Full Text of HB5023 103rd General Assembly
HB5023ham003 103RD GENERAL ASSEMBLY | Rep. Kevin John Olickal Filed: 4/5/2024 | | 10300HB5023ham003 | | LRB103 37573 AWJ 71752 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5023
| 2 | | AMENDMENT NO. ______. Amend House Bill 5023 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 following Sections of the | 14 | | Unified Code of Corrections: | 15 | | Business Offense, Section 5-1-2. | 16 | | Charge, Section 5-1-3. |
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| 1 | | Court, Section 5-1-6. | 2 | | Defendant, Section 5-1-7. | 3 | | Felony, Section 5-1-9. | 4 | | Imprisonment, Section 5-1-10. | 5 | | Judgment, Section 5-1-12. | 6 | | Misdemeanor, Section 5-1-14. | 7 | | Offense, Section 5-1-15. | 8 | | Parole, Section 5-1-16. | 9 | | Petty Offense, Section 5-1-17. | 10 | | Probation, Section 5-1-18. | 11 | | Sentence, Section 5-1-19. | 12 | | Supervision, Section 5-1-21. | 13 | | Victim, Section 5-1-22. | 14 | | (B) As used in this Section, "charge not initiated | 15 | | by arrest" means a charge (as defined by Section 5-1-3 | 16 | | of the Unified Code of Corrections) brought against a | 17 | | defendant where the defendant is not arrested prior to | 18 | | or as a direct 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 | 22 | | by a legally constituted jury or by a court of | 23 | | competent jurisdiction authorized to try the case | 24 | | without a jury. An order of supervision successfully | 25 | | completed by the petitioner is not a conviction. An | 26 | | order of qualified probation (as defined in subsection |
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| 1 | | (a)(1)(J)) successfully completed by the petitioner is | 2 | | not a conviction. An order of supervision or an order | 3 | | of 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 | | (i) has the same meaning as in paragraph (5) | 24 | | of subsection (b) of Section 5 of the Court Record | 25 | | and Document Accessibility Act for circuit court | 26 | | clerks. Nothing in this Act or the Court Record |
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| 1 | | and Document Accessibility Act shall require the | 2 | | physical destruction of the circuit court clerk | 3 | | file. The petitioner's name shall be obliterated | 4 | | from the official index required to be kept by the | 5 | | circuit court clerk under Section 16 of the Clerks | 6 | | of Courts Act, but the order shall not affect any | 7 | | index issued by the circuit court clerk before the | 8 | | entry of the order to expunge; or | 9 | | (ii) means to physically destroy the records | 10 | | or return them to the petitioner and to obliterate | 11 | | the petitioner's name from any official index or | 12 | | public record, or both for the arresting agency, | 13 | | the Illinois State Police, and any other agency as | 14 | | so ordered by the court not covered in subsection | 15 | | (a)(1)(E)(i). | 16 | | (F) As used in this Section, "last sentence" means | 17 | | the sentence, order of supervision, or order of | 18 | | qualified probation (as defined by subsection | 19 | | (a)(1)(J)), for a criminal offense (as defined by | 20 | | subsection (a)(1)(D)) that terminates last in time in | 21 | | any jurisdiction, regardless of whether the petitioner | 22 | | has included the criminal offense for which the | 23 | | sentence or order of supervision or qualified | 24 | | probation was imposed in his or her petition. If | 25 | | multiple sentences, orders of supervision, or orders | 26 | | of qualified probation terminate on the same day and |
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| 1 | | are last in time, they shall be collectively | 2 | | considered the "last sentence" regardless of whether | 3 | | they were ordered to run concurrently. | 4 | | (G) "Minor traffic offense" means a petty offense, | 5 | | business offense, or Class C misdemeanor under the | 6 | | Illinois Vehicle Code or a similar provision of a | 7 | | municipal or local ordinance. | 8 | | (G-5) "Minor Cannabis Offense" means a violation | 9 | | of Section 4 or 5 of the Cannabis Control Act | 10 | | concerning not more than 30 grams of any substance | 11 | | containing cannabis, provided the violation did not | 12 | | include a penalty enhancement under Section 7 of the | 13 | | Cannabis Control Act and is not associated with an | 14 | | arrest, conviction or other disposition for a violent | 15 | | crime as defined in subsection (c) of Section 3 of the | 16 | | Rights of Crime Victims and Witnesses Act. | 17 | | (H) "Municipal ordinance violation" means an | 18 | | offense defined by a municipal or local ordinance that | 19 | | is criminal in nature and with which the petitioner | 20 | | was charged or for which the petitioner was arrested | 21 | | and released without charging. | 22 | | (I) "Petitioner" means an adult or a minor | 23 | | prosecuted as an adult who has applied for relief | 24 | | under this Section. | 25 | | (J) "Qualified probation" means an order of | 26 | | probation under Section 10 of the Cannabis Control |
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| 1 | | Act, Section 410 of the Illinois Controlled Substances | 2 | | Act, Section 70 of the Methamphetamine Control and | 3 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | 4 | | of the Unified Code of Corrections, Section | 5 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | 6 | | those provisions existed before their deletion by | 7 | | Public Act 89-313), Section 10-102 of the Illinois | 8 | | Alcoholism and Other Drug Dependency Act, Section | 9 | | 40-10 of the Substance Use Disorder Act, or Section 10 | 10 | | of the Steroid Control Act. For the purpose of this | 11 | | Section, "successful completion" of an order of | 12 | | qualified probation under Section 10-102 of the | 13 | | Illinois Alcoholism and Other Drug Dependency Act and | 14 | | Section 40-10 of the Substance Use Disorder Act means | 15 | | that the probation was terminated satisfactorily and | 16 | | the judgment of conviction was vacated. | 17 | | (K) "Seal" : means to physically and electronically | 18 | | maintain the records, unless the records would | 19 | | otherwise be destroyed due to age, but to make the | 20 | | records unavailable without a court order, subject to | 21 | | the exceptions in Sections 12 and 13 of this Act. The | 22 | | petitioner's name shall also be obliterated from the | 23 | | official index required to be kept by the circuit | 24 | | court clerk under Section 16 of the Clerks of Courts | 25 | | Act, but any index issued by the circuit court clerk | 26 | | before the entry of the order to seal shall not be |
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| 1 | | affected. | 2 | | (i) has the same meaning as in paragraph (4) | 3 | | of subsection (b) of Section 5 of the Court Record | 4 | | and Document Accessibility Act for circuit court | 5 | | clerks. The petitioner's name shall also be | 6 | | obliterated from the official index required to be | 7 | | kept by the circuit court clerk under Section 16 | 8 | | of the Clerks of Courts Act, but any index issued | 9 | | by the circuit court clerk before the entry of the | 10 | | order to seal shall not be affected; or | 11 | | (ii) means to physically and electronically | 12 | | maintain the records, for the arresting agency, | 13 | | the Illinois State Police, and any other agency as | 14 | | so ordered by the court not covered in subsection | 15 | | (a)(1)(K)(i), unless the records would otherwise | 16 | | be destroyed due to age, but to make the records | 17 | | unavailable without a court order, subject to the | 18 | | exceptions in Sections 12 and 13. | 19 | | (L) "Sexual offense committed against a minor" | 20 | | includes, but is not limited to, the offenses of | 21 | | indecent solicitation of a child or criminal sexual | 22 | | abuse when the victim of such offense is under 18 years | 23 | | of age. | 24 | | (M) "Terminate" as it relates to a sentence or | 25 | | order of supervision or qualified probation includes | 26 | | either satisfactory or unsatisfactory termination of |
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| 1 | | the sentence, unless otherwise specified in this | 2 | | Section. A sentence is terminated notwithstanding any | 3 | | outstanding financial legal obligation. | 4 | | (2) Minor Traffic Offenses. Orders of supervision or | 5 | | convictions for minor traffic offenses shall not affect a | 6 | | petitioner's eligibility to expunge or seal records | 7 | | pursuant to this Section. | 8 | | (2.5) Commencing 180 days after July 29, 2016 (the | 9 | | effective date of Public Act 99-697), the law enforcement | 10 | | agency issuing the citation shall automatically expunge, | 11 | | on or before January 1 and July 1 of each year, the law | 12 | | enforcement records of a person found to have committed a | 13 | | civil law violation of subsection (a) of Section 4 of the | 14 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 15 | | the Drug Paraphernalia Control Act in the law enforcement | 16 | | agency's possession or control and which contains the | 17 | | final satisfactory disposition which pertain to the person | 18 | | issued a citation for that offense. The law enforcement | 19 | | agency shall provide by rule the process for access, | 20 | | review, and to confirm the automatic expungement by the | 21 | | law enforcement agency issuing the citation. Commencing | 22 | | 180 days after July 29, 2016 (the effective date of Public | 23 | | Act 99-697), the clerk of the circuit court shall expunge, | 24 | | upon order of the court, or in the absence of a court order | 25 | | on or before January 1 and July 1 of each year, the court | 26 | | records of a person found in the circuit court to have |
