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92_HB4094
LRB9215514LDtm
1 AN ACT in relation to the expungement and sealing of
2 arrest and court records.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended by
6 changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors of the age of 10
15 and over who have been arrested for an offense which would be
16 a felony if committed by an adult, and may forward such
17 fingerprints and descriptions for minors arrested for Class A
18 or B misdemeanors. Moving or nonmoving traffic violations
19 under the Illinois Vehicle Code shall not be reported except
20 for violations of Chapter 4, Section 11-204.1, or Section
21 11-501 of that Code. In addition, conservation offenses, as
22 defined in the Supreme Court Rule 501(c), that are classified
23 as Class B misdemeanors shall not be reported.
24 Whenever an adult or minor prosecuted as an adult, not
25 having previously been convicted of any criminal offense or
26 municipal ordinance violation, charged with a violation of a
27 municipal ordinance or a felony or misdemeanor, is acquitted
28 or released without being convicted, whether the acquittal or
29 release occurred before, on, or after the effective date of
30 this amendatory Act of 1991, the Chief Judge of the circuit
31 wherein the charge was brought, any judge of that circuit
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1 designated by the Chief Judge, or in counties of less than
2 3,000,000 inhabitants, the presiding trial judge at the
3 defendant's trial may upon verified petition of the defendant
4 order the record of arrest expunged from the official records
5 of the arresting authority and the Department and order that
6 the records of the clerk of the circuit court be sealed until
7 further order of the court upon good cause shown and the name
8 of the defendant obliterated on the official index required
9 to be kept by the circuit court clerk under Section 16 of the
10 Clerks of Courts Act, but the order shall not affect any
11 index issued by the circuit court clerk before the entry of
12 the order. The Department may charge the petitioner a fee
13 equivalent to the cost of processing any order to expunge or
14 seal the records, and the fee shall be deposited into the
15 State Police Services Fund. The records of those arrests,
16 however, that result in a disposition of supervision for any
17 offense must shall not be expunged from the records of the
18 arresting authority or the Department and nor impounded by
19 the court immediately until 2 years after discharge and
20 termination dismissal of supervision. Those records that
21 result from a supervision for a violation of Section 3-707,
22 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code
23 or a similar provision of a local ordinance, or for a
24 violation of Section 12-3.2, 12-15 or 16A-3 of the Criminal
25 Code of 1961, or probation under Section 10 of the Cannabis
26 Control Act, Section 410 of the Illinois Controlled
27 Substances Act, Section 12-4.3(b)(1) and (2) of the Criminal
28 Code of 1961 (as those provisions existed before their
29 deletion by Public Act 89-313), Section 10-102 of the
30 Illinois Alcoholism and Other Drug Dependency Act when the
31 judgment of conviction has been vacated, Section 40-10 of the
32 Alcoholism and Other Drug Abuse and Dependency Act when the
33 judgment of conviction has been vacated, or Section 10 of the
34 Steroid Control Act shall not be expunged from the records of
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1 the arresting authority nor impounded by the court until 5
2 years after termination of probation or supervision. Those
3 records that result from a supervision for a violation of
4 Section 11-501 of the Illinois Vehicle Code or a similar
5 provision of a local ordinance, shall not be expunged. All
6 records set out above must may be ordered by the court to be
7 expunged from the records of the arresting authority and
8 immediately impounded by the court and after 5 years, but
9 shall not be expunged by the Department and, but shall, on
10 court order be sealed by the Department and may be
11 disseminated by the Department only as required by law or to
12 the arresting authority, the State's Attorney, and the court
13 upon a later arrest for the same or a similar offense or for
14 the purpose of sentencing for any subsequent felony. Upon
15 conviction for any offense, the Department of Corrections
16 shall have access to all sealed records of the Department
17 pertaining to that individual.
