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20 ILCS 2630/5
(20 ILCS 2630/5) (from Ch. 38, par. 206‑5)
(Text of Section from P.A. 96‑328)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to the Department,
daily, in the form and detail the Department requires, fingerprints and
descriptions of all persons who are arrested on charges of violating any penal
statute of this State for offenses that are classified as felonies and Class
A or B misdemeanors and of all minors of the age of 10 and over who have been
arrested for an offense which would be a felony if committed by an adult, and
may forward such fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. Moving or nonmoving traffic violations under the Illinois
Vehicle Code shall not be reported except for violations of Chapter 4, Section
11‑204.1, or Section 11‑501 of that Code. In addition, conservation offenses,
as defined in the Supreme Court Rule 501(c), that are classified as Class B
misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult,
not having previously been convicted of any criminal offense or municipal
ordinance violation, charged with a violation of a municipal ordinance or a
felony or misdemeanor, is acquitted or released without being convicted,
whether the acquittal or release occurred before, on, or after the
effective date of this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit designated by the
Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding
trial judge at the defendant's trial may upon verified petition of the
defendant order the record of arrest expunged from the official records of the
arresting authority and the Department and order that the records of the clerk
of the circuit court be sealed until further order of the court upon good cause
shown and the name of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the circuit court clerk
before the entry of the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or seal the records,
and the fee shall be deposited into the State Police Services Fund. The
records of those arrests, however, that result in a disposition of
supervision for any offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the court until 2 years
after discharge and dismissal of supervision. Those records
that result from a supervision for a violation of Section 3‑707, 3‑708, 3‑710,
5‑401.3, or 11‑503 of the Illinois Vehicle Code or a similar provision
of a local ordinance, or for a violation of Section 12‑3.2, 12‑15 or 16A‑3
of the Criminal Code of 1961, or probation under Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section
12‑4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89‑313), Section 10‑102 of the
Illinois Alcoholism and Other Drug Dependency Act when the judgment of
conviction has been vacated, Section 40‑10 of the Alcoholism and Other Drug
Abuse and Dependency Act when the judgment of conviction has been vacated,
or Section 10 of the Steroid Control Act shall not be expunged from the records
of the arresting authority nor impounded by the court until 5 years after
termination of probation or supervision. Those records that result from a
supervision for a violation of Section 11‑501 of the Illinois Vehicle Code or
a similar provision of a local ordinance, shall not be expunged. All records
set out above may be ordered by the court to be expunged from the records of
the arresting authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order be sealed by the
Department and may be disseminated by the Department only as required by law or
to the arresting authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose of sentencing for
any subsequent felony. Upon conviction for any offense, the Department of
Corrections shall have access to all sealed records of the Department
pertaining to that individual.
(a‑5) Those records maintained by the Department for persons arrested
prior to their 17th birthday shall be expunged as provided in Section 5‑915 of
the Juvenile Court Act of 1987.
(b) Whenever a person has been convicted of a crime or of the violation of
a municipal ordinance, in the name of a person whose identity he has stolen
or otherwise come into possession of, the aggrieved person from whom the
identity was stolen or otherwise obtained without authorization, upon learning
of the person having been arrested using his identity, may, upon verified
petition to the chief judge of the circuit wherein the arrest was made,
have a court order entered nunc pro tunc by the chief judge to correct
the arrest record, conviction record, if any, and all official records of the
arresting authority, the Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if any, by removing his
name from all such records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the offender, if known or
ascertainable, in lieu of the aggrieved's name. The records of the
clerk of
the circuit court clerk shall be sealed until further order of the court upon
good cause shown and the name of the aggrieved person obliterated on the
official index required to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act, but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other criminal justice agencies
or prosecutors from listing under an offender's name the false names he or she
has used. For purposes of this Section, convictions for moving and nonmoving
traffic violations other than convictions for violations of Chapter 4, Section
11‑204.1 or Section 11‑501 of the Illinois Vehicle Code shall not be a bar to
expunging the record of arrest and court records for
violation of a misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an offense is granted
a pardon by the Governor which specifically authorizes expungement, he may,
upon verified petition to the chief judge of the circuit where the person had
been convicted, any judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding trial judge at the
defendant's trial, have a court order entered expunging the record of
arrest from the official records of the arresting authority and order that the
records of the clerk of the circuit court and the Department be sealed until
further order of the court upon good cause shown or as otherwise provided
herein, and the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for the offense for
which he had been pardoned but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All records sealed by
the Department may be disseminated by the Department only as required by law or
to the arresting authority, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense, the Department
of Corrections shall have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of expungement, the
clerk of the circuit court shall promptly mail a copy of the order to the
person who was pardoned.