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| 1 | | committed a civil law violation of subsection (a) of | 2 | | Section 4 of the Cannabis Control Act or subsection (c) of | 3 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 4 | | clerk's possession or control and which contains the final | 5 | | satisfactory disposition which pertain to the person | 6 | | issued a citation for any of those offenses. | 7 | | (3) Exclusions. Except as otherwise provided in | 8 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 9 | | of this Section, the court shall not order: | 10 | | (A) the sealing or expungement of the records of | 11 | | arrests or charges not initiated by arrest that result | 12 | | in an order of supervision for or conviction of: (i) | 13 | | any sexual offense committed against a minor; (ii) | 14 | | Section 11-501 of the Illinois Vehicle Code or a | 15 | | similar provision of a local ordinance; or (iii) | 16 | | Section 11-503 of the Illinois Vehicle Code or a | 17 | | similar provision of a local ordinance, unless the | 18 | | arrest or charge is for a misdemeanor violation of | 19 | | subsection (a) of Section 11-503 or a similar | 20 | | provision of a local ordinance, that occurred prior to | 21 | | the offender reaching the age of 25 years and the | 22 | | offender has no other conviction for violating Section | 23 | | 11-501 or 11-503 of the Illinois Vehicle Code or a | 24 | | similar provision of a local ordinance. | 25 | | (B) the sealing or expungement of records of minor | 26 | | traffic offenses (as defined in subsection (a)(1)(G)), |
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| 1 | | unless the petitioner was arrested and released | 2 | | without charging. | 3 | | (C) the sealing of the records of arrests or | 4 | | charges not initiated by arrest which result in an | 5 | | order of supervision or a conviction for the following | 6 | | offenses: | 7 | | (i) offenses included in Article 11 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012 | 9 | | or a similar provision of a local ordinance, | 10 | | except Section 11-14 and a misdemeanor violation | 11 | | of Section 11-30 of the Criminal Code of 1961 or | 12 | | the Criminal Code of 2012, or a similar provision | 13 | | of a local ordinance; | 14 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 15 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012, or a similar provision of a | 17 | | local ordinance; | 18 | | (iii) Section 12-3.1 or 12-3.2 of the Criminal | 19 | | Code of 1961 or the Criminal Code of 2012, or | 20 | | Section 125 of the Stalking No Contact Order Act, | 21 | | or Section 219 of the Civil No Contact Order Act, | 22 | | or a similar provision of a local ordinance; | 23 | | (iv) Class A misdemeanors or felony offenses | 24 | | under the Humane Care for Animals Act; or | 25 | | (v) any offense or attempted offense that | 26 | | would subject a person to registration under the |
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| 1 | | Sex Offender Registration Act. | 2 | | (D) (blank). | 3 | | (b) Expungement. | 4 | | (1) A petitioner may petition the circuit court to | 5 | | expunge the records of his or her arrests and charges not | 6 | | initiated by arrest when each arrest or charge not | 7 | | initiated by arrest sought to be expunged resulted in: (i) | 8 | | acquittal, dismissal, or the petitioner's release without | 9 | | charging, unless excluded by subsection (a)(3)(B); (ii) a | 10 | | conviction which was vacated or reversed, unless excluded | 11 | | by subsection (a)(3)(B); (iii) an order of supervision and | 12 | | such supervision was successfully completed by the | 13 | | petitioner, unless excluded by subsection (a)(3)(A) or | 14 | | (a)(3)(B); or (iv) an order of qualified probation (as | 15 | | defined in subsection (a)(1)(J)) and such probation was | 16 | | successfully completed by the petitioner. | 17 | | (1.5) When a petitioner seeks to have a record of | 18 | | arrest expunged under this Section, and the offender has | 19 | | been convicted of a criminal offense, the State's Attorney | 20 | | may object to the expungement on the grounds that the | 21 | | records contain specific relevant information aside from | 22 | | the mere fact of the arrest. | 23 | | (2) Time frame for filing a petition to expunge. | 24 | | (A) When the arrest or charge not initiated by | 25 | | arrest sought to be expunged resulted in an acquittal, | 26 | | dismissal, the petitioner's release without charging, |
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| 1 | | or the reversal or vacation of a conviction, there is | 2 | | no waiting period to petition for the expungement of | 3 | | such records. | 4 | | (B) When the arrest or charge not initiated by | 5 | | arrest sought to be expunged resulted in an order of | 6 | | supervision, successfully completed by the petitioner, | 7 | | the following time frames will apply: | 8 | | (i) Those arrests or charges that resulted in | 9 | | orders of supervision under Section 3-707, 3-708, | 10 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or | 11 | | a similar provision of a local ordinance, or under | 12 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 13 | | Code of 1961 or the Criminal Code of 2012, or a | 14 | | similar provision of a local ordinance, shall not | 15 | | be eligible for expungement until 5 years have | 16 | | passed following the satisfactory termination of | 17 | | the supervision. | 18 | | (i-5) Those arrests or charges that resulted | 19 | | in orders of supervision for a misdemeanor | 20 | | violation of subsection (a) of Section 11-503 of | 21 | | the Illinois Vehicle Code or a similar provision | 22 | | of a local ordinance, that occurred prior to the | 23 | | offender reaching the age of 25 years and the | 24 | | offender has no other conviction for violating | 25 | | Section 11-501 or 11-503 of the Illinois Vehicle | 26 | | Code or a similar provision of a local ordinance |
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| 1 | | shall not be eligible for expungement until the | 2 | | petitioner has reached the age of 25 years. | 3 | | (ii) Those arrests or charges that resulted in | 4 | | orders of supervision for any other offenses shall | 5 | | not be eligible for expungement until 2 years have | 6 | | passed following the satisfactory termination of | 7 | | the supervision. | 8 | | (C) When the arrest or charge not initiated by | 9 | | arrest sought to be expunged resulted in an order of | 10 | | qualified probation, successfully completed by the | 11 | | petitioner, such records shall not be eligible for | 12 | | expungement until 5 years have passed following the | 13 | | satisfactory termination of the probation. | 14 | | (3) Those records maintained by the Illinois State | 15 | | Police for persons arrested prior to their 17th birthday | 16 | | shall be expunged as provided in Section 5-915 of the | 17 | | Juvenile Court Act of 1987. | 18 | | (4) Whenever a person has been arrested for or | 19 | | convicted of any offense, in the name of a person whose | 20 | | identity he or she has stolen or otherwise come into | 21 | | possession of, the aggrieved person from whom the identity | 22 | | was stolen or otherwise obtained without authorization, | 23 | | upon learning of the person having been arrested using his | 24 | | or her identity, may, upon verified petition to the chief | 25 | | judge of the circuit wherein the arrest was made, have a | 26 | | court order entered nunc pro tunc by the Chief Judge to |
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| 1 | | correct the arrest record, conviction record, if any, and | 2 | | all official records of the arresting authority, the | 3 | | Illinois State Police, other criminal justice agencies, | 4 | | the prosecutor, and the trial court concerning such | 5 | | arrest, if any, by removing his or her name from all such | 6 | | records in connection with the arrest and conviction, if | 7 | | any, and by inserting in the records the name of the | 8 | | offender, if known or ascertainable, in lieu of the | 9 | | aggrieved's name. The records of the circuit court clerk | 10 | | shall be sealed until further order of the court upon good | 11 | | cause shown and the name of the aggrieved person | 12 | | obliterated on the official index required to be kept by | 13 | | the circuit court clerk under Section 16 of the Clerks of | 14 | | Courts Act, but the order shall not affect any index | 15 | | issued by the circuit court clerk before the entry of the | 16 | | order. Nothing in this Section shall limit the Illinois | 17 | | State Police or other criminal justice agencies or | 18 | | prosecutors from listing under an offender's name the | 19 | | false names he or she has used. | 20 | | (5) Whenever a person has been convicted of criminal | 21 | | sexual assault, aggravated criminal sexual assault, | 22 | | predatory criminal sexual assault of a child, criminal | 23 | | sexual abuse, or aggravated criminal sexual abuse, the | 24 | | victim of that offense may request that the State's | 25 | | Attorney of the county in which the conviction occurred | 26 | | file a verified petition with the presiding trial judge at |
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| 1 | | the petitioner's trial to have a court order entered to | 2 | | seal the records of the circuit court clerk in connection | 3 | | with the proceedings of the trial court concerning that | 4 | | offense. However, the records of the arresting authority | 5 | | and the Illinois State Police concerning the offense shall | 6 | | not be sealed. The court, upon good cause shown, shall | 7 | | make the records of the circuit court clerk in connection | 8 | | with the proceedings of the trial court concerning the | 9 | | offense available for public inspection. | 10 | | (6) If a conviction has been set aside on direct | 11 | | review or on collateral attack and the court determines by | 12 | | clear and convincing evidence that the petitioner was | 13 | | factually innocent of the charge, the court that finds the | 14 | | petitioner factually innocent of the charge shall enter an | 15 | | expungement order for the conviction for which the | 16 | | petitioner has been determined to be innocent as provided | 17 | | in subsection (b) of Section 5-5-4 of the Unified Code of | 18 | | Corrections. | 19 | | (7) Nothing in this Section shall prevent the Illinois | 20 | | State Police from maintaining all records of any person | 21 | | who is admitted to probation upon terms and conditions and | 22 | | who fulfills those terms and conditions pursuant to | 23 | | Section 10 of the Cannabis Control Act, Section 410 of the | 24 | | Illinois Controlled Substances Act, Section 70 of the | 25 | | Methamphetamine Control and Community Protection Act, | 26 | | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
