Full Text of HB1634 101st General Assembly
HB1634ham001 101ST GENERAL ASSEMBLY | Rep. Tony McCombie Filed: 2/27/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1634
| 2 | | AMENDMENT NO. ______. Amend House Bill 1634 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 5.2 as follows:
| 6 | | (20 ILCS 2630/5.2)
| 7 | | Sec. 5.2. Expungement, sealing, and immediate 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 Substance Use Disorder Act, or Section 10 | 8 | | of the Steroid Control Act. For the purpose of this | 9 | | Section, "successful completion" of an order of | 10 | | qualified probation under Section 10-102 of the | 11 | | Illinois Alcoholism and Other Drug Dependency Act and | 12 | | Section 40-10 of the Substance Use Disorder Act means | 13 | | that the probation was terminated satisfactorily and | 14 | | the judgment of conviction was vacated. | 15 | | (K) "Seal" means to physically and electronically | 16 | | maintain the records, unless the records would | 17 | | otherwise be destroyed due to age, but to make the | 18 | | records unavailable without a court order, subject to | 19 | | the exceptions in Sections 12 and 13 of this Act. The | 20 | | petitioner's name shall also be obliterated from the | 21 | | official index required to be kept by the circuit court | 22 | | clerk under Section 16 of the Clerks of Courts Act, but | 23 | | any index issued by the circuit court clerk before the | 24 | | entry of the order to seal shall not be affected. | 25 | | (L) "Sexual offense committed against a minor" | 26 | | includes but is
not limited to the offenses of indecent |
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| 1 | | solicitation of a child
or criminal sexual abuse when | 2 | | the victim of such offense is
under 18 years of age. | 3 | | (M) "Terminate" as it relates to a sentence or | 4 | | order of supervision or qualified probation includes | 5 | | either satisfactory or unsatisfactory termination of | 6 | | the sentence, unless otherwise specified in this | 7 | | Section. A sentence is terminated notwithstanding any | 8 | | outstanding financial legal obligation. | 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 | | (2.5) Commencing 180 days after July 29, 2016 (the | 14 | | effective date of Public Act 99-697), the law enforcement | 15 | | agency issuing the citation shall automatically expunge, | 16 | | on or before January 1 and July 1 of each year, the law | 17 | | enforcement records of a person found to have committed a | 18 | | civil law violation of subsection (a) of Section 4 of the | 19 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 20 | | the Drug Paraphernalia Control Act in the law enforcement | 21 | | agency's possession or control and which contains the final | 22 | | satisfactory disposition which pertain to the person | 23 | | issued a citation for that offense.
The law enforcement | 24 | | agency shall provide by rule the process for access, | 25 | | review, and to confirm the automatic expungement by the law | 26 | | enforcement agency issuing the citation.
Commencing 180 |
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| 1 | | days after July 29, 2016 (the effective date of Public Act | 2 | | 99-697), the clerk of the circuit court shall expunge, upon | 3 | | order of the court, or in the absence of a court order on | 4 | | or before January 1 and July 1 of each year, the court | 5 | | records of a person found in the circuit court to have | 6 | | committed a civil law violation of subsection (a) of | 7 | | Section 4 of the Cannabis Control Act or subsection (c) of | 8 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 9 | | clerk's possession or control and which contains the final | 10 | | satisfactory disposition which pertain to the person | 11 | | issued a citation for any of those offenses. | 12 | | (3) Exclusions. Except as otherwise provided in | 13 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 14 | | of this Section, the court shall not order: | 15 | | (A) the sealing or expungement of the records of | 16 | | arrests or charges not initiated by arrest that result | 17 | | in an order of supervision for or conviction of:
(i) | 18 | | any sexual offense committed against a
minor; (ii) | 19 | | (blank) Section 11-501 of the Illinois Vehicle Code or | 20 | | a similar provision of a local ordinance ; or (iii) | 21 | | Section 11-503 of the Illinois Vehicle Code or a | 22 | | similar provision of a local ordinance, unless the | 23 | | arrest or charge is for a misdemeanor violation of | 24 | | subsection (a) of Section 11-503 or a similar provision | 25 | | of a local ordinance, that occurred prior to the | 26 | | offender reaching the age of 25 years and the offender |
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| 1 | | has no other conviction for violating Section 11-501 or | 2 | | 11-503 of the Illinois Vehicle Code or a similar | 3 | | provision of a local ordinance. | 4 | | (B) the sealing or expungement of records of minor | 5 | | traffic offenses (as defined in subsection (a)(1)(G)), | 6 | | unless the petitioner was arrested and released | 7 | | without charging. | 8 | | (C) the sealing of the records of arrests or | 9 | | charges not initiated by arrest which result in an | 10 | | order of supervision or a conviction for the following | 11 | | offenses: | 12 | | (i) offenses included in Article 11 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012 | 14 | | or a similar provision of a local ordinance, except | 15 | | Section 11-14 and a misdemeanor violation of | 16 | | Section 11-30 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) Class A misdemeanors or felony offenses | 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) (blank). | 8 | | (E) the sealing or expungement of records of | 9 | | arrests or charges not initiated by arrest that result | 10 | | in an order of supervision for or conviction of Section | 11 | | 11-501 of the Illinois Vehicle Code or a similar | 12 | | provision of a local ordinance; except that the court | 13 | | may order the sealing of one misdemeanor record of | 14 | | arrest or charge not initiated by arrest that results | 15 | | in an order of supervision for or conviction of Section | 16 | | 11-501 of the Illinois Vehicle Code or a similar | 17 | | provision of a local ordinance per petitioner if each | 18 | | of the following conditions have been met: (i) the | 19 | | petitioner has not previously been convicted of or | 20 | | placed on supervision for a violation of Section 11-501 | 21 | | of the Illinois Vehicle Code or a similar provision of | 22 | | a local ordinance; (ii) 10 or more years have passed | 23 | | since the termination of the petitioner's sentence; | 24 | | (iii) during the commission of the violation, the | 25 | | petitioner did not proximately cause death or personal | 26 | | injury to any other person or damage the property of |
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| 1 | | any other person and was not arrested for a violation | 2 | | of Section 31-1 of the Criminal Code of 2012; (iv) | 3 | | during the arrest or stop of the petitioner by a law | 4 | | enforcement officer for commission of the violation, | 5 | | the petitioner submitted to any test under Section | 6 | | 11-501.1 of the Illinois Vehicle Code when requested by | 7 | | a law enforcement officer; (v) the petitioner has no | 8 | | other misdemeanor or felony driving charge on his or | 9 | | her driving abstract; and (vi) the judge examined the | 10 | | driving abstract of the petitioner petitioning to have | 11 | | his or her record sealed under this subparagraph (E) | 12 | | and made a finding entered on the record that the | 13 | | petitioner did not enter into a plea agreement on a | 14 | | lesser charge other than a violation of Section 11-501 | 15 | | of the Illinois Vehicle Code or a similar provision of | 16 | | a local ordinance, and the facts did not support that | 17 | | the petitioner had previously committed a violation of | 18 | | Section 11-501 of the Illinois Vehicle Code or a | 19 | | similar provision of a local ordinance. A felony | 20 | | conviction of Section 11-501 of the Illinois Vehicle | 21 | | Code or a similar provision of a local ordinance may | 22 | | not be sealed or expunged under this subparagraph (E). | 23 | | (b) Expungement. | 24 | | (1) A petitioner may petition the circuit court to | 25 | | expunge the
