102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4392

 

Introduced 1/21/2022, by Rep. Carol Ammons - Kambium Buckner - Kelly M. Cassidy - Bob Morgan - Justin Slaughter, et al.

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Provides that notwithstanding a positive test for the presence of cannabis within the petitioner's body from a drug test taken within 30 days before the filing of the petition for expungement or sealing or the failure of the petitioner to take such test, the petitioner may petition for the sealing or expungement of his or her felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act or felony records of a qualified probation for a felony drug offense. Defines "cannabis" and "felony drug offense".


LRB102 21280 RLC 30391 b

 

 

A BILL FOR

 

HB4392LRB102 21280 RLC 30391 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, sealing, and immediate 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 following Sections of the
14        Unified Code of Corrections, 730 ILCS 5/5-1-2 through
15        5/5-1-22:
16                (i) Business Offense, Section 5-1-2. (730 ILCS
17            5/5-1-2),
18                (ii) Charge, Section 5-1-3. (730 ILCS
19            5/5-1-3),
20                (iii) Court, Section 5-1-6. (730 ILCS
21            5/5-1-6),
22                (iv) Defendant, Section 5-1-7. (730 ILCS
23            5/5-1-7),

 

 

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1                (v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
2                (vi) Imprisonment, Section 5-1-10. (730 ILCS
3            5/5-1-10),
4                (vii) Judgment, Section 5-1-12. (730 ILCS
5            5/5-1-12),
6                (viii) Misdemeanor, Section 5-1-14. (730 ILCS
7            5/5-1-14),
8                (ix) Offense, Section 5-1-15. (730 ILCS
9            5/5-1-15),
10                (x) Parole, Section 5-1-16. (730 ILCS
11            5/5-1-16),
12                (xi) Petty Offense, Section 5-1-17. (730 ILCS
13            5/5-1-17),
14                (xii) Probation, Section 5-1-18. (730 ILCS
15            5/5-1-18),
16                (xiii) Sentence, Section 5-1-19. (730 ILCS
17            5/5-1-19),
18                (xiv) Supervision, Section 5-1-21. (730 ILCS
19            5/5-1-21), and
20                (xv) Victim, Section 5-1-22. (730 ILCS
21            5/5-1-22).
22            (B) As used in this Section, "charge not initiated
23        by arrest" means a charge (as defined by Section 5-1-3
24        of the Unified Code of Corrections 730 ILCS 5/5-1-3)
25        brought against a defendant where the defendant is not
26        arrested prior to or as a direct result of the charge.

 

 

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1            (C) "Conviction" means a judgment of conviction or
2        sentence entered upon a plea of guilty or upon a
3        verdict or finding of guilty of an offense, rendered
4        by a legally constituted jury or by a court of
5        competent jurisdiction authorized to try the case
6        without a jury. An order of supervision successfully
7        completed by the petitioner is not a conviction. An
8        order of qualified probation (as defined in subsection
9        (a)(1)(J)) successfully completed by the petitioner is
10        not a conviction. An order of supervision or an order
11        of qualified probation that is terminated
12        unsatisfactorily is a conviction, unless the
13        unsatisfactory termination is reversed, vacated, or
14        modified and the judgment of conviction, if any, is
15        reversed or vacated.
16            (D) "Criminal offense" means a petty offense,
17        business offense, misdemeanor, felony, or municipal
18        ordinance violation (as defined in subsection
19        (a)(1)(H)). As used in this Section, a minor traffic
20        offense (as defined in subsection (a)(1)(G)) shall not
21        be considered a criminal offense.
22            (E) "Expunge" means to physically destroy the
23        records or return them to the petitioner and to
24        obliterate the petitioner's name from any official
25        index or public record, or both. Nothing in this Act
26        shall require the physical destruction of the circuit

 

 

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1        court file, but such records relating to arrests or
2        charges, or both, ordered expunged shall be impounded
3        as required by subsections (d)(9)(A)(ii) and
4        (d)(9)(B)(ii).
5            (F) As used in this Section, "last sentence" means
6        the sentence, order of supervision, or order of
7        qualified probation (as defined by subsection
8        (a)(1)(J)), for a criminal offense (as defined by
9        subsection (a)(1)(D)) that terminates last in time in
10        any jurisdiction, regardless of whether the petitioner
11        has included the criminal offense for which the
12        sentence or order of supervision or qualified
13        probation was imposed in his or her petition. If
14        multiple sentences, orders of supervision, or orders
15        of qualified probation terminate on the same day and
16        are last in time, they shall be collectively
17        considered the "last sentence" regardless of whether
18        they were ordered to run concurrently.
19            (G) "Minor traffic offense" means a petty offense,
20        business offense, or Class C misdemeanor under the
21        Illinois Vehicle Code or a similar provision of a
22        municipal or local ordinance.
23            (G-5) "Minor Cannabis Offense" means a violation
24        of Section 4 or 5 of the Cannabis Control Act
25        concerning not more than 30 grams of any substance
26        containing cannabis, provided the violation did not

 

 

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1        include a penalty enhancement under Section 7 of the
2        Cannabis Control Act and is not associated with an
3        arrest, conviction or other disposition for a violent
4        crime as defined in subsection (c) of Section 3 of the
5        Rights of Crime Victims and Witnesses Act.
6            (H) "Municipal ordinance violation" means an
7        offense defined by a municipal or local ordinance that
8        is criminal in nature and with which the petitioner
9        was charged or for which the petitioner was arrested
10        and released without charging.
11            (I) "Petitioner" means an adult or a minor
12        prosecuted as an adult who has applied for relief
13        under this Section.
14            (J) "Qualified probation" means an order of
15        probation under Section 10 of the Cannabis Control
16        Act, Section 410 of the Illinois Controlled Substances
17        Act, Section 70 of the Methamphetamine Control and
18        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
19        of the Unified Code of Corrections, Section
20        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
21        those provisions existed before their deletion by
22        Public Act 89-313), Section 10-102 of the Illinois
23        Alcoholism and Other Drug Dependency Act, Section
24        40-10 of the Substance Use Disorder Act, or Section 10
25        of the Steroid Control Act. For the purpose of this
26        Section, "successful completion" of an order of

