100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4139

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Provides that notwithstanding the eligibility requirements regarding expungement, a petitioner is eligible to petition the circuit court to expunge all records that have been sealed 3 years after the petitioner is granted sealing if the petitioner has not been arrested or has not had one or more criminal convictions between the court granting sealing and the filing of the petition for relief.


LRB100 15355 SLF 30328 b

 

 

A BILL FOR

 

HB4139LRB100 15355 SLF 30328 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement, sealing, and immediate sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

HB4139- 2 -LRB100 15355 SLF 30328 b

1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

HB4139- 3 -LRB100 15355 SLF 30328 b

1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

HB4139- 4 -LRB100 15355 SLF 30328 b

1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21        of the Unified Code of Corrections, Section
22        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23        those provisions existed before their deletion by
24        Public Act 89-313), Section 10-102 of the Illinois
25        Alcoholism and Other Drug Dependency Act, Section
26        40-10 of the Alcoholism and Other Drug Abuse and

 

 

HB4139- 5 -LRB100 15355 SLF 30328 b

1        Dependency Act, or Section 10 of the Steroid Control
2        Act. For the purpose of this Section, "successful
3        completion" of an order of qualified probation under
4        Section 10-102 of the Illinois Alcoholism and Other
5        Drug Dependency Act and Section 40-10 of the Alcoholism
6        and Other Drug Abuse and Dependency Act means that the
7        probation was terminated satisfactorily and the
8        judgment of conviction was vacated.
9            (K) "Seal" means to physically and electronically
10        maintain the records, unless the records would
11        otherwise be destroyed due to age, but to make the
12        records unavailable without a court order, subject to
13        the exceptions in Sections 12 and 13 of this Act. The
14        petitioner's name shall also be obliterated from the
15        official index required to be kept by the circuit court
16        clerk under Section 16 of the Clerks of Courts Act, but
17        any index issued by the circuit court clerk before the
18        entry of the order to seal shall not be affected.
19            (L) "Sexual offense committed against a minor"
20        includes but is not limited to the offenses of indecent
21        solicitation of a child or criminal sexual abuse when
22        the victim of such offense is under 18 years of age.
23            (M) "Terminate" as it relates to a sentence or
24        order of supervision or qualified probation includes
25        either satisfactory or unsatisfactory termination of
26        the sentence, unless otherwise specified in this

 

 

HB4139- 6 -LRB100 15355 SLF 30328 b

1        Section.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (2.5) Commencing 180 days after July 29, 2016 (the
7    effective date of Public Act 99-697), the law enforcement
8    agency issuing the citation shall automatically expunge,
9    on or before January 1 and July 1 of each year, the law
10    enforcement records of a person found to have committed a
11    civil law violation of subsection (a) of Section 4 of the
12    Cannabis Control Act or subsection (c) of Section 3.5 of
13    the Drug Paraphernalia Control Act in the law enforcement
14    agency's possession or control and which contains the final
15    satisfactory disposition which pertain to the person
16    issued a citation for that offense. The law enforcement
17    agency shall provide by rule the process for access,
18    review, and to confirm the automatic expungement by the law
19    enforcement agency issuing the citation. Commencing 180
20    days after July 29, 2016 (the effective date of Public Act
21    99-697), the clerk of the circuit court shall expunge, upon
22    order of the court, or in the absence of a court order on
23    or before January 1 and July 1 of each year, the court
24    records of a person found in the circuit court to have
25    committed a civil law violation of subsection (a) of
26    Section 4 of the Cannabis Control Act or subsection (c) of

 

 

HB4139- 7 -LRB100 15355 SLF 30328 b

1    Section 3.5 of the Drug Paraphernalia Control Act in the
2    clerk's possession or control and which contains the final
3    satisfactory disposition which pertain to the person
4    issued a citation for any of those offenses.
5        (3) Exclusions. Except as otherwise provided in
6    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
7    of this Section, the court shall not order:
8            (A) the sealing or expungement of the records of
9        arrests or charges not initiated by arrest that result
10        in an order of supervision for or conviction of: (i)
11        any sexual offense committed against a minor; (ii)
12        Section 11-501 of the Illinois Vehicle Code or a
13        similar provision of a local ordinance; or (iii)
14        Section 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance, unless the
16        arrest or charge is for a misdemeanor violation of
17        subsection (a) of Section 11-503 or a similar provision
18        of a local ordinance, that occurred prior to the
19        offender reaching the age of 25 years and the offender
20        has no other conviction for violating Section 11-501 or
21        11-503 of the Illinois Vehicle Code or a similar
22        provision of a local ordinance.
23            (B) the sealing or expungement of records of minor
24        traffic offenses (as defined in subsection (a)(1)(G)),
25        unless the petitioner was arrested and released
26        without charging.

