HB5023 EngrossedLRB103 37573 JRC 67699 b

1    AN ACT concerning civil law.
 
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:
15                Business Offense, Section 5-1-2.
16                Charge, Section 5-1-3.
17                Court, Section 5-1-6.
18                Defendant, Section 5-1-7.
19                Felony, Section 5-1-9.
20                Imprisonment, Section 5-1-10.
21                Judgment, Section 5-1-12.
22                Misdemeanor, Section 5-1-14.
23                Offense, Section 5-1-15.

 

 

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1                Parole, Section 5-1-16.
2                Petty Offense, Section 5-1-17.
3                Probation, Section 5-1-18.
4                Sentence, Section 5-1-19.
5                Supervision, Section 5-1-21.
6                Victim, Section 5-1-22.
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by Section 5-1-3
9        of the Unified Code of Corrections) brought against a
10        defendant where the defendant is not arrested prior to
11        or as a direct 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
15        by a legally constituted jury or by a court of
16        competent jurisdiction authorized to try the case
17        without a jury. An order of supervision successfully
18        completed by the petitioner is not a conviction. An
19        order of qualified probation (as defined in subsection
20        (a)(1)(J)) successfully completed by the petitioner is
21        not a conviction. An order of supervision or an order
22        of 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                (i) has the same meaning as in paragraph (5)
17            of subsection (b) of Section 5 of the Court Record
18            and Document Accessibility Act for circuit court
19            clerks. Nothing in this Act or the Court Record
20            and Document Accessibility Act shall require the
21            physical destruction of the circuit court clerk
22            file. The petitioner's name shall be obliterated
23            from the official index required to be kept by the
24            circuit court clerk under Section 16 of the Clerks
25            of Courts Act, but the order shall not affect any
26            index issued by the circuit court clerk before the

 

 

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1            entry of the order to expunge; or
2                (ii) means to physically destroy the records
3            or return them to the petitioner and to obliterate
4            the petitioner's name from any official index or
5            public record, or both for the arresting agency,
6            the Illinois State Police, and any other agency as
7            so ordered by the court not covered in subsection
8            (a)(1)(E)(i).
9            (F) As used in this Section, "last sentence" means
10        the sentence, order of supervision, or order of
11        qualified probation (as defined by subsection
12        (a)(1)(J)), for a criminal offense (as defined by
13        subsection (a)(1)(D)) that terminates last in time in
14        any jurisdiction, regardless of whether the petitioner
15        has included the criminal offense for which the
16        sentence or order of supervision or qualified
17        probation was imposed in his or her petition. If
18        multiple sentences, orders of supervision, or orders
19        of qualified probation terminate on the same day and
20        are last in time, they shall be collectively
21        considered the "last sentence" regardless of whether
22        they were ordered to run concurrently.
23            (G) "Minor traffic offense" means a petty offense,
24        business offense, or Class C misdemeanor under the
25        Illinois Vehicle Code or a similar provision of a
26        municipal or local ordinance.

 

 

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1            (G-5) "Minor Cannabis Offense" means a violation
2        of Section 4 or 5 of the Cannabis Control Act
3        concerning not more than 30 grams of any substance
4        containing cannabis, provided the violation did not
5        include a penalty enhancement under Section 7 of the
6        Cannabis Control Act and is not associated with an
7        arrest, conviction or other disposition for a violent
8        crime as defined in subsection (c) of Section 3 of the
9        Rights of Crime Victims and Witnesses Act.
10            (H) "Municipal ordinance violation" means an
11        offense defined by a municipal or local ordinance that
12        is criminal in nature and with which the petitioner
13        was charged or for which the petitioner was arrested
14        and released without charging.
15            (I) "Petitioner" means an adult or a minor
16        prosecuted as an adult who has applied for relief
17        under this Section.
18            (J) "Qualified probation" means an order of
19        probation under Section 10 of the Cannabis Control
20        Act, Section 410 of the Illinois Controlled Substances
21        Act, Section 70 of the Methamphetamine Control and
22        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
23        of the Unified Code of Corrections, Section
24        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
25        those provisions existed before their deletion by
26        Public Act 89-313), Section 10-102 of the Illinois

 

 

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1        Alcoholism and Other Drug Dependency Act, Section
2        40-10 of the Substance Use Disorder Act, or Section 10
3        of the Steroid Control Act. For the purpose of this
4        Section, "successful completion" of an order of
5        qualified probation under Section 10-102 of the
6        Illinois Alcoholism and Other Drug Dependency Act and
7        Section 40-10 of the Substance Use Disorder Act means
8        that the probation was terminated satisfactorily and
9        the judgment of conviction was vacated.
10            (K) "Seal": means to physically and electronically
11        maintain the records, unless the records would
12        otherwise be destroyed due to age, but to make the
13        records unavailable without a court order, subject to
14        the exceptions in Sections 12 and 13 of this Act. The
15        petitioner's name shall also be obliterated from the
16        official index required to be kept by the circuit
17        court clerk under Section 16 of the Clerks of Courts
18        Act, but any index issued by the circuit court clerk
19        before the entry of the order to seal shall not be
20        affected.
21                (i) has the same meaning as in paragraph (4)
22            of subsection (b) of Section 5 of the Court Record
23            and Document Accessibility Act for circuit court
24            clerks. The petitioner's name shall also be
25            obliterated from the official index required to be
26            kept by the circuit court clerk under Section 16

 

 

