Sen. Jacqueline Y. Collins

Filed: 3/12/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 482

2    AMENDMENT NO. ______. Amend Senate Bill 482 by replacing
3everything after the enacting clause with the following:
 
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),

 

 

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

 

 

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1        successfully completed by the petitioner is not a
2        conviction. An order of supervision or an order of
3        qualified probation that is terminated
4        unsatisfactorily is a conviction, unless the
5        unsatisfactory termination is reversed, vacated, or
6        modified and the judgment of conviction, if any, is
7        reversed or vacated.
8            (D) "Criminal offense" means a petty offense,
9        business offense, misdemeanor, felony, or municipal
10        ordinance violation (as defined in subsection
11        (a)(1)(H)). As used in this Section, a minor traffic
12        offense (as defined in subsection (a)(1)(G)) shall not
13        be considered a criminal offense.
14            (E) "Expunge" means to physically destroy the
15        records or return them to the petitioner and to
16        obliterate the petitioner's name from any official
17        index or public record, or both. Nothing in this Act
18        shall require the physical destruction of the circuit
19        court file, but such records relating to arrests or
20        charges, or both, ordered expunged shall be impounded
21        as required by subsections (d)(9)(A)(ii) and
22        (d)(9)(B)(ii).
23            (F) As used in this Section, "last sentence" means
24        the sentence, order of supervision, or order of
25        qualified probation (as defined by subsection
26        (a)(1)(J)), for a criminal offense (as defined by

 

 

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1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

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1        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2        of the Unified Code of Corrections, Section
3        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4        those provisions existed before their deletion by
5        Public Act 89-313), Section 10-102 of the Illinois
6        Alcoholism and Other Drug Dependency Act, Section
7        40-10 of the Substance Use Disorder Act, or Section 10
8        of the Steroid Control Act. For the purpose of this
9        Section, "successful completion" of an order of
10        qualified probation under Section 10-102 of the
11        Illinois Alcoholism and Other Drug Dependency Act and
12        Section 40-10 of the Substance Use Disorder Act means
13        that the probation was terminated satisfactorily and
14        the judgment of conviction was vacated.
15            (K) "Seal" means to physically and electronically
16        maintain the records, unless the records would
17        otherwise be destroyed due to age, but to make the
18        records unavailable without a court order, subject to
19        the exceptions in Sections 12 and 13 of this Act. The
20        petitioner's name shall also be obliterated from the
21        official index required to be kept by the circuit court
22        clerk under Section 16 of the Clerks of Courts Act, but
23        any index issued by the circuit court clerk before the
24        entry of the order to seal shall not be affected.
25            (L) "Sexual offense committed against a minor"
26        includes but is not limited to the offenses of indecent

 

 

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

 

 

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1    days after July 29, 2016 (the effective date of Public Act
2    99-697), the clerk of the circuit court shall expunge, upon
3    order of the court, or in the absence of a court order on
4    or before January 1 and July 1 of each year, the court
5    records of a person found in the circuit court to have
6    committed a civil law violation of subsection (a) of
7    Section 4 of the Cannabis Control Act or subsection (c) of
8    Section 3.5 of the Drug Paraphernalia Control Act in the
9    clerk's possession or control and which contains the final
10    satisfactory disposition which pertain to the person
11    issued a citation for any of those offenses.
12        (3) Exclusions. Except as otherwise provided in
13    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
14    of this Section, the court shall not order:
15            (A) the sealing or expungement of the records of
16        arrests or charges not initiated by arrest that result
17        in an order of supervision for or conviction of: (i)
18        any sexual offense committed against a minor; (ii)
19        Section 11-501 of the Illinois Vehicle Code or a
20        similar provision of a local ordinance; or (iii)
21        Section 11-503 of the Illinois Vehicle Code or a
22        similar provision of a local ordinance, unless the
23        arrest or charge is for a misdemeanor violation of
24        subsection (a) of Section 11-503 or a similar provision
25        of a local ordinance, that occurred prior to the
26        offender reaching the age of 25 years and the offender

