HB6328enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State government.
 
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 or a conviction for the following
5        offenses:
6                (i) offenses included in Article 11 of the
7            Criminal Code of 1961 or the Criminal Code of 2012
8            or a similar provision of a local ordinance, except
9            Section 11-14 of the Criminal Code of 1961 or the
10            Criminal Code of 2012, or a similar provision of a
11            local ordinance;
12                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
13            26-5, or 48-1 of the Criminal Code of 1961 or the
14            Criminal Code of 2012, or a similar provision of a
15            local ordinance;
16                (iii) Sections 12-3.1 or 12-3.2 of the
17            Criminal Code of 1961 or the Criminal Code of 2012,
18            or Section 125 of the Stalking No Contact Order
19            Act, or Section 219 of the Civil No Contact Order
20            Act, or a similar provision of a local ordinance;
21                (iv) offenses which are Class A misdemeanors
22            under the Humane Care for Animals Act; or
23                (v) any offense or attempted offense that
24            would subject a person to registration under the
25            Sex Offender Registration Act.
26            (D) the sealing of the records of an arrest which

 

 

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

 

 

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1        (1) A petitioner may petition the circuit court to
2    expunge the records of his or her arrests and charges not
3    initiated by arrest when each :
4            (A) He or she has never been convicted of a
5        criminal offense; and
6            (B) Each arrest or charge not initiated by arrest
7        sought to be expunged resulted in: (i) acquittal,
8        dismissal, or the petitioner's release without
9        charging, unless excluded by subsection (a)(3)(B);
10        (ii) a conviction which was vacated or reversed, unless
11        excluded by subsection (a)(3)(B); (iii) an order of
12        supervision and such supervision was successfully
13        completed by the petitioner, unless excluded by
14        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
15        qualified probation (as defined in subsection
16        (a)(1)(J)) and such probation was successfully
17        completed by the petitioner.
18        (1.5) When a petitioner seeks to have a record of
19    arrest expunged under this Section, and the offender has
20    been convicted of a criminal offense, the State's Attorney
21    may object to the expungement on the grounds that the
22    records contain specific relevant information aside from
23    the mere fact of the arrest.
24        (2) Time frame for filing a petition to expunge.
25            (A) When the arrest or charge not initiated by
26        arrest sought to be expunged resulted in an acquittal,

 

 

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1        dismissal, the petitioner's release without charging,
2        or the reversal or vacation of a conviction, there is
3        no waiting period to petition for the expungement of
4        such records.
5            (B) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an order of
7        supervision, successfully completed by the petitioner,
8        the following time frames will apply:
9                (i) Those arrests or charges that resulted in
10            orders of supervision under Section 3-707, 3-708,
11            3-710, or 5-401.3 of the Illinois Vehicle Code or a
12            similar provision of a local ordinance, or under
13            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
14            Code of 1961 or the Criminal Code of 2012, or a
15            similar provision of a local ordinance, shall not
16            be eligible for expungement until 5 years have
17            passed following the satisfactory termination of
18            the supervision.
19                (i-5) Those arrests or charges that resulted
20            in orders of supervision for a misdemeanor
21            violation of subsection (a) of Section 11-503 of
22            the Illinois Vehicle Code or a similar provision of
23            a local ordinance, that occurred prior to the
24            offender reaching the age of 25 years and the
25            offender has no other conviction for violating
26            Section 11-501 or 11-503 of the Illinois Vehicle

 

 

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1            Code or a similar provision of a local ordinance
2            shall not be eligible for expungement until the
3            petitioner has reached the age of 25 years.
4                (ii) Those arrests or charges that resulted in
5            orders of supervision for any other offenses shall
6            not be eligible for expungement until 2 years have
7            passed following the satisfactory termination of
8            the supervision.
9            (C) When the arrest or charge not initiated by
10        arrest sought to be expunged resulted in an order of
11        qualified probation, successfully completed by the
12        petitioner, such records shall not be eligible for
13        expungement until 5 years have passed following the
14        satisfactory termination of the probation.
15        (3) Those records maintained by the Department for
16    persons arrested prior to their 17th birthday shall be
17    expunged as provided in Section 5-915 of the Juvenile Court
18    Act of 1987.
19        (4) Whenever a person has been arrested for or
20    convicted of any offense, in the name of a person whose
21    identity he or she has stolen or otherwise come into
22    possession of, the aggrieved person from whom the identity
23    was stolen or otherwise obtained without authorization,
24    upon learning of the person having been arrested using his
25    or her identity, may, upon verified petition to the chief
26    judge of the circuit wherein the arrest was made, have a

 

 

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

 

 

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1    file a verified petition with the presiding trial judge at
2    the petitioner's trial to have a court order entered to
3    seal the records of the circuit court clerk in connection
4    with the proceedings of the trial court concerning that
5    offense. However, the records of the arresting authority
6    and the Department of State Police concerning the offense
7    shall not be sealed. The court, upon good cause shown,
8    shall make the records of the circuit court clerk in
9    connection with the proceedings of the trial court
10    concerning the offense available for public inspection.
11        (6) If a conviction has been set aside on direct review
12    or on collateral attack and the court determines by clear
13    and convincing evidence that the petitioner was factually
14    innocent of the charge, the court that finds the petitioner
15    factually innocent of the charge shall enter an expungement
16    order for the conviction for which the petitioner has been
17    determined to be innocent as provided in subsection (b) of
18    Section 5-5-4 of the Unified Code of Corrections.
19        (7) Nothing in this Section shall prevent the
20    Department of State Police from maintaining all records of
21    any person who is admitted to probation upon terms and
22    conditions and who fulfills those terms and conditions
23    pursuant to Section 10 of the Cannabis Control Act, Section
24    410 of the Illinois Controlled Substances Act, Section 70
25    of the Methamphetamine Control and Community Protection
26    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

 

 

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1    Corrections, Section 12-4.3 or subdivision (b)(1) of
2    Section 12-3.05 of the Criminal Code of 1961 or the
3    Criminal Code of 2012, Section 10-102 of the Illinois
4    Alcoholism and Other Drug Dependency Act, Section 40-10 of
5    the Alcoholism and Other Drug Abuse and Dependency Act, or
6    Section 10 of the Steroid Control Act.
7        (8) If the petitioner has been granted a certificate of
8    innocence under Section 2-702 of the Code of Civil
9    Procedure, the court that grants the certificate of
10    innocence shall also enter an order expunging the
11    conviction for which the petitioner has been determined to
12    be innocent as provided in subsection (h) of Section 2-702
13    of the Code of Civil Procedure.
14    (c) Sealing.
15        (1) Applicability. Notwithstanding any other provision
16    of this Act to the contrary, and cumulative with any rights
17    to expungement of criminal records, this subsection
18    authorizes the sealing of criminal records of adults and of
19    minors prosecuted as adults.
20        (2) Eligible Records. The following records may be
21    sealed:
22            (A) All arrests resulting in release without
23        charging;
24            (B) Arrests or charges not initiated by arrest
25        resulting in acquittal, dismissal, or conviction when
26        the conviction was reversed or vacated, except as

