Public Act 100-0282
 
HB0514 EnrolledLRB100 07267 SLF 17328 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement, and sealing and immediate sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have
    the meanings set forth in this subsection, except when a
    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings
        ascribed to them in the Unified Code of Corrections,
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by 730 ILCS
        5/5-1-3) brought against a defendant where the
        defendant is not arrested prior to or as a direct
        result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, rendered by
        a legally constituted jury or by a court of competent
        jurisdiction authorized to try the case without a jury.
        An order of supervision successfully completed by the
        petitioner is not a conviction. An order of qualified
        probation (as defined in subsection (a)(1)(J))
        successfully completed by the petitioner is not a
        conviction. An order of supervision or an order of
        qualified probation that is terminated
        unsatisfactorily is a conviction, unless the
        unsatisfactory termination is reversed, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged shall be impounded
        as required by subsections (d)(9)(A)(ii) and
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means
        the sentence, order of supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple sentences, orders of supervision, or orders
        of qualified probation terminate on the same day and
        are last in time, they shall be collectively considered
        the "last sentence" regardless of whether they were
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner was
        charged or for which the petitioner was arrested and
        released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief under
        this Section.
            (J) "Qualified probation" means an order of
        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 5-6-3.3 or 5-6-3.4
        of the Unified Code of Corrections, 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, Section
        40-10 of the Alcoholism and Other Drug Abuse and
        Dependency Act, or Section 10 of the Steroid Control
        Act. For the purpose of this Section, "successful
        completion" of an order of qualified probation under
        Section 10-102 of the Illinois Alcoholism and Other
        Drug Dependency Act and Section 40-10 of the Alcoholism
        and Other Drug Abuse and Dependency Act means that the
        probation was terminated satisfactorily and the
        judgment of conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit court
        clerk under Section 16 of the Clerks of Courts Act, but
        any index issued by the circuit court clerk before the
        entry of the order to seal shall not be affected.
            (L) "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.
            (M) "Terminate" as it relates to a sentence or
        order of supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (2.5) Commencing 180 days after July 29, 2016 (the
    effective date of Public Act 99-697) this amendatory Act of
    the 99th General Assembly, the law enforcement agency
    issuing the citation shall automatically expunge, on or
    before January 1 and July 1 of each year, the law
    enforcement records of a person found to have committed a
    civil law violation of subsection (a) of Section 4 of the
    Cannabis Control Act or subsection (c) of Section 3.5 of
    the Drug Paraphernalia Control Act in the law enforcement
    agency's possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for that offense. The law enforcement
    agency shall provide by rule the process for access,
    review, and to confirm the automatic expungement by the law
    enforcement agency issuing the citation. Commencing 180
    days after July 29, 2016 (the effective date of Public Act
    99-697) this amendatory Act of the 99th General Assembly,
    the clerk of the circuit court shall expunge, upon order of
    the court, or in the absence of a court order on or before
    January 1 and July 1 of each year, the court records of a
    person found in the circuit court to have committed a civil
    law violation of subsection (a) of Section 4 of the
    Cannabis Control Act or subsection (c) of Section 3.5 of
    the Drug Paraphernalia Control Act in the clerk's
    possession or control and which contains the final
    satisfactory disposition which pertain to the person
    issued a citation for any of those offenses.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
    of this Section, the court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (ii)
        Section 11-501 of the Illinois Vehicle Code or a
        similar provision of a local ordinance; or (iii)
        Section 11-503 of the Illinois Vehicle Code or a
        similar provision of a local ordinance, unless the
        arrest or charge is for a misdemeanor violation of
        subsection (a) of Section 11-503 or a similar provision
        of a local ordinance, that occurred prior to the
        offender reaching the age of 25 years and the offender
        has no other conviction for violating Section 11-501 or
        11-503 of the Illinois Vehicle Code or a similar
        provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision or a conviction for the following
        offenses:
                (i) offenses included in Article 11 of the
            Criminal Code of 1961 or the Criminal Code of 2012
            or a similar provision of a local ordinance, except
            Section 11-14 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