 

 

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1        has no other conviction for violating Section 11-501 or
2        11-503 of the Illinois Vehicle Code or a similar
3        provision of a local ordinance.
4            (B) the sealing or expungement of records of minor
5        traffic offenses (as defined in subsection (a)(1)(G)),
6        unless the petitioner was arrested and released
7        without charging.
8            (C) the sealing of the records of arrests or
9        charges not initiated by arrest which result in an
10        order of supervision or a conviction for the following
11        offenses:
12                (i) offenses included in Article 11 of the
13            Criminal Code of 1961 or the Criminal Code of 2012
14            or a similar provision of a local ordinance, except
15            Section 11-14 and a misdemeanor violation of
16            Section 11-30 of the Criminal Code of 1961 or the
17            Criminal Code of 2012, or a similar provision of a
18            local ordinance;
19                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
20            26-5, or 48-1 of the Criminal Code of 1961 or the
21            Criminal Code of 2012, or a similar provision of a
22            local ordinance;
23                (iii) Sections 12-3.1 or 12-3.2 of the
24            Criminal Code of 1961 or the Criminal Code of 2012,
25            or Section 125 of the Stalking No Contact Order
26            Act, or Section 219 of the Civil No Contact Order

 

 

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

 

 

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1    the mere fact of the arrest.
2        (2) Time frame for filing a petition to expunge.
3            (A) When the arrest or charge not initiated by
4        arrest sought to be expunged resulted in an acquittal,
5        dismissal, the petitioner's release without charging,
6        or the reversal or vacation of a conviction, there is
7        no waiting period to petition for the expungement of
8        such records.
9            (B) When the arrest or charge not initiated by
10        arrest sought to be expunged resulted in an order of
11        supervision, successfully completed by the petitioner,
12        the following time frames will apply:
13                (i) Those arrests or charges that resulted in
14            orders of supervision under Section 3-707, 3-708,
15            3-710, or 5-401.3 of the Illinois Vehicle Code or a
16            similar provision of a local ordinance, or under
17            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
18            Code of 1961 or the Criminal Code of 2012, or a
19            similar provision of a local ordinance, shall not
20            be eligible for expungement until 5 years have
21            passed following the satisfactory termination of
22            the supervision.
23                (i-5) Those arrests or charges that resulted
24            in orders of supervision for a misdemeanor
25            violation of subsection (a) of Section 11-503 of
26            the Illinois Vehicle Code or a similar provision of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    disposition for an eligible record under this subsection
2    (c), the petitioner shall be informed by the court of the
3    right to have the records sealed and the procedures for the
4    sealing of the records.
5    (d) Procedure. The following procedures apply to
6expungement under subsections (b), (e), and (e-6) and sealing
7under subsections (c) and (e-5):
8        (1) Filing the petition. Upon becoming eligible to
9    petition for the expungement or sealing of records under
10    this Section, the petitioner shall file a petition
11    requesting the expungement or sealing of records with the
12    clerk of the court where the arrests occurred or the
13    charges were brought, or both. If arrests occurred or
14    charges were brought in multiple jurisdictions, a petition
15    must be filed in each such jurisdiction. The petitioner
16    shall pay the applicable fee, except no fee shall be
17    required if the petitioner has obtained a court order
18    waiving fees under Supreme Court Rule 298 or it is
19    otherwise waived.
20        (1.5) County fee waiver pilot program. From the
21    effective date of this amendatory Act of the 101st General
22    Assembly through December 31, 2020, in In a county of
23    3,000,000 or more inhabitants, no fee shall be required to
24    be paid by a petitioner if the records sought to be
25    expunged or sealed were arrests resulting in release
26    without charging or arrests or charges not initiated by

 

 