 

 

HB4139- 8 -LRB100 15355 SLF 30328 b

1            (C) the sealing of the records of arrests or
2        charges not initiated by arrest which result in an
3        order of supervision or a conviction for the following
4        offenses:
5                (i) offenses included in Article 11 of the
6            Criminal Code of 1961 or the Criminal Code of 2012
7            or a similar provision of a local ordinance, except
8            Section 11-14 and a misdemeanor violation of
9            Section 11-30 of the Criminal Code of 1961 or the
10            Criminal Code of 2012, or a similar provision of a
11            local ordinance;
12                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
13            26-5, or 48-1 of the Criminal Code of 1961 or the
14            Criminal Code of 2012, or a similar provision of a
15            local ordinance;
16                (iii) Sections 12-3.1 or 12-3.2 of the
17            Criminal Code of 1961 or the Criminal Code of 2012,
18            or Section 125 of the Stalking No Contact Order
19            Act, or Section 219 of the Civil No Contact Order
20            Act, or a similar provision of a local ordinance;
21                (iv) Class A misdemeanors or felony offenses
22            under the Humane Care for Animals Act; or
23                (v) any offense or attempted offense that
24            would subject a person to registration under the
25            Sex Offender Registration Act.
26            (D) (blank).

 

 

HB4139- 9 -LRB100 15355 SLF 30328 b

1    (b) Expungement.
2        (1) A petitioner may petition the circuit court to
3    expunge the records of his or her arrests and charges not
4    initiated by arrest when each arrest or charge not
5    initiated by arrest sought to be expunged resulted in: (i)
6    acquittal, dismissal, or the petitioner's release without
7    charging, unless excluded by subsection (a)(3)(B); (ii) a
8    conviction which was vacated or reversed, unless excluded
9    by subsection (a)(3)(B); (iii) an order of supervision and
10    such supervision was successfully completed by the
11    petitioner, unless excluded by subsection (a)(3)(A) or
12    (a)(3)(B); or (iv) an order of qualified probation (as
13    defined in subsection (a)(1)(J)) and such probation was
14    successfully completed by the petitioner.
15        (1.1) Notwithstanding the eligibility requirements of
16    this subsection (b), a petitioner is eligible to petition
17    the circuit court to expunge all records that have been
18    sealed under subsection (c) or (g) of this Section 3 years
19    after the petitioner is granted sealing. This paragraph
20    (1.1) shall only apply to a petitioner who has not been
21    arrested or has not had one or more criminal convictions
22    between the court granting sealing and the filing of the
23    petition for relief.
24        (1.5) When a petitioner seeks to have a record of
25    arrest expunged under this Section, and the offender has
26    been convicted of a criminal offense, the State's Attorney

 

 

HB4139- 10 -LRB100 15355 SLF 30328 b

1    may object to the expungement on the grounds that the
2    records contain specific relevant information aside from
3    the mere fact of the arrest.
4        (2) Time frame for filing a petition to expunge.
5            (A) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an acquittal,
7        dismissal, the petitioner's release without charging,
8        or the reversal or vacation of a conviction, there is
9        no waiting period to petition for the expungement of
10        such records.
11            (B) When the arrest or charge not initiated by
12        arrest sought to be expunged resulted in an order of
13        supervision, successfully completed by the petitioner,
14        the following time frames will apply:
15                (i) Those arrests or charges that resulted in
16            orders of supervision under Section 3-707, 3-708,
17            3-710, or 5-401.3 of the Illinois Vehicle Code or a
18            similar provision of a local ordinance, or under
19            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
20            Code of 1961 or the Criminal Code of 2012, or a
21            similar provision of a local ordinance, shall not
22            be eligible for expungement until 5 years have
23            passed following the satisfactory termination of
24            the supervision.
25                (i-5) Those arrests or charges that resulted
26            in orders of supervision for a misdemeanor

 

 

HB4139- 11 -LRB100 15355 SLF 30328 b

1            violation of subsection (a) of Section 11-503 of
2            the Illinois Vehicle Code or a similar provision of
3            a local ordinance, that occurred prior to the
4            offender reaching the age of 25 years and the
5            offender has no other conviction for violating
6            Section 11-501 or 11-503 of the Illinois Vehicle
7            Code or a similar provision of a local ordinance
8            shall not be eligible for expungement until the
9            petitioner has reached the age of 25 years.
10                (ii) Those arrests or charges that resulted in
11            orders of supervision for any other offenses shall
12            not be eligible for expungement until 2 years have
13            passed following the satisfactory termination of
14            the supervision.
15            (C) When the arrest or charge not initiated by
16        arrest sought to be expunged resulted in an order of
17        qualified probation, successfully completed by the
18        petitioner, such records shall not be eligible for
19        expungement until 5 years have passed following the
20        satisfactory termination of the probation.
21        (3) Those records maintained by the Department for
22    persons arrested prior to their 17th birthday shall be
23    expunged as provided in Section 5-915 of the Juvenile Court
24    Act of 1987.
25        (4) Whenever a person has been arrested for or
26    convicted of any offense, in the name of a person whose

 

 

HB4139- 12 -LRB100 15355 SLF 30328 b

1    identity he or she has stolen or otherwise come into
2    possession of, the aggrieved person from whom the identity
3    was stolen or otherwise obtained without authorization,
4    upon learning of the person having been arrested using his
5    or her identity, may, upon verified petition to the chief
6    judge of the circuit wherein the arrest was made, have a
7    court order entered nunc pro tunc by the Chief Judge to
8    correct the arrest record, conviction record, if any, and
9    all official records of the arresting authority, the
10    Department, other criminal justice agencies, the
11    prosecutor, and the trial court concerning such arrest, if
12    any, by removing his or her name from all such records in
13    connection with the arrest and conviction, if any, and by
14    inserting in the records the name of the offender, if known
15    or ascertainable, in lieu of the aggrieved's name. The
16    records of the circuit court clerk shall be sealed until
17    further order of the court upon good cause shown and the
18    name of the aggrieved person obliterated on the official
19    index required to be kept by the circuit court clerk under
20    Section 16 of the Clerks of Courts Act, but the order shall
21    not affect any index issued by the circuit court clerk
22    before the entry of the order. Nothing in this Section
23    shall limit the Department of State Police or other
24    criminal justice agencies or prosecutors from listing
25    under an offender's name the false names he or she has
26    used.

