Public Act 93-0211

SB788 Enrolled                       LRB093 03211 RLC 03228 b

    AN ACT in relation to courts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Criminal Identification Act is amended by
changing  Section  5  and  adding  Sections 11, 12, and 13 as
follows:

    (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
    Sec. 5. Arrest reports; expungement.
    (a)  All policing bodies of this State shall  furnish  to
the  Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of  all  persons  who
are  arrested  on  charges  of violating any penal statute of
this State for offenses that are classified as  felonies  and
Class  A or B misdemeanors and of all minors of the age of 10
and over who have been arrested for an offense which would be
a felony if committed by  an  adult,  and  may  forward  such
fingerprints and descriptions for minors arrested for Class A
or  B  misdemeanors.   Moving or nonmoving traffic violations
under the Illinois Vehicle Code shall not be reported  except
for  violations  of  Chapter  4, Section 11-204.1, or Section
11-501 of that Code.  In addition, conservation offenses,  as
defined in the Supreme Court Rule 501(c), that are classified
as Class B misdemeanors shall not be reported.
    Whenever  an  adult  or minor prosecuted as an adult, not
having previously been convicted of any criminal  offense  or
municipal  ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is  acquitted
or released without being convicted, whether the acquittal or
release  occurred  before, on, or after the effective date of
this amendatory Act of 1991, 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
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order  that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of  the  defendant 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.  The Department may charge the  petitioner  a  fee
equivalent  to the cost of processing any order to expunge or
seal the records, and the fee shall  be  deposited  into  the
State  Police  Services  Fund.  The records of those arrests,
however, that result in a disposition of supervision for  any
offense  shall  not  be  expunged  from  the  records  of the
arresting authority or the Department nor  impounded  by  the
court   until  2  years  after  discharge  and  dismissal  of
supervision.  Those records that result  from  a  supervision
for  a  violation of Section 3-707, 3-708, 3-710, 5-401.3, or
11-503 of the Illinois Vehicle Code or a similar provision of
a local ordinance, or for  a  violation  of  Section  12-3.2,
12-15  or  16A-3  of  the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410  of
the  Illinois Controlled Substances 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 when the judgment of conviction has been vacated, Section
40-10  of  the Alcoholism and Other Drug Abuse and Dependency
Act when the judgment of  conviction  has  been  vacated,  or
Section  10  of the Steroid Control Act shall not be expunged
from the records of the arresting authority nor impounded  by
the  court  until  5  years after termination of probation or
supervision.  Those records that result  from  a  supervision
for  a  violation  of  Section 11-501 of the Illinois Vehicle
Code or a similar provision of a local ordinance,  shall  not
be expunged.  All records set out above may be ordered by the
court  to  be  expunged  from  the  records  of the arresting
authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court  order
be  sealed  by  the Department and 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.  Upon conviction for
any  offense, the Department of Corrections shall have access
to all sealed records of the Department  pertaining  to  that
individual.
    (a-5)  Those  records  maintained  by  the Department for
persons arrested  prior  to  their  17th  birthday  shall  be
expunged  as  provided in Section 5-915 of the Juvenile Court
Act of 1987.
    (b)  Whenever a person has been convicted of a  crime  or
of  the  violation of a municipal ordinance, in the name of a
person whose identity he has stolen or  otherwise  come  into
possession  of,  the  aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,  upon
learning  of  the  person  having  been  arrested  using  his
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 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 clerk 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 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.  Nothing
in this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors  from  listing
under  an offender's name the false names he or she has used.
For purposes of this  Section,  convictions  for  moving  and
nonmoving  traffic  violations  other  than  convictions  for
violations  of  Chapter 4, Section 11-204.1 or Section 11-501
of the Illinois Vehicle Code shall not be a bar to  expunging
the  record  of  arrest  and court records for violation of a
misdemeanor or municipal ordinance.
    (c)  Whenever a person  who  has  been  convicted  of  an
offense   is   granted   a   pardon  by  the  Governor  which
specifically authorizes expungement, he  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, may 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 clerk of the circuit  court
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 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  clerk  of the circuit court shall promptly
mail a copy of the order to the person who was pardoned.
