Full Text of HB3849 101st General Assembly
HB3849ham002 101ST GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 2/24/2020
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| 1 | | AMENDMENT TO HOUSE BILL 3849
| 2 | | AMENDMENT NO. ______. Amend House Bill 3849 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 | | (G-5) "Minor Cannabis Offense" means a violation | 16 | | of Section 4 or 5 of the Cannabis Control Act | 17 | | concerning not more than 30 grams of any substance | 18 | | containing cannabis, provided the violation did not | 19 | | include a penalty enhancement under Section 7 of the | 20 | | Cannabis Control Act and is not associated with an | 21 | | arrest, conviction or other disposition for a violent | 22 | | crime as defined in subsection (c) of Section 3 of the | 23 | | Rights of Crime Victims and Witnesses Act. | 24 | | (H) "Municipal ordinance violation" means an | 25 | | offense defined by a municipal or local ordinance that | 26 | | is criminal in nature and with which the petitioner was |
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| 1 | | charged or for which the petitioner was arrested and | 2 | | released without charging. | 3 | | (I) "Petitioner" means an adult or a minor | 4 | | prosecuted as an
adult who has applied for relief under | 5 | | this Section. | 6 | | (J) "Qualified probation" means an order of | 7 | | probation under Section 10 of the Cannabis Control Act, | 8 | | Section 410 of the Illinois Controlled Substances Act, | 9 | | Section 70 of the Methamphetamine Control and | 10 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | 11 | | of the Unified Code of Corrections, Section | 12 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | 13 | | those provisions existed before their deletion by | 14 | | Public Act 89-313), Section 10-102 of the Illinois | 15 | | Alcoholism and Other Drug Dependency Act, Section | 16 | | 40-10 of the Substance Use Disorder Act, or Section 10 | 17 | | of the Steroid Control Act. For the purpose of this | 18 | | Section, "successful completion" of an order of | 19 | | qualified probation under Section 10-102 of the | 20 | | Illinois Alcoholism and Other Drug Dependency Act and | 21 | | Section 40-10 of the Substance Use Disorder Act means | 22 | | that the probation was terminated satisfactorily and | 23 | | the judgment of conviction was vacated. | 24 | | (K) "Seal" means to physically and electronically | 25 | | maintain the records, unless the records would | 26 | | otherwise be destroyed due to age, but to make the |
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| 1 | | records unavailable without a court order, subject to | 2 | | the exceptions in Sections 12 and 13 of this Act. The | 3 | | petitioner's name shall also be obliterated from the | 4 | | official index required to be kept by the circuit court | 5 | | clerk under Section 16 of the Clerks of Courts Act, but | 6 | | any index issued by the circuit court clerk before the | 7 | | entry of the order to seal shall not be affected. | 8 | | (L) "Sexual offense committed against a minor" | 9 | | includes, but is
not limited to, the offenses of | 10 | | indecent solicitation of a child
or criminal sexual | 11 | | abuse when the victim of such offense is
under 18 years | 12 | | of age. | 13 | | (M) "Terminate" as it relates to a sentence or | 14 | | order of supervision or qualified probation includes | 15 | | either satisfactory or unsatisfactory termination of | 16 | | the sentence, unless otherwise specified in this | 17 | | Section. A sentence is terminated notwithstanding any | 18 | | outstanding financial legal obligation. | 19 | | (2) Minor Traffic Offenses.
Orders of supervision or | 20 | | convictions for minor traffic offenses shall not affect a | 21 | | petitioner's eligibility to expunge or seal records | 22 | | pursuant to this Section. | 23 | | (2.5) Commencing 180 days after July 29, 2016 (the | 24 | | effective date of Public Act 99-697), the law enforcement | 25 | | agency issuing the citation shall automatically expunge, | 26 | | on or before January 1 and July 1 of each year, the law |
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| 1 | | enforcement records of a person found to have committed a | 2 | | civil law violation of subsection (a) of Section 4 of the | 3 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 4 | | the Drug Paraphernalia Control Act in the law enforcement | 5 | | agency's possession or control and which contains the final | 6 | | satisfactory disposition which pertain to the person | 7 | | issued a citation for that offense.
The law enforcement | 8 | | agency shall provide by rule the process for access, | 9 | | review, and to confirm the automatic expungement by the law | 10 | | enforcement agency issuing the citation.
Commencing 180 | 11 | | days after July 29, 2016 (the effective date of Public Act | 12 | | 99-697), the clerk of the circuit court shall expunge, upon | 13 | | order of the court, or in the absence of a court order on | 14 | | or before January 1 and July 1 of each year, the court | 15 | | records of a person found in the circuit court to have | 16 | | committed a civil law violation of subsection (a) of | 17 | | Section 4 of the Cannabis Control Act or subsection (c) of | 18 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 19 | | clerk's possession or control and which contains the final | 20 | | satisfactory disposition which pertain to the person | 21 | | issued a citation for any of those offenses. | 22 | | (3) Exclusions. Except as otherwise provided in | 23 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 24 | | of this Section, the court shall not order: | 25 | | (A) the sealing or expungement of the records of | 26 | | arrests or charges not initiated by arrest that result |
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| 1 | | in an order of supervision for or conviction of:
(i) | 2 | | any sexual offense committed against a
minor; (ii) | 3 | | Section 11-501 of the Illinois Vehicle Code or a | 4 | | similar provision of a local ordinance; or (iii) | 5 | | Section 11-503 of the Illinois Vehicle Code or a | 6 | | similar provision of a local ordinance, unless the | 7 | | arrest or charge is for a misdemeanor violation of | 8 | | subsection (a) of Section 11-503 or a similar provision | 9 | | of a local ordinance, that occurred prior to the | 10 | | offender reaching the age of 25 years and the offender | 11 | | has no other conviction for violating Section 11-501 or | 12 | | 11-503 of the Illinois Vehicle Code or a similar | 13 | | provision of a local ordinance. | 14 | | (B) the sealing or expungement of records of minor | 15 | | traffic offenses (as defined in subsection (a)(1)(G)), | 16 | | unless the petitioner was arrested and released | 17 | | without charging. | 18 | | (C) the sealing of the records of arrests or | 19 | | charges not initiated by arrest which result in an | 20 | | order of supervision or a conviction for the following | 21 | | offenses: | 22 | | (i) offenses included in Article 11 of the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012 | 24 | | or a similar provision of a local ordinance, except | 25 | | Section 11-14 and a misdemeanor violation of | 26 | | Section 11-30 of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012, or a similar provision of a | 2 | | local ordinance; | 3 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 4 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012, or a similar provision of a | 6 | | local ordinance; | 7 | | (iii) Sections 12-3.1 or 12-3.2 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012, | 9 | | or Section 125 of the Stalking No Contact Order | 10 | | Act, or Section 219 of the Civil No Contact Order | 11 | | Act, or a similar provision of a local ordinance; | 12 | | (iv) Class A misdemeanors or felony offenses | 13 | | under the Humane Care for Animals Act; or | 14 | | (v) any offense or attempted offense that | 15 | | would subject a person to registration under the | 16 | | Sex Offender Registration Act. | 17 | | (D) (blank). | 18 | | (b) Expungement. | 19 | | (1) A petitioner may petition the circuit court to | 20 | | expunge the
records of his or her arrests and charges not | 21 | | initiated by arrest when each arrest or charge not | 22 | | initiated by arrest
sought to be expunged resulted in:
(i) | 23 | | acquittal, dismissal, or the petitioner's release without | 24 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 25 | | conviction which was vacated or reversed, unless excluded | 26 | | by subsection (a)(3)(B);
(iii) an order of supervision and |
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| 1 | | such supervision was successfully completed by the | 2 | | petitioner, unless excluded by subsection (a)(3)(A) or | 3 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 4 | | defined in subsection (a)(1)(J)) and such probation was | 5 | | successfully completed by the petitioner. | 6 | | (1.1) Notwithstanding the eligibility requirements of | 7 | | this subsection (b), upon the issuance of a certificate of | 8 | | expungement by the Prisoner Review Board under paragraph | 9 | | (11) of subsection (a) of Section 3-3-2 of the Unified Code | 10 | | of Corrections, the circuit court shall automatically | 11 | | expunge all records of arrests or charges not initiated by | 12 | | arrest and all court records that resulted in the | 13 | | conviction for the Class 3 or Class 4 felony listed in the | 14 | | certificate of expungement. | 15 | | (1.5) When a petitioner seeks to have a record of | 16 | | arrest expunged under this Section, and the offender has | 17 | | been convicted of a criminal offense, the State's Attorney | 18 | | may object to the expungement on the grounds that the | 19 | | records contain specific relevant information aside from | 20 | | the mere fact of the arrest. | 21 | | (2) Time frame for filing a petition to expunge. | 22 | | (A) When the arrest or charge not initiated by | 23 | | arrest sought to be expunged resulted in an acquittal, | 24 | | dismissal, the petitioner's release without charging, | 25 | | or the reversal or vacation of a conviction, there is | 26 | | no waiting period to petition for the expungement of |
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| 1 | | such records. | 2 | | (B) When the arrest or charge not initiated by | 3 | | arrest
sought to be expunged resulted in an order of | 4 | | supervision, successfully
completed by the petitioner, | 5 | | the following time frames will apply: | 6 | | (i) Those arrests or charges that resulted in | 7 | | orders of
supervision under Section 3-707, 3-708, | 8 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 9 | | similar provision of a local ordinance, or under | 10 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 11 | | Code of 1961 or the Criminal Code of 2012, or a | 12 | | similar provision of a local ordinance, shall not | 13 | | be eligible for expungement until 5 years have | 14 | | passed following the satisfactory termination of | 15 | | the supervision. | 16 | | (i-5) Those arrests or charges that resulted | 17 | | in orders of supervision for a misdemeanor | 18 | | violation of subsection (a) of Section 11-503 of | 19 | | the Illinois Vehicle Code or a similar provision of | 20 | | a local ordinance, that occurred prior to the | 21 | | offender reaching the age of 25 years and the | 22 | | offender has no other conviction for violating | 23 | | Section 11-501 or 11-503 of the Illinois Vehicle | 24 | | Code or a similar provision of a local ordinance | 25 | | shall not be eligible for expungement until the | 26 | | petitioner has reached the age of 25 years. |
