HB5341 EngrossedLRB100 19571 SLF 34840 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),

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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

 

 

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1    Section 4 of the Cannabis Control Act or subsection (c) of
2    Section 3.5 of the Drug Paraphernalia Control Act in the
3    clerk's possession or control and which contains the final
4    satisfactory disposition which pertain to the person
5    issued a citation for any of those offenses.
6        (3) Exclusions. Except as otherwise provided in
7    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
8    of this Section, the court shall not order:
9            (A) the sealing or expungement of the records of
10        arrests or charges not initiated by arrest that result
11        in an order of supervision for or conviction of: (i)
12        any sexual offense committed against a minor; (ii)
13        Section 11-501 of the Illinois Vehicle Code or a
14        similar provision of a local ordinance; or (iii)
15        Section 11-503 of the Illinois Vehicle Code or a
16        similar provision of a local ordinance, unless the
17        arrest or charge is for a misdemeanor violation of
18        subsection (a) of Section 11-503 or a similar provision
19        of a local ordinance, that occurred prior to the
20        offender reaching the age of 25 years and the offender
21        has no other conviction for violating Section 11-501 or
22        11-503 of the Illinois Vehicle Code or a similar
23        provision of a local ordinance.
24            (B) the sealing or expungement of records of minor
25        traffic offenses (as defined in subsection (a)(1)(G)),
26        unless the petitioner was arrested and released

 

 

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1        without charging.
2            (C) the sealing of the records of arrests or
3        charges not initiated by arrest which result in an
4        order of supervision or a conviction for the following
5        offenses:
6                (i) offenses included in Article 11 of the
7            Criminal Code of 1961 or the Criminal Code of 2012
8            or a similar provision of a local ordinance, except
9            Section 11-14 and a misdemeanor violation of
10            Section 11-30 of the Criminal Code of 1961 or the
11            Criminal Code of 2012, or a similar provision of a
12            local ordinance;
13                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
14            26-5, or 48-1 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, or a similar provision of a
16            local ordinance;
17                (iii) Sections 12-3.1 or 12-3.2 of the
18            Criminal Code of 1961 or the Criminal Code of 2012,
19            or Section 125 of the Stalking No Contact Order
20            Act, or Section 219 of the Civil No Contact Order
21            Act, or a similar provision of a local ordinance;
22                (iv) Class A misdemeanors or felony offenses
23            under the Humane Care for Animals Act; or
24                (v) any offense or attempted offense that
25            would subject a person to registration under the
26            Sex Offender Registration Act.

 

 

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1            (D) (blank).
2    (b) Expungement.
3        (1) A petitioner may petition the circuit court to
4    expunge the records of his or her arrests and charges not
5    initiated by arrest when each arrest or charge not
6    initiated by arrest sought to be expunged resulted in: (i)
7    acquittal, dismissal, or the petitioner's release without
8    charging, unless excluded by subsection (a)(3)(B); (ii) a
9    conviction which was vacated or reversed, unless excluded
10    by subsection (a)(3)(B); (iii) an order of supervision and
11    such supervision was successfully completed by the
12    petitioner, unless excluded by subsection (a)(3)(A) or
13    (a)(3)(B); or (iv) an order of qualified probation (as
14    defined in subsection (a)(1)(J)) and such probation was
15    successfully completed by the petitioner.
16        (1.5) When a petitioner seeks to have a record of
17    arrest expunged under this Section, and the offender has
18    been convicted of a criminal offense, the State's Attorney
19    may object to the expungement on the grounds that the
20    records contain specific relevant information aside from
21    the mere fact of the arrest.
22        (2) Time frame for filing a petition to expunge.
23            (A) When the arrest or charge not initiated by
24        arrest sought to be expunged resulted in an acquittal,
25        dismissal, the petitioner's release without charging,
26        or the reversal or vacation of a conviction, there is

 

 

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1        no waiting period to petition for the expungement of
2        such records.
3            (B) When the arrest or charge not initiated by
4        arrest sought to be expunged resulted in an order of
5        supervision, successfully completed by the petitioner,
6        the following time frames will apply:
7                (i) Those arrests or charges that resulted in
8            orders of supervision under Section 3-707, 3-708,
9            3-710, or 5-401.3 of the Illinois Vehicle Code or a
10            similar provision of a local ordinance, or under
11            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
12            Code of 1961 or the Criminal Code of 2012, or a
13            similar provision of a local ordinance, shall not
14            be eligible for expungement until 5 years have
15            passed following the satisfactory termination of
16            the supervision.
17                (i-5) Those arrests or charges that resulted
18            in orders of supervision for a misdemeanor
19            violation of subsection (a) of Section 11-503 of
20            the Illinois Vehicle Code or a similar provision of
21            a local ordinance, that occurred prior to the
22            offender reaching the age of 25 years and the
23            offender has no other conviction for violating
24            Section 11-501 or 11-503 of the Illinois Vehicle
25            Code or a similar provision of a local ordinance
26            shall not be eligible for expungement until the

