Illinois General Assembly - Full Text of SB2941
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Full Text of SB2941  98th General Assembly

SB2941eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB2941 EngrossedLRB098 16878 MRW 51951 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21        of the Unified Code of Corrections, Section
22        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23        those provisions existed before their deletion by
24        Public Act 89-313), Section 10-102 of the Illinois
25        Alcoholism and Other Drug Dependency Act, Section
26        40-10 of the Alcoholism and Other Drug Abuse and

 

 

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1        Dependency Act, or Section 10 of the Steroid Control
2        Act. For the purpose of this Section, "successful
3        completion" of an order of qualified probation under
4        Section 10-102 of the Illinois Alcoholism and Other
5        Drug Dependency Act and Section 40-10 of the Alcoholism
6        and Other Drug Abuse and Dependency Act means that the
7        probation was terminated satisfactorily and the
8        judgment of conviction was vacated.
9            (K) "Seal" means to physically and electronically
10        maintain the records, unless the records would
11        otherwise be destroyed due to age, but to make the
12        records unavailable without a court order, subject to
13        the exceptions in Sections 12 and 13 of this Act. The
14        petitioner's name shall also be obliterated from the
15        official index required to be kept by the circuit court
16        clerk under Section 16 of the Clerks of Courts Act, but
17        any index issued by the circuit court clerk before the
18        entry of the order to seal shall not be affected.
19            (L) "Sexual offense committed against a minor"
20        includes but is not limited to the offenses of indecent
21        solicitation of a child or criminal sexual abuse when
22        the victim of such offense is under 18 years of age.
23            (M) "Terminate" as it relates to a sentence or
24        order of supervision or qualified probation includes
25        either satisfactory or unsatisfactory termination of
26        the sentence, unless otherwise specified in this

 

 

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1        Section.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (3) Exclusions. Except as otherwise provided in
7    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
8    of this Section, the court shall not order:
9            (A) the sealing or expungement of the records of
10        arrests or charges not initiated by arrest that result
11        in an order of supervision for or conviction of: (i)
12        any sexual offense committed against a minor; (ii)
13        Section 11-501 of the Illinois Vehicle Code or a
14        similar provision of a local ordinance; or (iii)
15        Section 11-503 of the Illinois Vehicle Code or a
16        similar provision of a local ordinance, unless the
17        arrest or charge is for a misdemeanor violation of
18        subsection (a) of Section 11-503 or a similar provision
19        of a local ordinance, that occurred prior to the
20        offender reaching the age of 25 years and the offender
21        has no other conviction for violating Section 11-501 or
22        11-503 of the Illinois Vehicle Code or a similar
23        provision of a local ordinance.
24            (B) the sealing or expungement of records of minor
25        traffic offenses (as defined in subsection (a)(1)(G)),
26        unless the petitioner was arrested and released

 

 

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1        without charging.
2            (C) the sealing of the records of arrests or
3        charges not initiated by arrest which result in an
4        order of supervision, an order of qualified probation
5        (as defined in subsection (a)(1)(J)), or a conviction
6        for the following offenses:
7                (i) offenses included in Article 11 of the
8            Criminal Code of 1961 or the Criminal Code of 2012
9            or a similar provision of a local ordinance, except
10            Section 11-14 of the Criminal Code of 1961 or the
11            Criminal Code of 2012, or a similar provision of a
12            local ordinance;
13                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
14            26-5, or 48-1 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, or a similar provision of a
16            local ordinance;
17                (iii) offenses defined as "crimes of violence"
18            in Section 2 of the Crime Victims Compensation Act
19            or a similar provision of a local ordinance;
20                (iv) offenses which are Class A misdemeanors
21            under the Humane Care for Animals Act; or
22                (v) any offense or attempted offense that
23            would subject a person to registration under the
24            Sex Offender Registration Act.
25            (D) the sealing of the records of an arrest which
26        results in the petitioner being charged with a felony

 

 