 

 

HB4139- 13 -LRB100 15355 SLF 30328 b

1        (5) Whenever a person has been convicted of criminal
2    sexual assault, aggravated criminal sexual assault,
3    predatory criminal sexual assault of a child, criminal
4    sexual abuse, or aggravated criminal sexual abuse, the
5    victim of that offense may request that the State's
6    Attorney of the county in which the conviction occurred
7    file a verified petition with the presiding trial judge at
8    the petitioner's trial to have a court order entered to
9    seal the records of the circuit court clerk in connection
10    with the proceedings of the trial court concerning that
11    offense. However, the records of the arresting authority
12    and the Department of State Police concerning the offense
13    shall not be sealed. The court, upon good cause shown,
14    shall make the records of the circuit court clerk in
15    connection with the proceedings of the trial court
16    concerning the offense available for public inspection.
17        (6) If a conviction has been set aside on direct review
18    or on collateral attack and the court determines by clear
19    and convincing evidence that the petitioner was factually
20    innocent of the charge, the court that finds the petitioner
21    factually innocent of the charge shall enter an expungement
22    order for the conviction for which the petitioner has been
23    determined to be innocent as provided in subsection (b) of
24    Section 5-5-4 of the Unified Code of Corrections.
25        (7) Nothing in this Section shall prevent the
26    Department of State Police from maintaining all records of

 

 

HB4139- 14 -LRB100 15355 SLF 30328 b

1    any person who is admitted to probation upon terms and
2    conditions and who fulfills those terms and conditions
3    pursuant to Section 10 of the Cannabis Control Act, Section
4    410 of the Illinois Controlled Substances Act, Section 70
5    of the Methamphetamine Control and Community Protection
6    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
7    Corrections, Section 12-4.3 or subdivision (b)(1) of
8    Section 12-3.05 of the Criminal Code of 1961 or the
9    Criminal Code of 2012, Section 10-102 of the Illinois
10    Alcoholism and Other Drug Dependency Act, Section 40-10 of
11    the Alcoholism and Other Drug Abuse and Dependency Act, or
12    Section 10 of the Steroid Control Act.
13        (8) If the petitioner has been granted a certificate of
14    innocence under Section 2-702 of the Code of Civil
15    Procedure, the court that grants the certificate of
16    innocence shall also enter an order expunging the
17    conviction for which the petitioner has been determined to
18    be innocent as provided in subsection (h) of Section 2-702
19    of the Code of Civil Procedure.
20    (c) Sealing.
21        (1) Applicability. Notwithstanding any other provision
22    of this Act to the contrary, and cumulative with any rights
23    to expungement of criminal records, this subsection
24    authorizes the sealing of criminal records of adults and of
25    minors prosecuted as adults. Subsection (g) of this Section
26    provides for immediate sealing of certain records.

 

 

HB4139- 15 -LRB100 15355 SLF 30328 b

1        (2) Eligible Records. The following records may be
2    sealed:
3            (A) All arrests resulting in release without
4        charging;
5            (B) Arrests or charges not initiated by arrest
6        resulting in acquittal, dismissal, or conviction when
7        the conviction was reversed or vacated, except as
8        excluded by subsection (a)(3)(B);
9            (C) Arrests or charges not initiated by arrest
10        resulting in orders of supervision, including orders
11        of supervision for municipal ordinance violations,
12        successfully completed by the petitioner, unless
13        excluded by subsection (a)(3);
14            (D) Arrests or charges not initiated by arrest
15        resulting in convictions, including convictions on
16        municipal ordinance violations, unless excluded by
17        subsection (a)(3);
18            (E) Arrests or charges not initiated by arrest
19        resulting in orders of first offender probation under
20        Section 10 of the Cannabis Control Act, Section 410 of
21        the Illinois Controlled Substances Act, Section 70 of
22        the Methamphetamine Control and Community Protection
23        Act, or Section 5-6-3.3 of the Unified Code of
24        Corrections; and
25            (F) Arrests or charges not initiated by arrest
26        resulting in felony convictions unless otherwise

 

 

