100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0233

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Provides that records of conviction for any non-violent offense or any criminal offense that did not result in bodily harm or death to another person may be sealed 10 years after the termination of the petitioner's last sentence. Defines "non-violent offense".


LRB100 04159 SLF 14165 b

 

 

A BILL FOR

 

HB0233LRB100 04159 SLF 14165 b

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

 

 

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

 

 

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

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (G-1) "Non-violent offense" means a criminal
9        offense that is not a violent crime as defined in
10        subsection (c) of Section 3 of the Rights of Crime
11        Victims and Witnesses Act.
12            (H) "Municipal ordinance violation" means an
13        offense defined by a municipal or local ordinance that
14        is criminal in nature and with which the petitioner was
15        charged or for which the petitioner was arrested and
16        released without charging.
17            (I) "Petitioner" means an adult or a minor
18        prosecuted as an adult who has applied for relief under
19        this Section.
20            (J) "Qualified probation" means an order of
21        probation under Section 10 of the Cannabis Control Act,
22        Section 410 of the Illinois Controlled Substances Act,
23        Section 70 of the Methamphetamine Control and
24        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
25        of the Unified Code of Corrections, Section
26        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

 

 

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1        those provisions existed before their deletion by
2        Public Act 89-313), Section 10-102 of the Illinois
3        Alcoholism and Other Drug Dependency Act, Section
4        40-10 of the Alcoholism and Other Drug Abuse and
5        Dependency Act, or Section 10 of the Steroid Control
6        Act. For the purpose of this Section, "successful
7        completion" of an order of qualified probation under
8        Section 10-102 of the Illinois Alcoholism and Other
9        Drug Dependency Act and Section 40-10 of the Alcoholism
10        and Other Drug Abuse and Dependency Act means that the
11        probation was terminated satisfactorily and the
12        judgment of conviction was vacated.
13            (K) "Seal" means to physically and electronically
14        maintain the records, unless the records would
15        otherwise be destroyed due to age, but to make the
16        records unavailable without a court order, subject to
17        the exceptions in Sections 12 and 13 of this Act. The
18        petitioner's name shall also be obliterated from the
19        official index required to be kept by the circuit court
20        clerk under Section 16 of the Clerks of Courts Act, but
21        any index issued by the circuit court clerk before the
22        entry of the order to seal shall not be affected.
23            (L) "Sexual offense committed against a minor"
24        includes but is not limited to the offenses of indecent
25        solicitation of a child or criminal sexual abuse when
26        the victim of such offense is under 18 years of age.

 

 

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

 

 

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

 

 

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1        11-503 of the Illinois Vehicle Code or a similar
2        provision of a local ordinance.
3            (B) the sealing or expungement of records of minor
4        traffic offenses (as defined in subsection (a)(1)(G)),
5        unless the petitioner was arrested and released
6        without charging.
7            (C) the sealing of the records of arrests or
8        charges not initiated by arrest which result in an
9        order of supervision or a conviction for the following
10        offenses:
11                (i) offenses included in Article 11 of the
12            Criminal Code of 1961 or the Criminal Code of 2012
13            or a similar provision of a local ordinance, except
14            Section 11-14 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, or a similar provision of a
16            local ordinance;
17                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
18            26-5, or 48-1 of the Criminal Code of 1961 or the
19            Criminal Code of 2012, or a similar provision of a
20            local ordinance;
21                (iii) Sections 12-3.1 or 12-3.2 of the
22            Criminal Code of 1961 or the Criminal Code of 2012,
23            or Section 125 of the Stalking No Contact Order
24            Act, or Section 219 of the Civil No Contact Order
25            Act, or a similar provision of a local ordinance;
26                (iv) offenses which are Class A misdemeanors

 

 

