Illinois General Assembly - Full Text of HB6328
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Full Text of HB6328  99th General Assembly

HB6328sam001 99TH GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 5/26/2016

 

 


 

 


 
09900HB6328sam001LRB099 19187 RLC 49252 a

1
AMENDMENT TO HOUSE BILL 6328

2    AMENDMENT NO. ______. Amend House Bill 6328 by replacing
3everything after the enacting clause with the following:
 
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),

 

 

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

 

 

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1        successfully completed by the petitioner is not a
2        conviction. An order of supervision or an order of
3        qualified probation that is terminated
4        unsatisfactorily is a conviction, unless the
5        unsatisfactory termination is reversed, vacated, or
6        modified and the judgment of conviction, if any, is
7        reversed or vacated.
8            (D) "Criminal offense" means a petty offense,
9        business offense, misdemeanor, felony, or municipal
10        ordinance violation (as defined in subsection
11        (a)(1)(H)). As used in this Section, a minor traffic
12        offense (as defined in subsection (a)(1)(G)) shall not
13        be considered a criminal offense.
14            (E) "Expunge" means to physically destroy the
15        records or return them to the petitioner and to
16        obliterate the petitioner's name from any official
17        index or public record, or both. Nothing in this Act
18        shall require the physical destruction of the circuit
19        court file, but such records relating to arrests or
20        charges, or both, ordered expunged shall be impounded
21        as required by subsections (d)(9)(A)(ii) and
22        (d)(9)(B)(ii).
23            (F) As used in this Section, "last sentence" means
24        the sentence, order of supervision, or order of
25        qualified probation (as defined by subsection
26        (a)(1)(J)), for a criminal offense (as defined by

 

 

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1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

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1        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2        of the Unified Code of Corrections, Section
3        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4        those provisions existed before their deletion by
5        Public Act 89-313), Section 10-102 of the Illinois
6        Alcoholism and Other Drug Dependency Act, Section
7        40-10 of the Alcoholism and Other Drug Abuse and
8        Dependency Act, or Section 10 of the Steroid Control
9        Act. For the purpose of this Section, "successful
10        completion" of an order of qualified probation under
11        Section 10-102 of the Illinois Alcoholism and Other
12        Drug Dependency Act and Section 40-10 of the Alcoholism
13        and Other Drug Abuse and Dependency Act means that the
14        probation was terminated satisfactorily and the
15        judgment of conviction was vacated.
16            (K) "Seal" means to physically and electronically
17        maintain the records, unless the records would
18        otherwise be destroyed due to age, but to make the
19        records unavailable without a court order, subject to
20        the exceptions in Sections 12 and 13 of this Act. The
21        petitioner's name shall also be obliterated from the
22        official index required to be kept by the circuit court
23        clerk under Section 16 of the Clerks of Courts Act, but
24        any index issued by the circuit court clerk before the
25        entry of the order to seal shall not be affected.
26            (L) "Sexual offense committed against a minor"

 

 

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1        includes but is not limited to the offenses of indecent
2        solicitation of a child or criminal sexual abuse when
3        the victim of such offense is under 18 years of age.
4            (M) "Terminate" as it relates to a sentence or
5        order of supervision or qualified probation includes
6        either satisfactory or unsatisfactory termination of
7        the sentence, unless otherwise specified in this
8        Section.
9        (2) Minor Traffic Offenses. Orders of supervision or
10    convictions for minor traffic offenses shall not affect a
11    petitioner's eligibility to expunge or seal records
12    pursuant to this Section.
13        (3) Exclusions. Except as otherwise provided in
14    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
15    of this Section, the court shall not order:
16            (A) the sealing or expungement of the records of
17        arrests or charges not initiated by arrest that result
18        in an order of supervision for or conviction of: (i)
19        any sexual offense committed against a minor; (ii)
20        Section 11-501 of the Illinois Vehicle Code or a
21        similar provision of a local ordinance; or (iii)
22        Section 11-503 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance, unless the
24        arrest or charge is for a misdemeanor violation of
25        subsection (a) of Section 11-503 or a similar provision
26        of a local ordinance, that occurred prior to the

 

 

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1        offender reaching the age of 25 years and the offender
2        has no other conviction for violating Section 11-501 or
3        11-503 of the Illinois Vehicle Code or a similar
4        provision of a local ordinance.
5            (B) the sealing or expungement of records of minor
6        traffic offenses (as defined in subsection (a)(1)(G)),
7        unless the petitioner was arrested and released
8        without charging.
9            (C) the sealing of the records of arrests or
10        charges not initiated by arrest which result in an
11        order of supervision or a conviction for the following
12        offenses:
13                (i) offenses included in Article 11 of the
14            Criminal Code of 1961 or the Criminal Code of 2012
15            or a similar provision of a local ordinance, except
16            Section 11-14 of the Criminal Code of 1961 or the
17            Criminal Code of 2012, or a similar provision of a
18            local ordinance;
19                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
20            26-5, or 48-1 of the Criminal Code of 1961 or the
21            Criminal Code of 2012, or a similar provision of a
22            local ordinance;
23                (iii) Sections 12-3.1 or 12-3.2 of the
24            Criminal Code of 1961 or the Criminal Code of 2012,
25            or Section 125 of the Stalking No Contact Order
26            Act, or Section 219 of the Civil No Contact Order

 

 

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1            Act, or a similar provision of a local ordinance;
2                (iv) offenses which are Class A misdemeanors
3            under the Humane Care for Animals Act; or
4                (v) any offense or attempted offense that
5            would subject a person to registration under the
6            Sex Offender Registration Act.
7            (D) the sealing of the records of an arrest which
8        results in the petitioner being charged with a felony
9        offense or records of a charge not initiated by arrest
10        for a felony offense unless:
11                (i) the charge is amended to a misdemeanor and
12            is otherwise eligible to be sealed pursuant to
13            subsection (c);
14                (ii) the charge is brought along with another
15            charge as a part of one case and the charge results
16            in acquittal, dismissal, or conviction when the
17            conviction was reversed or vacated, and another
18            charge brought in the same case results in a
19            disposition for a misdemeanor offense that is
20            eligible to be sealed pursuant to subsection (c) or
21            a disposition listed in paragraph (i), (iii), or
22            (iv) of this subsection;
23                (iii) the charge results in first offender
24            probation as set forth in subsection (c)(2)(E);
25                (iv) the charge is for a felony offense listed
26            in subsection (c)(2)(F) or the charge is amended to