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1    arrest resulting in acquittal, dismissal, or conviction
2    when the conviction was reversed or vacated, unless
3    excluded by subsection (a)(3)(B). The provisions of this
4    paragraph (1.5), other than this sentence, are inoperative
5    on and after January 1, 2021 2019.
6        (2) Contents of petition. The petition shall be
7    verified and shall contain the petitioner's name, date of
8    birth, current address and, for each arrest or charge not
9    initiated by arrest sought to be sealed or expunged, the
10    case number, the date of arrest (if any), the identity of
11    the arresting authority, and such other information as the
12    court may require. During the pendency of the proceeding,
13    the petitioner shall promptly notify the circuit court
14    clerk of any change of his or her address. If the
15    petitioner has received a certificate of eligibility for
16    sealing from the Prisoner Review Board under paragraph (10)
17    of subsection (a) of Section 3-3-2 of the Unified Code of
18    Corrections, the certificate shall be attached to the
19    petition.
20        (3) Drug test. The petitioner must attach to the
21    petition proof that the petitioner has passed a test taken
22    within 30 days before the filing of the petition showing
23    the absence within his or her body of all illegal
24    substances as defined by the Illinois Controlled
25    Substances Act, the Methamphetamine Control and Community
26    Protection Act, and the Cannabis Control Act if he or she

 

 

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1    is petitioning to:
2            (A) seal felony records under clause (c)(2)(E);
3            (B) seal felony records for a violation of the
4        Illinois Controlled Substances Act, the
5        Methamphetamine Control and Community Protection Act,
6        or the Cannabis Control Act under clause (c)(2)(F);
7            (C) seal felony records under subsection (e-5); or
8            (D) expunge felony records of a qualified
9        probation under clause (b)(1)(iv).
10        (4) Service of petition. The circuit court clerk shall
11    promptly serve a copy of the petition and documentation to
12    support the petition under subsection (e-5) or (e-6) on the
13    State's Attorney or prosecutor charged with the duty of
14    prosecuting the offense, the Department of State Police,
15    the arresting agency and the chief legal officer of the
16    unit of local government effecting the arrest.
17        (5) Objections.
18            (A) Any party entitled to notice of the petition
19        may file an objection to the petition. All objections
20        shall be in writing, shall be filed with the circuit
21        court clerk, and shall state with specificity the basis
22        of the objection. Whenever a person who has been
23        convicted of an offense is granted a pardon by the
24        Governor which specifically authorizes expungement, an
25        objection to the petition may not be filed.
26            (B) Objections to a petition to expunge or seal

 

 

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1        must be filed within 60 days of the date of service of
2        the petition.
3        (6) Entry of order.
4            (A) The Chief Judge of the circuit wherein the
5        charge was brought, any judge of that circuit
6        designated by the Chief Judge, or in counties of less
7        than 3,000,000 inhabitants, the presiding trial judge
8        at the petitioner's trial, if any, shall rule on the
9        petition to expunge or seal as set forth in this
10        subsection (d)(6).
11            (B) Unless the State's Attorney or prosecutor, the
12        Department of State Police, the arresting agency, or
13        the chief legal officer files an objection to the
14        petition to expunge or seal within 60 days from the
15        date of service of the petition, the court shall enter
16        an order granting or denying the petition.
17            (C) Notwithstanding any other provision of law,
18        the court shall not deny a petition for sealing under
19        this Section because the petitioner has not satisfied
20        an outstanding legal financial obligation established,
21        imposed, or originated by a court, law enforcement
22        agency, or a municipal, State, county, or other unit of
23        local government, including, but not limited to, any
24        cost, assessment, fine, or fee. An outstanding legal
25        financial obligation does not include any court
26        ordered restitution to a victim under Section 5-5-6 of

 

 