HB4139- 16 -LRB100 15355 SLF 30328 b

1        excluded by subsection (a) paragraph (3) of this
2        Section.
3        (3) When Records Are Eligible to Be Sealed. Records
4    identified as eligible under subsection (c)(2) may be
5    sealed as follows:
6            (A) Records identified as eligible under
7        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
8        time.
9            (B) Except as otherwise provided in subparagraph
10        (E) of this paragraph (3), records identified as
11        eligible under subsection (c)(2)(C) may be sealed 2
12        years after the termination of petitioner's last
13        sentence (as defined in subsection (a)(1)(F)).
14            (C) Except as otherwise provided in subparagraph
15        (E) of this paragraph (3), records identified as
16        eligible under subsections (c)(2)(D), (c)(2)(E), and
17        (c)(2)(F) may be sealed 3 years after the termination
18        of the petitioner's last sentence (as defined in
19        subsection (a)(1)(F)). Convictions requiring public
20        registration under the Arsonist Registration Act, the
21        Sex Offender Registration Act, or the Murderer and
22        Violent Offender Against Youth Registration Act may
23        not be sealed until the petitioner is no longer
24        required to register under that relevant Act.
25            (D) Records identified in subsection
26        (a)(3)(A)(iii) may be sealed after the petitioner has

 

 

HB4139- 17 -LRB100 15355 SLF 30328 b

1        reached the age of 25 years.
2            (E) Records identified as eligible under
3        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
4        (c)(2)(F) may be sealed upon termination of the
5        petitioner's last sentence if the petitioner earned a
6        high school diploma, associate's degree, career
7        certificate, vocational technical certification, or
8        bachelor's degree, or passed the high school level Test
9        of General Educational Development, during the period
10        of his or her sentence, aftercare release, or mandatory
11        supervised release. This subparagraph shall apply only
12        to a petitioner who has not completed the same
13        educational goal prior to the period of his or her
14        sentence, aftercare release, or mandatory supervised
15        release. If a petition for sealing eligible records
16        filed under this subparagraph is denied by the court,
17        the time periods under subparagraph (B) or (C) shall
18        apply to any subsequent petition for sealing filed by
19        the petitioner.
20        (4) Subsequent felony convictions. A person may not
21    have subsequent felony conviction records sealed as
22    provided in this subsection (c) if he or she is convicted
23    of any felony offense after the date of the sealing of
24    prior felony convictions as provided in this subsection
25    (c). The court may, upon conviction for a subsequent felony
26    offense, order the unsealing of prior felony conviction

 

 

HB4139- 18 -LRB100 15355 SLF 30328 b

1    records previously ordered sealed by the court.
2        (5) Notice of eligibility for sealing. Upon entry of a
3    disposition for an eligible record under this subsection
4    (c), the petitioner shall be informed by the court of the
5    right to have the records sealed and the procedures for the
6    sealing of the records.
7    (d) Procedure. The following procedures apply to
8expungement under subsections (b), (e), and (e-6) and sealing
9under subsections (c) and (e-5):
10        (1) Filing the petition. Upon becoming eligible to
11    petition for the expungement or sealing of records under
12    this Section, the petitioner shall file a petition
13    requesting the expungement or sealing of records with the
14    clerk of the court where the arrests occurred or the
15    charges were brought, or both. If arrests occurred or
16    charges were brought in multiple jurisdictions, a petition
17    must be filed in each such jurisdiction. The petitioner
18    shall pay the applicable fee, except no fee shall be
19    required if the petitioner has obtained a court order
20    waiving fees under Supreme Court Rule 298 or it is
21    otherwise waived.
22        (1.5) County fee waiver pilot program. In a county of
23    3,000,000 or more inhabitants, no fee shall be required to
24    be paid by a petitioner if the records sought to be
25    expunged or sealed were arrests resulting in release
26    without charging or arrests or charges not initiated by

 

 

HB4139- 19 -LRB100 15355 SLF 30328 b

1    arrest resulting in acquittal, dismissal, or conviction
2    when the conviction was reversed or vacated, unless
3    excluded by subsection (a)(3)(B). The provisions of this
4    paragraph (1.5), other than this sentence, are inoperative
5    on and after January 1, 2019 or one year after January 1,
6    2017 (the effective date of Public Act 99-881), whichever
7    is later.
8        (2) Contents of petition. The petition shall be
9    verified and shall contain the petitioner's name, date of
10    birth, current address and, for each arrest or charge not
11    initiated by arrest sought to be sealed or expunged, the
12    case number, the date of arrest (if any), the identity of
13    the arresting authority, and such other information as the
14    court may require. During the pendency of the proceeding,
15    the petitioner shall promptly notify the circuit court
16    clerk of any change of his or her address. If the
17    petitioner has received a certificate of eligibility for
18    sealing from the Prisoner Review Board under paragraph (10)
19    of subsection (a) of Section 3-3-2 of the Unified Code of
20    Corrections, the certificate shall be attached to the
21    petition.
22        (3) Drug test. The petitioner must attach to the
23    petition proof that the petitioner has passed a test taken
24    within 30 days before the filing of the petition showing
25    the absence within his or her body of all illegal
26    substances as defined by the Illinois Controlled

 

 

HB4139- 20 -LRB100 15355 SLF 30328 b

1    Substances Act, the Methamphetamine Control and Community
2    Protection Act, and the Cannabis Control Act if he or she
3    is petitioning to:
4            (A) seal felony records under clause (c)(2)(E);
5            (B) seal felony records for a violation of the
6        Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        or the Cannabis Control Act under clause (c)(2)(F);
9            (C) seal felony records under subsection (e-5); or
10            (D) expunge felony records of a qualified
11        probation under clause (b)(1)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e-5) or (e-6) on the
15    State's Attorney or prosecutor charged with the duty of
16    prosecuting the offense, the Department of State Police,
17    the arresting agency and the chief legal officer of the
18    unit of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection. Whenever a person who has been
25        convicted of an offense is granted a pardon by the
26        Governor which specifically authorizes expungement, an