 

 

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1            petitioner has reached the age of 25 years.
2                (ii) Those arrests or charges that resulted in
3            orders of supervision for any other offenses shall
4            not be eligible for expungement until 2 years have
5            passed following the satisfactory termination of
6            the supervision.
7            (C) When the arrest or charge not initiated by
8        arrest sought to be expunged resulted in an order of
9        qualified probation, successfully completed by the
10        petitioner, such records shall not be eligible for
11        expungement until 5 years have passed following the
12        satisfactory termination of the probation.
13        (3) Those records maintained by the Department for
14    persons arrested prior to their 17th birthday shall be
15    expunged as provided in Section 5-915 of the Juvenile Court
16    Act of 1987.
17        (4) Whenever a person has been arrested for or
18    convicted of any offense, in the name of a person whose
19    identity he or she has stolen or otherwise come into
20    possession of, the aggrieved person from whom the identity
21    was stolen or otherwise obtained without authorization,
22    upon learning of the person having been arrested using his
23    or her identity, may, upon verified petition to the chief
24    judge of the circuit wherein the arrest was made, have a
25    court order entered nunc pro tunc by the Chief Judge to
26    correct the arrest record, conviction record, if any, and

 

 

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1    all official records of the arresting authority, the
2    Department, other criminal justice agencies, the
3    prosecutor, and the trial court concerning such arrest, if
4    any, by removing his or her name from all such records in
5    connection with the arrest and conviction, if any, and by
6    inserting in the records the name of the offender, if known
7    or ascertainable, in lieu of the aggrieved's name. The
8    records of the circuit court clerk shall be sealed until
9    further order of the court upon good cause shown and the
10    name of the aggrieved person obliterated on the official
11    index required to be kept by the circuit court clerk under
12    Section 16 of the Clerks of Courts Act, but the order shall
13    not affect any index issued by the circuit court clerk
14    before the entry of the order. Nothing in this Section
15    shall limit the Department of State Police or other
16    criminal justice agencies or prosecutors from listing
17    under an offender's name the false names he or she has
18    used.
19        (5) Whenever a person has been convicted of criminal
20    sexual assault, aggravated criminal sexual assault,
21    predatory criminal sexual assault of a child, criminal
22    sexual abuse, or aggravated criminal sexual abuse, the
23    victim of that offense may request that the State's
24    Attorney of the county in which the conviction occurred
25    file a verified petition with the presiding trial judge at
26    the petitioner's trial to have a court order entered to

 

 

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1    seal the records of the circuit court clerk in connection
2    with the proceedings of the trial court concerning that
3    offense. However, the records of the arresting authority
4    and the Department of State Police concerning the offense
5    shall not be sealed. The court, upon good cause shown,
6    shall make the records of the circuit court clerk in
7    connection with the proceedings of the trial court
8    concerning the offense available for public inspection.
9        (6) If a conviction has been set aside on direct review
10    or on collateral attack and the court determines by clear
11    and convincing evidence that the petitioner was factually
12    innocent of the charge, the court that finds the petitioner
13    factually innocent of the charge shall enter an expungement
14    order for the conviction for which the petitioner has been
15    determined to be innocent as provided in subsection (b) of
16    Section 5-5-4 of the Unified Code of Corrections.
17        (7) Nothing in this Section shall prevent the
18    Department of State Police from maintaining all records of
19    any person who is admitted to probation upon terms and
20    conditions and who fulfills those terms and conditions
21    pursuant to Section 10 of the Cannabis Control Act, Section
22    410 of the Illinois Controlled Substances Act, Section 70
23    of the Methamphetamine Control and Community Protection
24    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
25    Corrections, Section 12-4.3 or subdivision (b)(1) of
26    Section 12-3.05 of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012, Section 10-102 of the Illinois
2    Alcoholism and Other Drug Dependency Act, Section 40-10 of
3    the Alcoholism and Other Drug Abuse and Dependency Act, or
4    Section 10 of the Steroid Control Act.
5        (8) If the petitioner has been granted a certificate of
6    innocence under Section 2-702 of the Code of Civil
7    Procedure, the court that grants the certificate of
8    innocence shall also enter an order expunging the
9    conviction for which the petitioner has been determined to
10    be innocent as provided in subsection (h) of Section 2-702
11    of the Code of Civil Procedure.
12    (c) Sealing.
13        (1) Applicability. Notwithstanding any other provision
14    of this Act to the contrary, and cumulative with any rights
15    to expungement of criminal records, this subsection
16    authorizes the sealing of criminal records of adults and of
17    minors prosecuted as adults. Subsection (g) of this Section
18    provides for immediate sealing of certain records.
19        (2) Eligible Records. The following records may be
20    sealed:
21            (A) All arrests resulting in release without
22        charging;
23            (B) Arrests or charges not initiated by arrest
24        resulting in acquittal, dismissal, or conviction when
25        the conviction was reversed or vacated, except as
26        excluded by subsection (a)(3)(B);