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| 1 | | (ii) Those arrests or charges that resulted in | 2 | | orders
of supervision for any other offenses shall | 3 | | not be
eligible for expungement until 2 years have | 4 | | passed
following the satisfactory termination of | 5 | | the supervision. | 6 | | (C) When the arrest or charge not initiated by | 7 | | arrest sought to
be expunged resulted in an order of | 8 | | qualified probation, successfully
completed by the | 9 | | petitioner, such records shall not be eligible for
| 10 | | expungement until 5 years have passed following the | 11 | | satisfactory
termination of the probation. | 12 | | (3) Those records maintained by the Department for
| 13 | | persons arrested prior to their 17th birthday shall be
| 14 | | expunged as provided in Section 5-915 of the Juvenile Court
| 15 | | Act of 1987. | 16 | | (4) Whenever a person has been arrested for or | 17 | | convicted of any
offense, in the name of a person whose | 18 | | identity he or she has stolen or otherwise
come into | 19 | | possession of, the aggrieved person from whom the identity
| 20 | | was stolen or otherwise obtained without authorization,
| 21 | | upon learning of the person having been arrested using his
| 22 | | or her identity, may, upon verified petition to the chief | 23 | | judge of
the circuit wherein the arrest was made, have a | 24 | | court order
entered nunc pro tunc by the Chief Judge to | 25 | | correct the
arrest record, conviction record, if any, and | 26 | | all official
records of the arresting authority, the |
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| 1 | | Department, other
criminal justice agencies, the | 2 | | prosecutor, and the trial
court concerning such arrest, if | 3 | | any, by removing his or her name
from all such records in | 4 | | connection with the arrest and
conviction, if any, and by | 5 | | inserting in the records the
name of the offender, if known | 6 | | or ascertainable, in lieu of
the aggrieved's name. The | 7 | | records of the circuit court clerk shall be sealed until | 8 | | further order of
the court upon good cause shown and the | 9 | | name of the
aggrieved person obliterated on the official | 10 | | index
required to be kept by the circuit court clerk under
| 11 | | Section 16 of the Clerks of Courts Act, but the order shall
| 12 | | not affect any index issued by the circuit court clerk
| 13 | | before the entry of the order. Nothing in this Section
| 14 | | shall limit the Department of State Police or other
| 15 | | criminal justice agencies or prosecutors from listing
| 16 | | under an offender's name the false names he or she has
| 17 | | used. | 18 | | (5) Whenever a person has been convicted of criminal
| 19 | | sexual assault, aggravated criminal sexual assault,
| 20 | | predatory criminal sexual assault of a child, criminal
| 21 | | sexual abuse, or aggravated criminal sexual abuse, the
| 22 | | victim of that offense may request that the State's
| 23 | | Attorney of the county in which the conviction occurred
| 24 | | file a verified petition with the presiding trial judge at
| 25 | | the petitioner's trial to have a court order entered to | 26 | | seal
the records of the circuit court clerk in connection
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| 1 | | with the proceedings of the trial court concerning that
| 2 | | offense. However, the records of the arresting authority
| 3 | | and the Department of State Police concerning the offense
| 4 | | shall not be sealed. The court, upon good cause shown,
| 5 | | shall make the records of the circuit court clerk in
| 6 | | connection with the proceedings of the trial court
| 7 | | concerning the offense available for public inspection. | 8 | | (6) If a conviction has been set aside on direct review
| 9 | | or on collateral attack and the court determines by clear
| 10 | | and convincing evidence that the petitioner was factually
| 11 | | innocent of the charge, the court that finds the petitioner | 12 | | factually innocent of the charge shall enter an
expungement | 13 | | order for the conviction for which the petitioner has been | 14 | | determined to be innocent as provided in subsection (b) of | 15 | | Section
5-5-4 of the Unified Code of Corrections. | 16 | | (7) Nothing in this Section shall prevent the | 17 | | Department of
State Police from maintaining all records of | 18 | | any person who
is admitted to probation upon terms and | 19 | | conditions and who
fulfills those terms and conditions | 20 | | pursuant to Section 10
of the Cannabis Control Act, Section | 21 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 22 | | of the
Methamphetamine Control and Community Protection | 23 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | 24 | | Corrections, Section 12-4.3 or subdivision (b)(1) of | 25 | | Section 12-3.05 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, Section 10-102
of the Illinois |
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| 1 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 2 | | the Substance Use Disorder Act, or Section 10 of the | 3 | | Steroid Control Act. | 4 | | (8) If the petitioner has been granted a certificate of | 5 | | innocence under Section 2-702 of the Code of Civil | 6 | | Procedure, the court that grants the certificate of | 7 | | innocence shall also enter an order expunging the | 8 | | conviction for which the petitioner has been determined to | 9 | | be innocent as provided in subsection (h) of Section 2-702 | 10 | | of the Code of Civil Procedure. | 11 | | (c) Sealing. | 12 | | (1) Applicability. Notwithstanding any other provision | 13 | | of this Act to the contrary, and cumulative with any rights | 14 | | to expungement of criminal records, this subsection | 15 | | authorizes the sealing of criminal records of adults and of | 16 | | minors prosecuted as adults. Subsection (g) of this Section | 17 | | provides for immediate sealing of certain records. | 18 | | (2) Eligible Records. The following records may be | 19 | | sealed: | 20 | | (A) All arrests resulting in release without | 21 | | charging; | 22 | | (B) Arrests or charges not initiated by arrest | 23 | | resulting in acquittal, dismissal, or conviction when | 24 | | the conviction was reversed or vacated, except as | 25 | | excluded by subsection (a)(3)(B); | 26 | | (C) Arrests or charges not initiated by arrest |
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| 1 | | resulting in orders of supervision, including orders | 2 | | of supervision for municipal ordinance violations, | 3 | | successfully completed by the petitioner, unless | 4 | | excluded by subsection (a)(3); | 5 | | (D) Arrests or charges not initiated by arrest | 6 | | resulting in convictions, including convictions on | 7 | | municipal ordinance violations, unless excluded by | 8 | | subsection (a)(3); | 9 | | (E) Arrests or charges not initiated by arrest | 10 | | resulting in orders of first offender probation under | 11 | | Section 10 of the Cannabis Control Act, Section 410 of | 12 | | the Illinois Controlled Substances Act, Section 70 of | 13 | | the Methamphetamine Control and Community Protection | 14 | | Act, or Section 5-6-3.3 of the Unified Code of | 15 | | Corrections; and | 16 | | (F) Arrests or charges not initiated by arrest | 17 | | resulting in felony convictions unless otherwise | 18 | | excluded by subsection (a) paragraph (3) of this | 19 | | Section. | 20 | | (3) When Records Are Eligible to Be Sealed. Records | 21 | | identified as eligible under subsection (c)(2) may be | 22 | | sealed as follows: | 23 | | (A) Records identified as eligible under | 24 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 25 | | time. | 26 | | (B) Except as otherwise provided in subparagraph |
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| 1 | | (E) of this paragraph (3), records identified as | 2 | | eligible under subsection (c)(2)(C) may be sealed
2 | 3 | | years after the termination of petitioner's last | 4 | | sentence (as defined in subsection (a)(1)(F)). | 5 | | (C) Except as otherwise provided in subparagraph | 6 | | (E) of this paragraph (3), records identified as | 7 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 8 | | (c)(2)(F) may be sealed 3 years after the termination | 9 | | of the petitioner's last sentence (as defined in | 10 | | subsection (a)(1)(F)). Convictions requiring public | 11 | | registration under the Arsonist Registration Act, the | 12 | | Sex Offender Registration Act, or the Murderer and | 13 | | Violent Offender Against Youth Registration Act may | 14 | | not be sealed until the petitioner is no longer | 15 | | required to register under that relevant Act. | 16 | | (D) Records identified in subsection | 17 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 18 | | reached the age of 25 years. | 19 | | (E) Records identified as eligible under | 20 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 21 | | (c)(2)(F) may be sealed upon termination of the | 22 | | petitioner's last sentence if the petitioner earned a | 23 | | high school diploma, associate's degree, career | 24 | | certificate, vocational technical certification, or | 25 | | bachelor's degree, or passed the high school level Test | 26 | | of General Educational Development, during the period |
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| 1 | | of his or her sentence or mandatory supervised release. | 2 | | This subparagraph shall apply only to a petitioner who | 3 | | has not completed the same educational goal prior to | 4 | | the period of his or her sentence or mandatory | 5 | | supervised release. If a petition for sealing eligible | 6 | | records filed under this subparagraph is denied by the | 7 | | court, the time periods under subparagraph (B) or (C) | 8 | | shall apply to any subsequent petition for sealing | 9 | | filed by the petitioner. | 10 | | (4) Subsequent felony convictions. A person may not | 11 | | have
subsequent felony conviction records sealed as | 12 | | provided in this subsection
(c) if he or she is convicted | 13 | | of any felony offense after the date of the
sealing of | 14 | | prior felony convictions as provided in this subsection | 15 | | (c). The court may, upon conviction for a subsequent felony | 16 | | offense, order the unsealing of prior felony conviction | 17 | | records previously ordered sealed by the court. | 18 | | (5) Notice of eligibility for sealing. Upon entry of a | 19 | | disposition for an eligible record under this subsection | 20 | | (c), the petitioner shall be informed by the court of the | 21 | | right to have the records sealed and the procedures for the | 22 | | sealing of the records. | 23 | | (d) Procedure. The following procedures apply to | 24 | | expungement under subsections (b), (e), and (e-6) and sealing | 25 | | under subsections (c) and (e-5): | 26 | | (1) Filing the petition. Upon becoming eligible to |
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| 1 | | petition for
the expungement or sealing of records under | 2 | | this Section, the petitioner shall file a petition | 3 | | requesting the expungement
or sealing of records with the | 4 | | clerk of the court where the arrests occurred or the | 5 | | charges were brought, or both. If arrests occurred or | 6 | | charges were brought in multiple jurisdictions, a petition | 7 | | must be filed in each such jurisdiction. The petitioner | 8 | | shall pay the applicable fee, except no fee shall be | 9 | | required if the petitioner has obtained a court order | 10 | | waiving fees under Supreme Court Rule 298 or it is | 11 | | otherwise waived. | 12 | | (1.5) County fee waiver pilot program.