            26-5, or 48-1 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (iii) Sections 12-3.1 or 12-3.2 of the
            Criminal Code of 1961 or the Criminal Code of 2012,
            or Section 125 of the Stalking No Contact Order
            Act, or Section 219 of the Civil No Contact Order
            Act, or a similar provision of a local ordinance;
                (iv) offenses which are Class A misdemeanors
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) the sealing of the records of an arrest which
        results in the petitioner being charged with a felony
        offense or records of a charge not initiated by arrest
        for a felony offense unless:
                (i) the charge is amended to a misdemeanor and
            is otherwise eligible to be sealed pursuant to
            subsection (c);
                (ii) the charge is brought along with another
            charge as a part of one case and the charge results
            in acquittal, dismissal, or conviction when the
            conviction was reversed or vacated, and another
            charge brought in the same case results in a
            disposition for a misdemeanor offense that is
            eligible to be sealed pursuant to subsection (c) or
            a disposition listed in paragraph (i), (iii), or
            (iv) of this subsection;
                (iii) the charge results in first offender
            probation as set forth in subsection (c)(2)(E);
                (iv) the charge is for a felony offense listed
            in subsection (c)(2)(F) or the charge is amended to
            a felony offense listed in subsection (c)(2)(F);
                (v) the charge results in acquittal,
            dismissal, or the petitioner's release without
            conviction; or
                (vi) the charge results in a conviction, but
            the conviction was reversed or vacated.
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when each arrest or charge not
    initiated by arrest sought to be expunged resulted in: (i)
    acquittal, dismissal, or the petitioner's release without
    charging, unless excluded by subsection (a)(3)(B); (ii) a
    conviction which was vacated or reversed, unless excluded
    by subsection (a)(3)(B); (iii) an order of supervision and
    such supervision was successfully completed by the
    petitioner, unless excluded by subsection (a)(3)(A) or
    (a)(3)(B); or (iv) an order of qualified probation (as
    defined in subsection (a)(1)(J)) and such probation was
    successfully completed by the petitioner.
        (1.5) When a petitioner seeks to have a record of
    arrest expunged under this Section, and the offender has
    been convicted of a criminal offense, the State's Attorney
    may object to the expungement on the grounds that the
    records contain specific relevant information aside from
    the mere fact of the arrest.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code or a
            similar provision of a local ordinance, or under
            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
            Code of 1961 or the Criminal Code of 2012, or a
            similar provision of a local ordinance, shall not
            be eligible for expungement until 5 years have
            passed following the satisfactory termination of
            the supervision.
                (i-5) Those arrests or charges that resulted
            in orders of supervision for a misdemeanor
            violation of subsection (a) of Section 11-503 of
            the Illinois Vehicle Code or a similar provision of
            a local ordinance, that occurred prior to the
            offender reaching the age of 25 years and the
            offender has no other conviction for violating
            Section 11-501 or 11-503 of the Illinois Vehicle
            Code or a similar provision of a local ordinance
            shall not be eligible for expungement until the
            petitioner has reached the age of 25 years.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) 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.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she 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
    or her 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 or her 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 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.
        (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 petitioner's trial to have a court order entered to
    seal the records of the circuit court clerk 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 circuit court clerk in
    connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (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 petitioner was factually
    innocent of the charge, the court that finds the petitioner
    factually innocent of the charge shall enter an expungement
    order for the conviction for which the petitioner has been
    determined to be innocent as provided in subsection (b) of
    Section 5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section 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 5-6-3.3 or 5-6-3.4 of the Unified Code of
    Corrections, Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05 of the Criminal Code of 1961 or the
    Criminal Code of 2012, 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.
        (8) If the petitioner has been granted a certificate of
    innocence under Section 2-702 of the Code of Civil
    Procedure, the court that grants the certificate of
    innocence shall also enter an order expunging the
    conviction for which the petitioner has been determined to
    be innocent as provided in subsection (h) of Section 2-702
    of the Code of Civil Procedure.