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| 1 | | Corrections, Section 12-4.3 or subdivision (b)(1) of | 2 | | Section 12-3.05 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012, Section 10-102 of the Illinois | 4 | | Alcoholism and Other Drug Dependency Act, Section 40-10 of | 5 | | the Substance Use Disorder Act, or Section 10 of the | 6 | | Steroid Control Act. | 7 | | (8) If the petitioner has been granted a certificate | 8 | | of innocence under Section 2-702 of the Code of Civil | 9 | | Procedure, the court that grants the certificate of | 10 | | innocence shall also enter an order expunging the | 11 | | conviction for which the petitioner has been determined to | 12 | | be innocent as provided in subsection (h) of Section 2-702 | 13 | | of the Code of Civil Procedure. | 14 | | (c) Sealing. | 15 | | (1) Applicability. Notwithstanding any other provision | 16 | | of this Act to the contrary, and cumulative with any | 17 | | rights to expungement of criminal records, this subsection | 18 | | authorizes the sealing of criminal records of adults and | 19 | | of minors prosecuted as adults. Subsection (g) of this | 20 | | Section provides for immediate sealing of certain records. | 21 | | (2) Eligible Records. The following records may be | 22 | | sealed: | 23 | | (A) All arrests resulting in release without | 24 | | charging; | 25 | | (B) Arrests or charges not initiated by arrest | 26 | | resulting in acquittal, dismissal, or conviction when |
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| 1 | | the conviction was reversed or vacated, except as | 2 | | excluded by subsection (a)(3)(B); | 3 | | (C) Arrests or charges not initiated by arrest | 4 | | resulting in orders of supervision, including orders | 5 | | of supervision for municipal ordinance violations, | 6 | | successfully completed by the petitioner, unless | 7 | | excluded by subsection (a)(3); | 8 | | (D) Arrests or charges not initiated by arrest | 9 | | resulting in convictions, including convictions on | 10 | | municipal ordinance violations, unless excluded by | 11 | | subsection (a)(3); | 12 | | (E) Arrests or charges not initiated by arrest | 13 | | resulting in orders of first offender probation under | 14 | | Section 10 of the Cannabis Control Act, Section 410 of | 15 | | the Illinois Controlled Substances Act, Section 70 of | 16 | | the Methamphetamine Control and Community Protection | 17 | | Act, or Section 5-6-3.3 of the Unified Code of | 18 | | Corrections; and | 19 | | (F) Arrests or charges not initiated by arrest | 20 | | resulting in felony convictions unless otherwise | 21 | | excluded by subsection (a) paragraph (3) of this | 22 | | Section. | 23 | | (3) When Records Are Eligible to Be Sealed. Records | 24 | | identified as eligible under subsection (c)(2) may be | 25 | | sealed as follows: | 26 | | (A) Records identified as eligible under |
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| 1 | | subsections (c)(2)(A) and (c)(2)(B) may be sealed at | 2 | | any time. | 3 | | (B) Except as otherwise provided in subparagraph | 4 | | (E) of this paragraph (3), records identified as | 5 | | eligible under subsection (c)(2)(C) may be sealed 2 | 6 | | years after the termination of petitioner's last | 7 | | sentence (as defined in subsection (a)(1)(F)). | 8 | | (C) Except as otherwise provided in subparagraph | 9 | | (E) of this paragraph (3), records identified as | 10 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 11 | | (c)(2)(F) may be sealed 3 years after the termination | 12 | | of the petitioner's last sentence (as defined in | 13 | | subsection (a)(1)(F)). Convictions requiring public | 14 | | registration under the Arsonist Registration Act, the | 15 | | Sex Offender Registration Act, or the Murderer and | 16 | | Violent Offender Against Youth Registration Act may | 17 | | not be sealed until the petitioner is no longer | 18 | | required to register under that relevant Act. | 19 | | (D) Records identified in subsection | 20 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 21 | | reached the age of 25 years. | 22 | | (E) Records identified as eligible under | 23 | | subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 24 | | (c)(2)(F) may be sealed upon termination of the | 25 | | petitioner's last sentence if the petitioner earned a | 26 | | high school diploma, associate's degree, career |
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| 1 | | certificate, vocational technical certification, or | 2 | | bachelor's degree, or passed the high school level | 3 | | Test of General Educational Development, during the | 4 | | period of his or her sentence or mandatory supervised | 5 | | release. This subparagraph shall apply only to a | 6 | | petitioner who has not completed the same educational | 7 | | goal prior to the period of his or her sentence or | 8 | | mandatory supervised release. If a petition for | 9 | | sealing eligible records filed under this subparagraph | 10 | | is denied by the court, the time periods under | 11 | | subparagraph (B) or (C) shall apply to any subsequent | 12 | | petition for sealing filed by the petitioner. | 13 | | (4) Subsequent felony convictions. A person may not | 14 | | have subsequent felony conviction records sealed as | 15 | | provided in this subsection (c) if he or she is convicted | 16 | | of any felony offense after the date of the sealing of | 17 | | prior felony convictions as provided in this subsection | 18 | | (c). The court may, upon conviction for a subsequent | 19 | | felony offense, order the unsealing of prior felony | 20 | | conviction records previously ordered sealed by the court. | 21 | | (5) Notice of eligibility for sealing. Upon entry of a | 22 | | disposition for an eligible record under this subsection | 23 | | (c), the petitioner shall be informed by the court of the | 24 | | right to have the records sealed and the procedures for | 25 | | the sealing of the records. | 26 | | (d) Procedure. The following procedures apply to |
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| 1 | | expungement under subsections (b), (e), and (e-6) and sealing | 2 | | under subsections (c) and (e-5): | 3 | | (1) Filing the petition. Upon becoming eligible to | 4 | | petition for the expungement or sealing of records under | 5 | | this Section, the petitioner shall file a petition | 6 | | requesting the expungement or sealing of records with the | 7 | | clerk of the court where the arrests occurred or the | 8 | | charges were brought, or both. If arrests occurred or | 9 | | charges were brought in multiple jurisdictions, a petition | 10 | | must be filed in each such jurisdiction. The petitioner | 11 | | shall pay the applicable fee, except no fee shall be | 12 | | required if the petitioner has obtained a court order | 13 | | waiving fees under Supreme Court Rule 298 or it is | 14 | | otherwise waived. | 15 | | (1.5) County fee waiver pilot program. From August 9, | 16 | | 2019 (the effective date of Public Act 101-306) through | 17 | | December 31, 2020, in a county of 3,000,000 or more | 18 | | inhabitants, no fee shall be required to be paid by a | 19 | | petitioner if the records sought to be expunged or sealed | 20 | | were arrests resulting in release without charging or | 21 | | arrests or charges not initiated by arrest resulting in | 22 | | acquittal, dismissal, or conviction when the conviction | 23 | | was reversed or vacated, unless excluded by subsection | 24 | | (a)(3)(B). The provisions of this paragraph (1.5), other | 25 | | than this sentence, are inoperative on and after January | 26 | | 1, 2022. |
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| 1 | | (2) Contents of petition. The petition shall be | 2 | | verified and shall contain the petitioner's name, date of | 3 | | birth, current address and, for each arrest or charge not | 4 | | initiated by arrest sought to be sealed or expunged, the | 5 | | case number, the date of arrest (if any), the identity of | 6 | | the arresting authority, and such other information as the | 7 | | court may require. During the pendency of the proceeding, | 8 | | the petitioner shall promptly notify the circuit court | 9 | | clerk of any change of his or her address. If the | 10 | | petitioner has received a certificate of eligibility for | 11 | | sealing from the Prisoner Review Board under paragraph | 12 | | (10) of subsection (a) of Section 3-3-2 of the Unified | 13 | | Code of Corrections, the certificate shall be attached to | 14 | | the petition. | 15 | | (3) Drug test. The petitioner must attach to the | 16 | | petition proof that the petitioner has taken within 30 | 17 | | days before the filing of the petition a test showing the | 18 | | absence within his or her body of all illegal substances | 19 | | as defined by the Illinois Controlled Substances Act and | 20 | | the Methamphetamine Control and Community Protection Act | 21 | | if he or she is petitioning to: | 22 | | (A) seal felony records under clause (c)(2)(E); | 23 | | (B) seal felony records for a violation of the | 24 | | Illinois Controlled Substances Act, the | 25 | | Methamphetamine Control and Community Protection Act, | 26 | | or the Cannabis Control Act under clause (c)(2)(F); |
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| 1 | | (C) seal felony records under subsection (e-5); or | 2 | | (D) expunge felony records of a qualified | 3 | | probation under clause (b)(1)(iv). | 4 | | (4) Service of petition. The circuit court clerk shall | 5 | | promptly serve a copy of the petition and documentation to | 6 | | support the petition under subsection (e-5) or (e-6) on | 7 | | the State's Attorney or prosecutor charged with the duty | 8 | | of prosecuting the offense, the Illinois State Police, the | 9 | | arresting agency and the chief legal officer of the unit | 10 | | of local government effecting the arrest. | 11 | | (5) Objections. | 12 | | (A) Any party entitled to notice of the petition | 13 | | may file an objection to the petition. All objections | 14 | | shall be in writing, shall be filed with the circuit | 15 | | court clerk, and shall state with specificity the | 16 | | basis of the objection. Whenever a person who has been | 17 | | convicted of an offense is granted a pardon by the | 18 | | Governor which specifically authorizes expungement, an | 19 | | objection to the petition may not be filed. | 20 | | (B) Objections to a petition to expunge or seal | 21 | | must be filed within 60 days of the date of service of | 22 | | the petition. | 23 | | (6) Entry of order. | 24 | | (A) The Chief Judge of the circuit wherein the | 25 | | charge was brought, any judge of that circuit | 26 | | designated by the Chief Judge, or in counties of less |
