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Public Act 096-1532 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Identification Act is amended by | ||||
changing Section 5.2 as follows: | ||||
(20 ILCS 2630/5.2) | ||||
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 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. | ||
(3) Exclusions. Except as otherwise provided in | ||
subsections (b)(5), (b)(6), and (e) 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. | ||
(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, an order of qualified probation | ||
(as defined in subsection (a)(1)(J)), or a conviction | ||
for the following offenses: | ||
(i) offenses included in Article 11 of the | ||
Criminal Code of 1961 or a similar provision of a |
local ordinance, except Section 11-14 of the | ||
Criminal Code of 1961 or a similar provision of a | ||
local ordinance; | ||
(ii) Section 12-15, 12-30, or 26-5 of the | ||
Criminal Code of 1961 or a similar provision of a | ||
local ordinance; | ||
(iii) offenses defined as "crimes of violence" | ||
in Section 2 of the Crime Victims Compensation 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, regardless of the disposition, | ||
unless: | ||
(i) the charge is amended to a misdemeanor and | ||
is otherwise
eligible to be sealed pursuant to | ||
subsection (c); | ||
(ii) the charge results in first offender | ||
probation as set forth in subsection (c)(2)(E); or | ||
(iii) the charge is for a Class 4 felony | ||
offense listed in subsection (c)(2)(F) or the |
charge is amended to a Class 4 felony offense | ||
listed in subsection (c)(2)(F). Records of arrests | ||
which result in the petitioner being charged with a | ||
Class 4 felony offense listed in subsection | ||
(c)(2)(F), records of charges not initiated by | ||
arrest for Class 4 felony offenses listed in | ||
subsection (c)(2)(F), and records of charges | ||
amended to a Class 4 felony offense listed in | ||
(c)(2)(F) may be sealed, regardless of the | ||
disposition, subject to any waiting periods set | ||
forth in subsection (c)(3). | ||
(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: | ||
(A) He or she has never been convicted of a | ||
criminal offense; and | ||
(B) Each arrest or charge not initiated by arrest
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sought to be expunged resulted in:
(i) acquittal, | ||
dismissal, or the petitioner's release without | ||
charging, unless excluded by subsection (a)(3)(B);
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(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. | ||
(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 12-3.2 , or 12-15 or 16A-3 of the Criminal | ||
Code of 1961, shall not be eligible for expungement | ||
until 5 years have passed following the | ||
satisfactory termination of the supervision. | ||
(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 shall enter an
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expungement order as provided in subsection (b) of Section
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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 12-4.3 of the Criminal Code of 1961, 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. | ||
(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) or (a)(3)(D); | ||
(C) Arrests or charges not initiated by arrest | ||
resulting in orders of supervision successfully | ||
completed by the petitioner, unless excluded by | ||
subsection (a)(3); | ||
(D) Arrests or charges not initiated by arrest | ||
resulting in convictions 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, or Section 70 | ||
of the Methamphetamine Control and Community | ||
Protection Act; and | ||
(F) Arrests or charges not initiated by arrest | ||
resulting in Class 4 felony convictions for the | ||
following offenses: | ||
(i) Section 11-14 of the Criminal Code of 1961; |
(ii) Section 4 of the Cannabis Control Act; | ||
(iii) Section 402 of the Illinois Controlled | ||
Substances Act; | ||
(iv) the Methamphetamine Precursor Control | ||
Act; and | ||
(v) the Steroid Control 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) Records identified as eligible under | ||
subsection (c)(2)(C) may be sealed
(i) 3 years after | ||
the termination of petitioner's last sentence (as | ||
defined in subsection (a)(1)(F)) if the petitioner has | ||
never been convicted of a criminal offense (as defined | ||
in subsection (a)(1)(D)); or
(ii) 4 years after the | ||
termination of the petitioner's last sentence (as | ||
defined in subsection (a)(1)(F)) if the petitioner has | ||
ever been convicted of a criminal offense (as defined | ||
in subsection (a)(1)(D)). | ||
(C) Records identified as eligible under | ||
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||
sealed 4 years after the termination of the | ||
petitioner's last sentence (as defined in subsection |
(a)(1)(F)). | ||
(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) and (e), and sealing under | ||
subsection (c): | ||
(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, if not waived. |
(2) Contents of petition. The petition shall be
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verified and shall contain the petitioner's name, date of
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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. | ||
(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 seal felony records pursuant to clause | ||
(c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | ||
petitioning to expunge felony records of a qualified | ||
probation pursuant to clause (b)(1)(B)(iv). | ||
(4) Service of petition. The circuit court clerk shall | ||
promptly
serve a copy of the petition on the State's | ||
Attorney or
prosecutor charged with the duty of prosecuting | ||
the
offense, the Department of State Police, the arresting
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agency and the chief legal officer of the unit of local
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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. | ||
(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, and 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. | ||
(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) Effect 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
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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 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. | ||
(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. | ||
(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. 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. | ||
(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 as | ||
required by law or
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. | ||
(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. 96-409, eff. 1-1-10.)