From August 9, | 13 | | 2019 (the effective date of Public Act 101-306) through | 14 | | December 31, 2020, in a county of 3,000,000 or more | 15 | | inhabitants, no fee shall be required to be paid by a | 16 | | petitioner if the records sought to be expunged or sealed | 17 | | were arrests resulting in release without charging or | 18 | | arrests or charges not initiated by arrest resulting in | 19 | | acquittal, dismissal, or conviction when the conviction | 20 | | was reversed or vacated, unless excluded by subsection | 21 | | (a)(3)(B). The provisions of this paragraph (1.5), other | 22 | | than this sentence, are inoperative on and after January 1, | 23 | | 2021. | 24 | | (2) Contents of petition. The petition shall be
| 25 | | verified and shall contain the petitioner's name, date of
| 26 | | birth, current address and, for each arrest or charge not |
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| 1 | | initiated by
arrest sought to be sealed or expunged, the | 2 | | case number, the date of
arrest (if any), the identity of | 3 | | the arresting authority, and such
other information as the | 4 | | court may require. During the pendency
of the proceeding, | 5 | | the petitioner shall promptly notify the
circuit court | 6 | | clerk of any change of his or her address. If the | 7 | | petitioner has received a certificate of eligibility for | 8 | | sealing from the Prisoner Review Board under paragraph (10) | 9 | | of subsection (a) of Section 3-3-2 of the Unified Code of | 10 | | Corrections, the certificate shall be attached to the | 11 | | petition. | 12 | | (3) Drug test. The petitioner must attach to the | 13 | | petition proof that the petitioner has passed a test taken | 14 | | within 30 days before the filing of the petition showing | 15 | | the absence within his or her body of all illegal | 16 | | substances as defined by the Illinois Controlled | 17 | | Substances Act, the Methamphetamine Control and Community | 18 | | Protection Act, and the Cannabis Control Act if he or she | 19 | | is petitioning to: | 20 | | (A) seal felony records under clause (c)(2)(E); | 21 | | (B) seal felony records for a violation of the | 22 | | Illinois Controlled Substances Act, the | 23 | | Methamphetamine Control and Community Protection Act, | 24 | | or the Cannabis Control Act under clause (c)(2)(F); | 25 | | (C) seal felony records under subsection (e-5); or | 26 | | (D) expunge felony records of a qualified |
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| 1 | | probation under clause (b)(1)(iv). | 2 | | (4) Service of petition. The circuit court clerk shall | 3 | | promptly
serve a copy of the petition and documentation to | 4 | | support the petition under subsection (e-5) or (e-6) on the | 5 | | State's Attorney or
prosecutor charged with the duty of | 6 | | prosecuting the
offense, the Department of State Police, | 7 | | the arresting
agency and the chief legal officer of the | 8 | | unit of local
government effecting the arrest. | 9 | | (5) Objections. | 10 | | (A) Any party entitled to notice of the petition | 11 | | may file an objection to the petition. All objections | 12 | | shall be in writing, shall be filed with the circuit | 13 | | court clerk, and shall state with specificity the basis | 14 | | of the objection. Whenever a person who has been | 15 | | convicted of an offense is granted
a pardon by the | 16 | | Governor which specifically authorizes expungement, an | 17 | | objection to the petition may not be filed. | 18 | | (B) Objections to a petition to expunge or seal | 19 | | must be filed within 60 days of the date of service of | 20 | | the petition. | 21 | | (6) Entry of order. | 22 | | (A) The Chief Judge of the circuit wherein the | 23 | | charge was brought, any judge of that circuit | 24 | | designated by the Chief Judge, or in counties of less | 25 | | than 3,000,000 inhabitants, the presiding trial judge | 26 | | at the petitioner's trial, if any, shall rule on the |
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| 1 | | petition to expunge or seal as set forth in this | 2 | | subsection (d)(6). | 3 | | (B) Unless the State's Attorney or prosecutor, the | 4 | | Department of
State Police, the arresting agency, or | 5 | | the chief legal officer
files an objection to the | 6 | | petition to expunge or seal within 60 days from the | 7 | | date of service of the petition, the court shall enter | 8 | | an order granting or denying the petition. | 9 | | (C) Notwithstanding any other provision of law, | 10 | | the court shall not deny a petition for sealing under | 11 | | this Section because the petitioner has not satisfied | 12 | | an outstanding legal financial obligation established, | 13 | | imposed, or originated by a court, law enforcement | 14 | | agency, or a municipal, State, county, or other unit of | 15 | | local government, including, but not limited to, any | 16 | | cost, assessment, fine, or fee. An outstanding legal | 17 | | financial obligation does not include any court | 18 | | ordered restitution to a victim under Section 5-5-6 of | 19 | | the Unified Code of Corrections, unless the | 20 | | restitution has been converted to a civil judgment. | 21 | | Nothing in this subparagraph (C) waives, rescinds, or | 22 | | abrogates a legal financial obligation or otherwise | 23 | | eliminates or affects the right of the holder of any | 24 | | financial obligation to pursue collection under | 25 | | applicable federal, State, or local law. | 26 | | (7) Hearings. If an objection is filed, the court shall |
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| 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 |
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| 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 |
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| 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; |
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| 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 |
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| 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 |
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| 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 | | (E) Upon motion, the court may order that a sealed | 25 | | judgment or other court record necessary to | 26 | | demonstrate the amount of any legal financial |
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| 1 | | obligation due and owing be made available for the | 2 | | limited purpose of collecting any legal financial | 3 | | obligations owed by the petitioner that were | 4 | | established, imposed, or originated in the criminal | 5 | | proceeding for which those records have been sealed. | 6 | | The records made available under this subparagraph (E) | 7 | | shall not be entered into the official index required | 8 | | to be kept by the circuit court clerk under Section 16 | 9 | | of the Clerks of Courts Act and shall be immediately | 10 | | re-impounded upon the collection of the outstanding | 11 | | financial obligations. | 12 | | (F) Notwithstanding any other provision of this | 13 | | Section, a circuit court clerk may access a sealed | 14 | | record for the limited purpose of collecting payment | 15 | | for any legal financial obligations that were | 16 | | established, imposed, or originated in the criminal | 17 | | proceedings for which those records have been sealed. | 18 | | (10) Fees. The Department may charge the petitioner a | 19 | | fee equivalent to the cost of processing any order to | 20 | | expunge or seal records. Notwithstanding any provision of | 21 | | the Clerks of Courts Act to the contrary, the circuit court | 22 | | clerk may charge a fee equivalent to the cost associated | 23 | | with the sealing or expungement of records by the circuit | 24 | | court clerk. From the total filing fee collected for the | 25 | | petition to seal or expunge, the circuit court clerk shall | 26 | | deposit $10 into the Circuit Court Clerk Operation and |
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| 1 | | Administrative Fund, to be used to offset the costs | 2 | | incurred by the circuit court clerk in performing the | 3 | | additional duties required to serve the petition to seal or | 4 | | expunge on all parties. The circuit court clerk shall | 5 | | collect and forward the Department of State Police portion | 6 | | of the fee to the Department and it shall be deposited in | 7 | | the State Police Services Fund. If the record brought under | 8 | | an expungement petition was previously sealed under this | 9 | | Section, the fee for the expungement petition for that same | 10 | | record shall be waived. | 11 | | (11) Final Order. No court order issued under the | 12 | | expungement or sealing provisions of this Section shall | 13 | | become final for purposes of appeal until 30 days after | 14 | | service of the order on the petitioner and all parties | 15 | | entitled to notice of the petition. | 16 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 17 | | Section 2-1203 of the Code of Civil Procedure, the | 18 | | petitioner or any party entitled to notice may file a | 19 | | motion to vacate, modify, or reconsider the order granting | 20 | | or denying the petition to expunge or seal within 60 days | 21 | | of service of the order. If filed more than 60 days after | 22 | | service of the order, a petition to vacate, modify, or | 23 | | reconsider shall comply with subsection (c) of Section | 24 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 25 | | motion to vacate, modify, or reconsider, notice of the | 26 | | motion shall be served upon the petitioner and all parties |