(c‑5) Whenever a person has been convicted of criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim
of that offense may request that the State's Attorney of the county in which
the conviction occurred file a verified petition with the presiding trial judge
at the defendant's trial to have a court order entered to seal the records of
the clerk of the circuit court in connection with the proceedings of the trial
court concerning that offense. However, the records of the arresting authority
and the Department of State Police concerning the offense shall not be
sealed. The court, upon good cause shown, shall make the records of the clerk
of the circuit court in connection with the proceedings of the trial court
concerning the offense available for public inspection.
(c‑6) If a conviction has been set aside on direct review or on
collateral attack
and the court determines by clear and convincing evidence that the defendant
was factually innocent of
the charge, the court shall enter an expungement order as provided in
subsection (b) of Section 5‑5‑4
of the Unified Code of Corrections.
(d) Notice of the petition for subsections (a), (b), and (c) shall be
served by the clerk upon the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Department of State Police, the arresting
agency and the chief legal officer of the unit of local government
affecting the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such chief legal officer
objects to the petition within 30 days from the date of the notice, the
court shall enter an order granting or denying the petition. The clerk
of the court shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State Police and such
other criminal justice agencies as may be ordered by the judge.
(e) Nothing herein shall prevent the Department of State Police from
maintaining all records of any person who is admitted to probation upon
terms and conditions and who fulfills those terms and conditions pursuant
to Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12‑4.3 of the Criminal Code
of 1961, Section 10‑102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40‑10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control Act.
(f) No court order issued under the expungement provisions of this
Section shall become final for purposes of appeal until 30 days after
notice is received by the Department. Any court order contrary to the
provisions of this Section is void.
(g) Except as otherwise provided in subsection (c‑5) of this Section,
the court shall not order the sealing or expungement of the arrest
records and records of the circuit court clerk of any person granted
supervision for or convicted of any sexual offense committed against a minor
under 18 years of age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the offenses of
indecent solicitation of a child or criminal sexual abuse when the victim of
such offense is under 18 years of age.
(h) (1) Applicability. Notwithstanding any other provision of this Act to the contrary and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults. (2) Sealable offenses. The following offenses may be sealed: (A) All municipal ordinance violations and
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misdemeanors, with the exception of the following:
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(i) violations of Section 11‑501 of the Illinois
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Vehicle Code or a similar provision of a local ordinance;
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(ii) violations of Article 11 of the Criminal
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Code of 1961 or a similar provision of a local ordinance, except Section 11‑14 of the Criminal Code of 1961 as provided in clause B(i) of this subsection (h);
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(iii) violations of Section 12‑15, 12‑30, or 26‑5
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of the Criminal Code of 1961 or a similar provision of a local ordinance;
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(iv) violations that are a crime of violence as
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defined in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance;
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(v) Class A misdemeanor violations of the Humane
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Care for Animals Act; and
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(vi) any offense or attempted offense that would
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subject a person to registration under the Sex Offender Registration Act.
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(B) Misdemeanor and Class 4 felony violations of:
(i) Section 11‑14 of the Criminal Code of 1961;
(ii) Section 4 of the Cannabis Control Act;
(iii) Section 402 of the Illinois Controlled
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(iv) Section 60 of the Methamphetamine Control
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and Community Protection Act.
