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91_HB0854enr HB0854 Enrolled LRB9103529RCpr 1 AN ACT to amend the Criminal Identification Act by 2 changing Section 5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Identification Act is amended by 6 changing Section 5 as follows: 7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5) 8 (Text of Section before amendment by P.A. 90-590) 9 Sec. 5. Arrest reports; expungement. 10 (a) All policing bodies of this State shall furnish to 11 the Department, daily, in the form and detail the Department 12 requires, fingerprints and descriptions of all persons who 13 are arrested on charges of violating any penal statute of 14 this State for offenses that are classified as felonies and 15 Class A or B misdemeanors and of all minors who have been 16 arrested or taken into custody before their 17th birthday for 17 an offense that if committed by an adult would constitute the 18 offense of unlawful use of weapons under Article 24 of the 19 Criminal Code of 1961, a forcible felony as defined in 20 Section 2-8 of the Criminal Code of 1961, or a Class 2 or 21 greater felony under the Cannabis Control Act, the Illinois 22 Controlled Substances Act, or Chapter 4 of the Illinois 23 Vehicle Code. Moving or nonmoving traffic violations under 24 the Illinois Vehicle Code shall not be reported except for 25 violations of Chapter 4, Section 11-204.1, or Section 11-501 26 of that Code. In addition, conservation offenses, as defined 27 in the Supreme Court Rule 501(c), that are classified as 28 Class B misdemeanors shall not be reported. 29 Whenever an adult or minor prosecuted as an adult, not 30 having previously been convicted of any criminal offense or 31 municipal ordinance violation, charged with a violation of a HB0854 Enrolled -2- LRB9103529RCpr 1 municipal ordinance or a felony or misdemeanor, is acquitted 2 or released without being convicted, whether the acquittal or 3 release occurred before, on, or after the effective date of 4 this amendatory Act of 1991, the Chief Judge of the circuit 5 wherein the charge was brought, any judge of that circuit 6 designated by the Chief Judge, or in counties of less than 7 3,000,000 inhabitants, the presiding trial judge at the 8 defendant's trial may upon verified petition of the defendant 9 order the record of arrest expunged from the official records 10 of the arresting authority and the Department and order that 11 the records of the clerk of the circuit court be sealed until 12 further order of the court upon good cause shown and the name 13 of the defendant obliterated on the official index required 14 to be kept by the circuit court clerk under Section 16 of the 15 Clerks of Courts Act, but the order shall not affect any 16 index issued by the circuit court clerk before the entry of 17 the order. The Department may charge the petitioner a fee 18 equivalent to the cost of processing any order to expunge or 19 seal the records, and the fee shall be deposited into the 20 State Police Services Fund. The records of those arrests, 21 however, that result in a disposition of supervision for any 22 offense shall not be expunged from the records of the 23 arresting authority or the Department nor impounded by the 24 court until 2 years after discharge and dismissal of 25 supervision. Those records that result from a supervision 26 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 27 11-503 of the Illinois Vehicle Code or a similar provision of 28 a local ordinance, or for a violation of Section 12-3.2, 29 12-15 or 16A-3 of the Criminal Code of 1961, or probation 30 under Section 10 of the Cannabis Control Act, Section 410 of 31 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 32 and (2) of the Criminal Code of 1961 (as those provisions 33 existed before their deletion by Public Act 89-313), Section 34 10-102 of the Illinois Alcoholism and Other Drug Dependency HB0854 Enrolled -3- LRB9103529RCpr 1 Act when the judgment of conviction has been vacated, Section 2 40-10 of the Alcoholism and Other Drug Abuse and Dependency 3 Act when the judgment of conviction has been vacated, or 4 Section 10 of the Steroid Control Act shall not be expunged 5 from the records of the arresting authority nor impounded by 6 the court until 5 years after termination of probation or 7 supervision. Those records that result from a supervision for 8 a violation of Section 11-501 of the Illinois Vehicle Code or 9 a similar provision of a local ordinance, shall not be 10 expunged. All records set out above may be ordered by the 11 court to be expunged from the records of the arresting 12 authority and impounded by the court after 5 years, but shall 13 not be expunged by the Department, but shall, on court order 14 be sealed by the Department and may be disseminated by the 15 Department only as required by law or to the arresting 16 authority, the State's Attorney, and the court upon a later 17 arrest for the same or a similar offense or for the purpose 18 of sentencing for any subsequent felony. Upon conviction for 19 any offense, the Department of Corrections shall have access 20 to all sealed records of the Department pertaining to that 21 individual. 