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Public Act 100-0287 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Identification Act is amended by | ||||
changing Section 5.2 as follows:
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(20 ILCS 2630/5.2)
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Sec. 5.2. Expungement and sealing. | ||||
(a) General Provisions. | ||||
(1) Definitions. In this Act, words and phrases have
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the meanings set forth in this subsection, except when a
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particular context clearly requires a different meaning. | ||||
(A) The following terms shall have the meanings | ||||
ascribed to them in the Unified Code of Corrections, | ||||
730 ILCS 5/5-1-2 through 5/5-1-22: | ||||
(i) Business Offense (730 ILCS 5/5-1-2), | ||||
(ii) Charge (730 ILCS 5/5-1-3), | ||||
(iii) Court (730 ILCS 5/5-1-6), | ||||
(iv) Defendant (730 ILCS 5/5-1-7), | ||||
(v) Felony (730 ILCS 5/5-1-9), | ||||
(vi) Imprisonment (730 ILCS 5/5-1-10), | ||||
(vii) Judgment (730 ILCS 5/5-1-12), | ||||
(viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||
(ix) Offense (730 ILCS 5/5-1-15), |
(x) Parole (730 ILCS 5/5-1-16), | ||
(xi) Petty Offense (730 ILCS 5/5-1-17), | ||
(xii) Probation (730 ILCS 5/5-1-18), | ||
(xiii) Sentence (730 ILCS 5/5-1-19), | ||
(xiv) Supervision (730 ILCS 5/5-1-21), and | ||
(xv) Victim (730 ILCS 5/5-1-22). | ||
(B) As used in this Section, "charge not initiated | ||
by arrest" means a charge (as defined by 730 ILCS | ||
5/5-1-3) brought against a defendant where the | ||
defendant is not arrested prior to or as a direct | ||
result of the charge. | ||
(C) "Conviction" means a judgment of conviction or | ||
sentence entered upon a plea of guilty or upon a | ||
verdict or finding of guilty of an offense, rendered by | ||
a legally constituted jury or by a court of competent | ||
jurisdiction authorized to try the case without a jury. | ||
An order of supervision successfully completed by the | ||
petitioner is not a conviction. An order of qualified | ||
probation (as defined in subsection (a)(1)(J)) | ||
successfully completed by the petitioner is not a | ||
conviction. An order of supervision or an order of | ||
qualified probation that is terminated | ||
unsatisfactorily is a conviction, unless the | ||
unsatisfactory termination is reversed, vacated, or | ||
modified and the judgment of conviction, if any, is | ||
reversed or vacated. |
(D) "Criminal offense" means a petty offense, | ||
business offense, misdemeanor, felony, or municipal | ||
ordinance violation (as defined in subsection | ||
(a)(1)(H)). As used in this Section, a minor traffic | ||
offense (as defined in subsection (a)(1)(G)) shall not | ||
be considered a criminal offense. | ||
(E) "Expunge" means to physically destroy the | ||
records or return them to the petitioner and to | ||
obliterate the petitioner's name from any official | ||
index or public record, or both. Nothing in this Act | ||
shall require the physical destruction of the circuit | ||
court file, but such records relating to arrests or | ||
charges, or both, ordered expunged shall be impounded | ||
as required by subsections (d)(9)(A)(ii) and | ||
(d)(9)(B)(ii). | ||
(F) As used in this Section, "last sentence" means | ||
the sentence, order of supervision, or order of | ||
qualified probation (as defined by subsection | ||
(a)(1)(J)), for a criminal offense (as defined by | ||
subsection (a)(1)(D)) that terminates last in time in | ||
any jurisdiction, regardless of whether the petitioner | ||
has included the criminal offense for which the | ||
sentence or order of supervision or qualified | ||
probation was imposed in his or her petition. If | ||
multiple sentences, orders of supervision, or orders | ||
of qualified probation terminate on the same day and |
are last in time, they shall be collectively considered | ||
the "last sentence" regardless of whether they were | ||
ordered to run concurrently. | ||
(G) "Minor traffic offense" means a petty offense, | ||
business offense, or Class C misdemeanor under the | ||
Illinois Vehicle Code or a similar provision of a | ||
municipal or local ordinance. | ||
(H) "Municipal ordinance violation" means an | ||
offense defined by a municipal or local ordinance that | ||
is criminal in nature and with which the petitioner was | ||
charged or for which the petitioner was arrested and | ||
released without charging. | ||
(I) "Petitioner" means an adult or a minor | ||
prosecuted as an
adult who has applied for relief under | ||
this Section. | ||
(J) "Qualified probation" means an order of | ||
probation under Section 10 of the Cannabis Control Act, | ||
Section 410 of the Illinois Controlled Substances Act, | ||
Section 70 of the Methamphetamine Control and | ||
Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||
of the Unified Code of Corrections, Section | ||
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||
those provisions existed before their deletion by | ||
Public Act 89-313), Section 10-102 of the Illinois | ||
Alcoholism and Other Drug Dependency Act, Section | ||
40-10 of the Alcoholism and Other Drug Abuse and |
Dependency Act, or Section 10 of the Steroid Control | ||
Act. For the purpose of this Section, "successful | ||
completion" of an order of qualified probation under | ||
Section 10-102 of the Illinois Alcoholism and Other | ||
Drug Dependency Act and Section 40-10 of the Alcoholism | ||
