SB0482 EngrossedLRB101 06221 JRG 51246 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 Substance Use Disorder Act, or Section 10

 

 

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

 

 

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1        outstanding financial legal obligation.
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

 

 

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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.

 

 

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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).

 

 

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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        (1.5) When a petitioner seeks to have a record of
16    arrest expunged under this Section, and the offender has
17    been convicted of a criminal offense, the State's Attorney
18    may object to the expungement on the grounds that the
19    records contain specific relevant information aside from
20    the mere fact of the arrest.
21        (2) Time frame for filing a petition to expunge.
22            (A) When the arrest or charge not initiated by
23        arrest sought to be expunged resulted in an acquittal,
24        dismissal, the petitioner's release without charging,
25        or the reversal or vacation of a conviction, there is
26        no waiting period to petition for the expungement of

 

 

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

 

 

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

 

 

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

 

 

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1    with the proceedings of the trial court concerning that
2    offense. However, the records of the arresting authority
3    and the Department of State Police concerning the offense
4    shall not be sealed. The court, upon good cause shown,
5    shall make the records of the circuit court clerk in
6    connection with the proceedings of the trial court
7    concerning the offense available for public inspection.
8        (6) If a conviction has been set aside on direct review
9    or on collateral attack and the court determines by clear
10    and convincing evidence that the petitioner was factually
11    innocent of the charge, the court that finds the petitioner
12    factually innocent of the charge shall enter an expungement
13    order for the conviction for which the petitioner has been
14    determined to be innocent as provided in subsection (b) of
15    Section 5-5-4 of the Unified Code of Corrections.
16        (7) Nothing in this Section shall prevent the
17    Department of State Police from maintaining all records of
18    any person who is admitted to probation upon terms and
19    conditions and who fulfills those terms and conditions
20    pursuant to Section 10 of the Cannabis Control Act, Section
21    410 of the Illinois Controlled Substances Act, Section 70
22    of the Methamphetamine Control and Community Protection
23    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
24    Corrections, Section 12-4.3 or subdivision (b)(1) of
25    Section 12-3.05 of the Criminal Code of 1961 or the
26    Criminal Code of 2012, Section 10-102 of the Illinois

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (1) Filing the petition. Upon becoming eligible to
2    petition for the expungement or sealing of records under
3    this Section, the petitioner shall file a petition
4    requesting the expungement or sealing of records with the
5    clerk of the court where the arrests occurred or the
6    charges were brought, or both. If arrests occurred or
7    charges were brought in multiple jurisdictions, a petition
8    must be filed in each such jurisdiction. The petitioner
9    shall pay the applicable fee, except no fee shall be
10    required if the petitioner has obtained a court order
11    waiving fees under Supreme Court Rule 298 or it is
12    otherwise waived.
13        (1.5) County fee waiver pilot program. From the
14    effective date of this amendatory Act of the 101st General
15    Assembly through December 31, 2020, in In a county of
16    3,000,000 or more inhabitants, no fee shall be required to
17    be paid by a petitioner if the records sought to be
18    expunged or sealed were arrests resulting in release
19    without charging or arrests or charges not initiated by
20    arrest resulting in acquittal, dismissal, or conviction
21    when the conviction was reversed or vacated, unless
22    excluded by subsection (a)(3)(B). The provisions of this
23    paragraph (1.5), other than this sentence, are inoperative
24    on and after January 1, 2021 2019.
25        (2) Contents of petition. The petition shall be
26    verified and shall contain the petitioner's name, date of

 

 

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

 

 

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1            (D) expunge felony records of a qualified
2        probation under clause (b)(1)(iv).
3        (4) Service of petition. The circuit court clerk shall
4    promptly serve a copy of the petition and documentation to
5    support the petition under subsection (e-5) or (e-6) on the
6    State's Attorney or prosecutor charged with the duty of
7    prosecuting the offense, the Department of State Police,
8    the arresting agency and the chief legal officer of the
9    unit of local government effecting the arrest.
10        (5) Objections.
11            (A) Any party entitled to notice of the petition
12        may file an objection to the petition. All objections
13        shall be in writing, shall be filed with the circuit
14        court clerk, and shall state with specificity the basis
15        of the objection. Whenever a person who has been
16        convicted of an offense is granted a pardon by the
17        Governor which specifically authorizes expungement, an
18        objection to the petition may not be filed.
19            (B) Objections to a petition to expunge or seal
20        must be filed within 60 days of the date of service of
21        the petition.
22        (6) Entry of order.
23            (A) The Chief Judge of the circuit wherein the
24        charge was brought, any judge of that circuit
25        designated by the Chief Judge, or in counties of less
26        than 3,000,000 inhabitants, the presiding trial judge

 

 

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

 

 

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

 

 

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1    prescribed by the Department, to the petitioner, to the
2    State's Attorney or prosecutor charged with the duty of
3    prosecuting the offense, to the arresting agency, to the
4    chief legal officer of the unit of local government
5    effecting the arrest, and to such other criminal justice
6    agencies as may be ordered by the court.
7        (9) Implementation of order.
8            (A) Upon entry of an order to expunge records
9        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
10                (i) the records shall be expunged (as defined
11            in subsection (a)(1)(E)) by the arresting agency,
12            the Department, and any other agency as ordered by
13            the court, within 60 days of the date of service of
14            the order, unless a motion to vacate, modify, or
15            reconsider the order is filed pursuant to
16            paragraph (12) of 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            and
26                (iii) in response to an inquiry for expunged

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB0482 Engrossed- 37 -LRB101 06221 JRG 51246 b

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

 

 

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

 

 

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1        (1) A trafficking victim as defined by paragraph (10)
2    of subsection (a) of Section 10-9 of the Criminal Code of
3    2012 shall be eligible to petition for immediate sealing of
4    his or her criminal record upon the completion of his or
5    her last sentence if his or her participation in the
6    underlying offense was a direct result of human trafficking
7    under Section 10-9 of the Criminal Code of 2012 or a severe
8    form of trafficking under the federal Trafficking Victims
9    Protection Act.
10        (2) A petitioner under this subsection (h), in addition
11    to the requirements provided under paragraph (4) of
12    subsection (d) of this Section, shall include in his or her
13    petition a clear and concise statement that: (A) he or she
14    was a victim of human trafficking at the time of the
15    offense; and (B) that his or her participation in the
16    offense was a direct result of human trafficking under
17    Section 10-9 of the Criminal Code of 2012 or a severe form
18    of trafficking under the federal Trafficking Victims
19    Protection Act.
20        (3) If an objection is filed alleging that the
21    petitioner is not entitled to immediate sealing under this
22    subsection (h), the court shall conduct a hearing under
23    paragraph (7) of subsection (d) of this Section and the
24    court shall determine whether the petitioner is entitled to
25    immediate sealing under this subsection (h). A petitioner
26    is eligible for immediate relief under this subsection (h)

 

 

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1    if he or she shows, by a preponderance of the evidence,
2    that: (A) he or she was a victim of human trafficking at
3    the time of the offense; and (B) that his or her
4    participation in the offense was a direct result of human
5    trafficking under Section 10-9 of the Criminal Code of 2012
6    or a severe form of trafficking under the federal
7    Trafficking Victims Protection Act.
8(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
9eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
1099-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
111-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692,
12eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18;
13100-863, eff. 8-14-18; revised 8-30-18.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.