 

 

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

 

 

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1        outstanding financial legal obligation.
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), the law enforcement
8    agency issuing the citation shall automatically expunge,
9    on or before January 1 and July 1 of each year, the law
10    enforcement records of a person found to have committed a
11    civil law violation of subsection (a) of Section 4 of the
12    Cannabis Control Act or subsection (c) of Section 3.5 of
13    the Drug Paraphernalia Control Act in the law enforcement
14    agency's possession or control and which contains the
15    final satisfactory disposition which pertain to the person
16    issued a citation for that offense. The law enforcement
17    agency shall provide by rule the process for access,
18    review, and to confirm the automatic expungement by the
19    law enforcement agency issuing the citation. Commencing
20    180 days after July 29, 2016 (the effective date of Public
21    Act 99-697), the clerk of the circuit court shall expunge,
22    upon order of the court, or in the absence of a court order
23    on or before January 1 and July 1 of each year, the court
24    records of a person found in the circuit court to have
25    committed a civil law violation of subsection (a) of
26    Section 4 of the Cannabis Control Act or subsection (c) of

 

 

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1    Section 3.5 of the Drug Paraphernalia Control Act in the
2    clerk's possession or control and which contains the final
3    satisfactory disposition which pertain to the person
4    issued a citation for any of those offenses.
5        (3) Exclusions. Except as otherwise provided in
6    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
7    of this Section, the court shall not order:
8            (A) the sealing or expungement of the records of
9        arrests or charges not initiated by arrest that result
10        in an order of supervision for or conviction of: (i)
11        any sexual offense committed against a minor; (ii)
12        Section 11-501 of the Illinois Vehicle Code or a
13        similar provision of a local ordinance; or (iii)
14        Section 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance, unless the
16        arrest or charge is for a misdemeanor violation of
17        subsection (a) of Section 11-503 or a similar
18        provision of a local ordinance, that occurred prior to
19        the offender reaching the age of 25 years and the
20        offender has no other conviction for violating Section
21        11-501 or 11-503 of the Illinois Vehicle Code or a
22        similar provision of a local ordinance.
23            (B) the sealing or expungement of records of minor
24        traffic offenses (as defined in subsection (a)(1)(G)),
25        unless the petitioner was arrested and released
26        without charging.

 

 

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1            (C) the sealing of the records of arrests or
2        charges not initiated by arrest which result in an
3        order of supervision or a conviction for the following
4        offenses:
5                (i) offenses included in Article 11 of the
6            Criminal Code of 1961 or the Criminal Code of 2012
7            or a similar provision of a local ordinance,
8            except Section 11-14 and a misdemeanor violation
9            of Section 11-30 of the Criminal Code of 1961 or
10            the Criminal Code of 2012, or a similar provision
11            of a local ordinance;
12                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
13            26-5, or 48-1 of the Criminal Code of 1961 or the
14            Criminal Code of 2012, or a similar provision of a
15            local ordinance;
16                (iii) Sections 12-3.1 or 12-3.2 of the
17            Criminal Code of 1961 or the Criminal Code of
18            2012, or Section 125 of the Stalking No Contact
19            Order Act, or Section 219 of the Civil No Contact
20            Order Act, or a similar provision of a local
21            ordinance;
22                (iv) Class A misdemeanors or felony offenses
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) (blank).
2    (b) Expungement.
3        (1) A petitioner may petition the circuit court to
4    expunge the records of his or her arrests and charges not
5    initiated by arrest when each arrest or charge not
6    initiated by arrest sought to be expunged resulted in: (i)
7    acquittal, dismissal, or the petitioner's release without
8    charging, unless excluded by subsection (a)(3)(B); (ii) a
9    conviction which was vacated or reversed, unless excluded
10    by subsection (a)(3)(B); (iii) an order of supervision and
11    such supervision was successfully completed by the
12    petitioner, unless excluded by subsection (a)(3)(A) or
13    (a)(3)(B); or (iv) an order of qualified probation (as
14    defined in subsection (a)(1)(J)) and such probation was
15    successfully completed by the petitioner.
16        (1.5) When a petitioner seeks to have a record of
17    arrest expunged under this Section, and the offender has
18    been convicted of a criminal offense, the State's Attorney
19    may object to the expungement on the grounds that the
20    records contain specific relevant information aside from
21    the mere fact of the arrest.
22        (2) Time frame for filing a petition to expunge.
23            (A) When the arrest or charge not initiated by
24        arrest sought to be expunged resulted in an acquittal,
25        dismissal, the petitioner's release without charging,
26        or the reversal or vacation of a conviction, there is

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        excluded by subsection (a)(3)(B);
2            (C) Arrests or charges not initiated by arrest
3        resulting in orders of supervision, including orders
4        of supervision for municipal ordinance violations,
5        successfully completed by the petitioner, unless
6        excluded by subsection (a)(3);
7            (D) Arrests or charges not initiated by arrest
8        resulting in convictions, including convictions on
9        municipal ordinance violations, unless excluded by
10        subsection (a)(3);
11            (E) Arrests or charges not initiated by arrest
12        resulting in orders of first offender probation under
13        Section 10 of the Cannabis Control Act, Section 410 of
14        the Illinois Controlled Substances Act, Section 70 of
15        the Methamphetamine Control and Community Protection
16        Act, or Section 5-6-3.3 of the Unified Code of
17        Corrections; and
18            (F) Arrests or charges not initiated by arrest
19        resulting in felony convictions unless otherwise
20        excluded by subsection (a) paragraph (3) of this
21        Section.
22        (3) When Records Are Eligible to Be Sealed. Records
23    identified as eligible under subsection (c)(2) may be
24    sealed as follows:
25            (A) Records identified as eligible under
26        subsection (c)(2)(A) and (c)(2)(B) may be sealed at