and Other Drug Abuse and Dependency Act means that the | ||
probation was terminated satisfactorily and the | ||
judgment of conviction was vacated. | ||
(K) "Seal" means to physically and electronically | ||
maintain the records, unless the records would | ||
otherwise be destroyed due to age, but to make the | ||
records unavailable without a court order, subject to | ||
the exceptions in Sections 12 and 13 of this Act. The | ||
petitioner's name shall also be obliterated from the | ||
official index required to be kept by the circuit court | ||
clerk under Section 16 of the Clerks of Courts Act, but | ||
any index issued by the circuit court clerk before the | ||
entry of the order to seal shall not be affected. | ||
(L) "Sexual offense committed against a minor" | ||
includes but is
not limited to the offenses of indecent | ||
solicitation of a child
or criminal sexual abuse when | ||
the victim of such offense is
under 18 years of age. | ||
(M) "Terminate" as it relates to a sentence or | ||
order of supervision or qualified probation includes | ||
either satisfactory or unsatisfactory termination of | ||
the sentence, unless otherwise specified in this |
Section. | ||
(2) Minor Traffic Offenses.
Orders of supervision or | ||
convictions for minor traffic offenses shall not affect a | ||
petitioner's eligibility to expunge or seal records | ||
pursuant to this Section. | ||
(2.5) Commencing 180 days after July 29, 2016 ( the | ||
effective date of Public Act 99-697) this amendatory Act of | ||
the 99th General Assembly , the law enforcement agency | ||
issuing the citation shall automatically expunge, on or | ||
before January 1 and July 1 of each year, the law | ||
enforcement records of a person found to have committed a | ||
civil law violation of subsection (a) of Section 4 of the | ||
Cannabis Control Act or subsection (c) of Section 3.5 of | ||
the Drug Paraphernalia Control Act in the law enforcement | ||
agency's possession or control and which contains the final | ||
satisfactory disposition which pertain to the person | ||
issued a citation for that offense.
The law enforcement | ||
agency shall provide by rule the process for access, | ||
review, and to confirm the automatic expungement by the law | ||
enforcement agency issuing the citation.
Commencing 180 | ||
days after July 29, 2016 ( the effective date of Public Act | ||
99-697) this amendatory Act of the 99th General Assembly , | ||
the clerk of the circuit court shall expunge, upon order of | ||
the court, or in the absence of a court order on or before | ||
January 1 and July 1 of each year, the court records of a | ||
person found in the circuit court to have committed a civil |
law violation of subsection (a) of Section 4 of the | ||
Cannabis Control Act or subsection (c) of Section 3.5 of | ||
the Drug Paraphernalia Control Act in the clerk's | ||
possession or control and which contains the final | ||
satisfactory disposition which pertain to the person | ||
issued a citation for any of those offenses. | ||
(3) Exclusions. Except as otherwise provided in | ||
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||
of this Section, the court shall not order: | ||
(A) the sealing or expungement of the records of | ||
arrests or charges not initiated by arrest that result | ||
in an order of supervision for or conviction of:
(i) | ||
any sexual offense committed against a
minor; (ii) | ||
Section 11-501 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance; or (iii) | ||
Section 11-503 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, unless the | ||
arrest or charge is for a misdemeanor violation of | ||
subsection (a) of Section 11-503 or a similar provision | ||
of a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the offender | ||
has no other conviction for violating Section 11-501 or | ||
11-503 of the Illinois Vehicle Code or a similar | ||
provision of a local ordinance. | ||
(B) the sealing or expungement of records of minor | ||
traffic offenses (as defined in subsection (a)(1)(G)), |
unless the petitioner was arrested and released | ||
without charging. | ||
(C) the sealing of the records of arrests or | ||
charges not initiated by arrest which result in an | ||
order of supervision or a conviction for the following | ||
offenses: | ||
(i) offenses included in Article 11 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
or a similar provision of a local ordinance, except | ||
Section 11-14 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||
26-5, or 48-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(iii) Sections 12-3.1 or 12-3.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, | ||
or Section 125 of the Stalking No Contact Order | ||
Act, or Section 219 of the Civil No Contact Order | ||
Act, or a similar provision of a local ordinance; | ||
(iv) offenses which are Class A misdemeanors | ||
under the Humane Care for Animals Act; or | ||
(v) any offense or attempted offense that | ||
would subject a person to registration under the | ||
Sex Offender Registration Act. |
(D) the sealing of the records of an arrest which | ||
results in
the petitioner being charged with a felony | ||
offense or records of a charge not initiated by arrest | ||
for a felony offense unless: | ||
(i) the charge is amended to a misdemeanor and | ||
is otherwise
eligible to be sealed pursuant to | ||
subsection (c); | ||
(ii) the charge is brought along with another | ||
charge as a part of one case and the charge results | ||
in acquittal, dismissal, or conviction when the | ||