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1            of the Clerks of Courts Act, but any index issued
2            by the circuit court clerk before the entry of the
3            order to seal shall not be affected; or
4                (ii) means to physically and electronically
5            maintain the records, for the arresting agency,
6            the Illinois State Police, and any other agency as
7            so ordered by the court not covered in subsection
8            (a)(1)(K)(i), unless the records would otherwise
9            be destroyed due to age, but to make the records
10            unavailable without a court order, subject to the
11            exceptions in Sections 12 and 13.
12            (L) "Sexual offense committed against a minor"
13        includes, but is not limited to, the offenses of
14        indecent solicitation of a child or criminal sexual
15        abuse when the victim of such offense is under 18 years
16        of age.
17            (M) "Terminate" as it relates to a sentence or
18        order of supervision or qualified probation includes
19        either satisfactory or unsatisfactory termination of
20        the sentence, unless otherwise specified in this
21        Section. A sentence is terminated notwithstanding any
22        outstanding financial legal obligation.
23        (2) Minor Traffic Offenses. Orders of supervision or
24    convictions for minor traffic offenses shall not affect a
25    petitioner's eligibility to expunge or seal records
26    pursuant to this Section.

 

 

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1        (2.5) Commencing 180 days after July 29, 2016 (the
2    effective date of Public Act 99-697), the law enforcement
3    agency issuing the citation shall automatically expunge,
4    on or before January 1 and July 1 of each year, the law
5    enforcement records of a person found to have committed a
6    civil law violation of subsection (a) of Section 4 of the
7    Cannabis Control Act or subsection (c) of Section 3.5 of
8    the Drug Paraphernalia Control Act in the law enforcement
9    agency's possession or control and which contains the
10    final satisfactory disposition which pertain to the person
11    issued a citation for that offense. The law enforcement
12    agency shall provide by rule the process for access,
13    review, and to confirm the automatic expungement by the
14    law enforcement agency issuing the citation. Commencing
15    180 days after July 29, 2016 (the effective date of Public
16    Act 99-697), the clerk of the circuit court shall expunge,
17    upon order of the court, or in the absence of a court order
18    on or before January 1 and July 1 of each year, the court
19    records of a person found in the circuit court to have
20    committed a civil law violation of subsection (a) of
21    Section 4 of the Cannabis Control Act or subsection (c) of
22    Section 3.5 of the Drug Paraphernalia Control Act in the
23    clerk's possession or control and which contains the final
24    satisfactory disposition which pertain to the person
25    issued a citation for any of those offenses.
26        (3) Exclusions. Except as otherwise provided in

 

 

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

 

 

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1            Criminal Code of 1961 or the Criminal Code of 2012
2            or a similar provision of a local ordinance,
3            except Section 11-14 and a misdemeanor violation
4            of Section 11-30 of the Criminal Code of 1961 or
5            the Criminal Code of 2012, or a similar provision
6            of a local ordinance;
7                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
8            26-5, or 48-1 of the Criminal Code of 1961 or the
9            Criminal Code of 2012, or a similar provision of a
10            local ordinance;
11                (iii) Section 12-3.1 or 12-3.2 of the Criminal
12            Code of 1961 or the Criminal Code of 2012, or
13            Section 125 of the Stalking No Contact Order Act,
14            or Section 219 of the Civil No Contact Order Act,
15            or a similar provision of a local ordinance;
16                (iv) Class A misdemeanors or felony offenses
17            under the Humane Care for Animals Act; or
18                (v) any offense or attempted offense that
19            would subject a person to registration under the
20            Sex Offender Registration Act.
21            (D) (blank).
22    (b) Expungement.
23        (1) A petitioner may petition the circuit court to
24    expunge the records of his or her arrests and charges not
25    initiated by arrest when each arrest or charge not
26    initiated by arrest sought to be expunged resulted in: (i)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    with the proceedings of the trial court concerning the
2    offense available for public inspection.
3        (6) If a conviction has been set aside on direct
4    review or on collateral attack and the court determines by
5    clear and convincing evidence that the petitioner was
6    factually innocent of the charge, the court that finds the
7    petitioner factually innocent of the charge shall enter an
8    expungement order for the conviction for which the
9    petitioner has been determined to be innocent as provided
10    in subsection (b) of Section 5-5-4 of the Unified Code of
11    Corrections.
12        (7) Nothing in this Section shall prevent the Illinois
13    State Police from maintaining all records of any person
14    who is admitted to probation upon terms and conditions and
15    who fulfills those terms and conditions pursuant to
16    Section 10 of the Cannabis Control Act, Section 410 of the
17    Illinois Controlled Substances Act, Section 70 of the
18    Methamphetamine Control and Community Protection Act,
19    Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
20    Corrections, Section 12-4.3 or subdivision (b)(1) of
21    Section 12-3.05 of the Criminal Code of 1961 or the
22    Criminal Code of 2012, Section 10-102 of the Illinois
23    Alcoholism and Other Drug Dependency Act, Section 40-10 of
24    the Substance Use Disorder Act, or Section 10 of the
25    Steroid Control Act.
26        (8) If the petitioner has been granted a certificate

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    charges were brought, or both. If arrests occurred or
2    charges were brought in multiple jurisdictions, a petition
3    must be filed in each such jurisdiction. The petitioner
4    shall pay the applicable fee, except no fee shall be
5    required if the petitioner has obtained a court order
6    waiving fees under Supreme Court Rule 298 or it is
7    otherwise waived.
8        (1.5) County fee waiver pilot program. From August 9,
9    2019 (the effective date of Public Act 101-306) through
10    December 31, 2020, in a county of 3,000,000 or more
11    inhabitants, no fee shall be required to be paid by a
12    petitioner if the records sought to be expunged or sealed
13    were arrests resulting in release without charging or
14    arrests or charges not initiated by arrest resulting in
15    acquittal, dismissal, or conviction when the conviction
16    was reversed or vacated, unless excluded by subsection
17    (a)(3)(B). The provisions of this paragraph (1.5), other
18    than this sentence, are inoperative on and after January
19    1, 2022.
20        (2) Contents of petition. The petition shall be
21    verified and shall contain the petitioner's name, date of
22    birth, current address and, for each arrest or charge not
23    initiated by arrest sought to be sealed or expunged, the
24    case number, the date of arrest (if any), the identity of
25    the arresting authority, and such other information as the
26    court may require. During the pendency of the proceeding,