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| 1 | | than 3,000,000 inhabitants, the presiding trial judge | 2 | | at the petitioner's trial, if any, shall rule on the | 3 | | petition to expunge or seal as set forth in this | 4 | | subsection (d)(6). | 5 | | (B) Unless the State's Attorney or prosecutor, the | 6 | | Illinois State Police, the arresting agency, or the | 7 | | chief legal officer files an objection to the petition | 8 | | to expunge or seal within 60 days from the date of | 9 | | service of the petition, the court shall enter an | 10 | | order granting or denying the petition. | 11 | | (C) Notwithstanding any other provision of law, | 12 | | the court shall not deny a petition for sealing under | 13 | | this Section because the petitioner has not satisfied | 14 | | an outstanding legal financial obligation established, | 15 | | imposed, or originated by a court, law enforcement | 16 | | agency, or a municipal, State, county, or other unit | 17 | | of local government, including, but not limited to, | 18 | | any cost, assessment, fine, or fee. An outstanding | 19 | | legal financial obligation does not include any court | 20 | | ordered restitution to a victim under Section 5-5-6 of | 21 | | the Unified Code of Corrections, unless the | 22 | | restitution has been converted to a civil judgment. | 23 | | Nothing in this subparagraph (C) waives, rescinds, or | 24 | | abrogates a legal financial obligation or otherwise | 25 | | eliminates or affects the right of the holder of any | 26 | | financial obligation to pursue collection under |
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| 1 | | applicable federal, State, or local law. | 2 | | (D) Notwithstanding any other provision of law, | 3 | | the court shall not deny a petition to expunge or seal | 4 | | under this Section because the petitioner has | 5 | | submitted a drug test taken within 30 days before the | 6 | | filing of the petition to expunge or seal that | 7 | | indicates a positive test for the presence of cannabis | 8 | | within the petitioner's body. In this subparagraph | 9 | | (D), "cannabis" has the meaning ascribed to it in | 10 | | Section 3 of the Cannabis Control Act. | 11 | | (7) Hearings. If an objection is filed, the court | 12 | | shall set a date for a hearing and notify the petitioner | 13 | | and all parties entitled to notice of the petition of the | 14 | | hearing date at least 30 days prior to the hearing. Prior | 15 | | to the hearing, the State's Attorney shall consult with | 16 | | the Illinois State Police as to the appropriateness of the | 17 | | relief sought in the petition to expunge or seal. At the | 18 | | hearing, the court shall hear evidence on whether the | 19 | | petition should or should not be granted, and shall grant | 20 | | or deny the petition to expunge or seal the records based | 21 | | on the evidence presented at the hearing. The court may | 22 | | consider the following: | 23 | | (A) the strength of the evidence supporting the | 24 | | defendant's conviction; | 25 | | (B) the reasons for retention of the conviction | 26 | | records by the State; |
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| 1 | | (C) the petitioner's age, criminal record history, | 2 | | and employment history; | 3 | | (D) the period of time between the petitioner's | 4 | | arrest on the charge resulting in the conviction and | 5 | | the filing of the petition under this Section; and | 6 | | (E) the specific adverse consequences the | 7 | | petitioner may be subject to if the petition is | 8 | | denied. | 9 | | (8) Service of order. After entering an order to | 10 | | expunge or seal records, the court must provide copies of | 11 | | the order to the Illinois State Police, in a form and | 12 | | manner prescribed by the Illinois State Police, to the | 13 | | petitioner, to the State's Attorney or prosecutor charged | 14 | | with the duty of prosecuting the offense, to the arresting | 15 | | agency, to the chief legal officer of the unit of local | 16 | | government effecting the arrest, and to such other | 17 | | criminal justice agencies as may be ordered by the court. | 18 | | (9) Implementation of order. | 19 | | (A) Upon entry of an order to expunge records | 20 | | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | 21 | | both: | 22 | | (i) the records shall be expunged (as defined | 23 | | in subsection (a)(1)(E)(ii) (a)(1)(E) ) by the | 24 | | arresting agency, the Illinois State Police, and | 25 | | any other agency as ordered by the court, within | 26 | | 60 days of the date of service of the order, unless |
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| 1 | | a motion to vacate, modify, or reconsider the | 2 | | order is filed pursuant to paragraph (12) of | 3 | | subsection (d) of this Section; | 4 | | (ii) the records of the circuit court clerk | 5 | | shall be expunged (as defined in subsection | 6 | | (a)(1)(E)(i)), impounded until further order of | 7 | | the court upon good cause shown and the name of the | 8 | | petitioner obliterated on the official index | 9 | | required to be kept by the circuit court clerk | 10 | | under Section 16 of the Clerks of Courts Act, but | 11 | | the order shall not affect any index issued by the | 12 | | circuit court clerk before the entry of the order ; | 13 | | and | 14 | | (iii) in response to an inquiry for expunged | 15 | | records, the circuit court clerk court , the | 16 | | Illinois State Police, or the agency receiving | 17 | | such inquiry, shall reply as it does in response | 18 | | to inquiries when no records ever existed. | 19 | | (B) Upon entry of an order to expunge records | 20 | | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | 21 | | both: | 22 | | (i) the records shall be expunged (as defined | 23 | | in subsection (a)(1)(E)(ii) (a)(1)(E )) by the | 24 | | arresting agency and any other agency as ordered | 25 | | by the court, within 60 days of the date of service | 26 | | of the order, unless a motion to vacate, modify, |
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| 1 | | or reconsider the order is filed pursuant to | 2 | | paragraph (12) of subsection (d) of this Section; | 3 | | (ii) the records of the circuit court clerk | 4 | | shall be expunged (as defined in subsection | 5 | | (a)(1)(E)(i)), impounded until further order of | 6 | | the court upon good cause shown and the name of the | 7 | | petitioner obliterated on the official index | 8 | | required to be kept by the circuit court clerk | 9 | | under Section 16 of the Clerks of Courts Act, but | 10 | | the order shall not affect any index issued by the | 11 | | circuit court clerk before the entry of the order ; | 12 | | (iii) the records shall be impounded by the | 13 | | Illinois State Police within 60 days of the date | 14 | | of service of the order as ordered by the court, | 15 | | unless a motion to vacate, modify, or reconsider | 16 | | the order is filed pursuant to paragraph (12) of | 17 | | subsection (d) of this Section; | 18 | | (iv) records impounded by the Illinois State | 19 | | Police may be disseminated by the Illinois State | 20 | | Police only as required by law or to the arresting | 21 | | authority, the State's Attorney, and the circuit | 22 | | court clerk court upon a later arrest for the same | 23 | | or a similar offense or for the purpose of | 24 | | sentencing for any subsequent felony, and to the | 25 | | Department of Corrections upon conviction for any | 26 | | offense; and |
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| 1 | | (v) in response to an inquiry for such records | 2 | | from anyone not authorized by law to access such | 3 | | records, the circuit court clerk court , the | 4 | | Illinois State Police, or the agency receiving | 5 | | such inquiry shall reply as it does in response to | 6 | | inquiries when no records ever existed. | 7 | | (B-5) Upon entry of an order to expunge records | 8 | | under subsection (e-6): | 9 | | (i) the records shall be expunged (as defined | 10 | | in subsection (a)(1)(E)(ii) (a)(1)(E) ) by the | 11 | | arresting agency and any other agency as ordered | 12 | | by the court, within 60 days of the date of service | 13 | | of the order, unless a motion to vacate, modify, | 14 | | or reconsider the order is filed under paragraph | 15 | | (12) of subsection (d) of this Section; | 16 | | (ii) the records of the circuit court clerk | 17 | | shall be expunged (as defined in subsection | 18 | | (a)(1)(E)(i)), impounded until further order of | 19 | | the court upon good cause shown and the name of the | 20 | | petitioner obliterated on the official index | 21 | | required to be kept by the circuit court clerk | 22 | | under Section 16 of the Clerks of Courts Act, but | 23 | | the order shall not affect any index issued by the | 24 | | circuit court clerk before the entry of the order ; | 25 | | (iii) the records shall be impounded by the | 26 | | Illinois State Police within 60 days of the date |
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| 1 | | of service of the order as ordered by the court, | 2 | | unless a motion to vacate, modify, or reconsider | 3 | | the order is filed under paragraph (12) of | 4 | | subsection (d) of this Section; | 5 | | (iv) records impounded by the Illinois State | 6 | | Police may be disseminated by the Illinois State | 7 | | Police only as required by law or to the arresting | 8 | | authority, the State's Attorney, and the court | 9 | | upon a later arrest for the same or a similar | 10 | | offense or for the purpose of sentencing for any | 11 | | subsequent felony, and to the Department of | 12 | | Corrections upon conviction for any offense; and | 13 | | (v) in response to an inquiry for these | 14 | | records from anyone not authorized by law to | 15 | | access the records, the circuit court clerk court , | 16 | | the Illinois State Police, or the agency receiving | 17 | | the inquiry shall reply as it does in response to | 18 | | inquiries when no records ever existed. | 19 | | (C) Upon entry of an order to seal records under | 20 | | subsection (c), the arresting agency, any other agency | 21 | | as ordered by the court, the Illinois State Police, | 22 | | and the circuit court clerk court shall seal the | 23 | | records (as defined in subsection (a)(1)(K)). In | 24 | | response to an inquiry for such records, from anyone | 25 | | not authorized by law to access such records, the | 26 | | circuit court clerk court , the Illinois State Police, |