 

 

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1            a felony offense listed in subsection (c)(2)(F);
2                (v) the charge results in acquittal,
3            dismissal, or the petitioner's release without
4            conviction; or
5                (vi) the charge results in a conviction, but
6            the conviction was reversed or vacated.
7    (b) Expungement.
8        (1) A petitioner may petition the circuit court to
9    expunge the records of his or her arrests and charges not
10    initiated by arrest when each :
11            (A) He or she has never been convicted of a
12        criminal offense; and
13            (B) Each arrest or charge not initiated by arrest
14        sought to be expunged resulted in: (i) acquittal,
15        dismissal, or the petitioner's release without
16        charging, unless excluded by subsection (a)(3)(B);
17        (ii) a conviction which was vacated or reversed, unless
18        excluded by subsection (a)(3)(B); (iii) an order of
19        supervision and such supervision was successfully
20        completed by the petitioner, unless excluded by
21        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
22        qualified probation (as defined in subsection
23        (a)(1)(J)) and such probation was successfully
24        completed by the petitioner.
25        (1.5) When a petitioner seeks to have a record of
26    arrest expunged under this Section, and the offender has

 

 

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1    been convicted of a criminal offense, the State's Attorney
2    may object to the expungement on the grounds that the
3    records contain specific relevant information aside from
4    the mere fact of the arrest.
5        (2) Time frame for filing a petition to expunge.
6            (A) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an acquittal,
8        dismissal, the petitioner's release without charging,
9        or the reversal or vacation of a conviction, there is
10        no waiting period to petition for the expungement of
11        such records.
12            (B) When the arrest or charge not initiated by
13        arrest sought to be expunged resulted in an order of
14        supervision, successfully completed by the petitioner,
15        the following time frames will apply:
16                (i) Those arrests or charges that resulted in
17            orders of supervision under Section 3-707, 3-708,
18            3-710, or 5-401.3 of the Illinois Vehicle Code or a
19            similar provision of a local ordinance, or under
20            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
21            Code of 1961 or the Criminal Code of 2012, or a
22            similar provision of a local ordinance, shall not
23            be eligible for expungement until 5 years have
24            passed following the satisfactory termination of
25            the supervision.
26                (i-5) Those arrests or charges that resulted

 

 

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1            in orders of supervision for a misdemeanor
2            violation of subsection (a) of Section 11-503 of
3            the Illinois Vehicle Code or a similar provision of
4            a local ordinance, that occurred prior to the
5            offender reaching the age of 25 years and the
6            offender has no other conviction for violating
7            Section 11-501 or 11-503 of the Illinois Vehicle
8            Code or a similar provision of a local ordinance
9            shall not be eligible for expungement until the
10            petitioner has reached the age of 25 years.
11                (ii) Those arrests or charges that resulted in
12            orders of supervision for any other offenses shall
13            not be eligible for expungement until 2 years have
14            passed following the satisfactory termination of
15            the supervision.
16            (C) When the arrest or charge not initiated by
17        arrest sought to be expunged resulted in an order of
18        qualified probation, successfully completed by the
19        petitioner, such records shall not be eligible for
20        expungement until 5 years have passed following the
21        satisfactory termination of the probation.
22        (3) Those records maintained by the Department for
23    persons arrested prior to their 17th birthday shall be
24    expunged as provided in Section 5-915 of the Juvenile Court
25    Act of 1987.
26        (4) Whenever a person has been arrested for or

 

 

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1    convicted of any offense, in the name of a person whose
2    identity he or she has stolen or otherwise come into
3    possession of, the aggrieved person from whom the identity
4    was stolen or otherwise obtained without authorization,
5    upon learning of the person having been arrested using his
6    or her identity, may, upon verified petition to the chief
7    judge of the circuit wherein the arrest was made, have a
8    court order entered nunc pro tunc by the Chief Judge to
9    correct the arrest record, conviction record, if any, and
10    all official records of the arresting authority, the
11    Department, other criminal justice agencies, the
12    prosecutor, and the trial court concerning such arrest, if
13    any, by removing his or her name from all such records in
14    connection with the arrest and conviction, if any, and by
15    inserting in the records the name of the offender, if known
16    or ascertainable, in lieu of the aggrieved's name. The
17    records of the circuit court clerk shall be sealed until
18    further order of the court upon good cause shown and the
19    name of the aggrieved person obliterated on the official
20    index required to be kept by the circuit court clerk under
21    Section 16 of the Clerks of Courts Act, but the order shall
22    not affect any index issued by the circuit court clerk
23    before the entry of the order. Nothing in this Section
24    shall limit the Department of State Police or other
25    criminal justice agencies or prosecutors from listing
26    under an offender's name the false names he or she has

 

 

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1    used.
2        (5) Whenever a person has been convicted of criminal
3    sexual assault, aggravated criminal sexual assault,
4    predatory criminal sexual assault of a child, criminal
5    sexual abuse, or aggravated criminal sexual abuse, the
6    victim of that offense may request that the State's
7    Attorney of the county in which the conviction occurred
8    file a verified petition with the presiding trial judge at
9    the petitioner's trial to have a court order entered to
10    seal the records of the circuit court clerk in connection
11    with the proceedings of the trial court concerning that
12    offense. However, the records of the arresting authority
13    and the Department of State Police concerning the offense
14    shall not be sealed. The court, upon good cause shown,
15    shall make the records of the circuit court clerk in
16    connection with the proceedings of the trial court
17    concerning the offense available for public inspection.
18        (6) If a conviction has been set aside on direct review
19    or on collateral attack and the court determines by clear
20    and convincing evidence that the petitioner was factually
21    innocent of the charge, the court that finds the petitioner
22    factually innocent of the charge shall enter an expungement
23    order for the conviction for which the petitioner has been
24    determined to be innocent as provided in subsection (b) of
25    Section 5-5-4 of the Unified Code of Corrections.
26        (7) Nothing in this Section shall prevent the

 

 

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1    Department of State Police from maintaining all records of
2    any person who is admitted to probation upon terms and
3    conditions and who fulfills those terms and conditions
4    pursuant to Section 10 of the Cannabis Control Act, Section
5    410 of the Illinois Controlled Substances Act, Section 70
6    of the Methamphetamine Control and Community Protection
7    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
8    Corrections, Section 12-4.3 or subdivision (b)(1) of
9    Section 12-3.05 of the Criminal Code of 1961 or the
10    Criminal Code of 2012, Section 10-102 of the Illinois
11    Alcoholism and Other Drug Dependency Act, Section 40-10 of
12    the Alcoholism and Other Drug Abuse and Dependency Act, or
13    Section 10 of the Steroid Control Act.
14        (8) If the petitioner has been granted a certificate of
15    innocence under Section 2-702 of the Code of Civil
16    Procedure, the court that grants the certificate of
17    innocence shall also enter an order expunging the
18    conviction for which the petitioner has been determined to
19    be innocent as provided in subsection (h) of Section 2-702
20    of the Code of Civil Procedure.
21    (c) Sealing.
22        (1) Applicability. Notwithstanding any other provision
23    of this Act to the contrary, and cumulative with any rights
24    to expungement of criminal records, this subsection
25    authorizes the sealing of criminal records of adults and of
26    minors prosecuted as adults.