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1            under the Humane Care for Animals Act; or
2                (v) any offense or attempted offense that
3            would subject a person to registration under the
4            Sex Offender Registration Act.
5            (D) the sealing of the records of an arrest which
6        results in the petitioner being charged with a felony
7        offense or records of a charge not initiated by arrest
8        for a felony offense unless:
9                (i) the charge is amended to a misdemeanor and
10            is otherwise eligible to be sealed pursuant to
11            subsection (c);
12                (ii) the charge is brought along with another
13            charge as a part of one case and the charge results
14            in acquittal, dismissal, or conviction when the
15            conviction was reversed or vacated, and another
16            charge brought in the same case results in a
17            disposition for a misdemeanor offense that is
18            eligible to be sealed pursuant to subsection (c) or
19            a disposition listed in paragraph (i), (iii), or
20            (iv) of this subsection;
21                (iii) the charge results in first offender
22            probation as set forth in subsection (c)(2)(E);
23                (iv) the charge is for a felony offense listed
24            in subsection (c)(2)(F) or the charge is amended to
25            a felony offense listed in subsection (c)(2)(F);
26                (v) the charge results in acquittal,

 

 

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1            dismissal, or the petitioner's release without
2            conviction; or
3                (vi) the charge results in a conviction, but
4            the conviction was reversed or vacated.
5    (b) Expungement.
6        (1) A petitioner may petition the circuit court to
7    expunge the records of his or her arrests and charges not
8    initiated by arrest when each arrest or charge not
9    initiated by arrest sought to be expunged resulted in: (i)
10    acquittal, dismissal, or the petitioner's release without
11    charging, unless excluded by subsection (a)(3)(B); (ii) a
12    conviction which was vacated or reversed, unless excluded
13    by subsection (a)(3)(B); (iii) an order of supervision and
14    such supervision was successfully completed by the
15    petitioner, unless excluded by subsection (a)(3)(A) or
16    (a)(3)(B); or (iv) an order of qualified probation (as
17    defined in subsection (a)(1)(J)) and such probation was
18    successfully completed by the petitioner.
19        (1.5) When a petitioner seeks to have a record of
20    arrest expunged under this Section, and the offender has
21    been convicted of a criminal offense, the State's Attorney
22    may object to the expungement on the grounds that the
23    records contain specific relevant information aside from
24    the mere fact of the arrest.
25        (2) Time frame for filing a petition to expunge.
26            (A) When the arrest or charge not initiated by

 

 

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1        arrest sought to be expunged resulted in an acquittal,
2        dismissal, the petitioner's release without charging,
3        or the reversal or vacation of a conviction, there is
4        no waiting period to petition for the expungement of
5        such records.
6            (B) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an order of
8        supervision, successfully completed by the petitioner,
9        the following time frames will apply:
10                (i) Those arrests or charges that resulted in
11            orders of supervision under Section 3-707, 3-708,
12            3-710, or 5-401.3 of the Illinois Vehicle Code or a
13            similar provision of a local ordinance, or under
14            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
15            Code of 1961 or the Criminal Code of 2012, or a
16            similar provision of a local ordinance, shall not
17            be eligible for expungement until 5 years have
18            passed following the satisfactory termination of
19            the supervision.
20                (i-5) Those arrests or charges that resulted
21            in orders of supervision for a misdemeanor
22            violation of subsection (a) of Section 11-503 of
23            the Illinois Vehicle Code or a similar provision of
24            a local ordinance, that occurred prior to the
25            offender reaching the age of 25 years and the
26            offender has no other conviction for violating

 

 