 

 

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

 

 

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1    of prosecuting the offense, the Illinois State Police, the
2    arresting agency and the chief legal officer of the unit
3    of local government effecting the 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 State Police, the arresting agency, or the
26        chief legal officer files an objection to the petition

 

 

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1        to expunge or seal within 60 days from the date of
2        service of the petition, the court shall enter an
3        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            (D) Notwithstanding any other provision of law,
22        the court shall not deny a petition to expunge or seal
23        under this Section because the petitioner has
24        submitted a drug test taken within 30 days before the
25        filing of the petition to expunge or seal that
26        indicates a positive test for the presence of cannabis

 

 

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1        within the petitioner's body. In this subparagraph
2        (D), "cannabis" has the meaning ascribed to it in
3        Section 3 of the Cannabis Control Act.
4        (7) Hearings. If an objection is filed, the court
5    shall set a date for a hearing and notify the petitioner
6    and all parties entitled to notice of the petition of the
7    hearing date at least 30 days prior to the hearing. Prior
8    to the hearing, the State's Attorney shall consult with
9    the Illinois State Police as to the appropriateness of the
10    relief sought in the petition to expunge or seal. At the
11    hearing, the court shall hear evidence on whether the
12    petition should or should not be granted, and shall grant
13    or deny the petition to expunge or seal the records based
14    on the evidence presented at the hearing. The court may
15    consider the following:
16            (A) the strength of the evidence supporting the
17        defendant's conviction;
18            (B) the reasons for retention of the conviction
19        records by the State;
20            (C) the petitioner's age, criminal record history,
21        and employment history;
22            (D) the period of time between the petitioner's
23        arrest on the charge resulting in the conviction and
24        the filing of the petition under this Section; and
25            (E) the specific adverse consequences the
26        petitioner may be subject to if the petition is

 

 

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

 

 

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

 

 

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

 

 

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1        under subsection (e-6):
2                (i) the records shall be expunged (as defined
3            in subsection (a)(1)(E)(ii) (a)(1)(E)) by the
4            arresting agency and any other agency as ordered
5            by the court, within 60 days of the date of service
6            of the order, unless a motion to vacate, modify,
7            or reconsider the order is filed under paragraph
8            (12) of subsection (d) of this Section;
9                (ii) the records of the circuit court clerk
10            shall be expunged (as defined in subsection
11            (a)(1)(E)(i)), impounded until further order of
12            the court upon good cause shown and the name of the
13            petitioner obliterated on the official index
14            required to be kept by the circuit court clerk
15            under Section 16 of the Clerks of Courts Act, but
16            the order shall not affect any index issued by the
17            circuit court clerk before the entry of the order;
18                (iii) the records shall be impounded by the
19            Illinois State Police within 60 days of the date
20            of service of the order as ordered by the court,
21            unless a motion to vacate, modify, or reconsider
22            the order is filed under paragraph (12) of
23            subsection (d) of this Section;
24                (iv) records impounded by the Illinois State
25            Police may be disseminated by the Illinois State
26            Police only as required by law or to the arresting

 

 

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1            authority, the State's Attorney, and the court
2            upon a later arrest for the same or a similar
3            offense or for the purpose of sentencing for any
4            subsequent felony, and to the Department of
5            Corrections upon conviction for any offense; and
6                (v) in response to an inquiry for these
7            records from anyone not authorized by law to
8            access the records, the circuit court clerk court,
9            the Illinois State Police, or the agency receiving
10            the inquiry shall reply as it does in response to
11            inquiries when no records ever existed.
12            (C) Upon entry of an order to seal records under
13        subsection (c), the arresting agency, any other agency
14        as ordered by the court, the Illinois State Police,
15        and the circuit court clerk court shall seal the
16        records (as defined in subsection (a)(1)(K)). In
17        response to an inquiry for such records, from anyone
18        not authorized by law to access such records, the
19        circuit court clerk court, the Illinois State Police,
20        or the agency receiving such inquiry shall reply as it
21        does in response to inquiries when no records ever
22        existed.
23            (D) The Illinois State Police shall send written
24        notice to the petitioner of its compliance with each
25        order to expunge or seal records within 60 days of the
26        date of service of that order or, if a motion to

 

 

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1        vacate, modify, or reconsider is filed, within 60 days
2        of service of the order resolving the motion, if that
3        order requires the Illinois State Police to expunge or
4        seal records. In the event of an appeal from the
5        circuit court order, the Illinois State Police shall
6        send written notice to the petitioner of its
7        compliance with an Appellate Court or Supreme Court
8        judgment to expunge or seal records within 60 days of
9        the issuance of the court's mandate. The notice is not
10        required while any motion to vacate, modify, or
11        reconsider, or any appeal or petition for
12        discretionary appellate review, is pending.
13            (E) Upon motion, the court may order that a sealed
14        judgment or other court record necessary to
15        demonstrate the amount of any legal financial
16        obligation due and owing be made available for the
17        limited purpose of collecting any legal financial
18        obligations owed by the petitioner that were
19        established, imposed, or originated in the criminal
20        proceeding for which those records have been sealed.
21        The records made available under this subparagraph (E)
22        shall not be entered into the official index required
23        to be kept by the circuit court clerk under Section 16
24        of the Clerks of Courts Act and shall be immediately
25        resealed re-impounded upon the collection of the
26        outstanding financial obligations.

