Rep. Kelly M. Cassidy

Filed: 3/23/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 218

2    AMENDMENT NO. ______. Amend House Bill 218, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6changing Section 5.2 as follows:
 
7    (20 ILCS 2630/5.2)
8    Sec. 5.2. Expungement and sealing.
9    (a) General Provisions.
10        (1) Definitions. In this Act, words and phrases have
11    the meanings set forth in this subsection, except when a
12    particular context clearly requires a different meaning.
13            (A) The following terms shall have the meanings
14        ascribed to them in the Unified Code of Corrections,
15        730 ILCS 5/5-1-2 through 5/5-1-22:
16                (i) Business Offense (730 ILCS 5/5-1-2),

 

 

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

 

 

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

 

 

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

 

 

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1        Section 70 of the Methamphetamine Control and
2        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
3        of the Unified Code of Corrections, Section
4        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
5        those provisions existed before their deletion by
6        Public Act 89-313), Section 10-102 of the Illinois
7        Alcoholism and Other Drug Dependency Act, Section
8        40-10 of the Alcoholism and Other Drug Abuse and
9        Dependency Act, or Section 10 of the Steroid Control
10        Act. For the purpose of this Section, "successful
11        completion" of an order of qualified probation under
12        Section 10-102 of the Illinois Alcoholism and Other
13        Drug Dependency Act and Section 40-10 of the Alcoholism
14        and Other Drug Abuse and Dependency Act means that the
15        probation was terminated satisfactorily and the
16        judgment of conviction was vacated.
17            (K) "Seal" means to physically and electronically
18        maintain the records, unless the records would
19        otherwise be destroyed due to age, but to make the
20        records unavailable without a court order, subject to
21        the exceptions in Sections 12 and 13 of this Act. The
22        petitioner's name shall also be obliterated from the
23        official index required to be kept by the circuit court
24        clerk under Section 16 of the Clerks of Courts Act, but
25        any index issued by the circuit court clerk before the
26        entry of the order to seal shall not be affected.

 

 

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1            (L) "Sexual offense committed against a minor"
2        includes but is not limited to the offenses of indecent
3        solicitation of a child or criminal sexual abuse when
4        the victim of such offense is under 18 years of age.
5            (M) "Terminate" as it relates to a sentence or
6        order of supervision or qualified probation includes
7        either satisfactory or unsatisfactory termination of
8        the sentence, unless otherwise specified in this
9        Section.
10        (2) Minor Traffic Offenses. Orders of supervision or
11    convictions for minor traffic offenses shall not affect a
12    petitioner's eligibility to expunge or seal records
13    pursuant to this Section.
14        (2.5) Commencing 180 days after the effective date of
15    this amendatory Act of the 99th General Assembly, the law
16    enforcement agency issuing the citation shall
17    automatically expunge, on or before January 1 and July 1 of
18    each year, the law enforcement records of a person found to
19    have committed a civil law violation of subsection (a) of
20    Section 4 of the Cannabis Control Act or subsection (c) of
21    Section 3.5 of the Drug Paraphernalia Control Act in the
22    law enforcement agency's possession or control and which
23    contains the final satisfactory disposition which pertain
24    to the person issued a citation for that offense. The law
25    enforcement agency shall allow a person to use an Access
26    and Review process, as established in the Department of

 

 