conviction was reversed or vacated, and another | ||
charge brought in the same case results in a | ||
disposition for a misdemeanor offense that is | ||
eligible to be sealed pursuant to subsection (c) or | ||
a disposition listed in paragraph (i), (iii), or | ||
(iv) of this subsection; | ||
(iii) the charge results in first offender | ||
probation as set forth in subsection (c)(2)(E); | ||
(iv) the charge is for a felony offense listed | ||
in subsection (c)(2)(F) or the charge is amended to | ||
a felony offense listed in subsection (c)(2)(F); | ||
(v) the charge results in acquittal, | ||
dismissal, or the petitioner's release without | ||
conviction; or | ||
(vi) the charge results in a conviction, but | ||
the conviction was reversed or vacated. |
(b) Expungement. | ||
(1) A petitioner may petition the circuit court to | ||
expunge the
records of his or her arrests and charges not | ||
initiated by arrest when each arrest or charge not | ||
initiated by arrest
sought to be expunged resulted in:
(i) | ||
acquittal, dismissal, or the petitioner's release without | ||
charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||
conviction which was vacated or reversed, unless excluded | ||
by subsection (a)(3)(B);
(iii) an order of supervision and | ||
such supervision was successfully completed by the | ||
petitioner, unless excluded by subsection (a)(3)(A) or | ||
(a)(3)(B); or
(iv) an order of qualified probation (as | ||
defined in subsection (a)(1)(J)) and such probation was | ||
successfully completed by the petitioner. | ||
(1.5) When a petitioner seeks to have a record of | ||
arrest expunged under this Section, and the offender has | ||
been convicted of a criminal offense, the State's Attorney | ||
may object to the expungement on the grounds that the | ||
records contain specific relevant information aside from | ||
the mere fact of the arrest. | ||
(2) Time frame for filing a petition to expunge. | ||
(A) When the arrest or charge not initiated by | ||
arrest sought to be expunged resulted in an acquittal, | ||
dismissal, the petitioner's release without charging, | ||
or the reversal or vacation of a conviction, there is | ||
no waiting period to petition for the expungement of |
such records. | ||
(B) When the arrest or charge not initiated by | ||
arrest
sought to be expunged resulted in an order of | ||
supervision, successfully
completed by the petitioner, | ||
the following time frames will apply: | ||
(i) Those arrests or charges that resulted in | ||
orders of
supervision under Section 3-707, 3-708, | ||
3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, or under | ||
Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, or a | ||
similar provision of a local ordinance, shall not | ||
be eligible for expungement until 5 years have | ||
passed following the satisfactory termination of | ||
the supervision. | ||
(i-5) Those arrests or charges that resulted | ||
in orders of supervision for a misdemeanor | ||
violation of subsection (a) of Section 11-503 of | ||
the Illinois Vehicle Code or a similar provision of | ||
a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the | ||
offender has no other conviction for violating | ||
Section 11-501 or 11-503 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance | ||
shall not be eligible for expungement until the | ||
petitioner has reached the age of 25 years. |
(ii) Those arrests or charges that resulted in | ||
orders
of supervision for any other offenses shall | ||
not be
eligible for expungement until 2 years have | ||
passed
following the satisfactory termination of | ||
the supervision. | ||
(C) When the arrest or charge not initiated by | ||
arrest sought to
be expunged resulted in an order of | ||
qualified probation, successfully
completed by the | ||
petitioner, such records shall not be eligible for
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expungement until 5 years have passed following the | ||
satisfactory
termination of the probation. | ||
(3) Those records maintained by the Department for
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persons arrested prior to their 17th birthday shall be
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expunged as provided in Section 5-915 of the Juvenile Court
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Act of 1987. | ||
(4) Whenever a person has been arrested for or | ||
convicted of any
offense, in the name of a person whose | ||
identity he or she has stolen or otherwise
come into | ||
possession of, the aggrieved person from whom the identity
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was stolen or otherwise obtained without authorization,
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upon learning of the person having been arrested using his
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or her identity, may, upon verified petition to the chief | ||
judge of
the circuit wherein the arrest was made, have a | ||
court order
entered nunc pro tunc by the Chief Judge to | ||
correct the
arrest record, conviction record, if any, and | ||
all official
records of the arresting authority, the |
Department, other
criminal justice agencies, the | ||
prosecutor, and the trial
court concerning such arrest, if | ||
any, by removing his or her name
from all such records in | ||
connection with the arrest and
conviction, if any, and by | ||
inserting in the records the
name of the offender, if known | ||
or ascertainable, in lieu of
the aggrieved's name. The | ||