 

 

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1            (C) Arrests or charges not initiated by arrest
2        resulting in orders of supervision, including orders
3        of supervision for municipal ordinance violations,
4        successfully completed by the petitioner, unless
5        excluded by subsection (a)(3);
6            (D) Arrests or charges not initiated by arrest
7        resulting in convictions, including convictions on
8        municipal ordinance violations, unless excluded by
9        subsection (a)(3);
10            (E) Arrests or charges not initiated by arrest
11        resulting in orders of first offender probation under
12        Section 10 of the Cannabis Control Act, Section 410 of
13        the Illinois Controlled Substances Act, Section 70 of
14        the Methamphetamine Control and Community Protection
15        Act, or Section 5-6-3.3 of the Unified Code of
16        Corrections; and
17            (F) Arrests or charges not initiated by arrest
18        resulting in felony convictions unless otherwise
19        excluded by subsection (a) paragraph (3) of this
20        Section.
21        (3) When Records Are Eligible to Be Sealed. Records
22    identified as eligible under subsection (c)(2) may be
23    sealed as follows:
24            (A) Records identified as eligible under
25        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
26        time.

 

 

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1            (B) Except as otherwise provided in subparagraph
2        (E) of this paragraph (3), records identified as
3        eligible under subsection (c)(2)(C) may be sealed 2
4        years after the termination of petitioner's last
5        sentence (as defined in subsection (a)(1)(F)).
6            (C) Except as otherwise provided in subparagraph
7        (E) of this paragraph (3), records identified as
8        eligible under subsections (c)(2)(D), (c)(2)(E), and
9        (c)(2)(F) may be sealed 3 years after the termination
10        of the petitioner's last sentence (as defined in
11        subsection (a)(1)(F)). Convictions requiring public
12        registration under the Arsonist Registration Act, the
13        Sex Offender Registration Act, or the Murderer and
14        Violent Offender Against Youth Registration Act may
15        not be sealed until the petitioner is no longer
16        required to register under that relevant Act.
17            (D) Records identified in subsection
18        (a)(3)(A)(iii) may be sealed after the petitioner has
19        reached the age of 25 years.
20            (E) Records identified as eligible under
21        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
22        (c)(2)(F) may be sealed upon termination of the
23        petitioner's last sentence if the petitioner earned a
24        high school diploma, associate's degree, career
25        certificate, vocational technical certification, or
26        bachelor's degree, or passed the high school level Test

 

 

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1        of General Educational Development, during the period
2        of his or her sentence, aftercare release, or mandatory
3        supervised release. This subparagraph shall apply only
4        to a petitioner who has not completed the same
5        educational goal prior to the period of his or her
6        sentence, aftercare release, or mandatory supervised
7        release. If a petition for sealing eligible records
8        filed under this subparagraph is denied by the court,
9        the time periods under subparagraph (B) or (C) shall
10        apply to any subsequent petition for sealing filed by
11        the petitioner.
12        (4) Subsequent felony convictions. A person may not
13    have subsequent felony conviction records sealed as
14    provided in this subsection (c) if he or she is convicted
15    of any felony offense after the date of the sealing of
16    prior felony convictions as provided in this subsection
17    (c). The court may, upon conviction for a subsequent felony
18    offense, order the unsealing of prior felony conviction
19    records previously ordered sealed by the court.
20        (5) Notice of eligibility for sealing. Upon entry of a
21    disposition for an eligible record under this subsection
22    (c), the petitioner shall be informed by the court of the
23    right to have the records sealed and the procedures for the
24    sealing of the records.
25    (d) Procedure. The following procedures apply to
26expungement under subsections (b), (e), and (e-6) and sealing

 

 