 

 

HB4139- 21 -LRB100 15355 SLF 30328 b

1        objection to the petition may not be filed.
2            (B) Objections to a petition to expunge or seal
3        must be filed within 60 days of the date of service of
4        the petition.
5        (6) Entry of order.
6            (A) The Chief Judge of the circuit wherein the
7        charge was brought, any judge of that circuit
8        designated by the Chief Judge, or in counties of less
9        than 3,000,000 inhabitants, the presiding trial judge
10        at the petitioner's trial, if any, shall rule on the
11        petition to expunge or seal as set forth in this
12        subsection (d)(6).
13            (B) Unless the State's Attorney or prosecutor, the
14        Department of State Police, the arresting agency, or
15        the chief legal officer files an objection to the
16        petition to expunge or seal within 60 days from the
17        date of service of the petition, the court shall enter
18        an order granting or denying the petition.
19        (7) Hearings. If an objection is filed, the court shall
20    set a date for a hearing and notify the petitioner and all
21    parties entitled to notice of the petition of the hearing
22    date at least 30 days prior to the hearing. Prior to the
23    hearing, the State's Attorney shall consult with the
24    Department as to the appropriateness of the relief sought
25    in the petition to expunge or seal. At the hearing, the
26    court shall hear evidence on whether the petition should or

 

 

HB4139- 22 -LRB100 15355 SLF 30328 b

1    should not be granted, and shall grant or deny the petition
2    to expunge or seal the records based on the evidence
3    presented at the hearing. The court may consider the
4    following:
5            (A) the strength of the evidence supporting the
6        defendant's conviction;
7            (B) the reasons for retention of the conviction
8        records by the State;
9            (C) the petitioner's age, criminal record history,
10        and employment history;
11            (D) the period of time between the petitioner's
12        arrest on the charge resulting in the conviction and
13        the filing of the petition under this Section; and
14            (E) the specific adverse consequences the
15        petitioner may be subject to if the petition is denied.
16        (8) Service of order. After entering an order to
17    expunge or seal records, the court must provide copies of
18    the order to the Department, in a form and manner
19    prescribed by the Department, to the petitioner, to the
20    State's Attorney or prosecutor charged with the duty of
21    prosecuting the offense, to the arresting agency, to the
22    chief legal officer of the unit of local government
23    effecting the arrest, and to such other criminal justice
24    agencies as may be ordered by the court.
25        (9) Implementation of order.
26            (A) Upon entry of an order to expunge records

 

 

HB4139- 23 -LRB100 15355 SLF 30328 b

1        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
2                (i) the records shall be expunged (as defined
3            in subsection (a)(1)(E)) by the arresting agency,
4            the Department, and any other agency as ordered by
5            the court, within 60 days of the date of service of
6            the order, unless a motion to vacate, modify, or
7            reconsider the order is filed pursuant to
8            paragraph (12) of subsection (d) of this Section;
9                (ii) the records of the circuit court clerk
10            shall be impounded until further order of the court
11            upon good cause shown and the name of the
12            petitioner obliterated on the official index
13            required to be kept by the circuit court clerk
14            under Section 16 of the Clerks of Courts Act, but
15            the order shall not affect any index issued by the
16            circuit court clerk before the entry of the order;
17            and
18                (iii) in response to an inquiry for expunged
19            records, the court, the Department, or the agency
20            receiving such inquiry, shall reply as it does in
21            response to inquiries when no records ever
22            existed.
23            (B) Upon entry of an order to expunge records
24        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
25                (i) the records shall be expunged (as defined
26            in subsection (a)(1)(E)) by the arresting agency

 

 

HB4139- 24 -LRB100 15355 SLF 30328 b

1            and any other agency as ordered by the court,
2            within 60 days of the date of service of the order,
3            unless a motion to vacate, modify, or reconsider
4            the order is filed pursuant to paragraph (12) of
5            subsection (d) of this Section;
6                (ii) the records of the circuit court clerk
7            shall be impounded until further order of the court
8            upon good cause shown and the name of the
9            petitioner obliterated on the official index
10            required to be kept by the circuit court clerk
11            under Section 16 of the Clerks of Courts Act, but
12            the order shall not affect any index issued by the
13            circuit court clerk before the entry of the order;
14                (iii) the records shall be impounded by the
15            Department within 60 days of the date of service of
16            the order as ordered by the court, unless a motion
17            to vacate, modify, or reconsider the order is filed
18            pursuant to paragraph (12) of subsection (d) of
19            this Section;
20                (iv) records impounded by the Department may
21            be disseminated by the Department only as required
22            by law or to the arresting authority, the State's
23            Attorney, and the court upon a later arrest for the
24            same or a similar offense or for the purpose of
25            sentencing for any subsequent felony, and to the
26            Department of Corrections upon conviction for any

 

 