    (c-5)  Whenever a person has been convicted  of  criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse, or
aggravated  criminal sexual abuse, the victim of that offense
may request that the State's Attorney of the county in  which
the  conviction  occurred  file  a verified petition with the
presiding trial judge at the  defendant's  trial  to  have  a
court  order  entered to seal the records of the clerk of the
circuit court in connection with the proceedings of the trial
court concerning that offense.  However, the records  of  the
arresting  authority  and  the  Department  of  State  Police
concerning  the offense shall not be sealed.  The court, upon
good cause shown, shall make the records of the clerk of  the
circuit court in connection with the proceedings of the trial
court concerning the offense available for public inspection.
    (d)  Notice of the petition for subsections (a), (b), and
(c)  shall  be served upon 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 affecting
the  arrest.   Unless the State's Attorney or prosecutor, the
Department of State Police,  the  arresting  agency  or  such
chief  legal  officer  objects to the petition within 30 days
from the date of the notice, the court shall enter  an  order
granting  or  denying  the  petition.  The clerk of the court
shall promptly mail a copy of the order to  the  person,  the
arresting  agency,  the  prosecutor,  the Department of State
Police and such other criminal justice  agencies  as  may  be
ordered by the judge.
    (e)  Nothing herein 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  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.
    (f)  No court order issued pursuant  to  the  expungement
provisions of this Section shall become final for purposes of
appeal  until  30  days  after  notice  is  received  by  the
Department.   Any  court  order contrary to the provisions of
this Section is void.
    (g)  Except as otherwise provided in subsection (c-5)  of
this  Section,  the  court  shall  not  order  the sealing or
expungement of the arrest records and records of the  circuit
court   clerk  of  any  person  granted  supervision  for  or
convicted of any sexual offense  committed  against  a  minor
under  18  years  of  age.  For the purposes of this Section,
"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.
    (h)  (1)  Notwithstanding any other provision of this Act
to the contrary and cumulative with any rights to expungement
of criminal records, whenever an adult or minor prosecuted as
an adult charged with a violation of a municipal ordinance or
a  misdemeanor  is  acquitted  or  released   without   being
convicted,  or  if the person is convicted but the conviction
is reversed, or if the person has been placed on  supervision
for  a  misdemeanor and has not been convicted of a felony or
misdemeanor or placed on supervision for a misdemeanor within
3 years  after  the  acquittal  or  release  or  reversal  of
conviction,  or the completion of the terms and conditions of
the supervision, if the acquittal, release,  finding  of  not
guilty,  or  reversal  of conviction occurred on or after the
effective date of this amendatory Act  of  the  93rd  General
Assembly,  the Chief Judge of the circuit in which the charge
was brought may have the official records  of  the  arresting
authority, the Department, and the clerk of the circuit court
sealed 3 years after the dismissal of the charge, the finding
of  not guilty, the reversal of conviction, or the completion
of the terms and conditions of the supervision, except  those
records  are  subject  to inspection and use by the court for
the purposes of subsequent  sentencing  for  misdemeanor  and
felony  violations  and inspection and use by law enforcement
agencies  and  State's  Attorneys  or  other  prosecutors  in
carrying out the duties of their offices.    This  subsection
(h)  does not apply to persons placed on supervision for: (1)
a violation of Section 11-501 of the Illinois Vehicle Code or
a similar provision of a local ordinance; (2)  a  misdemeanor
violation  of  Article  11  of the Criminal Code of 1961 or a
similar provision of a local  ordinance;  (3)  a  misdemeanor
violation  of  Section  12-15, 12-30, or 26-5 of the Criminal
Code of 1961 or a similar provision of a local ordinance; (4)
a misdemeanor violation  that  is  a  crime  of  violence  as
defined in Section 2 of the Crime Victims Compensation Act or
a  similar  provision  of  a  local  ordinance; (5) a Class A
misdemeanor violation of the Humane Care for Animals Act;  or
(6)  any  offense  or  attempted offense that would subject a
person to registration under the  Sex  Offender  Registration
Act.