 

 

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1        (2) Eligible Records. The following records may be
2    sealed:
3            (A) All arrests resulting in release without
4        charging;
5            (B) Arrests or charges not initiated by arrest
6        resulting in acquittal, dismissal, or conviction when
7        the conviction was reversed or vacated, except as
8        excluded by subsection (a)(3)(B);
9            (C) Arrests or charges not initiated by arrest
10        resulting in orders of supervision, including orders
11        of supervision for municipal ordinance violations,
12        successfully completed by the petitioner, unless
13        excluded by subsection (a)(3);
14            (D) Arrests or charges not initiated by arrest
15        resulting in convictions, including convictions on
16        municipal ordinance violations, unless excluded by
17        subsection (a)(3);
18            (E) Arrests or charges not initiated by arrest
19        resulting in orders of first offender probation under
20        Section 10 of the Cannabis Control Act, Section 410 of
21        the Illinois Controlled Substances Act, Section 70 of
22        the Methamphetamine Control and Community Protection
23        Act, or Section 5-6-3.3 of the Unified Code of
24        Corrections; and
25            (F) Arrests or charges not initiated by arrest
26        resulting in felony convictions for the following

 

 

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

 

 

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

 

 

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

 

 

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1        (4) Subsequent felony convictions. A person may not
2    have subsequent felony conviction records sealed as
3    provided in this subsection (c) if he or she is convicted
4    of any felony offense after the date of the sealing of
5    prior felony convictions as provided in this subsection
6    (c). The court may, upon conviction for a subsequent felony
7    offense, order the unsealing of prior felony conviction
8    records previously ordered sealed by the court.
9        (5) Notice of eligibility for sealing. Upon entry of a
10    disposition for an eligible record under this subsection
11    (c), the petitioner shall be informed by the court of the
12    right to have the records sealed and the procedures for the
13    sealing of the records.
14    (d) Procedure. The following procedures apply to
15expungement under subsections (b), (e), and (e-6) and sealing
16under subsections (c) and (e-5):
17        (1) Filing the petition. Upon becoming eligible to
18    petition for the expungement or sealing of records under
19    this Section, the petitioner shall file a petition
20    requesting the expungement or sealing of records with the
21    clerk of the court where the arrests occurred or the
22    charges were brought, or both. If arrests occurred or
23    charges were brought in multiple jurisdictions, a petition
24    must be filed in each such jurisdiction. The petitioner
25    shall pay the applicable fee, except no fee shall be
26    required if the petitioner has obtained a court order

 

 

09900HB6328sam001- 20 -LRB099 19187 RLC 49252 a

1    waiving fees under Supreme Court Rule 298 or it is
2    otherwise waived if not waived.
3        (1.5) County fee waiver pilot program. In a county of
4    3,000,000 or more inhabitants, no fee shall be required to
5    be paid by a petitioner if the records sought to be
6    expunged or sealed were arrests resulting in release
7    without charging or arrests or charges not initiated by
8    arrest resulting in acquittal, dismissal, or conviction
9    when the conviction was reversed or vacated, unless
10    excluded by subsection (a)(3)(B). The provisions of this
11    paragraph (1.5), other than this sentence, are inoperative
12    on and after January 1, 2018 or one year after the
13    effective date of this amendatory Act of the 99th General
14    Assembly, whichever is later.
15        (2) Contents of petition. The petition shall be
16    verified and shall contain the petitioner's name, date of
17    birth, current address and, for each arrest or charge not
18    initiated by arrest sought to be sealed or expunged, the
19    case number, the date of arrest (if any), the identity of
20    the arresting authority, and such other information as the
21    court may require. During the pendency of the proceeding,
22    the petitioner shall promptly notify the circuit court
23    clerk of any change of his or her address. If the
24    petitioner has received a certificate of eligibility for
25    sealing from the Prisoner Review Board under paragraph (10)
26    of subsection (a) of Section 3-3-2 of the Unified Code of

 

 

09900HB6328sam001- 21 -LRB099 19187 RLC 49252 a

1    Corrections, the certificate shall be attached to the
2    petition.
3        (3) Drug test. The petitioner must attach to the
4    petition proof that the petitioner has passed a test taken
5    within 30 days before the filing of the petition showing
6    the absence within his or her body of all illegal
7    substances as defined by the Illinois Controlled
8    Substances Act, the Methamphetamine Control and Community
9    Protection Act, and the Cannabis Control Act if he or she
10    is petitioning to:
11            (A) seal felony records under clause (c)(2)(E);
12            (B) seal felony records for a violation of the
13        Illinois Controlled Substances Act, the
14        Methamphetamine Control and Community Protection Act,
15        or the Cannabis Control Act under clause (c)(2)(F);
16            (C) seal felony records under subsection (e-5); or
17            (D) expunge felony records of a qualified
18        probation under clause (b)(1)(B)(iv).
19        (4) Service of petition. The circuit court clerk shall
20    promptly serve a copy of the petition and documentation to
21    support the petition under subsection (e-5) or (e-6) on the
22    State's Attorney or prosecutor charged with the duty of
23    prosecuting the offense, the Department of State Police,
24    the arresting agency and the chief legal officer of the
25    unit of local government effecting the arrest.
26        (5) Objections.