 

 

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1        any time.
2            (B) Except as otherwise provided in subparagraph
3        (E) of this paragraph (3), records identified as
4        eligible under subsection (c)(2)(C) may be sealed 2
5        years after the termination of petitioner's last
6        sentence (as defined in subsection (a)(1)(F)).
7            (C) Except as otherwise provided in subparagraph
8        (E) of this paragraph (3), records identified as
9        eligible under subsections (c)(2)(D), (c)(2)(E), and
10        (c)(2)(F) may be sealed 3 years after the termination
11        of the petitioner's last sentence (as defined in
12        subsection (a)(1)(F)). Convictions requiring public
13        registration under the Arsonist Registration Act, the
14        Sex Offender Registration Act, or the Murderer and
15        Violent Offender Against Youth Registration Act may
16        not be sealed until the petitioner is no longer
17        required to register under that relevant Act.
18            (D) Records identified in subsection
19        (a)(3)(A)(iii) may be sealed after the petitioner has
20        reached the age of 25 years.
21            (E) Records identified as eligible under
22        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
23        (c)(2)(F) may be sealed upon termination of the
24        petitioner's last sentence if the petitioner earned a
25        high school diploma, associate's degree, career
26        certificate, vocational technical certification, or

 

 

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

 

 

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1under subsections (c) and (e-5):
2        (1) Filing the petition. Upon becoming eligible to
3    petition for the expungement or sealing of records under
4    this Section, the petitioner shall file a petition
5    requesting the expungement or sealing of records with the
6    clerk of the court where the arrests occurred or the
7    charges were brought, or both. If arrests occurred or
8    charges were brought in multiple jurisdictions, a petition
9    must be filed in each such jurisdiction. The petitioner
10    shall pay the applicable fee, except no fee shall be
11    required if the petitioner has obtained a court order
12    waiving fees under Supreme Court Rule 298 or it is
13    otherwise waived.
14        (1.5) County fee waiver pilot program. From August 9,
15    2019 (the effective date of Public Act 101-306) through
16    December 31, 2020, in a county of 3,000,000 or more
17    inhabitants, no fee shall be required to be paid by a
18    petitioner if the records sought to be expunged or sealed
19    were arrests resulting in release without charging or
20    arrests or charges not initiated by arrest resulting in
21    acquittal, dismissal, or conviction when the conviction
22    was reversed or vacated, unless excluded by subsection
23    (a)(3)(B). The provisions of this paragraph (1.5), other
24    than this sentence, are inoperative on and after January
25    1, 2022.
26        (2) Contents of petition. The petition shall be

 

 

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1    verified and shall contain the petitioner's name, date of
2    birth, current address and, for each arrest or charge not
3    initiated by arrest sought to be sealed or expunged, the
4    case number, the date of arrest (if any), the identity of
5    the arresting authority, and such other information as the
6    court may require. During the pendency of the proceeding,
7    the petitioner shall promptly notify the circuit court
8    clerk of any change of his or her address. If the
9    petitioner has received a certificate of eligibility for
10    sealing from the Prisoner Review Board under paragraph
11    (10) of subsection (a) of Section 3-3-2 of the Unified
12    Code of Corrections, the certificate shall be attached to
13    the petition.
14        (3) Drug test. Except as otherwise provided in
15    paragraph (3.5) of this subsection, the The petitioner
16    must attach to the petition proof that the petitioner has
17    passed a test taken within 30 days before the filing of the
18    petition showing the absence within his or her body of all
19    illegal substances as defined by the Illinois Controlled
20    Substances Act, the Methamphetamine Control and Community
21    Protection Act, and the Cannabis Control Act if he or she
22    is petitioning to:
23            (A) seal felony records under clause (c)(2)(E);
24            (B) seal felony records for a violation of the
25        Illinois Controlled Substances Act, the
26        Methamphetamine Control and Community Protection Act,

 

 

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1        or the Cannabis Control Act under clause (c)(2)(F);
2            (C) seal felony records under subsection (e-5); or
3            (D) expunge felony records of a qualified
4        probation under clause (b)(1)(iv).
5        (3.5) Notwithstanding a positive test for the presence
6    of cannabis within the petitioner's body from a drug test
7    taken within 30 days before the filing of the petition for
8    expungement or sealing or the failure of the petitioner to
9    take such test, the petitioner may petition for the
10    sealing or expungement of his or her felony records for a
11    violation of the Illinois Controlled Substances Act, the
12    Methamphetamine Control and Community Protection Act, or
13    the Cannabis Control Act or felony records of a qualified
14    probation under clause (b)(1)(iv) for a felony drug
15    offense. In this paragraph (3.5):
16            "Cannabis" has the meaning ascribed to it in
17        Section 3 of the Cannabis Control Act.
18            "Felony drug offense" means any felony violation
19        of the Cannabis Control Act, the Illinois Controlled
20        Substances Act, or the Methamphetamine Control and
21        Community Protection Act.
22        (4) Service of petition. The circuit court clerk shall
23    promptly serve a copy of the petition and documentation to
24    support the petition under subsection (e-5) or (e-6) on
25    the State's Attorney or prosecutor charged with the duty
26    of prosecuting the offense, the Illinois Department of

 

 

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

 

 

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1        to the petition to expunge or seal within 60 days from
2        the date of service of the petition, the court shall
3        enter an order granting or denying the petition.
4            (C) Notwithstanding any other provision of law,
5        the court shall not deny a petition for sealing under
6        this Section because the petitioner has not satisfied
7        an outstanding legal financial obligation established,
8        imposed, or originated by a court, law enforcement
9        agency, or a municipal, State, county, or other unit
10        of local government, including, but not limited to,
11        any cost, assessment, fine, or fee. An outstanding
12        legal financial obligation does not include any court
13        ordered restitution to a victim under Section 5-5-6 of
14        the Unified Code of Corrections, unless the
15        restitution has been converted to a civil judgment.
16        Nothing in this subparagraph (C) waives, rescinds, or
17        abrogates a legal financial obligation or otherwise
18        eliminates or affects the right of the holder of any
19        financial obligation to pursue collection under
20        applicable federal, State, or local law.
21        (7) Hearings. If an objection is filed, the court
22    shall set a date for a hearing and notify the petitioner
23    and all parties entitled to notice of the petition of the
24    hearing date at least 30 days prior to the hearing. Prior
25    to the hearing, the State's Attorney shall consult with
26    the Illinois State Police Department as to the