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1under subsections (c) and (e-5):
2        (1) Filing the petition. Upon becoming eligible to
3    petition for the expungement or sealing of records under
4    this Section, the petitioner shall file a petition
5    requesting the expungement or sealing of records with the
6    clerk of the court where the arrests occurred or the
7    charges were brought, or both. If arrests occurred or
8    charges were brought in multiple jurisdictions, a petition
9    must be filed in each such jurisdiction. The petitioner
10    shall pay the applicable fee, except no fee shall be
11    required if the petitioner has obtained a court order
12    waiving fees under Supreme Court Rule 298 or it is
13    otherwise waived.
14        (1.5) County fee waiver pilot program. In a county of
15    3,000,000 or more inhabitants, no fee shall be required to
16    be paid by a petitioner if the records sought to be
17    expunged or sealed were arrests resulting in release
18    without charging or arrests or charges not initiated by
19    arrest resulting in acquittal, dismissal, or conviction
20    when the conviction was reversed or vacated, unless
21    excluded by subsection (a)(3)(B). The provisions of this
22    paragraph (1.5), other than this sentence, are inoperative
23    on and after January 1, 2019 or one year after January 1,
24    2017 (the effective date of Public Act 99-881), whichever
25    is later.
26        (2) Contents of petition. The petition shall be

 

 

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1    verified and shall contain the petitioner's name, date of
2    birth, current address and, for each arrest or charge not
3    initiated by arrest sought to be sealed or expunged, the
4    case number, the date of arrest (if any), the identity of
5    the arresting authority, and such other information as the
6    court may require. During the pendency of the proceeding,
7    the petitioner shall promptly notify the circuit court
8    clerk of any change of his or her address. If the
9    petitioner has received a certificate of eligibility for
10    sealing from the Prisoner Review Board under paragraph (10)
11    of subsection (a) of Section 3-3-2 of the Unified Code of
12    Corrections, the certificate shall be attached to the
13    petition.
14        (3) Drug test. The petitioner must attach to the
15    petition proof that the petitioner has passed a test taken
16    within 30 days before the filing of the petition showing
17    the absence within his or her body of all illegal
18    substances as defined by the Illinois Controlled
19    Substances Act, the Methamphetamine Control and Community
20    Protection Act, and the Cannabis Control Act if he or she
21    is petitioning to:
22            (A) seal felony records under clause (c)(2)(E);
23            (B) seal felony records for a violation of the
24        Illinois Controlled Substances Act, the
25        Methamphetamine Control and Community Protection Act,
26        or the Cannabis Control Act under clause (c)(2)(F);

 

 

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1            (C) seal felony records under subsection (e-5); or
2            (D) expunge felony records of a qualified
3        probation under clause (b)(1)(iv).
4        (4) Service of petition. The circuit court clerk shall
5    promptly serve a copy of the petition and documentation to
6    support the petition under subsection (e-5) or (e-6) on the
7    State's Attorney or prosecutor charged with the duty of
8    prosecuting the offense, the Department of State Police,
9    the arresting agency and the chief legal officer of the
10    unit of local government effecting the arrest.
11        (5) Objections.
12            (A) Any party entitled to notice of the petition
13        may file an objection to the petition. All objections
14        shall be in writing, shall be filed with the circuit
15        court clerk, and shall state with specificity the basis
16        of the objection. Whenever a person who has been
17        convicted of an offense is granted a pardon by the
18        Governor which specifically authorizes expungement, an
19        objection to the petition may not be filed.
20            (B) Objections to a petition to expunge or seal
21        must be filed within 60 days of the date of service of
22        the petition.
23        (6) Entry of order.
24            (A) The Chief Judge of the circuit wherein the
25        charge was brought, any judge of that circuit
26        designated by the Chief Judge, or in counties of less

 

 

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1        than 3,000,000 inhabitants, the presiding trial judge
2        at the petitioner's trial, if any, shall rule on the
3        petition to expunge or seal as set forth in this
4        subsection (d)(6).
5            (B) Unless the State's Attorney or prosecutor, the
6        Department of State Police, the arresting agency, or
7        the chief legal officer files an objection to the
8        petition to expunge or seal within 60 days from the
9        date of service of the petition, the court shall enter
10        an order granting or denying the petition.
11            (C) Notwithstanding any other provision of law,
12        the court shall not deny a petition for sealing under
13        this Section because the petitioner has not satisfied
14        an outstanding legal financial obligation established,
15        imposed, or originated by a court, law enforcement
16        agency, or a municipal, State, county, or other unit of
17        local government, including, but not limited to, any
18        cost, assessment, fine, or fee. An outstanding legal
19        financial obligation does not include any court
20        ordered restitution to a victim under Section 5-5-6 of
21        the Unified Code of Corrections, unless the
22        restitution has been converted to a civil judgment.
23        Nothing in this subparagraph (C) waives, rescinds, or
24        abrogates a legal financial obligation or otherwise
25        eliminates or affects the right of the holder of any
26        financial obligation to pursue collection under

 

 

