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Full Text of HB2776  100th General Assembly

HB2776 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2776

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Provides that the State's Attorney shall petition the circuit court when the arrest or charge not initiated by arrest sought to be expunged is for retail theft of property the full retail value of which does not exceed $300; criminal trespass to real property; criminal trespass to State supported land; a traffic offense, except for any offense involving fleeing or attempting to elude a peace officer or aggravated fleeing or attempting to elude a peace officer, driving under the influence, or any offense that results in bodily harm; or a Class 4 felony violation of the Illinois Controlled Substances Act which results in acquittal, dismissal, or the reversal or vacation of a conviction immediately upon the State's Attorney not to charge or upon entry of acquittal, dismissal, reversal, or vacation. Provides that the circuit court shall promptly enter an order within 90 days upon the filing of a petition under this provision.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2776LRB100 11061 SLF 21301 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            (D) the sealing of the records of an arrest which
2        results in the petitioner being charged with a felony
3        offense or records of a charge not initiated by arrest
4        for a felony offense unless:
5                (i) the charge is amended to a misdemeanor and
6            is otherwise eligible to be sealed pursuant to
7            subsection (c);
8                (ii) the charge is brought along with another
9            charge as a part of one case and the charge results
10            in acquittal, dismissal, or conviction when the
11            conviction was reversed or vacated, and another
12            charge brought in the same case results in a
13            disposition for a misdemeanor offense that is
14            eligible to be sealed pursuant to subsection (c) or
15            a disposition listed in paragraph (i), (iii), or
16            (iv) of this subsection;
17                (iii) the charge results in first offender
18            probation as set forth in subsection (c)(2)(E);
19                (iv) the charge is for a felony offense listed
20            in subsection (c)(2)(F) or the charge is amended to
21            a felony offense listed in subsection (c)(2)(F);
22                (v) the charge results in acquittal,
23            dismissal, or the petitioner's release without
24            conviction; or
25                (vi) the charge results in a conviction, but
26            the conviction was reversed or vacated.

 

 

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1    (b) Expungement.
2        (1) A petitioner may petition the circuit court to
3    expunge the records of his or her arrests and charges not
4    initiated by arrest when each arrest or charge not
5    initiated by arrest sought to be expunged resulted in: (i)
6    acquittal, dismissal, or the petitioner's release without
7    charging, unless excluded by subsection (a)(3)(B); (ii) a
8    conviction which was vacated or reversed, unless excluded
9    by subsection (a)(3)(B); (iii) an order of supervision and
10    such supervision was successfully completed by the
11    petitioner, unless excluded by subsection (a)(3)(A) or
12    (a)(3)(B); or (iv) an order of qualified probation (as
13    defined in subsection (a)(1)(J)) and such probation was
14    successfully completed by the petitioner.
15        (1.3) The State's Attorney shall petition the circuit
16    court when the arrest or charge not initiated by arrest
17    sought to be expunged for retail theft of property the full
18    retail value of which does not exceed $300 under Section
19    16-25 of the Criminal Code of 2012; criminal trespass to
20    real property under Section 21-3 of the Criminal Code of
21    2012; criminal trespass to State supported land under
22    Section 21-5 of the Criminal Code of 2012; a traffic
23    offense, except for any offense involving fleeing or
24    attempting to elude a peace officer or aggravated fleeing
25    or attempting to elude a peace officer under Section 11-204
26    or 11-204.1 of the Illinois Vehicle Code, driving under the

 

 

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1    influence under Section 11-501 of the Illinois Vehicle
2    Code, or any offense that results in bodily harm; or a
3    Class 4 felony violation of the Illinois Controlled
4    Substances Act which results in acquittal, dismissal, or
5    the reversal or vacation of a conviction immediately upon
6    the State's Attorney not to charge or upon entry of
7    acquittal, dismissal, reversal, or vacation.
8        (1.5) When a petitioner seeks to have a record of
9    arrest expunged under this Section, and the offender has
10    been convicted of a criminal offense, the State's Attorney
11    may object to the expungement on the grounds that the
12    records contain specific relevant information aside from
13    the mere fact of the arrest.
14        (2) Time frame for filing a petition to expunge.
15            (A) When the arrest or charge not initiated by
16        arrest sought to be expunged resulted in an acquittal,
17        dismissal, the petitioner's release without charging,
18        or the reversal or vacation of a conviction, there is
19        no waiting period to petition for the expungement of
20        such records.
21            (B) When the arrest or charge not initiated by
22        arrest sought to be expunged resulted in an order of
23        supervision, successfully completed by the petitioner,
24        the following time frames will apply:
25                (i) Those arrests or charges that resulted in
26            orders of supervision under Section 3-707, 3-708,