 

 

09900HB6328sam001- 22 -LRB099 19187 RLC 49252 a

1            (A) Any party entitled to notice of the petition
2        may file an objection to the petition. All objections
3        shall be in writing, shall be filed with the circuit
4        court clerk, and shall state with specificity the basis
5        of the objection. Whenever a person who has been
6        convicted of an offense is granted a pardon by the
7        Governor which specifically authorizes expungement, an
8        objection to the petition may not be filed.
9            (B) Objections to a petition to expunge or seal
10        must be filed within 60 days of the date of service of
11        the petition.
12        (6) Entry of order.
13            (A) The Chief Judge of the circuit wherein the
14        charge was brought, any judge of that circuit
15        designated by the Chief Judge, or in counties of less
16        than 3,000,000 inhabitants, the presiding trial judge
17        at the petitioner's trial, if any, shall rule on the
18        petition to expunge or seal as set forth in this
19        subsection (d)(6).
20            (B) Unless the State's Attorney or prosecutor, the
21        Department of State Police, the arresting agency, or
22        the chief legal officer files an objection to the
23        petition to expunge or seal within 60 days from the
24        date of service of the petition, the court shall enter
25        an order granting or denying the petition.
26        (7) Hearings. If an objection is filed, the court shall

 

 

09900HB6328sam001- 23 -LRB099 19187 RLC 49252 a

1    set a date for a hearing and notify the petitioner and all
2    parties entitled to notice of the petition of the hearing
3    date at least 30 days prior to the hearing. Prior to the
4    hearing, the State's Attorney shall consult with the
5    Department as to the appropriateness of the relief sought
6    in the petition to expunge or seal. At the hearing, the
7    court shall hear evidence on whether the petition should or
8    should not be granted, and shall grant or deny the petition
9    to expunge or seal the records based on the evidence
10    presented at the hearing. The court may consider the
11    following:
12            (A) the strength of the evidence supporting the
13        defendant's conviction;
14            (B) the reasons for retention of the conviction
15        records by the State;
16            (C) the petitioner's age, criminal record history,
17        and employment history;
18            (D) the period of time between the petitioner's
19        arrest on the charge resulting in the conviction and
20        the filing of the petition under this Section; and
21            (E) the specific adverse consequences the
22        petitioner may be subject to if the petition is denied.
23        (8) Service of order. After entering an order to
24    expunge or seal records, the court must provide copies of
25    the order to the Department, in a form and manner
26    prescribed by the Department, to the petitioner, to the

 

 

09900HB6328sam001- 24 -LRB099 19187 RLC 49252 a

1    State's Attorney or prosecutor charged with the duty of
2    prosecuting the offense, to the arresting agency, to the
3    chief legal officer of the unit of local government
4    effecting the arrest, and to such other criminal justice
5    agencies as may be ordered by the court.
6        (9) Implementation of order.
7            (A) Upon entry of an order to expunge records
8        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
9                (i) the records shall be expunged (as defined
10            in subsection (a)(1)(E)) by the arresting agency,
11            the Department, and any other agency as ordered by
12            the court, within 60 days of the date of service of
13            the order, unless a motion to vacate, modify, or
14            reconsider the order is filed pursuant to
15            paragraph (12) of subsection (d) of this Section;
16                (ii) the records of the circuit court clerk
17            shall be impounded until further order of the court
18            upon good cause shown and the name of the
19            petitioner obliterated on the official index
20            required to be kept by the circuit court clerk
21            under Section 16 of the Clerks of Courts Act, but
22            the order shall not affect any index issued by the
23            circuit court clerk before the entry of the order;
24            and
25                (iii) in response to an inquiry for expunged
26            records, the court, the Department, or the agency

 

 

09900HB6328sam001- 25 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 26 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 27 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 28 -LRB099 19187 RLC 49252 a

1        subsection (c), the arresting agency, any other agency
2        as ordered by the court, the Department, and the court
3        shall seal the records (as defined in subsection
4        (a)(1)(K)). In response to an inquiry for such records,
5        from anyone not authorized by law to access such
6        records, the court, the Department, or the agency
7        receiving such inquiry shall reply as it does in
8        response to inquiries when no records ever existed.
9            (D) The Department shall send written notice to the
10        petitioner of its compliance with each order to expunge
11        or seal records within 60 days of the date of service
12        of that order or, if a motion to vacate, modify, or
13        reconsider is filed, within 60 days of service of the
14        order resolving the motion, if that order requires the
15        Department to expunge or seal records. In the event of
16        an appeal from the circuit court order, the Department
17        shall send written notice to the petitioner of its
18        compliance with an Appellate Court or Supreme Court
19        judgment to expunge or seal records within 60 days of
20        the issuance of the court's mandate. The notice is not
21        required while any motion to vacate, modify, or
22        reconsider, or any appeal or petition for
23        discretionary appellate review, is pending.
24        (10) Fees. The Department may charge the petitioner a
25    fee equivalent to the cost of processing any order to
26    expunge or seal records. Notwithstanding any provision of

 

 

09900HB6328sam001- 29 -LRB099 19187 RLC 49252 a

1    the Clerks of Courts Act to the contrary, the circuit court
2    clerk may charge a fee equivalent to the cost associated
3    with the sealing or expungement of records by the circuit
4    court clerk. From the total filing fee collected for the
5    petition to seal or expunge, the circuit court clerk shall
6    deposit $10 into the Circuit Court Clerk Operation and
7    Administrative Fund, to be used to offset the costs
8    incurred by the circuit court clerk in performing the
9    additional duties required to serve the petition to seal or
10    expunge on all parties. The circuit court clerk shall
11    collect and forward the Department of State Police portion
12    of the fee to the Department and it shall be deposited in
13    the State Police Services Fund.
14        (11) Final Order. No court order issued under the
15    expungement or sealing provisions of this Section shall
16    become final for purposes of appeal until 30 days after
17    service of the order on the petitioner and all parties
18    entitled to notice of the petition.
19        (12) Motion to Vacate, Modify, or Reconsider. Under
20    Section 2-1203 of the Code of Civil Procedure, the
21    petitioner or any party entitled to notice may file a
22    motion to vacate, modify, or reconsider the order granting
23    or denying the petition to expunge or seal within 60 days
24    of service of the order. If filed more than 60 days after
25    service of the order, a petition to vacate, modify, or
26    reconsider shall comply with subsection (c) of Section

 

 

09900HB6328sam001- 30 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 31 -LRB099 19187 RLC 49252 a