    (2)  Upon acquittal, release without conviction, or being
placed  on  supervision,  the person charged with the offense
shall be informed by the court  of  the  right  to  have  the
records  sealed  and  the  procedures  for the sealing of the
records.  Three years after the dismissal of the charge,  the
finding  of  not  guilty,  the reversal of conviction, or the
completion of the terms and conditions  of  the  supervision,
the  defendant  shall  provide  the clerk of the court with a
notice of request for sealing of records and payment  of  the
applicable  fee  and  a  current  address  and shall promptly
notify the clerk of the court of any change of  address.  The
clerk  shall  promptly serve notice that the person's records
are to be  sealed  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. Unless the State's Attorney  or  prosecutor,  the
Department  of  State  Police,  the  arresting agency or such
chief legal officer objects to sealing of the records  within
90  days of notice the court shall enter an order sealing the
defendant's records  3  years  after  the  dismissal  of  the
charge,   the   finding   of  not  guilty,  the  reversal  of
conviction, or the completion of the terms and conditions  of
the  supervision. The clerk of the court shall promptly serve
by mail or in person a copy of the order to the  person,  the
arresting  agency,  the  prosecutor,  the Department of State
Police and such other criminal justice  agencies  as  may  be
ordered  by  the  judge.  If an objection is filed, the court
shall set a date for hearing. At the hearing the court  shall
hear evidence on whether the sealing of the records should or
should not be granted.
    (3)  The  clerk  may  charge a fee equivalent to the cost
associated with the sealing of records by the clerk  and  the
Department  of  State  Police.  The  clerk  shall forward the
Department  of  State  Police  portion  of  the  fee  to  the
Department and it shall be deposited into  the  State  Police
Services Fund.
    (4)  Whenever  sealing  of records is required under this
subsection (h), the notification of the sealing must be given
by the  circuit  court  where  the  arrest  occurred  to  the
Department in a form and manner prescribed by the Department.
    (5)  An  adult  or a minor prosecuted as an adult who was
charged with a  violation  of  a  municipal  ordinance  or  a
misdemeanor   who   was  acquitted,  released  without  being
convicted, convicted and  the  conviction  was  reversed,  or
placed  on  supervision  for a misdemeanor before the date of
this amendatory Act of the 93rd General Assembly and was  not
convicted of a felony or misdemeanor or placed on supervision
for  a misdemeanor for 3 years after the acquittal or release
or reversal of conviction, or completion  of  the  terms  and
conditions of the supervision may petition the Chief Judge of
the  circuit  in  which  the charge was brought, any judge of
that circuit in which the charge was brought,  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
that  defendant's  trial, to seal the official records of the
arresting authority, the Department, and  the  clerk  of  the
court, except those records are subject to inspection and use
by  the  court  for the purposes of subsequent sentencing for
misdemeanor and felony violations and inspection and  use  by
law  enforcement agencies, the Department of Corrections, and
State's Attorneys and other prosecutors in carrying  out  the
duties  of  their offices. This subsection (h) does not apply
to persons placed on supervision  for:  (1)  a  violation  of
Section  11-501  of  the  Illinois  Vehicle Code or a similar
provision of a local ordinance; (2) a  misdemeanor  violation
of  Article  11  of  the  Criminal  Code of 1961 or a similar
provision of a local ordinance; (3) a  misdemeanor  violation
of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961
or   a   similar  provision  of  a  local  ordinance;  (4)  a
misdemeanor violation that is a crime of violence as  defined
in  Section  2  of  the  Crime  Victims Compensation Act or a
similar provision  of  a  local  ordinance;  (5)  a  Class  A
misdemeanor  violation of the Humane Care for Animals Act; or
(6) any offense or attempted offense  that  would  subject  a
person  to  registration  under the Sex Offender Registration
Act.  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 shall be
served with a copy of the verified petition and shall have 90
days to object. If an objection is filed, the court shall set
a date for hearing. At  the  hearing  the  court  shall  hear
evidence  on  whether  the  sealing  of the records should or
should not be granted. The person whose  records  are  sealed
under  the  provisions  of this Act shall pay to the clerk of
the court and the Department of State Police a fee equivalent
to the cost associated with the sealing of records. The  fees
shall be paid to the clerk of the court who shall forward the
appropriate  portion  to the Department at the time the court
order to seal the defendant's  record  is  forwarded  to  the
Department  for  processing.  The  Department of State Police
portion of the fee shall be deposited into the  State  Police
Services Fund.
