100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0316

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Extends the inoperative clause date for a pilot program in Cook County waiving the fee to be paid for a petition to expunge or seal records of 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. Extends inoperative date to on and after January 1, 2019 (rather than on and after January 1, 2018). Effective immediately.


LRB100 05450 SLF 15461 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0316LRB100 05450 SLF 15461 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (b) Expungement.
2        (1) A petitioner may petition the circuit court to
3    expunge the records of his or her arrests and charges not
4    initiated by arrest when each arrest or charge not
5    initiated by arrest sought to be expunged resulted in: (i)
6    acquittal, dismissal, or the petitioner's release without
7    charging, unless excluded by subsection (a)(3)(B); (ii) a
8    conviction which was vacated or reversed, unless excluded
9    by subsection (a)(3)(B); (iii) an order of supervision and
10    such supervision was successfully completed by the
11    petitioner, unless excluded by subsection (a)(3)(A) or
12    (a)(3)(B); or (iv) an order of qualified probation (as
13    defined in subsection (a)(1)(J)) and such probation was
14    successfully completed by the petitioner.
15        (1.5) When a petitioner seeks to have a record of
16    arrest expunged under this Section, and the offender has
17    been convicted of a criminal offense, the State's Attorney
18    may object to the expungement on the grounds that the
19    records contain specific relevant information aside from
20    the mere fact of the arrest.
21        (2) Time frame for filing a petition to expunge.
22            (A) When the arrest or charge not initiated by
23        arrest sought to be expunged resulted in an acquittal,
24        dismissal, the petitioner's release without charging,
25        or the reversal or vacation of a conviction, there is
26        no waiting period to petition for the expungement of

 

 

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1        such records.
2            (B) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        supervision, successfully completed by the petitioner,
5        the following time frames will apply:
6                (i) Those arrests or charges that resulted in
7            orders of supervision under Section 3-707, 3-708,
8            3-710, or 5-401.3 of the Illinois Vehicle Code or a
9            similar provision of a local ordinance, or under
10            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
11            Code of 1961 or the Criminal Code of 2012, or a
12            similar provision of a local ordinance, shall not
13            be eligible for expungement until 5 years have
14            passed following the satisfactory termination of
15            the supervision.
16                (i-5) Those arrests or charges that resulted
17            in orders of supervision for a misdemeanor
18            violation of subsection (a) of Section 11-503 of
19            the Illinois Vehicle Code or a similar provision of
20            a local ordinance, that occurred prior to the
21            offender reaching the age of 25 years and the
22            offender has no other conviction for violating
23            Section 11-501 or 11-503 of the Illinois Vehicle
24            Code or a similar provision of a local ordinance
25            shall not be eligible for expungement until the
26            petitioner has reached the age of 25 years.

 

 

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

 

 

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

 

 

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1    with the proceedings of the trial court concerning that
2    offense. However, the records of the arresting authority
3    and the Department of State Police concerning the offense
4    shall not be sealed. The court, upon good cause shown,
5    shall make the records of the circuit court clerk in
6    connection with the proceedings of the trial court
7    concerning the offense available for public inspection.
8        (6) If a conviction has been set aside on direct review
9    or on collateral attack and the court determines by clear
10    and convincing evidence that the petitioner was factually
11    innocent of the charge, the court that finds the petitioner
12    factually innocent of the charge shall enter an expungement
13    order for the conviction for which the petitioner has been
14    determined to be innocent as provided in subsection (b) of
15    Section 5-5-4 of the Unified Code of Corrections.
16        (7) Nothing in this Section shall prevent the
17    Department of State Police from maintaining all records of
18    any person who is admitted to probation upon terms and
19    conditions and who fulfills those terms and conditions
20    pursuant to Section 10 of the Cannabis Control Act, Section
21    410 of the Illinois Controlled Substances Act, Section 70
22    of the Methamphetamine Control and Community Protection
23    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
24    Corrections, Section 12-4.3 or subdivision (b)(1) of
25    Section 12-3.05 of the Criminal Code of 1961 or the
26    Criminal Code of 2012, Section 10-102 of the Illinois

 

 

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

 

 

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

 

 

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

 

 