    (c) Sealing.
        (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. Subsection (g) of this Section
    provides for immediate sealing of certain records.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision, including orders
        of supervision for municipal ordinance violations,
        successfully completed by the petitioner, unless
        excluded by subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions, including convictions on
        municipal ordinance violations, unless excluded by
        subsection (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender 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, or Section 5-6-3.3 of the Unified Code of
        Corrections; and
            (F) Arrests or charges not initiated by arrest
        resulting in felony convictions for the following
        offenses:
                (i) Class 4 felony convictions for:
                    Prostitution under Section 11-14 of the
                Criminal Code of 1961 or the Criminal Code of
                2012.
                    Possession of cannabis under Section 4 of
                the Cannabis Control Act.
                    Possession of a controlled substance under
                Section 402 of the Illinois Controlled
                Substances Act.
                    Offenses under the Methamphetamine
                Precursor Control Act.
                    Offenses under the Steroid Control Act.
                    Theft under Section 16-1 of the Criminal
                Code of 1961 or the Criminal Code of 2012.
                    Retail theft under Section 16A-3 or
                paragraph (a) of 16-25 of the Criminal Code of
                1961 or the Criminal Code of 2012.
                    Deceptive practices under Section 17-1 of
                the Criminal Code of 1961 or the Criminal Code
                of 2012.
                    Forgery under Section 17-3 of the Criminal
                Code of 1961 or the Criminal Code of 2012.
                    Possession of burglary tools under Section
                19-2 of the Criminal Code of 1961 or the
                Criminal Code of 2012.
            (ii) Class 3 felony convictions for:
                    Theft under Section 16-1 of the Criminal
                Code of 1961 or the Criminal Code of 2012.
                    Retail theft under Section 16A-3 or
                paragraph (a) of 16-25 of the Criminal Code of
                1961 or the Criminal Code of 2012.
                    Deceptive practices under Section 17-1 of
                the Criminal Code of 1961 or the Criminal Code
                of 2012.
                    Forgery under Section 17-3 of the Criminal
                Code of 1961 or the Criminal Code of 2012.
                    Possession with intent to manufacture or
                deliver a controlled substance under Section
                401 of the Illinois Controlled Substances Act.
        (3) When Records Are Eligible to Be Sealed. Records
    identified as eligible under subsection (c)(2) may be
    sealed as follows:
            (A) Records identified as eligible under
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
        time.
            (B) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsection (c)(2)(C) may be sealed 2
        years after the termination of petitioner's last
        sentence (as defined in subsection (a)(1)(F)).
            (C) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsections (c)(2)(D), (c)(2)(E), and
        (c)(2)(F) may be sealed 3 years after the termination
        of the petitioner's last sentence (as defined in
        subsection (a)(1)(F)).
            (D) Records identified in subsection
        (a)(3)(A)(iii) may be sealed after the petitioner has
        reached the age of 25 years.
            (E) Records identified as eligible under
        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
        (c)(2)(F) may be sealed upon termination of the
        petitioner's last sentence if the petitioner earned a
        high school diploma, associate's degree, career
        certificate, vocational technical certification, or
        bachelor's degree, or passed the high school level Test
        of General Educational Development, during the period
        of his or her sentence, aftercare release, or mandatory
        supervised release. This subparagraph shall apply only
        to a petitioner who has not completed the same
        educational goal prior to the period of his or her
        sentence, aftercare release, or mandatory supervised
        release. If a petition for sealing eligible records
        filed under this subparagraph is denied by the court,
        the time periods under subparagraph (B) or (C) shall
        apply to any subsequent petition for sealing filed by
        the petitioner.
        (4) Subsequent felony convictions. A person may not
    have subsequent felony conviction records sealed as
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent felony
    offense, order the unsealing of prior felony conviction
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for the
    sealing of the records.