records of his or her arrests and charges not | 26 | | initiated by arrest when each arrest or charge not |
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| 1 | | initiated by arrest
sought to be expunged resulted in:
(i) | 2 | | acquittal, dismissal, or the petitioner's release without | 3 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 4 | | conviction which was vacated or reversed, unless excluded | 5 | | by subsection (a)(3)(B);
(iii) an order of supervision and | 6 | | such supervision was successfully completed by the | 7 | | petitioner, unless excluded by subsection (a)(3)(A) or | 8 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 9 | | defined in subsection (a)(1)(J)) and such probation was | 10 | | successfully completed by the petitioner. | 11 | | (1.5) When a petitioner seeks to have a record of | 12 | | arrest expunged under this Section, and the offender has | 13 | | been convicted of a criminal offense, the State's Attorney | 14 | | may object to the expungement on the grounds that the | 15 | | records contain specific relevant information aside from | 16 | | the mere fact of the arrest. | 17 | | (2) Time frame for filing a petition to expunge. | 18 | | (A) When the arrest or charge not initiated by | 19 | | arrest sought to be expunged resulted in an acquittal, | 20 | | dismissal, the petitioner's release without charging, | 21 | | or the reversal or vacation of a conviction, there is | 22 | | no waiting period to petition for the expungement of | 23 | | such records. | 24 | | (B) When the arrest or charge not initiated by | 25 | | arrest
sought to be expunged resulted in an order of | 26 | | supervision, successfully
completed by the petitioner, |
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| 1 | | the following time frames will apply: | 2 | | (i) Those arrests or charges that resulted in | 3 | | orders of
supervision under Section 3-707, 3-708, | 4 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 5 | | similar provision of a local ordinance, or under | 6 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012, or a | 8 | | similar provision of a local ordinance, shall not | 9 | | be eligible for expungement until 5 years have | 10 | | passed following the satisfactory termination of | 11 | | the supervision. | 12 | | (i-5) Those arrests or charges that resulted | 13 | | in orders of supervision for a misdemeanor | 14 | | violation of subsection (a) of Section 11-503 of | 15 | | the Illinois Vehicle Code or a similar provision of | 16 | | a local ordinance, that occurred prior to the | 17 | | offender reaching the age of 25 years and the | 18 | | offender has no other conviction for violating | 19 | | Section 11-501 or 11-503 of the Illinois Vehicle | 20 | | Code or a similar provision of a local ordinance | 21 | | shall not be eligible for expungement until the | 22 | | petitioner has reached the age of 25 years. | 23 | | (ii) Those arrests or charges that resulted in | 24 | | orders
of supervision for any other offenses shall | 25 | | not be
eligible for expungement until 2 years have | 26 | | passed
following the satisfactory termination of |
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| 1 | | the supervision. | 2 | | (C) When the arrest or charge not initiated by | 3 | | arrest sought to
be expunged resulted in an order of | 4 | | qualified probation, successfully
completed by the | 5 | | petitioner, such records shall not be eligible for
| 6 | | expungement until 5 years have passed following the | 7 | | satisfactory
termination of the probation. | 8 | | (3) Those records maintained by the Department for
| 9 | | persons arrested prior to their 17th birthday shall be
| 10 | | expunged as provided in Section 5-915 of the Juvenile Court
| 11 | | Act of 1987. | 12 | | (4) Whenever a person has been arrested for or | 13 | | convicted of any
offense, in the name of a person whose | 14 | | identity he or she has stolen or otherwise
come into | 15 | | possession of, the aggrieved person from whom the identity
| 16 | | was stolen or otherwise obtained without authorization,
| 17 | | upon learning of the person having been arrested using his
| 18 | | or her identity, may, upon verified petition to the chief | 19 | | judge of
the circuit wherein the arrest was made, have a | 20 | | court order
entered nunc pro tunc by the Chief Judge to | 21 | | correct the
arrest record, conviction record, if any, and | 22 | | all official
records of the arresting authority, the | 23 | | Department, other
criminal justice agencies, the | 24 | | prosecutor, and the trial
court concerning such arrest, if | 25 | | any, by removing his or her name
from all such records in | 26 | | connection with the arrest and
conviction, if any, and by |
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| 1 | | inserting in the records the
name of the offender, if known | 2 | | or ascertainable, in lieu of
the aggrieved's name. The | 3 | | records of the circuit court clerk shall be sealed until | 4 | | further order of
the court upon good cause shown and the | 5 | | name of the
aggrieved person obliterated on the official | 6 | | index
required to be kept by the circuit court clerk under
| 7 | | Section 16 of the Clerks of Courts Act, but the order shall
| 8 | | not affect any index issued by the circuit court clerk
| 9 | | before the entry of the order. Nothing in this Section
| 10 | | shall limit the Department of State Police or other
| 11 | | criminal justice agencies or prosecutors from listing
| 12 | | under an offender's name the false names he or she has
| 13 | | used. | 14 | | (5) Whenever a person has been convicted of criminal
| 15 | | sexual assault, aggravated criminal sexual assault,
| 16 | | predatory criminal sexual assault of a child, criminal
| 17 | | sexual abuse, or aggravated criminal sexual abuse, the
| 18 | | victim of that offense may request that the State's
| 19 | | Attorney of the county in which the conviction occurred
| 20 | | file a verified petition with the presiding trial judge at
| 21 | | the petitioner's trial to have a court order entered to | 22 | | seal
the records of the circuit court clerk in connection
| 23 | | with the proceedings of the trial court concerning that
| 24 | | offense. However, the records of the arresting authority
| 25 | | and the Department of State Police concerning the offense
| 26 | | shall not be sealed. The court, upon good cause shown,
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| 1 | | shall make the records of the circuit court clerk in
| 2 | | connection with the proceedings of the trial court
| 3 | | concerning the offense available for public inspection. | 4 | | (6) If a conviction has been set aside on direct review
| 5 | | or on collateral attack and the court determines by clear
| 6 | | and convincing evidence that the petitioner was factually
| 7 | | innocent of the charge, the court that finds the petitioner | 8 | | factually innocent of the charge shall enter an