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1        applicable federal, State, or local law.
2        (7) Hearings. If an objection is filed, the court shall
3    set a date for a hearing and notify the petitioner and all
4    parties entitled to notice of the petition of the hearing
5    date at least 30 days prior to the hearing. Prior to the
6    hearing, the State's Attorney shall consult with the
7    Department as to the appropriateness of the relief sought
8    in the petition to expunge or seal. At the hearing, the
9    court shall hear evidence on whether the petition should or
10    should not be granted, and shall grant or deny the petition
11    to expunge or seal the records based on the evidence
12    presented at the hearing. The court may consider the
13    following:
14            (A) the strength of the evidence supporting the
15        defendant's conviction;
16            (B) the reasons for retention of the conviction
17        records by the State;
18            (C) the petitioner's age, criminal record history,
19        and employment history;
20            (D) the period of time between the petitioner's
21        arrest on the charge resulting in the conviction and
22        the filing of the petition under this Section; and
23            (E) the specific adverse consequences the
24        petitioner may be subject to if the petition is denied.
25        (8) Service of order. After entering an order to
26    expunge or seal records, the court must provide copies of

 

 

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1    the order to the Department, in a form and manner
2    prescribed by the Department, to the petitioner, to the
3    State's Attorney or prosecutor charged with the duty of
4    prosecuting the offense, to the arresting agency, to the
5    chief legal officer of the unit of local government
6    effecting the arrest, and to such other criminal justice
7    agencies as may be ordered by the court.
8        (9) Implementation of order.
9            (A) Upon entry of an order to expunge records
10        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
11                (i) the records shall be expunged (as defined
12            in subsection (a)(1)(E)) by the arresting agency,
13            the Department, and any other agency as ordered by
14            the court, within 60 days of the date of service of
15            the order, unless a motion to vacate, modify, or
16            reconsider the order is filed pursuant to
17            paragraph (12) of subsection (d) of this Section;
18                (ii) the records of the circuit court clerk
19            shall be impounded until further order of the court
20            upon good cause shown and the name of the
21            petitioner obliterated on the official index
22            required to be kept by the circuit court clerk
23            under Section 16 of the Clerks of Courts Act, but
24            the order shall not affect any index issued by the
25            circuit court clerk before the entry of the order;
26            and

 

 

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

 

 

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1            pursuant to paragraph (12) of subsection (d) of
2            this Section;
3                (iv) records impounded by the Department may
4            be disseminated by the Department only as required
5            by law or to the arresting authority, the State's
6            Attorney, and the court upon a later arrest for the
7            same or a similar offense or for the purpose of
8            sentencing for any subsequent felony, and to the
9            Department of Corrections upon conviction for any
10            offense; and
11                (v) in response to an inquiry for such records
12            from anyone not authorized by law to access such
13            records, the court, the Department, or the agency
14            receiving such inquiry shall reply as it does in
15            response to inquiries when no records ever
16            existed.
17            (B-5) Upon entry of an order to expunge records
18        under subsection (e-6):
19                (i) the records shall be expunged (as defined
20            in subsection (a)(1)(E)) by the arresting agency
21            and any other agency as ordered by the court,
22            within 60 days of the date of service of the order,
23            unless a motion to vacate, modify, or reconsider
24            the order is filed under paragraph (12) of
25            subsection (d) of this Section;
26                (ii) the records of the circuit court clerk

 

 

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1            shall be impounded until further order of the court
2            upon good cause shown and the name of the
3            petitioner obliterated on the official index
4            required to be kept by the circuit court clerk
5            under Section 16 of the Clerks of Courts Act, but
6            the order shall not affect any index issued by the
7            circuit court clerk before the entry of the order;
8                (iii) the records shall be impounded by the
9            Department within 60 days of the date of service of
10            the order as ordered by the court, unless a motion
11            to vacate, modify, or reconsider the order is filed
12            under paragraph (12) of subsection (d) of this
13            Section;
14                (iv) records impounded by the Department may
15            be disseminated by the Department only as required
16            by law or to the arresting authority, the State's
17            Attorney, and the court upon a later arrest for the
18            same or a similar offense or for the purpose of
19            sentencing for any subsequent felony, and to the
20            Department of Corrections upon conviction for any
21            offense; and
22                (v) in response to an inquiry for these records
23            from anyone not authorized by law to access the
24            records, the court, the Department, or the agency
25            receiving the inquiry shall reply as it does in
26            response to inquiries when no records ever

 

 