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1        the Unified Code of Corrections, unless the
2        restitution has been converted to a civil judgment.
3        Nothing in this subparagraph (C) waives, rescinds, or
4        abrogates a legal financial obligation or otherwise
5        eliminates or affects the right of the holder of any
6        financial obligation to pursue collection under
7        applicable federal, State, or local law.
8        (7) Hearings. If an objection is filed, the court shall
9    set a date for a hearing and notify the petitioner and all
10    parties entitled to notice of the petition of the hearing
11    date at least 30 days prior to the hearing. Prior to the
12    hearing, the State's Attorney shall consult with the
13    Department as to the appropriateness of the relief sought
14    in the petition to expunge or seal. At the hearing, the
15    court shall hear evidence on whether the petition should or
16    should not be granted, and shall grant or deny the petition
17    to expunge or seal the records based on the evidence
18    presented at the hearing. The court may consider the
19    following:
20            (A) the strength of the evidence supporting the
21        defendant's conviction;
22            (B) the reasons for retention of the conviction
23        records by the State;
24            (C) the petitioner's age, criminal record history,
25        and employment history;
26            (D) the period of time between the petitioner's

 

 

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1        arrest on the charge resulting in the conviction and
2        the filing of the petition under this Section; and
3            (E) the specific adverse consequences the
4        petitioner may be subject to if the petition is denied.
5        (8) Service of order. After entering an order to
6    expunge or seal records, the court must provide copies of
7    the order to the Department, in a form and manner
8    prescribed by the Department, to the petitioner, to the
9    State's Attorney or prosecutor charged with the duty of
10    prosecuting the offense, to the arresting agency, to the
11    chief legal officer of the unit of local government
12    effecting the arrest, and to such other criminal justice
13    agencies as may be ordered by the court.
14        (9) Implementation of order.
15            (A) Upon entry of an order to expunge records
16        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
17                (i) the records shall be expunged (as defined
18            in subsection (a)(1)(E)) by the arresting agency,
19            the Department, and any other agency as ordered by
20            the court, within 60 days of the date of service of
21            the order, unless a motion to vacate, modify, or
22            reconsider the order is filed pursuant to
23            paragraph (12) of subsection (d) of this Section;
24                (ii) the records of the circuit court clerk
25            shall be impounded until further order of the court
26            upon good cause shown and the name of the

 

 

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1            petitioner obliterated on the official index
2            required to be kept by the circuit court clerk
3            under Section 16 of the Clerks of Courts Act, but
4            the order shall not affect any index issued by the
5            circuit court clerk before the entry of the order;
6            and
7                (iii) in response to an inquiry for expunged
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
11            existed.
12            (B) Upon entry of an order to expunge records
13        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
14                (i) the records shall be expunged (as defined
15            in subsection (a)(1)(E)) by the arresting agency
16            and any other agency as ordered by the court,
17            within 60 days of the date of service of the order,
18            unless a motion to vacate, modify, or reconsider
19            the order is filed pursuant to paragraph (12) of
20            subsection (d) of this Section;
21                (ii) the records of the circuit court clerk
22            shall be impounded until further order of the court
23            upon good cause shown and the name of the
24            petitioner obliterated on the official index
25            required to be kept by the circuit court clerk
26            under Section 16 of the Clerks of Courts Act, but

 

 

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

 

 

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

 

 

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

 

 

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1        judgment to expunge or seal records within 60 days of
2        the issuance of the court's mandate. The notice is not
3        required while any motion to vacate, modify, or
4        reconsider, or any appeal or petition for
5        discretionary appellate review, is pending.
6            (E) Upon motion, the court may order that a sealed
7        judgment or other court record necessary to
8        demonstrate the amount of any legal financial
9        obligation due and owing be made available for the
10        limited purpose of collecting any legal financial
11        obligations owed by the petitioner that were
12        established, imposed, or originated in the criminal
13        proceeding for which those records have been sealed.
14        The records made available under this subparagraph (E)
15        shall not be entered into the official index required
16        to be kept by the circuit court clerk under Section 16
17        of the Clerks of Courts Act and shall be immediately
18        re-impounded upon the collection of the outstanding
19        financial obligations.
20            (F) Notwithstanding any other provision of this
21        Section, a circuit court clerk may access a sealed
22        record for the limited purpose of collecting payment
23        for any legal financial obligations that were
24        established, imposed, or originated in the criminal
25        proceedings for which those records have been sealed.
26        (10) Fees. The Department may charge the petitioner a