records of the circuit court clerk shall be sealed until | ||
further order of
the court upon good cause shown and the | ||
name of the
aggrieved person obliterated on the official | ||
index
required to be kept by the circuit court clerk under
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Section 16 of the Clerks of Courts Act, but the order shall
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not affect any index issued by the circuit court clerk
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before the entry of the order. Nothing in this Section
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shall limit the Department of State Police or other
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criminal justice agencies or prosecutors from listing
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under an offender's name the false names he or she has
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used. | ||
(5) Whenever a person has been convicted of criminal
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sexual assault, aggravated criminal sexual assault,
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predatory criminal sexual assault of a child, criminal
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sexual abuse, or aggravated criminal sexual abuse, the
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victim of that offense may request that the State's
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Attorney of the county in which the conviction occurred
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file a verified petition with the presiding trial judge at
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the petitioner's trial to have a court order entered to | ||
seal
the records of the circuit court clerk in connection
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with the proceedings of the trial court concerning that
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offense. However, the records of the arresting authority
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and the Department of State Police concerning the offense
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shall not be sealed. The court, upon good cause shown,
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shall make the records of the circuit court clerk in
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connection with the proceedings of the trial court
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concerning the offense available for public inspection. | ||
(6) If a conviction has been set aside on direct review
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or on collateral attack and the court determines by clear
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and convincing evidence that the petitioner was factually
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innocent of the charge, the court that finds the petitioner | ||
factually innocent of the charge shall enter an
expungement | ||
order for the conviction for which the petitioner has been | ||
determined to be innocent as provided in subsection (b) of | ||
Section
5-5-4 of the Unified Code of Corrections. | ||
(7) Nothing in this Section shall prevent the | ||
Department of
State Police from maintaining all records of | ||
any person who
is admitted to probation upon terms and | ||
conditions and who
fulfills those terms and conditions | ||
pursuant to Section 10
of the Cannabis Control Act, Section | ||
410 of the Illinois
Controlled Substances Act, Section 70 | ||
of the
Methamphetamine Control and Community Protection | ||
Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||
Corrections, Section 12-4.3 or subdivision (b)(1) of | ||
Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, Section 10-102
of the Illinois |
Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||
the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||
Section 10 of the Steroid Control Act. | ||
(8) If the petitioner has been granted a certificate of | ||
innocence under Section 2-702 of the Code of Civil | ||
Procedure, the court that grants the certificate of | ||
innocence shall also enter an order expunging the | ||
conviction for which the petitioner has been determined to | ||
be innocent as provided in subsection (h) of Section 2-702 | ||
of the Code of Civil Procedure. | ||
(c) Sealing. | ||
(1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary, and cumulative with any rights | ||
to expungement of criminal records, this subsection | ||
authorizes the sealing of criminal records of adults and of | ||
minors prosecuted as adults. | ||
(2) Eligible Records. The following records may be | ||
sealed: | ||
(A) All arrests resulting in release without | ||
charging; | ||
(B) Arrests or charges not initiated by arrest | ||
resulting in acquittal, dismissal, or conviction when | ||
the conviction was reversed or vacated, except as | ||
excluded by subsection (a)(3)(B); | ||
(C) Arrests or charges not initiated by arrest | ||
resulting in orders of supervision, including orders |
of supervision for municipal ordinance violations, | ||
successfully completed by the petitioner, unless | ||
excluded by subsection (a)(3); | ||
(D) Arrests or charges not initiated by arrest | ||
resulting in convictions, including convictions on | ||
municipal ordinance violations, unless excluded by | ||
subsection (a)(3); | ||
(E) Arrests or charges not initiated by arrest | ||
resulting in orders of first offender probation under | ||