HB4139- 25 -LRB100 15355 SLF 30328 b

1            offense; and
2                (v) in response to an inquiry for such records
3            from anyone not authorized by law to access such
4            records, the court, the Department, or the agency
5            receiving such inquiry shall reply as it does in
6            response to inquiries when no records ever
7            existed.
8            (B-5) Upon entry of an order to expunge records
9        under subsection (e-6):
10                (i) the records shall be expunged (as defined
11            in subsection (a)(1)(E)) by the arresting agency
12            and any other agency as ordered by the court,
13            within 60 days of the date of service of the order,
14            unless a motion to vacate, modify, or reconsider
15            the order is filed under paragraph (12) of
16            subsection (d) of this Section;
17                (ii) the records of the circuit court clerk
18            shall be impounded until further order of the court
19            upon good cause shown and the name of the
20            petitioner obliterated on the official index
21            required to be kept by the circuit court clerk
22            under Section 16 of the Clerks of Courts Act, but
23            the order shall not affect any index issued by the
24            circuit court clerk before the entry of the order;
25                (iii) the records shall be impounded by the
26            Department within 60 days of the date of service of

 

 

HB4139- 26 -LRB100 15355 SLF 30328 b

1            the order as ordered by the court, unless a motion
2            to vacate, modify, or reconsider the order is filed
3            under paragraph (12) of subsection (d) of this
4            Section;
5                (iv) records impounded by the Department may
6            be disseminated by the Department only as required
7            by law or to the arresting authority, the State's
8            Attorney, and the court upon a later arrest for the
9            same or a similar offense or for the purpose of
10            sentencing for any subsequent felony, and to the
11            Department of Corrections upon conviction for any
12            offense; and
13                (v) in response to an inquiry for these records
14            from anyone not authorized by law to access the
15            records, the court, the Department, or the agency
16            receiving the inquiry shall reply as it does in
17            response to inquiries when no records ever
18            existed.
19            (C) Upon entry of an order to seal records under
20        subsection (c), the arresting agency, any other agency
21        as ordered by the court, the Department, and the court
22        shall seal the records (as defined in subsection
23        (a)(1)(K)). In response to an inquiry for such records,
24        from anyone not authorized by law to access such
25        records, the court, the Department, or the agency
26        receiving such inquiry shall reply as it does in

 

 

HB4139- 27 -LRB100 15355 SLF 30328 b

1        response to inquiries when no records ever existed.
2            (D) The Department shall send written notice to the
3        petitioner of its compliance with each order to expunge
4        or seal records within 60 days of the date of service
5        of that order or, if a motion to vacate, modify, or
6        reconsider is filed, within 60 days of service of the
7        order resolving the motion, if that order requires the
8        Department to expunge or seal records. In the event of
9        an appeal from the circuit court order, the Department
10        shall send written notice to the petitioner of its
11        compliance with an Appellate Court or Supreme Court
12        judgment to expunge or seal records within 60 days of
13        the issuance of the court's mandate. The notice is not
14        required while any motion to vacate, modify, or
15        reconsider, or any appeal or petition for
16        discretionary appellate review, is pending.
17        (10) Fees. The Department may charge the petitioner a
18    fee equivalent to the cost of processing any order to
19    expunge or seal records. Notwithstanding any provision of
20    the Clerks of Courts Act to the contrary, the circuit court
21    clerk may charge a fee equivalent to the cost associated
22    with the sealing or expungement of records by the circuit
23    court clerk. From the total filing fee collected for the
24    petition to seal or expunge, the circuit court clerk shall
25    deposit $10 into the Circuit Court Clerk Operation and
26    Administrative Fund, to be used to offset the costs

 

 

HB4139- 28 -LRB100 15355 SLF 30328 b

1    incurred by the circuit court clerk in performing the
2    additional duties required to serve the petition to seal or
3    expunge on all parties. The circuit court clerk shall
4    collect and forward the Department of State Police portion
5    of the fee to the Department and it shall be deposited in
6    the State Police Services Fund.
7        (11) Final Order. No court order issued under the
8    expungement or sealing provisions of this Section shall
9    become final for purposes of appeal until 30 days after
10    service of the order on the petitioner and all parties
11    entitled to notice of the petition.
12        (12) Motion to Vacate, Modify, or Reconsider. Under
13    Section 2-1203 of the Code of Civil Procedure, the
14    petitioner or any party entitled to notice may file a
15    motion to vacate, modify, or reconsider the order granting
16    or denying the petition to expunge or seal within 60 days
17    of service of the order. If filed more than 60 days after
18    service of the order, a petition to vacate, modify, or
19    reconsider shall comply with subsection (c) of Section
20    2-1401 of the Code of Civil Procedure. Upon filing of a
21    motion to vacate, modify, or reconsider, notice of the
22    motion shall be served upon the petitioner and all parties
23    entitled to notice of the petition.
24        (13) Effect of Order. An order granting a petition
25    under the expungement or sealing provisions of this Section
26    shall not be considered void because it fails to comply

 

 