 

 

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

 

 

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1    motion to vacate, modify, or reconsider the order granting
2    or denying the petition to expunge or seal within 60 days
3    of service of the order. If filed more than 60 days after
4    service of the order, a petition to vacate, modify, or
5    reconsider shall comply with subsection (c) of Section
6    2-1401 of the Code of Civil Procedure. Upon filing of a
7    motion to vacate, modify, or reconsider, notice of the
8    motion shall be served upon the petitioner and all parties
9    entitled to notice of the petition.
10        (13) Effect of Order. An order granting a petition
11    under the expungement or sealing provisions of this Section
12    shall not be considered void because it fails to comply
13    with the provisions of this Section or because of any error
14    asserted in a motion to vacate, modify, or reconsider. The
15    circuit court retains jurisdiction to determine whether
16    the order is voidable and to vacate, modify, or reconsider
17    its terms based on a motion filed under paragraph (12) of
18    this subsection (d).
19        (14) Compliance with Order Granting Petition to Seal
20    Records. Unless a court has entered a stay of an order
21    granting a petition to seal, all parties entitled to notice
22    of the petition must fully comply with the terms of the
23    order within 60 days of service of the order even if a
24    party is seeking relief from the order through a motion
25    filed under paragraph (12) of this subsection (d) or is
26    appealing the order.

 

 

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1        (15) Compliance with Order Granting Petition to
2    Expunge Records. While a party is seeking relief from the
3    order granting the petition to expunge through a motion
4    filed under paragraph (12) of this subsection (d) or is
5    appealing the order, and unless a court has entered a stay
6    of that order, the parties entitled to notice of the
7    petition must seal, but need not expunge, the records until
8    there is a final order on the motion for relief or, in the
9    case of an appeal, the issuance of that court's mandate.
10        (16) The changes to this subsection (d) made by Public
11    Act 98-163 apply to all petitions pending on August 5, 2013
12    (the effective date of Public Act 98-163) and to all orders
13    ruling on a petition to expunge or seal on or after August
14    5, 2013 (the effective date of Public Act 98-163).
15    (e) Whenever a person who has been convicted of an offense
16is granted a pardon by the Governor which specifically
17authorizes expungement, he or she may, upon verified petition
18to the Chief Judge of the circuit where the person had been
19convicted, any judge of the circuit designated by the Chief
20Judge, or in counties of less than 3,000,000 inhabitants, the
21presiding trial judge at the defendant's trial, have a court
22order entered 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 defendant

 

 

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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 pardoned but the order
5shall not affect any index issued by the circuit court clerk
6before the entry of the order. All records sealed by the
7Department may be disseminated by the Department only to the
8arresting authority, 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 sealed records of the Department pertaining
13to that individual. Upon entry of the order of expungement, the
14circuit court clerk shall promptly mail a copy of the order to
15the person who was pardoned.
16    (e-5) Whenever a person who has been convicted of an
17offense is granted a certificate of eligibility for sealing by
18the Prisoner Review Board which specifically authorizes
19sealing, he or she may, upon verified petition to the Chief
20Judge of the circuit where the person had been convicted, any
21judge of the circuit designated by the Chief Judge, or in
22counties of less than 3,000,000 inhabitants, the presiding
23trial judge at the petitioner's trial, have a court order
24entered sealing the record of arrest from the official records
25of the arresting authority and order that the records of the
26circuit court clerk and the Department be sealed until further

 

 

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

 

 