 

 

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1            (F) Notwithstanding any other provision of this
2        Section, a circuit court clerk may access a sealed
3        record for the limited purpose of collecting payment
4        for any legal financial obligations that were
5        established, imposed, or originated in the criminal
6        proceedings for which those records have been sealed.
7        (10) Fees. The Illinois State Police may charge the
8    petitioner a fee equivalent to the cost of processing any
9    order to expunge or seal records. Notwithstanding any
10    provision of the Clerks of Courts Act to the contrary, the
11    circuit court clerk may charge a fee equivalent to the
12    cost associated with the sealing or expungement of records
13    by the circuit court clerk. From the total filing fee
14    collected for the petition to seal or expunge, the circuit
15    court clerk shall deposit $10 into the Circuit Court Clerk
16    Operation and Administrative Fund, to be used to offset
17    the costs incurred by the circuit court clerk in
18    performing the additional duties required to serve the
19    petition to seal or expunge on all parties. The circuit
20    court clerk shall collect and remit the Illinois State
21    Police portion of the fee to the State Treasurer and it
22    shall be deposited in the State Police Services Fund. If
23    the record brought under an expungement petition was
24    previously sealed under this Section, the fee for the
25    expungement petition for that same record shall be waived.
26        (11) Final Order. No court order issued under the

 

 

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1    expungement or sealing provisions of this Section shall
2    become final for purposes of appeal until 30 days after
3    service of the order on the petitioner and all parties
4    entitled to notice of the petition.
5        (12) Motion to Vacate, Modify, or Reconsider. Under
6    Section 2-1203 of the Code of Civil Procedure, the
7    petitioner or any party entitled to notice may file a
8    motion to vacate, modify, or reconsider the order granting
9    or denying the petition to expunge or seal within 60 days
10    of service of the order. If filed more than 60 days after
11    service of the order, a petition to vacate, modify, or
12    reconsider shall comply with subsection (c) of Section
13    2-1401 of the Code of Civil Procedure. Upon filing of a
14    motion to vacate, modify, or reconsider, notice of the
15    motion shall be served upon the petitioner and all parties
16    entitled to notice of the petition.
17        (13) Effect of Order. An order granting a petition
18    under the expungement or sealing provisions of this
19    Section shall not be considered void because it fails to
20    comply with the provisions of this Section or because of
21    any error asserted in a motion to vacate, modify, or
22    reconsider. The circuit court retains jurisdiction to
23    determine whether the order is voidable and to vacate,
24    modify, or reconsider its terms based on a motion filed
25    under paragraph (12) of this subsection (d).
26        (14) Compliance with Order Granting Petition to Seal

 

 

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1    Records. Unless a court has entered a stay of an order
2    granting a petition to seal, all parties entitled to
3    notice of the petition must fully comply with the terms of
4    the order within 60 days of service of the order even if a
5    party is seeking relief from the order through a motion
6    filed under paragraph (12) of this subsection (d) or is
7    appealing the order.
8        (15) Compliance with Order Granting Petition to
9    Expunge Records. While a party is seeking relief from the
10    order granting the petition to expunge through a motion
11    filed under paragraph (12) of this subsection (d) or is
12    appealing the order, and unless a court has entered a stay
13    of that order, the parties entitled to notice of the
14    petition must seal, but need not expunge, the records
15    until there is a final order on the motion for relief or,
16    in the case of an appeal, the issuance of that court's
17    mandate.
18        (16) The changes to this subsection (d) made by Public
19    Act 98-163 apply to all petitions pending on August 5,
20    2013 (the effective date of Public Act 98-163) and to all
21    orders ruling on a petition to expunge or seal on or after
22    August 5, 2013 (the effective date of Public Act 98-163).
23    (e) Whenever a person who has been convicted of an offense
24is granted a pardon by the Governor which specifically
25authorizes expungement, he or she may, upon verified petition
26to the Chief Judge of the circuit where the person had been

 

 

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

 

 

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

 

 

HB5023 Engrossed- 36 -LRB103 37573 JRC 67699 b

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

 

 

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1arrest for the same or similar offense or for the purpose of
2sentencing for any subsequent felony. Upon conviction for any
3subsequent offense, the Department of Corrections shall have
4access to all expunged records of the Illinois State Police
5pertaining to that individual. Upon entry of the order of
6expungement, the circuit court clerk shall promptly mail a
7copy of the order to the person who was granted the certificate
8of eligibility for expungement.
9    (f) Subject to available funding, the Illinois Department
10of Corrections shall conduct a study of the impact of sealing,
11especially on employment and recidivism rates, utilizing a
12random sample of those who apply for the sealing of their
13criminal records under Public Act 93-211. At the request of
14the Illinois Department of Corrections, records of the
15Illinois Department of Employment Security shall be utilized
16as appropriate to assist in the study. The study shall not
17disclose any data in a manner that would allow the
18identification of any particular individual or employing unit.
19The study shall be made available to the General Assembly no
20later than September 1, 2010.
21    (g) Immediate Sealing.
22        (1) Applicability. Notwithstanding any other provision
23    of this Act to the contrary, and cumulative with any
24    rights to expungement or sealing of criminal records, this
25    subsection authorizes the immediate sealing of criminal
26    records of adults and of minors prosecuted as adults.

