HB5024 EngrossedLRB097 17385 RLC 62587 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (2) Minor Traffic Offenses. Orders of supervision or
2    convictions for minor traffic offenses shall not affect a
3    petitioner's eligibility to expunge or seal records
4    pursuant to this Section.
5        (3) Exclusions. Except as otherwise provided in
6    subsections (b)(5), (b)(6), and (e), and (e-5) of this
7    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.
16            (B) the sealing or expungement of records of minor
17        traffic offenses (as defined in subsection (a)(1)(G)),
18        unless the petitioner was arrested and released
19        without charging.
20            (C) the sealing of the records of arrests or
21        charges not initiated by arrest which result in an
22        order of supervision, an order of qualified probation
23        (as defined in subsection (a)(1)(J)), or a conviction
24        for the following offenses:
25                (i) offenses included in Article 11 of the
26            Criminal Code of 1961 or a similar provision of a

 

 

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1            local ordinance, except Section 11-14 of the
2            Criminal Code of 1961 or a similar provision of a
3            local ordinance;
4                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
5            26-5 of the Criminal Code of 1961 or a similar
6            provision of a local ordinance;
7                (iii) offenses defined as "crimes of violence"
8            in Section 2 of the Crime Victims Compensation Act
9            or a similar provision of a local ordinance;
10                (iv) offenses which are Class A misdemeanors
11            under the Humane Care for Animals Act; or
12                (v) any offense or attempted offense that
13            would subject a person to registration under the
14            Sex Offender Registration Act.
15            (D) the sealing of the records of an arrest which
16        results in the petitioner being charged with a felony
17        offense or records of a charge not initiated by arrest
18        for a felony offense unless:
19                (i) the charge is amended to a misdemeanor and
20            is otherwise eligible to be sealed pursuant to
21            subsection (c);
22                (ii) the charge is brought along with another
23            charge as a part of one case and the charge results
24            in acquittal, dismissal, or conviction when the
25            conviction was reversed or vacated, and another
26            charge brought in the same case results in a

 

 

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1            disposition for a misdemeanor offense that is
2            eligible to be sealed pursuant to subsection (c) or
3            a disposition listed in paragraph (i), (iii), or
4            (iv) of this subsection;
5                (iii) the charge results in first offender
6            probation as set forth in subsection (c)(2)(E);
7                (iv) the charge is for a Class 4 felony offense
8            listed in subsection (c)(2)(F) or the charge is
9            amended to a Class 4 felony offense listed in
10            subsection (c)(2)(F). Records of arrests which
11            result in the petitioner being charged with a Class
12            4 felony offense listed in subsection (c)(2)(F),
13            records of charges not initiated by arrest for
14            Class 4 felony offenses listed in subsection
15            (c)(2)(F), and records of charges amended to a
16            Class 4 felony offense listed in (c)(2)(F) may be
17            sealed, regardless of the disposition, subject to
18            any waiting periods set forth in subsection
19            (c)(3);
20                (v) the charge results in acquittal,
21            dismissal, or the petitioner's release without
22            conviction; or
23                (vi) the charge results in a conviction, but
24            the conviction was reversed or vacated.
25    (b) Expungement.
26        (1) A petitioner may petition the circuit court to

 

 

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1    expunge the records of his or her arrests and charges not
2    initiated by arrest when:
3            (A) He or she has never been convicted of a
4        criminal offense; and
5            (B) Each arrest or charge not initiated by arrest
6        sought to be expunged resulted in: (i) acquittal,
7        dismissal, or the petitioner's release without
8        charging, unless excluded by subsection (a)(3)(B);
9        (ii) a conviction which was vacated or reversed, unless
10        excluded by subsection (a)(3)(B); (iii) an order of
11        supervision and such supervision was successfully
12        completed by the petitioner, unless excluded by
13        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
14        qualified probation (as defined in subsection
15        (a)(1)(J)) and such probation was successfully
16        completed by the petitioner.
17        (2) Time frame for filing a petition to expunge.
18            (A) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an acquittal,
20        dismissal, the petitioner's release without charging,
21        or the reversal or vacation of a conviction, there is
22        no waiting period to petition for the expungement of
23        such records.
24            (B) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        supervision, successfully completed by the petitioner,