1    of that order, the parties entitled to notice of the
2    petition must seal, but need not expunge, the records until
3    there is a final order on the motion for relief or, in the
4    case of an appeal, the issuance of that court's mandate.
5        (16) The changes to this subsection (d) made by Public
6    Act 98-163 apply to all petitions pending on August 5, 2013
7    (the effective date of Public Act 98-163) and to all orders
8    ruling on a petition to expunge or seal on or after August
9    5, 2013 (the effective date of Public Act 98-163).
10    (e) Whenever a person who has been convicted of an offense
11is granted a pardon by the Governor which specifically
12authorizes expungement, he or she may, upon verified petition
13to the Chief Judge of the circuit where the person had been
14convicted, any judge of the circuit designated by the Chief
15Judge, or in counties of less than 3,000,000 inhabitants, the
16presiding trial judge at the defendant's trial, have a court
17order entered expunging the record of arrest from the official
18records of the arresting authority and order that the records
19of the circuit court clerk and the Department be sealed until
20further order of the court upon good cause shown or as
21otherwise provided herein, and the name of the defendant
22obliterated from the official index requested to be kept by the
23circuit court clerk under Section 16 of the Clerks of Courts
24Act in connection with the arrest and conviction for the
25offense for which he or she had been pardoned but the order
26shall not affect any index issued by the circuit court clerk

 

 

09900HB6328sam001- 32 -LRB099 19187 RLC 49252 a

1before the entry of the order. All records sealed by the
2Department may be disseminated by the Department only to the
3arresting authority, 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 sealed records of the Department pertaining
8to that individual. Upon entry of the order of expungement, the
9circuit court clerk shall promptly mail a copy of the order to
10the person who was pardoned.
11    (e-5) Whenever a person who has been convicted of an
12offense is granted a certificate of eligibility for sealing by
13the Prisoner Review Board which specifically authorizes
14sealing, he or she may, upon verified petition to the Chief
15Judge of the circuit where the person had been convicted, any
16judge of the circuit designated by the Chief Judge, or in
17counties of less than 3,000,000 inhabitants, the presiding
18trial judge at the petitioner's trial, have a court order
19entered sealing the record of arrest from the official records
20of the arresting authority and order that the records of the
21circuit court clerk and the Department be sealed until further
22order of the court upon good cause shown or as otherwise
23provided herein, and the name of the petitioner obliterated
24from the official index requested to be kept by the circuit
25court clerk under Section 16 of the Clerks of Courts Act in
26connection with the arrest and conviction for the offense for

 

 

09900HB6328sam001- 33 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 34 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 35 -LRB099 19187 RLC 49252 a

1disclose any data in a manner that would allow the
2identification of any particular individual or employing unit.
3The study shall be made available to the General Assembly no
4later than September 1, 2010.
5(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
6eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
7eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
898-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
999-385, eff. 1-1-16; revised 10-15-15.)
 
10    Section 10. The Juvenile Court Act of 1987 is amended by
11changing Section 5-915 as follows:
 
12    (705 ILCS 405/5-915)
13    Sec. 5-915. Expungement of juvenile law enforcement and
14court records.
15    (0.05) For purposes of this Section and Section 5-622:
16        "Expunge" means to physically destroy the records and
17    to obliterate the minor's name from any official index or
18    public record, or both. Nothing in this Act shall require
19    the physical destruction of the internal office records,
20    files, or databases maintained by a State's Attorney's
21    Office or other prosecutor.
22        "Law enforcement record" includes but is not limited to
23    records of arrest, station adjustments, fingerprints,
24    probation adjustments, the issuance of a notice to appear,

 

 

09900HB6328sam001- 36 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 37 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 38 -LRB099 19187 RLC 49252 a

1relating to incidents occurring before his or her 18th birthday
2in the Department's possession or control which pertain to the
3person when arrested as a minor, if the incident occurred no
4earlier than 30 years before the effective date of this
5amendatory Act of the 98th General Assembly. If the person
6identifies a law enforcement record of an eligible offense that
7meets the requirements of this subsection, paragraphs (a) and
8(c) of subsection (1.5) of this Section, and all juvenile court
9proceedings related to the person have been terminated, the
10person may file a Request for Expungement of Juvenile Law
11Enforcement Records, in the form and manner prescribed by the
12Department of State Police, with the Department and the
13Department shall consider expungement of the record as
14otherwise provided for automatic expungement under subsection
15(1.5) of this Section. The person shall provide notice and a
16copy of the Request for Expungement of Juvenile Law Enforcement
17Records to the arresting agency, prosecutor charged with the
18prosecution of the minor, or the State's Attorney of the county
19that prosecuted the minor. The Department of State Police shall
20provide by rule the process for access, review, and Request for
21Expungement of Juvenile Law Enforcement Records.
22    (1.7) Nothing in subsections (1.5) and (1.6) of this
23Section precludes a person from filing a petition under
24subsection (1) for expungement of records subject to automatic
25expungement under subsection (1.5) or (1.6) of this Section.
26    (1.8) For the purposes of subsections (1.5) and (1.6) of

 

 

09900HB6328sam001- 39 -LRB099 19187 RLC 49252 a

1this Section, "eligible offense" means records relating to an
2arrest or incident occurring before the person's 18th birthday
3that if committed by an adult is not an offense classified as a
4Class 2 felony or higher offense, an offense under Article 11
5of the Criminal Code of 1961 or the Criminal Code of 2012, or
6an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
7of the Criminal Code of 1961.
8    (2) Any person may petition the court to expunge all law
9enforcement records relating to any incidents occurring before
10his or her 18th birthday which did not result in proceedings in
11criminal court and all juvenile court records with respect to
12any adjudications except those based upon first degree murder
13and sex offenses which would be felonies if committed by an
14adult, if the person for whom expungement is sought has had no
15convictions for any crime since his or her 18th birthday and:
16        (a) has attained the age of 21 years; or
17        (b) 5 years have elapsed since all juvenile court
18    proceedings relating to him or her have been terminated or
19    his or her commitment to the Department of Juvenile Justice
20    pursuant to this Act has been terminated;
21whichever is later of (a) or (b). Nothing in this Section 5-915
22precludes a minor from obtaining expungement under Section
235-622.
24    (2.5) If a minor is arrested and no petition for
25delinquency is filed with the clerk of the circuit court as
26provided in paragraph (a) of subsection (1) at the time the

 

 

