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Public Act 098-0399 | ||||
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AN ACT concerning criminal law.
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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 Sections 5.2 and 13 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 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. | ||
(3) Exclusions. Except as otherwise provided in | ||
subsections (b)(5), (b)(6), (e), and (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, 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 11-1.50, 12-3.4, 12-15, 12-30, | ||
26-5, or 48-1 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 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 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); | ||
(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: | ||
(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 11-1.50, 12-3.2, or 12-15 of the Criminal | ||
Code of 1961 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 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 5-6-3.3 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, 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); | ||
(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, 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 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)). | ||
(D) Records identified in subsection | ||
(a)(3)(A)(iii) may be sealed after the petitioner has | ||
reached the age of 25 years. | ||
(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 (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, 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. 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 seal felony records pursuant to clause | ||
(c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) 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 and documentation to | ||
support the petition under subsection (e), (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. | ||
(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
| ||
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. | ||
(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 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. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||
96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | ||
7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | ||
eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13; | ||
97-1120, eff. 1-1-13; revised 9-20-12.)
| ||
(20 ILCS 2630/13)
| ||
Sec. 13. Retention and release of sealed records. | ||
(a) The Department of State Police shall retain records | ||
sealed under
subsection (c) ,, or (e-5) of Section 5.2 or | ||
impounded under subparagraph (B) or (B-5) of paragraph (9) of | ||
subsection (d) of Section 5.2 and shall release them only as | ||
authorized by this Act. Felony records sealed under subsection | ||
(c) ,, or (e-5) of Section 5.2 or impounded under subparagraph | ||
(B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2
| ||
shall be used and
disseminated by the Department only as | ||
otherwise specifically required or authorized by a federal or | ||
State law, rule, or regulation that requires inquiry into and | ||
release of criminal records, including, but not limited to, | ||
subsection (A) of Section 3 of this Act. However, all requests | ||
for records that have been expunged, sealed, and impounded and |
the use of those records are subject to the provisions of | ||
Section 2-103 of the Illinois Human Rights Act. Upon
conviction | ||
for any offense, the Department of Corrections shall have
| ||
access to all sealed records of the Department pertaining to | ||
that
individual. | ||
(b) Notwithstanding the foregoing, all sealed or impounded | ||
records are subject to inspection and use by the court and | ||
inspection and use by law enforcement agencies and State's | ||
Attorneys or other prosecutors in carrying out the duties of | ||
their offices.
| ||
(c) The sealed or impounded records maintained under | ||
subsection (a) are exempt from
disclosure under the Freedom of | ||
Information Act. | ||
(d) The Department of State Police shall commence the | ||
sealing of records of felony arrests and felony convictions | ||
pursuant to the provisions of subsection (c) of Section 5.2 of | ||
this Act no later than one year from the date that funds have | ||
been made available for purposes of establishing the | ||
technologies necessary to implement the changes made by this | ||
amendatory Act of the 93rd General Assembly.
| ||
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||
97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; revised 9-20-12.)
| ||
Section 10. The Unified Code of Corrections is amended by | ||
changing Section 3-3-2 as follows:
|
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||
Sec. 3-3-2. Powers and Duties.