 

 

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1        excluded by subsection (a)(3)(B);
2            (C) Arrests or charges not initiated by arrest
3        resulting in orders of supervision, including orders
4        of supervision for municipal ordinance violations,
5        successfully completed by the petitioner, unless
6        excluded by subsection (a)(3);
7            (D) Arrests or charges not initiated by arrest
8        resulting in convictions, including convictions on
9        municipal ordinance violations, unless excluded by
10        subsection (a)(3);
11            (E) Arrests or charges not initiated by arrest
12        resulting in orders of first offender probation under
13        Section 10 of the Cannabis Control Act, Section 410 of
14        the Illinois Controlled Substances Act, Section 70 of
15        the Methamphetamine Control and Community Protection
16        Act, or Section 5-6-3.3 of the Unified Code of
17        Corrections; and
18            (F) Arrests or charges not initiated by arrest
19        resulting in felony convictions for the following
20        offenses:
21                (i) Class 4 felony convictions for:
22                    Prostitution under Section 11-14 of the
23                Criminal Code of 1961 or the Criminal Code of
24                2012.
25                    Possession of cannabis under Section 4 of
26                the Cannabis Control Act.

 

 

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1                    Possession of a controlled substance under
2                Section 402 of the Illinois Controlled
3                Substances Act.
4                    Offenses under the Methamphetamine
5                Precursor Control Act.
6                    Offenses under the Steroid Control Act.
7                    Theft under Section 16-1 of the Criminal
8                Code of 1961 or the Criminal Code of 2012.
9                    Retail theft under Section 16A-3 or
10                paragraph (a) of 16-25 of the Criminal Code of
11                1961 or the Criminal Code of 2012.
12                    Deceptive practices under Section 17-1 of
13                the Criminal Code of 1961 or the Criminal Code
14                of 2012.
15                    Forgery under Section 17-3 of the Criminal
16                Code of 1961 or the Criminal Code of 2012.
17                    Possession of burglary tools under Section
18                19-2 of the Criminal Code of 1961 or the
19                Criminal Code of 2012.
20            (ii) Class 3 felony convictions for:
21                    Theft under Section 16-1 of the Criminal
22                Code of 1961 or the Criminal Code of 2012.
23                    Retail theft under Section 16A-3 or
24                paragraph (a) of 16-25 of the Criminal Code of
25                1961 or the Criminal Code of 2012.
26                    Deceptive practices under Section 17-1 of

 

 

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1                the Criminal Code of 1961 or the Criminal Code
2                of 2012.
3                    Forgery under Section 17-3 of the Criminal
4                Code of 1961 or the Criminal Code of 2012.
5                    Possession with intent to manufacture or
6                deliver a controlled substance under Section
7                401 of the Illinois Controlled Substances Act.
8        (3) When Records Are Eligible to Be Sealed. Records
9    identified as eligible under subsection (c)(2) may be
10    sealed as follows:
11            (A) Records identified as eligible under
12        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
13        time.
14            (B) Except as otherwise provided in subparagraph
15        (E) of this paragraph (3), records identified as
16        eligible under subsection (c)(2)(C) may be sealed 2
17        years after the termination of petitioner's last
18        sentence (as defined in subsection (a)(1)(F)).
19            (C) Except as otherwise provided in subparagraph
20        (E) of this paragraph (3), records identified as
21        eligible under subsections (c)(2)(D), (c)(2)(E), and
22        (c)(2)(F) may be sealed 3 years after the termination
23        of the petitioner's last sentence (as defined in
24        subsection (a)(1)(F)).
25            (D) Records identified in subsection
26        (a)(3)(A)(iii) may be sealed after the petitioner has

 

 

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1        reached the age of 25 years.
2            (E) Records identified as eligible under
3        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
4        (c)(2)(F) may be sealed upon termination of the
5        petitioner's last sentence if the petitioner earned a
6        high school diploma, associate's degree, career
7        certificate, vocational technical certification, or
8        bachelor's degree, or passed the high school level Test
9        of General Educational Development, during the period
10        of his or her sentence, aftercare release, or mandatory
11        supervised release. This subparagraph shall apply only
12        to a petitioner who has not completed the same
13        educational goal prior to the period of his or her
14        sentence, aftercare release, or mandatory supervised
15        release. If a petition for sealing eligible records
16        filed under this subparagraph is denied by the court,
17        the time periods under subparagraph (B) or (C) shall
18        apply to any subsequent petition for sealing filed by
19        the petitioner.
20        (4) Subsequent felony convictions. A person may not
21    have subsequent felony conviction records sealed as
22    provided in this subsection (c) if he or she is convicted
23    of any felony offense after the date of the sealing of
24    prior felony convictions as provided in this subsection
25    (c). The court may, upon conviction for a subsequent felony
26    offense, order the unsealing of prior felony conviction

 

 

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1    records previously ordered sealed by the court.
2        (5) Notice of eligibility for sealing. Upon entry of a
3    disposition for an eligible record under this subsection
4    (c), the petitioner shall be informed by the court of the
5    right to have the records sealed and the procedures for the
6    sealing of the records.
7    (d) Procedure. The following procedures apply to
8expungement under subsections (b), (e), and (e-6) and sealing
9under subsections (c) and (e-5):
10        (1) Filing the petition. Upon becoming eligible to
11    petition for the expungement or sealing of records under
12    this Section, the petitioner shall file a petition
13    requesting the expungement or sealing of records with the
14    clerk of the court where the arrests occurred or the
15    charges were brought, or both. If arrests occurred or
16    charges were brought in multiple jurisdictions, a petition
17    must be filed in each such jurisdiction. The petitioner
18    shall pay the applicable fee, except no fee shall be
19    required if the petitioner has obtained a court order
20    waiving fees under Supreme Court Rule 298 or it is
21    otherwise waived if not waived.
22        (1.5) County fee waiver pilot program. In a county of
23    3,000,000 or more inhabitants, no fee shall be required to
24    be paid by a petitioner if the records sought to be
25    expunged or sealed were arrests resulting in release
26    without charging or arrests or charges not initiated by