expungement | 9 | | order for the conviction for which the petitioner has been | 10 | | determined to be innocent as provided in subsection (b) of | 11 | | Section
5-5-4 of the Unified Code of Corrections. | 12 | | (7) Nothing in this Section shall prevent the | 13 | | Department of
State Police from maintaining all records of | 14 | | any person who
is admitted to probation upon terms and | 15 | | conditions and who
fulfills those terms and conditions | 16 | | pursuant to Section 10
of the Cannabis Control Act, Section | 17 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 18 | | of the
Methamphetamine Control and Community Protection | 19 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | 20 | | Corrections, Section 12-4.3 or subdivision (b)(1) of | 21 | | Section 12-3.05 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, Section 10-102
of the Illinois | 23 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 24 | | the Substance Use Disorder Act, or Section 10 of the | 25 | | Steroid Control Act. | 26 | | (8) If the petitioner has been granted a certificate of |
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| 1 | | innocence under Section 2-702 of the Code of Civil | 2 | | Procedure, the court that grants the certificate of | 3 | | innocence shall also enter an order expunging the | 4 | | conviction for which the petitioner has been determined to | 5 | | be innocent as provided in subsection (h) of Section 2-702 | 6 | | of the Code of Civil Procedure. | 7 | | (c) Sealing. | 8 | | (1) Applicability. Notwithstanding any other provision | 9 | | of this Act to the contrary, and cumulative with any rights | 10 | | to expungement of criminal records, this subsection | 11 | | authorizes the sealing of criminal records of adults and of | 12 | | minors prosecuted as adults. Subsection (g) of this Section | 13 | | provides for immediate sealing of certain records. | 14 | | (2) Eligible Records. The following records may be | 15 | | sealed: | 16 | | (A) All arrests resulting in release without | 17 | | charging; | 18 | | (B) Arrests or charges not initiated by arrest | 19 | | resulting in acquittal, dismissal, or conviction when | 20 | | the conviction was reversed or vacated, except as | 21 | | excluded by subsection (a)(3)(B); | 22 | | (C) Arrests or charges not initiated by arrest | 23 | | resulting in orders of supervision, including orders | 24 | | of supervision for municipal ordinance violations, | 25 | | successfully completed by the petitioner, unless | 26 | | excluded by subsection (a)(3); |
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| 1 | | (D) Arrests or charges not initiated by arrest | 2 | | resulting in convictions, including convictions on | 3 | | municipal ordinance violations, unless excluded by | 4 | | subsection (a)(3); | 5 | | (E) Arrests or charges not initiated by arrest | 6 | | resulting in orders of first offender probation under | 7 | | Section 10 of the Cannabis Control Act, Section 410 of | 8 | | the Illinois Controlled Substances Act, Section 70 of | 9 | | the Methamphetamine Control and Community Protection | 10 | | Act, or Section 5-6-3.3 of the Unified Code of | 11 | | Corrections; and | 12 | | (F) Arrests or charges not initiated by arrest | 13 | | resulting in felony convictions unless otherwise | 14 | | excluded by subsection (a) paragraph (3) of this | 15 | | Section. | 16 | | (3) When Records Are Eligible to Be Sealed. Records | 17 | | identified as eligible under subsection (c)(2) may be | 18 | | sealed as follows: | 19 | | (A) Records identified as eligible under | 20 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 21 | | time. | 22 | | (B) Except as otherwise provided in subparagraph | 23 | | (E) of this paragraph (3), records identified as | 24 | | eligible under subsection (c)(2)(C) may be sealed
2 | 25 | | years after the termination of petitioner's last | 26 | | sentence (as defined in subsection (a)(1)(F)). |
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| 1 | | (C) Except as otherwise provided in subparagraph | 2 | | (E) of this paragraph (3), records identified as | 3 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 4 | | (c)(2)(F) may be sealed 3 years after the termination | 5 | | of the petitioner's last sentence (as defined in | 6 | | subsection (a)(1)(F)). Convictions requiring public | 7 | | registration under the Arsonist Registration Act, the | 8 | | Sex Offender Registration Act, or the Murderer and | 9 | | Violent Offender Against Youth Registration Act may | 10 | | not be sealed until the petitioner is no longer | 11 | | required to register under that relevant Act. | 12 | | (D) Records identified in subsection | 13 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 14 | | reached the age of 25 years. | 15 | | (E) Records identified as eligible under | 16 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 17 | | (c)(2)(F) may be sealed upon termination of the | 18 | | petitioner's last sentence if the petitioner earned a | 19 | | high school diploma, associate's degree, career | 20 | | certificate, vocational technical certification, or | 21 | | bachelor's degree, or passed the high school level Test | 22 | | of General Educational Development, during the period | 23 | | of his or her sentence, aftercare release, or mandatory | 24 | | supervised release. This subparagraph shall apply only | 25 | | to a petitioner who has not completed the same | 26 | | educational goal prior to the period of his or her |
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| 1 | | sentence, aftercare release, or mandatory supervised | 2 | | release. If a petition for sealing eligible records | 3 | | filed under this subparagraph is denied by the court, | 4 | | the time periods under subparagraph (B) or (C) shall | 5 | | apply to any subsequent petition for sealing filed by | 6 | | the petitioner. | 7 | | (4) Subsequent felony convictions. A person may not | 8 | | have
subsequent felony conviction records sealed as | 9 | | provided in this subsection
(c) if he or she is convicted | 10 | | of any felony offense after the date of the
sealing of | 11 | | prior felony convictions as provided in this subsection | 12 | | (c). The court may, upon conviction for a subsequent felony | 13 | | offense, order the unsealing of prior felony conviction | 14 | | records previously ordered sealed by the court. | 15 | | (5) Notice of eligibility for sealing. Upon entry of a | 16 | | disposition for an eligible record under this subsection | 17 | | (c), the petitioner shall be informed by the court of the | 18 | | right to have the records sealed and the procedures for the | 19 | | sealing of the records. | 20 | | (d) Procedure. The following procedures apply to | 21 | | expungement under subsections (b), (e), and (e-6) and sealing | 22 | | under subsections (c) and (e-5): | 23 | | (1) Filing the petition. Upon becoming eligible to | 24 | | petition for
the expungement or sealing of records under | 25 | | this Section, the petitioner shall file a petition | 26 | | requesting the expungement
or sealing of records with the |
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| 1 | | clerk of the court where the arrests occurred or the | 2 | | charges were brought, or both. If arrests occurred or | 3 | | charges were brought in multiple jurisdictions, a petition | 4 | | must be filed in each such jurisdiction. The petitioner | 5 | | shall pay the applicable fee, except no fee shall be | 6 | | required if the petitioner has obtained a court order | 7 | | waiving fees under Supreme Court Rule 298 or it is | 8 | | otherwise waived. | 9 | | (1.5) County fee waiver pilot program.