| ||
(a) The Parole and Pardon Board is abolished and the term | ||
"Parole and
Pardon Board" as used in any law of Illinois, shall | ||
read "Prisoner Review
Board." After the effective date of this | ||
amendatory Act of 1977, the
Prisoner Review Board shall provide | ||
by rule for the orderly transition of
all files, records, and | ||
documents of the Parole and Pardon Board and for
such other | ||
steps as may be necessary to effect an orderly transition and | ||
shall:
| ||
(1) hear by at least one member and through a panel of | ||
at least 3 members
decide, cases of prisoners
who were | ||
sentenced under the law in effect prior to the effective
| ||
date of this amendatory Act of 1977, and who are eligible | ||
for parole;
| ||
(2) hear by at least one member and through a panel of | ||
at least 3 members decide, the conditions of
parole and the | ||
time of discharge from parole, impose sanctions for
| ||
violations of parole, and revoke
parole for those sentenced | ||
under the law in effect prior to this amendatory
Act of | ||
1977; provided that the decision to parole and the | ||
conditions of
parole for all prisoners who were sentenced | ||
for first degree murder or who
received a minimum sentence | ||
of 20 years or more under the law in effect
prior to | ||
February 1, 1978 shall be determined by a majority vote of | ||
the
Prisoner Review Board. One representative supporting |
parole and one representative opposing parole will be | ||
allowed to speak. Their comments shall be limited to making | ||
corrections and filling in omissions to the Board's | ||
presentation and discussion;
| ||
(3) hear by at least one member and through a panel of | ||
at least 3 members decide, the conditions
of mandatory | ||
supervised release and the time of discharge from mandatory
| ||
supervised release, impose sanctions for violations of | ||
mandatory
supervised release, and revoke mandatory | ||
supervised release for those
sentenced under the law in | ||
effect after the effective date of this
amendatory Act of | ||
1977;
| ||
(3.5) hear by at least one member and through a panel | ||
of at least 3 members decide, the conditions of mandatory | ||
supervised release and the time of discharge from mandatory | ||
supervised release, to impose sanctions for violations of | ||
mandatory supervised release and revoke mandatory | ||
supervised release for those serving extended supervised | ||
release terms pursuant to paragraph (4) of subsection (d) | ||
of Section 5-8-1;
| ||
(4) hear by at least 1 member and through a panel of at | ||
least 3
members,
decide cases brought by the Department of | ||
Corrections against a prisoner in
the custody of the | ||
Department for alleged violation of Department rules
with | ||
respect to sentence credits under Section 3-6-3 of this | ||
Code
in which the Department seeks to revoke sentence |
credits, if the amount
of time at issue exceeds 30 days or | ||
when, during any 12 month period, the
cumulative amount of | ||
credit revoked exceeds 30 days except where the
infraction | ||
is committed or discovered within 60 days of scheduled | ||
release.
In such cases, the Department of Corrections may | ||
revoke up to 30 days of
sentence credit. The Board may | ||
subsequently approve the revocation of
additional sentence | ||
credit, if the Department seeks to revoke sentence credit | ||
in excess of thirty days. However, the Board shall not be
| ||
empowered to review the Department's decision with respect | ||
to the loss of
30 days of sentence credit for any prisoner | ||
or to increase any penalty
beyond the length requested by | ||
the Department;
| ||
(5) hear by at least one member and through a panel of | ||
at least 3
members decide, the
release dates for certain | ||
prisoners sentenced under the law in existence
prior to the | ||
effective date of this amendatory Act of 1977, in
| ||
accordance with Section 3-3-2.1 of this Code;
| ||
(6) hear by at least one member and through a panel of | ||
at least 3 members
decide, all requests for pardon, | ||
reprieve or commutation, and make confidential
| ||
recommendations to the Governor;
| ||
(7) comply with the requirements of the Open Parole | ||
Hearings Act;
| ||
(8) hear by at least one member and, through a panel of | ||
at least 3
members, decide cases brought by the Department |
of Corrections against a
prisoner in the custody of the | ||
Department for court dismissal of a frivolous
lawsuit | ||
pursuant to Section 3-6-3(d) of this Code in which the | ||
Department seeks
to revoke up to 180 days of sentence | ||
credit, and if the prisoner has not
accumulated 180 days of | ||
sentence credit at the time of the dismissal, then
all | ||
sentence credit accumulated by the prisoner shall be | ||
revoked;
| ||
(9) hear by at least 3 members, and, through a panel of | ||
at least 3
members, decide whether to grant certificates of | ||
relief from
disabilities or certificates of good conduct as | ||
provided in Article 5.5 of
Chapter V; and | ||
(10) upon a petition by a person who has been convicted | ||
of a Class 3 or Class 4 felony and who meets the | ||
requirements of this paragraph, hear by at least 3 members | ||
and, with the unanimous vote of a panel of 3 members, issue | ||
a certificate of eligibility for sealing recommending that | ||