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| 1 | | or the agency receiving such inquiry shall reply as it | 2 | | does in response to inquiries when no records ever | 3 | | existed. | 4 | | (D) The Illinois State Police shall send written | 5 | | notice to the petitioner of its compliance with each | 6 | | order to expunge or seal records within 60 days of the | 7 | | date of service of that order or, if a motion to | 8 | | vacate, modify, or reconsider is filed, within 60 days | 9 | | of service of the order resolving the motion, if that | 10 | | order requires the Illinois State Police to expunge or | 11 | | seal records. In the event of an appeal from the | 12 | | circuit court order, the Illinois State Police shall | 13 | | send written notice to the petitioner of its | 14 | | compliance with an Appellate Court or Supreme Court | 15 | | judgment to expunge or seal records within 60 days of | 16 | | the issuance of the court's mandate. The notice is not | 17 | | required while any motion to vacate, modify, or | 18 | | reconsider, or any appeal or petition for | 19 | | discretionary appellate review, is pending. | 20 | | (E) Upon motion, the court may order that a sealed | 21 | | judgment or other court record necessary to | 22 | | demonstrate the amount of any legal financial | 23 | | obligation due and owing be made available for the | 24 | | limited purpose of collecting any legal financial | 25 | | obligations owed by the petitioner that were | 26 | | established, imposed, or originated in the criminal |
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| 1 | | proceeding for which those records have been sealed. | 2 | | The records made available under this subparagraph (E) | 3 | | shall not be entered into the official index required | 4 | | to be kept by the circuit court clerk under Section 16 | 5 | | of the Clerks of Courts Act and shall be immediately | 6 | | resealed re-impounded upon the collection of the | 7 | | outstanding financial obligations. | 8 | | (F) Notwithstanding any other provision of this | 9 | | Section, a circuit court clerk may access a sealed | 10 | | record for the limited purpose of collecting payment | 11 | | for any legal financial obligations that were | 12 | | established, imposed, or originated in the criminal | 13 | | proceedings for which those records have been sealed. | 14 | | (10) Fees. The Illinois State Police may charge the | 15 | | petitioner a fee equivalent to the cost of processing any | 16 | | order to expunge or seal records. Notwithstanding any | 17 | | provision of the Clerks of Courts Act to the contrary, the | 18 | | circuit court clerk may charge a fee equivalent to the | 19 | | cost associated with the sealing or expungement of records | 20 | | by the circuit court clerk. From the total filing fee | 21 | | collected for the petition to seal or expunge, the circuit | 22 | | court clerk shall deposit $10 into the Circuit Court Clerk | 23 | | Operation and Administrative Fund, to be used to offset | 24 | | the costs incurred by the circuit court clerk in | 25 | | performing the additional duties required to serve the | 26 | | petition to seal or expunge on all parties. The circuit |
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| 1 | | court clerk shall collect and remit the Illinois State | 2 | | Police portion of the fee to the State Treasurer and it | 3 | | shall be deposited in the State Police Services Fund. If | 4 | | the record brought under an expungement petition was | 5 | | previously sealed under this Section, the fee for the | 6 | | expungement petition for that same record shall be waived. | 7 | | (11) Final Order. No court order issued under the | 8 | | expungement or sealing provisions of this Section shall | 9 | | become final for purposes of appeal until 30 days after | 10 | | service of the order on the petitioner and all parties | 11 | | entitled to notice of the petition. | 12 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 13 | | Section 2-1203 of the Code of Civil Procedure, the | 14 | | petitioner or any party entitled to notice may file a | 15 | | motion to vacate, modify, or reconsider the order granting | 16 | | or denying the petition to expunge or seal within 60 days | 17 | | of service of the order. If filed more than 60 days after | 18 | | service of the order, a petition to vacate, modify, or | 19 | | reconsider shall comply with subsection (c) of Section | 20 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 21 | | motion to vacate, modify, or reconsider, notice of the | 22 | | motion shall be served upon the petitioner and all parties | 23 | | entitled to notice of the petition. | 24 | | (13) Effect of Order. An order granting a petition | 25 | | under the expungement or sealing provisions of this | 26 | | Section shall not be considered void because it fails to |
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| 1 | | comply with the provisions of this Section or because of | 2 | | any error asserted in a motion to vacate, modify, or | 3 | | reconsider. The circuit court retains jurisdiction to | 4 | | determine whether the order is voidable and to vacate, | 5 | | modify, or reconsider its terms based on a motion filed | 6 | | under paragraph (12) of this subsection (d). | 7 | | (14) Compliance with Order Granting Petition to Seal | 8 | | Records. Unless a court has entered a stay of an order | 9 | | granting a petition to seal, all parties entitled to | 10 | | notice of the petition must fully comply with the terms of | 11 | | the order within 60 days of service of the order even if a | 12 | | party is seeking relief from the order through a motion | 13 | | filed under paragraph (12) of this subsection (d) or is | 14 | | appealing the order. | 15 | | (15) Compliance with Order Granting Petition to | 16 | | Expunge Records. While a party is seeking relief from the | 17 | | order granting the petition to expunge through a motion | 18 | | filed under paragraph (12) of this subsection (d) or is | 19 | | appealing the order, and unless a court has entered a stay | 20 | | of that order, the parties entitled to notice of the | 21 | | petition must seal, but need not expunge, the records | 22 | | until there is a final order on the motion for relief or, | 23 | | in the case of an appeal, the issuance of that court's | 24 | | mandate. | 25 | | (16) The changes to this subsection (d) made by Public | 26 | | Act 98-163 apply to all petitions pending on August 5, |
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| 1 | | 2013 (the effective date of Public Act 98-163) and to all | 2 | | orders ruling on a petition to expunge or seal on or after | 3 | | August 5, 2013 (the effective date of Public Act 98-163). | 4 | | (e) Whenever a person who has been convicted of an offense | 5 | | is granted a pardon by the Governor which specifically | 6 | | authorizes expungement, he or she may, upon verified petition | 7 | | to the Chief Judge of the circuit where the person had been | 8 | | convicted, any judge of the circuit designated by the Chief | 9 | | Judge, or in counties of less than 3,000,000 inhabitants, the | 10 | | presiding trial judge at the defendant's trial, have a court | 11 | | order entered expunging the record of arrest from the official | 12 | | records of the arresting authority and order that the records | 13 | | of the circuit court clerk and the Illinois State Police be | 14 | | sealed until further order of the court upon good cause shown | 15 | | or as otherwise provided herein, and the name of the defendant | 16 | | obliterated from the official index requested to be kept by | 17 | | the circuit court clerk under Section 16 of the Clerks of | 18 | | Courts Act in connection with the arrest and conviction for | 19 | | the offense for which he or she had been pardoned but the order | 20 | | shall not affect any index issued by the circuit court clerk | 21 | | before the entry of the order. All records sealed by the | 22 | | Illinois State Police may be disseminated by the Illinois | 23 | | State Police only to the arresting authority, the State's | 24 | | Attorney, and the court upon a later arrest for the same or | 25 | | similar offense or for the purpose of sentencing for any | 26 | | subsequent felony. Upon conviction for any subsequent offense, |
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| 1 | | the Department of Corrections shall have access to all sealed | 2 | | records of the Illinois State Police pertaining to that | 3 | | individual. Upon entry of the order of expungement, the | 4 | | circuit court clerk shall promptly mail a copy of the order to | 5 | | the person who was pardoned. | 6 | | (e-5) Whenever a person who has been convicted of an | 7 | | offense is granted a certificate of eligibility for sealing by | 8 | | the Prisoner Review Board which specifically authorizes | 9 | | sealing, he or she may, upon verified petition to the Chief | 10 | | Judge of the circuit where the person had been convicted, any | 11 | | judge of the circuit designated by the Chief Judge, or in | 12 | | counties of less than 3,000,000 inhabitants, the presiding | 13 | | trial judge at the petitioner's trial, have a court order | 14 | | entered sealing the record of arrest from the official records | 15 | | of the arresting authority and order that the records of the | 16 | | circuit court clerk and the Illinois State Police be sealed | 17 | | until further order of the court upon good cause shown or as | 18 | | otherwise provided herein, and the name of the petitioner | 19 | | obliterated from the official index requested to be kept by | 20 | | the circuit court clerk under Section 16 of the Clerks of | 21 | | Courts Act in connection with the arrest and conviction for | 22 | | the offense for which he or she had been granted the | 23 | | certificate but the order shall not affect any index issued by | 24 | | the circuit court clerk before the entry of the order. All | 25 | | records sealed by the Illinois State Police may be | 26 | | disseminated by the Illinois State Police only as required by |
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| 1 | | this Act or to the arresting authority, a law enforcement | 2 | | agency, the State's Attorney, and the court upon a later | 3 | | arrest for the same or similar offense or for the purpose of | 4 | | sentencing for any subsequent felony. Upon conviction for any | 5 | | subsequent offense, the Department of Corrections shall have | 6 | | access to all sealed records of the Illinois State Police | 7 | | pertaining to that individual. Upon entry of the order of | 8 | | sealing, the circuit court clerk shall promptly mail a copy of | 9 | | the order to the person who was granted the certificate of | 10 | | eligibility for sealing. | 11 | | (e-6) Whenever a person who has been convicted of an | 12 | | offense is granted a certificate of eligibility for | 13 | | expungement by the Prisoner Review Board which specifically | 14 | | authorizes expungement, he or she may, upon verified petition | 15 | | to the Chief Judge of the circuit where the person had been | 16 | | convicted, any judge of the circuit designated by the Chief | 17 | | Judge, or in counties of less than 3,000,000 inhabitants, the | 18 | | presiding trial judge at the petitioner's trial, have a court | 19 | | order entered expunging the record of arrest from the official | 20 | | records of the arresting authority and order that the records | 21 | | of the circuit court clerk and the Illinois State Police be | 22 | | sealed until further order of the court upon good cause shown | 23 | | or as otherwise provided herein, and the name of the | 24 | | petitioner obliterated from the official index requested to be | 25 | | kept by the circuit court clerk under Section 16 of the Clerks | 26 | | of Courts Act in connection with the arrest and conviction for |
