the order to | 20 | | the person who was granted the certificate of eligibility for | 21 | | sealing. | 22 | | (f) Subject to available funding, the Illinois Department
| 23 | | of Corrections shall conduct a study of the impact of sealing,
| 24 | | especially on employment and recidivism rates, utilizing a
| 25 | | random sample of those who apply for the sealing of their
| 26 | | criminal records under Public Act 93-211. At the request of the
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| 1 | | Illinois Department of Corrections, records of the Illinois
| 2 | | Department of Employment Security shall be utilized as
| 3 | | appropriate to assist in the study. The study shall not
| 4 | | disclose any data in a manner that would allow the
| 5 | | identification of any particular individual or employing unit.
| 6 | | The study shall be made available to the General Assembly no
| 7 | | later than September 1, 2010.
| 8 | | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | 9 | | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | 10 | | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | 11 | | eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13; | 12 | | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff. | 13 | | 1-1-13; 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 14 | | (20 ILCS 2630/14)
| 15 | | Sec. 14. Expungement Backlog Accountability Law. | 16 | | (a) On or before August 1 of each year, the Department of | 17 | | State Police shall report to the Governor, the Attorney | 18 | | General, the Office of the State Appellate Defender, and both | 19 | | houses of the General Assembly the following information for | 20 | | the previous fiscal year: | 21 | | (1) the number of petitions to expunge received by the | 22 | | Department; | 23 | | (2) the number of petitions to expunge to which the | 24 | | Department objected pursuant to subdivision (d)(5)(B) of | 25 | | Section 5.2 of this Act; |
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| 1 | | (3) the number of petitions to seal records received by | 2 | | the Department; | 3 | | (4) the number of petitions to seal records to which | 4 | | the Department objected pursuant to subdivision (d)(5)(B) | 5 | | of Section 5.2 of this Act; | 6 | | (5) the number of orders to expunge received by the | 7 | | Department; | 8 | | (6) the number of orders to expunge to which the | 9 | | Department successfully filed a
motion to vacate, modify or | 10 | | reconsider under paragraph (12) of subsection (d) of | 11 | | Section 5.2 of
this Act; | 12 | | (7) the number of orders to expunge records entered by | 13 | | the Department; | 14 | | (8) the number of orders to seal records received by | 15 | | the Department; | 16 | | (9) the number of orders to seal records to which the | 17 | | Department successfully filed a
motion to vacate, modify or | 18 | | reconsider under paragraph (12) of subsection (d) of | 19 | | Section 5.2 of
this Act; | 20 | | (10) the number of orders to seal records entered by | 21 | | the Department; | 22 | | (11) the amount of fees received by the Department | 23 | | pursuant to subdivision (d)(10)
of Section 5.2 of this Act | 24 | | and deposited into the State Police Services Fund; | 25 | | (12) the number of orders to expunge or to seal records | 26 | | received by the
Department that have not been entered as of |
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| 1 | | June 30 of the previous fiscal year. | 2 | | (b) The information reported under this Section shall be | 3 | | made available to the public, at the time it is reported, on | 4 | | the official web site of the Department of State Police. | 5 | | (c) Upon request of a State's Attorney or the Attorney | 6 | | General, the Department shall provide within 30 days a list of | 7 | | all orders to expunge or seal with which the Department has not | 8 | | yet complied. This list shall include the date of the order, | 9 | | the name of the petitioner, the case number, and a detailed | 10 | | statement of the basis for non-compliance.
| 11 | | (Source: P.A. 96-409, eff. 1-1-10.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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