HB5341 Engrossed- 27 -LRB100 19571 SLF 34840 b

1            existed.
2            (C) Upon entry of an order to seal records under
3        subsection (c), the arresting agency, any other agency
4        as ordered by the court, the Department, and the court
5        shall seal the records (as defined in subsection
6        (a)(1)(K)). In response to an inquiry for such records,
7        from anyone not authorized by law to access such
8        records, the court, the Department, or the agency
9        receiving such inquiry shall reply as it does in
10        response to inquiries when no records ever existed.
11            (D) The Department shall send written notice to the
12        petitioner of its compliance with each order to expunge
13        or seal records within 60 days of the date of service
14        of that order or, if a motion to vacate, modify, or
15        reconsider is filed, within 60 days of service of the
16        order resolving the motion, if that order requires the
17        Department to expunge or seal records. In the event of
18        an appeal from the circuit court order, the Department
19        shall send written notice to the petitioner of its
20        compliance with an Appellate Court or Supreme Court
21        judgment to expunge or seal records within 60 days of
22        the issuance of the court's mandate. The notice is not
23        required while any motion to vacate, modify, or
24        reconsider, or any appeal or petition for
25        discretionary appellate review, is pending.
26            (E) Upon motion, the court may order that a sealed

 

 

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1        judgment or other court record necessary to
2        demonstrate the amount of any legal financial
3        obligation due and owing be made available for the
4        limited purpose of collecting any legal financial
5        obligations owed by the petitioner that were
6        established, imposed, or originated in the criminal
7        proceeding for which those records have been sealed.
8        The records made available under this subparagraph (E)
9        shall not be entered into the official index required
10        to be kept by the circuit court clerk under Section 16
11        of the Clerks of Courts Act and shall be immediately
12        re-impounded upon the collection of the outstanding
13        financial obligations.
14            (F) Notwithstanding any other provision of this
15        Section, a circuit court clerk may access a sealed
16        record for the limited purpose of collecting payment
17        for any legal financial obligations that were
18        established, imposed, or originated in the criminal
19        proceedings for which those records have been sealed.
20        (10) Fees. The Department may charge the petitioner a
21    fee equivalent to the cost of processing any order to
22    expunge or seal records. Notwithstanding any provision of
23    the Clerks of Courts Act to the contrary, the circuit court
24    clerk may charge a fee equivalent to the cost associated
25    with the sealing or expungement of records by the circuit
26    court clerk. From the total filing fee collected for the

 

 

HB5341 Engrossed- 29 -LRB100 19571 SLF 34840 b

1    petition to seal or expunge, the circuit court clerk shall
2    deposit $10 into the Circuit Court Clerk Operation and
3    Administrative Fund, to be used to offset the costs
4    incurred by the circuit court clerk in performing the
5    additional duties required to serve the petition to seal or
6    expunge on all parties. The circuit court clerk shall
7    collect and forward the Department of State Police portion
8    of the fee to the Department and it shall be deposited in
9    the State Police Services Fund. If the record brought under
10    an expungement petition was previously sealed under this
11    Section, the fee for the expungement petition for that same
12    record shall be waived.
13        (11) Final Order. No court order issued under the
14    expungement or sealing provisions of this Section shall
15    become final for purposes of appeal until 30 days after
16    service of the order on the petitioner and all parties
17    entitled to notice of the petition.
18        (12) Motion to Vacate, Modify, or Reconsider. Under
19    Section 2-1203 of the Code of Civil Procedure, the
20    petitioner or any party entitled to notice may file a
21    motion to vacate, modify, or reconsider the order granting
22    or denying the petition to expunge or seal within 60 days
23    of service of the order. If filed more than 60 days after
24    service of the order, a petition to vacate, modify, or
25    reconsider shall comply with subsection (c) of Section
26    2-1401 of the Code of Civil Procedure. Upon filing of a

 

 

HB5341 Engrossed- 30 -LRB100 19571 SLF 34840 b

1    motion to vacate, modify, or reconsider, notice of the
2    motion shall be served upon the petitioner and all parties
3    entitled to notice of the petition.
4        (13) Effect of Order. An order granting a petition
5    under the expungement or sealing provisions of this Section
6    shall not be considered void because it fails to comply
7    with the provisions of this Section or because of any error
8    asserted in a motion to vacate, modify, or reconsider. The
9    circuit court retains jurisdiction to determine whether
10    the order is voidable and to vacate, modify, or reconsider
11    its terms based on a motion filed under paragraph (12) of
12    this subsection (d).
13        (14) Compliance with Order Granting Petition to Seal
14    Records. Unless a court has entered a stay of an order
15    granting a petition to seal, all parties entitled to notice
16    of the petition must fully comply with the terms of the
17    order within 60 days of service of the order even if a
18    party is seeking relief from the order through a motion
19    filed under paragraph (12) of this subsection (d) or is
20    appealing the order.
21        (15) Compliance with Order Granting Petition to
22    Expunge Records. While a party is seeking relief from the
23    order granting the petition to expunge through a motion
24    filed under paragraph (12) of this subsection (d) or is
25    appealing the order, and unless a court has entered a stay
26    of that order, the parties entitled to notice of the