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| 1 | | entitled to notice of the petition. | 2 | | (13) Effect of Order. An order granting a petition | 3 | | under the expungement or sealing provisions of this Section | 4 | | shall not be considered void because it fails to comply | 5 | | with the provisions of this Section or because of any error | 6 | | asserted in a motion to vacate, modify, or reconsider. The | 7 | | circuit court retains jurisdiction to determine whether | 8 | | the order is voidable and to vacate, modify, or reconsider | 9 | | its terms based on a motion filed under paragraph (12) of | 10 | | this subsection (d). | 11 | | (14) Compliance with Order Granting Petition to Seal | 12 | | Records. Unless a court has entered a stay of an order | 13 | | granting a petition to seal, all parties entitled to notice | 14 | | of the petition must fully comply with the terms of the | 15 | | order within 60 days of service of the order even if a | 16 | | party is seeking relief from the order through a motion | 17 | | filed under paragraph (12) of this subsection (d) or is | 18 | | appealing the order. | 19 | | (15) Compliance with Order Granting Petition to | 20 | | Expunge Records. While a party is seeking relief from the | 21 | | order granting the petition to expunge through a motion | 22 | | filed under paragraph (12) of this subsection (d) or is | 23 | | appealing the order, and unless a court has entered a stay | 24 | | of that order, the parties entitled to notice of the | 25 | | petition must seal, but need not expunge, the records until | 26 | | there is a final order on the motion for relief or, in the |
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| 1 | | case of an appeal, the issuance of that court's mandate. | 2 | | (16) The changes to this subsection (d) made by Public | 3 | | Act 98-163 apply to all petitions pending on August 5, 2013 | 4 | | (the effective date of Public Act 98-163) and to all orders | 5 | | ruling on a petition to expunge or seal on or after August | 6 | | 5, 2013 (the effective date of Public Act 98-163). | 7 | | (e) Whenever a person who has been convicted of an offense | 8 | | is granted
a pardon by the Governor which specifically | 9 | | authorizes expungement, he or she may,
upon verified petition | 10 | | to the Chief Judge of the circuit where the person had
been | 11 | | convicted, any judge of the circuit designated by the Chief | 12 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 13 | | presiding trial judge at the
defendant's trial, have a court | 14 | | order entered expunging the record of
arrest from the official | 15 | | records of the arresting authority and order that the
records | 16 | | of the circuit court clerk and the Department be sealed until
| 17 | | further order of the court upon good cause shown or as | 18 | | otherwise provided
herein, and the name of the defendant | 19 | | obliterated from the official index
requested to be kept by the | 20 | | circuit court clerk under Section 16 of the Clerks
of Courts | 21 | | Act in connection with the arrest and conviction for the | 22 | | offense for
which he or she had been pardoned but the order | 23 | | shall not affect any index issued by
the circuit court clerk | 24 | | before the entry of the order. All records sealed by
the | 25 | | Department may be disseminated by the Department only to the | 26 | | arresting authority, the State's Attorney, and the court upon a |
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| 1 | | later
arrest for the same or similar offense or for the purpose | 2 | | of sentencing for any
subsequent felony. Upon conviction for | 3 | | any subsequent offense, the Department
of Corrections shall | 4 | | have access to all sealed records of the Department
pertaining | 5 | | to that individual. Upon entry of the order of expungement, the
| 6 | | circuit court clerk shall promptly mail a copy of the order to | 7 | | the
person who was pardoned. | 8 | | (e-5) Whenever a person who has been convicted of an | 9 | | offense is granted a certificate of eligibility for sealing by | 10 | | the Prisoner Review Board which specifically authorizes | 11 | | sealing, he or she may, upon verified petition to the Chief | 12 | | Judge of the circuit where the person had been convicted, any | 13 | | judge of the circuit designated by the Chief Judge, or in | 14 | | counties of less than 3,000,000 inhabitants, the presiding | 15 | | trial judge at the petitioner's trial, have a court order | 16 | | entered sealing the record of arrest from the official records | 17 | | of the arresting authority and order that the records of the | 18 | | circuit court clerk and the Department be sealed until further | 19 | | order of the court upon good cause shown or as otherwise | 20 | | provided herein, and the name of the petitioner obliterated | 21 | | from the official index requested to be kept by the circuit | 22 | | court clerk under Section 16 of the Clerks of Courts Act in | 23 | | connection with the arrest and conviction for the offense for | 24 | | which he or she had been granted the certificate but the order | 25 | | shall not affect any index issued by the circuit court clerk | 26 | | before the entry of the order. All records sealed by the |
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| 1 | | Department may be disseminated by the Department only as | 2 | | required by this Act or to the arresting authority, a law | 3 | | enforcement agency, the State's Attorney, and the court upon a | 4 | | later arrest for the same or similar offense or for the purpose | 5 | | of sentencing for any subsequent felony. Upon conviction for | 6 | | any subsequent offense, the Department of Corrections shall | 7 | | have access to all sealed records of the Department pertaining | 8 | | to that individual. Upon entry of the order of sealing, the | 9 | | circuit court clerk shall promptly mail a copy of the order to | 10 | | the person who was granted the certificate of eligibility for | 11 | | sealing. | 12 | | (e-6) Whenever a person who has been convicted of an | 13 | | offense is granted a certificate of eligibility for expungement | 14 | | by the Prisoner Review Board which specifically authorizes | 15 | | expungement, he or she may, upon verified petition to the Chief | 16 | | Judge of the circuit where the person had been convicted, any | 17 | | judge of the circuit designated by the Chief Judge, or in | 18 | | counties of less than 3,000,000 inhabitants, the presiding | 19 | | trial judge at the petitioner's trial, have a court order | 20 | | entered expunging the record of arrest from the official | 21 | | records of the arresting authority and order that the records | 22 | | of the circuit court clerk and the Department be sealed until | 23 | | further order of the court upon good cause shown or as | 24 | | otherwise provided herein, and the name of the petitioner | 25 | | obliterated from the official index requested to be kept by the | 26 | | circuit court clerk under Section 16 of the Clerks of Courts |
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| 1 | | Act in connection with the arrest and conviction for the | 2 | | offense for which he or she had been granted the certificate | 3 | | but the order shall not affect any index issued by the circuit | 4 | | court clerk before the entry of the order. All records sealed | 5 | | by the Department may be disseminated by the Department only as | 6 | | required by this Act or to the arresting authority, a law | 7 | | enforcement agency, the State's Attorney, and the court upon a | 8 | | later arrest for the same or similar offense or for the purpose | 9 | | of sentencing for any subsequent felony. Upon conviction for | 10 | | any subsequent offense, the Department of Corrections shall | 11 | | have access to all expunged records of the Department | 12 | | pertaining to that individual. Upon entry of the order of | 13 | | expungement, the circuit court clerk shall promptly mail a copy | 14 | | of the order to the person who was granted the certificate of | 15 | | eligibility for expungement. | 16 | | (f) Subject to available funding, the Illinois Department
| 17 | | of Corrections shall conduct a study of the impact of sealing,
| 18 | | especially on employment and recidivism rates, utilizing a
| 19 | | random sample of those who apply for the sealing of their
| 20 | | criminal records under Public Act 93-211. At the request of the
| 21 | | Illinois Department of Corrections, records of the Illinois
| 22 | | Department of Employment Security shall be utilized as
| 23 | | appropriate to assist in the study. The study shall not
| 24 | | disclose any data in a manner that would allow the
| 25 | | identification of any particular individual or employing unit.
| 26 | | The study shall be made available to the General Assembly no
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| 1 | | later than September 1, 2010.