 

 

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1    appropriateness of the relief sought in the petition to
2    expunge or seal. At the hearing, the court shall hear
3    evidence on whether the petition should or should not be
4    granted, and shall grant or deny the petition to expunge
5    or seal the records based on the evidence presented at the
6    hearing. The court may consider the following:
7            (A) the strength of the evidence supporting the
8        defendant's conviction;
9            (B) the reasons for retention of the conviction
10        records by the State;
11            (C) the petitioner's age, criminal record history,
12        and employment history;
13            (D) the period of time between the petitioner's
14        arrest on the charge resulting in the conviction and
15        the filing of the petition under this Section; and
16            (E) the specific adverse consequences the
17        petitioner may be subject to if the petition is
18        denied.
19        (8) Service of order. After entering an order to
20    expunge or seal records, the court must provide copies of
21    the order to the Illinois State Police Department, in a
22    form and manner prescribed by the Illinois State Police
23    Department, to the petitioner, to the State's Attorney or
24    prosecutor charged with the duty of prosecuting the
25    offense, to the arresting agency, to the chief legal
26    officer of the unit of local government effecting the

 

 

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1    arrest, and to such other criminal justice agencies as may
2    be ordered by the court.
3        (9) Implementation of order.
4            (A) Upon entry of an order to expunge records
5        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
6        both:
7                (i) the records shall be expunged (as defined
8            in subsection (a)(1)(E)) by the arresting agency,
9            the Illinois State Police Department, and any
10            other agency as ordered by the court, within 60
11            days of the date of service of the order, unless a
12            motion to vacate, modify, or reconsider the order
13            is filed pursuant to paragraph (12) of subsection
14            (d) of this Section;
15                (ii) the records of the circuit court clerk
16            shall be impounded until further order of the
17            court 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            and
24                (iii) in response to an inquiry for expunged
25            records, the court, the Illinois State Police
26            Department, or the agency receiving such inquiry,

 

 

HB4392- 26 -LRB102 21280 RLC 30391 b

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

 

 

HB4392- 27 -LRB102 21280 RLC 30391 b

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

 

 

HB4392- 28 -LRB102 21280 RLC 30391 b

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

 

 

HB4392- 29 -LRB102 21280 RLC 30391 b

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

 

 

HB4392- 30 -LRB102 21280 RLC 30391 b

1        or petition for discretionary appellate review, is
2        pending.
3            (E) Upon motion, the court may order that a sealed
4        judgment or other court record necessary to
5        demonstrate the amount of any legal financial
6        obligation due and owing be made available for the
7        limited purpose of collecting any legal financial
8        obligations owed by the petitioner that were
9        established, imposed, or originated in the criminal
10        proceeding for which those records have been sealed.
11        The records made available under this subparagraph (E)
12        shall not be entered into the official index required
13        to be kept by the circuit court clerk under Section 16
14        of the Clerks of Courts Act and shall be immediately
15        re-impounded upon the collection of the outstanding
16        financial obligations.
17            (F) Notwithstanding any other provision of this
18        Section, a circuit court clerk may access a sealed
19        record for the limited purpose of collecting payment
20        for any legal financial obligations that were
21        established, imposed, or originated in the criminal
22        proceedings for which those records have been sealed.
23        (10) Fees. The Illinois State Police Department may
24    charge the petitioner a fee equivalent to the cost of
25    processing any order to expunge or seal records.
26    Notwithstanding any provision of the Clerks of Courts Act

 

 

HB4392- 31 -LRB102 21280 RLC 30391 b

1    to the contrary, the circuit court clerk may charge a fee
2    equivalent to the cost associated with the sealing or
3    expungement of records by the circuit court clerk. From
4    the total filing fee collected for the petition to seal or
5    expunge, the circuit court clerk shall deposit $10 into
6    the Circuit Court Clerk Operation and Administrative Fund,
7    to be used to offset the costs incurred by the circuit
8    court clerk in performing the additional duties required
9    to serve the petition to seal or expunge on all parties.
10    The circuit court clerk shall collect and remit the
11    Illinois Department of State Police portion of the fee to
12    the State Treasurer and it shall be deposited in the State
13    Police Services Fund. If the record brought under an
14    expungement petition was previously sealed under this
15    Section, the fee for the expungement petition for that
16    same record shall be waived.
17        (11) Final Order. No court order issued under the
18    expungement or sealing provisions of this Section shall
19    become final for purposes of appeal until 30 days after
20    service of the order on the petitioner and all parties
21    entitled to notice of the petition.
22        (12) Motion to Vacate, Modify, or Reconsider. Under
23    Section 2-1203 of the Code of Civil Procedure, the
24    petitioner or any party entitled to notice may file a
25    motion to vacate, modify, or reconsider the order granting
26    or denying the petition to expunge or seal within 60 days

 

 

HB4392- 32 -LRB102 21280 RLC 30391 b

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

 

 

HB4392- 33 -LRB102 21280 RLC 30391 b

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

 

 

HB4392- 34 -LRB102 21280 RLC 30391 b

1to be kept by the circuit court clerk under Section 16 of the
2Clerks of Courts Act in connection with the arrest and
3conviction for the offense for which he or she had been
4pardoned but the order shall not affect any index issued by the
5circuit court clerk before the entry of the order. All records
6sealed by the Illinois State Police Department may be
7disseminated by the Illinois State Police Department only to
8the arresting authority, the State's Attorney, and the court
9upon a later arrest for the same or similar offense or for the
10purpose of sentencing for any subsequent felony. Upon
11conviction for any subsequent offense, the Department of
12Corrections shall have access to all sealed records of the
13Illinois State Police Department pertaining to that
14individual. 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