22 (b) Whenever a person has been convicted of a crime or 23 of the violation of a municipal ordinance, in the name of a 24 person whose identity he has stolen or otherwise come into 25 possession of, the aggrieved person from whom the identity 26 was stolen or otherwise obtained without authorization, upon 27 learning of the person having been arrested using his 28 identity, may, upon verified petition to the chief judge of 29 the circuit wherein the arrest was made, have a court order 30 entered nunc pro tunc by the chief judge to correct the 31 arrest record, conviction record, if any, and all official 32 records of the arresting authority, the Department, other 33 criminal justice agencies, the prosecutor, and the trial 34 court concerning such arrest, if any, by removing his name HB0854 Enrolled -4- LRB9103529RCpr 1 from all such records in connection with the arrest and 2 conviction, if any, and by inserting in the records the name 3 of the offender, if known or ascertainable, in lieu of the 4 aggrieved's name. The records of the clerk of the circuit 5 court clerk shall be sealed until further order of the court 6 upon good cause shown and the name of the aggrieved person 7 obliterated on the official index required to be kept by the 8 circuit court clerk under Section 16 of the Clerks of Courts 9 Act, but the order shall not affect any index issued by the 10 circuit court clerk before the entry of the order. Nothing in 11 this Section shall limit the Department of State Police or 12 other criminal justice agencies or prosecutors from listing 13 under an offender's name the false names he or she has used. 14 For purposes of this Section, convictions for moving and 15 nonmoving traffic violations other than convictions for 16 violations of Chapter 4, Section 11-204.1 or Section 11-501 17 of the Illinois Vehicle Code shall not be a bar to expunging 18 the record of arrest and court records for violation of a 19 misdemeanor or municipal ordinance. 20 (c) Whenever a person who has been convicted of an 21 offense is granted a pardon by the Governor which 22 specifically authorizes expungement, he may, upon verified 23 petition to the chief judge of the circuit where the person 24 had been convicted, any judge of the circuit designated by 25 the Chief Judge, or in counties of less than 3,000,000 26 inhabitants, the presiding trial judge at the defendant's 27 trial, may have a court order entered expunging the record of 28 arrest from the official records of the arresting authority 29 and order that the records of the clerk of the circuit court 30 and the Department be sealed until further order of the court 31 upon good cause shown or as otherwise provided herein, and 32 the name of the defendant obliterated from the official index 33 requested to be kept by the circuit court clerk under Section 34 16 of the Clerks of Courts Act in connection with the arrest HB0854 Enrolled -5- LRB9103529RCpr 1 and conviction for the offense for which he had been pardoned 2 but the order shall not affect any index issued by the 3 circuit court clerk before the entry of the order. All 4 records sealed by the Department may be disseminated by the 5 Department only as required by law or to the arresting 6 authority, the State'sStatesAttorney, and the court upon a 7 later arrest for the same or similar offense or for the 8 purpose of sentencing for any subsequent felony. Upon 9 conviction for any subsequent offense, the Department of 10 Corrections shall have access to all sealed records of the 11 Department pertaining to that individual. Upon entry of the 12 order of expungement, the clerk of the circuit court shall 13 promptly mail a copy of the order to the person who was 14 pardoned. 