| 2 | | (g) Immediate Sealing. | 3 | | (1) Applicability. Notwithstanding any other provision | 4 | | of this Act to the contrary, and cumulative with any rights | 5 | | to expungement or sealing of criminal records, this | 6 | | subsection authorizes the immediate sealing of criminal | 7 | | records of adults and of minors prosecuted as adults. | 8 | | (2) Eligible Records. Arrests or charges not initiated | 9 | | by arrest resulting in acquittal or dismissal with | 10 | | prejudice, except as excluded by subsection (a)(3)(B), | 11 | | that occur on or after January 1, 2018 (the effective date | 12 | | of Public Act 100-282), may be sealed immediately if the | 13 | | petition is filed with the circuit court clerk on the same | 14 | | day and during the same hearing in which the case is | 15 | | disposed. | 16 | | (3) When Records are Eligible to be Immediately Sealed. | 17 | | Eligible records under paragraph (2) of this subsection (g) | 18 | | may be sealed immediately after entry of the final | 19 | | disposition of a case, notwithstanding the disposition of | 20 | | other charges in the same case. | 21 | | (4) Notice of Eligibility for Immediate Sealing. Upon | 22 | | entry of a disposition for an eligible record under this | 23 | | subsection (g), the defendant shall be informed by the | 24 | | court of his or her right to have eligible records | 25 | | immediately sealed and the procedure for the immediate | 26 | | sealing of these records. |
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| 1 | | (5) Procedure. The following procedures apply to | 2 | | immediate sealing under this subsection (g). | 3 | | (A) Filing the Petition. Upon entry of the final | 4 | | disposition of the case, the defendant's attorney may | 5 | | immediately petition the court, on behalf of the | 6 | | defendant, for immediate sealing of eligible records | 7 | | under paragraph (2) of this subsection (g) that are | 8 | | entered on or after January 1, 2018 (the effective date | 9 | | of Public Act 100-282). The immediate sealing petition | 10 | | may be filed with the circuit court clerk during the | 11 | | hearing in which the final disposition of the case is | 12 | | entered. If the defendant's attorney does not file the | 13 | | petition for immediate sealing during the hearing, the | 14 | | defendant may file a petition for sealing at any time | 15 | | as authorized under subsection (c)(3)(A). | 16 | | (B) Contents of Petition. The immediate sealing | 17 | | petition shall be verified and shall contain the | 18 | | petitioner's name, date of birth, current address, and | 19 | | for each eligible record, the case number, the date of | 20 | | arrest if applicable, the identity of the arresting | 21 | | authority if applicable, and other information as the | 22 | | court may require. | 23 | | (C) Drug Test. The petitioner shall not be required | 24 | | to attach proof that he or she has passed a drug test. | 25 | | (D) Service of Petition. A copy of the petition | 26 | | shall be served on the State's Attorney in open court. |
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| 1 | | The petitioner shall not be required to serve a copy of | 2 | | the petition on any other agency. | 3 | | (E) Entry of Order. The presiding trial judge shall | 4 | | enter an order granting or denying the petition for | 5 | | immediate sealing during the hearing in which it is | 6 | | filed. Petitions for immediate sealing shall be ruled | 7 | | on in the same hearing in which the final disposition | 8 | | of the case is entered. | 9 | | (F) Hearings. The court shall hear the petition for | 10 | | immediate sealing on the same day and during the same | 11 | | hearing in which the disposition is rendered. | 12 | | (G) Service of Order. An order to immediately seal | 13 | | eligible records shall be served in conformance with | 14 | | subsection (d)(8). | 15 | | (H) Implementation of Order. An order to | 16 | | immediately seal records shall be implemented in | 17 | | conformance with subsections (d)(9)(C) and (d)(9)(D). | 18 | | (I) Fees. The fee imposed by the circuit court | 19 | | clerk and the Department of State Police shall comply | 20 | | with paragraph (1) of subsection (d) of this Section. | 21 | | (J) Final Order. No court order issued under this | 22 | | subsection (g) shall become final for purposes of | 23 | | appeal until 30 days after service of the order on the | 24 | | petitioner and all parties entitled to service of the | 25 | | order in conformance with subsection (d)(8). | 26 | | (K) Motion to Vacate, Modify, or Reconsider. Under |
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| 1 | | Section 2-1203 of the Code of Civil Procedure, the | 2 | | petitioner, State's Attorney, or the Department of | 3 | | State Police may file a motion to vacate, modify, or | 4 | | reconsider the order denying the petition to | 5 | | immediately seal within 60 days of service of the | 6 | | order. If filed more than 60 days after service of the | 7 | | order, a petition to vacate, modify, or reconsider | 8 | | shall comply with subsection (c) of Section 2-1401 of | 9 | | the Code of Civil Procedure. | 10 | | (L) Effect of Order. An order granting an immediate | 11 | | sealing petition shall not be considered void because | 12 | | it fails to comply with the provisions of this Section | 13 | | or because of an error asserted in a motion to vacate, | 14 | | modify, or reconsider. The circuit court retains | 15 | | jurisdiction to determine whether the order is | 16 | | voidable, and to vacate, modify, or reconsider its | 17 | | terms based on a motion filed under subparagraph (L) of | 18 | | this subsection (g). | 19 | | (M) Compliance with Order Granting Petition to | 20 | | Seal Records. Unless a court has entered a stay of an | 21 | | order granting a petition to immediately seal, all | 22 | | parties entitled to service of the order must fully | 23 | | comply with the terms of the order within 60 days of | 24 | | service of the order. | 25 | | (h) Sealing; trafficking victims. | 26 | | (1) A trafficking victim as defined by paragraph (10) |
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| 1 | | of subsection (a) of Section 10-9 of the Criminal Code of | 2 | | 2012 shall be eligible to petition for immediate sealing of | 3 | | his or her criminal record upon the completion of his or | 4 | | her last sentence if his or her participation in the | 5 | | underlying offense was a direct result of human trafficking | 6 | | under Section 10-9 of the Criminal Code of 2012 or a severe | 7 | | form of trafficking under the federal Trafficking Victims | 8 | | Protection Act. | 9 | | (2) A petitioner under this subsection (h), in addition | 10 | | to the requirements provided under paragraph (4) of | 11 | | subsection (d) of this Section, shall include in his or her | 12 | | petition a clear and concise statement that: (A) he or she | 13 | | was a victim of human trafficking at the time of the | 14 | | offense; and (B) that his or her participation in the | 15 | | offense was a direct result of human trafficking under | 16 | | Section 10-9 of the Criminal Code of 2012 or a severe form | 17 | | of trafficking under the federal Trafficking Victims | 18 | | Protection Act. | 19 | | (3) If an objection is filed alleging that the | 20 | | petitioner is not entitled to immediate sealing under this | 21 | | subsection (h), the court shall conduct a hearing under | 22 | | paragraph (7) of subsection (d) of this Section and the | 23 | | court shall determine whether the petitioner is entitled to | 24 | | immediate sealing under this subsection (h). A petitioner | 25 | | is eligible for immediate relief under this subsection (h) | 26 | | if he or she shows, by a preponderance of the evidence, |
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| 1 | | that: (A) he or she was a victim of human trafficking at | 2 | | the time of the offense; and (B) that his or her | 3 | | participation in the offense was a direct result of human | 4 | | trafficking under Section 10-9 of the Criminal Code of 2012 | 5 | | or a severe form of trafficking under the federal | 6 | | Trafficking Victims Protection Act. | 7 | | (i) Minor Cannabis Offenses under the Cannabis Control Act. | 8 | | (1) Expungement of Arrest Records of Minor Cannabis | 9 | | Offenses. | 10 | | (A) The Department of State Police and all law | 11 | | enforcement agencies within the State shall | 12 | | automatically expunge all criminal history records of | 13 | | an arrest, charge not initiated by arrest, order of | 14 | | supervision, or order of qualified probation for a | 15 | | Minor Cannabis Offense committed prior to June 25, 2019 | 16 | | (the effective date of Public Act 101-27) if: | 17 | | (i) One year or more has elapsed since the date | 18 | | of the arrest or law enforcement interaction | 19 | | documented in the records; and | 20 | | (ii) No criminal charges were filed relating | 21 | | to the arrest or law enforcement interaction or | 22 | | criminal charges were filed and subsequently | 23 | | dismissed or vacated or the arrestee was | 24 | | acquitted. | 25 | | (B) If the law enforcement agency is unable to | 26 | | verify satisfaction of condition (ii) in paragraph |
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| 1 | | (A), records that satisfy condition (i) in paragraph | 2 | | (A) shall be automatically expunged. | 3 | | (C) Records shall be expunged by the law | 4 | | enforcement agency under the following timelines: | 5 | | (i) Records created prior to June 25, 2019 (the | 6 | | effective date of Public Act 101-27), but on or | 7 | | after January 1, 2013, shall be automatically | 8 | | expunged prior to January 1, 2021; | 9 | | (ii) Records created prior to January 1, 2013, | 10 | | but on or after January 1, 2000, shall be | 11 | | automatically expunged prior to January 1, 2023; | 12 | | (iii) Records created prior to January 1, 2000 | 13 | | shall be automatically expunged prior to January | 14 | | 1, 2025. | 15 | | In response to an inquiry for expunged records, the | 16 | | law enforcement agency receiving such inquiry shall | 17 | | reply as it does in response to inquiries when no | 18 | | records ever existed; however, it shall provide a | 19 | | certificate of disposition or confirmation that the | 20 | | record was expunged to the individual whose record was | 21 | | expunged if such a record exists. | 22 | | (D) Nothing in this Section shall be construed to | 23 | | restrict or modify an individual's right to have that | 24 | | individual's records expunged except as otherwise may | 25 | | be provided in this Act, or diminish or abrogate any | 26 | | rights or remedies otherwise available to the |