In a county of | 10 | | 3,000,000 or more inhabitants, no fee shall be required to | 11 | | be paid by a petitioner if the records sought to be | 12 | | expunged or sealed were arrests resulting in release | 13 | | without charging or arrests or charges not initiated by | 14 | | arrest resulting in acquittal, dismissal, or conviction | 15 | | when the conviction was reversed or vacated, unless | 16 | | excluded by subsection (a)(3)(B). The provisions of this | 17 | | paragraph (1.5), other than this sentence, are inoperative | 18 | | on and after January 1, 2019. | 19 | | (2) Contents of petition. The petition shall be
| 20 | | verified and shall contain the petitioner's name, date of
| 21 | | birth, current address and, for each arrest or charge not | 22 | | initiated by
arrest sought to be sealed or expunged, the | 23 | | case number, the date of
arrest (if any), the identity of | 24 | | the arresting authority, and such
other information as the | 25 | | court may require. During the pendency
of the proceeding, | 26 | | the petitioner shall promptly notify the
circuit court |
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| 1 | | clerk of any change of his or her address. If the | 2 | | petitioner has received a certificate of eligibility for | 3 | | sealing from the Prisoner Review Board under paragraph (10) | 4 | | of subsection (a) of Section 3-3-2 of the Unified Code of | 5 | | Corrections, the certificate shall be attached to the | 6 | | petition. | 7 | | (3) Drug test. The petitioner must attach to the | 8 | | petition proof that the petitioner has passed a test taken | 9 | | within 30 days before the filing of the petition showing | 10 | | the absence within his or her body of all illegal | 11 | | substances as defined by the Illinois Controlled | 12 | | Substances Act, the Methamphetamine Control and Community | 13 | | Protection Act, and the Cannabis Control Act if he or she | 14 | | is petitioning to: | 15 | | (A) seal felony records under clause (c)(2)(E); | 16 | | (B) seal felony records for a violation of the | 17 | | Illinois Controlled Substances Act, the | 18 | | Methamphetamine Control and Community Protection Act, | 19 | | or the Cannabis Control Act under clause (c)(2)(F); | 20 | | (C) seal felony records under subsection (e-5); or | 21 | | (D) expunge felony records of a qualified | 22 | | probation under clause (b)(1)(iv). | 23 | | (4) Service of petition. The circuit court clerk shall | 24 | | promptly
serve a copy of the petition and documentation to | 25 | | support the petition under subsection (e-5) or (e-6) on the | 26 | | State's Attorney or
prosecutor charged with the duty of |
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| 1 | | prosecuting the
offense, the Department of State Police, | 2 | | the arresting
agency and the chief legal officer of the | 3 | | unit of local
government effecting the arrest. | 4 | | (5) Objections. | 5 | | (A) Any party entitled to notice of the petition | 6 | | may file an objection to the petition. All objections | 7 | | shall be in writing, shall be filed with the circuit | 8 | | court clerk, and shall state with specificity the basis | 9 | | of the objection. Whenever a person who has been | 10 | | convicted of an offense is granted
a pardon by the | 11 | | Governor which specifically authorizes expungement, an | 12 | | objection to the petition may not be filed. | 13 | | (B) Objections to a petition to expunge or seal | 14 | | must be filed within 60 days of the date of service of | 15 | | the petition. | 16 | | (6) Entry of order. | 17 | | (A) The Chief Judge of the circuit wherein the | 18 | | charge was brought, any judge of that circuit | 19 | | designated by the Chief Judge, or in counties of less | 20 | | than 3,000,000 inhabitants, the presiding trial judge | 21 | | at the petitioner's trial, if any, shall rule on the | 22 | | petition to expunge or seal as set forth in this | 23 | | subsection (d)(6). | 24 | | (B) Unless the State's Attorney or prosecutor, the | 25 | | Department of
State Police, the arresting agency, or | 26 | | the chief legal officer
files an objection to the |
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| 1 | | petition to expunge or seal within 60 days from the | 2 | | date of service of the petition, the court shall enter | 3 | | an order granting or denying the petition. | 4 | | (C) Notwithstanding any other provision of law, | 5 | | the court shall not deny a petition for sealing under | 6 | | this Section because the petitioner has not satisfied | 7 | | an outstanding legal financial obligation established, | 8 | | imposed, or originated by a court, law enforcement | 9 | | agency, or a municipal, State, county, or other unit of | 10 | | local government, including, but not limited to, any | 11 | | cost, assessment, fine, or fee. An outstanding legal | 12 | | financial obligation does not include any court | 13 | | ordered restitution to a victim under Section 5-5-6 of | 14 | | the Unified Code of Corrections, unless the | 15 | | restitution has been converted to a civil judgment. | 16 | | Nothing in this subparagraph (C) waives, rescinds, or | 17 | | abrogates a legal financial obligation or otherwise | 18 | | eliminates or affects the right of the holder of any | 19 | | financial obligation to pursue collection under | 20 | | applicable federal, State, or local law. | 21 | | (7) Hearings. If an objection is filed, the court shall | 22 | | set a date for a hearing and notify the petitioner and all | 23 | | parties entitled to notice of the petition of the hearing | 24 | | date at least 30 days prior to the hearing. Prior to the | 25 | | hearing, the State's Attorney shall consult with the | 26 | | Department as to the appropriateness of the relief sought |
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| 1 | | in the petition to expunge or seal. At the hearing, the | 2 | | court shall hear evidence on whether the petition should or | 3 | | should not be granted, and shall grant or deny the petition | 4 | | to expunge or seal the records based on the evidence | 5 | | presented at the hearing. The court may consider the | 6 | | following: | 7 | | (A) the strength of the evidence supporting the | 8 | | defendant's conviction; | 9 | | (B) the reasons for retention of the conviction | 10 | | records by the State; | 11 | | (C) the petitioner's age, criminal record history, | 12 | | and employment history; | 13 | | (D) the period of time between the petitioner's | 14 | | arrest on the charge resulting in the conviction and | 15 | | the filing of the petition under this Section; and | 16 | | (E) the specific adverse consequences the | 17 | | petitioner may be subject to if the petition is denied. | 18 | | (8) Service of order. After entering an order to | 19 | | expunge or