    (i)  (1)  Notwithstanding any other provision of this Act
to the contrary and cumulative with any rights to expungement
of criminal records, whenever an adult or minor prosecuted as
an adult charged with a violation of a municipal ordinance or
a misdemeanor is convicted of a misdemeanor and has not  been
convicted of a felony or misdemeanor or placed on supervision
for  a misdemeanor within 4 years after the completion of the
sentence,  if  the  conviction  occurred  on  or  after   the
effective  date  of  this  amendatory Act of the 93rd General
Assembly, the Chief Judge of the circuit in which the  charge
was  brought  may  have the official records of the arresting
authority, the Department, and the clerk of the circuit court
sealed 4 years after the completion of the  sentence,  except
those  records are subject to inspection and use by the court
for the purposes of subsequent sentencing for misdemeanor and
felony violations and inspection and use by  law  enforcement
agencies  and  State's  Attorneys  or  other  prosecutors  in
carrying  out  the  duties of their offices.  This subsection
(i) does not apply to persons convicted of: (1)  a  violation
of  Section  11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance; (2) a  misdemeanor  violation
of  Article  11  of  the  Criminal  Code of 1961 or a similar
provision of a local ordinance; (3) a  misdemeanor  violation
of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961
or   a   similar  provision  of  a  local  ordinance;  (4)  a
misdemeanor violation that is a crime of violence as  defined
in  Section  2  of  the  Crime  Victims Compensation Act or a
similar provision  of  a  local  ordinance;  (5)  a  Class  A
misdemeanor  violation of the Humane Care for Animals Act; or
(6) any offense or attempted offense  that  would  subject  a
person  to  registration  under the Sex Offender Registration
Act.
    (2)  Upon the conviction  of  such  offense,  the  person
charged  with  the  offense shall be informed by the court of
the right to have the records sealed and the  procedures  for
the  sealing of the records.  Four years after the completion
of the sentence, the defendant shall provide the clerk of the
court with a notice of request for  sealing  of  records  and
payment of the applicable fee and a current address and shall
promptly  notify  the  clerk  of  the  court of any change of
address. The clerk  shall  promptly  serve  notice  that  the
person's  records are to be sealed 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. Unless the State's Attorney  or  prosecutor,  the
Department  of  State  Police,  the  arresting agency or such
chief legal officer objects to sealing of the records  within
90  days of notice the court shall enter an order sealing the
defendant's records 4  years  after  the  completion  of  the
sentence. The clerk of the court shall promptly serve by mail
or in person a copy of the order to the person, the arresting
agency,  the  prosecutor,  the Department of State Police and
such other criminal justice agencies as may be ordered by the
judge. If an objection is filed, the court shall set  a  date
for  hearing. At the hearing the court shall hear evidence on
whether the sealing of the records should or  should  not  be
granted.
    (3)  The  clerk  may  charge a fee equivalent to the cost
associated with the sealing of records by the clerk  and  the
Department  of  State  Police.  The  clerk  shall forward the
Department  of  State  Police  portion  of  the  fee  to  the
Department and it shall be deposited into  the  State  Police
Services Fund.
    (4)  Whenever  sealing  of records is required under this
subsection (i), the notification of the sealing must be given
by the  circuit  court  where  the  arrest  occurred  to  the
Department in a form and manner prescribed by the Department.