09900HB6328sam001- 40 -LRB099 19187 RLC 49252 a

1minor is released from custody, the youth officer, if
2applicable, or other designated person from the arresting
3agency, shall notify verbally and in writing to the minor or
4the minor's parents or guardians that if the State's Attorney
5does not file a petition for delinquency, the minor has a right
6to petition to have his or her arrest record expunged when the
7minor attains the age of 18 or when all juvenile court
8proceedings relating to that minor have been terminated and
9that unless a petition to expunge is filed, the minor shall
10have an arrest record and shall provide the minor and the
11minor's parents or guardians with an expungement information
12packet, including a petition to expunge juvenile records
13obtained from the clerk of the circuit court.
14    (2.6) If a minor is charged with an offense and is found
15not delinquent of that offense; or if a minor is placed under
16supervision under Section 5-615, and the order of supervision
17is successfully terminated; or if a minor is adjudicated for an
18offense that would be a Class B misdemeanor, a Class C
19misdemeanor, or a business or petty offense if committed by an
20adult; or if a minor has incidents occurring before his or her
2118th birthday that have not resulted in proceedings in criminal
22court, or resulted in proceedings in juvenile court, and the
23adjudications were not based upon first degree murder or sex
24offenses that would be felonies if committed by an adult; then
25at the time of sentencing or dismissal of the case, the judge
26shall inform the delinquent minor of his or her right to

 

 

09900HB6328sam001- 41 -LRB099 19187 RLC 49252 a

1petition for expungement as provided by law, and the clerk of
2the circuit court shall provide an expungement information
3packet to the delinquent minor, written in plain language,
4including a petition for expungement, a sample of a completed
5petition, expungement instructions that shall include
6information informing the minor that (i) once the case is
7expunged, it shall be treated as if it never occurred, (ii) he
8or she may apply to have petition fees waived, (iii) once he or
9she obtains an expungement, he or she may not be required to
10disclose that he or she had a juvenile record, and (iv) he or
11she may file the petition on his or her own or with the
12assistance of an attorney. The failure of the judge to inform
13the delinquent minor of his or her right to petition for
14expungement as provided by law does not create a substantive
15right, nor is that failure grounds for: (i) a reversal of an
16adjudication of delinquency, (ii) a new trial; or (iii) an
17appeal.
18    (2.7) For counties with a population over 3,000,000, the
19clerk of the circuit court shall send a "Notification of a
20Possible Right to Expungement" post card to the minor at the
21address last received by the clerk of the circuit court on the
22date that the minor attains the age of 18 based on the
23birthdate provided to the court by the minor or his or her
24guardian in cases under paragraphs (b), (c), and (d) of
25subsection (1); and when the minor attains the age of 21 based
26on the birthdate provided to the court by the minor or his or

 

 

09900HB6328sam001- 42 -LRB099 19187 RLC 49252 a

1her guardian in cases under subsection (2).
2    (2.8) The petition for expungement for subsection (1) may
3include multiple offenses on the same petition and shall be
4substantially in the following form:
5
IN THE CIRCUIT COURT OF ......, ILLINOIS
6
........ JUDICIAL CIRCUIT

 
7IN THE INTEREST OF )    NO.
8                   )
9                   )
10...................)
11(Name of Petitioner)
 
12
PETITION TO EXPUNGE JUVENILE RECORDS
13
(705 ILCS 405/5-915 (SUBSECTION 1))
14Now comes ............., petitioner, and respectfully requests
15that this Honorable Court enter an order expunging all juvenile
16law enforcement and court records of petitioner and in support
17thereof states that: Petitioner has attained the age of 18,
18his/her birth date being ......, or all Juvenile Court
19proceedings terminated as of ......, whichever occurred later.
20Petitioner was arrested on ..... by the ....... Police
21Department for the offense or offenses of ......., and:
22(Check All That Apply:)
23( ) a. no petition or petitions were filed with the Clerk of
24the Circuit Court.

 

 

09900HB6328sam001- 43 -LRB099 19187 RLC 49252 a

1( ) b. was charged with ...... and was found not delinquent of
2the offense or offenses.
3( ) c. a petition or petitions were filed and the petition or
4petitions were dismissed without a finding of delinquency on
5.....
6( ) d. on ....... placed under supervision pursuant to Section
75-615 of the Juvenile Court Act of 1987 and such order of
8supervision successfully terminated on ........
9( ) e. was adjudicated for the offense or offenses, which would
10have been a Class B misdemeanor, a Class C misdemeanor, or a
11petty offense or business offense if committed by an adult.
12Petitioner .... has .... has not been arrested on charges in
13this or any county other than the charges listed above. If
14petitioner has been arrested on additional charges, please list
15the charges below:
16Charge(s): ......
17Arresting Agency or Agencies: ...........
18Disposition/Result: (choose from a. through e., above): .....
19WHEREFORE, the petitioner respectfully requests this Honorable
20Court to (1) order all law enforcement agencies to expunge all
21records of petitioner to this incident or incidents, and (2) to
22order the Clerk of the Court to expunge all records concerning
23the petitioner regarding this incident or incidents.
 
24
......................
25
Petitioner (Signature)

 

 

 

09900HB6328sam001- 44 -LRB099 19187 RLC 49252 a

1
..........................
2
Petitioner's Street Address

 
3
.....................
4
City, State, Zip Code

 
5
.............................
6
Petitioner's Telephone Number

 
7Pursuant to the penalties of perjury under the Code of Civil
8Procedure, 735 ILCS 5/1-109, I hereby certify that the
9statements in this petition are true and correct, or on
10information and belief I believe the same to be true.
 
11
......................
12
Petitioner (Signature)
13The Petition for Expungement for subsection (2) shall be
14substantially in the following form:
 
15
IN THE CIRCUIT COURT OF ........, ILLINOIS
16
........ JUDICIAL CIRCUIT

 
17IN THE INTEREST OF )    NO.
18                   )
19                   )

 

 

09900HB6328sam001- 45 -LRB099 19187 RLC 49252 a

1...................)
2(Name of Petitioner)
 
3
PETITION TO EXPUNGE JUVENILE RECORDS
4
(705 ILCS 405/5-915 (SUBSECTION 2))
5
(Please prepare a separate petition for each offense)
6Now comes ............, petitioner, and respectfully requests
7that this Honorable Court enter an order expunging all Juvenile
8Law Enforcement and Court records of petitioner and in support
9thereof states that:
10The incident for which the Petitioner seeks expungement
11occurred before the Petitioner's 18th birthday and did not
12result in proceedings in criminal court and the Petitioner has
13not had any convictions for any crime since his/her 18th
14birthday; and
15The incident for which the Petitioner seeks expungement
16occurred before the Petitioner's 18th birthday and the
17adjudication was not based upon first-degree murder or sex
18offenses which would be felonies if committed by an adult, and
19the Petitioner has not had any convictions for any crime since
20his/her 18th birthday.
21Petitioner was arrested on ...... by the ....... Police
22Department for the offense of ........, and:
23(Check whichever one occurred the latest:)
24( ) a. The Petitioner has attained the age of 21 years, his/her
25birthday being .......; or