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1            Section 11-501 or 11-503 of the Illinois Vehicle
2            Code or a similar provision of a local ordinance
3            shall not be eligible for expungement until the
4            petitioner has reached the age of 25 years.
5                (ii) Those arrests or charges that resulted in
6            orders of supervision for any other offenses shall
7            not be eligible for expungement until 2 years have
8            passed following the satisfactory termination of
9            the supervision.
10            (C) When the arrest or charge not initiated by
11        arrest sought to be expunged resulted in an order of
12        qualified probation, successfully completed by the
13        petitioner, such records shall not be eligible for
14        expungement until 5 years have passed following the
15        satisfactory termination of the probation.
16        (3) Those records maintained by the Department for
17    persons arrested prior to their 17th birthday shall be
18    expunged as provided in Section 5-915 of the Juvenile Court
19    Act of 1987.
20        (4) Whenever a person has been arrested for or
21    convicted of any offense, in the name of a person whose
22    identity he or she has stolen or otherwise come into
23    possession of, the aggrieved person from whom the identity
24    was stolen or otherwise obtained without authorization,
25    upon learning of the person having been arrested using his
26    or her identity, may, upon verified petition to the chief

 

 

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1    judge of the circuit wherein the arrest was made, have a
2    court order entered nunc pro tunc by the Chief Judge to
3    correct the arrest record, conviction record, if any, and
4    all official records of the arresting authority, the
5    Department, other criminal justice agencies, the
6    prosecutor, and the trial court concerning such arrest, if
7    any, by removing his or her name from all such records in
8    connection with the arrest and conviction, if any, and by
9    inserting in the records the name of the offender, if known
10    or ascertainable, in lieu of the aggrieved's name. The
11    records of the circuit court clerk shall be sealed until
12    further order of the court upon good cause shown and the
13    name of the aggrieved person obliterated on the official
14    index required to be kept by the circuit court clerk under
15    Section 16 of the Clerks of Courts Act, but the order shall
16    not affect any index issued by the circuit court clerk
17    before the entry of the order. Nothing in this Section
18    shall limit the Department of State Police or other
19    criminal justice agencies or prosecutors from listing
20    under an offender's name the false names he or she has
21    used.
22        (5) Whenever a person has been convicted of criminal
23    sexual assault, aggravated criminal sexual assault,
24    predatory criminal sexual assault of a child, criminal
25    sexual abuse, or aggravated criminal sexual abuse, the
26    victim of that offense may request that the State's

 

 

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1    Attorney of the county in which the conviction occurred
2    file a verified petition with the presiding trial judge at
3    the petitioner's trial to have a court order entered to
4    seal the records of the circuit court clerk in connection
5    with the proceedings of the trial court concerning that
6    offense. However, the records of the arresting authority
7    and the Department of State Police concerning the offense
8    shall not be sealed. The court, upon good cause shown,
9    shall make the records of the circuit court clerk in
10    connection with the proceedings of the trial court
11    concerning the offense available for public inspection.
12        (6) If a conviction has been set aside on direct review
13    or on collateral attack and the court determines by clear
14    and convincing evidence that the petitioner was factually
15    innocent of the charge, the court that finds the petitioner
16    factually innocent of the charge shall enter an expungement
17    order for the conviction for which the petitioner has been
18    determined to be innocent as provided in subsection (b) of
19    Section 5-5-4 of the Unified Code of Corrections.
20        (7) Nothing in this Section shall prevent the
21    Department of State Police from maintaining all records of
22    any person who is admitted to probation upon terms and
23    conditions and who fulfills those terms and conditions
24    pursuant to Section 10 of the Cannabis Control Act, Section
25    410 of the Illinois Controlled Substances Act, Section 70
26    of the Methamphetamine Control and Community Protection

 

 

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1    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
2    Corrections, Section 12-4.3 or subdivision (b)(1) of
3    Section 12-3.05 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, Section 10-102 of the Illinois
5    Alcoholism and Other Drug Dependency Act, Section 40-10 of
6    the Alcoholism and Other Drug Abuse and Dependency Act, or
7    Section 10 of the Steroid Control Act.
8        (8) If the petitioner has been granted a certificate of
9    innocence under Section 2-702 of the Code of Civil
10    Procedure, the court that grants the certificate of
11    innocence shall also enter an order expunging the
12    conviction for which the petitioner has been determined to
13    be innocent as provided in subsection (h) of Section 2-702
14    of the Code of Civil Procedure.
15    (c) Sealing.
16        (1) Applicability. Notwithstanding any other provision
17    of this Act to the contrary, and cumulative with any rights
18    to expungement of criminal records, this subsection
19    authorizes the sealing of criminal records of adults and of
20    minors prosecuted as adults.
21        (2) Eligible Records. The following records may be
22    sealed:
23            (A) All arrests resulting in release without
24        charging;
25            (B) Arrests or charges not initiated by arrest
26        resulting in acquittal, dismissal, or conviction when