 

 

HB5341 Engrossed- 31 -LRB100 19571 SLF 34840 b

1    petition must seal, but need not expunge, the records until
2    there is a final order on the motion for relief or, in the
3    case of an appeal, the issuance of that court's mandate.
4        (16) The changes to this subsection (d) made by Public
5    Act 98-163 apply to all petitions pending on August 5, 2013
6    (the effective date of Public Act 98-163) and to all orders
7    ruling on a petition to expunge or seal on or after August
8    5, 2013 (the effective date of Public Act 98-163).
9    (e) Whenever a person who has been convicted of an offense
10is granted a pardon by the Governor which specifically
11authorizes expungement, he or she may, upon verified petition
12to the Chief Judge of the circuit where the person had been
13convicted, any judge of the circuit designated by the Chief
14Judge, or in counties of less than 3,000,000 inhabitants, the
15presiding trial judge at the defendant's trial, have a court
16order entered 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 defendant
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 pardoned but the order
25shall not affect any index issued by the circuit court clerk
26before the entry of the order. All records sealed by the

 

 

HB5341 Engrossed- 32 -LRB100 19571 SLF 34840 b

1Department may be disseminated by the Department only to the
2arresting authority, the State's Attorney, and the court upon a
3later arrest for the same or similar offense or for the purpose
4of sentencing for any subsequent felony. Upon conviction for
5any subsequent offense, the Department of Corrections shall
6have access to all sealed records of the Department pertaining
7to that individual. Upon entry of the order of expungement, the
8circuit court clerk shall promptly mail a copy of the order to
9the person who was pardoned.
10    (e-5) Whenever a person who has been convicted of an
11offense is granted a certificate of eligibility for sealing by
12the Prisoner Review Board which specifically authorizes
13sealing, he or she may, upon verified petition to the Chief
14Judge of the circuit where the person had been convicted, any
15judge of the circuit designated by the Chief Judge, or in
16counties of less than 3,000,000 inhabitants, the presiding
17trial judge at the petitioner's trial, have a court order
18entered sealing the record of arrest from the official records
19of the arresting authority and order that the records of the
20circuit court clerk and the Department be sealed until further
21order of the court upon good cause shown or as otherwise
22provided herein, and the name of the petitioner obliterated
23from the official index requested to be kept by the circuit
24court clerk under Section 16 of the Clerks of Courts Act in
25connection with the arrest and conviction for the offense for
26which he or she had been granted the certificate but the order

 

 

HB5341 Engrossed- 33 -LRB100 19571 SLF 34840 b

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

 

 

HB5341 Engrossed- 34 -LRB100 19571 SLF 34840 b

1obliterated from the official index requested to be kept by the
2circuit court clerk under Section 16 of the Clerks of Courts
3Act in connection with the arrest and conviction for the
4offense for which he or she had been granted the certificate
5but the order shall not affect any index issued by the circuit
6court clerk before the entry of the order. All records sealed
7by the Department may be disseminated by the Department only as
8required by this Act or to the arresting authority, a law
9enforcement agency, the State's Attorney, and the court upon a
10later arrest for the same or similar offense or for the purpose
11of sentencing for any subsequent felony. Upon conviction for
12any subsequent offense, the Department of Corrections shall
13have access to all expunged records of the Department
14pertaining to that individual. Upon entry of the order of
15expungement, the circuit court clerk shall promptly mail a copy
16of the order to the person who was granted the certificate of
17eligibility for expungement.
18    (f) Subject to available funding, the Illinois Department
19of Corrections shall conduct a study of the impact of sealing,
20especially on employment and recidivism rates, utilizing a
21random sample of those who apply for the sealing of their
22criminal records under Public Act 93-211. At the request of the
23Illinois Department of Corrections, records of the Illinois
24Department of Employment Security shall be utilized as
25appropriate to assist in the study. The study shall not
26disclose any data in a manner that would allow the

 

 

HB5341 Engrossed- 35 -LRB100 19571 SLF 34840 b

1identification of any particular individual or employing unit.
2The study shall be made available to the General Assembly no
3later than September 1, 2010.
4    (g) Immediate Sealing.
5        (1) Applicability. Notwithstanding any other provision
6    of this Act to the contrary, and cumulative with any rights
7    to expungement or sealing of criminal records, this
8    subsection authorizes the immediate sealing of criminal
9    records of adults and of minors prosecuted as adults.
10        (2) Eligible Records. Arrests or charges not initiated
11    by arrest resulting in acquittal or dismissal with
12    prejudice, except as excluded by subsection (a)(3)(B),
13    that occur on or after January 1, 2018 (the effective date
14    of Public Act 100-282) this amendatory Act of the 100th
15    General Assembly, may be sealed immediately if the petition
16    is filed with the circuit court clerk on the same day and
17    during the same hearing in which the case is disposed.
18        (3) When Records are Eligible to be Immediately Sealed.
19    Eligible records under paragraph (2) of this subsection (g)
20    may be sealed immediately after entry of the final
21    disposition of a case, notwithstanding the disposition of
22    other charges in the same case.
23        (4) Notice of Eligibility for Immediate Sealing. Upon
24    entry of a disposition for an eligible record under this
25    subsection (g), the defendant shall be informed by the
26    court of his or her right to have eligible records