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1        offense or records of a charge not initiated by arrest
2        for a felony offense unless:
3                (i) the charge is amended to a misdemeanor and
4            is otherwise eligible to be sealed pursuant to
5            subsection (c);
6                (ii) the charge is brought along with another
7            charge as a part of one case and the charge results
8            in acquittal, dismissal, or conviction when the
9            conviction was reversed or vacated, and another
10            charge brought in the same case results in a
11            disposition for a misdemeanor offense that is
12            eligible to be sealed pursuant to subsection (c) or
13            a disposition listed in paragraph (i), (iii), or
14            (iv) of this subsection;
15                (iii) the charge results in first offender
16            probation as set forth in subsection (c)(2)(E);
17                (iv) the charge is for a felony offense listed
18            in subsection (c)(2)(F) or the charge is amended to
19            a felony offense listed in subsection (c)(2)(F);
20                (v) the charge results in acquittal,
21            dismissal, or the petitioner's release without
22            conviction; or
23                (vi) the charge results in a conviction, but
24            the conviction was reversed or vacated.
25    (b) Expungement.
26        (1) A petitioner may petition the circuit court to

 

 

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1    expunge the records of his or her arrests and charges not
2    initiated by arrest when:
3            (A) He or she has never been convicted of a
4        criminal offense; and
5            (B) Each arrest or charge not initiated by arrest
6        sought to be expunged resulted in: (i) acquittal,
7        dismissal, or the petitioner's release without
8        charging, unless excluded by subsection (a)(3)(B);
9        (ii) a conviction which was vacated or reversed, unless
10        excluded by subsection (a)(3)(B); (iii) an order of
11        supervision and such supervision was successfully
12        completed by the petitioner, unless excluded by
13        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
14        qualified probation (as defined in subsection
15        (a)(1)(J)) and such probation was successfully
16        completed by the petitioner.
17        (2) Time frame for filing a petition to expunge.
18            (A) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an acquittal,
20        dismissal, the petitioner's release without charging,
21        or the reversal or vacation of a conviction, there is
22        no waiting period to petition for the expungement of
23        such records.
24            (B) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        supervision, successfully completed by the petitioner,

 

 

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1        the following time frames will apply:
2                (i) Those arrests or charges that resulted in
3            orders of supervision under Section 3-707, 3-708,
4            3-710, or 5-401.3 of the Illinois Vehicle Code or a
5            similar provision of a local ordinance, or under
6            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7            Code of 1961 or the Criminal Code of 2012, or a
8            similar provision of a local ordinance, shall not
9            be eligible for expungement until 5 years have
10            passed following the satisfactory termination of
11            the supervision.
12                (i-5) Those arrests or charges that resulted
13            in orders of supervision for a misdemeanor
14            violation of subsection (a) of Section 11-503 of
15            the Illinois Vehicle Code or a similar provision of
16            a local ordinance, that occurred prior to the
17            offender reaching the age of 25 years and the
18            offender has no other conviction for violating
19            Section 11-501 or 11-503 of the Illinois Vehicle
20            Code or a similar provision of a local ordinance
21            shall not be eligible for expungement until the
22            petitioner has reached the age of 25 years.
23                (ii) Those arrests or charges that resulted in
24            orders of supervision for any other offenses shall
25            not be eligible for expungement until 2 years have
26            passed following the satisfactory termination of

 

 

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1            the supervision.
2            (C) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        qualified probation, successfully completed by the
5        petitioner, such records shall not be eligible for
6        expungement until 5 years have passed following the
7        satisfactory termination of the probation.
8        (3) Those records maintained by the Department for
9    persons arrested prior to their 17th birthday shall be
10    expunged as provided in Section 5-915 of the Juvenile Court
11    Act of 1987.
12        (4) Whenever a person has been arrested for or
13    convicted of any offense, in the name of a person whose
14    identity he or she has stolen or otherwise come into
15    possession of, the aggrieved person from whom the identity
16    was stolen or otherwise obtained without authorization,
17    upon learning of the person having been arrested using his
18    or her identity, may, upon verified petition to the chief
19    judge of the circuit wherein the arrest was made, have a
20    court order entered nunc pro tunc by the Chief Judge to
21    correct the arrest record, conviction record, if any, and
22    all official records of the arresting authority, the
23    Department, other criminal justice agencies, the
24    prosecutor, and the trial court concerning such arrest, if
25    any, by removing his or her name from all such records in
26    connection with the arrest and conviction, if any, and by