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However, for purposes of this subsection (h), a
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sentence of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall be treated as a Class 4 felony conviction.
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(3) Requirements for sealing. Records identified as
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sealable under clause (h) (2) may be sealed when the individual was:
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(A) Acquitted of the offense or offenses or released
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(B) Convicted of the offense or offenses and the
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conviction or convictions were reversed.
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(C) Placed on misdemeanor supervision for an offense
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(i) at least 3 years have elapsed since the
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completion of the term of supervision, or terms of supervision, if more than one term has been ordered; and
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(ii) the individual has not been convicted of a
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felony or misdemeanor or placed on supervision for a misdemeanor or felony during the period specified in clause (i).
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(D) Convicted of an offense or offenses; and
(i) at least 4 years have elapsed since the
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last such conviction or term of any sentence, probation, parole, or supervision, if any, whichever is last in time; and
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(ii) the individual has not been convicted of a
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felony or misdemeanor or placed on supervision for a misdemeanor or felony during the period specified in clause (i).
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(4) Requirements for sealing of records when more than
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one charge and disposition have been filed. When multiple offenses are petitioned to be sealed under this subsection (h), the requirements of the relevant provisions of clauses (h)(3)(A) through (D) each apply. In instances in which more than one waiting period is applicable under clauses (h)(C)(i) and (ii) and (h)(D)(i) and (ii), the longer applicable period applies, and the requirements of clause (h) (3) shall be considered met when the petition is filed after the passage of the longer applicable waiting period. That period commences on the date of the completion of the last sentence or the end of supervision, probation, or parole, whichever is last in time.
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(5) Subsequent convictions. A person may not have
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subsequent felony conviction records sealed as provided in this subsection (h) if he or she is convicted of any felony offense after the date of the sealing of prior felony records as provided in this subsection (h).
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(6) Notice of eligibility for sealing. Upon acquittal,
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release without conviction, or being placed on supervision for a sealable offense, or upon conviction of a sealable offense, the person shall be informed by the court of the right to have the records sealed and the procedures for the sealing of the records.
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(7) Procedure. Upon becoming eligible for the sealing of
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records under this subsection (h), the person who seeks the sealing of his or her records shall file a petition requesting the sealing of records with the clerk of the court where the charge or charges were brought. The records may be sealed by the Chief Judge of the circuit wherein the charge was brought, any judge of that circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, if any. If charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction. The petitioner shall pay the applicable fee, if not waived.
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(A) Contents of petition. The petition shall contain
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the petitioner's name, date of birth, current address, each charge, each case number, the date of each charge, the identity of the arresting authority, and such other information as the court may require. During the pendency of the proceeding, the petitioner shall promptly notify the clerk of the court of any change of address.
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(B) Drug test. A person filing a petition to have
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his or her records sealed for a Class 4 felony violation of Section 4 of the Cannabis Control Act or for a Class 4 felony violation of Section 402 of the Illinois Controlled Substances Act must attach to the petition proof that the petitioner has passed a test taken within the previous 30 days before the filing of the petition showing the absence within his or her body of all illegal substances in violation of either the Illinois Controlled Substances Act or the Cannabis Control Act.
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(C) Service of petition. The clerk shall promptly
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serve a copy of the petition on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest.
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(D) Entry of order. Unless the State's Attorney or
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prosecutor, the Department of State Police, the arresting agency or such chief legal officer objects to sealing of the records within 90 days of notice the court shall enter an order sealing the defendant's records.
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(E) Hearing upon objection. If an objection is
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filed, the court shall set a date for a hearing and notify the petitioner and the parties on whom the petition had been served, and shall hear evidence on whether the sealing of the records should or should not be granted, and shall make a determination on whether to issue an order to seal the records based on the evidence presented at the hearing.