 

 

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1    arrest resulting in acquittal, dismissal, or conviction
2    when the conviction was reversed or vacated, unless
3    excluded by subsection (a)(3)(B). The provisions of this
4    paragraph (1.5), other than this sentence, are inoperative
5    on and after January 1, 2018 or one year after the
6    effective date of this amendatory Act of the 99th General
7    Assembly, whichever is later.
8        (2) Contents of petition. The petition shall be
9    verified and shall contain the petitioner's name, date of
10    birth, current address and, for each arrest or charge not
11    initiated by arrest sought to be sealed or expunged, the
12    case number, the date of arrest (if any), the identity of
13    the arresting authority, and such other information as the
14    court may require. During the pendency of the proceeding,
15    the petitioner shall promptly notify the circuit court
16    clerk of any change of his or her address. If the
17    petitioner has received a certificate of eligibility for
18    sealing from the Prisoner Review Board under paragraph (10)
19    of subsection (a) of Section 3-3-2 of the Unified Code of
20    Corrections, the certificate shall be attached to the
21    petition.
22        (3) Drug test. The petitioner must attach to the
23    petition proof that the petitioner has passed a test taken
24    within 30 days before the filing of the petition showing
25    the absence within his or her body of all illegal
26    substances as defined by the Illinois Controlled

 

 

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1    Substances Act, the Methamphetamine Control and Community
2    Protection Act, and the Cannabis Control Act if he or she
3    is petitioning to:
4            (A) seal felony records under clause (c)(2)(E);
5            (B) seal felony records for a violation of the
6        Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        or the Cannabis Control Act under clause (c)(2)(F);
9            (C) seal felony records under subsection (e-5); or
10            (D) expunge felony records of a qualified
11        probation under clause (b)(1)(B)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e-5) or (e-6) on the
15    State's Attorney or prosecutor charged with the duty of
16    prosecuting the offense, the Department of State Police,
17    the arresting agency and the chief legal officer of the
18    unit of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection. Whenever a person who has been
25        convicted of an offense is granted a pardon by the
26        Governor which specifically authorizes expungement, an

 

 

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1        objection to the petition may not be filed.
2            (B) Objections to a petition to expunge or seal
3        must be filed within 60 days of the date of service of
4        the petition.
5        (6) Entry of order.
6            (A) The Chief Judge of the circuit wherein the
7        charge was brought, any judge of that circuit
8        designated by the Chief Judge, or in counties of less
9        than 3,000,000 inhabitants, the presiding trial judge
10        at the petitioner's trial, if any, shall rule on the
11        petition to expunge or seal as set forth in this
12        subsection (d)(6).
13            (B) Unless the State's Attorney or prosecutor, the
14        Department of State Police, the arresting agency, or
15        the chief legal officer files an objection to the
16        petition to expunge or seal within 60 days from the
17        date of service of the petition, the court shall enter
18        an order granting or denying the petition.
19        (7) Hearings. If an objection is filed, the court shall
20    set a date for a hearing and notify the petitioner and all
21    parties entitled to notice of the petition of the hearing
22    date at least 30 days prior to the hearing. Prior to the
23    hearing, the State's Attorney shall consult with the
24    Department as to the appropriateness of the relief sought
25    in the petition to expunge or seal. At the hearing, the
26    court shall hear evidence on whether the petition should or

 

 

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1    should not be granted, and shall grant or deny the petition
2    to expunge or seal the records based on the evidence
3    presented at the hearing. The court may consider the
4    following:
5            (A) the strength of the evidence supporting the
6        defendant's conviction;
7            (B) the reasons for retention of the conviction
8        records by the State;
9            (C) the petitioner's age, criminal record history,
10        and employment history;
11            (D) the period of time between the petitioner's
12        arrest on the charge resulting in the conviction and
13        the filing of the petition under this Section; and
14            (E) the specific adverse consequences the
15        petitioner may be subject to if the petition is denied.
16        (8) Service of order. After entering an order to
17    expunge or seal records, the court must provide copies of
18    the order to the Department, in a form and manner
19    prescribed by the Department, to the petitioner, to the
20    State's Attorney or prosecutor charged with the duty of
21    prosecuting the offense, to the arresting agency, to the
22    chief legal officer of the unit of local government
23    effecting the arrest, and to such other criminal justice
24    agencies as may be ordered by the court.
25        (9) Implementation of order.
26            (A) Upon entry of an order to expunge records

 

 

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1        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
2                (i) the records shall be expunged (as defined
3            in subsection (a)(1)(E)) by the arresting agency,
4            the Department, and any other agency as ordered by
5            the court, within 60 days of the date of service of
6            the order, unless a motion to vacate, modify, or
7            reconsider the order is filed pursuant to
8            paragraph (12) of subsection (d) of this Section;
9                (ii) the records of the circuit court clerk
10            shall be impounded until further order of the court
11            upon good cause shown and the name of the
12            petitioner obliterated on the official index
13            required to be kept by the circuit court clerk
14            under Section 16 of the Clerks of Courts Act, but
15            the order shall not affect any index issued by the
16            circuit court clerk before the entry of the order;
17            and
18                (iii) in response to an inquiry for expunged
19            records, the court, the Department, or the agency
20            receiving such inquiry, shall reply as it does in
21            response to inquiries when no records ever
22            existed.
23            (B) Upon entry of an order to expunge records
24        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
25                (i) the records shall be expunged (as defined
26            in subsection (a)(1)(E)) by the arresting agency

 

 

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

 

 

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1            offense; and
2                (v) in response to an inquiry for such records
3            from anyone not authorized by law to access such
4            records, the court, the Department, or the agency
5            receiving such inquiry shall reply as it does in
6            response to inquiries when no records ever
7            existed.
8            (B-5) Upon entry of an order to expunge records
9        under subsection (e-6):
10                (i) the records shall be expunged (as defined
11            in subsection (a)(1)(E)) by the arresting agency
12            and any other agency as ordered by the court,
13            within 60 days of the date of service of the order,
14            unless a motion to vacate, modify, or reconsider
15            the order is filed under paragraph (12) of
16            subsection (d) of this Section;
17                (ii) the records of the circuit court clerk
18            shall be impounded until further order of the court
19            upon good cause shown and the name of the
20            petitioner obliterated on the official index
21            required to be kept by the circuit court clerk
22            under Section 16 of the Clerks of Courts Act, but
23            the order shall not affect any index issued by the
24            circuit court clerk before the entry of the order;
25                (iii) the records shall be impounded by the
26            Department within 60 days of the date of service of

 

 