 

 

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1    inserting in the records the name of the offender, if known
2    or ascertainable, in lieu of the aggrieved's name. The
3    records of the circuit court clerk shall be sealed until
4    further order of the court upon good cause shown and the
5    name of the aggrieved person obliterated on the official
6    index required to be kept by the circuit court clerk under
7    Section 16 of the Clerks of Courts Act, but the order shall
8    not affect any index issued by the circuit court clerk
9    before the entry of the order. Nothing in this Section
10    shall limit the Department of State Police or other
11    criminal justice agencies or prosecutors from listing
12    under an offender's name the false names he or she has
13    used.
14        (5) Whenever a person has been convicted of criminal
15    sexual assault, aggravated criminal sexual assault,
16    predatory criminal sexual assault of a child, criminal
17    sexual abuse, or aggravated criminal sexual abuse, the
18    victim of that offense may request that the State's
19    Attorney of the county in which the conviction occurred
20    file a verified petition with the presiding trial judge at
21    the petitioner's trial to have a court order entered to
22    seal the records of the circuit court clerk in connection
23    with the proceedings of the trial court concerning that
24    offense. However, the records of the arresting authority
25    and the Department of State Police concerning the offense
26    shall not be sealed. The court, upon good cause shown,

 

 

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1    shall make the records of the circuit court clerk in
2    connection with the proceedings of the trial court
3    concerning the offense available for public inspection.
4        (6) If a conviction has been set aside on direct review
5    or on collateral attack and the court determines by clear
6    and convincing evidence that the petitioner was factually
7    innocent of the charge, the court that finds the petitioner
8    factually innocent of the charge shall enter an expungement
9    order for the conviction for which the petitioner has been
10    determined to be innocent as provided in subsection (b) of
11    Section 5-5-4 of the Unified Code of Corrections.
12        (7) Nothing in this Section shall prevent the
13    Department of State Police from maintaining all records of
14    any person who is admitted to probation upon terms and
15    conditions and who fulfills those terms and conditions
16    pursuant to Section 10 of the Cannabis Control Act, Section
17    410 of the Illinois Controlled Substances Act, Section 70
18    of the Methamphetamine Control and Community Protection
19    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
20    Corrections, Section 12-4.3 or subdivision (b)(1) of
21    Section 12-3.05 of the Criminal Code of 1961 or the
22    Criminal Code of 2012, Section 10-102 of the Illinois
23    Alcoholism and Other Drug Dependency Act, Section 40-10 of
24    the Alcoholism and Other Drug Abuse and Dependency Act, or
25    Section 10 of the Steroid Control Act.
26        (8) If the petitioner has been granted a certificate of

 

 

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1    innocence under Section 2-702 of the Code of Civil
2    Procedure, the court that grants the certificate of
3    innocence shall also enter an order expunging the
4    conviction for which the petitioner has been determined to
5    be innocent as provided in subsection (h) of Section 2-702
6    of the Code of Civil Procedure.
7    (c) Sealing.
8        (1) Applicability. Notwithstanding any other provision
9    of this Act to the contrary, and cumulative with any rights
10    to expungement of criminal records, this subsection
11    authorizes the sealing of criminal records of adults and of
12    minors prosecuted as adults.
13        (2) Eligible Records. The following records may be
14    sealed:
15            (A) All arrests resulting in release without
16        charging;
17            (B) Arrests or charges not initiated by arrest
18        resulting in acquittal, dismissal, or conviction when
19        the conviction was reversed or vacated, except as
20        excluded by subsection (a)(3)(B);
21            (C) Arrests or charges not initiated by arrest
22        resulting in orders of supervision successfully
23        completed by the petitioner, unless excluded by
24        subsection (a)(3);
25            (D) Arrests or charges not initiated by arrest
26        resulting in convictions unless excluded by subsection