seal records, the court must provide copies of | 20 | | the order to the
Department, in a form and manner | 21 | | prescribed by the Department,
to the petitioner, to the | 22 | | State's Attorney or prosecutor
charged with the duty of | 23 | | prosecuting the offense, to the
arresting agency, to the | 24 | | chief legal officer of the unit of
local government | 25 | | effecting the arrest, and to such other
criminal justice | 26 | | agencies as may be ordered by the court. |
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| 1 | | (9) Implementation of order. | 2 | | (A) Upon entry of an order to expunge records | 3 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 4 | | (i) the records shall be expunged (as defined | 5 | | in subsection (a)(1)(E)) by the arresting agency, | 6 | | the Department, and any other agency as ordered by | 7 | | the court, within 60 days of the date of service of | 8 | | the order, unless a motion to vacate, modify, or | 9 | | reconsider the order is filed pursuant to | 10 | | paragraph (12) of subsection (d) of this Section; | 11 | | (ii) the records of the circuit court clerk | 12 | | shall be impounded until further order of the court | 13 | | upon good cause shown and the name of the | 14 | | petitioner obliterated on the official index | 15 | | required to be kept by the circuit court clerk | 16 | | under Section 16 of the Clerks of Courts Act, but | 17 | | the order shall not affect any index issued by the | 18 | | circuit court clerk before the entry of the order; | 19 | | and | 20 | | (iii) in response to an inquiry for expunged | 21 | | records, the court, the Department, or the agency | 22 | | receiving such inquiry, shall reply as it does in | 23 | | response to inquiries when no records ever | 24 | | existed. | 25 | | (B) Upon entry of an order to expunge records | 26 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
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| 1 | | (i) the records shall be expunged (as defined | 2 | | in subsection (a)(1)(E)) by the arresting agency | 3 | | and any other agency as ordered by the court, | 4 | | within 60 days of the date of service of the order, | 5 | | unless a motion to vacate, modify, or reconsider | 6 | | the order is filed pursuant to paragraph (12) of | 7 | | subsection (d) of this Section; | 8 | | (ii) the records of the circuit court clerk | 9 | | shall be impounded until further order of the court | 10 | | upon good cause shown and the name of the | 11 | | petitioner obliterated on the official index | 12 | | required to be kept by the circuit court clerk | 13 | | under Section 16 of the Clerks of Courts Act, but | 14 | | the order shall not affect any index issued by the | 15 | | circuit court clerk before the entry of the order; | 16 | | (iii) the records shall be impounded by the
| 17 | | Department within 60 days of the date of service of | 18 | | the order as ordered by the court, unless a motion | 19 | | to vacate, modify, or reconsider the order is filed | 20 | | pursuant to paragraph (12) of subsection (d) of | 21 | | this Section; | 22 | | (iv) records impounded by the Department may | 23 | | be disseminated by the Department only as required | 24 | | by law or to the arresting authority, the State's | 25 | | Attorney, and the court upon a later arrest for the | 26 | | same or a similar offense or for the purpose of |
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| 1 | | sentencing for any subsequent felony, and to the | 2 | | Department of Corrections upon conviction for any | 3 | | offense; and | 4 | | (v) in response to an inquiry for 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 | 9 | | existed. | 10 | | (B-5) Upon entry of an order to expunge records | 11 | | under subsection (e-6): | 12 | | (i) the records shall be expunged (as defined | 13 | | in subsection (a)(1)(E)) by the arresting agency | 14 | | and any other agency as ordered by the court, | 15 | | within 60 days of the date of service of the order, | 16 | | unless a motion to vacate, modify, or reconsider | 17 | | the order is filed under paragraph (12) of | 18 | | subsection (d) of this Section; | 19 | | (ii) the records of the circuit court clerk | 20 | | shall be impounded until further order of the court | 21 | | upon good cause shown and the name of the | 22 | | petitioner obliterated on the official index | 23 | | required to be kept by the circuit court clerk | 24 | | under Section 16 of the Clerks of Courts Act, but | 25 | | the order shall not affect any index issued by the | 26 | | circuit court clerk before the entry of the order; |
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| 1 | | (iii) the records shall be impounded by the
| 2 | | Department within 60 days of the date of service of | 3 | | the order as ordered by the court, unless a motion | 4 | | to vacate, modify, or reconsider the order is filed | 5 | | under paragraph (12) of subsection (d) of this | 6 | | Section; | 7 | | (iv) records impounded by the Department may | 8 | | be disseminated by the Department only as required | 9 | | by law or to the arresting authority, the State's | 10 | | Attorney, and the court upon a later arrest for the | 11 | | same or a similar offense or for the purpose of | 12 | | sentencing for any subsequent felony, and to the | 13 | | Department of Corrections upon conviction for any | 14 | | offense; and | 15 | | (v) in response to an inquiry for these records | 16 | | from anyone not authorized by law to access the | 17 | | records, the court, the Department, or the agency | 18 | | receiving the inquiry shall reply as it does in | 19 | | response to inquiries when no records ever | 20 | | existed. | 21 | | (C) Upon entry of an order to seal records under | 22 | | subsection
(c), the arresting agency, any other agency | 23 | | as ordered by the court, the Department, and the court | 24 | | shall seal the records (as defined in subsection | 25 | | (a)(1)(K)). In response to an inquiry for such records, | 26 | | from anyone not authorized by law to access such |