 

 

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1        the conviction was reversed or vacated, except as
2        excluded by subsection (a)(3)(B);
3            (C) Arrests or charges not initiated by arrest
4        resulting in orders of supervision, including orders
5        of supervision for municipal ordinance violations,
6        successfully completed by the petitioner, unless
7        excluded by subsection (a)(3);
8            (D) Arrests or charges not initiated by arrest
9        resulting in convictions, including convictions on
10        municipal ordinance violations, unless excluded by
11        subsection (a)(3);
12            (E) Arrests or charges not initiated by arrest
13        resulting in orders of first offender probation under
14        Section 10 of the Cannabis Control Act, Section 410 of
15        the Illinois Controlled Substances Act, Section 70 of
16        the Methamphetamine Control and Community Protection
17        Act, or Section 5-6-3.3 of the Unified Code of
18        Corrections; and
19            (F) Arrests or charges not initiated by arrest
20        resulting in felony convictions for the following
21        offenses:
22                (i) Class 4 felony convictions for:
23                    Prostitution under Section 11-14 of the
24                Criminal Code of 1961 or the Criminal Code of
25                2012.
26                    Possession of cannabis under Section 4 of

 

 

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

 

 

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1                    Deceptive practices under Section 17-1 of
2                the Criminal Code of 1961 or the Criminal Code
3                of 2012.
4                    Forgery under Section 17-3 of the Criminal
5                Code of 1961 or the Criminal Code of 2012.
6                    Possession with intent to manufacture or
7                deliver a controlled substance under Section
8                401 of the Illinois Controlled Substances Act.
9                (iii) Convictions for any non-violent criminal
10            offense.
11                (iv) Convictions for any criminal offense that
12            did not result in bodily harm or death to another
13            person.
14        (3) When Records Are Eligible to Be Sealed. Records
15    identified as eligible under subsection (c)(2) may be
16    sealed as follows:
17            (A) Records identified as eligible under
18        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
19        time.
20            (B) Except as otherwise provided in subparagraph
21        (E) of this paragraph (3), records identified as
22        eligible under subsection (c)(2)(C) may be sealed 2
23        years after the termination of petitioner's last
24        sentence (as defined in subsection (a)(1)(F)).
25            (C) Except as otherwise provided in subparagraph
26        (E) of this paragraph (3), records identified as

 

 

HB0233- 19 -LRB100 04159 SLF 14165 b

1        eligible under subsections (c)(2)(D), (c)(2)(E), and
2        (c)(2)(F), other than subsection (c)(2)(F)(iii) or
3        c)(2)(F)(iv), may be sealed 3 years after the
4        termination of the petitioner's last sentence (as
5        defined in subsection (a)(1)(F)).
6            (D) Records identified in subsection
7        (a)(3)(A)(iii) may be sealed after the petitioner has
8        reached the age of 25 years.
9            (E) Records identified as eligible under
10        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
11        (c)(2)(F) may be sealed upon termination of the
12        petitioner's last sentence if the petitioner earned a
13        high school diploma, associate's degree, career
14        certificate, vocational technical certification, or
15        bachelor's degree, or passed the high school level Test
16        of General Educational Development, during the period
17        of his or her sentence, aftercare release, or mandatory
18        supervised release. This subparagraph shall apply only
19        to a petitioner who has not completed the same
20        educational goal prior to the period of his or her
21        sentence, aftercare release, or mandatory supervised
22        release. If a petition for sealing eligible records
23        filed under this subparagraph is denied by the court,
24        the time periods under subparagraph (B) or (C) shall
25        apply to any subsequent petition for sealing filed by
26        the petitioner.