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1trial judge at the petitioner's trial, have a court order
2entered expunging the record of arrest from the official
3records of the arresting authority and order that the records
4of the circuit court clerk and the Department be sealed until
5further order of the court upon good cause shown or as
6otherwise provided herein, and the name of the petitioner
7obliterated from the official index requested to be kept by the
8circuit court clerk under Section 16 of the Clerks of Courts
9Act in connection with the arrest and conviction for the
10offense for which he or she had been granted the certificate
11but the order shall not affect any index issued by the circuit
12court clerk before the entry of the order. All records sealed
13by the Department may be disseminated by the Department only as
14required by this Act or to the arresting authority, a law
15enforcement agency, the State's Attorney, and the court upon a
16later arrest for the same or similar offense or for the purpose
17of sentencing for any subsequent felony. Upon conviction for
18any subsequent offense, the Department of Corrections shall
19have access to all expunged records of the Department
20pertaining to that individual. Upon entry of the order of
21expungement, the circuit court clerk shall promptly mail a copy
22of the order to the person who was granted the certificate of
23eligibility for expungement.
24    (f) Subject to available funding, the Illinois Department
25of Corrections shall conduct a study of the impact of sealing,
26especially on employment and recidivism rates, utilizing a

 

 

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1random sample of those who apply for the sealing of their
2criminal records under Public Act 93-211. At the request of the
3Illinois Department of Corrections, records of the Illinois
4Department of Employment Security shall be utilized as
5appropriate to assist in the study. The study shall not
6disclose any data in a manner that would allow the
7identification of any particular individual or employing unit.
8The study shall be made available to the General Assembly no
9later than September 1, 2010.
10    (g) Immediate Sealing.
11        (1) Applicability. Notwithstanding any other provision
12    of this Act to the contrary, and cumulative with any rights
13    to expungement or sealing of criminal records, this
14    subsection authorizes the immediate sealing of criminal
15    records of adults and of minors prosecuted as adults.
16        (2) Eligible Records. Arrests or charges not initiated
17    by arrest resulting in acquittal or dismissal with
18    prejudice, except as excluded by subsection (a)(3)(B),
19    that occur on or after January 1, 2018 (the effective date
20    of Public Act 100-282), may be sealed immediately if the
21    petition is filed with the circuit court clerk on the same
22    day and during the same hearing in which the case is
23    disposed.
24        (3) When Records are Eligible to be Immediately Sealed.
25    Eligible records under paragraph (2) of this subsection (g)
26    may be sealed immediately after entry of the final

 

 

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1    disposition of a case, notwithstanding the disposition of
2    other charges in the same case.
3        (4) Notice of Eligibility for Immediate Sealing. Upon
4    entry of a disposition for an eligible record under this
5    subsection (g), the defendant shall be informed by the
6    court of his or her right to have eligible records
7    immediately sealed and the procedure for the immediate
8    sealing of these records.
9        (5) Procedure. The following procedures apply to
10    immediate sealing under this subsection (g).
11            (A) Filing the Petition. Upon entry of the final
12        disposition of the case, the defendant's attorney may
13        immediately petition the court, on behalf of the
14        defendant, for immediate sealing of eligible records
15        under paragraph (2) of this subsection (g) that are
16        entered on or after January 1, 2018 (the effective date
17        of Public Act 100-282). The immediate sealing petition
18        may be filed with the circuit court clerk during the
19        hearing in which the final disposition of the case is
20        entered. If the defendant's attorney does not file the
21        petition for immediate sealing during the hearing, the
22        defendant may file a petition for sealing at any time
23        as authorized under subsection (c)(3)(A).
24            (B) Contents of Petition. The immediate sealing
25        petition shall be verified and shall contain the
26        petitioner's name, date of birth, current address, and

 

 

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1        for each eligible record, the case number, the date of
2        arrest if applicable, the identity of the arresting
3        authority if applicable, and other information as the
4        court may require.
5            (C) Drug Test. The petitioner shall not be required
6        to attach proof that he or she has passed a drug test.
7            (D) Service of Petition. A copy of the petition
8        shall be served on the State's Attorney in open court.
9        The petitioner shall not be required to serve a copy of
10        the petition on any other agency.
11            (E) Entry of Order. The presiding trial judge shall
12        enter an order granting or denying the petition for
13        immediate sealing during the hearing in which it is
14        filed. Petitions for immediate sealing shall be ruled
15        on in the same hearing in which the final disposition
16        of the case is entered.
17            (F) Hearings. The court shall hear the petition for
18        immediate sealing on the same day and during the same
19        hearing in which the disposition is rendered.
20            (G) Service of Order. An order to immediately seal
21        eligible records shall be served in conformance with
22        subsection (d)(8).
23            (H) Implementation of Order. An order to
24        immediately seal records shall be implemented in
25        conformance with subsections (d)(9)(C) and (d)(9)(D).
26            (I) Fees. The fee imposed by the circuit court