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1            the order as ordered by the court, unless a motion
2            to vacate, modify, or reconsider the order is filed
3            under paragraph (12) of subsection (d) of this
4            Section;
5                (iv) records impounded by the Department may
6            be disseminated by the Department only as required
7            by law or to the arresting authority, the State's
8            Attorney, and the court upon a later arrest for the
9            same or a similar offense or for the purpose of
10            sentencing for any subsequent felony, and to the
11            Department of Corrections upon conviction for any
12            offense; and
13                (v) in response to an inquiry for these records
14            from anyone not authorized by law to access the
15            records, the court, the Department, or the agency
16            receiving the inquiry shall reply as it does in
17            response to inquiries when no records ever
18            existed.
19            (C) Upon entry of an order to seal records under
20        subsection (c), the arresting agency, any other agency
21        as ordered by the court, the Department, and the court
22        shall seal the records (as defined in subsection
23        (a)(1)(K)). In response to an inquiry for such records,
24        from anyone not authorized by law to access such
25        records, the court, the Department, or the agency
26        receiving such inquiry shall reply as it does in

 

 

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1        response to inquiries when no records ever existed.
2            (D) The Department shall send written notice to the
3        petitioner of its compliance with each order to expunge
4        or seal records within 60 days of the date of service
5        of that order or, if a motion to vacate, modify, or
6        reconsider is filed, within 60 days of service of the
7        order resolving the motion, if that order requires the
8        Department to expunge or seal records. In the event of
9        an appeal from the circuit court order, the Department
10        shall send written notice to the petitioner of its
11        compliance with an Appellate Court or Supreme Court
12        judgment to expunge or seal records within 60 days of
13        the issuance of the court's mandate. The notice is not
14        required while any motion to vacate, modify, or
15        reconsider, or any appeal or petition for
16        discretionary appellate review, is pending.
17        (10) Fees. The Department may charge the petitioner a
18    fee equivalent to the cost of processing any order to
19    expunge or seal records. Notwithstanding any provision of
20    the Clerks of Courts Act to the contrary, the circuit court
21    clerk may charge a fee equivalent to the cost associated
22    with the sealing or expungement of records by the circuit
23    court clerk. From the total filing fee collected for the
24    petition to seal or expunge, the circuit court clerk shall
25    deposit $10 into the Circuit Court Clerk Operation and
26    Administrative Fund, to be used to offset the costs

 

 

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1    incurred by the circuit court clerk in performing the
2    additional duties required to serve the petition to seal or
3    expunge on all parties. The circuit court clerk shall
4    collect and forward the Department of State Police portion
5    of the fee to the Department and it shall be deposited in
6    the State Police Services Fund.
7        (11) Final Order. No court order issued under the
8    expungement or sealing provisions of this Section shall
9    become final for purposes of appeal until 30 days after
10    service of the order on the petitioner and all parties
11    entitled to notice of the petition.
12        (12) Motion to Vacate, Modify, or Reconsider. Under
13    Section 2-1203 of the Code of Civil Procedure, the
14    petitioner or any party entitled to notice may file a
15    motion to vacate, modify, or reconsider the order granting
16    or denying the petition to expunge or seal within 60 days
17    of service of the order. If filed more than 60 days after
18    service of the order, a petition to vacate, modify, or
19    reconsider shall comply with subsection (c) of Section
20    2-1401 of the Code of Civil Procedure. Upon filing of a
21    motion to vacate, modify, or reconsider, notice of the
22    motion shall be served upon the petitioner and all parties
23    entitled to notice of the petition.
24        (13) Effect of Order. An order granting a petition
25    under the expungement or sealing provisions of this Section
26    shall not be considered void because it fails to comply

 

 

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1    with the provisions of this Section or because of any error
2    asserted in a motion to vacate, modify, or reconsider. The
3    circuit court retains jurisdiction to determine whether
4    the order is voidable and to vacate, modify, or reconsider
5    its terms based on a motion filed under paragraph (12) of
6    this subsection (d).
7        (14) Compliance with Order Granting Petition to Seal
8    Records. Unless a court has entered a stay of an order
9    granting a petition to seal, all parties entitled to notice
10    of the petition must fully comply with the terms of the
11    order within 60 days of service of the order even if a
12    party is seeking relief from the order through a motion
13    filed under paragraph (12) of this subsection (d) or is
14    appealing the order.
15        (15) Compliance with Order Granting Petition to
16    Expunge Records. While a party is seeking relief from the
17    order granting the petition to expunge through a motion
18    filed under paragraph (12) of this subsection (d) or is
19    appealing the order, and unless a court has entered a stay
20    of that order, the parties entitled to notice of the
21    petition must seal, but need not expunge, the records until
22    there is a final order on the motion for relief or, in the
23    case of an appeal, the issuance of that court's mandate.
24        (16) The changes to this subsection (d) made by Public
25    Act 98-163 apply to all petitions pending on August 5, 2013
26    (the effective date of Public Act 98-163) and to all orders

 

 

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1    ruling on a petition to expunge or seal on or after August
2    5, 2013 (the effective date of Public Act 98-163).
3    (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered 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 defendant
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 pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only to the
22arresting authority, the State's Attorney, and the court upon a
23later arrest for the same or similar offense or for the purpose
24of sentencing for any subsequent felony. Upon conviction for
25any subsequent offense, the Department of Corrections shall
26have access to all sealed records of the Department pertaining

 

 

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

 

 

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

 

 

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1by the Department may be disseminated by the Department only as
2required by this Act or to the arresting authority, a law
3enforcement agency, the State's Attorney, and the court upon a
4later arrest for the same or similar offense or for the purpose
5of sentencing for any subsequent felony. Upon conviction for
6any subsequent offense, the Department of Corrections shall
7have access to all expunged records of the Department
8pertaining to that individual. Upon entry of the order of
9expungement, the circuit court clerk shall promptly mail a copy
10of the order to the person who was granted the certificate of
11eligibility for expungement.
12    (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of the
17Illinois Department of Corrections, records of the Illinois
18Department of Employment Security shall be utilized as
19appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
25eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
26eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;

 

 

HB6328 Enrolled- 35 -LRB099 19187 RLC 43579 b

198-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
299-385, eff. 1-1-16; revised 10-15-15.)
 