 

 

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

 

 

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1    charges were brought, or both. If arrests occurred or
2    charges were brought in multiple jurisdictions, a petition
3    must be filed in each such jurisdiction. The petitioner
4    shall pay the applicable fee, except no fee shall be
5    required if the petitioner has obtained a court order
6    waiving fees under Supreme Court Rule 298 or it is
7    otherwise waived.
8        (1.5) County fee waiver pilot program. In a county of
9    3,000,000 or more inhabitants, no fee shall be required to
10    be paid by a petitioner if the records sought to be
11    expunged or sealed were arrests resulting in release
12    without charging or arrests or charges not initiated by
13    arrest resulting in acquittal, dismissal, or conviction
14    when the conviction was reversed or vacated, unless
15    excluded by subsection (a)(3)(B). The provisions of this
16    paragraph (1.5), other than this sentence, are inoperative
17    on and after January 1, 2018 or one year after January 1,
18    2017 (the effective date of Public Act 99-881) this
19    amendatory Act of the 99th General Assembly, whichever is
20    later.
21        (2) Contents of petition. The petition shall be
22    verified and shall contain the petitioner's name, date of
23    birth, current address and, for each arrest or charge not
24    initiated by arrest sought to be sealed or expunged, the
25    case number, the date of arrest (if any), the identity of
26    the arresting authority, and such other information as the

 

 

HB0233- 22 -LRB100 04159 SLF 14165 b

1    court may require. During the pendency of the proceeding,
2    the petitioner shall promptly notify the circuit court
3    clerk of any change of his or her address. If the
4    petitioner has received a certificate of eligibility for
5    sealing from the Prisoner Review Board under paragraph (10)
6    of subsection (a) of Section 3-3-2 of the Unified Code of
7    Corrections, the certificate shall be attached to the
8    petition.
9        (3) Drug test. The petitioner must attach to the
10    petition proof that the petitioner has passed a test taken
11    within 30 days before the filing of the petition showing
12    the absence within his or her body of all illegal
13    substances as defined by the Illinois Controlled
14    Substances Act, the Methamphetamine Control and Community
15    Protection Act, and the Cannabis Control Act if he or she
16    is petitioning to:
17            (A) seal felony records under clause (c)(2)(E);
18            (B) seal felony records for a violation of the
19        Illinois Controlled Substances Act, the
20        Methamphetamine Control and Community Protection Act,
21        or the Cannabis Control Act under clause (c)(2)(F);
22            (C) seal felony records under subsection (e-5); or
23            (D) expunge felony records of a qualified
24        probation under clause (b)(1)(iv).
25        (4) Service of petition. The circuit court clerk shall
26    promptly serve a copy of the petition and documentation to

 

 

HB0233- 23 -LRB100 04159 SLF 14165 b

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

 

 

HB0233- 24 -LRB100 04159 SLF 14165 b

1        Department of State Police, the arresting agency, or
2        the chief legal officer files an objection to the
3        petition to expunge or seal within 60 days from the
4        date of service of the petition, the court shall enter
5        an order granting or denying the petition.
6        (7) Hearings. If an objection is filed, the court shall
7    set a date for a hearing and notify the petitioner and all
8    parties entitled to notice of the petition of the hearing
9    date at least 30 days prior to the hearing. Prior to the
10    hearing, the State's Attorney shall consult with the
11    Department as to the appropriateness of the relief sought
12    in the petition to expunge or seal. At the hearing, the
13    court shall hear evidence on whether the petition should or
14    should not be granted, and shall grant or deny the petition
15    to expunge or seal the records based on the evidence
16    presented at the hearing. The court may consider the
17    following:
18            (A) the strength of the evidence supporting the
19        defendant's conviction;
20            (B) the reasons for retention of the conviction
21        records by the State;
22            (C) the petitioner's age, criminal record history,
23        and employment history;
24            (D) the period of time between the petitioner's
25        arrest on the charge resulting in the conviction and
26        the filing of the petition under this Section; and