    (d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
        (1) Filing the petition. Upon becoming eligible to
    petition for the expungement or sealing of records under
    this Section, the petitioner shall file a petition
    requesting the expungement or sealing of records with the
    clerk of the court where the arrests occurred or the
    charges were brought, or both. If arrests occurred or
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, except no fee shall be
    required if the petitioner has obtained a court order
    waiving fees under Supreme Court Rule 298 or it is
    otherwise waived.
        (1.5) County fee waiver pilot program. In a county of
    3,000,000 or more inhabitants, no fee shall be required to
    be paid by a petitioner if the records sought to be
    expunged or sealed were arrests resulting in release
    without charging or arrests or charges not initiated by
    arrest resulting in acquittal, dismissal, or conviction
    when the conviction was reversed or vacated, unless
    excluded by subsection (a)(3)(B). The provisions of this
    paragraph (1.5), other than this sentence, are inoperative
    on and after January 1, 2018 or one year after January 1,
    2017 (the effective date of Public Act 99-881) this
    amendatory Act of the 99th General Assembly, whichever is
    later.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), 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 circuit court
    clerk of any change of his or her address. If the
    petitioner has received a certificate of eligibility for
    sealing from the Prisoner Review Board under paragraph (10)
    of subsection (a) of Section 3-3-2 of the Unified Code of
    Corrections, the certificate shall be attached to the
    petition.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control Act if he or she
    is petitioning to:
            (A) seal felony records under clause (c)(2)(E);
            (B) seal felony records for a violation of the
        Illinois Controlled Substances Act, the
        Methamphetamine Control and Community Protection Act,
        or the Cannabis Control Act under clause (c)(2)(F);
            (C) seal felony records under subsection (e-5); or
            (D) expunge felony records of a qualified
        probation under clause (b)(1)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition and documentation to
    support the petition under subsection (e-5) or (e-6) 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.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the basis
        of the objection. Whenever a person who has been
        convicted of an offense is granted a pardon by the
        Governor which specifically authorizes expungement, an
        objection to the petition may not be filed.
            (B) Objections to a petition to expunge or seal
        must be filed within 60 days of the date of service of
        the petition.
        (6) Entry of order.
            (A) 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 petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Department of State Police, the arresting agency, or
        the chief legal officer files an objection to the
        petition to expunge or seal within 60 days from the
        date of service of the petition, the court shall enter
        an order granting or denying the petition.
        (7) Hearings. If an objection is filed, the court shall
    set a date for a hearing and notify the petitioner and all
    parties entitled to notice of the petition of the hearing
    date at least 30 days prior to the hearing. Prior to the
    hearing, the State's Attorney shall consult with the
    Department as to the appropriateness of the relief sought
    in the petition to expunge or seal. At the hearing, the
    court shall hear evidence on whether the petition should or
    should not be granted, and shall grant or deny the petition
    to expunge or seal the records based on the evidence
    presented at the hearing. The court may consider the
    following:
            (A) the strength of the evidence supporting the
        defendant's conviction;
            (B) the reasons for retention of the conviction
        records by the State;
            (C) the petitioner's age, criminal record history,
        and employment history;
            (D) the period of time between the petitioner's
        arrest on the charge resulting in the conviction and
        the filing of the petition under this Section; and
            (E) the specific adverse consequences the
        petitioner may be subject to if the petition is denied.
        (8) Service of order. After entering an order to
    expunge or 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.
        (9) Implementation of order.