 

 

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

 

 

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1        entered on or after January 1, 2018 (the effective
2        date of Public Act 100-282). The immediate sealing
3        petition may be filed with the circuit court clerk
4        during the hearing in which the final disposition of
5        the case is entered. If the defendant's attorney does
6        not file the petition for immediate sealing during the
7        hearing, the defendant may file a petition for sealing
8        at any time as authorized under subsection (c)(3)(A).
9            (B) Contents of Petition. The immediate sealing
10        petition shall be verified and shall contain the
11        petitioner's name, date of birth, current address, and
12        for each eligible record, the case number, the date of
13        arrest if applicable, the identity of the arresting
14        authority if applicable, and other information as the
15        court may require.
16            (C) Drug Test. The petitioner shall not be
17        required to attach proof that he or she has passed a
18        drug test.
19            (D) Service of Petition. A copy of the petition
20        shall be served on the State's Attorney in open court.
21        The petitioner shall not be required to serve a copy of
22        the petition on any other agency.
23            (E) Entry of Order. The presiding trial judge
24        shall enter an order granting or denying the petition
25        for immediate sealing during the hearing in which it
26        is filed. Petitions for immediate sealing shall be

 

 

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1        ruled on in the same hearing in which the final
2        disposition of the case is entered.
3            (F) Hearings. The court shall hear the petition
4        for immediate sealing on the same day and during the
5        same hearing in which the disposition is rendered.
6            (G) Service of Order. An order to immediately seal
7        eligible records shall be served in conformance with
8        subsection (d)(8).
9            (H) Implementation of Order. An order to
10        immediately seal records shall be implemented in
11        conformance with subsections (d)(9)(C) and (d)(9)(D).
12            (I) Fees. The fee imposed by the circuit court
13        clerk and the Illinois State Police shall comply with
14        paragraph (1) of subsection (d) of this Section.
15            (J) Final Order. No court order issued under this
16        subsection (g) shall become final for purposes of
17        appeal until 30 days after service of the order on the
18        petitioner and all parties entitled to service of the
19        order in conformance with subsection (d)(8).
20            (K) Motion to Vacate, Modify, or Reconsider. Under
21        Section 2-1203 of the Code of Civil Procedure, the
22        petitioner, State's Attorney, or the Illinois State
23        Police may file a motion to vacate, modify, or
24        reconsider the order denying the petition to
25        immediately seal within 60 days of service of the
26        order. If filed more than 60 days after service of the

 

 

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1        order, a petition to vacate, modify, or reconsider
2        shall comply with subsection (c) of Section 2-1401 of
3        the Code of Civil Procedure.
4            (L) Effect of Order. An order granting an
5        immediate sealing petition shall not be considered
6        void because it fails to comply with the provisions of
7        this Section or because of an error asserted in a
8        motion to vacate, modify, or reconsider. The circuit
9        court retains jurisdiction to determine whether the
10        order is voidable, and to vacate, modify, or
11        reconsider its terms based on a motion filed under
12        subparagraph (L) of this subsection (g).
13            (M) Compliance with Order Granting Petition to
14        Seal Records. Unless a court has entered a stay of an
15        order granting a petition to immediately seal, all
16        parties entitled to service of the order must fully
17        comply with the terms of the order within 60 days of
18        service of the order.
19    (h) Sealing or vacation and expungement of trafficking
20victims' crimes.
21        (1) A trafficking victim, as defined by paragraph (10)
22    of subsection (a) of Section 10-9 of the Criminal Code of
23    2012, may petition for vacation and expungement or
24    immediate sealing of his or her criminal record upon the
25    completion of his or her last sentence if his or her
26    participation in the underlying offense was a result of

 

 

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1    human trafficking under Section 10-9 of the Criminal Code
2    of 2012 or a severe form of trafficking under the federal
3    Trafficking Victims Protection Act.
4        (1.5) A petition under paragraph (1) shall be
5    prepared, signed, and filed in accordance with Supreme
6    Court Rule 9. The court may allow the petitioner to attend
7    any required hearing remotely in accordance with local
8    rules. The court may allow a petition to be filed under
9    seal if the public filing of the petition would constitute
10    a risk of harm to the petitioner.
11        (2) A petitioner under this subsection (h), in
12    addition to the requirements provided under paragraph (4)
13    of subsection (d) of this Section, shall include in his or
14    her petition a clear and concise statement that: (A) he or
15    she was a victim of human trafficking at the time of the
16    offense; and (B) that his or her participation in the
17    offense was a result of human trafficking under Section
18    10-9 of the Criminal Code of 2012 or a severe form of
19    trafficking under the federal Trafficking Victims
20    Protection Act.
21        (3) If an objection is filed alleging that the
22    petitioner is not entitled to vacation and expungement or
23    immediate sealing under this subsection (h), the court
24    shall conduct a hearing under paragraph (7) of subsection
25    (d) of this Section and the court shall determine whether
26    the petitioner is entitled to vacation and expungement or

 

 

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1    immediate sealing under this subsection (h). A petitioner
2    is eligible for vacation and expungement or immediate
3    relief under this subsection (h) if he or she shows, by a
4    preponderance of the evidence, that: (A) he or she was a
5    victim of human trafficking at the time of the offense;
6    and (B) that his or her participation in the offense was a
7    result of human trafficking under Section 10-9 of the
8    Criminal Code of 2012 or a severe form of trafficking
9    under the federal Trafficking Victims Protection Act.
10    (i) Minor Cannabis Offenses under the Cannabis Control
11Act.
12        (1) Expungement of Arrest Records of Minor Cannabis
13    Offenses.
14            (A) The Illinois State Police and all law
15        enforcement agencies within the State shall
16        automatically expunge all criminal history records of
17        an arrest, charge not initiated by arrest, order of
18        supervision, or order of qualified probation for a
19        Minor Cannabis Offense committed prior to June 25,
20        2019 (the effective date of Public Act 101-27) if:
21                (i) One year or more has elapsed since the
22            date of the arrest or law enforcement interaction
23            documented in the records; and
24                (ii) No criminal charges were filed relating
25            to the arrest or law enforcement interaction or
26            criminal charges were filed and subsequently