 

 

HB4392- 35 -LRB102 21280 RLC 30391 b

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

 

 

HB4392- 36 -LRB102 21280 RLC 30391 b

1convicted, any judge of the circuit designated by the Chief
2Judge, or in counties of less than 3,000,000 inhabitants, the
3presiding trial judge at the petitioner's trial, have a court
4order entered expunging the record of arrest from the official
5records of the arresting authority and order that the records
6of the circuit court clerk and the Illinois State Police
7Department be sealed until further order of the court upon
8good cause shown or as otherwise provided herein, and the name
9of the petitioner obliterated from the official index
10requested to be kept by the circuit court clerk under Section
1116 of the Clerks of Courts Act in connection with the arrest
12and conviction for the offense for which he or she had been
13granted the certificate but the order shall not affect any
14index issued by the circuit court clerk before the entry of the
15order. All records sealed by the Illinois State Police
16Department may be disseminated by the Illinois State Police
17Department only as required by this Act or to the arresting
18authority, a law enforcement agency, the State's Attorney, and
19the court upon a later arrest for the same or similar offense
20or for the purpose of sentencing for any subsequent felony.
21Upon conviction for any subsequent offense, the Department of
22Corrections shall have access to all expunged records of the
23Illinois State Police Department pertaining to that
24individual. Upon entry of the order of expungement, the
25circuit court clerk shall promptly mail a copy of the order to
26the person who was granted the certificate of eligibility for

 

 

HB4392- 37 -LRB102 21280 RLC 30391 b

1expungement.
2    (f) Subject to available funding, the Illinois Department
3of Corrections shall conduct a study of the impact of sealing,
4especially on employment and recidivism rates, utilizing a
5random sample of those who apply for the sealing of their
6criminal records under Public Act 93-211. At the request of
7the Illinois Department of Corrections, records of the
8Illinois Department of Employment Security shall be utilized
9as appropriate to assist in the study. The study shall not
10disclose any data in a manner that would allow the
11identification of any particular individual or employing unit.
12The study shall be made available to the General Assembly no
13later than September 1, 2010.
14    (g) Immediate Sealing.
15        (1) Applicability. Notwithstanding any other provision
16    of this Act to the contrary, and cumulative with any
17    rights to expungement or sealing of criminal records, this
18    subsection authorizes the immediate sealing of criminal
19    records of adults and of minors prosecuted as adults.
20        (2) Eligible Records. Arrests or charges not initiated
21    by arrest resulting in acquittal or dismissal with
22    prejudice, except as excluded by subsection (a)(3)(B),
23    that occur on or after January 1, 2018 (the effective date
24    of Public Act 100-282), may be sealed immediately if the
25    petition is filed with the circuit court clerk on the same
26    day and during the same hearing in which the case is

 

 

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1    disposed.
2        (3) When Records are Eligible to be Immediately
3    Sealed. Eligible records under paragraph (2) of this
4    subsection (g) may be sealed immediately after entry of
5    the final disposition of a case, notwithstanding the
6    disposition of other charges in the same case.
7        (4) Notice of Eligibility for Immediate Sealing. Upon
8    entry of a disposition for an eligible record under this
9    subsection (g), the defendant shall be informed by the
10    court of his or her right to have eligible records
11    immediately sealed and the procedure for the immediate
12    sealing of these records.
13        (5) Procedure. The following procedures apply to
14    immediate sealing under this subsection (g).
15            (A) Filing the Petition. Upon entry of the final
16        disposition of the case, the defendant's attorney may
17        immediately petition the court, on behalf of the
18        defendant, for immediate sealing of eligible records
19        under paragraph (2) of this subsection (g) that are
20        entered on or after January 1, 2018 (the effective
21        date of Public Act 100-282). The immediate sealing
22        petition may be filed with the circuit court clerk
23        during the hearing in which the final disposition of
24        the case is entered. If the defendant's attorney does
25        not file the petition for immediate sealing during the
26        hearing, the defendant may file a petition for sealing

 

 

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1        at any time as authorized under subsection (c)(3)(A).
2            (B) Contents of Petition. The immediate sealing
3        petition shall be verified and shall contain the
4        petitioner's name, date of birth, current address, and
5        for each eligible record, the case number, the date of
6        arrest if applicable, the identity of the arresting
7        authority if applicable, and other information as the
8        court may require.
9            (C) Drug Test. The petitioner shall not be
10        required to attach proof that he or she has passed a
11        drug test.
12            (D) Service of Petition. A copy of the petition
13        shall be served on the State's Attorney in open court.
14        The petitioner shall not be required to serve a copy of
15        the petition on any other agency.
16            (E) Entry of Order. The presiding trial judge
17        shall enter an order granting or denying the petition
18        for immediate sealing during the hearing in which it
19        is filed. Petitions for immediate sealing shall be
20        ruled on in the same hearing in which the final
21        disposition of the case is entered.
22            (F) Hearings. The court shall hear the petition
23        for immediate sealing on the same day and during the
24        same hearing in which the disposition is rendered.
25            (G) Service of Order. An order to immediately seal
26        eligible records shall be served in conformance with

 

 

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1        subsection (d)(8).
2            (H) Implementation of Order. An order to
3        immediately seal records shall be implemented in
4        conformance with subsections (d)(9)(C) and (d)(9)(D).
5            (I) Fees. The fee imposed by the circuit court
6        clerk and the Illinois Department of State Police
7        shall comply with paragraph (1) of subsection (d) of
8        this Section.
9            (J) Final Order. No court order issued under this
10        subsection (g) shall become final for purposes of
11        appeal until 30 days after service of the order on the
12        petitioner and all parties entitled to service of the
13        order in conformance with subsection (d)(8).
14            (K) Motion to Vacate, Modify, or Reconsider. Under
15        Section 2-1203 of the Code of Civil Procedure, the
16        petitioner, State's Attorney, or the Illinois
17        Department of State Police may file a motion to
18        vacate, modify, or reconsider the order denying the
19        petition to immediately seal within 60 days of service
20        of the order. If filed more than 60 days after service
21        of the order, a petition to vacate, modify, or
22        reconsider shall comply with subsection (c) of Section
23        2-1401 of the Code of Civil Procedure.
24            (L) Effect of Order. An order granting an
25        immediate sealing petition shall not be considered
26        void because it fails to comply with the provisions of