| ||
Section 10. The Criminal Code of 1961 is amended by | ||
changing Sections 16-1, 16H-50, and 16H-55 and by adding | ||
Section 16H-70 as follows:
| ||
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
|
Sec. 16-1. Theft.
| ||
(a) A person commits theft when he knowingly:
| ||
(1) Obtains or exerts unauthorized control over | ||
property of the
owner; or
| ||
(2) Obtains by deception control over property of the | ||
owner; or
| ||
(3) Obtains by threat control over property of the | ||
owner; or
| ||
(4) Obtains control over stolen property knowing the | ||
property to
have been stolen or under such circumstances as | ||
would
reasonably induce him to believe that the property | ||
was stolen; or
| ||
(5) Obtains or exerts control over property in the | ||
custody of any law
enforcement agency which any law | ||
enforcement officer or any individual acting in behalf of a | ||
law enforcement agency explicitly represents to the person | ||
as being stolen or represents to the person such | ||
circumstances as would reasonably induce the person to | ||
believe that the property was stolen is explicitly | ||
represented to him by any law
enforcement officer or any | ||
individual acting in behalf of a law enforcement
agency as | ||
being stolen , and
| ||
(A) Intends to deprive the owner permanently of the | ||
use or
benefit of the property; or
| ||
(B) Knowingly uses, conceals or abandons the | ||
property in such
manner as to deprive the owner |
permanently of such use or benefit; or
| ||
(C) Uses, conceals, or abandons the property | ||
knowing such use,
concealment or abandonment probably | ||
will deprive the owner permanently
of such use or | ||
benefit.
| ||
(b) Sentence.
| ||
(1) Theft of property not from the person and
not | ||
exceeding $500 in value is a Class A misdemeanor.
| ||
(1.1) Theft of property not from the person and
not | ||
exceeding $500 in value is a Class 4 felony if the theft | ||
was committed in a
school or place of worship or if the | ||
theft was of governmental property.
| ||
(2) A person who has been convicted of theft of | ||
property not from the
person and not exceeding
$500 in | ||
value who has been
previously convicted of any type of | ||
theft, robbery, armed robbery,
burglary, residential | ||
burglary, possession of burglary tools, home
invasion, | ||
forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | ||
4-103.3
of the Illinois Vehicle Code relating to the | ||
possession of a stolen or
converted motor vehicle, or a | ||
violation of Section 8 of the Illinois Credit
Card and | ||
Debit Card Act is guilty of a Class 4 felony. When a person | ||
has any
such prior
conviction, the information or | ||
indictment charging that person shall state
such prior | ||
conviction so as to give notice of the State's intention to
| ||
treat the charge as a felony. The fact of such prior |
conviction is not an
element of the offense and may not be | ||
disclosed to the jury during trial
unless otherwise | ||
permitted by issues properly raised during such trial.
| ||
(3) (Blank).
| ||
(4) Theft of property from the person not exceeding | ||
$500 in value, or
theft of
property exceeding $500 and not | ||
exceeding $10,000 in value, is a
Class 3 felony.
| ||
(4.1) Theft of property from the person not exceeding | ||
$500 in value, or
theft of property exceeding $500 and not | ||
exceeding $10,000 in value, is a Class
2 felony if the | ||
theft was committed in a school or place of worship or if | ||
the theft was of governmental property.
| ||
(5) Theft of property exceeding $10,000 and not | ||
exceeding
$100,000 in value is a Class 2 felony.
| ||
(5.1) Theft of property exceeding $10,000 and not | ||
exceeding $100,000 in
value is a Class 1 felony
if the | ||
theft was committed in a school or place of worship or if | ||
the theft was of governmental property.