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(F) Service of order. After entering the order to
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seal records, the court must provide copies of the order to the Department, in a form and manner prescribed by the Department, to the petitioner, to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.
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(8) Fees. Notwithstanding any provision of the Clerk of
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the Courts Act to the contrary, and subject to the approval of the county board, the clerk may charge a fee equivalent to the cost associated with the sealing of records by the clerk and the Department of State Police. The clerk shall forward the Department of State Police portion of the fee to the Department and it shall be deposited into the State Police Services Fund.
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(i) Subject to available funding, the Illinois Department of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93‑211, in accordance to rules adopted by the Department. At the request of the Illinois Department of Corrections, records of the Illinois Department of Employment Security shall be utilized as appropriate to assist in the study. The study shall not disclose any data in a manner that would allow the identification of any particular individual or employing unit. The study shall be made available to the General Assembly no later than September 1, 2006.
(j) Notwithstanding any provision of the Clerks of Courts Act to the contrary, the clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the clerk. From the total filing fee collected for the Petition to seal or expunge, the clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to serve the Petition to Seal or Expunge on all parties. The clerk shall also charge a filing fee equivalent to the cost of sealing or expunging the record by the Department of State Police. The clerk shall collect and forward the Department of State Police portion of the fee to the Department and it shall be deposited in the State Police Services Fund.
(Source: P.A. 95‑955, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09.)
(Text of Section from P.A. 96‑409)
Sec. 5. Arrest reports.
(a) All policing bodies of this State shall furnish to the Department,
daily, in the form and detail the Department requires, fingerprints and
descriptions of all persons who are arrested on charges of violating any penal
statute of this State for offenses that are classified as felonies and Class
A or B misdemeanors and of all minors of the age of 10 and over who have been
arrested for an offense which would be a felony if committed by an adult, and
may forward such fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. Moving or nonmoving traffic violations under the Illinois
Vehicle Code shall not be reported except for violations of Chapter 4, Section
11‑204.1, or Section 11‑501 of that Code. In addition, conservation offenses,
as defined in the Supreme Court Rule 501(c), that are classified as Class B
misdemeanors shall not be reported.
(Source: P.A. 95‑955, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09; 96‑409, eff. 1‑1‑10.)
(Text of Section from P.A. 96‑707)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to the Department,
daily, in the form and detail the Department requires, fingerprints and
descriptions of all persons who are arrested on charges of violating any penal
statute of this State for offenses that are classified as felonies and Class
A or B misdemeanors and of all minors of the age of 10 and over who have been
arrested for an offense which would be a felony if committed by an adult, and
may forward such fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. Moving or nonmoving traffic violations under the Illinois
Vehicle Code shall not be reported except for violations of Chapter 4, Section
11‑204.1, or Section 11‑501 of that Code. In addition, conservation offenses,
as defined in the Supreme Court Rule 501(c), that are classified as Class B
misdemeanors shall not be reported. Those law enforcement records maintained by the Department for minors arrested for an offense prior to their 17th birthday, or minors arrested for a non‑felony offense, if committed by an adult, prior to their 18th birthday, shall not be forwarded to the Federal Bureau of Investigation unless those records relate to an arrest in which a minor was charged as an adult under any of the transfer provisions of the Juvenile Court Act of 1987.