 

 

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1        (a)(3);
2            (E) Arrests or charges not initiated by arrest
3        resulting in orders of first offender probation under
4        Section 10 of the Cannabis Control Act, Section 410 of
5        the Illinois Controlled Substances Act, Section 70 of
6        the Methamphetamine Control and Community Protection
7        Act, or Section 5-6-3.3 of the Unified Code of
8        Corrections; and
9            (F) Arrests or charges not initiated by arrest
10        resulting in felony convictions for the following
11        offenses:
12                (i) Class 4 felony convictions for:
13                    Prostitution under Section 11-14 of the
14                Criminal Code of 1961 or the Criminal Code of
15                2012.
16                    Possession of cannabis under Section 4 of
17                the Cannabis Control Act.
18                    Possession with intent to manufacture or
19                deliver cannabis under Section 5 of the
20                Cannabis Control Act.
21                    Possession of a controlled substance under
22                Section 402 of the Illinois Controlled
23                Substances Act.
24                    Offenses under the Methamphetamine
25                Precursor Control Act.
26                    Offenses under the Steroid Control Act.

 

 

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1                    Theft under Section 16-1 of the Criminal
2                Code of 1961 or the Criminal Code of 2012.
3                    Retail theft under Section 16A-3 or
4                paragraph (a) of 16-25 of the Criminal Code of
5                1961 or the Criminal Code of 2012.
6                    Deceptive practices under Section 17-1 of
7                the Criminal Code of 1961 or the Criminal Code
8                of 2012.
9                    Forgery under Section 17-3 of the Criminal
10                Code of 1961 or the Criminal Code of 2012.
11                    Possession of burglary tools under Section
12                19-2 of the Criminal Code of 1961 or the
13                Criminal Code of 2012.
14            (ii) Class 3 felony convictions for:
15                    Theft under Section 16-1 of the Criminal
16                Code of 1961 or the Criminal Code of 2012.
17                    Retail theft under Section 16A-3 or
18                paragraph (a) of 16-25 of the Criminal Code of
19                1961 or the Criminal Code of 2012.
20                    Deceptive practices under Section 17-1 of
21                the Criminal Code of 1961 or the Criminal Code
22                of 2012.
23                    Forgery under Section 17-3 of the Criminal
24                Code of 1961 or the Criminal Code of 2012.
25                    Possession with intent to manufacture or
26                deliver cannabis under Section 5 of the

 

 

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1                Cannabis Control Act.
2                    Possession with intent to manufacture or
3                deliver a controlled substance under Section
4                401 of the Illinois Controlled Substances Act.
5        (3) When Records Are Eligible to Be Sealed. Records
6    identified as eligible under subsection (c)(2) may be
7    sealed as follows:
8            (A) Records identified as eligible under
9        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
10        time.
11            (B) Records identified as eligible under
12        subsection (c)(2)(C) may be sealed (i) 3 years after
13        the termination of petitioner's last sentence (as
14        defined in subsection (a)(1)(F)) if the petitioner has
15        never been convicted of a criminal offense (as defined
16        in subsection (a)(1)(D)); or (ii) 4 years after the
17        termination of the petitioner's last sentence (as
18        defined in subsection (a)(1)(F)) if the petitioner has
19        ever been convicted of a criminal offense (as defined
20        in subsection (a)(1)(D)).
21            (C) Records identified as eligible under
22        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
23        sealed 4 years after the termination of the
24        petitioner's last sentence (as defined in subsection
25        (a)(1)(F)).
26            (D) Records identified in subsection

 

 