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| 1 | | the offense for which he or she had been granted the | 2 | | certificate but the order shall not affect any index issued by | 3 | | the circuit court clerk before the entry of the order. All | 4 | | records sealed by the Illinois State Police may be | 5 | | disseminated by the Illinois State Police only as required by | 6 | | this Act or to the arresting authority, a law enforcement | 7 | | agency, the State's Attorney, and the court upon a later | 8 | | arrest for the same or similar offense or for the purpose of | 9 | | sentencing for any subsequent felony. Upon conviction for any | 10 | | subsequent offense, the Department of Corrections shall have | 11 | | access to all expunged records of the Illinois State Police | 12 | | pertaining to that individual. Upon entry of the order of | 13 | | expungement, the circuit court clerk shall promptly mail a | 14 | | copy of the order to the person who was granted the certificate | 15 | | of 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 | 21 | | the Illinois Department of Corrections, records of the | 22 | | Illinois Department of Employment Security shall be utilized | 23 | | as 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 | 5 | | rights 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 | 17 | | Sealed. Eligible records under paragraph (2) of this | 18 | | subsection (g) may be sealed immediately after entry of | 19 | | the final disposition of a case, notwithstanding the | 20 | | disposition of 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 | 9 | | date of Public Act 100-282). The immediate sealing | 10 | | petition may be filed with the circuit court clerk | 11 | | during the hearing in which the final disposition of | 12 | | the case is entered. If the defendant's attorney does | 13 | | not file the petition for immediate sealing during the | 14 | | hearing, the defendant may file a petition for sealing | 15 | | at any time 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 | 24 | | required to attach proof that he or she has passed a | 25 | | drug test. | 26 | | (D) Service of Petition. A copy of the petition |
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| 1 | | shall be served on the State's Attorney in open court. | 2 | | The petitioner shall not be required to serve a copy of | 3 | | the petition on any other agency. | 4 | | (E) Entry of Order. The presiding trial judge | 5 | | shall enter an order granting or denying the petition | 6 | | for immediate sealing during the hearing in which it | 7 | | is filed. Petitions for immediate sealing shall be | 8 | | ruled on in the same hearing in which the final | 9 | | disposition of the case is entered. | 10 | | (F) Hearings. The court shall hear the petition | 11 | | for immediate sealing on the same day and during the | 12 | | same hearing in which the disposition is rendered. | 13 | | (G) Service of Order. An order to immediately seal | 14 | | eligible records shall be served in conformance with | 15 | | subsection (d)(8). | 16 | | (H) Implementation of Order. An order to | 17 | | immediately seal records shall be implemented in | 18 | | conformance with subsections (d)(9)(C) and (d)(9)(D). | 19 | | (I) Fees. The fee imposed by the circuit court | 20 | | clerk and the Illinois State Police shall comply with | 21 | | paragraph (1) of subsection (d) of this Section. | 22 | | (J) Final Order. No court order issued under this | 23 | | subsection (g) shall become final for purposes of | 24 | | appeal until 30 days after service of the order on the | 25 | | petitioner and all parties entitled to service of the | 26 | | order in conformance with subsection (d)(8). |
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| 1 | | (K) Motion to Vacate, Modify, or Reconsider. Under | 2 | | Section 2-1203 of the Code of Civil Procedure, the | 3 | | petitioner, State's Attorney, or the Illinois State | 4 | | Police may file a motion to vacate, modify, or | 5 | | reconsider the order denying the petition to | 6 | | immediately seal within 60 days of service of the | 7 | | order. If filed more than 60 days after service of the | 8 | | order, a petition to vacate, modify, or reconsider | 9 | | shall comply with subsection (c) of Section 2-1401 of | 10 | | the Code of Civil Procedure. | 11 | | (L) Effect of Order. An order granting an | 12 | | immediate sealing petition shall not be considered | 13 | | void because it fails to comply with the provisions of | 14 | | this Section or because of an error asserted in a | 15 | | motion to vacate, modify, or reconsider. The circuit | 16 | | court retains jurisdiction to determine whether the | 17 | | order is voidable, and to vacate, modify, or | 18 | | reconsider its terms based on a motion filed under | 19 | | subparagraph (L) of this subsection (g). | 20 | | (M) Compliance with Order Granting Petition to | 21 | | Seal Records. Unless a court has entered a stay of an | 22 | | order granting a petition to immediately seal, all | 23 | | parties entitled to service of the order must fully | 24 | | comply with the terms of the order within 60 days of | 25 | | service of the order. | 26 | | (h) Sealing or vacation and expungement of trafficking |
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| 1 | | victims' crimes. | 2 | | (1) A trafficking victim, as defined by paragraph (10) | 3 | | of subsection (a) of Section 10-9 of the Criminal Code of | 4 | | 2012, may petition for vacation and expungement or | 5 | | immediate sealing of his or her criminal record upon the | 6 | | completion of his or her last sentence if his or her | 7 | | participation in the underlying offense was a result of | 8 | | human trafficking under Section 10-9 of the Criminal Code | 9 | | of 2012 or a severe form of trafficking under the federal | 10 | | Trafficking Victims Protection Act. | 11 | | (1.5) A petition under paragraph (1) shall be | 12 | | prepared, signed, and filed in accordance with Supreme | 13 | | Court Rule 9. The court may allow the petitioner to attend | 14 | | any required hearing remotely in accordance with local | 15 | | rules. The court may allow a petition to be filed under | 16 | | seal if the public filing of the petition would constitute | 17 | | a risk of harm to the petitioner. | 18 | | (2) A petitioner under this subsection (h), in | 19 | | addition to the requirements provided under paragraph (4) | 20 | | of subsection (d) of this Section, shall include in his or | 21 | | her petition a clear and concise statement that: (A) he or | 22 | | she was a victim of human trafficking at the time of the | 23 | | offense; and (B) that his or her participation in the | 24 | | offense was a result of human trafficking under Section | 25 | | 10-9 of the Criminal Code of 2012 or a severe form of | 26 | | trafficking under the federal Trafficking Victims |
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| 1 | | Protection Act. | 2 | | (3) If an objection is filed alleging that the | 3 | | petitioner is not entitled to vacation and expungement or | 4 | | immediate sealing under this subsection (h), the court | 5 | | shall conduct a hearing under paragraph (7) of subsection | 6 | | (d) of this Section and the court shall determine whether | 7 | | the petitioner is entitled to vacation and expungement or | 8 | | immediate sealing under this subsection (h). A petitioner | 9 | | is eligible for vacation and expungement or immediate | 10 | | relief under this subsection (h) if he or she shows, by a | 11 | | preponderance of the evidence, that: (A) he or she was a | 12 | | victim of human trafficking at the time of the offense; | 13 | | and (B) that his or her participation in the offense was a | 14 | | result of human trafficking under Section 10-9 of the | 15 | | Criminal Code of 2012 or a severe form of trafficking | 16 | | under the federal Trafficking Victims Protection Act. | 17 | | (i) Minor Cannabis Offenses under the Cannabis Control | 18 | | Act. | 19 | | (1) Expungement of Arrest Records of Minor Cannabis | 20 | | Offenses. | 21 | | (A) The Illinois State Police and all law | 22 | | enforcement agencies within the State shall | 23 | | automatically expunge all criminal history records of | 24 | | an arrest, charge not initiated by arrest, order of | 25 | | supervision, or order of qualified probation for a | 26 | | Minor Cannabis Offense committed prior to June 25, |
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| 1 | | 2019 (the effective date of Public Act 101-27) if: | 2 | | (i) One year or more has elapsed since the | 3 | | date of the arrest or law enforcement interaction | 4 | | documented in the records; and | 5 | | (ii) No criminal charges were filed relating | 6 | | to the arrest or law enforcement interaction or | 7 | | criminal charges were filed and subsequently | 8 | | dismissed or vacated or the arrestee was | 9 | | acquitted. | 10 | | (B) If the law enforcement agency is unable to | 11 | | verify satisfaction of condition (ii) in paragraph | 12 | | (A), records that satisfy condition (i) in paragraph | 13 | | (A) shall be automatically expunged. | 14 | | (C) Records shall be expunged by the law | 15 | | enforcement agency under the following timelines: | 16 | | (i) Records created prior to June 25, 2019 | 17 | | (the effective date of Public Act 101-27), but on | 18 | | or after January 1, 2013, shall be automatically | 19 | | expunged prior to January 1, 2021; | 20 | | (ii) Records created prior to January 1, 2013, | 21 | | but on or after January 1, 2000, shall be | 22 | | automatically expunged prior to January 1, 2023; | 23 | | (iii) Records created prior to January 1, 2000 | 24 | | shall be automatically expunged prior to January | 25 | | 1, 2025. | 26 | | In response to an inquiry for expunged records, |