3    Section 10. The Juvenile Court Act of 1987 is amended by
4changing Section 5-915 as follows:
 
5    (705 ILCS 405/5-915)
6    Sec. 5-915. Expungement of juvenile law enforcement and
7court records.
8    (0.05) For purposes of this Section and Section 5-622:
9        "Expunge" means to physically destroy the records and
10    to obliterate the minor's name from any official index or
11    public record, or both. Nothing in this Act shall require
12    the physical destruction of the internal office records,
13    files, or databases maintained by a State's Attorney's
14    Office or other prosecutor.
15        "Law enforcement record" includes but is not limited to
16    records of arrest, station adjustments, fingerprints,
17    probation adjustments, the issuance of a notice to appear,
18    or any other records maintained by a law enforcement agency
19    relating to a minor suspected of committing an offense.
20    (1) Whenever any person has attained the age of 18 or
21whenever all juvenile court proceedings relating to that person
22have been terminated, whichever is later, the person may
23petition the court to expunge law enforcement records relating
24to incidents occurring before his or her 18th birthday or his

 

 

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1or her juvenile court records, or both, but only in the
2following circumstances:
3        (a) the minor was arrested and no petition for
4    delinquency was filed with the clerk of the circuit court;
5    or
6        (b) the minor was charged with an offense and was found
7    not delinquent of that offense; or
8        (c) the minor was placed under supervision pursuant to
9    Section 5-615, and the order of supervision has since been
10    successfully terminated; or
11        (d) the minor was adjudicated for an offense which
12    would be a Class B misdemeanor, Class C misdemeanor, or a
13    petty or business offense if committed by an adult.
14    (1.5) Commencing 180 days after the effective date of this
15amendatory Act of the 98th General Assembly, the Department of
16State Police shall automatically expunge, on or before January
171 of each year, a person's law enforcement records relating to
18incidents occurring before his or her 18th birthday in the
19Department's possession or control and which contains the final
20disposition which pertain to the person when arrested as a
21minor if:
22        (a) the minor was arrested for an eligible offense and
23    no petition for delinquency was filed with the clerk of the
24    circuit court; and
25        (b) the person attained the age of 18 years during the
26    last calendar year; and

 

 

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1        (c) since the date of the minor's most recent arrest,
2    at least 6 months have elapsed without an additional
3    arrest, filing of a petition for delinquency whether
4    related or not to a previous arrest, or filing of charges
5    not initiated by arrest.
6    The Department of State Police shall allow a person to use
7the Access and Review process, established in the Department of
8State Police, for verifying that his or her law enforcement
9records relating to incidents occurring before his or her 18th
10birthday eligible under this subsection have been expunged as
11provided in this subsection.
12    The Department of State Police shall provide by rule the
13process for access, review, and automatic expungement.
14    (1.6) Commencing on the effective date of this amendatory
15Act of the 98th General Assembly, a person whose law
16enforcement records are not subject to subsection (1.5) of this
17Section and who has attained the age of 18 years may use the
18Access and Review process, established in the Department of
19State Police, for verifying his or her law enforcement records
20relating to incidents occurring before his or her 18th birthday
21in the Department's possession or control which pertain to the
22person when arrested as a minor, if the incident occurred no
23earlier than 30 years before the effective date of this
24amendatory Act of the 98th General Assembly. If the person
25identifies a law enforcement record of an eligible offense that
26meets the requirements of this subsection, paragraphs (a) and

 

 

HB6328 Enrolled- 38 -LRB099 19187 RLC 43579 b

1(c) of subsection (1.5) of this Section, and all juvenile court
2proceedings related to the person have been terminated, the
3person may file a Request for Expungement of Juvenile Law
4Enforcement Records, in the form and manner prescribed by the
5Department of State Police, with the Department and the
6Department shall consider expungement of the record as
7otherwise provided for automatic expungement under subsection
8(1.5) of this Section. The person shall provide notice and a
9copy of the Request for Expungement of Juvenile Law Enforcement
10Records to the arresting agency, prosecutor charged with the
11prosecution of the minor, or the State's Attorney of the county
12that prosecuted the minor. The Department of State Police shall
13provide by rule the process for access, review, and Request for
14Expungement of Juvenile Law Enforcement Records.
15    (1.7) Nothing in subsections (1.5) and (1.6) of this
16Section precludes a person from filing a petition under
17subsection (1) for expungement of records subject to automatic
18expungement under subsection (1.5) or (1.6) of this Section.
19    (1.8) For the purposes of subsections (1.5) and (1.6) of
20this Section, "eligible offense" means records relating to an
21arrest or incident occurring before the person's 18th birthday
22that if committed by an adult is not an offense classified as a
23Class 2 felony or higher offense, an offense under Article 11
24of the Criminal Code of 1961 or the Criminal Code of 2012, or
25an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
26of the Criminal Code of 1961.

 

 

HB6328 Enrolled- 39 -LRB099 19187 RLC 43579 b

1    (2) Any person may petition the court to expunge all law
2enforcement records relating to any incidents occurring before
3his or her 18th birthday which did not result in proceedings in
4criminal court and all juvenile court records with respect to
5any adjudications except those based upon first degree murder
6and sex offenses which would be felonies if committed by an
7adult, if the person for whom expungement is sought has had no
8convictions for any crime since his or her 18th birthday and:
9        (a) has attained the age of 21 years; or
10        (b) 5 years have elapsed since all juvenile court
11    proceedings relating to him or her have been terminated or
12    his or her commitment to the Department of Juvenile Justice
13    pursuant to this Act has been terminated;
14whichever is later of (a) or (b). Nothing in this Section 5-915
15precludes a minor from obtaining expungement under Section
165-622.
17    (2.5) If a minor is arrested and no petition for
18delinquency is filed with the clerk of the circuit court as
19provided in paragraph (a) of subsection (1) at the time the
20minor is released from custody, the youth officer, if
21applicable, or other designated person from the arresting
22agency, shall notify verbally and in writing to the minor or
23the minor's parents or guardians that if the State's Attorney
24does not file a petition for delinquency, the minor has a right
25to petition to have his or her arrest record expunged when the
26minor attains the age of 18 or when all juvenile court

 

 

HB6328 Enrolled- 40 -LRB099 19187 RLC 43579 b

1proceedings relating to that minor have been terminated and
2that unless a petition to expunge is filed, the minor shall
3have an arrest record and shall provide the minor and the
4minor's parents or guardians with an expungement information
5packet, including a petition to expunge juvenile records
6obtained from the clerk of the circuit court.
7    (2.6) If a minor is charged with an offense and is found
8not delinquent of that offense; or if a minor is placed under
9supervision under Section 5-615, and the order of supervision
10is successfully terminated; or if a minor is adjudicated for an
11offense that would be a Class B misdemeanor, a Class C
12misdemeanor, or a business or petty offense if committed by an
13adult; or if a minor has incidents occurring before his or her
1418th birthday that have not resulted in proceedings in criminal
15court, or resulted in proceedings in juvenile court, and the
16adjudications were not based upon first degree murder or sex
17offenses that would be felonies if committed by an adult; then
18at the time of sentencing or dismissal of the case, the judge
19shall inform the delinquent minor of his or her right to
20petition for expungement as provided by law, and the clerk of
21the circuit court shall provide an expungement information
22packet to the delinquent minor, written in plain language,
23including a petition for expungement, a sample of a completed
24petition, expungement instructions that shall include
25information informing the minor that (i) once the case is
26expunged, it shall be treated as if it never occurred, (ii) he