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1    State Police, for verifying that his or her law enforcement
2    records eligible under this paragraph (2.5) have been
3    expunged as provided in this paragraph. The law enforcement
4    agency shall provide by rule the process for access,
5    review, and automatic expungement. Commencing 180 days
6    after the effective date of this amendatory Act of the 99th
7    General Assembly, the clerk of the circuit court shall
8    automatically expunge, on or before January 1 and July 1 of
9    each year, the court records of a person found in the
10    circuit court to have committed a civil law violation of
11    subsection (a) of Section 4 of the Cannabis Control Act or
12    subsection (c) of Section 3.5 of the Drug Paraphernalia
13    Control Act in the clerk's possession or control and which
14    contains the final satisfactory disposition which pertain
15    to the person issued a citation for any of those offenses.
16        (3) Exclusions. Except as otherwise provided in
17    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
18    of this Section, the court shall not order:
19            (A) the sealing or expungement of the records of
20        arrests or charges not initiated by arrest that result
21        in an order of supervision for or conviction of: (i)
22        any sexual offense committed against a minor; (ii)
23        Section 11-501 of the Illinois Vehicle Code or a
24        similar provision of a local ordinance; or (iii)
25        Section 11-503 of the Illinois Vehicle Code or a
26        similar provision of a local ordinance, unless the

 

 

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

 

 

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1            Criminal Code of 1961 or the Criminal Code of 2012,
2            or Section 125 of the Stalking No Contact Order
3            Act, or Section 219 of the Civil No Contact Order
4            Act, or a similar provision of a local ordinance;
5                (iv) offenses which are Class A misdemeanors
6            under the Humane Care for Animals Act; or
7                (v) any offense or attempted offense that
8            would subject a person to registration under the
9            Sex Offender Registration Act.
10            (D) the sealing of the records of an arrest which
11        results in the petitioner being charged with a felony
12        offense or records of a charge not initiated by arrest
13        for a felony offense unless:
14                (i) the charge is amended to a misdemeanor and
15            is otherwise eligible to be sealed pursuant to
16            subsection (c);
17                (ii) the charge is brought along with another
18            charge as a part of one case and the charge results
19            in acquittal, dismissal, or conviction when the
20            conviction was reversed or vacated, and another
21            charge brought in the same case results in a
22            disposition for a misdemeanor offense that is
23            eligible to be sealed pursuant to subsection (c) or
24            a disposition listed in paragraph (i), (iii), or
25            (iv) of this subsection;
26                (iii) the charge results in first offender

 

 

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1            probation as set forth in subsection (c)(2)(E);
2                (iv) the charge is for a felony offense listed
3            in subsection (c)(2)(F) or the charge is amended to
4            a felony offense listed in subsection (c)(2)(F);
5                (v) the charge results in acquittal,
6            dismissal, or the petitioner's release without
7            conviction; or
8                (vi) the charge results in a conviction, but
9            the conviction was reversed or vacated.
10    (b) Expungement.
11        (1) A petitioner may petition the circuit court to
12    expunge the records of his or her arrests and charges not
13    initiated by arrest when:
14            (A) He or she has never been convicted of a
15        criminal offense; and
16            (B) Each arrest or charge not initiated by arrest
17        sought to be expunged resulted in: (i) acquittal,
18        dismissal, or the petitioner's release without
19        charging, unless excluded by subsection (a)(3)(B);
20        (ii) a conviction which was vacated or reversed, unless
21        excluded by subsection (a)(3)(B); (iii) an order of
22        supervision and such supervision was successfully
23        completed by the petitioner, unless excluded by
24        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
25        qualified probation (as defined in subsection
26        (a)(1)(J)) and such probation was successfully

 

 

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1        completed by the petitioner.
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 Alcoholism and Other Drug Abuse and Dependency Act, or
10    Section 10 of the 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.
24        (2) Eligible Records. The following records may be
25    sealed:
26            (A) All arrests resulting in release without

 

 