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| 1 | | records, the court, the Department, or the agency | 2 | | receiving such inquiry shall reply as it does in | 3 | | response to inquiries when no records ever existed. | 4 | | (D) The Department shall send written notice to the | 5 | | petitioner of its compliance with each order to expunge | 6 | | or seal records within 60 days of the date of service | 7 | | of that order or, if a motion to vacate, modify, or | 8 | | reconsider is filed, within 60 days of service of the | 9 | | order resolving the motion, if that order requires the | 10 | | Department to expunge or seal records. In the event of | 11 | | an appeal from the circuit court order, the Department | 12 | | shall send written notice to the petitioner of its | 13 | | compliance with an Appellate Court or Supreme Court | 14 | | judgment to expunge or seal records within 60 days of | 15 | | the issuance of the court's mandate. The notice is not | 16 | | required while any motion to vacate, modify, or | 17 | | reconsider, or any appeal or petition for | 18 | | discretionary appellate review, is pending. | 19 | | (E) Upon motion, the court may order that a sealed | 20 | | judgment or other court record necessary to | 21 | | demonstrate the amount of any legal financial | 22 | | obligation due and owing be made available for the | 23 | | limited purpose of collecting any legal financial | 24 | | obligations owed by the petitioner that were | 25 | | established, imposed, or originated in the criminal | 26 | | proceeding for which those records have been sealed. |
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| 1 | | The records made available under this subparagraph (E) | 2 | | shall not be entered into the official index required | 3 | | to be kept by the circuit court clerk under Section 16 | 4 | | of the Clerks of Courts Act and shall be immediately | 5 | | re-impounded upon the collection of the outstanding | 6 | | financial obligations. | 7 | | (F) Notwithstanding any other provision of this | 8 | | Section, a circuit court clerk may access a sealed | 9 | | record for the limited purpose of collecting payment | 10 | | for any legal financial obligations that were | 11 | | established, imposed, or originated in the criminal | 12 | | proceedings for which those records have been sealed. | 13 | | (10) Fees. The Department may charge the petitioner a | 14 | | fee equivalent to the cost of processing any order to | 15 | | expunge or seal records. Notwithstanding any provision of | 16 | | the Clerks of Courts Act to the contrary, the circuit court | 17 | | clerk may charge a fee equivalent to the cost associated | 18 | | with the sealing or expungement of records by the circuit | 19 | | court clerk. From the total filing fee collected for the | 20 | | petition to seal or expunge, the circuit court clerk shall | 21 | | deposit $10 into the Circuit Court Clerk Operation and | 22 | | Administrative Fund, to be used to offset the costs | 23 | | incurred by the circuit court clerk in performing the | 24 | | additional duties required to serve the petition to seal or | 25 | | expunge on all parties. The circuit court clerk shall | 26 | | collect and forward the Department of State Police portion |
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| 1 | | of the fee to the Department and it shall be deposited in | 2 | | the State Police Services Fund. If the record brought under | 3 | | an expungement petition was previously sealed under this | 4 | | Section, the fee for the expungement petition for that same | 5 | | record shall be waived. | 6 | | (11) Final Order. No court order issued under the | 7 | | expungement or sealing provisions of this Section shall | 8 | | become final for purposes of appeal until 30 days after | 9 | | service of the order on the petitioner and all parties | 10 | | entitled to notice of the petition. | 11 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 12 | | Section 2-1203 of the Code of Civil Procedure, the | 13 | | petitioner or any party entitled to notice may file a | 14 | | motion to vacate, modify, or reconsider the order granting | 15 | | or denying the petition to expunge or seal within 60 days | 16 | | of service of the order. If filed more than 60 days after | 17 | | service of the order, a petition to vacate, modify, or | 18 | | reconsider shall comply with subsection (c) of Section | 19 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 20 | | motion to vacate, modify, or reconsider, notice of the | 21 | | motion shall be served upon the petitioner and all parties | 22 | | entitled to notice of the petition. | 23 | | (13) Effect of Order. An order granting a petition | 24 | | under the expungement or sealing provisions of this Section | 25 | | shall not be considered void because it fails to comply | 26 | | with the provisions of this Section or because of any error |
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| 1 | | asserted in a motion to vacate, modify, or reconsider. The | 2 | | circuit court retains jurisdiction to determine whether | 3 | | the order is voidable and to vacate, modify, or reconsider | 4 | | its terms based on a motion filed under paragraph (12) of | 5 | | this subsection (d). | 6 | | (14) Compliance with Order Granting Petition to Seal | 7 | | Records. Unless a court has entered a stay of an order | 8 | | granting a petition to seal, all parties entitled to notice | 9 | | of the petition must fully comply with the terms of the | 10 | | order within 60 days of service of the order even if a | 11 | | party is seeking relief from the order through a motion | 12 | | filed under paragraph (12) of this subsection (d) or is | 13 | | appealing the order. | 14 | | (15) Compliance with Order Granting Petition to | 15 | | Expunge Records. While a party is seeking relief from the | 16 | | order granting the petition to expunge through a motion | 17 | | filed under paragraph (12) of this subsection (d) or is | 18 | | appealing the order, and unless a court has entered a stay | 19 | | of that order, the parties entitled to notice of the | 20 | | petition must seal, but need not expunge, the records until | 21 | | there is a final order on the motion for relief or, in the | 22 | | case of an appeal, the issuance of that court's mandate. | 23 | | (16) The changes to this subsection (d) made by Public | 24 | | Act 98-163 apply to all petitions pending on August 5, 2013 | 25 | | (the effective date of Public Act 98-163) and to all orders | 26 | | ruling on a petition to expunge or seal on or after August |
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| 1 | | 5, 2013 (the effective date of Public Act 98-163). | 2 | | (e) Whenever a person who has been convicted of an offense | 3 | | is granted
a pardon by the Governor which specifically | 4 | | authorizes expungement, he or she may,