 

 

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1        this Section or because of an error asserted in a
2        motion to vacate, modify, or reconsider. The circuit
3        court retains jurisdiction to determine whether the
4        order is voidable, and to vacate, modify, or
5        reconsider its terms based on a motion filed under
6        subparagraph (L) of this subsection (g).
7            (M) Compliance with Order Granting Petition to
8        Seal Records. Unless a court has entered a stay of an
9        order granting a petition to immediately seal, all
10        parties entitled to service of the order must fully
11        comply with the terms of the order within 60 days of
12        service of the order.
13    (h) Sealing; trafficking victims.
14        (1) A trafficking victim as defined by paragraph (10)
15    of subsection (a) of Section 10-9 of the Criminal Code of
16    2012 shall be eligible to petition for immediate sealing
17    of his or her criminal record upon the completion of his or
18    her last sentence if his or her participation in the
19    underlying offense was a direct result of human
20    trafficking under Section 10-9 of the Criminal Code of
21    2012 or a severe form of trafficking under the federal
22    Trafficking Victims Protection Act.
23        (2) A petitioner under this subsection (h), in
24    addition to the requirements provided under paragraph (4)
25    of subsection (d) of this Section, shall include in his or
26    her petition a clear and concise statement that: (A) he or

 

 

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1    she was a victim of human trafficking at the time of the
2    offense; and (B) that his or her participation in the
3    offense was a direct result of human trafficking under
4    Section 10-9 of the Criminal Code of 2012 or a severe form
5    of trafficking under the federal Trafficking Victims
6    Protection Act.
7        (3) If an objection is filed alleging that the
8    petitioner is not entitled to immediate sealing under this
9    subsection (h), the court shall conduct a hearing under
10    paragraph (7) of subsection (d) of this Section and the
11    court shall determine whether the petitioner is entitled
12    to immediate sealing under this subsection (h). A
13    petitioner is eligible for immediate relief under this
14    subsection (h) if he or she shows, by a preponderance of
15    the evidence, that: (A) he or she was a victim of human
16    trafficking at the time of the offense; and (B) that his or
17    her participation in the offense was a direct result of
18    human trafficking under Section 10-9 of the Criminal Code
19    of 2012 or a severe form of trafficking under the federal
20    Trafficking Victims Protection Act.
21    (i) Minor Cannabis Offenses under the Cannabis Control
22Act.
23        (1) Expungement of Arrest Records of Minor Cannabis
24    Offenses.
25            (A) The Illinois Department of State Police and
26        all law enforcement agencies within the State shall

 

 

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1        automatically expunge all criminal history records of
2        an arrest, charge not initiated by arrest, order of
3        supervision, or order of qualified probation for a
4        Minor Cannabis Offense committed prior to June 25,
5        2019 (the effective date of Public Act 101-27) if:
6                (i) One year or more has elapsed since the
7            date of the arrest or law enforcement interaction
8            documented in the records; and
9                (ii) No criminal charges were filed relating
10            to the arrest or law enforcement interaction or
11            criminal charges were filed and subsequently
12            dismissed or vacated or the arrestee was
13            acquitted.
14            (B) If the law enforcement agency is unable to
15        verify satisfaction of condition (ii) in paragraph
16        (A), records that satisfy condition (i) in paragraph
17        (A) shall be automatically expunged.
18            (C) Records shall be expunged by the law
19        enforcement agency under the following timelines:
20                (i) Records created prior to June 25, 2019
21            (the effective date of Public Act 101-27), but on
22            or after January 1, 2013, shall be automatically
23            expunged prior to January 1, 2021;
24                (ii) Records created prior to January 1, 2013,
25            but on or after January 1, 2000, shall be
26            automatically expunged prior to January 1, 2023;

 

 

HB4392- 44 -LRB102 21280 RLC 30391 b

1                (iii) Records created prior to January 1, 2000
2            shall be automatically expunged prior to January
3            1, 2025.
4            In response to an inquiry for expunged records,
5        the law enforcement agency receiving such inquiry
6        shall reply as it does in response to inquiries when no
7        records ever existed; however, it shall provide a
8        certificate of disposition or confirmation that the
9        record was expunged to the individual whose record was
10        expunged if such a record exists.
11            (D) Nothing in this Section shall be construed to
12        restrict or modify an individual's right to have that
13        individual's records expunged except as otherwise may
14        be provided in this Act, or diminish or abrogate any
15        rights or remedies otherwise available to the
16        individual.
17        (2) Pardons Authorizing Expungement of Minor Cannabis
18    Offenses.
19            (A) Upon June 25, 2019 (the effective date of
20        Public Act 101-27), the Department of State Police
21        shall review all criminal history record information
22        and identify all records that meet all of the
23        following criteria:
24                (i) one or more convictions for a Minor
25            Cannabis Offense;
26                (ii) the conviction identified in paragraph

 

 