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| 1 | | individual. | 2 | | (2) Pardons Authorizing Expungement of Minor Cannabis | 3 | | Offenses. | 4 | | (A) Upon June 25, 2019 (the effective date of | 5 | | Public Act 101-27), the Department of State Police | 6 | | shall review all criminal history record information | 7 | | and identify all records that meet all of the following | 8 | | criteria: | 9 | | (i) one or more convictions for a Minor | 10 | | Cannabis Offense; | 11 | | (ii) the conviction identified in paragraph | 12 | | (2)(A)(i) did not include a penalty enhancement | 13 | | under Section 7 of the Cannabis Control Act; and | 14 | | (iii) the conviction identified in paragraph | 15 | | (2)(A)(i) is not associated with a conviction for a | 16 | | violent crime as defined in subsection (c) of | 17 | | Section 3 of the Rights of Crime Victims and | 18 | | Witnesses Act. | 19 | | (B) Within 180 days after June 25, 2019 (the | 20 | | effective date of Public Act 101-27), the Department of | 21 | | State Police shall notify the Prisoner Review Board of | 22 | | all such records that meet the criteria established in | 23 | | paragraph (2)(A). | 24 | | (i) The Prisoner Review Board shall notify the | 25 | | State's Attorney of the county of conviction of | 26 | | each record identified by State Police in |
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| 1 | | paragraph (2)(A) that is classified as a Class 4 | 2 | | felony. The State's Attorney may provide a written | 3 | | objection to the Prisoner Review Board on the sole | 4 | | basis that the record identified does not meet the | 5 | | criteria established in paragraph (2)(A). Such an | 6 | | objection must be filed within 60 days or by such | 7 | | later date set by Prisoner Review Board in the | 8 | | notice after the State's Attorney received notice | 9 | | from the Prisoner Review Board. | 10 | | (ii) In response to a written objection from a | 11 | | State's Attorney, the Prisoner Review Board is | 12 | | authorized to conduct a non-public hearing to | 13 | | evaluate the information provided in the | 14 | | objection. | 15 | | (iii) The Prisoner Review Board shall make a | 16 | | confidential and privileged recommendation to the | 17 | | Governor as to whether to grant a pardon | 18 | | authorizing expungement for each of the records | 19 | | identified by the Department of State Police as | 20 | | described in paragraph (2)(A). | 21 | | (C) If an individual has been granted a pardon | 22 | | authorizing expungement as described in this Section, | 23 | | the Prisoner Review Board, through the Attorney | 24 | | General, shall file a petition for expungement with the | 25 | | Chief Judge of the circuit or any judge of the circuit | 26 | | designated by the Chief Judge where the individual had |
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| 1 | | been convicted. Such petition may include more than one | 2 | | individual. Whenever an individual who has been | 3 | | convicted of an offense is granted a pardon by the | 4 | | Governor that specifically authorizes expungement, an | 5 | | objection to the petition may not be filed. Petitions | 6 | | to expunge under this subsection (i) may include more | 7 | | than one individual. Within 90 days of the filing of | 8 | | such a petition, the court shall enter an order | 9 | | expunging the records of arrest from the official | 10 | | records of the arresting authority and order that the | 11 | | records of the circuit court clerk and the Department | 12 | | of State Police be expunged and the name of the | 13 | | defendant obliterated from the official index | 14 | | requested to be kept by the circuit court clerk under | 15 | | Section 16 of the Clerks of Courts Act in connection | 16 | | with the arrest and conviction for the offense for | 17 | | which the individual had received a pardon but the | 18 | | order shall not affect any index issued by the circuit | 19 | | court clerk before the entry of the order. Upon entry | 20 | | of the order of expungement, the circuit court clerk | 21 | | shall promptly provide a copy of the order and a | 22 | | certificate of disposition to the individual who was | 23 | | pardoned to the individual's last known address or by | 24 | | electronic means (if available) or otherwise make it | 25 | | available to the individual upon request. | 26 | | (D) Nothing in this Section is intended to diminish |
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| 1 | | or abrogate any rights or remedies otherwise available | 2 | | to the individual. | 3 | | (3) Any individual may file a motion to vacate and | 4 | | expunge a conviction for a misdemeanor or Class 4 felony | 5 | | violation of Section 4 or Section 5 of the Cannabis Control | 6 | | Act. Motions to vacate and expunge under this subsection | 7 | | (i) may be filed with the circuit court, Chief Judge of a | 8 | | judicial circuit or any judge of the circuit designated by | 9 | | the Chief Judge. The circuit court clerk shall promptly | 10 | | serve a copy of the motion to vacate and expunge, and any | 11 | | supporting documentation, on the State's Attorney or | 12 | | prosecutor charged with the duty of prosecuting the | 13 | | offense. When considering such a motion to vacate and | 14 | | expunge, a court shall consider the following: the reasons | 15 | | to retain the records provided by law enforcement, the | 16 | | petitioner's age, the petitioner's age at the time of | 17 | | offense, the time since the conviction, and the specific | 18 | | adverse consequences if denied. An individual may file such | 19 | | a petition after the completion of any non-financial | 20 | | sentence or non-financial condition imposed by the | 21 | | conviction. Within 60 days of the filing of such motion, a | 22 | | State's Attorney may file an objection to such a petition | 23 | | along with supporting evidence. If a motion to vacate and | 24 | | expunge is granted, the records shall be expunged in | 25 | | accordance with subparagraphs (d)(8) and (d)(9)(A) of this | 26 | | Section. An agency providing civil legal aid, as defined by |
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| 1 | | Section 15 of the Public Interest Attorney Assistance Act, | 2 | | assisting individuals seeking to file a motion to vacate | 3 | | and expunge under this subsection may file motions to | 4 | | vacate and expunge with the Chief Judge of a judicial | 5 | | circuit or any judge of the circuit designated by the Chief | 6 | | Judge, and the motion may include more than one individual. | 7 | | Motions filed by an agency providing civil legal aid | 8 | | concerning more than one individual may be prepared, | 9 | | presented, and signed electronically. | 10 | | (4) Any State's Attorney may file a motion to vacate | 11 | | and expunge a conviction for a misdemeanor or Class 4 | 12 | | felony violation of Section 4 or Section 5 of the Cannabis | 13 | | Control Act. Motions to vacate and expunge under this | 14 | | subsection (i) may be filed with the circuit court, Chief | 15 | | Judge of a judicial circuit or any judge of the circuit | 16 | | designated by the Chief Judge, and may include more than | 17 | | one individual. Motions filed by a State's Attorney | 18 | | concerning more than one individual may be prepared, | 19 | | presented, and signed electronically. When considering | 20 | | such a motion to vacate and expunge, a court shall consider | 21 | | the following: the reasons to retain the records provided | 22 | | by law enforcement, the individual's age, the individual's | 23 | | age at the time of offense, the time since the conviction, | 24 | | and the specific adverse consequences if denied. Upon entry | 25 | | of an order granting a motion to vacate and expunge records | 26 | | pursuant to this Section, the State's Attorney shall notify |
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| 1 | | the Prisoner Review Board within 30 days. Upon entry of the | 2 | | order of expungement, the circuit court clerk shall | 3 | | promptly provide a copy of the order and a certificate of | 4 | | disposition to the individual whose records will be | 5 | | expunged to the individual's last known address or by | 6 | | electronic means (if available) or otherwise make | 7 | | available to the individual upon request. If a motion to | 8 | | vacate and expunge is granted, the records shall be | 9 | | expunged in accordance with subparagraphs (d)(8) and | 10 | | (d)(9)(A) of this Section. | 11 | | (5) In the public interest, the State's Attorney of a | 12 | | county has standing to file motions to vacate and expunge | 13 | | pursuant to this Section in the circuit court with | 14 | | jurisdiction over the underlying conviction. | 15 | | (6) If a person is arrested for a Minor Cannabis | 16 | | Offense as defined in this Section before June 25, 2019 | 17 | | (the effective date of Public Act 101-27) and the person's | 18 | | case is still pending but a sentence has not been imposed, | 19 | | the person may petition the court in which the charges are | 20 | | pending for an order to summarily dismiss those charges | 21 | | against him or her, and expunge all official records of his | 22 | | or her arrest, plea, trial, conviction, incarceration, | 23 | | supervision, or expungement. If the court determines, upon | 24 | | review, that:
(A) the person was arrested before June 25, | 25 | | 2019 (the effective date of Public Act 101-27) for an | 26 | | offense that has been made eligible for expungement;
(B) |
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| 1 | | the case is pending at the time; and
(C) the person has not | 2 | | been sentenced of the minor cannabis violation eligible for | 3 | | expungement under this subsection, the court shall | 4 | | consider the following: the reasons to retain the records | 5 | | provided by law enforcement, the petitioner's age, the | 6 | | petitioner's age at the time of offense, the time since the | 7 | | conviction, and the specific adverse consequences if | 8 | | denied. If a motion to dismiss and expunge is granted, the | 9 | | records shall be expunged in accordance with subparagraph | 10 | | (d)(9)(A) of this Section. | 11 | | (7) A person imprisoned solely as a result of one or | 12 | | more convictions for Minor Cannabis Offenses under this | 13 | | subsection (i) shall be released from incarceration upon | 14 | | the issuance of an order under this subsection. | 15 | | (8) The Department of State Police shall allow a person | 16 | | to use the access and review process, established in the | 17 | | Department of State Police, for verifying that his or her | 18 | | records relating to Minor Cannabis Offenses of the Cannabis | 19 | | Control Act eligible under this Section have been expunged. | 20 | | (9) No conviction vacated pursuant to this Section | 21 | | shall serve as the basis for damages for time unjustly | 22 | | served as provided in the Court of Claims Act. | 23 | | (10) Effect of Expungement. A person's right to expunge | 24 | | an expungeable offense shall not be limited under this | 25 | | Section. The effect of an order of expungement shall be to | 26 | | restore the person to the status he or she occupied before |
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| 1 | | the arrest, charge, or conviction. | 2 | | (11) Information. The Department of State Police shall | 3 | | post general information on its website about the | 4 | | expungement process described in this subsection (i). | 5 | | (Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18; | 6 | | 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff. | 7 | | 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863, | 8 | | eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | 9 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | 10 | | 12-4-19.)