 

 

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

 

 

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

 

 

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

 

 

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1        (6) If a conviction has been set aside on direct review
2    or on collateral attack and the court determines by clear
3    and convincing evidence that the petitioner was factually
4    innocent of the charge, the court that finds the petitioner
5    factually innocent of the charge shall enter an expungement
6    order for the conviction for which the petitioner has been
7    determined to be innocent as provided in subsection (b) of
8    Section 5-5-4 of the Unified Code of Corrections.
9        (7) Nothing in this Section shall prevent the
10    Department of State Police from maintaining all records of
11    any person who is admitted to probation upon terms and
12    conditions and who fulfills those terms and conditions
13    pursuant to Section 10 of the Cannabis Control Act, Section
14    410 of the Illinois Controlled Substances Act, Section 70
15    of the Methamphetamine Control and Community Protection
16    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
17    Corrections, Section 12-4.3 or subdivision (b)(1) of
18    Section 12-3.05 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, Section 10-102 of the Illinois
20    Alcoholism and Other Drug Dependency Act, Section 40-10 of
21    the Alcoholism and Other Drug Abuse and Dependency Act, or
22    Section 10 of the Steroid Control Act.
23        (8) If the petitioner has been granted a certificate of
24    innocence under Section 2-702 of the Code of Civil
25    Procedure, the court that grants the certificate of
26    innocence shall also enter an order expunging the

 

 

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1    conviction for which the petitioner has been determined to
2    be innocent as provided in subsection (h) of Section 2-702
3    of the Code of Civil Procedure.
4    (c) Sealing.
5        (1) Applicability. Notwithstanding any other provision
6    of this Act to the contrary, and cumulative with any rights
7    to expungement of criminal records, this subsection
8    authorizes the sealing of criminal records of adults and of
9    minors prosecuted as adults.
10        (2) Eligible Records. The following records may be
11    sealed:
12            (A) All arrests resulting in release without
13        charging;
14            (B) Arrests or charges not initiated by arrest
15        resulting in acquittal, dismissal, or conviction when
16        the conviction was reversed or vacated, except as
17        excluded by subsection (a)(3)(B);
18            (C) Arrests or charges not initiated by arrest
19        resulting in orders of supervision, including orders
20        of supervision for municipal ordinance violations,
21        successfully completed by the petitioner, unless
22        excluded by subsection (a)(3);
23            (D) Arrests or charges not initiated by arrest
24        resulting in convictions, including convictions on
25        municipal ordinance violations, unless excluded by
26        subsection (a)(3);

 

 

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1            (E) Arrests or charges not initiated by arrest
2        resulting in orders of first offender probation under
3        Section 10 of the Cannabis Control Act, Section 410 of
4        the Illinois Controlled Substances Act, Section 70 of
5        the Methamphetamine Control and Community Protection
6        Act, or Section 5-6-3.3 of the Unified Code of
7        Corrections; and
8            (F) Arrests or charges not initiated by arrest
9        resulting in felony convictions for the following
10        offenses:
11                (i) Class 4 felony convictions for:
12                    Prostitution under Section 11-14 of the
13                Criminal Code of 1961 or the Criminal Code of
14                2012.
15                    Possession of cannabis under Section 4 of
16                the Cannabis Control Act.
17                    Possession of a controlled substance under
18                Section 402 of the Illinois Controlled
19                Substances Act.
20                    Offenses under the Methamphetamine
21                Precursor Control Act.
22                    Offenses under the Steroid Control Act.
23                    Theft under Section 16-1 of the Criminal
24                Code of 1961 or the Criminal Code of 2012.
25                    Retail theft under Section 16A-3 or
26                paragraph (a) of 16-25 of the Criminal Code of

 

 

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1                1961 or the Criminal Code of 2012.
2                    Deceptive practices under Section 17-1 of
3                the Criminal Code of 1961 or the Criminal Code
4                of 2012.
5                    Forgery under Section 17-3 of the Criminal
6                Code of 1961 or the Criminal Code of 2012.
7                    Possession of burglary tools under Section
8                19-2 of the Criminal Code of 1961 or the
9                Criminal Code of 2012.
10            (ii) Class 3 felony convictions for:
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 with intent to manufacture or
22                deliver a controlled substance under Section
23                401 of the Illinois Controlled Substances Act.
24        (3) When Records Are Eligible to Be Sealed. Records
25    identified as eligible under subsection (c)(2) may be
26    sealed as follows:

 

 

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1            (A) Records identified as eligible under
2        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
3        time.
4            (B) Except as otherwise provided in subparagraph
5        (E) of this paragraph (3), records identified as
6        eligible under subsection (c)(2)(C) may be sealed 2
7        years after the termination of petitioner's last
8        sentence (as defined in subsection (a)(1)(F)).
9            (C) Except as otherwise provided in subparagraph
10        (E) of this paragraph (3), records identified as
11        eligible under subsections (c)(2)(D), (c)(2)(E), and
12        (c)(2)(F) may be sealed 3 years after the termination
13        of the petitioner's last sentence (as defined in
14        subsection (a)(1)(F)).
15            (D) Records identified in subsection
16        (a)(3)(A)(iii) may be sealed after the petitioner has
17        reached the age of 25 years.
18            (E) Records identified as eligible under
19        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
20        (c)(2)(F) may be sealed upon termination of the
21        petitioner's last sentence if the petitioner earned a
22        high school diploma, associate's degree, career
23        certificate, vocational technical certification, or
24        bachelor's degree, or passed the high school level Test
25        of General Educational Development, during the period
26        of his or her sentence, aftercare release, or mandatory

 

 

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1        supervised release. This subparagraph shall apply only
2        to a petitioner who has not completed the same
3        educational goal prior to the period of his or her
4        sentence, aftercare release, or mandatory supervised
5        release. If a petition for sealing eligible records
6        filed under this subparagraph is denied by the court,
7        the time periods under subparagraph (B) or (C) shall
8        apply to any subsequent petition for sealing filed by
9        the petitioner.
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

 

 

HB2776- 21 -LRB100 11061 SLF 21301 b

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, except no fee shall be
9    required if the petitioner has obtained a court order
10    waiving fees under Supreme Court Rule 298 or it is
11    otherwise waived.
12        (1.5) County fee waiver pilot program. In a county of
13    3,000,000 or more inhabitants, no fee shall be required to
14    be paid by a petitioner if the records sought to be
15    expunged or sealed were arrests resulting in release
16    without charging or arrests or charges not initiated by
17    arrest resulting in acquittal, dismissal, or conviction
18    when the conviction was reversed or vacated, unless
19    excluded by subsection (a)(3)(B). The provisions of this
20    paragraph (1.5), other than this sentence, are inoperative
21    on and after January 1, 2018 or one year after January 1,
22    2017 (the effective date of Public Act 99-881) this
23    amendatory Act of the 99th General Assembly, whichever is
24    later.
25        (2) Contents of petition. The petition shall be
26    verified and shall contain the petitioner's name, date of

 

 

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

 

 

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

 

 

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1        at the petitioner's trial, if any, shall rule on the
2        petition to expunge or seal as set forth in this
3        subsection (d)(6).
4            (B) Unless the State's Attorney or prosecutor, the
5        Department of State Police, the arresting agency, or
6        the chief legal officer files an objection to the
7        petition to expunge or seal within 60 days from the
8        date of service of the petition, the court shall enter
9        an order granting or denying the petition.
10            (C) The circuit court shall promptly enter an order
11        within 90 days upon the filing of a petition under
12        paragraph (1.3) of subsection (b) of this Section.
13        (7) Hearings. If an objection is filed, the court shall
14    set a date for a hearing and notify the petitioner and all
15    parties entitled to notice of the petition of the hearing
16    date at least 30 days prior to the hearing. Prior to the
17    hearing, the State's Attorney shall consult with the
18    Department as to the appropriateness of the relief sought
19    in the petition to expunge or seal. At the hearing, the
20    court shall hear evidence on whether the petition should or
21    should not be granted, and shall grant or deny the petition
22    to expunge or seal the records based on the evidence
23    presented at the hearing. The court may consider the
24    following:
25            (A) the strength of the evidence supporting the
26        defendant's conviction;

 

 

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

 

 

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

 

 

HB2776- 27 -LRB100 11061 SLF 21301 b

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

 

 

HB2776- 28 -LRB100 11061 SLF 21301 b

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

 

 