            (A) Upon entry of an order to expunge records
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Department, and any other agency as ordered by
            the court, within 60 days of the date of service of
            the order, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner 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;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Department, or the agency
            receiving such inquiry, shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B) Upon entry of an order to expunge records
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner 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;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded 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 a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for such records
            from anyone not authorized by law to access such
            records, the court, the Department, or the agency
            receiving such inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B-5) Upon entry of an order to expunge records
        under subsection (e-6):
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed under paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner 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;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            under paragraph (12) of subsection (d) of this
            Section;
                (iv) records impounded 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 a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for these records
            from anyone not authorized by law to access the
            records, the court, the Department, or the agency
            receiving the inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Department, and the court
        shall seal the records (as defined in subsection
        (a)(1)(K)). In response to an inquiry for such records,
        from anyone not authorized by law to access such
        records, the court, the Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
            (D) The Department shall send written notice to the
        petitioner of its compliance with each order to expunge
        or seal records within 60 days of the date of service
        of that order or, if a motion to vacate, modify, or
        reconsider is filed, within 60 days of service of the
        order resolving the motion, if that order requires the
        Department to expunge or seal records. In the event of
        an appeal from the circuit court order, the Department
        shall send written notice to the petitioner of its
        compliance with an Appellate Court or Supreme Court
        judgment to expunge or seal records within 60 days of
        the issuance of the court's mandate. The notice is not
        required while any motion to vacate, modify, or
        reconsider, or any appeal or petition for
        discretionary appellate review, is pending.
        (10) Fees. The Department may charge the petitioner a
    fee equivalent to the cost of processing any order to
    expunge or seal records. Notwithstanding any provision of
    the Clerks of Courts Act to the contrary, the circuit court
    clerk may charge a fee equivalent to the cost associated
    with the sealing or expungement of records by the circuit
    court clerk. From the total filing fee collected for the
    petition to seal or expunge, the circuit court 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 circuit court 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.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. Under
    Section 2-1203 of the Code of Civil Procedure, the
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or seal within 60 days
    of service of the order. If filed more than 60 days after
    service of the order, a petition to vacate, modify, or
    reconsider shall comply with subsection (c) of Section
    2-1401 of the Code of Civil Procedure. Upon filing of a
    motion to vacate, modify, or reconsider, notice of the
    motion shall be served upon the petitioner and all parties
    entitled to notice of the petition.
        (13) Effect of Order. An order granting a petition
    under the expungement or sealing provisions of this Section
    shall not be considered void because it fails to comply
    with the provisions of this Section or because of any error
    asserted in a motion to vacate, modify, or reconsider. The
    circuit court retains jurisdiction to determine whether
    the order is voidable and to vacate, modify, or reconsider
    its terms based on a motion filed under paragraph (12) of
    this subsection (d).
        (14) Compliance with Order Granting Petition to Seal
    Records. Unless a court has entered a stay of an order
    granting a petition to seal, all parties entitled to notice
    of the petition must fully comply with the terms of the
    order within 60 days of service of the order even if a
    party is seeking relief from the order through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order.
        (15) Compliance with Order Granting Petition to
    Expunge Records. While a party is seeking relief from the
    order granting the petition to expunge through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order, and unless a court has entered a stay
    of that order, the parties entitled to notice of the
    petition must seal, but need not expunge, the records until
    there is a final order on the motion for relief or, in the
    case of an appeal, the issuance of that court's mandate.
        (16) The changes to this subsection (d) made by Public
    Act 98-163 apply to all petitions pending on August 5, 2013
    (the effective date of Public Act 98-163) and to all orders
    ruling on a petition to expunge or seal on or after August
    5, 2013 (the effective date of Public Act 98-163).
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she 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 circuit court clerk 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 or she 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 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
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
    (e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she 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 petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk 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 petitioner 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 or she had been granted the certificate 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 this Act or to the arresting authority, a law
enforcement agency, 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 sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
    (e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she 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 petitioner'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 circuit court clerk 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 petitioner
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 or she had been granted the certificate
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 this Act or to the arresting authority, a law
enforcement agency, 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 expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
    (f) 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. 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, 2010.
    (g) Immediate Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement or sealing of criminal records, this
    subsection authorizes the immediate sealing of criminal
    records of adults and of minors prosecuted as adults.
        (2) Eligible Records. Arrests or charges not initiated
    by arrest resulting in acquittal or dismissal with
    prejudice, except as excluded by subsection (a)(3)(B),
    that occur on or after the effective date of this
    amendatory Act of the 100th General Assembly, may be sealed
    immediately if the petition is filed with the circuit court
    clerk on the same day and during the same hearing in which
    the case is disposed.