Whenever an adult or minor prosecuted as an adult,
not having previously been convicted of any criminal offense or municipal
ordinance violation, charged with a violation of a municipal ordinance or a
felony or misdemeanor, is acquitted or released without being convicted,
whether the acquittal or release occurred before, on, or after the
effective date of this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit designated by the
Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding
trial judge at the defendant's trial may upon verified petition of the
defendant order the record of arrest expunged from the official records of the
arresting authority and the Department and order that the records of the clerk
of the circuit court be sealed until further order of the court upon good cause
shown and the name of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the circuit court clerk
before the entry of the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or seal the records,
and the fee shall be deposited into the State Police Services Fund. The
records of those arrests, however, that result in a disposition of
supervision for any offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the court until 2 years
after discharge and dismissal of supervision. Those records
that result from a supervision for a violation of Section 3‑707, 3‑708, 3‑710,
5‑401.3, or 11‑503 of the Illinois Vehicle Code or a similar provision
of a local ordinance, or for a violation of Section 12‑3.2, 12‑15 or 16A‑3
of the Criminal Code of 1961, or probation under Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section
12‑4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89‑313), Section 10‑102 of the
Illinois Alcoholism and Other Drug Dependency Act when the judgment of
conviction has been vacated, Section 40‑10 of the Alcoholism and Other Drug
Abuse and Dependency Act when the judgment of conviction has been vacated,
or Section 10 of the Steroid Control Act shall not be expunged from the records
of the arresting authority nor impounded by the court until 5 years after
termination of probation or supervision. Those records that result from a
supervision for a violation of Section 11‑501 of the Illinois Vehicle Code or
a similar provision of a local ordinance, shall not be expunged. All records
set out above may be ordered by the court to be expunged from the records of
the arresting authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order be sealed by the
Department and may be disseminated by the Department only as required by law or
to the arresting authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose of sentencing for
any subsequent felony. Upon conviction for any offense, the Department of
Corrections shall have access to all sealed records of the Department
pertaining to that individual.
(a‑5) Those records maintained by the Department for persons arrested
prior to their 17th birthday shall be expunged as provided in Section 5‑915 of
the Juvenile Court Act of 1987.
(b) Whenever a person has been convicted of a crime or of the violation of
a municipal ordinance, in the name of a person whose identity he has stolen
or otherwise come into possession of, the aggrieved person from whom the
identity was stolen or otherwise obtained without authorization, upon learning
of the person having been arrested using his identity, may, upon verified
petition to the chief judge of the circuit wherein the arrest was made,
have a court order entered nunc pro tunc by the chief judge to correct
the arrest record, conviction record, if any, and all official records of the
arresting authority, the Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if any, by removing his
name from all such records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the offender, if known or
ascertainable, in lieu of the aggrieved's name. The records of the
clerk of
the circuit court clerk shall be sealed until further order of the court upon
good cause shown and the name of the aggrieved person obliterated on the
official index required to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act, but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other criminal justice agencies
or prosecutors from listing under an offender's name the false names he or she
has used. For purposes of this Section, convictions for moving and nonmoving
traffic violations other than convictions for violations of Chapter 4, Section
11‑204.1 or Section 11‑501 of the Illinois Vehicle Code shall not be a bar to
expunging the record of arrest and court records for
violation of a misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an offense is granted
a pardon by the Governor which specifically authorizes expungement, he may,
upon verified petition to the chief judge of the circuit where the person had
been convicted, any judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding trial judge at the
defendant's trial, have a court order entered expunging the record of
arrest from the official records of the arresting authority and order that the
records of the clerk of the circuit court and the Department be sealed until
further order of the court upon good cause shown or as otherwise provided
herein, and the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for the offense for
which he had been pardoned but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All records sealed by
the Department may be disseminated by the Department only as required by law or
to the arresting authority, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense, the Department
of Corrections shall have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of expungement, the
clerk of the circuit court shall promptly mail a copy of the order to the
person who was pardoned.
(c‑5) Whenever a person has been convicted of criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim
of that offense may request that the State's Attorney of the county in which
the conviction occurred file a verified petition with the presiding trial judge
at the defendant's trial to have a court order entered to seal the records of
the clerk of the circuit court in connection with the proceedings of the trial
court concerning that offense. However, the records of the arresting authority
and the Department of State Police concerning the offense shall not be
sealed. The court, upon good cause shown, shall make the records of the clerk
of the circuit court in connection with the proceedings of the trial court
concerning the offense available for public inspection.