 

 

09900HB6328sam001- 46 -LRB099 19187 RLC 49252 a

1( ) b. 5 years have elapsed since all juvenile court
2proceedings relating to the Petitioner have been terminated; or
3the Petitioner's commitment to the Department of Juvenile
4Justice pursuant to the expungement of juvenile law enforcement
5and court records provisions of the Juvenile Court Act of 1987
6has been terminated. Petitioner ...has ...has not been arrested
7on charges in this or any other county other than the charge
8listed above. If petitioner has been arrested on additional
9charges, please list the charges below:
10Charge(s): ..........
11Arresting Agency or Agencies: .......
12Disposition/Result: (choose from a or b, above): ..........
13WHEREFORE, the petitioner respectfully requests this Honorable
14Court to (1) order all law enforcement agencies to expunge all
15records of petitioner related to this incident, and (2) to
16order the Clerk of the Court to expunge all records concerning
17the petitioner regarding this incident.
 
18
.......................
19
Petitioner (Signature)

 
20
......................
21
Petitioner's Street Address

 
22
.....................
23
City, State, Zip Code

 

 

09900HB6328sam001- 47 -LRB099 19187 RLC 49252 a

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)
9    (3) The chief judge of the circuit in which an arrest was
10made or a charge was brought or any judge of that circuit
11designated by the chief judge may, upon verified petition of a
12person who is the subject of an arrest or a juvenile court
13proceeding under subsection (1) or (2) of this Section, order
14the law enforcement records or official court file, or both, to
15be expunged from the official records of the arresting
16authority, the clerk of the circuit court and the Department of
17State Police. The person whose records are to be expunged shall
18petition the court using the appropriate form containing his or
19her current address and shall promptly notify the clerk of the
20circuit court of any change of address. Notice of the petition
21shall be served upon the State's Attorney or prosecutor charged
22with the duty of prosecuting the offense, the Department of
23State Police, and the arresting agency or agencies by the clerk
24of the circuit court. If an objection is filed within 45 days
25of the notice of the petition, the clerk of the circuit court

 

 

09900HB6328sam001- 48 -LRB099 19187 RLC 49252 a

1shall set a date for hearing after the 45 day objection period.
2At the hearing the court shall hear evidence on whether the
3expungement should or should not be granted. Unless the State's
4Attorney or prosecutor, the Department of State Police, or an
5arresting agency objects to the expungement within 45 days of
6the notice, the court may enter an order granting expungement.
7The person whose records are to be expunged shall pay the clerk
8of the circuit court a fee equivalent to the cost associated
9with expungement of records by the clerk and the Department of
10State Police. The clerk shall forward a certified copy of the
11order to the Department of State Police, the appropriate
12portion of the fee to the Department of State Police for
13processing, and deliver a certified copy of the order to the
14arresting agency.
15    (3.1) The Notice of Expungement shall be in substantially
16the following form:
17
IN THE CIRCUIT COURT OF ....., ILLINOIS
18
.... JUDICIAL CIRCUIT

 
19IN THE INTEREST OF )    NO.
20                   )
21                   )
22...................)
23(Name of Petitioner)
 
24
NOTICE

 

 

09900HB6328sam001- 49 -LRB099 19187 RLC 49252 a

1TO:  State's Attorney
2TO:  Arresting Agency
3
4................
5................
6
7................
8................
9TO:  Illinois State Police
10
11.....................
12
13.....................
14ATTENTION: Expungement
15You are hereby notified that on ....., at ....., in courtroom
16..., located at ..., before the Honorable ..., Judge, or any
17judge sitting in his/her stead, I shall then and there present
18a Petition to Expunge Juvenile records in the above-entitled
19matter, at which time and place you may appear.
20
......................
21
Petitioner's Signature
22
...........................
23
Petitioner's Street Address
24
.....................
25
City, State, Zip Code
26
.............................

 

 

09900HB6328sam001- 50 -LRB099 19187 RLC 49252 a

1
Petitioner's Telephone Number
2
PROOF OF SERVICE
3On the ....... day of ......, 20..., I on oath state that I
4served this notice and true and correct copies of the
5above-checked documents by:
6(Check One:)
7delivering copies personally to each entity to whom they are
8directed;
9or
10by mailing copies to each entity to whom they are directed by
11depositing the same in the U.S. Mail, proper postage fully
12prepaid, before the hour of 5:00 p.m., at the United States
13Postal Depository located at .................
14
.........................................
15
16Signature
17
Clerk of the Circuit Court or Deputy Clerk
18Printed Name of Delinquent Minor/Petitioner: ....
19Address: ........................................
20Telephone Number: ...............................
21    (3.2) The Order of Expungement shall be in substantially
22the following form:
23
IN THE CIRCUIT COURT OF ....., ILLINOIS
24
.... JUDICIAL CIRCUIT

 
25IN THE INTEREST OF )    NO.

 

 

09900HB6328sam001- 51 -LRB099 19187 RLC 49252 a

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

 

 

09900HB6328sam001- 52 -LRB099 19187 RLC 49252 a

1JUDGE
2DATED: .......
3Name:
4Attorney for:
5Address: City/State/Zip:
6Attorney Number:
7    (3.3) The Notice of Objection shall be in substantially the
8following form:
9
IN THE CIRCUIT COURT OF ....., ILLINOIS
10
....................... JUDICIAL CIRCUIT

 
11IN THE INTEREST OF )    NO.
12                   )
13                   )
14...................)
15(Name of Petitioner)
 
16
NOTICE OF OBJECTION
17TO:(Attorney, Public Defender, Minor)
18.................................
19.................................
20TO:(Illinois State Police)
21.................................
22.................................
23TO:(Clerk of the Court)
24.................................