HB4139- 29 -LRB100 15355 SLF 30328 b

1    with the provisions of this Section or because of any error
2    asserted in a motion to vacate, modify, or reconsider. The
3    circuit court retains jurisdiction to determine whether
4    the order is voidable and to vacate, modify, or reconsider
5    its terms based on a motion filed under paragraph (12) of
6    this subsection (d).
7        (14) Compliance with Order Granting Petition to Seal
8    Records. Unless a court has entered a stay of an order
9    granting a petition to seal, all parties entitled to notice
10    of the petition must fully comply with the terms of the
11    order within 60 days of service of the order even if a
12    party is seeking relief from the order through a motion
13    filed under paragraph (12) of this subsection (d) or is
14    appealing the order.
15        (15) Compliance with Order Granting Petition to
16    Expunge Records. While a party is seeking relief from the
17    order granting the petition to expunge through a motion
18    filed under paragraph (12) of this subsection (d) or is
19    appealing the order, and unless a court has entered a stay
20    of that order, the parties entitled to notice of the
21    petition must seal, but need not expunge, the records until
22    there is a final order on the motion for relief or, in the
23    case of an appeal, the issuance of that court's mandate.
24        (16) The changes to this subsection (d) made by Public
25    Act 98-163 apply to all petitions pending on August 5, 2013
26    (the effective date of Public Act 98-163) and to all orders

 

 

HB4139- 30 -LRB100 15355 SLF 30328 b

1    ruling on a petition to expunge or seal on or after August
2    5, 2013 (the effective date of Public Act 98-163).
3    (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered expunging the record of arrest from the official
11records of the arresting authority and order that the records
12of the circuit court clerk and the Department be sealed until
13further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the defendant
15obliterated from the official index requested to be kept by the
16circuit court clerk under Section 16 of the Clerks of Courts
17Act in connection with the arrest and conviction for the
18offense for which he or she had been pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only to the
22arresting authority, the State's Attorney, and the court upon a
23later arrest for the same or similar offense or for the purpose
24of sentencing for any subsequent felony. Upon conviction for
25any subsequent offense, the Department of Corrections shall
26have access to all sealed records of the Department pertaining

 

 

HB4139- 31 -LRB100 15355 SLF 30328 b

1to that individual. Upon entry of the order of expungement, the
2circuit court clerk shall promptly mail a copy of the order to
3the person who was pardoned.
4    (e-5) Whenever a person who has been convicted of an
5offense is granted a certificate of eligibility for sealing by
6the Prisoner Review Board which specifically authorizes
7sealing, he or she may, upon verified petition to the Chief
8Judge of the circuit where the person had been convicted, any
9judge of the circuit designated by the Chief Judge, or in
10counties of less than 3,000,000 inhabitants, the presiding
11trial judge at the petitioner's trial, have a court order
12entered sealing the record of arrest from the official records
13of the arresting authority and order that the records of the
14circuit court clerk and the Department be sealed until further
15order of the court upon good cause shown or as otherwise
16provided herein, and the name of the petitioner obliterated
17from the official index requested to be kept by the circuit
18court clerk under Section 16 of the Clerks of Courts Act in
19connection with the arrest and conviction for the offense for
20which he or she had been granted the certificate but the order
21shall not affect any index issued by the circuit court clerk
22before the entry of the order. All records sealed by the
23Department may be disseminated by the Department only as
24required by this Act or to the arresting authority, a law
25enforcement agency, the State's Attorney, and the court upon a
26later arrest for the same or similar offense or for the purpose

 

 

HB4139- 32 -LRB100 15355 SLF 30328 b

1of sentencing for any subsequent felony. Upon conviction for
2any subsequent offense, the Department of Corrections shall
3have access to all sealed records of the Department pertaining
4to that individual. Upon entry of the order of sealing, the
5circuit court clerk shall promptly mail a copy of the order to
6the person who was granted the certificate of eligibility for
7sealing.
8    (e-6) Whenever a person who has been convicted of an
9offense is granted a certificate of eligibility for expungement
10by the Prisoner Review Board which specifically authorizes
11expungement, he or she may, upon verified petition to the Chief
12Judge of the circuit where the person had been convicted, any
13judge of the circuit designated by the Chief Judge, or in
14counties of less than 3,000,000 inhabitants, the presiding
15trial judge at the petitioner's trial, have a court order
16entered expunging the record of arrest from the official
17records of the arresting authority and order that the records
18of the circuit court clerk and the Department be sealed until
19further order of the court upon good cause shown or as
20otherwise provided herein, and the name of the petitioner
21obliterated from the official index requested to be kept by the
22circuit court clerk under Section 16 of the Clerks of Courts
23Act in connection with the arrest and conviction for the
24offense for which he or she had been granted the certificate
25but the order shall not affect any index issued by the circuit
26court clerk before the entry of the order. All records sealed

 

 

HB4139- 33 -LRB100 15355 SLF 30328 b

1by the Department may be disseminated by the Department only as
2required by this Act or to the arresting authority, a law
3enforcement agency, the State's Attorney, and the court upon a
4later arrest for the same or similar offense or for the purpose
5of sentencing for any subsequent felony. Upon conviction for
6any subsequent offense, the Department of Corrections shall
7have access to all expunged records of the Department
8pertaining to that individual. Upon entry of the order of
9expungement, the circuit court clerk shall promptly mail a copy
10of the order to the person who was granted the certificate of
11eligibility for expungement.
12    (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of the
17Illinois Department of Corrections, records of the Illinois
18Department of Employment Security shall be utilized as
19appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24    (g) Immediate Sealing.
25        (1) Applicability. Notwithstanding any other provision
26    of this Act to the contrary, and cumulative with any rights

