HB2470ham001 98TH GENERAL ASSEMBLY

Rep. Arthur Turner

Filed: 4/12/2013

 

 


 

 


 
09800HB2470ham001LRB098 05663 RLC 44122 a

1
AMENDMENT TO HOUSE BILL 2470

2    AMENDMENT NO. ______. Amend House Bill 2470 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Identification Act is amended by
5changing 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
14expungement under subsections (b) and (e), and sealing under
15subsections (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

 

 

09800HB2470ham001- 23 -LRB098 05663 RLC 44122 a

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

 

 

09800HB2470ham001- 25 -LRB098 05663 RLC 44122 a

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.

 

 

09800HB2470ham001- 26 -LRB098 05663 RLC 44122 a

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
18is granted a pardon by the Governor which specifically
19authorizes expungement, he or she may, upon verified petition
20to the Chief Judge of the circuit where the person had been
21convicted, any judge of the circuit designated by the Chief
22Judge, or in counties of less than 3,000,000 inhabitants, the
23presiding trial judge at the defendant's trial, have a court
24order entered expunging the record of arrest from the official
25records of the arresting authority and order that the records
26of the circuit court clerk and the Department be sealed until

 

 

09800HB2470ham001- 27 -LRB098 05663 RLC 44122 a

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

 

 

09800HB2470ham001- 28 -LRB098 05663 RLC 44122 a

1of the arresting authority and order that the records of the
2circuit court clerk and the Department be sealed until further
3order of the court upon good cause shown or as otherwise
4provided herein, and the name of the petitioner obliterated
5from the official index requested to be kept by the circuit
6court clerk under Section 16 of the Clerks of Courts Act in
7connection with the arrest and conviction for the offense for
8which he or she had been granted the certificate but the order
9shall not affect any index issued by the circuit court clerk
10before the entry of the order. All records sealed by the
11Department may be disseminated by the Department only as
12required by this Act or to the arresting authority, a law
13enforcement agency, the State's Attorney, and the court upon a
14later arrest for the same or similar offense or for the purpose
15of sentencing for any subsequent felony. Upon conviction for
16any subsequent offense, the Department of Corrections shall
17have access to all sealed records of the Department pertaining
18to that individual. Upon entry of the order of sealing, the
19circuit court clerk shall promptly mail a copy of the order to
20the person who was granted the certificate of eligibility for
21sealing.
22    (f) Subject to available funding, the Illinois Department
23of Corrections shall conduct a study of the impact of sealing,
24especially on employment and recidivism rates, utilizing a
25random sample of those who apply for the sealing of their
26criminal records under Public Act 93-211. At the request of the

 

 

09800HB2470ham001- 29 -LRB098 05663 RLC 44122 a

1Illinois Department of Corrections, records of the Illinois
2Department of Employment Security shall be utilized as
3appropriate to assist in the study. The study shall not
4disclose any data in a manner that would allow the
5identification of any particular individual or employing unit.
6The study shall be made available to the General Assembly no
7later than September 1, 2010.
8(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
996-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
107-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
11eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13;
1297-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff.
131-1-13; 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
17State Police shall report to the Governor, the Attorney
18General, the Office of the State Appellate Defender, and both
19houses of the General Assembly the following information for
20the 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;

 

 

09800HB2470ham001- 30 -LRB098 05663 RLC 44122 a

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

 

 

09800HB2470ham001- 31 -LRB098 05663 RLC 44122 a

1    June 30 of the previous fiscal year.
2    (b) The information reported under this Section shall be
3made available to the public, at the time it is reported, on
4the official web site of the Department of State Police.
5    (c) Upon request of a State's Attorney or the Attorney
6General, the Department shall provide within 30 days a list of
7all orders to expunge or seal with which the Department has not
8yet complied. This list shall include the date of the order,
9the name of the petitioner, the case number, and a detailed
10statement 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
13becoming law.".