 

 

HB5341 Engrossed- 36 -LRB100 19571 SLF 34840 b

1    immediately sealed and the procedure for the immediate
2    sealing of these records.
3        (5) Procedure. The following procedures apply to
4    immediate sealing under this subsection (g).
5            (A) Filing the Petition. Upon entry of the final
6        disposition of the case, the defendant's attorney may
7        immediately petition the court, on behalf of the
8        defendant, for immediate sealing of eligible records
9        under paragraph (2) of this subsection (g) that are
10        entered on or after January 1, 2018 (the effective date
11        of Public Act 100-282) this amendatory Act of the 100th
12        General Assembly. The immediate sealing petition may
13        be filed with the circuit court clerk during the
14        hearing in which the final disposition of the case is
15        entered. If the defendant's attorney does not file the
16        petition for immediate sealing during the hearing, the
17        defendant may file a petition for sealing at any time
18        as authorized under subsection (c)(3)(A).
19            (B) Contents of Petition. The immediate sealing
20        petition shall be verified and shall contain the
21        petitioner's name, date of birth, current address, and
22        for each eligible record, the case number, the date of
23        arrest if applicable, the identity of the arresting
24        authority if applicable, and other information as the
25        court may require.
26            (C) Drug Test. The petitioner shall not be required

 

 

HB5341 Engrossed- 37 -LRB100 19571 SLF 34840 b

1        to attach proof that he or she has passed a drug test.
2            (D) Service of Petition. A copy of the petition
3        shall be served on the State's Attorney in open court.
4        The petitioner shall not be required to serve a copy of
5        the petition on any other agency.
6            (E) Entry of Order. The presiding trial judge shall
7        enter an order granting or denying the petition for
8        immediate sealing during the hearing in which it is
9        filed. Petitions for immediate sealing shall be ruled
10        on in the same hearing in which the final disposition
11        of the case is entered.
12            (F) Hearings. The court shall hear the petition for
13        immediate sealing on the same day and during the same
14        hearing in which the disposition is rendered.
15            (G) Service of Order. An order to immediately seal
16        eligible records shall be served in conformance with
17        subsection (d)(8).
18            (H) Implementation of Order. An order to
19        immediately seal records shall be implemented in
20        conformance with subsections (d)(9)(C) and (d)(9)(D).
21            (I) Fees. The fee imposed by the circuit court
22        clerk and the Department of State Police shall comply
23        with paragraph (1) of subsection (d) of this Section.
24            (J) Final Order. No court order issued under this
25        subsection (g) shall become final for purposes of
26        appeal until 30 days after service of the order on the

 

 

HB5341 Engrossed- 38 -LRB100 19571 SLF 34840 b

1        petitioner and all parties entitled to service of the
2        order in conformance with subsection (d)(8).
3            (K) Motion to Vacate, Modify, or Reconsider. Under
4        Section 2-1203 of the Code of Civil Procedure, the
5        petitioner, State's Attorney, or the Department of
6        State Police may file a motion to vacate, modify, or
7        reconsider the order denying the petition to
8        immediately seal within 60 days of service of the
9        order. If filed more than 60 days after service of the
10        order, a petition to vacate, modify, or reconsider
11        shall comply with subsection (c) of Section 2-1401 of
12        the Code of Civil Procedure.
13            (L) Effect of Order. An order granting an immediate
14        sealing petition shall not be considered void because
15        it fails to comply with the provisions of this Section
16        or because of an error asserted in a motion to vacate,
17        modify, or reconsider. The circuit court retains
18        jurisdiction to determine whether the order is
19        voidable, and to vacate, modify, or reconsider its
20        terms based on a motion filed under subparagraph (L) of
21        this subsection (g).
22            (M) Compliance with Order Granting Petition to
23        Seal Records. Unless a court has entered a stay of an
24        order granting a petition to immediately seal, all
25        parties entitled to service of the order must fully
26        comply with the terms of the order within 60 days of

 

 

HB5341 Engrossed- 39 -LRB100 19571 SLF 34840 b

1        service of the order.
2(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
3eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
499-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
51-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
610-13-17.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.