upon verified petition | 5 | | to the Chief Judge of the circuit where the person had
been | 6 | | convicted, any judge of the circuit designated by the Chief | 7 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 8 | | presiding trial judge at the
defendant's trial, have a court | 9 | | order entered expunging the record of
arrest from the official | 10 | | records of the arresting authority and order that the
records | 11 | | of the circuit court clerk and the Department be sealed until
| 12 | | further order of the court upon good cause shown or as | 13 | | otherwise provided
herein, and the name of the defendant | 14 | | obliterated from the official index
requested to be kept by the | 15 | | circuit court clerk under Section 16 of the Clerks
of Courts | 16 | | Act in connection with the arrest and conviction for the | 17 | | offense for
which he or she had been pardoned but the order | 18 | | shall not affect any index issued by
the circuit court clerk | 19 | | before the entry of the order. All records sealed by
the | 20 | | Department may be disseminated by the Department only to the | 21 | | arresting authority, the State's Attorney, and the court upon a | 22 | | later
arrest for the same or similar offense or for the purpose | 23 | | of sentencing for any
subsequent felony. Upon conviction for | 24 | | any subsequent offense, the Department
of Corrections shall | 25 | | have access to all sealed records of the Department
pertaining | 26 | | to that individual. Upon entry of the order of expungement, the
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| 1 | | circuit court clerk shall promptly mail a copy of the order to | 2 | | the
person who was pardoned. | 3 | | (e-5) Whenever a person who has been convicted of an | 4 | | offense is granted a certificate of eligibility for sealing by | 5 | | the Prisoner Review Board which specifically authorizes | 6 | | sealing, he or she may, upon verified petition to the Chief | 7 | | Judge of the circuit where the person had been convicted, any | 8 | | judge of the circuit designated by the Chief Judge, or in | 9 | | counties of less than 3,000,000 inhabitants, the presiding | 10 | | trial judge at the petitioner's trial, have a court order | 11 | | entered sealing the record of arrest from the official records | 12 | | of the arresting authority and order that the records of the | 13 | | circuit court clerk and the Department be sealed until further | 14 | | order of the court upon good cause shown or as otherwise | 15 | | provided herein, and the name of the petitioner obliterated | 16 | | from the official index requested to be kept by the circuit | 17 | | court clerk under Section 16 of the Clerks of Courts Act in | 18 | | connection with the arrest and conviction for the offense for | 19 | | which he or she had been granted the certificate but the order | 20 | | shall not affect any index issued by the circuit court clerk | 21 | | before the entry of the order. All records sealed by the | 22 | | Department may be disseminated by the Department only as | 23 | | required by this Act or to the arresting authority, a law | 24 | | enforcement agency, the State's Attorney, and the court upon a | 25 | | later arrest for the same or similar offense or for the purpose | 26 | | of sentencing for any subsequent felony. Upon conviction for |
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| 1 | | any subsequent offense, the Department of Corrections shall | 2 | | have access to all sealed records of the Department pertaining | 3 | | to that individual. Upon entry of the order of sealing, the | 4 | | circuit court clerk shall promptly mail a copy of the order to | 5 | | the person who was granted the certificate of eligibility for | 6 | | sealing. | 7 | | (e-6) Whenever a person who has been convicted of an | 8 | | offense is granted a certificate of eligibility for expungement | 9 | | by the Prisoner Review Board which specifically authorizes | 10 | | expungement, he or she may, upon verified petition to the Chief | 11 | | Judge of the circuit where the person had been convicted, any | 12 | | judge of the circuit designated by the Chief Judge, or in | 13 | | counties of less than 3,000,000 inhabitants, the presiding | 14 | | trial judge at the petitioner's trial, have a court order | 15 | | entered expunging the record of arrest from the official | 16 | | records of the arresting authority and order that the records | 17 | | of the circuit court clerk and the Department be sealed until | 18 | | further order of the court upon good cause shown or as | 19 | | otherwise provided herein, and the name of the petitioner | 20 | | obliterated from the official index requested to be kept by the | 21 | | circuit court clerk under Section 16 of the Clerks of Courts | 22 | | Act in connection with the arrest and conviction for the | 23 | | offense for which he or she had been granted the certificate | 24 | | but the order shall not affect any index issued by the circuit | 25 | | court clerk before the entry of the order. All records sealed | 26 | | by the Department may be disseminated by the Department only as |
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| 1 | | required by this Act or to the arresting authority, a law | 2 | | enforcement agency, the State's Attorney, and the court upon a | 3 | | later arrest for the same or similar offense or for the purpose | 4 | | of sentencing for any subsequent felony. Upon conviction for | 5 | | any subsequent offense, the Department of Corrections shall | 6 | | have access to all expunged records of the Department | 7 | | pertaining to that individual. Upon entry of the order of | 8 | | expungement, the circuit court clerk shall promptly mail a copy | 9 | | of the order to the person who was granted the certificate of | 10 | | eligibility for expungement. | 11 | | (f) Subject to available funding, the Illinois Department
| 12 | | of Corrections shall conduct a study of the impact of sealing,
| 13 | | especially on employment and recidivism rates, utilizing a
| 14 | | random sample of those who apply for the sealing of their
| 15 | | criminal records under Public Act 93-211. At the request of the
| 16 | | Illinois Department of Corrections, records of the Illinois
| 17 | | Department of Employment Security shall be utilized as
| 18 | | appropriate to assist in the study. The study shall not
| 19 | | disclose any data in a manner that would allow the
| 20 | | identification of any particular individual or employing unit.
| 21 | | The study shall be made available to the General Assembly no
| 22 | | later than September 1, 2010.