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| 1 | | the law enforcement agency receiving such inquiry | 2 | | shall reply as it does in response to inquiries when no | 3 | | records ever existed; however, it shall provide a | 4 | | certificate of disposition or confirmation that the | 5 | | record was expunged to the individual whose record was | 6 | | expunged if such a record exists. | 7 | | (D) Nothing in this Section shall be construed to | 8 | | restrict or modify an individual's right to have that | 9 | | individual's records expunged except as otherwise may | 10 | | be provided in this Act, or diminish or abrogate any | 11 | | rights or remedies otherwise available to the | 12 | | individual. | 13 | | (2) Pardons Authorizing Expungement of Minor Cannabis | 14 | | Offenses. | 15 | | (A) Upon June 25, 2019 (the effective date of | 16 | | Public Act 101-27), the Department of State Police | 17 | | shall review all criminal history record information | 18 | | and identify all records that meet all of the | 19 | | following criteria: | 20 | | (i) one or more convictions for a Minor | 21 | | Cannabis Offense; | 22 | | (ii) the conviction identified in paragraph | 23 | | (2)(A)(i) did not include a penalty enhancement | 24 | | under Section 7 of the Cannabis Control Act; and | 25 | | (iii) the conviction identified in paragraph | 26 | | (2)(A)(i) is not associated with a conviction for |
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| 1 | | a violent crime as defined in subsection (c) of | 2 | | Section 3 of the Rights of Crime Victims and | 3 | | Witnesses Act. | 4 | | (B) Within 180 days after June 25, 2019 (the | 5 | | effective date of Public Act 101-27), the Department | 6 | | of State Police shall notify the Prisoner Review Board | 7 | | of all such records that meet the criteria established | 8 | | in paragraph (2)(A). | 9 | | (i) The Prisoner Review Board shall notify the | 10 | | State's Attorney of the county of conviction of | 11 | | each record identified by State Police in | 12 | | paragraph (2)(A) that is classified as a Class 4 | 13 | | felony. The State's Attorney may provide a written | 14 | | objection to the Prisoner Review Board on the sole | 15 | | basis that the record identified does not meet the | 16 | | criteria established in paragraph (2)(A). Such an | 17 | | objection must be filed within 60 days or by such | 18 | | later date set by the Prisoner Review Board in the | 19 | | notice after the State's Attorney received notice | 20 | | from the Prisoner Review Board. | 21 | | (ii) In response to a written objection from a | 22 | | State's Attorney, the Prisoner Review Board is | 23 | | authorized to conduct a non-public hearing to | 24 | | evaluate the information provided in the | 25 | | objection. | 26 | | (iii) The Prisoner Review Board shall make a |
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| 1 | | confidential and privileged recommendation to the | 2 | | Governor as to whether to grant a pardon | 3 | | authorizing expungement for each of the records | 4 | | identified by the Department of State Police as | 5 | | described in paragraph (2)(A). | 6 | | (C) If an individual has been granted a pardon | 7 | | authorizing expungement as described in this Section, | 8 | | the Prisoner Review Board, through the Attorney | 9 | | General, shall file a petition for expungement with | 10 | | the Chief Judge of the circuit or any judge of the | 11 | | circuit designated by the Chief Judge where the | 12 | | individual had been convicted. Such petition may | 13 | | include more than one individual. Whenever an | 14 | | individual who has been convicted of an offense is | 15 | | granted a pardon by the Governor that specifically | 16 | | authorizes expungement, an objection to the petition | 17 | | may not be filed. Petitions to expunge under this | 18 | | subsection (i) may include more than one individual. | 19 | | Within 90 days of the filing of such a petition, the | 20 | | court shall enter an order expunging the records of | 21 | | arrest from the official records of the arresting | 22 | | authority and order that the records of the circuit | 23 | | court clerk and the Illinois State Police be expunged | 24 | | and the name of the defendant obliterated from the | 25 | | official index requested to be kept by the circuit | 26 | | court clerk under Section 16 of the Clerks of Courts |
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| 1 | | Act in connection with the arrest and conviction for | 2 | | the offense for which the individual had received a | 3 | | pardon but the order shall not affect any index issued | 4 | | by the circuit court clerk before the entry of the | 5 | | order. Upon entry of the order of expungement, the | 6 | | circuit court clerk shall promptly provide a copy of | 7 | | the order and a certificate of disposition to the | 8 | | individual who was pardoned to the individual's last | 9 | | known address or by electronic means (if available) or | 10 | | otherwise make it available to the individual upon | 11 | | request. | 12 | | (D) Nothing in this Section is intended to | 13 | | diminish or abrogate any rights or remedies otherwise | 14 | | available to the individual. | 15 | | (3) Any individual may file a motion to vacate and | 16 | | expunge a conviction for a misdemeanor or Class 4 felony | 17 | | violation of Section 4 or Section 5 of the Cannabis | 18 | | Control Act. Motions to vacate and expunge under this | 19 | | subsection (i) may be filed with the circuit court, Chief | 20 | | Judge of a judicial circuit or any judge of the circuit | 21 | | designated by the Chief Judge. The circuit court clerk | 22 | | shall promptly serve a copy of the motion to vacate and | 23 | | expunge, and any supporting documentation, on the State's | 24 | | Attorney or prosecutor charged with the duty of | 25 | | prosecuting the offense. When considering such a motion to | 26 | | vacate and expunge, a court shall consider the following: |
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| 1 | | the reasons to retain the records provided by law | 2 | | enforcement, the petitioner's age, the petitioner's age at | 3 | | the time of offense, the time since the conviction, and | 4 | | the specific adverse consequences if denied. An individual | 5 | | may file such a petition after the completion of any | 6 | | non-financial sentence or non-financial condition imposed | 7 | | by the conviction. Within 60 days of the filing of such | 8 | | motion, a State's Attorney may file an objection to such a | 9 | | petition along with supporting evidence. If a motion to | 10 | | vacate and expunge is granted, the records shall be | 11 | | expunged in accordance with subparagraphs (d)(8) and | 12 | | (d)(9)(A) of this Section. An agency providing civil legal | 13 | | aid, as defined by Section 15 of the Public Interest | 14 | | Attorney Assistance Act, assisting individuals seeking to | 15 | | file a motion to vacate and expunge under this subsection | 16 | | may file motions to vacate and expunge with the Chief | 17 | | Judge of a judicial circuit or any judge of the circuit | 18 | | designated by the Chief Judge, and the motion may include | 19 | | more than one individual. Motions filed by an agency | 20 | | providing civil legal aid concerning more than one | 21 | | individual may be prepared, presented, and signed | 22 | | electronically. | 23 | | (4) Any State's Attorney may file a motion to vacate | 24 | | and expunge a conviction for a misdemeanor or Class 4 | 25 | | felony violation of Section 4 or Section 5 of the Cannabis | 26 | | Control Act. Motions to vacate and expunge under this |
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| 1 | | subsection (i) may be filed with the circuit court, Chief | 2 | | Judge of a judicial circuit or any judge of the circuit | 3 | | designated by the Chief Judge, and may include more than | 4 | | one individual. Motions filed by a State's Attorney | 5 | | concerning more than one individual may be prepared, | 6 | | presented, and signed electronically. When considering | 7 | | such a motion to vacate and expunge, a court shall | 8 | | consider the following: the reasons to retain the records | 9 | | provided by law enforcement, the individual's age, the | 10 | | individual's age at the time of offense, the time since | 11 | | the conviction, and the specific adverse consequences if | 12 | | denied. Upon entry of an order granting a motion to vacate | 13 | | and expunge records pursuant to this Section, the State's | 14 | | Attorney shall notify the Prisoner Review Board within 30 | 15 | | days. Upon entry of the order of expungement, the circuit | 16 | | court clerk shall promptly provide a copy of the order and | 17 | | a certificate of disposition to the individual whose | 18 | | records will be expunged to the individual's last known | 19 | | address or by electronic means (if available) or otherwise | 20 | | make available to the individual upon request. If a motion | 21 | | to vacate and expunge is granted, the records shall be | 22 | | expunged in accordance with subparagraphs (d)(8) and | 23 | | (d)(9)(A) of this Section. | 24 | | (5) In the public interest, the State's Attorney of a | 25 | | county has standing to file motions to vacate and expunge | 26 | | pursuant to this Section in the circuit court with |
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| 1 | | jurisdiction over the underlying conviction. | 2 | | (6) If a person is arrested for a Minor Cannabis | 3 | | Offense as defined in this Section before June 25, 2019 | 4 | | (the effective date of Public Act 101-27) and the person's | 5 | | case is still pending but a sentence has not been imposed, | 6 | | the person may petition the court in which the charges are | 7 | | pending for an order to summarily dismiss those charges | 8 | | against him or her, and expunge all official records of | 9 | | his or her arrest, plea, trial, conviction, incarceration, | 10 | | supervision, or expungement. If the court determines, upon | 11 | | review, that: (A) the person was arrested before June 25, | 12 | | 2019 (the effective date of Public Act 101-27) for an | 13 | | offense that has been made eligible for expungement; (B) | 14 | | the case is pending at the time; and (C) the person has not | 15 | | been sentenced of the minor cannabis violation eligible | 16 | | for expungement under this subsection, the court shall | 17 | | consider the following: the reasons to retain the records | 18 | | provided by law enforcement, the petitioner's age, the | 19 | | petitioner's age at the time of offense, the time since | 20 | | the conviction, and the specific adverse consequences if | 21 | | denied. If a motion to dismiss and expunge is granted, the | 22 | | records shall be expunged in accordance with subparagraph | 23 | | (d)(9)(A) of this Section. | 24 | | (7) A person imprisoned solely as a result of one or | 25 | | more convictions for Minor Cannabis Offenses under this | 26 | | subsection (i) shall be released from incarceration upon |