    (5)  An  adult  or a minor prosecuted as an adult who was
charged with a  violation  of  a  municipal  ordinance  or  a
misdemeanor  who  was  convicted  of a misdemeanor before the
date of this amendatory Act of the 93rd General Assembly  and
was  not  convicted  of  a felony or misdemeanor or placed on
supervision  for  a  misdemeanor  for  4  years   after   the
completion  of  the  sentence may petition the Chief Judge of
the circuit in which the charge was  brought,  any  judge  of
that  circuit  in  which the charge was brought, 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
that defendant's trial, to seal the official records  of  the
arresting  authority,  the  Department,  and the clerk of the
court, except those records are subject to inspection and use
by the court for the purposes of  subsequent  sentencing  for
misdemeanor  and  felony violations and inspection and use by
law enforcement agencies, the Department of Corrections,  and
State's  Attorneys  and other prosecutors in carrying out the
duties of their offices. This subsection (i) does  not  apply
to persons convicted of: (1) a violation of Section 11-501 of
the  Illinois  Vehicle Code or a similar provision of a local
ordinance; (2) a misdemeanor violation of Article 11  of  the
Criminal  Code  of  1961  or  a  similar provision of a local
ordinance; (3) a  misdemeanor  violation  of  Section  12-15,
12-30,  or  26-5  of  the  Criminal Code of 1961 or a similar
provision of a local ordinance; (4) a  misdemeanor  violation
that  is  a  crime of violence as defined in Section 2 of the
Crime Victims Compensation Act or a similar  provision  of  a
local  ordinance;  (5) a Class A misdemeanor violation of the
Humane Care for Animals Act; or (6) any offense or  attempted
offense that would subject a person to registration under the
Sex  Offender  Registration  Act.    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 shall be  served  with  a  copy  of  the  verified
petition and shall have 90 days to object. If an objection is
filed, the court shall set a date for hearing. At the hearing
the  court  shall hear evidence on whether the sealing of the
records should or should not be  granted.  The  person  whose
records are sealed under the provisions of this Act shall pay
to  the clerk of the court and the Department of State Police
a fee equivalent to the cost associated with the  sealing  of
records. The fees shall be paid to the clerk of the court who
shall  forward  the  appropriate portion to the Department at
the time the court order to seal the  defendant's  record  is
forwarded to the Department for processing. The Department of
State  Police  portion of the fee shall be deposited into the
State Police Services Fund.
(Source: P.A. 91-295,  eff.  1-1-00;  91-357,  eff.  7-29-99;
92-651, eff. 7-11-02.)

    (20 ILCS 2630/11 new)
    Sec.  11.  Legal  assistance  and  education.  Subject to
appropriation, the State Appellate Defender shall  establish,
maintain,  and carry out a sealing and expungement program to
provide information to persons eligible to have their  arrest
or criminal history records expunged or sealed.

    (20 ILCS 2630/12 new)
    Sec.  12.  Entry  of  order;  effect  of  expungement  or
sealing.
    (a)  Except with respect to law enforcement agencies, the
Department   of  Corrections,  State's  Attorneys,  or  other
prosecutors,  an  expunged  or  sealed  record  may  not   be
considered  by  any  private  or  public entity in employment
matters,    certification,    licensing,    revocation     of
certification or licensure, or registration. Applications for
employment  must  contain specific language which states that
the applicant is not obligated to disclose sealed or expunged
records of conviction or arrest. Employers may not ask if  an
applicant has had records expunged or sealed.
    (b)  A  person whose records have been sealed or expunged
is not entitled to remission of any fines,  costs,  or  other
money  paid  as  a consequence of the sealing or expungement.
This amendatory Act of the 93rd  General  Assembly  does  not
affect  the  right  of  the victim of a crime to prosecute or
defend a civil action for damages. Persons engaged  in  civil
litigation  involving  criminal records that have been sealed
may petition the court to open the records  for  the  limited
purpose of using them in the course of litigation.

    (20 ILCS 2630/13 new)
    Sec. 13.  Prohibited conduct; misdemeanor; penalty.
    (a)  The  Department of State Police shall retain records
sealed under subsections (h) and (i) of Section 5. The sealed
records shall be used and disseminated by the Department only
as allowed by law.  Upon  conviction  for  any  offense,  the
Department  of  Corrections  shall  have access to all sealed
records of the Department pertaining to that individual.
    (b)  The sealed records maintained under  subsection  (a)
are  exempt  from disclosure under the Freedom of Information
Act.