18 (a-5) Those records maintained by the Department for
19 persons arrested prior to their 17th birthday shall be
20 expunged as provided in Section 5-915 of the Juvenile Court
21 Act of 1987.
22 (b) Whenever a person has been convicted of a crime or
23 of the violation of a municipal ordinance, in the name of a
24 person whose identity he has stolen or otherwise come into
25 possession of, the aggrieved person from whom the identity
26 was stolen or otherwise obtained without authorization, upon
27 learning of the person having been arrested using his
28 identity, may, upon verified petition to the chief judge of
29 the circuit wherein the arrest was made, have a court order
30 entered nunc pro tunc by the chief judge to correct the
31 arrest record, conviction record, if any, and all official
32 records of the arresting authority, the Department, other
33 criminal justice agencies, the prosecutor, and the trial
34 court concerning such arrest, if any, by removing his name
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1 from all such records in connection with the arrest and
2 conviction, if any, and by inserting in the records the name
3 of the offender, if known or ascertainable, in lieu of the
4 aggrieved's has name. The records of the clerk of the
5 circuit court clerk shall be sealed until further order of
6 the court upon good cause shown and the name of the aggrieved
7 person obliterated on the official index required to be kept
8 by the circuit court clerk under Section 16 of the Clerks of
9 Courts Act, but the order shall not affect any index issued
10 by the circuit court clerk before the entry of the order.
11 Nothing in this Section shall limit the Department of State
12 Police or other criminal justice agencies or prosecutors from
13 listing under an offender's name the false names he or she
14 has used. For purposes of this Section, convictions for
15 moving and nonmoving traffic violations other than
16 convictions for violations of Chapter 4, Section 11-204.1 or
17 Section 11-501 of the Illinois Vehicle Code shall not be a
18 bar to expunging the record of arrest and court records for
19 violation of a misdemeanor or municipal ordinance.
20 (c) Whenever a person who has been convicted of an
21 offense is granted a pardon by the Governor which
22 specifically authorizes expungement, he may, upon verified
23 petition to the chief judge of the circuit where the person
24 had been convicted, any judge of the circuit designated by
25 the Chief Judge, or in counties of less than 3,000,000
26 inhabitants, the presiding trial judge at the defendant's
27 trial, may have a court order entered expunging the record of
28 arrest from the official records of the arresting authority
29 and order that the records of the clerk of the circuit court
30 and the Department be sealed until further order of the court
31 upon good cause shown or as otherwise provided herein, and
32 the name of the defendant obliterated from the official index
33 requested to be kept by the circuit court clerk under Section
34 16 of the Clerks of Courts Act in connection with the arrest
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1 and conviction for the offense for which he had been pardoned
2 but the order shall not affect any index issued by the
3 circuit court clerk before the entry of the order. All
4 records sealed by the Department may be disseminated by the
5 Department only as required by law or to the arresting
6 authority, the State's Attorney, and the court upon a later
7 arrest for the same or similar offense or for the purpose of
8 sentencing for any subsequent felony. Upon conviction for
9 any subsequent offense, the Department of Corrections shall
10 have access to all sealed records of the Department
11 pertaining to that individual. Upon entry of the order of
12 expungement, the clerk of the circuit court shall promptly
13 mail a copy of the order to the person who was pardoned.
14 (c-5) Whenever a person has been convicted of criminal
15 sexual assault, aggravated criminal sexual assault, predatory
16 criminal sexual assault of a child, criminal sexual abuse, or
17 aggravated criminal sexual abuse, the victim of that offense
18 may request that the State's Attorney of the county in which
19 the conviction occurred file a verified petition with the
20 presiding trial judge at the defendant's trial to have a
21 court order entered to seal the records of the clerk of the
22 circuit court in connection with the proceedings of the trial
23 court concerning that offense. However, the records of the
24 arresting authority and the Department of State Police
25 concerning the offense shall not be sealed. The court, upon
26 good cause shown, shall make the records of the clerk of the
27 circuit court in connection with the proceedings of the trial
28 court concerning the offense available for public inspection.
29 (d) Notice of the order of expungement and sealing of
30 records in relation to supervision and a petition for
31 petition for subsections (a), (b), and (c) shall be served
32 upon the State's Attorney or prosecutor charged with the duty
33 of prosecuting the offense, the Department of State Police,
34 the arresting agency and the chief legal officer of the unit
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1 of local government affecting the arrest. Unless the State's
2 Attorney or prosecutor, the Department of State Police, the
3 arresting agency or such chief legal officer objects to the
4 petition within 30 days from the date of the notice, the
5 court shall enter an order granting or denying the petition.
6 The clerk of the court shall promptly mail a copy of the
7 order to the person, the arresting agency, the prosecutor,
8 the Department of State Police and such other criminal
9 justice agencies as may be ordered by the judge.