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| 1 | | the issuance of an order under this subsection. | 2 | | (8) The Illinois State Police shall allow a person to | 3 | | use the access and review process, established in the | 4 | | Illinois State Police, for verifying that his or her | 5 | | records relating to Minor Cannabis Offenses of the | 6 | | Cannabis Control Act eligible under this Section have been | 7 | | expunged. | 8 | | (9) No conviction vacated pursuant to this Section | 9 | | shall serve as the basis for damages for time unjustly | 10 | | served as provided in the Court of Claims Act. | 11 | | (10) Effect of Expungement. A person's right to | 12 | | expunge an expungeable offense shall not be limited under | 13 | | this Section. The effect of an order of expungement shall | 14 | | be to restore the person to the status he or she occupied | 15 | | before the arrest, charge, or conviction. | 16 | | (11) Information. The Illinois State Police shall post | 17 | | general information on its website about the expungement | 18 | | process described in this subsection (i). | 19 | | (j) Felony Prostitution Convictions. | 20 | | (1) Any individual may file a motion to vacate and | 21 | | expunge a conviction for a prior Class 4 felony violation | 22 | | of prostitution. Motions to vacate and expunge under this | 23 | | subsection (j) may be filed with the circuit court, Chief | 24 | | Judge of a judicial circuit, or any judge of the circuit | 25 | | designated by the Chief Judge. When considering the motion | 26 | | to vacate and expunge, a court shall consider the |
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| 1 | | following: | 2 | | (A) the reasons to retain the records provided by | 3 | | law enforcement; | 4 | | (B) the petitioner's age; | 5 | | (C) the petitioner's age at the time of offense; | 6 | | and | 7 | | (D) the time since the conviction, and the | 8 | | specific adverse consequences if denied. An individual | 9 | | may file the petition after the completion of any | 10 | | sentence or condition imposed by the conviction. | 11 | | Within 60 days of the filing of the motion, a State's | 12 | | Attorney may file an objection to the petition along | 13 | | with supporting evidence. If a motion to vacate and | 14 | | expunge is granted, the records shall be expunged in | 15 | | accordance with subparagraph (d)(9)(A) of this | 16 | | Section. An agency providing civil legal aid, as | 17 | | defined in Section 15 of the Public Interest Attorney | 18 | | Assistance Act, assisting individuals seeking to file | 19 | | a motion to vacate and expunge under this subsection | 20 | | may file motions to vacate and expunge with the Chief | 21 | | Judge of a judicial circuit or any judge of the circuit | 22 | | designated by the Chief Judge, and the motion may | 23 | | include more than one individual. | 24 | | (2) Any State's Attorney may file a motion to vacate | 25 | | and expunge a conviction for a Class 4 felony violation of | 26 | | prostitution. Motions to vacate and expunge under this |
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| 1 | | subsection (j) may be filed with the circuit court, Chief | 2 | | Judge of a judicial circuit, or any judge of the circuit | 3 | | court designated by the Chief Judge, and may include more | 4 | | than one individual. When considering the motion to vacate | 5 | | and expunge, a court shall consider the following reasons: | 6 | | (A) the reasons to retain the records provided by | 7 | | law enforcement; | 8 | | (B) the petitioner's age; | 9 | | (C) the petitioner's age at the time of offense; | 10 | | (D) the time since the conviction; and | 11 | | (E) the specific adverse consequences if denied. | 12 | | If the State's Attorney files a motion to vacate and | 13 | | expunge records for felony prostitution convictions | 14 | | pursuant to this Section, the State's Attorney shall | 15 | | notify the Prisoner Review Board within 30 days of the | 16 | | filing. If a motion to vacate and expunge is granted, the | 17 | | records shall be expunged in accordance with subparagraph | 18 | | (d)(9)(A) of this Section. | 19 | | (3) In the public interest, the State's Attorney of a | 20 | | county has standing to file motions to vacate and expunge | 21 | | pursuant to this Section in the circuit court with | 22 | | jurisdiction over the underlying conviction. | 23 | | (4) The Illinois State Police shall allow a person to | 24 | | a use the access and review process, established in the | 25 | | Illinois State Police, for verifying that his or her | 26 | | records relating to felony prostitution eligible under |
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| 1 | | this Section have been expunged. | 2 | | (5) No conviction vacated pursuant to this Section | 3 | | shall serve as the basis for damages for time unjustly | 4 | | served as provided in the Court of Claims Act. | 5 | | (6) Effect of Expungement. A person's right to expunge | 6 | | an expungeable offense shall not be limited under this | 7 | | Section. The effect of an order of expungement shall be to | 8 | | restore the person to the status he or she occupied before | 9 | | the arrest, charge, or conviction. | 10 | | (7) Information. The Illinois State Police shall post | 11 | | general information on its website about the expungement | 12 | | process described in this subsection (j). | 13 | | (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; | 14 | | 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. | 15 | | 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23 .) | 16 | | Section 10. The Court Record and Document Accessibility | 17 | | Act is amended by changing Section 5 as follows: | 18 | | (705 ILCS 86/5) | 19 | | Sec. 5. Record and document accessibility. | 20 | | (a) All records and documents are presumed to be | 21 | | accessible by the court and the clerk of the court. A clerk of | 22 | | the court shall limit access to case information and documents | 23 | | that are not identified as public to the clerk of the court or | 24 | | limited supervisory staff through the use of access codes |
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| 1 | | restricting access. Access to court records and documents | 2 | | remotely over the Internet shall be as authorized by the | 3 | | Illinois Supreme Court Remote Access Policy. | 4 | | (b) Unless otherwise specified by rule, statute, or order, | 5 | | access to case information and documents maintained by the | 6 | | clerk of the court is defined as follows: | 7 | | (1) "Public" means a document or case that is | 8 | | accessible by any person upon request. | 9 | | (2) "Impounded" means a document or case that is | 10 | | accessible only to the parties of record on a case; | 11 | | otherwise, the document or case is only accessible upon | 12 | | order of a court. | 13 | | (3) "Confidential" means a document or case that is | 14 | | accessible only to the party submitting the document or | 15 | | filing the case; otherwise, the document or case is only | 16 | | accessible upon order of a court. | 17 | | (4) "Sealed" means a document or case that is | 18 | | accessible only upon order of a court. | 19 | | (5) "Expunged" means a document or case that is | 20 | | accessible only upon order of a court as provided in | 21 | | subparagraph (E) of paragraph (1) of subsection (a) of | 22 | | Section 5.2 of the Criminal Identification Act . | 23 | | (c) Notwithstanding any provision of subsections (a) and | 24 | | (b), the court may enter an order restricting access to any | 25 | | case or document per order of court. | 26 | | (d) If any law of this State restricts access to any case |
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| 1 | | information and documents maintained by the clerk of the court | 2 | | by using the phrase "shall not be public", or a similar phrase | 3 | | stating that a court record is not available to the public, the | 4 | | clerk of the court shall impound such case information and | 5 | | documents unless the court directs otherwise. | 6 | | (e) Notwithstanding any other provision of law, if any law | 7 | | or statute of this State conflicts with Supreme Court Rule 8, | 8 | | then Supreme Court Rule 8 governs. | 9 | | (Source: P.A. 103-166, eff. 1-1-24 .) | 10 | | Section 15. The Code of Civil Procedure is amended by | 11 | | changing Section 9-121 as follows: | 12 | | (735 ILCS 5/9-121) | 13 | | Sec. 9-121. Impounding Sealing of court file. | 14 | | (a) Definitions. Definition. As used in this Section : , | 15 | | "court | 16 | | "Court file" means the court file created when an | 17 | | eviction action is filed with the court. | 18 | | "Impounded" has the same meaning as in paragraph (2) | 19 | | of subsection (b) of Section 5 of the Court Record and Document | 20 | | Accessibility Act. | 21 | | (b) Discretionary impounding sealing of court file. The | 22 | | court may order that a court file in an eviction action be | 23 | | impounded placed under seal if the court finds that the | 24 | | plaintiff's action is sufficiently without a basis in fact or |
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| 1 | | law, which may include a lack of jurisdiction, that impounding | 2 | | placing the court file under seal is clearly in the interests | 3 | | of justice, and that those interests are not outweighed by the | 4 | | public's interest in knowing about the record. | 5 | | (b-5) Impounding of court file by agreement. The court may | 6 | | order that a file may be impounded by agreement of the parties. | 7 | | (c) Mandatory impounding sealing of court file. The court | 8 | | file relating to an eviction action brought against a tenant | 9 | | under Section 9-207.5 of this Code or as set forth in | 10 | | subdivision (h)(6) of Section 15-1701 of this Code shall be | 11 | | impounded placed under seal . | 12 | | (d) This Section is operative on and after August 1, 2022. | 13 | | (Source: P.A. 102-5, eff. 5-17-21.)". |
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