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1        charging;
2            (B) Arrests or charges not initiated by arrest
3        resulting in acquittal, dismissal, or conviction when
4        the conviction was reversed or vacated, except as
5        excluded by subsection (a)(3)(B);
6            (C) Arrests or charges not initiated by arrest
7        resulting in orders of supervision, including orders
8        of supervision for municipal ordinance violations,
9        successfully completed by the petitioner, unless
10        excluded by subsection (a)(3);
11            (D) Arrests or charges not initiated by arrest
12        resulting in convictions, including convictions on
13        municipal ordinance violations, unless excluded by
14        subsection (a)(3);
15            (E) Arrests or charges not initiated by arrest
16        resulting in orders of first offender probation under
17        Section 10 of the Cannabis Control Act, Section 410 of
18        the Illinois Controlled Substances Act, Section 70 of
19        the Methamphetamine Control and Community Protection
20        Act, or Section 5-6-3.3 of the Unified Code of
21        Corrections; and
22            (F) Arrests or charges not initiated by arrest
23        resulting in felony convictions for the following
24        offenses:
25                (i) Class 4 felony convictions for:
26                    Prostitution under Section 11-14 of the

 

 

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1                Criminal Code of 1961 or the Criminal Code of
2                2012.
3                    Possession of cannabis under Section 4 of
4                the Cannabis Control Act.
5                    Possession of a controlled substance under
6                Section 402 of the Illinois Controlled
7                Substances Act.
8                    Offenses under the Methamphetamine
9                Precursor Control Act.
10                    Offenses under the Steroid Control Act.
11                    Theft under Section 16-1 of the Criminal
12                Code of 1961 or the Criminal Code of 2012.
13                    Retail theft under Section 16A-3 or
14                paragraph (a) of 16-25 of the Criminal Code of
15                1961 or the Criminal Code of 2012.
16                    Deceptive practices under Section 17-1 of
17                the Criminal Code of 1961 or the Criminal Code
18                of 2012.
19                    Forgery under Section 17-3 of the Criminal
20                Code of 1961 or the Criminal Code of 2012.
21                    Possession of burglary tools under Section
22                19-2 of the Criminal Code of 1961 or the
23                Criminal Code of 2012.
24            (ii) Class 3 felony convictions for:
25                    Theft under Section 16-1 of the Criminal
26                Code of 1961 or the Criminal Code of 2012.

 

 

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1                    Retail theft under Section 16A-3 or
2                paragraph (a) of 16-25 of the Criminal Code of
3                1961 or the Criminal Code of 2012.
4                    Deceptive practices under Section 17-1 of
5                the Criminal Code of 1961 or the Criminal Code
6                of 2012.
7                    Forgery under Section 17-3 of the Criminal
8                Code of 1961 or the Criminal Code of 2012.
9                    Possession with intent to manufacture or
10                deliver a controlled substance under Section
11                401 of the Illinois Controlled Substances Act.
12        (3) When Records Are Eligible to Be Sealed. Records
13    identified as eligible under subsection (c)(2) may be
14    sealed as follows:
15            (A) Records identified as eligible under
16        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
17        time.
18            (B) Records identified as eligible under
19        subsection (c)(2)(C) may be sealed (i) 3 years after
20        the termination of petitioner's last sentence (as
21        defined in subsection (a)(1)(F)) if the petitioner has
22        never been convicted of a criminal offense (as defined
23        in subsection (a)(1)(D)); or (ii) 4 years after the
24        termination of the petitioner's last sentence (as
25        defined in subsection (a)(1)(F)) if the petitioner has
26        ever been convicted of a criminal offense (as defined

 

 

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1        in subsection (a)(1)(D)).
2            (C) Records identified as eligible under
3        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
4        sealed 4 years after the termination of the
5        petitioner's last sentence (as defined in subsection
6        (a)(1)(F)).
7            (D) Records identified in subsection
8        (a)(3)(A)(iii) may be sealed after the petitioner has
9        reached the age of 25 years.
10        (4) Subsequent felony convictions. A person may not
11    have subsequent felony conviction records sealed as
12    provided in this subsection (c) if he or she is convicted
13    of any felony offense after the date of the sealing of
14    prior felony convictions as provided in this subsection
15    (c). The court may, upon conviction for a subsequent felony
16    offense, order the unsealing of prior felony conviction
17    records previously ordered sealed by the court.
18        (5) Notice of eligibility for sealing. Upon entry of a
19    disposition for an eligible record under this subsection
20    (c), the petitioner shall be informed by the court of the
21    right to have the records sealed and the procedures for the
22    sealing of the records.
23    (d) Procedure. The following procedures apply to
24expungement under subsections (b), (e), and (e-6) and sealing
25under subsections (c) and (e-5):
26        (1) Filing the petition. Upon becoming eligible to