| ||
(6) Theft of property exceeding $100,000 and not | ||
exceeding $500,000 in
value is a Class 1 felony.
| ||
(6.1) Theft of property exceeding $100,000 in value is | ||
a Class X felony
if the theft was committed in a school or | ||
place of worship or if the theft was of governmental | ||
property.
| ||
(6.2) Theft of property exceeding $500,000 and not | ||
exceeding $1,000,000 in value is a Class 1
|
non-probationable
felony.
| ||
(6.3) Theft of property exceeding $1,000,000 in value | ||
is a Class X felony.
| ||
(7) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
obtained money or property valued at
$5,000 or more from a | ||
victim 60 years of age or older is a Class 2 felony.
| ||
(8) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 3 felony if the rent payment or | ||
security deposit obtained does not exceed $500. | ||
(9) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 2 felony if the rent payment or | ||
security deposit obtained exceeds $500 and does not exceed | ||
$10,000. | ||
(10) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 1 felony if the rent payment or | ||
security deposit obtained exceeds $10,000 and does not |
exceed $100,000. | ||
(11) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class X felony if the rent payment or | ||
security deposit obtained exceeds $100,000. | ||
(c) When a charge of theft of property exceeding a | ||
specified value
is brought, the value of the property involved | ||
is an element of the offense
to be resolved by the trier of | ||
fact as either exceeding or not exceeding
the specified value.
| ||
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | ||
96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11.)
| ||
(720 ILCS 5/16H-50)
| ||
Sec. 16H-50. Continuing financial crimes enterprise. A | ||
person
commits the offense of a continuing financial crimes | ||
enterprise when the
person knowingly, within an 18 month | ||
period, commits 3 or more
separate offenses constituting any | ||
combination of the following: | ||
(1) an offense under this Article ; , | ||
(2) a felony offense in violation of Section 16A-3 or | ||
paragraph (4) or (5) of subsection (a) of Section 16-1 of this | ||
Code for the purpose of reselling or otherwise re-entering the | ||
merchandise in commerce, including conveying the merchandise | ||
to a merchant in exchange for anything of value; or |
(3) , if involving a financial institution,
any other | ||
felony offense offenses established under this Code.
| ||
(Source: P.A. 93-440, eff. 8-5-03.)
| ||
(720 ILCS 5/16H-55)
| ||
Sec. 16H-55. Organizer of a continuing financial crimes | ||
enterprise.
| ||
(a) A person commits the offense of being an organizer of a | ||
continuing
financial crimes enterprise when the person:
| ||
(1) with the intent to commit an offense under this | ||
Article , agrees with another person to the commission of | ||
any combination of the following offenses on 3 or
more | ||
separate occasions within an 18 month period: | ||
(A) an offense under this Article; | ||
(B) a felony offense in violation of Section 16A-3 | ||
or paragraph (4) or (5) of subsection (a) of Section 16-1 | ||
of this Code for the purpose of reselling or otherwise | ||
re-entering the merchandise in commerce, including | ||
conveying the merchandise to a merchant in exchange for | ||
anything of value; or | ||
(C) , if
involving a financial institution, any | ||
other felony offense established under
this Code , agrees | ||
with another person to the commission of that offense on 3 | ||
or
more separate occasions within an 18 month period , and
| ||
(2) with respect to the other persons within the | ||
conspiracy,
occupies a position of organizer, supervisor, |
or financier or other position of
management.
| ||
(b) The person with whom the accused agreed to commit the 3 | ||
or
more offenses under this Article, or, if involving a | ||
financial institution, any
other felony offenses established | ||
under this Code, need not be the same person
or persons for
| ||
each offense, as long as the accused was a part of the common | ||
scheme or
plan to engage in each of the 3 or more alleged | ||
offenses.
| ||
(Source: P.A. 93-440, eff. 8-5-03.)
| ||
(720 ILCS 5/16H-70 new) | ||
Sec. 16H-70. Forfeiture. Any violation of subdivision (2) | ||
of Section 16H-50 or subdivision (a)(1)(B) of Section 16H-55 of | ||
this Article shall be subject to the remedies, procedures, and | ||
forfeiture as set forth in subsections (f) through (s) of | ||
Section 29B-1 of this Code. |