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1        (a)(3)(A)(iii) may be sealed after the petitioner has
2        reached the age of 25 years.
3        (4) Subsequent felony convictions. A person may not
4    have subsequent felony conviction records sealed as
5    provided in this subsection (c) if he or she is convicted
6    of any felony offense after the date of the sealing of
7    prior felony convictions as provided in this subsection
8    (c). The court may, upon conviction for a subsequent felony
9    offense, order the unsealing of prior felony conviction
10    records previously ordered sealed by the court.
11        (5) Notice of eligibility for sealing. Upon entry of a
12    disposition for an eligible record under this subsection
13    (c), the petitioner shall be informed by the court of the
14    right to have the records sealed and the procedures for the
15    sealing of the records.
16    (d) Procedure. The following procedures apply to
17expungement under subsections (b), (e), and (e-6) and sealing
18under subsections (c) and (e-5):
19        (1) Filing the petition. Upon becoming eligible to
20    petition for the expungement or sealing of records under
21    this Section, the petitioner shall file a petition
22    requesting the expungement or sealing of records with the
23    clerk of the court where the arrests occurred or the
24    charges were brought, or both. If arrests occurred or
25    charges were brought in multiple jurisdictions, a petition
26    must be filed in each such jurisdiction. The petitioner

 

 

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1    shall pay the applicable fee, if not waived.
2        (2) Contents of petition. The petition shall be
3    verified and shall contain the petitioner's name, date of
4    birth, current address and, for each arrest or charge not
5    initiated by arrest sought to be sealed or expunged, the
6    case number, the date of arrest (if any), the identity of
7    the arresting authority, and such other information as the
8    court may require. During the pendency of the proceeding,
9    the petitioner shall promptly notify the circuit court
10    clerk of any change of his or her address. If the
11    petitioner has received a certificate of eligibility for
12    sealing from the Prisoner Review Board under paragraph (10)
13    of subsection (a) of Section 3-3-2 of the Unified Code of
14    Corrections, the certificate shall be attached to the
15    petition.
16        (3) Drug test. The petitioner must attach to the
17    petition proof that the petitioner has passed a test taken
18    within 30 days before the filing of the petition showing
19    the absence within his or her body of all illegal
20    substances as defined by the Illinois Controlled
21    Substances Act, the Methamphetamine Control and Community
22    Protection Act, and the Cannabis Control Act if he or she
23    is petitioning to:
24            (A) seal felony records under clause (c)(2)(E);
25            (B) seal felony records for a violation of the
26        Illinois Controlled Substances Act, the

 

 

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1        Methamphetamine Control and Community Protection Act,
2        or the Cannabis Control Act under clause (c)(2)(F);
3            (C) seal felony records under subsection (e-5); or
4            (D) expunge felony records of a qualified
5        probation under clause (b)(1)(B)(iv).
6        (4) Service of petition. The circuit court clerk shall
7    promptly serve a copy of the petition and documentation to
8    support the petition under subsection (e), (e-5), or (e-6)
9    on the State's Attorney or prosecutor charged with the duty
10    of prosecuting the offense, the Department of State Police,
11    the arresting agency and the chief legal officer of the
12    unit of local government effecting the arrest.
13        (5) Objections.
14            (A) Any party entitled to notice of the petition
15        may file an objection to the petition. All objections
16        shall be in writing, shall be filed with the circuit
17        court clerk, and shall state with specificity the basis
18        of the objection.
19            (B) Objections to a petition to expunge or seal
20        must be filed within 60 days of the date of service of
21        the petition.
22        (6) Entry of order.
23            (A) The Chief Judge of the circuit wherein the
24        charge was brought, any judge of that circuit
25        designated by the Chief Judge, or in counties of less
26        than 3,000,000 inhabitants, the presiding trial judge

 

 