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1                Code of 1961 or the Criminal Code of 2012.
2                    Possession with intent to manufacture or
3                deliver a controlled substance under Section
4                401 of the Illinois Controlled Substances Act.
5        (3) When Records Are Eligible to Be Sealed. Records
6    identified as eligible under subsection (c)(2) may be
7    sealed as follows:
8            (A) Records identified as eligible under
9        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
10        time.
11            (B) Except as otherwise provided in subparagraph
12        (E) of this paragraph (3), records identified as
13        eligible under subsection (c)(2)(C) may be sealed 2
14        years after the termination of petitioner's last
15        sentence (as defined in subsection (a)(1)(F)).
16            (C) Except as otherwise provided in subparagraph
17        (E) of this paragraph (3), records identified as
18        eligible under subsections (c)(2)(D), (c)(2)(E), and
19        (c)(2)(F) may be sealed 3 years after the termination
20        of the petitioner's last sentence (as defined in
21        subsection (a)(1)(F)).
22            (D) Records identified in subsection
23        (a)(3)(A)(iii) may be sealed after the petitioner has
24        reached the age of 25 years.
25            (E) Records identified as eligible under
26        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or

 

 

HB0316- 19 -LRB100 05450 SLF 15461 b

1        (c)(2)(F) may be sealed upon termination of the
2        petitioner's last sentence if the petitioner earned a
3        high school diploma, associate's degree, career
4        certificate, vocational technical certification, or
5        bachelor's degree, or passed the high school level Test
6        of General Educational Development, during the period
7        of his or her sentence, aftercare release, or mandatory
8        supervised release. This subparagraph shall apply only
9        to a petitioner who has not completed the same
10        educational goal prior to the period of his or her
11        sentence, aftercare release, or mandatory supervised
12        release. If a petition for sealing eligible records
13        filed under this subparagraph is denied by the court,
14        the time periods under subparagraph (B) or (C) shall
15        apply to any subsequent petition for sealing filed by
16        the petitioner.
17        (4) Subsequent felony convictions. A person may not
18    have subsequent felony conviction records sealed as
19    provided in this subsection (c) if he or she is convicted
20    of any felony offense after the date of the sealing of
21    prior felony convictions as provided in this subsection
22    (c). The court may, upon conviction for a subsequent felony
23    offense, order the unsealing of prior felony conviction
24    records previously ordered sealed by the court.
25        (5) Notice of eligibility for sealing. Upon entry of a
26    disposition for an eligible record under this subsection

 

 

HB0316- 20 -LRB100 05450 SLF 15461 b

1    (c), the petitioner shall be informed by the court of the
2    right to have the records sealed and the procedures for the
3    sealing of the records.
4    (d) Procedure. The following procedures apply to
5expungement under subsections (b), (e), and (e-6) and sealing
6under subsections (c) and (e-5):
7        (1) Filing the petition. Upon becoming eligible to
8    petition for the expungement or sealing of records under
9    this Section, the petitioner shall file a petition
10    requesting the expungement or sealing of records with the
11    clerk of the court where the arrests occurred or the
12    charges were brought, or both. If arrests occurred or
13    charges were brought in multiple jurisdictions, a petition
14    must be filed in each such jurisdiction. The petitioner
15    shall pay the applicable fee, except no fee shall be
16    required if the petitioner has obtained a court order
17    waiving fees under Supreme Court Rule 298 or it is
18    otherwise waived.
19        (1.5) County fee waiver pilot program. In a county of
20    3,000,000 or more inhabitants, no fee shall be required to
21    be paid by a petitioner if the records sought to be
22    expunged or sealed were arrests resulting in release
23    without charging or arrests or charges not initiated by
24    arrest resulting in acquittal, dismissal, or conviction
25    when the conviction was reversed or vacated, unless
26    excluded by subsection (a)(3)(B). The provisions of this

 

 