 

 

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1            dismissed or vacated or the arrestee was
2            acquitted.
3            (B) If the law enforcement agency is unable to
4        verify satisfaction of condition (ii) in paragraph
5        (A), records that satisfy condition (i) in paragraph
6        (A) shall be automatically expunged.
7            (C) Records shall be expunged by the law
8        enforcement agency under the following timelines:
9                (i) Records created prior to June 25, 2019
10            (the effective date of Public Act 101-27), but on
11            or after January 1, 2013, shall be automatically
12            expunged prior to January 1, 2021;
13                (ii) Records created prior to January 1, 2013,
14            but on or after January 1, 2000, shall be
15            automatically expunged prior to January 1, 2023;
16                (iii) Records created prior to January 1, 2000
17            shall be automatically expunged prior to January
18            1, 2025.
19            In response to an inquiry for expunged records,
20        the law enforcement agency receiving such inquiry
21        shall reply as it does in response to inquiries when no
22        records ever existed; however, it shall provide a
23        certificate of disposition or confirmation that the
24        record was expunged to the individual whose record was
25        expunged if such a record exists.
26            (D) Nothing in this Section shall be construed to

 

 

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1        restrict or modify an individual's right to have that
2        individual's records expunged except as otherwise may
3        be provided in this Act, or diminish or abrogate any
4        rights or remedies otherwise available to the
5        individual.
6        (2) Pardons Authorizing Expungement of Minor Cannabis
7    Offenses.
8            (A) Upon June 25, 2019 (the effective date of
9        Public Act 101-27), the Department of State Police
10        shall review all criminal history record information
11        and identify all records that meet all of the
12        following criteria:
13                (i) one or more convictions for a Minor
14            Cannabis Offense;
15                (ii) the conviction identified in paragraph
16            (2)(A)(i) did not include a penalty enhancement
17            under Section 7 of the Cannabis Control Act; and
18                (iii) the conviction identified in paragraph
19            (2)(A)(i) is not associated with a conviction for
20            a violent crime as defined in subsection (c) of
21            Section 3 of the Rights of Crime Victims and
22            Witnesses Act.
23            (B) Within 180 days after June 25, 2019 (the
24        effective date of Public Act 101-27), the Department
25        of State Police shall notify the Prisoner Review Board
26        of all such records that meet the criteria established

 

 

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1        in paragraph (2)(A).
2                (i) The Prisoner Review Board shall notify the
3            State's Attorney of the county of conviction of
4            each record identified by State Police in
5            paragraph (2)(A) that is classified as a Class 4
6            felony. The State's Attorney may provide a written
7            objection to the Prisoner Review Board on the sole
8            basis that the record identified does not meet the
9            criteria established in paragraph (2)(A). Such an
10            objection must be filed within 60 days or by such
11            later date set by the Prisoner Review Board in the
12            notice after the State's Attorney received notice
13            from the Prisoner Review Board.
14                (ii) In response to a written objection from a
15            State's Attorney, the Prisoner Review Board is
16            authorized to conduct a non-public hearing to
17            evaluate the information provided in the
18            objection.
19                (iii) The Prisoner Review Board shall make a
20            confidential and privileged recommendation to the
21            Governor as to whether to grant a pardon
22            authorizing expungement for each of the records
23            identified by the Department of State Police as
24            described in paragraph (2)(A).
25            (C) If an individual has been granted a pardon
26        authorizing expungement as described in this Section,

 

 

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1        the Prisoner Review Board, through the Attorney
2        General, shall file a petition for expungement with
3        the Chief Judge of the circuit or any judge of the
4        circuit designated by the Chief Judge where the
5        individual had been convicted. Such petition may
6        include more than one individual. Whenever an
7        individual who has been convicted of an offense is
8        granted a pardon by the Governor that specifically
9        authorizes expungement, an objection to the petition
10        may not be filed. Petitions to expunge under this
11        subsection (i) may include more than one individual.
12        Within 90 days of the filing of such a petition, the
13        court shall enter an order expunging the records of
14        arrest from the official records of the arresting
15        authority and order that the records of the circuit
16        court clerk and the Illinois State Police be expunged
17        and the name of the defendant obliterated from the
18        official index requested to be kept by the circuit
19        court clerk under Section 16 of the Clerks of Courts
20        Act in connection with the arrest and conviction for
21        the offense for which the individual had received a
22        pardon but the order shall not affect any index issued
23        by the circuit court clerk before the entry of the
24        order. Upon entry of the order of expungement, the
25        circuit court clerk shall promptly provide a copy of
26        the order and a certificate of disposition to the

 

 