 

 

HB6328 Enrolled- 41 -LRB099 19187 RLC 43579 b

1or she may apply to have petition fees waived, (iii) once he or
2she obtains an expungement, he or she may not be required to
3disclose that he or she had a juvenile record, and (iv) he or
4she may file the petition on his or her own or with the
5assistance of an attorney. The failure of the judge to inform
6the delinquent minor of his or her right to petition for
7expungement as provided by law does not create a substantive
8right, nor is that failure grounds for: (i) a reversal of an
9adjudication of delinquency, (ii) a new trial; or (iii) an
10appeal.
11    (2.7) For counties with a population over 3,000,000, the
12clerk of the circuit court shall send a "Notification of a
13Possible Right to Expungement" post card to the minor at the
14address last received by the clerk of the circuit court on the
15date that the minor attains the age of 18 based on the
16birthdate provided to the court by the minor or his or her
17guardian in cases under paragraphs (b), (c), and (d) of
18subsection (1); and when the minor attains the age of 21 based
19on the birthdate provided to the court by the minor or his or
20her guardian in cases under subsection (2).
21    (2.8) The petition for expungement for subsection (1) may
22include multiple offenses on the same petition and shall be
23substantially in the following form:
24
IN THE CIRCUIT COURT OF ......, ILLINOIS
25
........ JUDICIAL CIRCUIT

 

 

 

HB6328 Enrolled- 42 -LRB099 19187 RLC 43579 b

1IN THE INTEREST OF )    NO.
2                   )
3                   )
4...................)
5(Name of Petitioner)
 
6
PETITION TO EXPUNGE JUVENILE RECORDS
7
(705 ILCS 405/5-915 (SUBSECTION 1))
8Now comes ............., petitioner, and respectfully requests
9that this Honorable Court enter an order expunging all juvenile
10law enforcement and court records of petitioner and in support
11thereof states that: Petitioner has attained the age of 18,
12his/her birth date being ......, or all Juvenile Court
13proceedings terminated as of ......, whichever occurred later.
14Petitioner was arrested on ..... by the ....... Police
15Department for the offense or offenses of ......., and:
16(Check All That Apply:)
17( ) a. no petition or petitions were filed with the Clerk of
18the Circuit Court.
19( ) b. was charged with ...... and was found not delinquent of
20the offense or offenses.
21( ) c. a petition or petitions were filed and the petition or
22petitions were dismissed without a finding of delinquency on
23.....
24( ) d. on ....... placed under supervision pursuant to Section
255-615 of the Juvenile Court Act of 1987 and such order of

 

 

HB6328 Enrolled- 43 -LRB099 19187 RLC 43579 b

1supervision successfully terminated on ........
2( ) e. was adjudicated for the offense or offenses, which would
3have been a Class B misdemeanor, a Class C misdemeanor, or a
4petty offense or business offense if committed by an adult.
5Petitioner .... has .... has not been arrested on charges in
6this or any county other than the charges listed above. If
7petitioner has been arrested on additional charges, please list
8the charges below:
9Charge(s): ......
10Arresting Agency or Agencies: ...........
11Disposition/Result: (choose from a. through e., above): .....
12WHEREFORE, the petitioner respectfully requests this Honorable
13Court to (1) order all law enforcement agencies to expunge all
14records of petitioner to this incident or incidents, and (2) to
15order the Clerk of the Court to expunge all records concerning
16the petitioner regarding this incident or incidents.
 
17
......................
18
Petitioner (Signature)

 
19
..........................
20
Petitioner's Street Address

 
21
.....................
22
City, State, Zip Code

 

 

 

HB6328 Enrolled- 44 -LRB099 19187 RLC 43579 b

1
.............................
2
Petitioner's Telephone Number

 
3Pursuant to the penalties of perjury under the Code of Civil
4Procedure, 735 ILCS 5/1-109, I hereby certify that the
5statements in this petition are true and correct, or on
6information and belief I believe the same to be true.
 
7
......................
8
Petitioner (Signature)
9The Petition for Expungement for subsection (2) shall be
10substantially in the following form:
 
11
IN THE CIRCUIT COURT OF ........, ILLINOIS
12
........ JUDICIAL CIRCUIT

 
13IN THE INTEREST OF )    NO.
14                   )
15                   )
16...................)
17(Name of Petitioner)
 
18
PETITION TO EXPUNGE JUVENILE RECORDS
19
(705 ILCS 405/5-915 (SUBSECTION 2))
20
(Please prepare a separate petition for each offense)
21Now comes ............, petitioner, and respectfully requests

 

 

HB6328 Enrolled- 45 -LRB099 19187 RLC 43579 b

1that this Honorable Court enter an order expunging all Juvenile
2Law Enforcement and Court records of petitioner and in support
3thereof states that:
4The incident for which the Petitioner seeks expungement
5occurred before the Petitioner's 18th birthday and did not
6result in proceedings in criminal court and the Petitioner has
7not had any convictions for any crime since his/her 18th
8birthday; and
9The incident for which the Petitioner seeks expungement
10occurred before the Petitioner's 18th birthday and the
11adjudication was not based upon first-degree murder or sex
12offenses which would be felonies if committed by an adult, and
13the Petitioner has not had any convictions for any crime since
14his/her 18th birthday.
15Petitioner was arrested on ...... by the ....... Police
16Department for the offense of ........, and:
17(Check whichever one occurred the latest:)
18( ) a. The Petitioner has attained the age of 21 years, his/her
19birthday being .......; or
20( ) b. 5 years have elapsed since all juvenile court
21proceedings relating to the Petitioner have been terminated; or
22the Petitioner's commitment to the Department of Juvenile
23Justice pursuant to the expungement of juvenile law enforcement
24and court records provisions of the Juvenile Court Act of 1987
25has been terminated. Petitioner ...has ...has not been arrested
26on charges in this or any other county other than the charge

 

 

HB6328 Enrolled- 46 -LRB099 19187 RLC 43579 b

1listed above. If petitioner has been arrested on additional
2charges, please list the charges below:
3Charge(s): ..........
4Arresting Agency or Agencies: .......
5Disposition/Result: (choose from a or b, above): ..........
6WHEREFORE, the petitioner respectfully requests this Honorable
7Court to (1) order all law enforcement agencies to expunge all
8records of petitioner related to this incident, and (2) to
9order the Clerk of the Court to expunge all records concerning
10the petitioner regarding this incident.
 