(c‑6) If a conviction has been set aside on direct review or on
collateral attack
and the court determines by clear and convincing evidence that the defendant
was factually innocent of
the charge, the court shall enter an expungement order as provided in
subsection (b) of Section 5‑5‑4
of the Unified Code of Corrections.
(d) Notice of the petition for subsections (a), (b), and (c) shall be
served by the clerk upon the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Department of State Police, the arresting
agency and the chief legal officer of the unit of local government
affecting the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such chief legal officer
objects to the petition within 30 days from the date of the notice, the
court shall enter an order granting or denying the petition. The clerk
of the court shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State Police and such
other criminal justice agencies as may be ordered by the judge.
(e) Nothing herein shall prevent the Department of State Police from
maintaining all records of any person who is admitted to probation upon
terms and conditions and who fulfills those terms and conditions pursuant
to Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12‑4.3 of the Criminal Code
of 1961, Section 10‑102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40‑10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control Act.
(f) No court order issued under the expungement provisions of this
Section shall become final for purposes of appeal until 30 days after
notice is received by the Department. Any court order contrary to the
provisions of this Section is void.
(g) Except as otherwise provided in subsection (c‑5) of this Section,
the court shall not order the sealing or expungement of the arrest
records and records of the circuit court clerk of any person granted
supervision for or convicted of any sexual offense committed against a minor
under 18 years of age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the offenses of
indecent solicitation of a child or criminal sexual abuse when the victim of
such offense is under 18 years of age.
(h) (1) Applicability. Notwithstanding any other provision of this Act to the contrary and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults.
(2) Sealable offenses. The following offenses may be sealed:
(A) All municipal ordinance violations and
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misdemeanors, with the exception of the following:
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(i) violations of Section 11‑501 of the Illinois
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Vehicle Code or a similar provision of a local ordinance;
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(ii) violations of Article 11 of the Criminal
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Code of 1961 or a similar provision of a local ordinance, except Section 11‑14 of the Criminal Code of 1961 as provided in clause B(i) of this subsection (h);
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(iii) violations of Section 12‑15, 12‑30, or 26‑5
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of the Criminal Code of 1961 or a similar provision of a local ordinance;
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(iv) violations that are a crime of violence as
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defined in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance;
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(v) Class A misdemeanor violations of the Humane
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Care for Animals Act; and
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(vi) any offense or attempted offense that would
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subject a person to registration under the Sex Offender Registration Act.
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(B) Misdemeanor and Class 4 felony violations of:
(i) Section 11‑14 of the Criminal Code of 1961;
(ii) Section 4 of the Cannabis Control Act;
(iii) Section 402 of the Illinois Controlled
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(iv) Section 60 of the Methamphetamine Control
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and Community Protection Act.
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However, for purposes of this subsection (h), a
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sentence of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall be treated as a Class 4 felony conviction.
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(3) Requirements for sealing. Records identified as
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sealable under clause (h) (2) may be sealed when the individual was:
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(A) Acquitted of the offense or offenses or released
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(B) Convicted of the offense or offenses and the
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conviction or convictions were reversed.
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(C) Placed on misdemeanor supervision for an offense
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(i) at least 3 years have elapsed since the
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completion of the term of supervision, or terms of supervision, if more than one term has been ordered; and
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(ii) the individual has not been convicted of a
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felony or misdemeanor or placed on supervision for a misdemeanor or felony during the period specified in clause (i).
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(D) Convicted of an offense or offenses; and
(i) at least 4 years have elapsed since the
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last such conviction or term of any sentence, probation, parole, or supervision, if any, whichever is last in time; and
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(ii) the individual has not been convicted of a
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felony or misdemeanor or placed on supervision for a misdemeanor or felony during the period specified in clause (i).