        (3) When Records are Eligible to be Immediately Sealed.
    Eligible records under paragraph (2) of this subsection (g)
    may be sealed immediately after entry of the final
    disposition of a case, notwithstanding the disposition of
    other charges in the same case.
        (4) Notice of Eligibility for Immediate Sealing. Upon
    entry of a disposition for an eligible record under this
    subsection (g), the defendant shall be informed by the
    court of his or her right to have eligible records
    immediately sealed and the procedure for the immediate
    sealing of these records.
        (5) Procedure. The following procedures apply to
    immediate sealing under this subsection (g).
            (A) Filing the Petition. Upon entry of the final
        disposition of the case, the defendant's attorney may
        immediately petition the court, on behalf of the
        defendant, for immediate sealing of eligible records
        under paragraph (2) of this subsection (g) that are
        entered on or after the effective date of this
        amendatory Act of the 100th General Assembly. The
        immediate sealing petition may be filed with the
        circuit court clerk during the hearing in which the
        final disposition of the case is entered. If the
        defendant's attorney does not file the petition for
        immediate sealing during the hearing, the defendant
        may file a petition for sealing at any time as
        authorized under subsection (c)(3)(A).
            (B) Contents of Petition. The immediate sealing
        petition shall be verified and shall contain the
        petitioner's name, date of birth, current address, and
        for each eligible record, the case number, the date of
        arrest if applicable, the identity of the arresting
        authority if applicable, and other information as the
        court may require.
            (C) Drug Test. The petitioner shall not be required
        to attach proof that he or she has passed a drug test.
            (D) Service of Petition. A copy of the petition
        shall be served on the State's Attorney in open court.
        The petitioner shall not be required to serve a copy of
        the petition on any other agency.
            (E) Entry of Order. The presiding trial judge shall
        enter an order granting or denying the petition for
        immediate sealing during the hearing in which it is
        filed. Petitions for immediate sealing shall be ruled
        on in the same hearing in which the final disposition
        of the case is entered.
            (F) Hearings. The court shall hear the petition for
        immediate sealing on the same day and during the same
        hearing in which the disposition is rendered.
            (G) Service of Order. An order to immediately seal
        eligible records shall be served in conformance with
        subsection (d)(8).
            (H) Implementation of Order. An order to
        immediately seal records shall be implemented in
        conformance with subsections (d)(9)(C) and (d)(9)(D).
            (I) Fees. The fee imposed by the circuit court
        clerk and the Department of State Police shall comply
        with paragraph (1) of subsection (d) of this Section.
            (J) Final Order. No court order issued under this
        subsection (g) shall become final for purposes of
        appeal until 30 days after service of the order on the
        petitioner and all parties entitled to service of the
        order in conformance with subsection (d)(8).
            (K) Motion to Vacate, Modify, or Reconsider. Under
        Section 2-1203 of the Code of Civil Procedure, the
        petitioner, State's Attorney, or the Department of
        State Police may file a motion to vacate, modify, or
        reconsider the order denying the petition to
        immediately seal within 60 days of service of the
        order. If filed more than 60 days after service of the
        order, a petition to vacate, modify, or reconsider
        shall comply with subsection (c) of Section 2-1401 of
        the Code of Civil Procedure.
            (L) Effect of Order. An order granting an immediate
        sealing petition shall not be considered void because
        it fails to comply with the provisions of this Section
        or because of an error asserted in a motion to vacate,
        modify, or reconsider. The circuit court retains
        jurisdiction to determine whether the order is
        voidable, and to vacate, modify, or reconsider its
        terms based on a motion filed under subparagraph (L) of
        this subsection (g).
            (M) Compliance with Order Granting Petition to
        Seal Records. Unless a court has entered a stay of an
        order granting a petition to immediately seal, all
        parties entitled to service of the order must fully
        comply with the terms of the order within 60 days of
        service of the order.
(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)