10 (e) Nothing herein shall prevent the Department of State
11 Police from maintaining all records of any person who is
12 admitted to probation upon terms and conditions and who
13 fulfills those terms and conditions pursuant to Section 10 of
14 the Cannabis Control Act, Section 410 of the Illinois
15 Controlled Substances Act, Section 12-4.3 of the Criminal
16 Code of 1961, Section 10-102 of the Illinois Alcoholism and
17 Other Drug Dependency Act, Section 40-10 of the Alcoholism
18 and Other Drug Abuse and Dependency Act, or Section 10 of the
19 Steroid Control Act.
20 (f) No court order issued pursuant to the expungement
21 provisions of this Section shall become final for purposes of
22 appeal until 30 days after notice is received by the
23 Department. Any court order contrary to the provisions of
24 this Section is void.
25 (g) Except as otherwise provided in subsection (c-5) of
26 this Section, the court shall not order the sealing or
27 expungement of the arrest records and records of the circuit
28 court clerk of any person granted supervision for or
29 convicted of any sexual offense committed against a minor
30 under 18 years of age. For the purposes of this Section,
31 "sexual offense committed against a minor" includes but is
32 not limited to the offenses of indecent solicitation of a
33 child or criminal sexual abuse when the victim of such
34 offense is under 18 years of age.
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1 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
2 91-357, eff. 7-29-99; revised 12-3-01.)
3 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
4 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
5 (a) When a defendant is placed on supervision, the court
6 shall enter an order for supervision specifying the period of
7 such supervision, and shall defer further proceedings in the
8 case until the conclusion of the period.
9 (b) The period of supervision shall be reasonable under
10 all of the circumstances of the case, but may not be longer
11 than 2 years, unless the defendant has failed to pay the
12 assessment required by Section 10.3 of the Cannabis Control
13 Act or Section 411.2 of the Illinois Controlled Substances
14 Act, in which case the court may extend supervision beyond 2
15 years. Additionally, the court shall order the defendant to
16 perform no less than 30 hours of community service and not
17 more than 120 hours of community service, if community
18 service is available in the jurisdiction and is funded and
19 approved by the county board where the offense was committed,
20 when the offense (1) was related to or in furtherance of the
21 criminal activities of an organized gang or was motivated by
22 the defendant's membership in or allegiance to an organized
23 gang; or (2) is a violation of any Section of Article 24 of
24 the Criminal Code of 1961 where a disposition of supervision
25 is not prohibited by Section 5-6-1 of this Code. The
26 community service shall include, but not be limited to, the
27 cleanup and repair of any damage caused by violation of
28 Section 21-1.3 of the Criminal Code of 1961 and similar
29 damages to property located within the municipality or county
30 in which the violation occurred. Where possible and
31 reasonable, the community service should be performed in the
32 offender's neighborhood.
33 For the purposes of this Section, "organized gang" has
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1 the meaning ascribed to it in Section 10 of the Illinois
2 Streetgang Terrorism Omnibus Prevention Act.
3 (c) The court may in addition to other reasonable
4 conditions relating to the nature of the offense or the
5 rehabilitation of the defendant as determined for each
6 defendant in the proper discretion of the court require that
7 the person:
8 (1) make a report to and appear in person before or
9 participate with the court or such courts, person, or
10 social service agency as directed by the court in the
11 order of supervision;
12 (2) pay a fine and costs;
13 (3) work or pursue a course of study or vocational
14 training;
15 (4) undergo medical, psychological or psychiatric
16 treatment; or treatment for drug addiction or alcoholism;
17 (5) attend or reside in a facility established for
18 the instruction or residence of defendants on probation;
19 (6) support his dependents;
20 (7) refrain from possessing a firearm or other
21 dangerous weapon;
22 (8) and in addition, if a minor:
23 (i) reside with his parents or in a foster
24 home;
25 (ii) attend school;
26 (iii) attend a non-residential program for
27 youth;
28 (iv) contribute to his own support at home or
29 in a foster home; or
30 (v) with the consent of the superintendent of
31 the facility, attend an educational program at a
32 facility other than the school in which the offense
33 was committed if he or she is placed on supervision
34 for a crime of violence as defined in Section 2 of
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1 the Crime Victims Compensation Act committed in a
2 school, on the real property comprising a school, or
3 within 1,000 feet of the real property comprising a
4 school;
5 (9) make restitution or reparation in an amount not
6 to exceed actual loss or damage to property and pecuniary
7 loss or make restitution under Section 5-5-6 to a
8 domestic violence shelter. The court shall determine the