 

 

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1        clerk and the Department of State Police shall comply
2        with paragraph (1) of subsection (d) of this Section.
3            (J) Final Order. No court order issued under this
4        subsection (g) shall become final for purposes of
5        appeal until 30 days after service of the order on the
6        petitioner and all parties entitled to service of the
7        order in conformance with subsection (d)(8).
8            (K) Motion to Vacate, Modify, or Reconsider. Under
9        Section 2-1203 of the Code of Civil Procedure, the
10        petitioner, State's Attorney, or the Department of
11        State Police may file a motion to vacate, modify, or
12        reconsider the order denying the petition to
13        immediately seal within 60 days of service of the
14        order. If filed more than 60 days after service of the
15        order, a petition to vacate, modify, or reconsider
16        shall comply with subsection (c) of Section 2-1401 of
17        the Code of Civil Procedure.
18            (L) Effect of Order. An order granting an immediate
19        sealing petition shall not be considered void because
20        it fails to comply with the provisions of this Section
21        or because of an error asserted in a motion to vacate,
22        modify, or reconsider. The circuit court retains
23        jurisdiction to determine whether the order is
24        voidable, and to vacate, modify, or reconsider its
25        terms based on a motion filed under subparagraph (L) of
26        this subsection (g).

 

 

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1            (M) Compliance with Order Granting Petition to
2        Seal Records. Unless a court has entered a stay of an
3        order granting a petition to immediately seal, all
4        parties entitled to service of the order must fully
5        comply with the terms of the order within 60 days of
6        service of the order.
7    (h) Sealing; trafficking victims.
8        (1) A trafficking victim as defined by paragraph (10)
9    of subsection (a) of Section 10-9 of the Criminal Code of
10    2012 shall be eligible to petition for immediate sealing of
11    his or her criminal record upon the completion of his or
12    her last sentence if his or her participation in the
13    underlying offense was a direct result of human trafficking
14    under Section 10-9 of the Criminal Code of 2012 or a severe
15    form of trafficking under the federal Trafficking Victims
16    Protection Act.
17        (2) A petitioner under this subsection (h), in addition
18    to the requirements provided under paragraph (4) of
19    subsection (d) of this Section, shall include in his or her
20    petition a clear and concise statement that: (A) he or she
21    was a victim of human trafficking at the time of the
22    offense; and (B) that his or her participation in the
23    offense was a direct result of human trafficking under
24    Section 10-9 of the Criminal Code of 2012 or a severe form
25    of trafficking under the federal Trafficking Victims
26    Protection Act.

 

 

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1        (3) If an objection is filed alleging that the
2    petitioner is not entitled to immediate sealing under this
3    subsection (h), the court shall conduct a hearing under
4    paragraph (7) of subsection (d) of this Section and the
5    court shall determine whether the petitioner is entitled to
6    immediate sealing under this subsection (h). A petitioner
7    is eligible for immediate relief under this subsection (h)
8    if he or she shows, by a preponderance of the evidence,
9    that: (A) he or she was a victim of human trafficking at
10    the time of the offense; and (B) that his or her
11    participation in the offense was a direct result of human
12    trafficking under Section 10-9 of the Criminal Code of 2012
13    or a severe form of trafficking under the federal
14    Trafficking Victims Protection Act.
15(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
16eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
1799-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
181-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692,
19eff. 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18;
20100-863, eff. 8-14-18; revised 8-30-18.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".