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(4) Requirements for sealing of records when more than
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one charge and disposition have been filed. When multiple offenses are petitioned to be sealed under this subsection (h), the requirements of the relevant provisions of clauses (h)(3)(A) through (D) each apply. In instances in which more than one waiting period is applicable under clauses (h)(C)(i) and (ii) and (h)(D)(i) and (ii), the longer applicable period applies, and the requirements of clause (h) (3) shall be considered met when the petition is filed after the passage of the longer applicable waiting period. That period commences on the date of the completion of the last sentence or the end of supervision, probation, or parole, whichever is last in time.
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(5) Subsequent convictions. A person may not have
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subsequent felony conviction records sealed as provided in this subsection (h) if he or she is convicted of any felony offense after the date of the sealing of prior felony records as provided in this subsection (h).
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(6) Notice of eligibility for sealing. Upon acquittal,
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release without conviction, or being placed on supervision for a sealable offense, or upon conviction of a sealable offense, the person shall be informed by the court of the right to have the records sealed and the procedures for the sealing of the records.
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(7) Procedure. Upon becoming eligible for the sealing of
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records under this subsection (h), the person who seeks the sealing of his or her records shall file a petition requesting the sealing of records with the clerk of the court where the charge or charges were brought. The records may be sealed by the Chief Judge of the circuit wherein the charge was brought, any judge of that circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, if any. If charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction. The petitioner shall pay the applicable fee, if not waived.
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(A) Contents of petition. The petition shall contain
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the petitioner's name, date of birth, current address, each charge, each case number, the date of each charge, the identity of the arresting authority, and such other information as the court may require. During the pendency of the proceeding, the petitioner shall promptly notify the clerk of the court of any change of address.
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(B) Drug test. A person filing a petition to have
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his or her records sealed for a Class 4 felony violation of Section 4 of the Cannabis Control Act or for a Class 4 felony violation of Section 402 of the Illinois Controlled Substances Act must attach to the petition proof that the petitioner has passed a test taken within the previous 30 days before the filing of the petition showing the absence within his or her body of all illegal substances in violation of either the Illinois Controlled Substances Act or the Cannabis Control Act.
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(C) Service of petition. The clerk shall promptly
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serve a copy of the petition on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest.
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(D) Entry of order. Unless the State's Attorney or
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prosecutor, the Department of State Police, the arresting agency or such chief legal officer objects to sealing of the records within 90 days of notice the court shall enter an order sealing the defendant's records.
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(E) Hearing upon objection. If an objection is
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filed, the court shall set a date for a hearing and notify the petitioner and the parties on whom the petition had been served, and shall hear evidence on whether the sealing of the records should or should not be granted, and shall make a determination on whether to issue an order to seal the records based on the evidence presented at the hearing.
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(F) Service of order. After entering the order to
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seal records, the court must provide copies of the order to the Department, in a form and manner prescribed by the Department, to the petitioner, to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.
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(8) Fees. Notwithstanding any provision of the Clerk of
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the Courts Act to the contrary, and subject to the approval of the county board, the clerk may charge a fee equivalent to the cost associated with the sealing of records by the clerk and the Department of State Police. The clerk shall forward the Department of State Police portion of the fee to the Department and it shall be deposited into the State Police Services Fund.
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(i) Subject to available funding, the Illinois Department of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93‑211, in accordance to rules adopted by the Department. At the request of the Illinois Department of Corrections, records of the Illinois Department of Employment Security shall be utilized as appropriate to assist in the study. The study shall not disclose any data in a manner that would allow the identification of any particular individual or employing unit. The study shall be made available to the General Assembly no later than September 1, 2006.
(j) Notwithstanding any provision of the Clerks of Courts Act to the contrary, the clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the clerk. From the total filing fee collected for the Petition to seal or expunge, the clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to serve the Petition to Seal or Expunge on all parties. The clerk shall also charge a filing fee equivalent to the cost of sealing or expunging the record by the Department of State Police. The clerk shall collect and forward the Department of State Police portion of the fee to the Department and it shall be deposited in the State Police Services Fund.
(Source: P.A. 95‑955, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09; 96‑707, eff. 1‑1‑10.)
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