Section 10 of the Cannabis Control Act, Section 410 of | ||
the Illinois Controlled Substances Act, Section 70 of | ||
the Methamphetamine Control and Community Protection | ||
Act, or Section 5-6-3.3 of the Unified Code of | ||
Corrections; and | ||
(F) Arrests or charges not initiated by arrest | ||
resulting in felony convictions for the following | ||
offenses: | ||
(i) Class 4 felony convictions for: | ||
Prostitution under Section 11-14 of the | ||
Criminal Code of 1961 or the Criminal Code of | ||
2012. | ||
Possession of cannabis under Section 4 of | ||
the Cannabis Control Act. | ||
Possession of a controlled substance under | ||
Section 402 of the Illinois Controlled | ||
Substances Act. |
Offenses under the Methamphetamine | ||
Precursor Control Act. | ||
Offenses under the Steroid Control Act. | ||
Theft under Section 16-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012. | ||
Retail theft under Section 16A-3 or | ||
paragraph (a) of 16-25 of the Criminal Code of | ||
1961 or the Criminal Code of 2012. | ||
Deceptive practices under Section 17-1 of | ||
the Criminal Code of 1961 or the Criminal Code | ||
of 2012. | ||
Forgery under Section 17-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012. | ||
Possession of burglary tools under Section | ||
19-2 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012. | ||
(ii) Class 3 felony convictions for: | ||
Theft under Section 16-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012. | ||
Retail theft under Section 16A-3 or | ||
paragraph (a) of 16-25 of the Criminal Code of | ||
1961 or the Criminal Code of 2012. | ||
Deceptive practices under Section 17-1 of | ||
the Criminal Code of 1961 or the Criminal Code | ||
of 2012. | ||
Forgery under Section 17-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012. | ||
Possession with intent to manufacture or | ||
deliver a controlled substance under Section | ||
401 of the Illinois Controlled Substances Act. | ||
(3) When Records Are Eligible to Be Sealed. Records | ||
identified as eligible under subsection (c)(2) may be | ||
sealed as follows: | ||
(A) Records identified as eligible under | ||
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||
time. | ||
(B) Except as otherwise provided in subparagraph | ||
(E) of this paragraph (3), records identified as | ||
eligible under subsection (c)(2)(C) may be sealed
2 | ||
years after the termination of petitioner's last | ||
sentence (as defined in subsection (a)(1)(F)). | ||
(C) Except as otherwise provided in subparagraph | ||
(E) of this paragraph (3), records identified as | ||
eligible under subsections (c)(2)(D), (c)(2)(E), and | ||
(c)(2)(F) may be sealed 3 years after the termination | ||
of the petitioner's last sentence (as defined in | ||
subsection (a)(1)(F)). | ||
(D) Records identified in subsection | ||
(a)(3)(A)(iii) may be sealed after the petitioner has | ||
reached the age of 25 years. | ||
(E) Records identified as eligible under | ||
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or |
(c)(2)(F) may be sealed upon termination of the | ||
petitioner's last sentence if the petitioner earned a | ||
high school diploma, associate's degree, career | ||
certificate, vocational technical certification, or | ||
bachelor's degree, or passed the high school level Test | ||
of General Educational Development, during the period | ||
of his or her sentence, aftercare release, or mandatory | ||
supervised release. This subparagraph shall apply only | ||
to a petitioner who has not completed the same | ||
educational goal prior to the period of his or her | ||
sentence, aftercare release, or mandatory supervised | ||
release. If a petition for sealing eligible records | ||
filed under this subparagraph is denied by the court, | ||
the time periods under subparagraph (B) or (C) shall | ||
apply to any subsequent petition for sealing filed by | ||
the petitioner. | ||
(4) Subsequent felony convictions. A person may not | ||
have
subsequent felony conviction records sealed as | ||
provided in this subsection
(c) if he or she is convicted | ||
of any felony offense after the date of the
sealing of | ||
prior felony convictions as provided in this subsection | ||
(c). The court may, upon conviction for a subsequent felony | ||
offense, order the unsealing of prior felony conviction | ||
records previously ordered sealed by the court. | ||
(5) Notice of eligibility for sealing. Upon entry of a | ||
disposition for an eligible record under this subsection |
(c), the petitioner shall be informed by the court of the | ||
right to have the records sealed and the procedures for the | ||
sealing of the records. | ||
(d) Procedure. The following procedures apply to | ||
expungement under subsections (b), (e), and (e-6) and sealing | ||
under subsections (c) and (e-5): | ||
(1) Filing the petition. Upon becoming eligible to | ||
petition for
the expungement or sealing of records under | ||
this Section, the petitioner shall file a petition | ||
requesting the expungement
or sealing of records with the | ||
clerk of the court where the arrests occurred or the | ||
charges were brought, or both. If arrests occurred or | ||
charges were brought in multiple jurisdictions, a petition | ||
must be filed in each such jurisdiction. The petitioner | ||
shall pay the applicable fee, except no fee shall be | ||
required if the petitioner has obtained a court order | ||
waiving fees under Supreme Court Rule 298 or it is | ||
otherwise waived. | ||
(1.5) County fee waiver pilot program.