9 amount and conditions of payment;
10 (10) perform some reasonable public or community
11 service;
12 (11) comply with the terms and conditions of an
13 order of protection issued by the court pursuant to the
14 Illinois Domestic Violence Act of 1986 or an order of
15 protection issued by the court of another state, tribe,
16 or United States territory. If the court has ordered the
17 defendant to make a report and appear in person under
18 paragraph (1) of this subsection, a copy of the order of
19 protection shall be transmitted to the person or agency
20 so designated by the court;
21 (12) reimburse any "local anti-crime program" as
22 defined in Section 7 of the Anti-Crime Advisory Council
23 Act for any reasonable expenses incurred by the program
24 on the offender's case, not to exceed the maximum amount
25 of the fine authorized for the offense for which the
26 defendant was sentenced;
27 (13) contribute a reasonable sum of money, not to
28 exceed the maximum amount of the fine authorized for the
29 offense for which the defendant was sentenced, to a
30 "local anti-crime program", as defined in Section 7 of
31 the Anti-Crime Advisory Council Act;
32 (14) refrain from entering into a designated
33 geographic area except upon such terms as the court finds
34 appropriate. Such terms may include consideration of the
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1 purpose of the entry, the time of day, other persons
2 accompanying the defendant, and advance approval by a
3 probation officer;
4 (15) refrain from having any contact, directly or
5 indirectly, with certain specified persons or particular
6 types of person, including but not limited to members of
7 street gangs and drug users or dealers;
8 (16) refrain from having in his or her body the
9 presence of any illicit drug prohibited by the Cannabis
10 Control Act or the Illinois Controlled Substances Act,
11 unless prescribed by a physician, and submit samples of
12 his or her blood or urine or both for tests to determine
13 the presence of any illicit drug;
14 (17) refrain from operating any motor vehicle not
15 equipped with an ignition interlock device as defined in
16 Section 1-129.1 of the Illinois Vehicle Code. Under this
17 condition the court may allow a defendant who is not
18 self-employed to operate a vehicle owned by the
19 defendant's employer that is not equipped with an
20 ignition interlock device in the course and scope of the
21 defendant's employment.
22 (d) The court shall defer entering any judgment on the
23 charges until the conclusion of the supervision.
24 (e) At the conclusion of the period of supervision, if
25 the court determines that the defendant has successfully
26 complied with all of the conditions of supervision, the court
27 shall discharge the defendant and enter a judgment dismissing
28 the charges.
29 (f) Discharge and dismissal upon a successful conclusion
30 of a disposition of supervision shall be deemed without
31 adjudication of guilt and shall not be termed a conviction
32 for purposes of disqualification or disabilities imposed by
33 law upon conviction of a crime. The expungement and sealing
34 of arrest and court records of a person who has successfully
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1 concluded a disposition of supervision is governed by Section
2 5 of the Criminal Identification Act. Two years after the
3 discharge and dismissal under this Section, unless the
4 disposition of supervision was for a violation of Sections
5 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance, or
7 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
8 Code of 1961, in which case it shall be 5 years after
9 discharge and dismissal, a person may have his record of
10 arrest sealed or expunged as may be provided by law.
11 However, any defendant placed on supervision before January
12 1, 1980, may move for sealing or expungement of his arrest
13 record, as provided by law, at any time after discharge and
14 dismissal under this Section. A person placed on supervision
15 for a sexual offense committed against a minor as defined in
16 subsection (g) of Section 5 of the Criminal Identification
17 Act or for a violation of Section 11-501 of the Illinois
18 Vehicle Code or a similar provision of a local ordinance
19 shall not have his or her record of arrest sealed or
20 expunged.
21 (g) A defendant placed on supervision and who during the
22 period of supervision undergoes mandatory drug or alcohol
23 testing, or both, or is assigned to be placed on an approved
24 electronic monitoring device, shall be ordered to pay the
25 costs incidental to such mandatory drug or alcohol testing,
26 or both, and costs incidental to such approved electronic
27 monitoring in accordance with the defendant's ability to pay
28 those costs. The county board with the concurrence of the
29 Chief Judge of the judicial circuit in which the county is
30 located shall establish reasonable fees for the cost of
31 maintenance, testing, and incidental expenses related to the
32 mandatory drug or alcohol testing, or both, and all costs
33 incidental to approved electronic monitoring, of all
34 defendants placed on supervision. The concurrence of the
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1 Chief Judge shall be in the form of an administrative order.