 

 

HB0233- 25 -LRB100 04159 SLF 14165 b

1            (E) the specific adverse consequences the
2        petitioner may be subject to if the petition is denied.
3        (8) Service of order. After entering an order to
4    expunge or seal records, the court must provide copies of
5    the order to the Department, in a form and manner
6    prescribed by the Department, to the petitioner, to the
7    State's Attorney or prosecutor charged with the duty of
8    prosecuting the offense, to the arresting agency, to the
9    chief legal officer of the unit of local government
10    effecting the arrest, and to such other criminal justice
11    agencies as may be ordered by the court.
12        (9) Implementation of order.
13            (A) Upon entry of an order to expunge records
14        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
15                (i) the records shall be expunged (as defined
16            in subsection (a)(1)(E)) by the arresting agency,
17            the Department, and any other agency as ordered by
18            the court, within 60 days of the date of service of
19            the order, unless a motion to vacate, modify, or
20            reconsider the order is filed pursuant to
21            paragraph (12) of subsection (d) of this Section;
22                (ii) the records of the circuit court clerk
23            shall be impounded until further order of the court
24            upon good cause shown and the name of the
25            petitioner obliterated on the official index
26            required to be kept by the circuit court clerk

 

 

HB0233- 26 -LRB100 04159 SLF 14165 b

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

 

 

HB0233- 27 -LRB100 04159 SLF 14165 b

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

 

 

HB0233- 28 -LRB100 04159 SLF 14165 b

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

 

 

HB0233- 29 -LRB100 04159 SLF 14165 b

1            from anyone not authorized by law to access the
2            records, the court, the Department, or the agency
3            receiving the inquiry shall reply as it does in
4            response to inquiries when no records ever
5            existed.
6            (C) Upon entry of an order to seal records under
7        subsection (c), the arresting agency, any other agency
8        as ordered by the court, the Department, and the court
9        shall seal the records (as defined in subsection
10        (a)(1)(K)). In response to an inquiry for such records,
11        from anyone not authorized by law to access such
12        records, the court, the Department, or the agency
13        receiving such inquiry shall reply as it does in
14        response to inquiries when no records ever existed.
15            (D) The Department shall send written notice to the
16        petitioner of its compliance with each order to expunge
17        or seal records within 60 days of the date of service
18        of that order or, if a motion to vacate, modify, or
19        reconsider is filed, within 60 days of service of the
20        order resolving the motion, if that order requires the
21        Department to expunge or seal records. In the event of
22        an appeal from the circuit court order, the Department
23        shall send written notice to the petitioner of its
24        compliance with an Appellate Court or Supreme Court
25        judgment to expunge or seal records within 60 days of
26        the issuance of the court's mandate. The notice is not

 

 

HB0233- 30 -LRB100 04159 SLF 14165 b

1        required while any motion to vacate, modify, or
2        reconsider, or any appeal or petition for
3        discretionary appellate review, is pending.
4        (10) Fees. The Department may charge the petitioner a
5    fee equivalent to the cost of processing any order to
6    expunge or seal records. Notwithstanding any provision of
7    the Clerks of Courts Act to the contrary, the circuit court
8    clerk may charge a fee equivalent to the cost associated
9    with the sealing or expungement of records by the circuit
10    court clerk. From the total filing fee collected for the
11    petition to seal or expunge, the circuit court clerk shall
12    deposit $10 into the Circuit Court Clerk Operation and
13    Administrative Fund, to be used to offset the costs
14    incurred by the circuit court clerk in performing the
15    additional duties required to serve the petition to seal or
16    expunge on all parties. The circuit court clerk shall
17    collect and forward the Department of State Police portion
18    of the fee to the Department and it shall be deposited in
19    the State Police Services Fund.
20        (11) Final Order. No court order issued under the
21    expungement or sealing provisions of this Section shall
22    become final for purposes of appeal until 30 days after
23    service of the order on the petitioner and all parties
24    entitled to notice of the petition.
25        (12) Motion to Vacate, Modify, or Reconsider. Under
26    Section 2-1203 of the Code of Civil Procedure, the