 

 

09900HB6328sam001- 53 -LRB099 19187 RLC 49252 a

1.................................
2TO:(Judge)
3.................................
4.................................
5TO:(Arresting Agency/Agencies)
6.................................
7.................................
8ATTENTION: You are hereby notified that an objection has been
9filed by the following entity regarding the above-named minor's
10petition for expungement of juvenile records:
11( ) State's Attorney's Office;
12( ) Prosecutor (other than State's Attorney's Office) charged
13with the duty of prosecuting the offense sought to be expunged;
14( ) Department of Illinois State Police; or
15( ) Arresting Agency or Agencies.
16The agency checked above respectfully requests that this case
17be continued and set for hearing on whether the expungement
18should or should not be granted.
19DATED: .......
20Name:
21Attorney For:
22Address:
23City/State/Zip:
24Telephone:
25Attorney No.:
26
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY

 

 

09900HB6328sam001- 54 -LRB099 19187 RLC 49252 a

1This matter has been set for hearing on the foregoing
2objection, on ...... in room ...., located at ....., before the
3Honorable ....., Judge, or any judge sitting in his/her stead.
4(Only one hearing shall be set, regardless of the number of
5Notices of Objection received on the same case).
6A copy of this completed Notice of Objection containing the
7court date, time, and location, has been sent via regular U.S.
8Mail to the following entities. (If more than one Notice of
9Objection is received on the same case, each one must be
10completed with the court date, time and location and mailed to
11the following entities):
12( ) Attorney, Public Defender or Minor;
13( ) State's Attorney's Office;
14( ) Prosecutor (other than State's Attorney's Office) charged
15with the duty of prosecuting the offense sought to be expunged;
16( ) Department of Illinois State Police; and
17( ) Arresting agency or agencies.
18Date: ......
19Initials of Clerk completing this section: .....
20    (4) Upon entry of an order expunging records or files, the
21offense, which the records or files concern shall be treated as
22if it never occurred. Law enforcement officers and other public
23offices and agencies shall properly reply on inquiry that no
24record or file exists with respect to the person.
25    (5) Records which have not been expunged are sealed, and
26may be obtained only under the provisions of Sections 5-901,

 

 

09900HB6328sam001- 55 -LRB099 19187 RLC 49252 a

15-905 and 5-915.
2    (6) Nothing in this Section shall be construed to prohibit
3the maintenance of information relating to an offense after
4records or files concerning the offense have been expunged if
5the information is kept in a manner that does not enable
6identification of the offender. This information may only be
7used for statistical and bona fide research purposes.
8    (6.5) The Department of State Police or any employee of the
9Department shall be immune from civil or criminal liability for
10failure to expunge any records of arrest that are subject to
11expungement under subsection (1.5) or (1.6) of this Section
12because of inability to verify a record. Nothing in subsection
13(1.5) or (1.6) of this Section shall create Department of State
14Police liability or responsibility for the expungement of law
15enforcement records it does not possess.
16    (7)(a) The State Appellate Defender shall establish,
17maintain, and carry out, by December 31, 2004, a juvenile
18expungement program to provide information and assistance to
19minors eligible to have their juvenile records expunged.
20    (b) The State Appellate Defender shall develop brochures,
21pamphlets, and other materials in printed form and through the
22agency's World Wide Web site. The pamphlets and other materials
23shall include at a minimum the following information:
24        (i) An explanation of the State's juvenile expungement
25    process;
26        (ii) The circumstances under which juvenile

 

 

09900HB6328sam001- 56 -LRB099 19187 RLC 49252 a

1    expungement may occur;
2        (iii) The juvenile offenses that may be expunged;
3        (iv) The steps necessary to initiate and complete the
4    juvenile expungement process; and
5        (v) Directions on how to contact the State Appellate
6    Defender.
7    (c) The State Appellate Defender shall establish and
8maintain a statewide toll-free telephone number that a person
9may use to receive information or assistance concerning the
10expungement of juvenile records. The State Appellate Defender
11shall advertise the toll-free telephone number statewide. The
12State Appellate Defender shall develop an expungement
13information packet that may be sent to eligible persons seeking
14expungement of their juvenile records, which may include, but
15is not limited to, a pre-printed expungement petition with
16instructions on how to complete the petition and a pamphlet
17containing information that would assist individuals through
18the juvenile expungement process.
19    (d) The State Appellate Defender shall compile a statewide
20list of volunteer attorneys willing to assist eligible
21individuals through the juvenile expungement process.
22    (e) This Section shall be implemented from funds
23appropriated by the General Assembly to the State Appellate
24Defender for this purpose. The State Appellate Defender shall
25employ the necessary staff and adopt the necessary rules for
26implementation of this Section.

 

 

09900HB6328sam001- 57 -LRB099 19187 RLC 49252 a

1    (8)(a) Except with respect to law enforcement agencies, the
2Department of Corrections, State's Attorneys, or other
3prosecutors, an expunged juvenile record may not be considered
4by any private or public entity in employment matters,
5certification, licensing, revocation of certification or
6licensure, or registration. Applications for employment must
7contain specific language that states that the applicant is not
8obligated to disclose expunged juvenile records of conviction
9or arrest. Employers may not ask if an applicant has had a
10juvenile record expunged. Effective January 1, 2005, the
11Department of Labor shall develop a link on the Department's
12website to inform employers that employers may not ask if an
13applicant had a juvenile record expunged and that application
14for employment must contain specific language that states that
15the applicant is not obligated to disclose expunged juvenile
16records of arrest or conviction.
17    (b) A person whose juvenile records have been expunged is
18not entitled to remission of any fines, costs, or other money
19paid as a consequence of expungement. This amendatory Act of
20the 93rd General Assembly does not affect the right of the
21victim of a crime to prosecute or defend a civil action for
22damages.
23    (c) The expungement of juvenile records under Section 5-622
24shall be funded by the additional fine imposed under Section
255-9-1.17 of the Unified Code of Corrections and additional
26appropriations made by the General Assembly for such purpose.

 

 

09900HB6328sam001- 58 -LRB099 19187 RLC 49252 a

1    (9) The changes made to this Section by Public Act 98-61
2apply to law enforcement records of a minor who has been
3arrested or taken into custody on or after January 1, 2014 (the
4effective date of Public Act 98-61).
5    (10) The changes made in subsection (1.5) of this Section
6by this amendatory Act of the 98th General Assembly apply to
7law enforcement records of a minor who has been arrested or
8taken into custody on or after January 1, 2015. The changes
9made in subsection (1.6) of this Section by this amendatory Act
10of the 98th General Assembly apply to law enforcement records
11of a minor who has been arrested or taken into custody before
12January 1, 2015.
13(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
14eff. 7-16-14.)".