 

 

HB4139- 34 -LRB100 15355 SLF 30328 b

1    to expungement or sealing of criminal records, this
2    subsection authorizes the immediate sealing of criminal
3    records of adults and of minors prosecuted as adults.
4        (2) Eligible Records. Arrests or charges not initiated
5    by arrest resulting in acquittal or dismissal with
6    prejudice, except as excluded by subsection (a)(3)(B),
7    that occur on or after January 1, 2018 (the effective date
8    of Public Act 100-282) this amendatory Act of the 100th
9    General Assembly, may be sealed immediately if the petition
10    is filed with the circuit court clerk on the same day and
11    during the same hearing in which the case is disposed.
12        (3) When Records are Eligible to be Immediately Sealed.
13    Eligible records under paragraph (2) of this subsection (g)
14    may be sealed immediately after entry of the final
15    disposition of a case, notwithstanding the disposition of
16    other charges in the same case.
17        (4) Notice of Eligibility for Immediate Sealing. Upon
18    entry of a disposition for an eligible record under this
19    subsection (g), the defendant shall be informed by the
20    court of his or her right to have eligible records
21    immediately sealed and the procedure for the immediate
22    sealing of these records.
23        (5) Procedure. The following procedures apply to
24    immediate sealing under this subsection (g).
25            (A) Filing the Petition. Upon entry of the final
26        disposition of the case, the defendant's attorney may

 

 

HB4139- 35 -LRB100 15355 SLF 30328 b

1        immediately petition the court, on behalf of the
2        defendant, for immediate sealing of eligible records
3        under paragraph (2) of this subsection (g) that are
4        entered on or after January 1, 2018 (the effective date
5        of Public Act 100-282) this amendatory Act of the 100th
6        General Assembly. The immediate sealing petition may
7        be filed with the circuit court clerk during the
8        hearing in which the final disposition of the case is
9        entered. If the defendant's attorney does not file the
10        petition for immediate sealing during the hearing, the
11        defendant may file a petition for sealing at any time
12        as authorized under subsection (c)(3)(A).
13            (B) Contents of Petition. The immediate sealing
14        petition shall be verified and shall contain the
15        petitioner's name, date of birth, current address, and
16        for each eligible record, the case number, the date of
17        arrest if applicable, the identity of the arresting
18        authority if applicable, and other information as the
19        court may require.
20            (C) Drug Test. The petitioner shall not be required
21        to attach proof that he or she has passed a drug test.
22            (D) Service of Petition. A copy of the petition
23        shall be served on the State's Attorney in open court.
24        The petitioner shall not be required to serve a copy of
25        the petition on any other agency.
26            (E) Entry of Order. The presiding trial judge shall

 

 

HB4139- 36 -LRB100 15355 SLF 30328 b

1        enter an order granting or denying the petition for
2        immediate sealing during the hearing in which it is
3        filed. Petitions for immediate sealing shall be ruled
4        on in the same hearing in which the final disposition
5        of the case is entered.
6            (F) Hearings. The court shall hear the petition for
7        immediate sealing on the same day and during the same
8        hearing in which the disposition is rendered.
9            (G) Service of Order. An order to immediately seal
10        eligible records shall be served in conformance with
11        subsection (d)(8).
12            (H) Implementation of Order. An order to
13        immediately seal records shall be implemented in
14        conformance with subsections (d)(9)(C) and (d)(9)(D).
15            (I) Fees. The fee imposed by the circuit court
16        clerk and the Department of State Police shall comply
17        with paragraph (1) of subsection (d) of this Section.
18            (J) Final Order. No court order issued under this
19        subsection (g) shall become final for purposes of
20        appeal until 30 days after service of the order on the
21        petitioner and all parties entitled to service of the
22        order in conformance with subsection (d)(8).
23            (K) Motion to Vacate, Modify, or Reconsider. Under
24        Section 2-1203 of the Code of Civil Procedure, the
25        petitioner, State's Attorney, or the Department of
26        State Police may file a motion to vacate, modify, or

 

 

HB4139- 37 -LRB100 15355 SLF 30328 b

1        reconsider the order denying the petition to
2        immediately seal within 60 days of service of the
3        order. If filed more than 60 days after service of the
4        order, a petition to vacate, modify, or reconsider
5        shall comply with subsection (c) of Section 2-1401 of
6        the Code of Civil Procedure.
7            (L) Effect of Order. An order granting an immediate
8        sealing petition shall not be considered void because
9        it fails to comply with the provisions of this Section
10        or because of an error asserted in a motion to vacate,
11        modify, or reconsider. The circuit court retains
12        jurisdiction to determine whether the order is
13        voidable, and to vacate, modify, or reconsider its
14        terms based on a motion filed under subparagraph (L) of
15        this subsection (g).
16            (M) Compliance with Order Granting Petition to
17        Seal Records. Unless a court has entered a stay of an
18        order granting a petition to immediately seal, all
19        parties entitled to service of the order must fully
20        comply with the terms of the order within 60 days of
21        service of the order.
22(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
23eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
2499-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
251-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
2610-13-17.)