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1            (2)(A)(i) did not include a penalty enhancement
2            under Section 7 of the Cannabis Control Act; and
3                (iii) the conviction identified in paragraph
4            (2)(A)(i) is not associated with a conviction for
5            a violent crime as defined in subsection (c) of
6            Section 3 of the Rights of Crime Victims and
7            Witnesses Act.
8            (B) Within 180 days after June 25, 2019 (the
9        effective date of Public Act 101-27), the Department
10        of State Police shall notify the Prisoner Review Board
11        of all such records that meet the criteria established
12        in paragraph (2)(A).
13                (i) The Prisoner Review Board shall notify the
14            State's Attorney of the county of conviction of
15            each record identified by State Police in
16            paragraph (2)(A) that is classified as a Class 4
17            felony. The State's Attorney may provide a written
18            objection to the Prisoner Review Board on the sole
19            basis that the record identified does not meet the
20            criteria established in paragraph (2)(A). Such an
21            objection must be filed within 60 days or by such
22            later date set by the Prisoner Review Board in the
23            notice after the State's Attorney received notice
24            from the Prisoner Review Board.
25                (ii) In response to a written objection from a
26            State's Attorney, the Prisoner Review Board is

 

 

HB4392- 46 -LRB102 21280 RLC 30391 b

1            authorized to conduct a non-public hearing to
2            evaluate the information provided in the
3            objection.
4                (iii) The Prisoner Review Board shall make a
5            confidential and privileged recommendation to the
6            Governor as to whether to grant a pardon
7            authorizing expungement for each of the records
8            identified by the Department of State Police as
9            described in paragraph (2)(A).
10            (C) If an individual has been granted a pardon
11        authorizing expungement as described in this Section,
12        the Prisoner Review Board, through the Attorney
13        General, shall file a petition for expungement with
14        the Chief Judge of the circuit or any judge of the
15        circuit designated by the Chief Judge where the
16        individual had been convicted. Such petition may
17        include more than one individual. Whenever an
18        individual who has been convicted of an offense is
19        granted a pardon by the Governor that specifically
20        authorizes expungement, an objection to the petition
21        may not be filed. Petitions to expunge under this
22        subsection (i) may include more than one individual.
23        Within 90 days of the filing of such a petition, the
24        court shall enter an order expunging the records of
25        arrest from the official records of the arresting
26        authority and order that the records of the circuit

 

 

HB4392- 47 -LRB102 21280 RLC 30391 b

1        court clerk and the Illinois Department of State
2        Police be expunged and the name of the defendant
3        obliterated from the official index requested to be
4        kept by the circuit court clerk under Section 16 of the
5        Clerks of Courts Act in connection with the arrest and
6        conviction for the offense for which the individual
7        had received a pardon but the order shall not affect
8        any index issued by the circuit court clerk before the
9        entry of the order. Upon entry of the order of
10        expungement, the circuit court clerk shall promptly
11        provide a copy of the order and a certificate of
12        disposition to the individual who was pardoned to the
13        individual's last known address or by electronic means
14        (if available) or otherwise make it available to the
15        individual upon request.
16            (D) Nothing in this Section is intended to
17        diminish or abrogate any rights or remedies otherwise
18        available to the individual.
19        (3) Any individual may file a motion to vacate and
20    expunge a conviction for a misdemeanor or Class 4 felony
21    violation of Section 4 or Section 5 of the Cannabis
22    Control Act. Motions to vacate and expunge under this
23    subsection (i) may be filed with the circuit court, Chief
24    Judge of a judicial circuit or any judge of the circuit
25    designated by the Chief Judge. The circuit court clerk
26    shall promptly serve a copy of the motion to vacate and

 

 

HB4392- 48 -LRB102 21280 RLC 30391 b

1    expunge, and any supporting documentation, on the State's
2    Attorney or prosecutor charged with the duty of
3    prosecuting the offense. When considering such a motion to
4    vacate and expunge, a court shall consider the following:
5    the reasons to retain the records provided by law
6    enforcement, the petitioner's age, the petitioner's age at
7    the time of offense, the time since the conviction, and
8    the specific adverse consequences if denied. An individual
9    may file such a petition after the completion of any
10    non-financial sentence or non-financial condition imposed
11    by the conviction. Within 60 days of the filing of such
12    motion, a State's Attorney may file an objection to such a
13    petition along with supporting evidence. If a motion to
14    vacate and expunge is granted, the records shall be
15    expunged in accordance with subparagraphs (d)(8) and
16    (d)(9)(A) of this Section. An agency providing civil legal
17    aid, as defined by Section 15 of the Public Interest
18    Attorney Assistance Act, assisting individuals seeking to
19    file a motion to vacate and expunge under this subsection
20    may file motions to vacate and expunge with the Chief
21    Judge of a judicial circuit or any judge of the circuit
22    designated by the Chief Judge, and the motion may include
23    more than one individual. Motions filed by an agency
24    providing civil legal aid concerning more than one
25    individual may be prepared, presented, and signed
26    electronically.

 

 

HB4392- 49 -LRB102 21280 RLC 30391 b

1        (4) Any State's Attorney may file a motion to vacate
2    and expunge a conviction for a misdemeanor or Class 4
3    felony violation of Section 4 or Section 5 of the Cannabis
4    Control Act. Motions to vacate and expunge under this
5    subsection (i) may be filed with the circuit court, Chief
6    Judge of a judicial circuit or any judge of the circuit
7    designated by the Chief Judge, and may include more than
8    one individual. Motions filed by a State's Attorney
9    concerning more than one individual may be prepared,
10    presented, and signed electronically. When considering
11    such a motion to vacate and expunge, a court shall
12    consider the following: the reasons to retain the records
13    provided by law enforcement, the individual's age, the
14    individual's age at the time of offense, the time since
15    the conviction, and the specific adverse consequences if
16    denied. Upon entry of an order granting a motion to vacate
17    and expunge records pursuant to this Section, the State's
18    Attorney shall notify the Prisoner Review Board within 30
19    days. Upon entry of the order of expungement, the circuit
20    court clerk shall promptly provide a copy of the order and
21    a certificate of disposition to the individual whose
22    records will be expunged to the individual's last known
23    address or by electronic means (if available) or otherwise
24    make available to the individual upon request. If a motion
25    to vacate and expunge is granted, the records shall be
26    expunged in accordance with subparagraphs (d)(8) and

 

 