| 23 | | (g) Immediate Sealing. | 24 | | (1) Applicability. Notwithstanding any other provision | 25 | | of this Act to the contrary, and cumulative with any rights | 26 | | to expungement or sealing of criminal records, this |
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| 1 | | subsection authorizes the immediate sealing of criminal | 2 | | records of adults and of minors prosecuted as adults. | 3 | | (2) Eligible Records. Arrests or charges not initiated | 4 | | by arrest resulting in acquittal or dismissal with | 5 | | prejudice, except as excluded by subsection (a)(3)(B), | 6 | | that occur on or after January 1, 2018 (the effective date | 7 | | of Public Act 100-282), may be sealed immediately if the | 8 | | petition is filed with the circuit court clerk on the same | 9 | | day and during the same hearing in which the case is | 10 | | disposed. | 11 | | (3) When Records are Eligible to be Immediately Sealed. | 12 | | Eligible records under paragraph (2) of this subsection (g) | 13 | | may be sealed immediately after entry of the final | 14 | | disposition of a case, notwithstanding the disposition of | 15 | | other charges in the same case. | 16 | | (4) Notice of Eligibility for Immediate Sealing. Upon | 17 | | entry of a disposition for an eligible record under this | 18 | | subsection (g), the defendant shall be informed by the | 19 | | court of his or her right to have eligible records | 20 | | immediately sealed and the procedure for the immediate | 21 | | sealing of these records. | 22 | | (5) Procedure. The following procedures apply to | 23 | | immediate sealing under this subsection (g). | 24 | | (A) Filing the Petition. Upon entry of the final | 25 | | disposition of the case, the defendant's attorney may | 26 | | immediately petition the court, on behalf of the |
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| 1 | | defendant, for immediate sealing of eligible records | 2 | | under paragraph (2) of this subsection (g) that are | 3 | | entered on or after January 1, 2018 (the effective date | 4 | | of Public Act 100-282). The immediate sealing petition | 5 | | may be filed with the circuit court clerk during the | 6 | | hearing in which the final disposition of the case is | 7 | | entered. If the defendant's attorney does not file the | 8 | | petition for immediate sealing during the hearing, the | 9 | | defendant may file a petition for sealing at any time | 10 | | as authorized under subsection (c)(3)(A). | 11 | | (B) Contents of Petition. The immediate sealing | 12 | | petition shall be verified and shall contain the | 13 | | petitioner's name, date of birth, current address, and | 14 | | for each eligible record, the case number, the date of | 15 | | arrest if applicable, the identity of the arresting | 16 | | authority if applicable, and other information as the | 17 | | court may require. | 18 | | (C) Drug Test. The petitioner shall not be required | 19 | | to attach proof that he or she has passed a drug test. | 20 | | (D) Service of Petition. A copy of the petition | 21 | | shall be served on the State's Attorney in open court. | 22 | | The petitioner shall not be required to serve a copy of | 23 | | the petition on any other agency. | 24 | | (E) Entry of Order. The presiding trial judge shall | 25 | | enter an order granting or denying the petition for | 26 | | immediate sealing during the hearing in which it is |
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| 1 | | filed. Petitions for immediate sealing shall be ruled | 2 | | on in the same hearing in which the final disposition | 3 | | of the case is entered. | 4 | | (F) Hearings. The court shall hear the petition for | 5 | | immediate sealing on the same day and during the same | 6 | | hearing in which the disposition is rendered. | 7 | | (G) Service of Order. An order to immediately seal | 8 | | eligible records shall be served in conformance with | 9 | | subsection (d)(8). | 10 | | (H) Implementation of Order. An order to | 11 | | immediately seal records shall be implemented in | 12 | | conformance with subsections (d)(9)(C) and (d)(9)(D). | 13 | | (I) Fees. The fee imposed by the circuit court | 14 | | clerk and the Department of State Police shall comply | 15 | | with paragraph (1) of subsection (d) of this Section. | 16 | | (J) Final Order. No court order issued under this | 17 | | subsection (g) shall become final for purposes of | 18 | | appeal until 30 days after service of the order on the | 19 | | petitioner and all parties entitled to service of the | 20 | | order in conformance with subsection (d)(8). | 21 | | (K) Motion to Vacate, Modify, or Reconsider. Under | 22 | | Section 2-1203 of the Code of Civil Procedure, the | 23 | | petitioner, State's Attorney, or the Department of | 24 | | State Police may file a motion to vacate, modify, or | 25 | | reconsider the order denying the petition to | 26 | | immediately seal within 60 days of service of the |
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| 1 | | order. If filed more than 60 days after service of the | 2 | | order, a petition to vacate, modify, or reconsider | 3 | | shall comply with subsection (c) of Section 2-1401 of | 4 | | the Code of Civil Procedure. | 5 | | (L) Effect of Order. An order granting an immediate | 6 | | sealing petition shall not be considered void because | 7 | | it fails to comply with the provisions of this Section | 8 | | or because of an error asserted in a motion to vacate, | 9 | | modify, or reconsider. The circuit court retains | 10 | | jurisdiction to determine whether the order is | 11 | | voidable, and to vacate, modify, or reconsider its | 12 | | terms based on a motion filed under subparagraph (L) of | 13 | | this subsection (g). | 14 | | (M) Compliance with Order Granting Petition to | 15 | | Seal Records. Unless a court has entered a stay of an | 16 | | order granting a petition to immediately seal, all | 17 | | parties entitled to service of the order must fully | 18 | | comply with the terms of the order within 60 days of | 19 | | service of the order. | 20 | | (h) Sealing; trafficking victims. | 21 | | (1) A trafficking victim as defined by paragraph (10) | 22 | | of subsection (a) of Section 10-9 of the Criminal Code of | 23 | | 2012 shall be eligible to petition for immediate sealing of | 24 | | his or her criminal record upon the completion of his or | 25 | | her last sentence if his or her participation in the | 26 | | underlying offense was a direct result of human trafficking |
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| 1 | | under Section 10-9 of the Criminal Code of 2012 or a severe | 2 | | form of trafficking under the federal Trafficking Victims | 3 | | Protection Act. | 4 | | (2) A petitioner under this subsection (h), in addition | 5 | | to the requirements provided under paragraph (4) of | 6 | | subsection (d) of this Section, shall include in his or her | 7 | | petition a clear and concise statement that: (A) he or she | 8 | | was a victim of human trafficking at the time of the | 9 | | offense; and (B) that his or her participation in the | 10 | | offense was a direct result of human trafficking under | 11 | | Section 10-9 of the Criminal Code of 2012 or a severe form | 12 | | of trafficking under the federal Trafficking Victims | 13 | | Protection Act. | 14 | | (3) If an objection is filed alleging that the | 15 | | petitioner is not entitled to immediate sealing under this | 16 | | subsection (h), the court shall conduct a hearing under | 17 | | paragraph (7) of subsection (d) of this Section and the | 18 | | court shall determine whether the petitioner is entitled to | 19 | | immediate sealing under this subsection (h). A petitioner | 20 | | is eligible for immediate relief under this subsection (h) | 21 | | if he or she shows, by a preponderance of the evidence, | 22 | | that: (A) he or she was a victim of human trafficking at | 23 | | the time of the offense; and (B) that his or her | 24 | | participation in the offense was a direct result of human | 25 | | trafficking under Section 10-9 of the Criminal Code of 2012 | 26 | | or a severe form of trafficking under the federal |
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| 1 | | Trafficking Victims Protection Act. | 2 | | (Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385, | 3 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16; | 4 | | 99-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff. | 5 | | 1-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, | 6 | | eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; | 7 | | 100-863, eff. 8-14-18; revised 8-30-18.)".
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