15 (d) Notice of the petition for subsections (a), (b), and 16 (c) shall be served upon the State's Attorney or prosecutor 17 charged with the duty of prosecuting the offense, the 18 Department of State Police, the arresting agency and the 19 chief legal officer of the unit of local government affecting 20 the arrest. Unless the State's Attorney or prosecutor, the 21 Department of State Police, the arresting agency or such 22 chief legal officer objects to the petition within 30 days 23 from the date of the notice, the court shall enter an order 24 granting or denying the petition. The clerk of the court 25 shall promptly mail a copy of the order to the person, the 26 arresting agency, the prosecutor, the Department of State 27 Police and such other criminal justice agencies as may be 28 ordered by the judge. 29 (e) Nothing herein shall prevent the Department of State 30 Police from maintaining all records of any person who is 31 admitted to probation upon terms and conditions and who 32 fulfills those terms and conditions pursuant to Section 10 of 33 the Cannabis Control Act, Section 410 of the Illinois 34 Controlled Substances Act, Section 12-4.3 of the Criminal HB0854 Enrolled -6- LRB9103529RCpr 1 Code of 1961, Section 10-102 of the Illinois Alcoholism and 2 Other Drug Dependency Act, Section 40-10 of the Alcoholism 3 and Other Drug Abuse and Dependency Act, or Section 10 of the 4 Steroid Control Act. 5 (f) No court order issued pursuant to the expungement 6 provisions of this Section shall become final for purposes of 7 appeal until 30 days after notice is received by the 8 Department. Any court order contrary to the provisions of 9 this Section is void. 10 The court shall not order the sealing or expungement of 11 the arrest records and records of the circuit court clerk of 12 any person granted supervision for or convicted of any sexual 13 offense committed against a minor under 18 years of age. For 14 the purposes of this Section, "sexual offense committed 15 against a minor" includes but is not limited to the offenses 16 of indecent solicitation of a child or criminal sexual abuse 17 when the victim of such offense is under 18 years of age. 18 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679, 19 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.) 20 (Text of Section after amendment by P.A. 90-590) 21 Sec. 5. Arrest reports; expungement. 22 (a) All policing bodies of this State shall furnish to 23 the Department, daily, in the form and detail the Department 24 requires, fingerprints and descriptions of all persons who 25 are arrested on charges of violating any penal statute of 26 this State for offenses that are classified as felonies and 27 Class A or B misdemeanors and of all minors of the age of 10 28 and over who have been arrested for an offense which would be 29 a felony if committed by an adult, and may forward such 30 fingerprints and descriptions for minors arrested for Class A 31 or B misdemeanors. Moving or nonmoving traffic violations 32 under the Illinois Vehicle Code shall not be reported except 33 for violations of Chapter 4, Section 11-204.1, or Section 34 11-501 of that Code. In addition, conservation offenses, as HB0854 Enrolled -7- LRB9103529RCpr 1 defined in the Supreme Court Rule 501(c), that are classified 2 as Class B misdemeanors shall not be reported. 3 Whenever an adult or minor prosecuted as an adult, not 4 having previously been convicted of any criminal offense or 5 municipal ordinance violation, charged with a violation of a 6 municipal ordinance or a felony or misdemeanor, is acquitted 7 or released without being convicted, whether the acquittal or 8 release occurred before, on, or after the effective date of 9 this amendatory Act of 1991, the Chief Judge of the circuit 10 wherein the charge was brought, any judge of that circuit 11 designated by the Chief Judge, or in counties of less than 12 3,000,000 inhabitants, the presiding trial judge at the 13 defendant's trial may upon verified petition of the defendant 14 order the record of arrest expunged from the official records 15 of the arresting authority and the Department and order that 16 the records of the clerk of the circuit court be sealed until 17 further order of the court upon good cause shown and the name 18 of the defendant obliterated on the official index required 19 to be kept by the circuit court clerk under Section 16 of the 20 Clerks of Courts Act, but the order shall not affect any 21 index issued by the circuit court clerk before the entry of 22 the order. The Department may charge the petitioner a fee 23 equivalent to the cost of processing any order to expunge or 24 seal the records, and the fee shall be deposited into the 25 State Police Services Fund. The records of those arrests, 26 however, that result in a disposition of supervision for any 27 offense shall not be expunged from the records of the 28 arresting authority or the Department nor impounded by the 29 