11
.......................
12
Petitioner (Signature)

 
13
......................
14
Petitioner's Street Address

 
15
.....................
16
City, State, Zip Code
17
.............................
18
Petitioner's Telephone Number

 
19Pursuant to the penalties of perjury under the Code of Civil
20Procedure, 735 ILCS 5/1-109, I hereby certify that the
21statements in this petition are true and correct, or on
22information and belief I believe the same to be true.

 

 

HB6328 Enrolled- 47 -LRB099 19187 RLC 43579 b

1
......................
2
Petitioner (Signature)
3    (3) The chief judge of the circuit in which an arrest was
4made or a charge was brought or any judge of that circuit
5designated by the chief judge may, upon verified petition of a
6person who is the subject of an arrest or a juvenile court
7proceeding under subsection (1) or (2) of this Section, order
8the law enforcement records or official court file, or both, to
9be expunged from the official records of the arresting
10authority, the clerk of the circuit court and the Department of
11State Police. The person whose records are to be expunged shall
12petition the court using the appropriate form containing his or
13her current address and shall promptly notify the clerk of the
14circuit court of any change of address. Notice of the petition
15shall be served upon the State's Attorney or prosecutor charged
16with the duty of prosecuting the offense, the Department of
17State Police, and the arresting agency or agencies by the clerk
18of the circuit court. If an objection is filed within 45 days
19of the notice of the petition, the clerk of the circuit court
20shall set a date for hearing after the 45 day objection period.
21At the hearing the court shall hear evidence on whether the
22expungement should or should not be granted. Unless the State's
23Attorney or prosecutor, the Department of State Police, or an
24arresting agency objects to the expungement within 45 days of
25the notice, the court may enter an order granting expungement.
26The person whose records are to be expunged shall pay the clerk

 

 

HB6328 Enrolled- 48 -LRB099 19187 RLC 43579 b

1of the circuit court a fee equivalent to the cost associated
2with expungement of records by the clerk and the Department of
3State Police. The clerk shall forward a certified copy of the
4order to the Department of State Police, the appropriate
5portion of the fee to the Department of State Police for
6processing, and deliver a certified copy of the order to the
7arresting agency.
8    (3.1) The Notice of Expungement shall be in substantially
9the following form:
10
IN THE CIRCUIT COURT OF ....., ILLINOIS
11
.... JUDICIAL CIRCUIT

 
12IN THE INTEREST OF )    NO.
13                   )
14                   )
15...................)
16(Name of Petitioner)
 
17
NOTICE
18TO:  State's Attorney
19TO:  Arresting Agency
20
21................
22................
23
24................

 

 

HB6328 Enrolled- 49 -LRB099 19187 RLC 43579 b

1................
2TO:  Illinois State Police
3
4.....................
5
6.....................
7ATTENTION: Expungement
8You are hereby notified that on ....., at ....., in courtroom
9..., located at ..., before the Honorable ..., Judge, or any
10judge sitting in his/her stead, I shall then and there present
11a Petition to Expunge Juvenile records in the above-entitled
12matter, at which time and place you may appear.
13
......................
14
Petitioner's Signature
15
...........................
16
Petitioner's Street Address
17
.....................
18
City, State, Zip Code
19
.............................
20
Petitioner's Telephone Number
21
PROOF OF SERVICE
22On the ....... day of ......, 20..., I on oath state that I
23served this notice and true and correct copies of the
24above-checked documents by:
25(Check One:)
26delivering copies personally to each entity to whom they are

 

 

HB6328 Enrolled- 50 -LRB099 19187 RLC 43579 b

1directed;
2or
3by mailing copies to each entity to whom they are directed by
4depositing the same in the U.S. Mail, proper postage fully
5prepaid, before the hour of 5:00 p.m., at the United States
6Postal Depository located at .................
7
.........................................
8
9Signature
10
Clerk of the Circuit Court or Deputy Clerk
11Printed Name of Delinquent Minor/Petitioner: ....
12Address: ........................................
13Telephone Number: ...............................
14    (3.2) The Order of Expungement shall be in substantially
15the following form:
16
IN THE CIRCUIT COURT OF ....., ILLINOIS
17
.... JUDICIAL CIRCUIT

 
18IN THE INTEREST OF )    NO.
19                   )
20                   )
21...................)
22(Name of Petitioner)
 
23DOB ................
24Arresting Agency/Agencies ......

 

 

HB6328 Enrolled- 51 -LRB099 19187 RLC 43579 b

1
ORDER OF EXPUNGEMENT
2
(705 ILCS 405/5-915 (SUBSECTION 3))
3This matter having been heard on the petitioner's motion and
4the court being fully advised in the premises does find that
5the petitioner is indigent or has presented reasonable cause to
6waive all costs in this matter, IT IS HEREBY ORDERED that:
7    ( ) 1. Clerk of Court and Department of State Police costs
8are hereby waived in this matter.
9    ( ) 2. The Illinois State Police Bureau of Identification
10and the following law enforcement agencies expunge all records
11of petitioner relating to an arrest dated ...... for the
12offense of ......
13
Law Enforcement Agencies:
14
.........................
15
.........................
16    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
17Court expunge all records regarding the above-captioned case.
18
ENTER: ......................
19
20JUDGE
21DATED: .......
22Name:
23Attorney for:
24Address: City/State/Zip:
25Attorney Number:
26    (3.3) The Notice of Objection shall be in substantially the

 

 

HB6328 Enrolled- 52 -LRB099 19187 RLC 43579 b

1following form:
2
IN THE CIRCUIT COURT OF ....., ILLINOIS
3
....................... JUDICIAL CIRCUIT

 
4IN THE INTEREST OF )    NO.
5                   )
6                   )
7...................)
8(Name of Petitioner)
 
9
NOTICE OF OBJECTION
10TO:(Attorney, Public Defender, Minor)
11.................................
12.................................
13TO:(Illinois State Police)
14.................................
15.................................
16TO:(Clerk of the Court)
17.................................
18.................................
19TO:(Judge)
20.................................
21.................................
22TO:(Arresting Agency/Agencies)
23.................................
24.................................