 

 

HB0233- 31 -LRB100 04159 SLF 14165 b

1    petitioner or any party entitled to notice may file a
2    motion to vacate, modify, or reconsider the order granting
3    or denying the petition to expunge or seal within 60 days
4    of service of the order. If filed more than 60 days after
5    service of the order, a petition to vacate, modify, or
6    reconsider shall comply with subsection (c) of Section
7    2-1401 of the Code of Civil Procedure. Upon filing of a
8    motion to vacate, modify, or reconsider, notice of the
9    motion shall be served upon the petitioner and all parties
10    entitled to notice of the petition.
11        (13) Effect of Order. An order granting a petition
12    under the expungement or sealing provisions of this Section
13    shall not be considered void because it fails to comply
14    with the provisions of this Section or because of any error
15    asserted in a motion to vacate, modify, or reconsider. The
16    circuit court retains jurisdiction to determine whether
17    the order is voidable and to vacate, modify, or reconsider
18    its terms based on a motion filed under paragraph (12) of
19    this subsection (d).
20        (14) Compliance with Order Granting Petition to Seal
21    Records. Unless a court has entered a stay of an order
22    granting a petition to seal, all parties entitled to notice
23    of the petition must fully comply with the terms of the
24    order within 60 days of service of the order even if a
25    party is seeking relief from the order through a motion
26    filed under paragraph (12) of this subsection (d) or is

 

 

HB0233- 32 -LRB100 04159 SLF 14165 b

1    appealing the order.
2        (15) Compliance with Order Granting Petition to
3    Expunge Records. While a party is seeking relief from the
4    order granting the petition to expunge through a motion
5    filed under paragraph (12) of this subsection (d) or is
6    appealing the order, and unless a court has entered a stay
7    of that order, the parties entitled to notice of the
8    petition must seal, but need not expunge, the records until
9    there is a final order on the motion for relief or, in the
10    case of an appeal, the issuance of that court's mandate.
11        (16) The changes to this subsection (d) made by Public
12    Act 98-163 apply to all petitions pending on August 5, 2013
13    (the effective date of Public Act 98-163) and to all orders
14    ruling on a petition to expunge or seal on or after August
15    5, 2013 (the effective date of Public Act 98-163).
16    (e) Whenever a person who has been convicted of an offense
17is granted a pardon by the Governor which specifically
18authorizes expungement, he or she may, upon verified petition
19to the Chief Judge of the circuit where the person had been
20convicted, any judge of the circuit designated by the Chief
21Judge, or in counties of less than 3,000,000 inhabitants, the
22presiding trial judge at the defendant's trial, have a court
23order entered expunging the record of arrest from the official
24records of the arresting authority and order that the records
25of the circuit court clerk and the Department be sealed until
26further order of the court upon good cause shown or as

 

 

HB0233- 33 -LRB100 04159 SLF 14165 b

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

 

 

HB0233- 34 -LRB100 04159 SLF 14165 b

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

 

 

HB0233- 35 -LRB100 04159 SLF 14165 b

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

 

 

HB0233- 36 -LRB100 04159 SLF 14165 b

1especially on employment and recidivism rates, utilizing a
2random sample of those who apply for the sealing of their
3criminal records under Public Act 93-211. At the request of the
4Illinois Department of Corrections, records of the Illinois
5Department of Employment Security shall be utilized as
6appropriate to assist in the study. The study shall not
7disclose any data in a manner that would allow the
8identification of any particular individual or employing unit.
9The study shall be made available to the General Assembly no
10later than September 1, 2010.
11(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
12eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
13eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
1498-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
1599-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
167-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)