HB0316- 21 -LRB100 05450 SLF 15461 b

1    paragraph (1.5), other than this sentence, are inoperative
2    on and after January 1, 2019 January 1, 2018 or one year
3    after January 1, 2017 (the effective date of Public Act
4    99-881) this amendatory Act of the 99th General Assembly,
5    whichever is later.
6        (2) Contents of petition. The petition shall be
7    verified and shall contain the petitioner's name, date of
8    birth, current address and, for each arrest or charge not
9    initiated by arrest sought to be sealed or expunged, the
10    case number, the date of arrest (if any), the identity of
11    the arresting authority, and such other information as the
12    court may require. During the pendency of the proceeding,
13    the petitioner shall promptly notify the circuit court
14    clerk of any change of his or her address. If the
15    petitioner has received a certificate of eligibility for
16    sealing from the Prisoner Review Board under paragraph (10)
17    of subsection (a) of Section 3-3-2 of the Unified Code of
18    Corrections, the certificate shall be attached to the
19    petition.
20        (3) Drug test. The petitioner must attach to the
21    petition proof that the petitioner has passed a test taken
22    within 30 days before the filing of the petition showing
23    the absence within his or her body of all illegal
24    substances as defined by the Illinois Controlled
25    Substances Act, the Methamphetamine Control and Community
26    Protection Act, and the Cannabis Control Act if he or she

 

 

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1    is petitioning to:
2            (A) seal felony records under clause (c)(2)(E);
3            (B) seal felony records for a violation of the
4        Illinois Controlled Substances Act, the
5        Methamphetamine Control and Community Protection Act,
6        or the Cannabis Control Act under clause (c)(2)(F);
7            (C) seal felony records under subsection (e-5); or
8            (D) expunge felony records of a qualified
9        probation under clause (b)(1)(iv).
10        (4) Service of petition. The circuit court clerk shall
11    promptly serve a copy of the petition and documentation to
12    support the petition under subsection (e-5) or (e-6) on the
13    State's Attorney or prosecutor charged with the duty of
14    prosecuting the offense, the Department of State Police,
15    the arresting agency and the chief legal officer of the
16    unit of local government effecting the arrest.
17        (5) Objections.
18            (A) Any party entitled to notice of the petition
19        may file an objection to the petition. All objections
20        shall be in writing, shall be filed with the circuit
21        court clerk, and shall state with specificity the basis
22        of the objection. Whenever a person who has been
23        convicted of an offense is granted a pardon by the
24        Governor which specifically authorizes expungement, an
25        objection to the petition may not be filed.
26            (B) Objections to a petition to expunge or seal

 

 

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1        must be filed within 60 days of the date of service of
2        the petition.
3        (6) Entry of order.
4            (A) The Chief Judge of the circuit wherein the
5        charge was brought, any judge of that circuit
6        designated by the Chief Judge, or in counties of less
7        than 3,000,000 inhabitants, the presiding trial judge
8        at the petitioner's trial, if any, shall rule on the
9        petition to expunge or seal as set forth in this
10        subsection (d)(6).
11            (B) Unless the State's Attorney or prosecutor, the
12        Department of State Police, the arresting agency, or
13        the chief legal officer files an objection to the
14        petition to expunge or seal within 60 days from the
15        date of service of the petition, the court shall enter
16        an order granting or denying the petition.
17        (7) Hearings. If an objection is filed, the court shall
18    set a date for a hearing and notify the petitioner and all
19    parties entitled to notice of the petition of the hearing
20    date at least 30 days prior to the hearing. Prior to the
21    hearing, the State's Attorney shall consult with the
22    Department as to the appropriateness of the relief sought
23    in the petition to expunge or seal. At the hearing, the
24    court shall hear evidence on whether the petition should or
25    should not be granted, and shall grant or deny the petition
26    to expunge or seal the records based on the evidence

 

 

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

 

 

HB0316- 25 -LRB100 05450 SLF 15461 b

1            in subsection (a)(1)(E)) by the arresting agency,
2            the Department, and any other agency as ordered by
3            the court, within 60 days of the date of service of
4            the order, unless a motion to vacate, modify, or
5            reconsider the order is filed pursuant to
6            paragraph (12) of subsection (d) of this Section;
7                (ii) the records of the circuit court clerk
8            shall be impounded until further order of the court
9            upon good cause shown and the name of the
10            petitioner obliterated on the official index
11            required to be kept by the circuit court clerk
12            under Section 16 of the Clerks of Courts Act, but
13            the order shall not affect any index issued by the
14            circuit court clerk before the entry of the order;
15            and
16                (iii) in response to an inquiry for expunged
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) Upon entry of an order to expunge records
22        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
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,

 

 

HB0316- 26 -LRB100 05450 SLF 15461 b

1            unless a motion to vacate, modify, or reconsider
2            the order is filed pursuant to 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            pursuant to paragraph (12) of subsection (d) of
17            this 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 such records