HB2776- 29 -LRB100 11061 SLF 21301 b

1            by law or to the arresting authority, the State's
2            Attorney, and the court upon a later arrest for the
3            same or a similar offense or for the purpose of
4            sentencing for any subsequent felony, and to the
5            Department of Corrections upon conviction for any
6            offense; and
7                (v) in response to an inquiry for these records
8            from anyone not authorized by law to access the
9            records, the court, the Department, or the agency
10            receiving the inquiry shall reply as it does in
11            response to inquiries when no records ever
12            existed.
13            (C) Upon entry of an order to seal records under
14        subsection (c), the arresting agency, any other agency
15        as ordered by the court, the Department, and the court
16        shall seal the records (as defined in subsection
17        (a)(1)(K)). 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 existed.
22            (D) The Department shall send written notice to the
23        petitioner of its compliance with each order to expunge
24        or seal records within 60 days of the date of service
25        of that order or, if a motion to vacate, modify, or
26        reconsider is filed, within 60 days of service of the

 

 

HB2776- 30 -LRB100 11061 SLF 21301 b

1        order resolving the motion, if that order requires the
2        Department to expunge or seal records. In the event of
3        an appeal from the circuit court order, the Department
4        shall send written notice to the petitioner of its
5        compliance with an Appellate Court or Supreme Court
6        judgment to expunge or seal records within 60 days of
7        the issuance of the court's mandate. The notice is not
8        required while any motion to vacate, modify, or
9        reconsider, or any appeal or petition for
10        discretionary appellate review, is pending.
11        (10) Fees. The Department may charge the petitioner a
12    fee equivalent to the cost of processing any order to
13    expunge or seal records. Notwithstanding any provision of
14    the Clerks of Courts Act to the contrary, the circuit court
15    clerk may charge a fee equivalent to the cost associated
16    with the sealing or expungement of records by the circuit
17    court clerk. From the total filing fee collected for the
18    petition to seal or expunge, the circuit court clerk shall
19    deposit $10 into the Circuit Court Clerk Operation and
20    Administrative Fund, to be used to offset the costs
21    incurred by the circuit court clerk in performing the
22    additional duties required to serve the petition to seal or
23    expunge on all parties. The circuit court clerk shall
24    collect and forward the Department of State Police portion
25    of the fee to the Department and it shall be deposited in
26    the State Police Services Fund.

 

 

HB2776- 31 -LRB100 11061 SLF 21301 b

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

 

 

HB2776- 32 -LRB100 11061 SLF 21301 b

1        (14) Compliance with Order Granting Petition to Seal
2    Records. Unless a court has entered a stay of an order
3    granting a petition to seal, all parties entitled to notice
4    of the petition must fully comply with the terms of the
5    order within 60 days of service of the order even if a
6    party is seeking relief from the order through a motion
7    filed under paragraph (12) of this subsection (d) or is
8    appealing the order.
9        (15) Compliance with Order Granting Petition to
10    Expunge Records. While a party is seeking relief from the
11    order granting the petition to expunge through a motion
12    filed under paragraph (12) of this subsection (d) or is
13    appealing the order, and unless a court has entered a stay
14    of that order, the parties entitled to notice of the
15    petition must seal, but need not expunge, the records until
16    there is a final order on the motion for relief or, in the
17    case of an appeal, the issuance of that court's mandate.
18        (16) The changes to this subsection (d) made by Public
19    Act 98-163 apply to all petitions pending on August 5, 2013
20    (the effective date of Public Act 98-163) and to all orders
21    ruling on a petition to expunge or seal on or after August
22    5, 2013 (the effective date of Public Act 98-163).
23    (e) Whenever a person who has been convicted of an offense
24is granted a pardon by the Governor which specifically
25authorizes expungement, he or she may, upon verified petition
26to the Chief Judge of the circuit where the person had been

 

 

HB2776- 33 -LRB100 11061 SLF 21301 b

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

 

 

HB2776- 34 -LRB100 11061 SLF 21301 b

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

 

 

HB2776- 35 -LRB100 11061 SLF 21301 b

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

 

 

HB2776- 36 -LRB100 11061 SLF 21301 b

1have access to all expunged records of the Department
2pertaining to that individual. Upon entry of the order of
3expungement, the circuit court clerk shall promptly mail a copy
4of the order to the person who was granted the certificate of
5eligibility for expungement.
6    (f) Subject to available funding, the Illinois Department
7of Corrections shall conduct a study of the impact of sealing,
8especially on employment and recidivism rates, utilizing a
9random sample of those who apply for the sealing of their
10criminal records under Public Act 93-211. At the request of the
11Illinois Department of Corrections, records of the Illinois
12Department of Employment Security shall be utilized as
13appropriate to assist in the study. The study shall not
14disclose any data in a manner that would allow the
15identification of any particular individual or employing unit.
16The study shall be made available to the General Assembly no
17later than September 1, 2010.
18(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
19eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
20eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
2198-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
2299-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
237-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)