the court order the sealing of all official
records of the | ||
arresting authority, the circuit court clerk, and the | ||
Department of State Police concerning the arrest and | ||
conviction for the Class 3 or 4 felony. A person may not | ||
apply to the Board for a certificate of eligibility for | ||
sealing: | ||
(A) until 5 years have elapsed since the expiration | ||
of his or her sentence; | ||
(B) until 5 years have elapsed since any arrests or |
detentions by a law enforcement officer for an alleged | ||
violation of law, other than a petty offense, traffic | ||
offense, conservation offense, or local ordinance | ||
offense; | ||
(C) if convicted of a violation of the Cannabis | ||
Control Act, Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, | ||
the Methamphetamine Precursor Control Act, or the | ||
Methamphetamine Precursor Tracking Act unless the | ||
petitioner has completed a drug abuse program for the | ||
offense on which sealing is sought and provides proof | ||
that he or she has completed the program successfully; | ||
(D) if convicted of: | ||
(i) a sex offense described in Article 11 or | ||
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||
the Criminal Code of 1961; | ||
(ii) aggravated assault; | ||
(iii) aggravated battery; | ||
(iv) domestic battery; | ||
(v) aggravated domestic battery; | ||
(vi) violation of an order of protection; | ||
(vii) an offense under the Criminal Code of | ||
1961 involving a firearm; | ||
(viii) driving while under the influence of | ||
alcohol, other drug or drugs, intoxicating | ||
compound or compounds or any combination thereof; |
(ix) aggravated driving while under the | ||
influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds or any | ||
combination thereof; or | ||
(x) any crime defined as a crime of violence | ||
under Section 2 of the Crime Victims Compensation | ||
Act. | ||
If a person has applied to the Board for a certificate of | ||
eligibility for sealing and the Board denies the certificate, | ||
the person must wait at least 4 years before filing again or | ||
filing for pardon from the Governor unless the Chairman of the | ||
Prisoner Review Board grants a waiver. | ||
The decision to issue or refrain from issuing a certificate | ||
of eligibility for sealing shall be at the Board's sole | ||
discretion, and shall not give rise to any cause of action | ||
against either the Board or its members. | ||
The Board may only authorize the sealing of Class 3 and 4 | ||
felony convictions of the petitioner from one information or | ||
indictment under this paragraph (10). A petitioner may only | ||
receive one certificate of eligibility for sealing under this | ||
provision for life ; and .
| ||
(11) upon a petition by a person who after having been | ||
convicted of a Class 3 or Class 4 felony thereafter served | ||
in the United States Armed Forces or National Guard of this | ||
or any other state and had received an honorable discharge | ||
from the United States Armed Forces or National Guard or |
who at the time of filing the petition is enlisted in the | ||
United States Armed Forces or National Guard of this or any | ||
other state and served one tour of duty and who meets the | ||
requirements of this paragraph, hear by at least 3 members | ||
and, with the unanimous vote of a panel of 3 members, issue | ||
a certificate of eligibility for expungement recommending | ||
that the court order the expungement of all official
| ||
records of the arresting authority, the circuit court | ||
clerk, and the Department of State Police concerning the | ||
arrest and conviction for the Class 3 or 4 felony. A person | ||
may not apply to the Board for a certificate of eligibility | ||
for expungement: | ||
(A) if convicted of: | ||
(i) a sex offense described in Article 11 or | ||
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||
the Criminal Code of 1961 or Criminal Code of 2012; | ||
(ii) an offense under the Criminal Code of 1961 | ||
or Criminal Code of 2012 involving a firearm; or | ||
(iii) a crime of violence as defined in Section | ||
2 of the Crime Victims Compensation Act; or | ||
(B) if the person has not served in the United | ||
States Armed Forces or National Guard of this or any | ||
other state or has not received an honorable discharge | ||
from the United States Armed Forces or National Guard | ||
of this or any other state or who at the time of the | ||
filing of the petition is serving in the United States |
Armed Forces or National Guard of this or any other | ||
state and has not completed one tour of duty. | ||
If a person has applied to the Board for a certificate | ||
of eligibility for expungement and the Board denies the | ||
certificate, the person must wait at least 4 years before | ||
filing again or filing for a pardon with authorization for | ||
expungement from the Governor unless the Governor or | ||
Chairman of the Prisoner Review Board grants a waiver. | ||
(a-5) The Prisoner Review Board, with the cooperation of | ||
and in
coordination with the Department of Corrections and the | ||
Department of Central
Management Services, shall implement a | ||
pilot project in 3 correctional
institutions providing for the | ||
conduct of hearings under paragraphs (1) and
(4)
of subsection | ||
(a) of this Section through interactive video conferences.