In a county of | ||
3,000,000 or more inhabitants, no fee shall be required to | ||
be paid by a petitioner if the records sought to be | ||
expunged or sealed were arrests resulting in release | ||
without charging or arrests or charges not initiated by | ||
arrest resulting in acquittal, dismissal, or conviction | ||
when the conviction was reversed or vacated, unless | ||
excluded by subsection (a)(3)(B). The provisions of this |
paragraph (1.5), other than this sentence, are inoperative | ||
on and after January 1, 2019 January 1, 2018 or one year | ||
after January 1, 2017 ( the effective date of Public Act | ||
99-881) this amendatory Act of the 99th General Assembly , | ||
whichever is later. | ||
(2) Contents of petition. The petition shall be
| ||
verified and shall contain the petitioner's name, date of
| ||
birth, current address and, for each arrest or charge not | ||
initiated by
arrest sought to be sealed or expunged, the | ||
case number, the date of
arrest (if any), the identity of | ||
the arresting authority, and such
other information as the | ||
court may require. During the pendency
of the proceeding, | ||
the petitioner shall promptly notify the
circuit court | ||
clerk of any change of his or her address. If the | ||
petitioner has received a certificate of eligibility for | ||
sealing from the Prisoner Review Board under paragraph (10) | ||
of subsection (a) of Section 3-3-2 of the Unified Code of | ||
Corrections, the certificate shall be attached to the | ||
petition. | ||
(3) Drug test. The petitioner must attach to the | ||
petition proof that the petitioner has passed a test taken | ||
within 30 days before the filing of the petition showing | ||
the absence within his or her body of all illegal | ||
substances as defined by the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, and the Cannabis Control Act if he or she |
is petitioning to: | ||
(A) seal felony records under clause (c)(2)(E); | ||
(B) seal felony records for a violation of the | ||
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, | ||
or the Cannabis Control Act under clause (c)(2)(F); | ||
(C) seal felony records under subsection (e-5); or | ||
(D) expunge felony records of a qualified | ||
probation under clause (b)(1)(iv). | ||
(4) Service of petition. The circuit court clerk shall | ||
promptly
serve a copy of the petition and documentation to | ||
support the petition under subsection (e-5) or (e-6) on the | ||
State's Attorney or
prosecutor charged with the duty of | ||
prosecuting the
offense, the Department of State Police, | ||
the arresting
agency and the chief legal officer of the | ||
unit of local
government effecting the arrest. | ||
(5) Objections. | ||
(A) Any party entitled to notice of the petition | ||
may file an objection to the petition. All objections | ||
shall be in writing, shall be filed with the circuit | ||
court clerk, and shall state with specificity the basis | ||
of the objection. Whenever a person who has been | ||
convicted of an offense is granted
a pardon by the | ||
Governor which specifically authorizes expungement, an | ||
objection to the petition may not be filed. | ||
(B) Objections to a petition to expunge or seal |
must be filed within 60 days of the date of service of | ||
the petition. | ||
(6) Entry of order. | ||
(A) The Chief Judge of the circuit wherein the | ||
charge was brought, any judge of that circuit | ||
designated by the Chief Judge, or in counties of less | ||
than 3,000,000 inhabitants, the presiding trial judge | ||
at the petitioner's trial, if any, shall rule on the | ||
petition to expunge or seal as set forth in this | ||
subsection (d)(6). | ||
(B) Unless the State's Attorney or prosecutor, the | ||
Department of
State Police, the arresting agency, or | ||
the chief legal officer
files an objection to the | ||
petition to expunge or seal within 60 days from the | ||
date of service of the petition, the court shall enter | ||
an order granting or denying the petition. | ||
(7) Hearings. If an objection is filed, the court shall | ||
set a date for a hearing and notify the petitioner and all | ||
parties entitled to notice of the petition of the hearing | ||
date at least 30 days prior to the hearing. Prior to the | ||
hearing, the State's Attorney shall consult with the | ||
Department as to the appropriateness of the relief sought | ||
in the petition to expunge or seal. At the hearing, the | ||
court shall hear evidence on whether the petition should or | ||
should not be granted, and shall grant or deny the petition | ||
to expunge or seal the records based on the evidence |
presented at the hearing. The court may consider the | ||
following: | ||
(A) the strength of the evidence supporting the | ||
defendant's conviction; | ||
(B) the reasons for retention of the conviction | ||
records by the State; | ||
(C) the petitioner's age, criminal record history, | ||
and employment history; | ||
(D) the period of time between the petitioner's | ||
arrest on the charge resulting in the conviction and | ||
the filing of the petition under this Section; and | ||
(E) the specific adverse consequences the | ||
petitioner may be subject to if the petition is denied. | ||
(8) Service of order. After entering an order to | ||
expunge or
seal records, the court must provide copies of | ||
the order to the
Department, in a form and manner | ||
prescribed by the Department,
to the petitioner, to the | ||
State's Attorney or prosecutor
charged with the duty of | ||
prosecuting the offense, to the
arresting agency, to the | ||
chief legal officer of the unit of
local government | ||
effecting the arrest, and to such other
criminal justice | ||
agencies as may be ordered by the court. | ||
(9) Implementation of order. | ||
(A) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency, | ||
the Department, and any other agency as ordered by | ||