| 11 | | Section 10. The Unified Code of Corrections is amended by | 12 | | changing Section 3-3-2 as follows:
| 13 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 14 | | Sec. 3-3-2. Powers and duties.
| 15 | | (a) The Parole and Pardon Board is abolished and the term | 16 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 17 | | read "Prisoner Review
Board." After the effective date of this | 18 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 19 | | by rule for the orderly transition of
all files, records, and | 20 | | documents of the Parole and Pardon Board and for
such other | 21 | | steps as may be necessary to effect an orderly transition and | 22 | | shall:
| 23 | | (1) hear by at least one member and through a panel of | 24 | | at least 3 members
decide, cases of prisoners
who were |
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| 1 | | sentenced under the law in effect prior to the effective
| 2 | | date of this amendatory Act of 1977, and who are eligible | 3 | | for parole;
| 4 | | (2) hear by at least one member and through a panel of | 5 | | at least 3 members decide, the conditions of
parole and the | 6 | | time of discharge from parole, impose sanctions for
| 7 | | violations of parole, and revoke
parole for those sentenced | 8 | | under the law in effect prior to this amendatory
Act of | 9 | | 1977; provided that the decision to parole and the | 10 | | conditions of
parole for all prisoners who were sentenced | 11 | | for first degree murder or who
received a minimum sentence | 12 | | of 20 years or more under the law in effect
prior to | 13 | | February 1, 1978 shall be determined by a majority vote of | 14 | | the
Prisoner Review Board. One representative supporting | 15 | | parole and one representative opposing parole will be | 16 | | allowed to speak. Their comments shall be limited to making | 17 | | corrections and filling in omissions to the Board's | 18 | | presentation and discussion;
| 19 | | (3) hear by at least one member and through a panel of | 20 | | at least 3 members decide, the conditions
of mandatory | 21 | | supervised release and the time of discharge from mandatory
| 22 | | supervised release, impose sanctions for violations of | 23 | | mandatory
supervised release, and revoke mandatory | 24 | | supervised release for those
sentenced under the law in | 25 | | effect after the effective date of this
amendatory Act of | 26 | | 1977;
|
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| 1 | | (3.5) hear by at least one member and through a panel | 2 | | of at least 3 members decide, the conditions of mandatory | 3 | | supervised release and the time of discharge from mandatory | 4 | | supervised release, to impose sanctions for violations of | 5 | | mandatory supervised release and revoke mandatory | 6 | | supervised release for those serving extended supervised | 7 | | release terms pursuant to paragraph (4) of subsection (d) | 8 | | of Section 5-8-1;
| 9 | | (3.6) hear by at least one member and through a panel | 10 | | of at least 3 members decide whether to revoke aftercare | 11 | | release for those committed to the Department of Juvenile | 12 | | Justice under the Juvenile Court Act of 1987; | 13 | | (4) hear by at least one member and through a panel of | 14 | | at least 3
members,
decide cases brought by the Department | 15 | | of Corrections against a prisoner in
the custody of the | 16 | | Department for alleged violation of Department rules
with | 17 | | respect to sentence credits under Section 3-6-3 of this | 18 | | Code
in which the Department seeks to revoke sentence | 19 | | credits, if the amount
of time at issue exceeds 30 days or | 20 | | when, during any 12 month period, the
cumulative amount of | 21 | | credit revoked exceeds 30 days except where the
infraction | 22 | | is committed or discovered within 60 days of scheduled | 23 | | release.
In such cases, the Department of Corrections may | 24 | | revoke up to 30 days of
sentence credit. The Board may | 25 | | subsequently approve the revocation of
additional sentence | 26 | | credit, if the Department seeks to revoke sentence credit |
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| 1 | | in excess of thirty days. However, the Board shall not be
| 2 | | empowered to review the Department's decision with respect | 3 | | to the loss of
30 days of sentence credit for any prisoner | 4 | | or to increase any penalty
beyond the length requested by | 5 | | the Department;
| 6 | | (5) hear by at least one member and through a panel of | 7 | | at least 3
members decide, the
release dates for certain | 8 | | prisoners sentenced under the law in existence
prior to the | 9 | | effective date of this amendatory Act of 1977, in
| 10 | | accordance with Section 3-3-2.1 of this Code;
| 11 | | (6) hear by at least one member and through a panel of | 12 | | at least 3 members
decide, all requests for pardon, | 13 | | reprieve or commutation, and make confidential
| 14 | | recommendations to the Governor;
| 15 | | (6.5) hear by at least one member who is qualified in | 16 | | the field of juvenile matters and through a panel of at | 17 | | least 3 members, 2 of whom are qualified in the field of | 18 | | juvenile matters, decide parole review cases in accordance | 19 | | with Section 5-4.5-115 of this Code and make release | 20 | | determinations of persons under the age of 21 at the time | 21 | | of the commission of an offense or offenses, other than | 22 | | those persons serving sentences for first degree murder or | 23 | | aggravated criminal sexual assault; | 24 | | (6.6) hear by at least a quorum of
the Prisoner Review | 25 | | Board and decide by a majority of members present at the | 26 | | hearing, in accordance with Section 5-4.5-115 of this
Code, |
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| 1 | | release determinations of persons under the age of 21 at | 2 | | the
time of the commission of an offense or offenses of | 3 | | those persons serving
sentences for first degree murder or | 4 | | aggravated criminal sexual assault; | 5 | | (7) comply with the requirements of the Open Parole | 6 | | Hearings Act;
| 7 | | (8) hear by at least one member and, through a panel of | 8 | | at least 3
members, decide cases brought by the Department | 9 | | of Corrections against a
prisoner in the custody of the | 10 | | Department for court dismissal of a frivolous
lawsuit | 11 | | pursuant to Section 3-6-3(d) of this Code in which the | 12 | | Department seeks
to revoke up to 180 days of sentence | 13 | | credit, and if the prisoner has not
accumulated 180 days of | 14 | | sentence credit at the time of the dismissal, then
all | 15 | | sentence credit accumulated by the prisoner shall be | 16 | | revoked;
| 17 | | (9) hear by at least 3 members, and, through a panel of | 18 | | at least 3
members, decide whether to grant certificates of | 19 | | relief from
disabilities or certificates of good conduct as | 20 | | provided in Article 5.5 of
Chapter V; | 21 | | (10) upon a petition by a person who has been convicted | 22 | | of a Class 3 or Class 4 felony and who meets the | 23 | | requirements of this paragraph, hear by at least 3 members | 24 | | and, with the unanimous vote of a panel of 3 members, issue | 25 | | a certificate of eligibility for sealing recommending that | 26 | | the court order the sealing of all official
records of the |
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| 1 | | arresting authority, the circuit court clerk, and the | 2 | | Department of State Police concerning the arrest and | 3 | | conviction for the Class 3 or 4 felony. A person may not | 4 | | apply to the Board for a certificate of eligibility for | 5 | | sealing: | 6 | | (A) until 5 years have elapsed since the expiration | 7 | | of his or her sentence; | 8 | | (B) until 5 years have elapsed since any arrests or | 9 | | detentions by a law enforcement officer for an alleged | 10 | | violation of law, other than a petty offense, traffic | 11 | | offense, conservation offense, or local ordinance | 12 | | offense; | 13 | | (C) if convicted of a violation of the Cannabis | 14 | | Control Act, Illinois Controlled Substances Act, the | 15 | | Methamphetamine Control and Community Protection Act, | 16 | | the Methamphetamine Precursor Control Act, or the | 17 | | Methamphetamine Precursor Tracking Act unless the | 18 | | petitioner has completed a drug abuse program for the | 19 | | offense on which sealing is sought and provides proof | 20 | | that he or she has completed the program successfully; | 21 | | (D) if convicted of: | 22 | | (i) a sex offense described in Article 11 or | 23 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 24 | | the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012; | 26 | | (ii) aggravated assault; |