The
| ||
project shall be implemented within 6 months after the | ||
effective date of this
amendatory Act of 1996. Within 6 months | ||
after the implementation of the pilot
project, the Prisoner | ||
Review Board, with the cooperation of and in coordination
with | ||
the Department of Corrections and the Department of Central | ||
Management
Services, shall report to the Governor and the | ||
General Assembly regarding the
use, costs, effectiveness, and | ||
future viability of interactive video
conferences for Prisoner | ||
Review Board hearings.
| ||
(b) Upon recommendation of the Department the Board may | ||
restore sentence credit previously revoked.
| ||
(c) The Board shall cooperate with the Department in |
promoting an
effective system of parole and mandatory | ||
supervised release.
| ||
(d) The Board shall promulgate rules for the conduct of its | ||
work,
and the Chairman shall file a copy of such rules and any | ||
amendments
thereto with the Director and with the Secretary of | ||
State.
| ||
(e) The Board shall keep records of all of its official | ||
actions and
shall make them accessible in accordance with law | ||
and the rules of the
Board.
| ||
(f) The Board or one who has allegedly violated the | ||
conditions of
his parole or mandatory supervised release may | ||
require by subpoena the
attendance and testimony of witnesses | ||
and the production of documentary
evidence relating to any | ||
matter under investigation or hearing. The
Chairman of the | ||
Board may sign subpoenas which shall be served by any
agent or | ||
public official authorized by the Chairman of the Board, or by
| ||
any person lawfully authorized to serve a subpoena under the | ||
laws of the
State of Illinois. The attendance of witnesses, and | ||
the production of
documentary evidence, may be required from | ||
any place in the State to a
hearing location in the State | ||
before the Chairman of the Board or his
designated agent or | ||
agents or any duly constituted Committee or
Subcommittee of the | ||
Board. Witnesses so summoned shall be paid the same
fees and | ||
mileage that are paid witnesses in the circuit courts of the
| ||
State, and witnesses whose depositions are taken and the | ||
persons taking
those depositions are each entitled to the same |
fees as are paid for
like services in actions in the circuit | ||
courts of the State. Fees and
mileage shall be vouchered for | ||
payment when the witness is discharged
from further attendance.
| ||
In case of disobedience to a subpoena, the Board may | ||
petition any
circuit court of the State for an order requiring | ||
the attendance and
testimony of witnesses or the production of | ||
documentary evidence or
both. A copy of such petition shall be | ||
served by personal service or by
registered or certified mail | ||
upon the person who has failed to obey the
subpoena, and such | ||
person shall be advised in writing that a hearing
upon the | ||
petition will be requested in a court room to be designated in
| ||
such notice before the judge hearing motions or extraordinary | ||
remedies
at a specified time, on a specified date, not less | ||
than 10 nor more than
15 days after the deposit of the copy of | ||
the written notice and petition
in the U.S. mails addressed to | ||
the person at his last known address or
after the personal | ||
service of the copy of the notice and petition upon
such | ||
person. The court upon the filing of such a petition, may order | ||
the
person refusing to obey the subpoena to appear at an | ||
investigation or
hearing, or to there produce documentary | ||
evidence, if so ordered, or to
give evidence relative to the | ||
subject matter of that investigation or
hearing. Any failure to | ||
obey such order of the circuit court may be
punished by that | ||
court as a contempt of court.
| ||
Each member of the Board and any hearing officer designated | ||
by the
Board shall have the power to administer oaths and to |
take the testimony
of persons under oath.
| ||
(g) Except under subsection (a) of this Section, a majority | ||
of the
members then appointed to the Prisoner Review Board | ||
shall constitute a
quorum for the transaction of all business | ||
of the Board.
| ||
(h) The Prisoner Review Board shall annually transmit to | ||
the
Director a detailed report of its work for the preceding | ||
calendar year.
The annual report shall also be transmitted to | ||
the Governor for
submission to the Legislature.
| ||
(Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12; | ||
97-1120, eff. 1-1-13; revised 9-20-12.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|