HB4392- 50 -LRB102 21280 RLC 30391 b

1    (d)(9)(A) of this Section.
2        (5) In the public interest, the State's Attorney of a
3    county has standing to file motions to vacate and expunge
4    pursuant to this Section in the circuit court with
5    jurisdiction over the underlying conviction.
6        (6) If a person is arrested for a Minor Cannabis
7    Offense as defined in this Section before June 25, 2019
8    (the effective date of Public Act 101-27) and the person's
9    case is still pending but a sentence has not been imposed,
10    the person may petition the court in which the charges are
11    pending for an order to summarily dismiss those charges
12    against him or her, and expunge all official records of
13    his or her arrest, plea, trial, conviction, incarceration,
14    supervision, or expungement. If the court determines, upon
15    review, that: (A) the person was arrested before June 25,
16    2019 (the effective date of Public Act 101-27) for an
17    offense that has been made eligible for expungement; (B)
18    the case is pending at the time; and (C) the person has not
19    been sentenced of the minor cannabis violation eligible
20    for expungement under this subsection, the court shall
21    consider the following: the reasons to retain the records
22    provided by law enforcement, the petitioner's age, the
23    petitioner's age at the time of offense, the time since
24    the conviction, and the specific adverse consequences if
25    denied. If a motion to dismiss and expunge is granted, the
26    records shall be expunged in accordance with subparagraph

 

 

HB4392- 51 -LRB102 21280 RLC 30391 b

1    (d)(9)(A) of this Section.
2        (7) A person imprisoned solely as a result of one or
3    more convictions for Minor Cannabis Offenses under this
4    subsection (i) shall be released from incarceration upon
5    the issuance of an order under this subsection.
6        (8) The Illinois Department of State Police shall
7    allow a person to use the access and review process,
8    established in the Illinois Department of State Police,
9    for verifying that his or her records relating to Minor
10    Cannabis Offenses of the Cannabis Control Act eligible
11    under this Section have been expunged.
12        (9) No conviction vacated pursuant to this Section
13    shall serve as the basis for damages for time unjustly
14    served as provided in the Court of Claims Act.
15        (10) Effect of Expungement. A person's right to
16    expunge an expungeable offense shall not be limited under
17    this Section. The effect of an order of expungement shall
18    be to restore the person to the status he or she occupied
19    before the arrest, charge, or conviction.
20        (11) Information. The Illinois Department of State
21    Police shall post general information on its website about
22    the expungement process described in this subsection (i).
23    (j) Felony Prostitution Convictions.
24        (1) Any individual may file a motion to vacate and
25    expunge a conviction for a prior Class 4 felony violation
26    of prostitution. Motions to vacate and expunge under this

 

 

HB4392- 52 -LRB102 21280 RLC 30391 b

1    subsection (j) may be filed with the circuit court, Chief
2    Judge of a judicial circuit, or any judge of the circuit
3    designated by the Chief Judge. When considering the motion
4    to vacate and expunge, a court shall consider the
5    following:
6            (A) the reasons to retain the records provided by
7        law enforcement;
8            (B) the petitioner's age;
9            (C) the petitioner's age at the time of offense;
10        and
11            (D) the time since the conviction, and the
12        specific adverse consequences if denied. An individual
13        may file the petition after the completion of any
14        sentence or condition imposed by the conviction.
15        Within 60 days of the filing of the motion, a State's
16        Attorney may file an objection to the petition along
17        with supporting evidence. If a motion to vacate and
18        expunge is granted, the records shall be expunged in
19        accordance with subparagraph (d)(9)(A) of this
20        Section. An agency providing civil legal aid, as
21        defined in Section 15 of the Public Interest Attorney
22        Assistance Act, assisting individuals seeking to file
23        a motion to vacate and expunge under this subsection
24        may file motions to vacate and expunge with the Chief
25        Judge of a judicial circuit or any judge of the circuit
26        designated by the Chief Judge, and the motion may

 

 

HB4392- 53 -LRB102 21280 RLC 30391 b

1        include more than one individual.
2        (2) Any State's Attorney may file a motion to vacate
3    and expunge a conviction for a Class 4 felony violation of
4    prostitution. Motions to vacate and expunge under this
5    subsection (j) may be filed with the circuit court, Chief
6    Judge of a judicial circuit, or any judge of the circuit
7    court designated by the Chief Judge, and may include more
8    than one individual. When considering the motion to vacate
9    and expunge, a court shall consider the following reasons:
10            (A) the reasons to retain the records provided by
11        law enforcement;
12            (B) the petitioner's age;
13            (C) the petitioner's age at the time of offense;
14            (D) the time since the conviction; and
15            (E) the specific adverse consequences if denied.
16        If the State's Attorney files a motion to vacate and
17    expunge records for felony prostitution convictions
18    pursuant to this Section, the State's Attorney shall
19    notify the Prisoner Review Board within 30 days of the
20    filing. If a motion to vacate and expunge is granted, the
21    records shall be expunged in accordance with subparagraph
22    (d)(9)(A) of this Section.
23        (3) In the public interest, the State's Attorney of a
24    county has standing to file motions to vacate and expunge
25    pursuant to this Section in the circuit court with
26    jurisdiction over the underlying conviction.

 

 

HB4392- 54 -LRB102 21280 RLC 30391 b

1        (4) The Illinois State Police shall allow a person to
2    a use the access and review process, established in the
3    Illinois State Police, for verifying that his or her
4    records relating to felony prostitution eligible under
5    this Section have been expunged.
6        (5) No conviction vacated pursuant to this Section
7    shall serve as the basis for damages for time unjustly
8    served as provided in the Court of Claims Act.
9        (6) Effect of Expungement. A person's right to expunge
10    an expungeable offense shall not be limited under this
11    Section. The effect of an order of expungement shall be to
12    restore the person to the status he or she occupied before
13    the arrest, charge, or conviction.
14        (7) Information. The Illinois State Police shall post
15    general information on its website about the expungement
16    process described in this subsection (j).
17(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
18101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1912-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
20102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)