 

 

09900HB0218ham002- 20 -LRB099 04095 RLC 33115 a

1    petition for the expungement or sealing of records under
2    this Section, the petitioner shall file a petition
3    requesting the expungement or sealing of records with the
4    clerk of the court where the arrests occurred or the
5    charges were brought, or both. If arrests occurred or
6    charges were brought in multiple jurisdictions, a petition
7    must be filed in each such jurisdiction. The petitioner
8    shall pay the applicable fee, if not waived.
9        (2) Contents of petition. The petition shall be
10    verified and shall contain the petitioner's name, date of
11    birth, current address and, for each arrest or charge not
12    initiated by arrest sought to be sealed or expunged, the
13    case number, the date of arrest (if any), the identity of
14    the arresting authority, and such other information as the
15    court may require. During the pendency of the proceeding,
16    the petitioner shall promptly notify the circuit court
17    clerk of any change of his or her address. If the
18    petitioner has received a certificate of eligibility for
19    sealing from the Prisoner Review Board under paragraph (10)
20    of subsection (a) of Section 3-3-2 of the Unified Code of
21    Corrections, the certificate shall be attached to the
22    petition.
23        (3) Drug test. The petitioner must attach to the
24    petition proof that the petitioner has passed a test taken
25    within 30 days before the filing of the petition showing
26    the absence within his or her body of all illegal

 

 

09900HB0218ham002- 21 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 22 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 23 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 24 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 25 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 26 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 27 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 28 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 29 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 30 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 31 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 32 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 33 -LRB099 04095 RLC 33115 a

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

 

 

09900HB0218ham002- 34 -LRB099 04095 RLC 33115 a

1court clerk before the entry of the order. All records sealed
2by the Department 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 expunged records of the Department
9pertaining to that individual. Upon entry of the order of
10expungement, the circuit court clerk shall promptly mail a copy
11of the order to the person who was granted the certificate of
12eligibility for expungement.
13    (f) Subject to available funding, the Illinois Department
14of Corrections shall conduct a study of the impact of sealing,
15especially on employment and recidivism rates, utilizing a
16random sample of those who apply for the sealing of their
17criminal records under Public Act 93-211. At the request of the
18Illinois Department of Corrections, records of the Illinois
19Department of Employment Security shall be utilized as
20appropriate to assist in the study. The study shall not
21disclose any data in a manner that would allow the
22identification of any particular individual or employing unit.
23The study shall be made available to the General Assembly no
24later than September 1, 2010.
25(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
2697-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.

 

 

09900HB0218ham002- 35 -LRB099 04095 RLC 33115 a

11-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
2eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
3eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
4eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
598-1009, eff. 1-1-15; revised 9-30-14.)
 
6    Section 10. The Cannabis Control Act is amended by changing
7Section 4 as follows:
 
8    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
9    Sec. 4. It is unlawful for any person knowingly to possess
10cannabis. Any person who violates this section with respect to:
11        (a) not more than 15 2.5 grams of any substance
12    containing cannabis is guilty of a civil law violation
13    punishable by a maximum fine of $125. The proceeds of the
14    fine shall be payable to the clerk of the circuit court who
15    shall deposit the moneys from the fine into a special fund
16    in the county treasury. Within 30 days after the deposit of
17    the fine into the special fund, the county treasurer shall
18    distribute the proceeds of the fine as follows:
19            (1) $10 of the fine to the circuit clerk and $10 of
20        the fine to the law enforcement agency that issued the
21        citation; the proceeds of each $10 fine distributed to
22        the circuit clerk and each $10 fine distributed to the
23        law enforcement agency that issued the citation for the
24        violation shall be used to defer the cost of automatic