the court, within 60 days of the date of service of | ||
the order, unless a motion to vacate, modify, or | ||
reconsider the order is filed pursuant to | ||
paragraph (12) of subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
and | ||
(iii) in response to an inquiry for expunged | ||
records, the court, the Department, or the agency | ||
receiving such inquiry, shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, |
unless a motion to vacate, modify, or reconsider | ||
the order is filed pursuant to paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed | ||
pursuant to paragraph (12) of subsection (d) of | ||
this Section; | ||
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for the | ||
same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for such records |
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B-5) Upon entry of an order to expunge records | ||
under subsection (e-6): | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed under paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed |
under paragraph (12) of subsection (d) of this | ||
Section; | ||
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for the | ||
same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for these records | ||
from anyone not authorized by law to access the | ||
records, the court, the Department, or the agency | ||
receiving the inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(C) Upon entry of an order to seal records under | ||
subsection
(c), the arresting agency, any other agency | ||
as ordered by the court, the Department, and the court | ||
shall seal the records (as defined in subsection | ||
(a)(1)(K)). In response to an inquiry for such records, | ||
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever existed. | ||
(D) The Department shall send written notice to the |
petitioner of its compliance with each order to expunge | ||
or seal records within 60 days of the date of service | ||
of that order or, if a motion to vacate, modify, or | ||
reconsider is filed, within 60 days of service of the | ||
order resolving the motion, if that order requires the | ||
Department to expunge or seal records. In the event of | ||
an appeal from the circuit court order, the Department | ||
shall send written notice to the petitioner of its | ||
compliance with an Appellate Court or Supreme Court | ||
judgment to expunge or seal records within 60 days of | ||
the issuance of the court's mandate. The notice is not | ||
required while any motion to vacate, modify, or | ||
reconsider, or any appeal or petition for | ||
discretionary appellate review, is pending. | ||
(10) Fees. The Department may charge the petitioner a | ||
fee equivalent to the cost of processing any order to | ||
expunge or seal records. Notwithstanding any provision of | ||
the Clerks of Courts Act to the contrary, the circuit court | ||
clerk may charge a fee equivalent to the cost associated | ||
with the sealing or expungement of records by the circuit | ||
court clerk. From the total filing fee collected for the | ||
petition to seal or expunge, the circuit court clerk shall | ||
deposit $10 into the Circuit Court Clerk Operation and | ||
Administrative Fund, to be used to offset the costs | ||
incurred by the circuit court clerk in performing the | ||
additional duties required to serve the petition to seal or |
expunge on all parties. The circuit court clerk shall | ||
collect and forward the Department of State Police portion | ||
of the fee to the Department and it shall be deposited in | ||
the State Police Services Fund. | ||
(11) Final Order. No court order issued under the | ||
expungement or sealing provisions of this Section shall | ||
become final for purposes of appeal until 30 days after | ||
service of the order on the petitioner and all parties | ||
entitled to notice of the petition. | ||
(12) Motion to Vacate, Modify, or Reconsider. Under | ||
Section 2-1203 of the Code of Civil Procedure, the | ||
petitioner or any party entitled to notice may file a | ||
motion to vacate, modify, or reconsider the order granting | ||
or denying the petition to expunge or seal within 60 days | ||
of service of the order. If filed more than 60 days after | ||
service of the order, a petition to vacate, modify, or | ||
reconsider shall comply with subsection (c) of Section | ||
2-1401 of the Code of Civil Procedure. Upon filing of a | ||
motion to vacate, modify, or reconsider, notice of the | ||
motion shall be served upon the petitioner and all parties | ||
entitled to notice of the petition. | ||
(13) Effect of Order. An order granting a petition | ||
under the expungement or sealing provisions of this Section | ||
shall not be considered void because it fails to comply | ||
with the provisions of this Section or because of any error | ||
asserted in a motion to vacate, modify, or reconsider. The |
circuit court retains jurisdiction to determine whether | ||
the order is voidable and to vacate, modify, or reconsider | ||
its terms based on a motion filed under paragraph (12) of | ||
this subsection (d). | ||
(14) Compliance with Order Granting Petition to Seal | ||
Records. Unless a court has entered a stay of an order | ||
granting a petition to seal, all parties entitled to notice | ||
of the petition must fully comply with the terms of the | ||
order within 60 days of service of the order even if a | ||
party is seeking relief from the order through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order. | ||
(15) Compliance with Order Granting Petition to | ||
Expunge Records. While a party is seeking relief from the | ||
order granting the petition to expunge through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order, and unless a court has entered a stay | ||
of that order, the parties entitled to notice of the | ||
petition must seal, but need not expunge, the records until | ||