 

 

HB0316- 27 -LRB100 05450 SLF 15461 b

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

 

 

HB0316- 28 -LRB100 05450 SLF 15461 b

1            under paragraph (12) of subsection (d) of this
2            Section;
3                (iv) records impounded by the Department may
4            be disseminated by the Department only as required
5            by law or to the arresting authority, the State's
6            Attorney, and the court upon a later arrest for the
7            same or a similar offense or for the purpose of
8            sentencing for any subsequent felony, and to the
9            Department of Corrections upon conviction for any
10            offense; and
11                (v) in response to an inquiry for these records
12            from anyone not authorized by law to access the
13            records, the court, the Department, or the agency
14            receiving the inquiry shall reply as it does in
15            response to inquiries when no records ever
16            existed.
17            (C) Upon entry of an order to seal records under
18        subsection (c), the arresting agency, any other agency
19        as ordered by the court, the Department, and the court
20        shall seal the records (as defined in subsection
21        (a)(1)(K)). In response to an inquiry for such records,
22        from anyone not authorized by law to access such
23        records, the court, the Department, or the agency
24        receiving such inquiry shall reply as it does in
25        response to inquiries when no records ever existed.
26            (D) The Department shall send written notice to the

 

 

HB0316- 29 -LRB100 05450 SLF 15461 b

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

 

 

HB0316- 30 -LRB100 05450 SLF 15461 b

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

 

 

HB0316- 31 -LRB100 05450 SLF 15461 b

1    circuit court retains jurisdiction to determine whether
2    the order is voidable and to vacate, modify, or reconsider
3    its terms based on a motion filed under paragraph (12) of
4    this subsection (d).
5        (14) Compliance with Order Granting Petition to Seal
6    Records. Unless a court has entered a stay of an order
7    granting a petition to seal, all parties entitled to notice
8    of the petition must fully comply with the terms of the
9    order within 60 days of service of the order even if a
10    party is seeking relief from the order through a motion
11    filed under paragraph (12) of this subsection (d) or is
12    appealing the order.
13        (15) Compliance with Order Granting Petition to
14    Expunge Records. While a party is seeking relief from the
15    order granting the petition to expunge through a motion
16    filed under paragraph (12) of this subsection (d) or is
17    appealing the order, and unless a court has entered a stay
18    of that order, the parties entitled to notice of the
19    petition must seal, but need not expunge, the records until
20    there is a final order on the motion for relief or, in the
21    case of an appeal, the issuance of that court's mandate.
22        (16) The changes to this subsection (d) made by Public
23    Act 98-163 apply to all petitions pending on August 5, 2013
24    (the effective date of Public Act 98-163) and to all orders
25    ruling on a petition to expunge or seal on or after August
26    5, 2013 (the effective date of Public Act 98-163).

 

 

HB0316- 32 -LRB100 05450 SLF 15461 b

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

 

 

HB0316- 33 -LRB100 05450 SLF 15461 b

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

 

 

HB0316- 34 -LRB100 05450 SLF 15461 b

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

 

 

HB0316- 35 -LRB100 05450 SLF 15461 b

1enforcement agency, the State's Attorney, and the court upon a
2later arrest for the same or similar offense or for the purpose
3of sentencing for any subsequent felony. Upon conviction for
4any subsequent offense, the Department of Corrections shall
5have access to all expunged records of the Department
6pertaining to that individual. Upon entry of the order of
7expungement, the circuit court clerk shall promptly mail a copy
8of the order to the person who was granted the certificate of
9eligibility for expungement.
10    (f) Subject to available funding, the Illinois Department
11of Corrections shall conduct a study of the impact of sealing,
12especially on employment and recidivism rates, utilizing a
13random sample of those who apply for the sealing of their
14criminal records under Public Act 93-211. At the request of the
15Illinois Department of Corrections, records of the Illinois
16Department of Employment Security shall be utilized as
17appropriate to assist in the study. The study shall not
18disclose any data in a manner that would allow the
19identification of any particular individual or employing unit.
20The study shall be made available to the General Assembly no
21later than September 1, 2010.
22(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
23eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
24eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
2598-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
2699-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.

 

 

HB0316- 36 -LRB100 05450 SLF 15461 b

17-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.