court until 2 years after discharge and dismissal of 30 supervision. Those records that result from a supervision 31 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 32 11-503 of the Illinois Vehicle Code or a similar provision of 33 a local ordinance, or for a violation of Section 12-3.2, 34 12-15 or 16A-3 of the Criminal Code of 1961, or probation HB0854 Enrolled -8- LRB9103529RCpr 1 under Section 10 of the Cannabis Control Act, Section 410 of 2 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 3 and (2) of the Criminal Code of 1961 (as those provisions 4 existed before their deletion by Public Act 89-313), Section 5 10-102 of the Illinois Alcoholism and Other Drug Dependency 6 Act when the judgment of conviction has been vacated, Section 7 40-10 of the Alcoholism and Other Drug Abuse and Dependency 8 Act when the judgment of conviction has been vacated, or 9 Section 10 of the Steroid Control Act shall not be expunged 10 from the records of the arresting authority nor impounded by 11 the court until 5 years after termination of probation or 12 supervision. Those records that result from a supervision 13 for a violation of Section 11-501 of the Illinois Vehicle 14 Code or a similar provision of a local ordinance, shall not 15 be expunged. All records set out above may be ordered by the 16 court to be expunged from the records of the arresting 17 authority and impounded by the court after 5 years, but shall 18 not be expunged by the Department, but shall, on court order 19 be sealed by the Department and may be disseminated by the 20 Department only as required by law or to the arresting 21 authority, the State's Attorney, and the court upon a later 22 arrest for the same or a similar offense or for the purpose 23 of sentencing for any subsequent felony. Upon conviction for 24 any offense, the Department of Corrections shall have access 25 to all sealed records of the Department pertaining to that 26 individual. 27 (a-5) Those records maintained by the Department for 28 persons arrested prior to their 17th birthday shall be 29 expunged as provided in Section 5-915 of the Juvenile Court 30 Act of 1987. 31 (b) Whenever a person has been convicted of a crime or 32 of the violation of a municipal ordinance, in the name of a 33 person whose identity he has stolen or otherwise come into 34 possession of, the aggrieved person from whom the identity HB0854 Enrolled -9- LRB9103529RCpr 1 was stolen or otherwise obtained without authorization, upon 2 learning of the person having been arrested using his 3 identity, may, upon verified petition to the chief judge of 4 the circuit wherein the arrest was made, have a court order 5 entered nunc pro tunc by the chief judge to correct the 6 arrest record, conviction record, if any, and all official 7 records of the arresting authority, the Department, other 8 criminal justice agencies, the prosecutor, and the trial 9 court concerning such arrest, if any, by removing his name 10 from all such records in connection with the arrest and 11 conviction, if any, and by inserting in the records the name 12 of the offender, if known or ascertainable, in lieu of the 13 has name. The records of the clerk of the circuit court 14 clerk shall be sealed until further order of the court upon 15 good cause shown and the name of the aggrieved person 16 obliterated on the official index required to be kept by the 17 circuit court clerk under Section 16 of the Clerks of Courts 18 Act, but the order shall not affect any index issued by the 19 circuit court clerk before the entry of the order. Nothing in 20 this Section shall limit the Department of State Police or 21 other criminal justice agencies or prosecutors from listing 22 under an offender's name the false names he or she has used. 23 For purposes of this Section, convictions for moving and 24 nonmoving traffic violations other than convictions for 25 violations of Chapter 4, Section 11-204.1 or Section 11-501 26 of the Illinois Vehicle Code shall not be a bar to expunging 27 the record of arrest and court records for violation of a 28 misdemeanor or municipal ordinance. 