there is a final order on the motion for relief or, in the | ||
case of an appeal, the issuance of that court's mandate. | ||
(16) The changes to this subsection (d) made by Public | ||
Act 98-163 apply to all petitions pending on August 5, 2013 | ||
(the effective date of Public Act 98-163) and to all orders | ||
ruling on a petition to expunge or seal on or after August | ||
5, 2013 (the effective date of Public Act 98-163). |
(e) Whenever a person who has been convicted of an offense | ||
is granted
a pardon by the Governor which specifically | ||
authorizes expungement, he or she may,
upon verified petition | ||
to the Chief Judge of the circuit where the person had
been | ||
convicted, any judge of the circuit designated by the Chief | ||
Judge, or in
counties of less than 3,000,000 inhabitants, the | ||
presiding trial judge at the
defendant's trial, have a court | ||
order entered expunging the record of
arrest from the official | ||
records of the arresting authority and order that the
records | ||
of the circuit court clerk and the Department be sealed until
| ||
further order of the court upon good cause shown or as | ||
otherwise provided
herein, and the name of the defendant | ||
obliterated from the official index
requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks
of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for
which he or she had been pardoned but the order | ||
shall not affect any index issued by
the circuit court clerk | ||
before the entry of the order. All records sealed by
the | ||
Department may be disseminated by the Department only to the | ||
arresting authority, the State's Attorney, and the court upon a | ||
later
arrest for the same or similar offense or for the purpose | ||
of sentencing for any
subsequent felony. Upon conviction for | ||
any subsequent offense, the Department
of Corrections shall | ||
have access to all sealed records of the Department
pertaining | ||
to that individual. Upon entry of the order of expungement, the
| ||
circuit court clerk shall promptly mail a copy of the order to |
the
person who was pardoned. | ||
(e-5) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for sealing by | ||
the Prisoner Review Board which specifically authorizes | ||
sealing, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any | ||
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered sealing the record of arrest from the official records | ||
of the arresting authority and order that the records of the | ||
circuit court clerk and the Department be sealed until further | ||
order of the court upon good cause shown or as otherwise | ||
provided herein, and the name of the petitioner obliterated | ||
from the official index requested to be kept by the circuit | ||
court clerk under Section 16 of the Clerks of Courts Act in | ||
connection with the arrest and conviction for the offense for | ||
which he or she had been granted the certificate but the order | ||
shall not affect any index issued by the circuit court clerk | ||
before the entry of the order. All records sealed by the | ||
Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law | ||
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose | ||
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall |
have access to all sealed records of the Department pertaining | ||
to that individual. Upon entry of the order of sealing, the | ||
circuit court clerk shall promptly mail a copy of the order to | ||
the person who was granted the certificate of eligibility for | ||
sealing. | ||
(e-6) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for expungement | ||
by the Prisoner Review Board which specifically authorizes | ||
expungement, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any | ||
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered expunging the record of arrest from the official | ||
records of the arresting authority and order that the records | ||
of the circuit court clerk and the Department be sealed until | ||
further order of the court upon good cause shown or as | ||
otherwise provided herein, and the name of the petitioner | ||
obliterated from the official index requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for which he or she had been granted the certificate | ||
but the order shall not affect any index issued by the circuit | ||
court clerk before the entry of the order. All records sealed | ||
by the Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law |
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose | ||
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall | ||
have access to all expunged records of the Department | ||
pertaining to that individual. Upon entry of the order of | ||
expungement, the circuit court clerk shall promptly mail a copy | ||
of the order to the person who was granted the certificate of | ||
eligibility for expungement. | ||
(f) Subject to available funding, the Illinois Department
| ||
of Corrections shall conduct a study of the impact of sealing,
| ||
especially on employment and recidivism rates, utilizing a
| ||
random sample of those who apply for the sealing of their
| ||
criminal records under Public Act 93-211. At the request of the
| ||
Illinois Department of Corrections, records of the Illinois
| ||
Department of Employment Security shall be utilized as
| ||
appropriate to assist in the study. The study shall not
| ||
disclose any data in a manner that would allow the
| ||
identification of any particular individual or employing unit.
| ||
The study shall be made available to the General Assembly no
| ||
later than September 1, 2010.
| ||
(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||
eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||
98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; | ||
99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. |
7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|