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| 1 | | (iii) aggravated battery; | 2 | | (iv) domestic battery; | 3 | | (v) aggravated domestic battery; | 4 | | (vi) violation of an order of protection; | 5 | | (vii) an offense under the Criminal Code of | 6 | | 1961 or the Criminal Code of 2012 involving a | 7 | | firearm; | 8 | | (viii) driving while under the influence of | 9 | | alcohol, other drug or drugs, intoxicating | 10 | | compound or compounds or any combination thereof; | 11 | | (ix) aggravated driving while under the | 12 | | influence of alcohol, other drug or drugs, | 13 | | intoxicating compound or compounds or any | 14 | | combination thereof; or | 15 | | (x) any crime defined as a crime of violence | 16 | | under Section 2 of the Crime Victims Compensation | 17 | | Act. | 18 | | If a person has applied to the Board for a certificate | 19 | | of eligibility for sealing and the Board denies the | 20 | | certificate, the person must wait at least 4 years before | 21 | | filing again or filing for pardon from the Governor unless | 22 | | the Chairman of the Prisoner Review Board grants a waiver. | 23 | | The decision to issue or refrain from issuing a | 24 | | certificate of eligibility for sealing shall be at the | 25 | | Board's sole discretion, and shall not give rise to any | 26 | | cause of action against either the Board or its members. |
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| 1 | | The Board may only authorize the sealing of Class 3 and | 2 | | 4 felony convictions of the petitioner from one information | 3 | | or indictment under this paragraph (10). A petitioner may | 4 | | only receive one certificate of eligibility for sealing | 5 | | under this provision for life; and
| 6 | | (11) upon a petition by a person who has after having | 7 | | been convicted of a Class 3 or Class 4 felony thereafter | 8 | | served in the United States Armed Forces or National Guard | 9 | | of this or any other state and had received an honorable | 10 | | discharge from the United States Armed Forces or National | 11 | | Guard or who at the time of filing the petition is enlisted | 12 | | in the United States Armed Forces or National Guard of this | 13 | | or any other state and served one tour of duty and who | 14 | | meets the requirements of this paragraph , hear by at least | 15 | | 3 members and, with the unanimous vote of a panel of 3 | 16 | | members, issue a certificate of eligibility for | 17 | | expungement requiring recommending that the court order | 18 | | the expungement of all official
records of the arresting | 19 | | authority, the circuit court clerk, and the Illinois | 20 | | Department of State Police concerning the arrest and | 21 | | conviction for the Class 3 or 4 felony. | 22 | | A person may not apply to the Board for a certificate | 23 | | of eligibility for expungement if convicted of : | 24 | | (A) if convicted of: | 25 | | (i) a sex offense described in Article 11 or | 26 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of |
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| 1 | | the Criminal Code of 1961 or Criminal Code of 2012; | 2 | | (ii) an offense under the Criminal Code of 1961 | 3 | | or Criminal Code of 2012 involving a firearm; or | 4 | | (iii) a crime of violence as defined in Section | 5 | | 2 of the Crime Victims Compensation Act; or | 6 | | (iv) an offense involving domestic violence as | 7 | | defined in Section 112A-3 of the Code of Criminal | 8 | | Procedure of 1963, including aggravated assault, | 9 | | aggravated battery, violation of an order of | 10 | | protection, domestic battery, or aggravated | 11 | | domestic battery. | 12 | | (B) if the person has not served in the United | 13 | | States Armed Forces or National Guard of this or any | 14 | | other state or has not received an honorable discharge | 15 | | from the United States Armed Forces or National Guard | 16 | | of this or any other state or who at the time of the | 17 | | filing of the petition is serving in the United States | 18 | | Armed Forces or National Guard of this or any other | 19 | | state and has not completed one tour of duty. | 20 | | If a person has applied to the Board for a certificate | 21 | | of eligibility for expungement and the Board denies the | 22 | | certificate, the person must wait at least 4 years before | 23 | | filing again or filing for a pardon with authorization for | 24 | | expungement from the Governor unless the Governor or | 25 | | Chairman of the Prisoner Review Board grants a waiver. | 26 | | (a-5) The Prisoner Review Board, with the cooperation of |
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| 1 | | and in
coordination with the Department of Corrections and the | 2 | | Department of Central
Management Services, shall implement a | 3 | | pilot project in 3 correctional
institutions providing for the | 4 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 5 | | (a) of this Section through interactive video conferences.
The
| 6 | | project shall be implemented within 6 months after the | 7 | | effective date of this
amendatory Act of 1996. Within 6 months | 8 | | after the implementation of the pilot
project, the Prisoner | 9 | | Review Board, with the cooperation of and in coordination
with | 10 | | the Department of Corrections and the Department of Central | 11 | | Management
Services, shall report to the Governor and the | 12 | | General Assembly regarding the
use, costs, effectiveness, and | 13 | | future viability of interactive video
conferences for Prisoner | 14 | | Review Board hearings.
| 15 | | (b) Upon recommendation of the Department the Board may | 16 | | restore sentence credit previously revoked.
| 17 | | (c) The Board shall cooperate with the Department in | 18 | | promoting an
effective system of parole and mandatory | 19 | | supervised release.
| 20 | | (d) The Board shall promulgate rules for the conduct of its | 21 | | work,
and the Chairman shall file a copy of such rules and any | 22 | | amendments
thereto with the Director and with the Secretary of | 23 | | State.
| 24 | | (e) The Board shall keep records of all of its official | 25 | | actions and
shall make them accessible in accordance with law | 26 | | and the rules of the
Board.
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| 1 | | (f) The Board or one who has allegedly violated the | 2 | | conditions of
his or her parole, aftercare release, or | 3 | | mandatory supervised release may require by subpoena the
| 4 | | attendance and testimony of witnesses and the production of | 5 | | documentary
evidence relating to any matter under | 6 | | investigation or hearing. The
Chairman of the Board may sign | 7 | | subpoenas which shall be served by any
agent or public official | 8 | | authorized by the Chairman of the Board, or by
any person | 9 | | lawfully authorized to serve a subpoena under the laws of the
| 10 | | State of Illinois. The attendance of witnesses, and the | 11 | | production of
documentary evidence, may be required from any | 12 | | place in the State to a
hearing location in the State before | 13 | | the Chairman of the Board or his or her
designated agent or | 14 | | agents or any duly constituted Committee or
Subcommittee of the | 15 | | Board. Witnesses so summoned shall be paid the same
fees and | 16 | | mileage that are paid witnesses in the circuit courts of the
| 17 | | State, and witnesses whose depositions are taken and the | 18 | | persons taking
those depositions are each entitled to the same | 19 | | fees as are paid for
like services in actions in the circuit | 20 | | courts of the State. Fees and
mileage shall be vouchered for | 21 | | payment when the witness is discharged
from further attendance.
| 22 | | In case of disobedience to a subpoena, the Board may | 23 | | petition any
circuit court of the State for an order requiring | 24 | | the attendance and
testimony of witnesses or the production of | 25 | | documentary evidence or
both. A copy of such petition shall be | 26 | | served by personal service or by
registered or certified mail |
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| 1 | | upon the person who has failed to obey the
subpoena, and such | 2 | | person shall be advised in writing that a hearing
upon the | 3 | | petition will be requested in a court room to be designated in
| 4 | | such notice before the judge hearing motions or extraordinary | 5 | | remedies
at a specified time, on a specified date, not less | 6 | | than 10 nor more than
15 days after the deposit of the copy of | 7 | | the written notice and petition
in the U.S. mails addressed to | 8 | | the person at his last known address or
after the personal | 9 | | service of the copy of the notice and petition upon
such | 10 | | person. The court upon the filing of such a petition, may order | 11 | | the
person refusing to obey the subpoena to appear at an | 12 | | investigation or
hearing, or to there produce documentary | 13 | | evidence, if so ordered, or to
give evidence relative to the | 14 | | subject matter of that investigation or
hearing. Any failure to | 15 | | obey such order of the circuit court may be
punished by that | 16 | | court as a contempt of court.
| 17 | | Each member of the Board and any hearing officer designated | 18 | | by the
Board shall have the power to administer oaths and to | 19 | | take the testimony
of persons under oath.
| 20 | | (g) Except under subsection (a) of this Section, a majority | 21 | | of the
members then appointed to the Prisoner Review Board | 22 | | shall constitute a
quorum for the transaction of all business | 23 | | of the Board.
| 24 | | (h) The Prisoner Review Board shall annually transmit to | 25 | | the
Director a detailed report of its work for the preceding | 26 | | calendar year.
The annual report shall also be transmitted to |
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| 1 | | the Governor for
submission to the Legislature.
| 2 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)".
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