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1        at the petitioner's trial, if any, shall rule on the
2        petition to expunge or seal as set forth in this
3        subsection (d)(6).
4            (B) Unless the State's Attorney or prosecutor, the
5        Department of State Police, the arresting agency, or
6        the chief legal officer files an objection to the
7        petition to expunge or seal within 60 days from the
8        date of service of the petition, the court shall enter
9        an order granting or denying the petition.
10        (7) Hearings. If an objection is filed, the court shall
11    set a date for a hearing and notify the petitioner and all
12    parties entitled to notice of the petition of the hearing
13    date at least 30 days prior to the hearing. Prior to the
14    hearing, the State's Attorney shall consult with the
15    Department as to the appropriateness of the relief sought
16    in the petition to expunge or seal. At the hearing, the
17    court shall hear evidence on whether the petition should or
18    should not be granted, and shall grant or deny the petition
19    to expunge or seal the records based on the evidence
20    presented at the hearing. The court may consider the
21    following:
22            (A) the strength of the evidence supporting the
23        defendant's conviction;
24            (B) the reasons for retention of the conviction
25        records by the State;
26            (C) the petitioner's age, criminal record history,

 

 

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1        and employment history;
2            (D) the period of time between the petitioner's
3        arrest on the charge resulting in the conviction and
4        the filing of the petition under this Section; and
5            (E) the specific adverse consequences the
6        petitioner may be subject to if the petition is denied.
7        (8) Service of order. After entering an order to
8    expunge or seal records, the court must provide copies of
9    the order to the Department, in a form and manner
10    prescribed by the Department, to the petitioner, to the
11    State's Attorney or prosecutor charged with the duty of
12    prosecuting the offense, to the arresting agency, to the
13    chief legal officer of the unit of local government
14    effecting the arrest, and to such other criminal justice
15    agencies as may be ordered by the court.
16        (9) Implementation of order.
17            (A) Upon entry of an order to expunge records
18        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
19                (i) the records shall be expunged (as defined
20            in subsection (a)(1)(E)) by the arresting agency,
21            the Department, and any other agency as ordered by
22            the court, within 60 days of the date of service of
23            the order, unless a motion to vacate, modify, or
24            reconsider the order is filed pursuant to
25            paragraph (12) of subsection (d) of this Section;
26                (ii) the records of the circuit court clerk

 

 

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1            shall be impounded until further order of the court
2            upon good cause shown and the name of the
3            petitioner obliterated on the official index
4            required to be kept by the circuit court clerk
5            under Section 16 of the Clerks of Courts Act, but
6            the order shall not affect any index issued by the
7            circuit court clerk before the entry of the order;
8            and
9                (iii) in response to an inquiry for expunged
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
13            existed.
14            (B) Upon entry of an order to expunge records
15        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
16                (i) the records shall be expunged (as defined
17            in subsection (a)(1)(E)) by the arresting agency
18            and any other agency as ordered by the court,
19            within 60 days of the date of service of the order,
20            unless a motion to vacate, modify, or reconsider
21            the order is filed pursuant to paragraph (12) of
22            subsection (d) of this Section;
23                (ii) the records of the circuit court clerk
24            shall be impounded until further order of the court
25            upon good cause shown and the name of the
26            petitioner obliterated on the official index

 

 

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1            required to be kept by the circuit court clerk
2            under Section 16 of the Clerks of Courts Act, but
3            the order shall not affect any index issued by the
4            circuit court clerk before the entry of the order;
5                (iii) the records shall be impounded by the
6            Department within 60 days of the date of service of
7            the order as ordered by the court, unless a motion
8            to vacate, modify, or reconsider the order is filed
9            pursuant to paragraph (12) of subsection (d) of
10            this Section;
11                (iv) records impounded by the Department may
12            be disseminated by the Department only as required
13            by law or to the arresting authority, the State's
14            Attorney, and the court upon a later arrest for the
15            same or a similar offense or for the purpose of
16            sentencing for any subsequent felony, and to the
17            Department of Corrections upon conviction for any
18            offense; and
19                (v) in response to an inquiry for such records
20            from anyone not authorized by law to access such
21            records, the court, the Department, or the agency
22            receiving such inquiry shall reply as it does in
23            response to inquiries when no records ever
24            existed.
25            (B-5) Upon entry of an order to expunge records
26        under subsection (e-6):