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1        individual who was pardoned to the individual's last
2        known address or by electronic means (if available) or
3        otherwise make it available to the individual upon
4        request.
5            (D) Nothing in this Section is intended to
6        diminish or abrogate any rights or remedies otherwise
7        available to the individual.
8        (3) Any individual may file a motion to vacate and
9    expunge a conviction for a misdemeanor or Class 4 felony
10    violation of Section 4 or Section 5 of the Cannabis
11    Control Act. Motions to vacate and expunge under this
12    subsection (i) may be filed with the circuit court, Chief
13    Judge of a judicial circuit or any judge of the circuit
14    designated by the Chief Judge. The circuit court clerk
15    shall promptly serve a copy of the motion to vacate and
16    expunge, and any supporting documentation, on the State's
17    Attorney or prosecutor charged with the duty of
18    prosecuting the offense. When considering such a motion to
19    vacate and expunge, a court shall consider the following:
20    the reasons to retain the records provided by law
21    enforcement, the petitioner's age, the petitioner's age at
22    the time of offense, the time since the conviction, and
23    the specific adverse consequences if denied. An individual
24    may file such a petition after the completion of any
25    non-financial sentence or non-financial condition imposed
26    by the conviction. Within 60 days of the filing of such

 

 

HB5023 Engrossed- 49 -LRB103 37573 JRC 67699 b

1    motion, a State's Attorney may file an objection to such a
2    petition along with supporting evidence. If a motion to
3    vacate and expunge is granted, the records shall be
4    expunged in accordance with subparagraphs (d)(8) and
5    (d)(9)(A) of this Section. An agency providing civil legal
6    aid, as defined by Section 15 of the Public Interest
7    Attorney Assistance Act, assisting individuals seeking to
8    file a motion to vacate and expunge under this subsection
9    may file motions to vacate and expunge with the Chief
10    Judge of a judicial circuit or any judge of the circuit
11    designated by the Chief Judge, and the motion may include
12    more than one individual. Motions filed by an agency
13    providing civil legal aid concerning more than one
14    individual may be prepared, presented, and signed
15    electronically.
16        (4) Any State's Attorney may file a motion to vacate
17    and expunge a conviction for a misdemeanor or Class 4
18    felony violation of Section 4 or Section 5 of the Cannabis
19    Control Act. Motions to vacate and expunge under this
20    subsection (i) may be filed with the circuit court, Chief
21    Judge of a judicial circuit or any judge of the circuit
22    designated by the Chief Judge, and may include more than
23    one individual. Motions filed by a State's Attorney
24    concerning more than one individual may be prepared,
25    presented, and signed electronically. When considering
26    such a motion to vacate and expunge, a court shall

 

 

HB5023 Engrossed- 50 -LRB103 37573 JRC 67699 b

1    consider the following: the reasons to retain the records
2    provided by law enforcement, the individual's age, the
3    individual's age at the time of offense, the time since
4    the conviction, and the specific adverse consequences if
5    denied. Upon entry of an order granting a motion to vacate
6    and expunge records pursuant to this Section, the State's
7    Attorney shall notify the Prisoner Review Board within 30
8    days. Upon entry of the order of expungement, the circuit
9    court clerk shall promptly provide a copy of the order and
10    a certificate of disposition to the individual whose
11    records will be expunged to the individual's last known
12    address or by electronic means (if available) or otherwise
13    make available to the individual upon request. If a motion
14    to 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.
17        (5) In the public interest, the State's Attorney of a
18    county has standing to file motions to vacate and expunge
19    pursuant to this Section in the circuit court with
20    jurisdiction over the underlying conviction.
21        (6) If a person is arrested for a Minor Cannabis
22    Offense as defined in this Section before June 25, 2019
23    (the effective date of Public Act 101-27) and the person's
24    case is still pending but a sentence has not been imposed,
25    the person may petition the court in which the charges are
26    pending for an order to summarily dismiss those charges

 

 

HB5023 Engrossed- 51 -LRB103 37573 JRC 67699 b

1    against him or her, and expunge all official records of
2    his or her arrest, plea, trial, conviction, incarceration,
3    supervision, or expungement. If the court determines, upon
4    review, that: (A) the person was arrested before June 25,
5    2019 (the effective date of Public Act 101-27) for an
6    offense that has been made eligible for expungement; (B)
7    the case is pending at the time; and (C) the person has not
8    been sentenced of the minor cannabis violation eligible
9    for expungement under this subsection, the court shall
10    consider the following: the reasons to retain the records
11    provided by law enforcement, the petitioner's age, the
12    petitioner's age at the time of offense, the time since
13    the conviction, and the specific adverse consequences if
14    denied. If a motion to dismiss and expunge is granted, the
15    records shall be expunged in accordance with subparagraph
16    (d)(9)(A) of this Section.
17        (7) A person imprisoned solely as a result of one or
18    more convictions for Minor Cannabis Offenses under this
19    subsection (i) shall be released from incarceration upon
20    the issuance of an order under this subsection.
21        (8) The Illinois State Police shall allow a person to
22    use the access and review process, established in the
23    Illinois State Police, for verifying that his or her
24    records relating to Minor Cannabis Offenses of the
25    Cannabis Control Act eligible under this Section have been
26    expunged.

 

 

HB5023 Engrossed- 52 -LRB103 37573 JRC 67699 b

1        (9) No conviction vacated pursuant to this Section
2    shall serve as the basis for damages for time unjustly
3    served as provided in the Court of Claims Act.
4        (10) Effect of Expungement. A person's right to
5    expunge an expungeable offense shall not be limited under
6    this Section. The effect of an order of expungement shall
7    be to restore the person to the status he or she occupied
8    before the arrest, charge, or conviction.
9        (11) Information. The Illinois State Police shall post
10    general information on its website about the expungement
11    process described in this subsection (i).
12    (j) Felony Prostitution Convictions.
13        (1) Any individual may file a motion to vacate and
14    expunge a conviction for a prior Class 4 felony violation
15    of prostitution. Motions to vacate and expunge under this
16    subsection (j) may be filed with the circuit court, Chief
17    Judge of a judicial circuit, or any judge of the circuit
18    designated by the Chief Judge. When considering the motion
19    to vacate and expunge, a court shall consider the
20    following:
21            (A) the reasons to retain the records provided by
22        law enforcement;
23            (B) the petitioner's age;
24            (C) the petitioner's age at the time of offense;
25        and
26            (D) the time since the conviction, and the