2 The fees shall be collected by the clerk of the circuit
3 court. The clerk of the circuit court shall pay all moneys
4 collected from these fees to the county treasurer who shall
5 use the moneys collected to defray the costs of drug testing,
6 alcohol testing, and electronic monitoring. The county
7 treasurer shall deposit the fees collected in the county
8 working cash fund under Section 6-27001 or Section 6-29002 of
9 the Counties Code, as the case may be.
10 (h) A disposition of supervision is a final order for
11 the purposes of appeal.
12 (i) The court shall impose upon a defendant placed on
13 supervision after January 1, 1992, as a condition of
14 supervision, a fee of $25 for each month of supervision
15 ordered by the court, unless after determining the inability
16 of the person placed on supervision to pay the fee, the court
17 assesses a lesser fee. The court may not impose the fee on a
18 minor who is made a ward of the State under the Juvenile
19 Court Act of 1987 while the minor is in placement. The fee
20 shall be imposed only upon a defendant who is actively
21 supervised by the probation and court services department.
22 The fee shall be collected by the clerk of the circuit court.
23 The clerk of the circuit court shall pay all monies collected
24 from this fee to the county treasurer for deposit in the
25 probation and court services fund pursuant to Section 15.1 of
26 the Probation and Probation Officers Act.
27 (j) All fines and costs imposed under this Section for
28 any violation of Chapters 3, 4, 6, and 11 of the Illinois
29 Vehicle Code, or a similar provision of a local ordinance,
30 and any violation of the Child Passenger Protection Act, or a
31 similar provision of a local ordinance, shall be collected
32 and disbursed by the circuit clerk as provided under Section
33 27.5 of the Clerks of Courts Act.
34 (k) A defendant at least 17 years of age who is placed
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1 on supervision for a misdemeanor in a county of 3,000,000 or
2 more inhabitants and who has not been previously convicted of
3 a misdemeanor or felony may as a condition of his or her
4 supervision be required by the court to attend educational
5 courses designed to prepare the defendant for a high school
6 diploma and to work toward a high school diploma or to work
7 toward passing the high school level Test of General
8 Educational Development (GED) or to work toward completing a
9 vocational training program approved by the court. The
10 defendant placed on supervision must attend a public
11 institution of education to obtain the educational or
12 vocational training required by this subsection (k). The
13 defendant placed on supervision shall be required to pay for
14 the cost of the educational courses or GED test, if a fee is
15 charged for those courses or test. The court shall revoke
16 the supervision of a person who wilfully fails to comply with
17 this subsection (k). The court shall resentence the
18 defendant upon revocation of supervision as provided in
19 Section 5-6-4. This subsection (k) does not apply to a
20 defendant who has a high school diploma or has successfully
21 passed the GED test. This subsection (k) does not apply to a
22 defendant who is determined by the court to be
23 developmentally disabled or otherwise mentally incapable of
24 completing the educational or vocational program.
25 (l) The court shall require a defendant placed on
26 supervision for possession of a substance prohibited by the
27 Cannabis Control Act or Illinois Controlled Substances Act
28 after a previous conviction or disposition of supervision for
29 possession of a substance prohibited by the Cannabis Control
30 Act or Illinois Controlled Substances Act or a sentence of
31 probation under Section 10 of the Cannabis Control Act or
32 Section 410 of the Illinois Controlled Substances Act and
33 after a finding by the court that the person is addicted, to
34 undergo treatment at a substance abuse program approved by
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1 the court.
2 (m) The Secretary of State shall require anyone placed
3 on court supervision for a violation of Section 3-707 of the
4 Illinois Vehicle Code or a similar provision of a local
5 ordinance to give proof of his or her financial
6 responsibility as defined in Section 7-315 of the Illinois
7 Vehicle Code. The proof shall be maintained by the
8 individual in a manner satisfactory to the Secretary of State
9 for a minimum period of one year after the date the proof is
10 first filed. The proof shall be limited to a single action
11 per arrest and may not be affected by any post-sentence
12 disposition. The Secretary of State shall suspend the
13 driver's license of any person determined by the Secretary to
14 be in violation of this subsection.
15 (Source: P.A. 91-127, eff. 1-1-00; 91-696, eff. 4-13-00;
16 91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-458, eff.
17 8-22-01; revised 10-11-01.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.