 

 

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1                (i) the records shall be expunged (as defined
2            in subsection (a)(1)(E)) by the arresting agency
3            and any other agency as ordered by the court,
4            within 60 days of the date of service of the order,
5            unless a motion to vacate, modify, or reconsider
6            the order is filed under paragraph (12) of
7            subsection (d) of this Section;
8                (ii) the records of the circuit court clerk
9            shall be impounded until further order of the court
10            upon good cause shown and the name of the
11            petitioner obliterated on the official index
12            required to be kept by the circuit court clerk
13            under Section 16 of the Clerks of Courts Act, but
14            the order shall not affect any index issued by the
15            circuit court clerk before the entry of the order;
16                (iii) the records shall be impounded by the
17            Department within 60 days of the date of service of
18            the order as ordered by the court, unless a motion
19            to vacate, modify, or reconsider the order is filed
20            under paragraph (12) of subsection (d) of this
21            Section;
22                (iv) records impounded by the Department may
23            be disseminated by the Department only as required
24            by law or to the arresting authority, the State's
25            Attorney, and the court upon a later arrest for the
26            same or a similar offense or for the purpose of

 

 

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1            sentencing for any subsequent felony, and to the
2            Department of Corrections upon conviction for any
3            offense; and
4                (v) in response to an inquiry for these records
5            from anyone not authorized by law to access the
6            records, the court, the Department, or the agency
7            receiving the inquiry shall reply as it does in
8            response to inquiries when no records ever
9            existed.
10            (C) Upon entry of an order to seal records under
11        subsection (c), the arresting agency, any other agency
12        as ordered by the court, the Department, and the court
13        shall seal the records (as defined in subsection
14        (a)(1)(K)). In response to an inquiry for such records
15        from anyone not authorized by law to access such
16        records, the court, the Department, or the agency
17        receiving such inquiry shall reply as it does in
18        response to inquiries when no records ever existed.
19            (D) The Department shall send written notice to the
20        petitioner of its compliance with each order to expunge
21        or seal records within 60 days of the date of service
22        of that order or, if a motion to vacate, modify, or
23        reconsider is filed, within 60 days of service of the
24        order resolving the motion, if that order requires the
25        Department to expunge or seal records. In the event of
26        an appeal from the circuit court order, the Department

 

 

SB2941 Engrossed- 27 -LRB098 16878 MRW 51951 b

1        shall send written notice to the petitioner of its
2        compliance with an Appellate Court or Supreme Court
3        judgment to expunge or seal records within 60 days of
4        the issuance of the court's mandate. The notice is not
5        required while any motion to vacate, modify, or
6        reconsider, or any appeal or petition for
7        discretionary appellate review, is pending.
8        (10) Fees. The Department may charge the petitioner a
9    fee equivalent to the cost of processing any order to
10    expunge or seal records. Notwithstanding any provision of
11    the Clerks of Courts Act to the contrary, the circuit court
12    clerk may charge a fee equivalent to the cost associated
13    with the sealing or expungement of records by the circuit
14    court clerk. From the total filing fee collected for the
15    petition to seal or expunge, the circuit court clerk shall
16    deposit $10 into the Circuit Court Clerk Operation and
17    Administrative Fund, to be used to offset the costs
18    incurred by the circuit court clerk in performing the
19    additional duties required to serve the petition to seal or
20    expunge on all parties. The circuit court clerk shall
21    collect and forward the Department of State Police portion
22    of the fee to the Department and it shall be deposited in
23    the State Police Services Fund.
24        (11) Final Order. No court order issued under the
25    expungement or sealing provisions of this Section shall
26    become final for purposes of appeal until 30 days after

 

 