 

 

HB5023 Engrossed- 53 -LRB103 37573 JRC 67699 b

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

 

 

HB5023 Engrossed- 54 -LRB103 37573 JRC 67699 b

1            (B) the petitioner's age;
2            (C) the petitioner's age at the time of offense;
3            (D) the time since the conviction; and
4            (E) the specific adverse consequences if denied.
5        If the State's Attorney files a motion to vacate and
6    expunge records for felony prostitution convictions
7    pursuant to this Section, the State's Attorney shall
8    notify the Prisoner Review Board within 30 days of the
9    filing. If a motion to vacate and expunge is granted, the
10    records shall be expunged in accordance with subparagraph
11    (d)(9)(A) of this Section.
12        (3) In the public interest, the State's Attorney of a
13    county has standing to file motions to vacate and expunge
14    pursuant to this Section in the circuit court with
15    jurisdiction over the underlying conviction.
16        (4) The Illinois State Police shall allow a person to
17    a use the access and review process, established in the
18    Illinois State Police, for verifying that his or her
19    records relating to felony prostitution eligible under
20    this Section have been expunged.
21        (5) No conviction vacated pursuant to this Section
22    shall serve as the basis for damages for time unjustly
23    served as provided in the Court of Claims Act.
24        (6) Effect of Expungement. A person's right to expunge
25    an expungeable offense shall not be limited under this
26    Section. The effect of an order of expungement shall be to

 

 

HB5023 Engrossed- 55 -LRB103 37573 JRC 67699 b

1    restore the person to the status he or she occupied before
2    the arrest, charge, or conviction.
3        (7) Information. The Illinois State Police shall post
4    general information on its website about the expungement
5    process described in this subsection (j).
6(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
7102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
81-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
 
9    Section 10. The Court Record and Document Accessibility
10Act is amended by changing Section 5 as follows:
 
11    (705 ILCS 86/5)
12    Sec. 5. Record and document accessibility.
13    (a) All records and documents are presumed to be
14accessible by the court and the clerk of the court. A clerk of
15the court shall limit access to case information and documents
16that are not identified as public to the clerk of the court or
17limited supervisory staff through the use of access codes
18restricting access. Access to court records and documents
19remotely over the Internet shall be as authorized by the
20Illinois Supreme Court Remote Access Policy.
21    (b) Unless otherwise specified by rule, statute, or order,
22access to case information and documents maintained by the
23clerk of the court is defined as follows:
24        (1) "Public" means a document or case that is

 

 

HB5023 Engrossed- 56 -LRB103 37573 JRC 67699 b

1    accessible by any person upon request.
2        (2) "Impounded" means a document or case that is
3    accessible only to the parties of record on a case;
4    otherwise, the document or case is only accessible upon
5    order of a court.
6        (3) "Confidential" means a document or case that is
7    accessible only to the party submitting the document or
8    filing the case; otherwise, the document or case is only
9    accessible upon order of a court.
10        (4) "Sealed" means a document or case that is
11    accessible only upon order of a court.
12        (5) "Expunged" means a document or case that is
13    accessible only upon order of a court as provided in
14    subparagraph (E) of paragraph (1) of subsection (a) of
15    Section 5.2 of the Criminal Identification Act.
16    (c) Notwithstanding any provision of subsections (a) and
17(b), the court may enter an order restricting access to any
18case or document per order of court.
19    (d) If any law of this State restricts access to any case
20information and documents maintained by the clerk of the court
21by using the phrase "shall not be public", or a similar phrase
22stating that a court record is not available to the public, the
23clerk of the court shall impound such case information and
24documents unless the court directs otherwise.
25    (e) Notwithstanding any other provision of law, if any law
26or statute of this State conflicts with Supreme Court Rule 8,

 

 

HB5023 Engrossed- 57 -LRB103 37573 JRC 67699 b

1then Supreme Court Rule 8 governs.
2(Source: P.A. 103-166, eff. 1-1-24.)
 
3    Section 15. The Code of Civil Procedure is amended by
4changing Section 9-121 as follows:
 
5    (735 ILCS 5/9-121)
6    Sec. 9-121. Impounding Sealing of court file.
7    (a) Definitions. Definition. As used in this Section: ,
8"court
9        "Court file" means the court file created when an
10eviction action is filed with the court.
11        "Impounded" has the same meaning as in paragraph (2)
12of subsection (b) of Section 5 of the Court Record and Document
13Accessibility Act.
14    (b) Discretionary impounding sealing of court file. The
15court may order that a court file in an eviction action be
16impounded placed under seal if the court finds that the
17plaintiff's action is sufficiently without a basis in fact or
18law, which may include a lack of jurisdiction, that impounding
19placing the court file under seal is clearly in the interests
20of justice, and that those interests are not outweighed by the
21public's interest in knowing about the record.
22    (b-5) Impounding of court file by agreement. The court may
23order that a file may be impounded by agreement of the parties.
24    (c) Mandatory impounding sealing of court file. The court

 

 

HB5023 Engrossed- 58 -LRB103 37573 JRC 67699 b

1file relating to an eviction action brought against a tenant
2under Section 9-207.5 of this Code or as set forth in
3subdivision (h)(6) of Section 15-1701 of this Code shall be
4impounded placed under seal.
5    (d) This Section is operative on and after August 1, 2022.
6(Source: P.A. 102-5, eff. 5-17-21.)