29 (c) Whenever a person who has been convicted of an 30 offense is granted a pardon by the Governor which 31 specifically authorizes expungement, he may, upon verified 32 petition to the chief judge of the circuit where the person 33 had been convicted, any judge of the circuit designated by 34 the Chief Judge, or in counties of less than 3,000,000 HB0854 Enrolled -10- LRB9103529RCpr 1 inhabitants, the presiding trial judge at the defendant's 2 trial, may have a court order entered expunging the record of 3 arrest from the official records of the arresting authority 4 and order that the records of the clerk of the circuit court 5 and the Department be sealed until further order of the court 6 upon good cause shown or as otherwise provided herein, and 7 the name of the defendant obliterated from the official index 8 requested to be kept by the circuit court clerk under Section 9 16 of the Clerks of Courts Act in connection with the arrest 10 and conviction for the offense for which he had been pardoned 11 but the order shall not affect any index issued by the 12 circuit court clerk before the entry of the order. All 13 records sealed by the Department may be disseminated by the 14 Department only as required by law or to the arresting 15 authority, the State'sStatesAttorney, and the court upon a 16 later arrest for the same or similar offense or for the 17 purpose of sentencing for any subsequent felony. Upon 18 conviction for any subsequent offense, the Department of 19 Corrections shall have access to all sealed records of the 20 Department pertaining to that individual. Upon entry of the 21 order of expungement, the clerk of the circuit court shall 22 promptly mail a copy of the order to the person who was 23 pardoned. 24 (c-5) Whenever a person has been convicted of criminal 25 sexual assault, aggravated criminal sexual assault, predatory 26 criminal sexual assault of a child, criminal sexual abuse, or 27 aggravated criminal sexual abuse, the victim of that offense 28 may request that the State's Attorney of the county in which 29 the conviction occurred file a verified petition with the 30 presiding trial judge at the defendant's trial to have a 31 court order entered to seal the records of the clerk of the 32 circuit court in connection with the proceedings of the trial 33 court concerning that offense. However, the records of the 34 arresting authority and the Department of State Police HB0854 Enrolled -11- LRB9103529RCpr 1 concerning the offense shall not be sealed. The court, upon 2 good cause shown, shall make the records of the clerk of the 3 circuit court in connection with the proceedings of the trial 4 court concerning the offense available for public inspection. 5 6 (d) Notice of the petition for subsections (a), (b), and 7 (c) shall be served upon the State's Attorney or prosecutor 8 charged with the duty of prosecuting the offense, the 9 Department of State Police, the arresting agency and the 10 chief legal officer of the unit of local government affecting 11 the arrest. Unless the State's Attorney or prosecutor, the 12 Department of State Police, the arresting agency or such 13 chief legal officer objects to the petition within 30 days 14 from the date of the notice, the court shall enter an order 15 granting or denying the petition. The clerk of the court 16 shall promptly mail a copy of the order to the person, the 17 arresting agency, the prosecutor, the Department of State 18 Police and such other criminal justice agencies as may be 19 ordered by the judge. 20 (e) Nothing herein shall prevent the Department of State 21 Police from maintaining all records of any person who is 22 admitted to probation upon terms and conditions and who 23 fulfills those terms and conditions pursuant to Section 10 of 24 the Cannabis Control Act, Section 410 of the Illinois 25 Controlled Substances Act, Section 12-4.3 of the Criminal 26 Code of 1961, Section 10-102 of the Illinois Alcoholism and 27 Other Drug Dependency Act, Section 40-10 of the Alcoholism 28 and Other Drug Abuse and Dependency Act, or Section 10 of the 29 Steroid Control Act. 30 (f) No court order issued pursuant to the expungement 31 provisions of this Section shall become final for purposes of 32 appeal until 30 days after notice is received by the 33 Department. Any court order contrary to the provisions of 34 this Section is void. HB0854 Enrolled -12- LRB9103529RCpr 1 (g) Except as otherwise provided in subsection (c-5) of 2 this Section, the court shall not order the sealing or 3 expungement of the arrest records and records of the circuit 4 court clerk of any person granted supervision for or 5 convicted of any sexual offense committed against a minor 6 under 18 years of age. For the purposes of this Section, 7 "sexual offense committed against a minor" includes but is 8 not limited to the offenses of indecent solicitation of a 9 child or criminal sexual abuse when the victim of such 10 offense is under 18 years of age. 11 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96; 12 90-590, eff. 1-1-00; revised 10-31-98.) 13 Section 99. Effective date. This Act takes effect 14 January 1, 2000.