SB2941 Engrossed- 28 -LRB098 16878 MRW 51951 b

1    service of the order on the petitioner and all parties
2    entitled to notice of the petition.
3        (12) Motion to Vacate, Modify, or Reconsider. Under
4    Section 2-1203 of the Code of Civil Procedure, the
5    petitioner or any party entitled to notice may file a
6    motion to vacate, modify, or reconsider the order granting
7    or denying the petition to expunge or seal within 60 days
8    of service of the order. If filed more than 60 days after
9    service of the order, a petition to vacate, modify, or
10    reconsider shall comply with subsection (c) of Section
11    2-1401 of the Code of Civil Procedure. Upon filing of a
12    motion to vacate, modify, or reconsider, notice of the
13    motion shall be served upon the petitioner and all parties
14    entitled to notice of the petition.
15        (13) Effect of Order. An order granting a petition
16    under the expungement or sealing provisions of this Section
17    shall not be considered void because it fails to comply
18    with the provisions of this Section or because of any error
19    asserted in a motion to vacate, modify, or reconsider. The
20    circuit court retains jurisdiction to determine whether
21    the order is voidable and to vacate, modify, or reconsider
22    its terms based on a motion filed under paragraph (12) of
23    this subsection (d).
24        (14) Compliance with Order Granting Petition to Seal
25    Records. Unless a court has entered a stay of an order
26    granting a petition to seal, all parties entitled to notice

 

 

SB2941 Engrossed- 29 -LRB098 16878 MRW 51951 b

1    of the petition must fully comply with the terms of the
2    order within 60 days of service of the order even if a
3    party is seeking relief from the order through a motion
4    filed under paragraph (12) of this subsection (d) or is
5    appealing the order.
6        (15) Compliance with Order Granting Petition to
7    Expunge Records. While a party is seeking relief from the
8    order granting the petition to expunge through a motion
9    filed under paragraph (12) of this subsection (d) or is
10    appealing the order, and unless a court has entered a stay
11    of that order, the parties entitled to notice of the
12    petition must seal, but need not expunge, the records until
13    there is a final order on the motion for relief or, in the
14    case of an appeal, the issuance of that court's mandate.
15        (16) The changes to this subsection (d) made by Public
16    Act 98-163 this amendatory Act of the 98th General Assembly
17    apply to all petitions pending on August 5, 2013 (the
18    effective date of Public Act 98-163) this amendatory Act of
19    the 98th General Assembly and to all orders ruling on a
20    petition to expunge or seal on or after August 5, 2013 (the
21    effective date of Public Act 98-163) this amendatory Act of
22    the 98th General Assembly.
23    (e) Whenever a person who has been convicted of an offense
24is granted a pardon by the Governor which specifically
25authorizes expungement, he or she may, upon verified petition
26to the Chief Judge of the circuit where the person had been

 

 

SB2941 Engrossed- 30 -LRB098 16878 MRW 51951 b

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

 

 

SB2941 Engrossed- 31 -LRB098 16878 MRW 51951 b

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

 

 

SB2941 Engrossed- 32 -LRB098 16878 MRW 51951 b

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

 

 

SB2941 Engrossed- 33 -LRB098 16878 MRW 51951 b

1have access to all expunged records of the Department
2pertaining to that individual. Upon entry of the order of
3expungement, the circuit court clerk shall promptly mail a copy
4of the order to the person who was granted the certificate of
5eligibility for expungement.
6    (f) Subject to available funding, the Illinois Department
7of Corrections shall conduct a study of the impact of sealing,
8especially on employment and recidivism rates, utilizing a
9random sample of those who apply for the sealing of their
10criminal records under Public Act 93-211. At the request of the
11Illinois Department of Corrections, records of the Illinois
12Department of Employment Security shall be utilized as
13appropriate to assist in the study. The study shall not
14disclose any data in a manner that would allow the
15identification of any particular individual or employing unit.
16The study shall be made available to the General Assembly no
17later than September 1, 2010.
18(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
1997-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
201-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
21eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
22eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
239-4-13.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.