 

 

09900HB0218ham002- 36 -LRB099 04095 RLC 33115 a

1        expungements under paragraph (2.5) of subsection (a)
2        of Section 5.2 of the Criminal Identification Act;
3            (2) $15 to the county to fund drug addiction
4        services; and
5            (3) the remainder of the fine to the law
6        enforcement agency that issued the citation for the
7        violation Class C misdemeanor;
8        (b) more than 15 2.5 grams but not more than 30 10
9    grams of any substance containing cannabis is guilty of a
10    Class B misdemeanor;
11        (c) more than 30 10 grams but not more than 100 30
12    grams of any substance containing cannabis is guilty of a
13    Class A misdemeanor; provided, that if any offense under
14    this subsection (c) is a subsequent offense, the offender
15    shall be guilty of a Class 4 felony;
16        (d) more than 100 30 grams but not more than 500 grams
17    of any substance containing cannabis is guilty of a Class 4
18    felony; provided that if any offense under this subsection
19    (d) is a subsequent offense, the offender shall be guilty
20    of a Class 3 felony;
21        (e) more than 500 grams but not more than 2,000 grams
22    of any substance containing cannabis is guilty of a Class 3
23    felony;
24        (f) more than 2,000 grams but not more than 5,000 grams
25    of any substance containing cannabis is guilty of a Class 2
26    felony;

 

 

09900HB0218ham002- 37 -LRB099 04095 RLC 33115 a

1        (g) more than 5,000 grams of any substance containing
2    cannabis is guilty of a Class 1 felony.
3(Source: P.A. 90-397, eff. 8-15-97.)
 
4    Section 15. The Drug Paraphernalia Control Act is amended
5by changing Section 3.5 as follows:
 
6    (720 ILCS 600/3.5)
7    Sec. 3.5. Possession of drug paraphernalia.
8    (a) A person who knowingly possesses an item of drug
9paraphernalia with the intent to use it in ingesting, inhaling,
10or otherwise introducing cannabis or a controlled substance
11into the human body, or in preparing cannabis or a controlled
12substance for that use, is guilty of a Class A misdemeanor for
13which the court shall impose a minimum fine of $750 in addition
14to any other penalty prescribed for a Class A misdemeanor. This
15subsection (a) does not apply to a person who is legally
16authorized to possess hypodermic syringes or needles under the
17Hypodermic Syringes and Needles Act.
18    (b) In determining intent under subsection (a), the trier
19of fact may take into consideration the proximity of the
20cannabis or controlled substances to drug paraphernalia or the
21presence of cannabis or a controlled substance on the drug
22paraphernalia.
23    (c) If a person violates subsection (a) of Section 4 of the
24Cannabis Control Act, the penalty for possession of any drug

 

 

09900HB0218ham002- 38 -LRB099 04095 RLC 33115 a

1paraphernalia seized during the violation for that offense
2shall be a civil law violation punishable by a maximum fine of
3$125. The proceeds of the fine shall be payable to the clerk of
4the circuit court who shall deposit the moneys from the fine
5into a special fund in the county treasury. Within 30 days
6after the deposit of the fine into the special fund, the county
7treasurer shall distribute the proceeds of the fine as follows:
8        (1) $10 of the fine to the circuit clerk and $10 of the
9    fine to the law enforcement agency that issued the
10    citation; the proceeds of each $10 fine distributed to the
11    circuit clerk and each $10 fine distributed to the law
12    enforcement agency that issued the citation for the
13    violation shall be used to defer the cost of automatic
14    expungements under paragraph (2.5) of subsection (a) of
15    Section 5.2 of the Criminal Identification Act;
16        (2) $15 to the county to fund drug addiction services;
17    and
18        (3) the remainder of the fine to the law enforcement
19    agency that issued the citation for the violation.
20(Source: P.A. 93-392, eff. 7-25-03.)".