 

 

HB6328 Enrolled- 53 -LRB099 19187 RLC 43579 b

1ATTENTION: You are hereby notified that an objection has been
2filed by the following entity regarding the above-named minor's
3petition for expungement of juvenile records:
4( ) State's Attorney's Office;
5( ) Prosecutor (other than State's Attorney's Office) charged
6with the duty of prosecuting the offense sought to be expunged;
7( ) Department of Illinois State Police; or
8( ) Arresting Agency or Agencies.
9The agency checked above respectfully requests that this case
10be continued and set for hearing on whether the expungement
11should or should not be granted.
12DATED: .......
13Name:
14Attorney For:
15Address:
16City/State/Zip:
17Telephone:
18Attorney No.:
19
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
20This matter has been set for hearing on the foregoing
21objection, on ...... in room ...., located at ....., before the
22Honorable ....., Judge, or any judge sitting in his/her stead.
23(Only one hearing shall be set, regardless of the number of
24Notices of Objection received on the same case).
25A copy of this completed Notice of Objection containing the
26court date, time, and location, has been sent via regular U.S.

 

 

HB6328 Enrolled- 54 -LRB099 19187 RLC 43579 b

1Mail to the following entities. (If more than one Notice of
2Objection is received on the same case, each one must be
3completed with the court date, time and location and mailed to
4the following entities):
5( ) Attorney, Public Defender or Minor;
6( ) State's Attorney's Office;
7( ) Prosecutor (other than State's Attorney's Office) charged
8with the duty of prosecuting the offense sought to be expunged;
9( ) Department of Illinois State Police; and
10( ) Arresting agency or agencies.
11Date: ......
12Initials of Clerk completing this section: .....
13    (4) Upon entry of an order expunging records or files, the
14offense, which the records or files concern shall be treated as
15if it never occurred. Law enforcement officers and other public
16offices and agencies shall properly reply on inquiry that no
17record or file exists with respect to the person.
18    (5) Records which have not been expunged are sealed, and
19may be obtained only under the provisions of Sections 5-901,
205-905 and 5-915.
21    (6) Nothing in this Section shall be construed to prohibit
22the maintenance of information relating to an offense after
23records or files concerning the offense have been expunged if
24the information is kept in a manner that does not enable
25identification of the offender. This information may only be
26used for statistical and bona fide research purposes.

 

 

HB6328 Enrolled- 55 -LRB099 19187 RLC 43579 b

1    (6.5) The Department of State Police or any employee of the
2Department shall be immune from civil or criminal liability for
3failure to expunge any records of arrest that are subject to
4expungement under subsection (1.5) or (1.6) of this Section
5because of inability to verify a record. Nothing in subsection
6(1.5) or (1.6) of this Section shall create Department of State
7Police liability or responsibility for the expungement of law
8enforcement records it does not possess.
9    (7)(a) The State Appellate Defender shall establish,
10maintain, and carry out, by December 31, 2004, a juvenile
11expungement program to provide information and assistance to
12minors eligible to have their juvenile records expunged.
13    (b) The State Appellate Defender shall develop brochures,
14pamphlets, and other materials in printed form and through the
15agency's World Wide Web site. The pamphlets and other materials
16shall include at a minimum the following information:
17        (i) An explanation of the State's juvenile expungement
18    process;
19        (ii) The circumstances under which juvenile
20    expungement may occur;
21        (iii) The juvenile offenses that may be expunged;
22        (iv) The steps necessary to initiate and complete the
23    juvenile expungement process; and
24        (v) Directions on how to contact the State Appellate
25    Defender.
26    (c) The State Appellate Defender shall establish and

 

 

HB6328 Enrolled- 56 -LRB099 19187 RLC 43579 b

1maintain a statewide toll-free telephone number that a person
2may use to receive information or assistance concerning the
3expungement of juvenile records. The State Appellate Defender
4shall advertise the toll-free telephone number statewide. The
5State Appellate Defender shall develop an expungement
6information packet that may be sent to eligible persons seeking
7expungement of their juvenile records, which may include, but
8is not limited to, a pre-printed expungement petition with
9instructions on how to complete the petition and a pamphlet
10containing information that would assist individuals through
11the juvenile expungement process.
12    (d) The State Appellate Defender shall compile a statewide
13list of volunteer attorneys willing to assist eligible
14individuals through the juvenile expungement process.
15    (e) This Section shall be implemented from funds
16appropriated by the General Assembly to the State Appellate
17Defender for this purpose. The State Appellate Defender shall
18employ the necessary staff and adopt the necessary rules for
19implementation of this Section.
20    (8)(a) Except with respect to law enforcement agencies, the
21Department of Corrections, State's Attorneys, or other
22prosecutors, an expunged juvenile record may not be considered
23by any private or public entity in employment matters,
24certification, licensing, revocation of certification or
25licensure, or registration. Applications for employment must
26contain specific language that states that the applicant is not

 

 

HB6328 Enrolled- 57 -LRB099 19187 RLC 43579 b

1obligated to disclose expunged juvenile records of conviction
2or arrest. Employers may not ask if an applicant has had a
3juvenile record expunged. Effective January 1, 2005, the
4Department of Labor shall develop a link on the Department's
5website to inform employers that employers may not ask if an
6applicant had a juvenile record expunged and that application
7for employment must contain specific language that states that
8the applicant is not obligated to disclose expunged juvenile
9records of arrest or conviction.
10    (b) A person whose juvenile records have been expunged is
11not entitled to remission of any fines, costs, or other money
12paid as a consequence of expungement. This amendatory Act of
13the 93rd General Assembly does not affect the right of the
14victim of a crime to prosecute or defend a civil action for
15damages.
16    (c) The expungement of juvenile records under Section 5-622
17shall be funded by the additional fine imposed under Section
185-9-1.17 of the Unified Code of Corrections and additional
19appropriations made by the General Assembly for such purpose.
20    (9) The changes made to this Section by Public Act 98-61
21apply to law enforcement records of a minor who has been
22arrested or taken into custody on or after January 1, 2014 (the
23effective date of Public Act 98-61).
24    (10) The changes made in subsection (1.5) of this Section
25by this amendatory Act of the 98th General Assembly apply to
26law enforcement records of a minor who has been arrested or

 

 

HB6328 Enrolled- 58 -LRB099 19187 RLC 43579 b

1taken into custody on or after January 1, 2015. The changes
2made in subsection (1.6) of this Section by this amendatory Act
3of the 98th General Assembly apply to law enforcement records
4of a minor who has been arrested or taken into custody before
5January 1, 2015.
6(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
7eff. 7-16-14.)