 

 

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1        the following time frames will apply:
2                (i) Those arrests or charges that resulted in
3            orders of supervision under Section 3-707, 3-708,
4            3-710, or 5-401.3 of the Illinois Vehicle Code or a
5            similar provision of a local ordinance, or under
6            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7            Code of 1961 or a similar provision of a local
8            ordinance, shall not be eligible for expungement
9            until 5 years have passed following the
10            satisfactory termination of the supervision.
11                (ii) Those arrests or charges that resulted in
12            orders of supervision for any other offenses shall
13            not be eligible for expungement until 2 years have
14            passed following the satisfactory termination of
15            the supervision.
16            (C) When the arrest or charge not initiated by
17        arrest sought to be expunged resulted in an order of
18        qualified probation, successfully completed by the
19        petitioner, such records shall not be eligible for
20        expungement until 5 years have passed following the
21        satisfactory termination of the probation.
22        (3) Those records maintained by the Department for
23    persons arrested prior to their 17th birthday shall be
24    expunged as provided in Section 5-915 of the Juvenile Court
25    Act of 1987.
26        (4) Whenever a person has been arrested for or

 

 

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1    convicted of any offense, in the name of a person whose
2    identity he or she has stolen or otherwise come into
3    possession of, the aggrieved person from whom the identity
4    was stolen or otherwise obtained without authorization,
5    upon learning of the person having been arrested using his
6    or her identity, may, upon verified petition to the chief
7    judge of the circuit wherein the arrest was made, have a
8    court order entered nunc pro tunc by the Chief Judge to
9    correct the arrest record, conviction record, if any, and
10    all official records of the arresting authority, the
11    Department, other criminal justice agencies, the
12    prosecutor, and the trial court concerning such arrest, if
13    any, by removing his or her name from all such records in
14    connection with the arrest and conviction, if any, and by
15    inserting in the records the name of the offender, if known
16    or ascertainable, in lieu of the aggrieved's name. The
17    records of the circuit court clerk shall be sealed until
18    further order of the court upon good cause shown and the
19    name of the aggrieved person obliterated on the official
20    index required to be kept by the circuit court clerk under
21    Section 16 of the Clerks of Courts Act, but the order shall
22    not affect any index issued by the circuit court clerk
23    before the entry of the order. Nothing in this Section
24    shall limit the Department of State Police or other
25    criminal justice agencies or prosecutors from listing
26    under an offender's name the false names he or she has

 

 

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

 

 

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1    conditions and who fulfills those terms and conditions
2    pursuant to Section 10 of the Cannabis Control Act, Section
3    410 of the Illinois Controlled Substances Act, Section 70
4    of the Methamphetamine Control and Community Protection
5    Act, Section 12-4.3 or subdivision (b)(1) of Section
6    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
7    Illinois Alcoholism and Other Drug Dependency Act, Section
8    40-10 of the Alcoholism and Other Drug Abuse and Dependency
9    Act, or Section 10 of the Steroid Control Act.
10    (c) Sealing.
11        (1) Applicability. Notwithstanding any other provision
12    of this Act to the contrary, and cumulative with any rights
13    to expungement of criminal records, this subsection
14    authorizes the sealing of criminal records of adults and of
15    minors prosecuted as adults.
16        (2) Eligible Records. The following records may be
17    sealed:
18            (A) All arrests resulting in release without
19        charging;
20            (B) Arrests or charges not initiated by arrest
21        resulting in acquittal, dismissal, or conviction when
22        the conviction was reversed or vacated, except as
23        excluded by subsection (a)(3)(B);
24            (C) Arrests or charges not initiated by arrest
25        resulting in orders of supervision successfully
26        completed by the petitioner, unless excluded by

 

 

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1        subsection (a)(3);
2            (D) Arrests or charges not initiated by arrest
3        resulting in convictions unless excluded by subsection
4        (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, or Section 70
9        of the Methamphetamine Control and Community
10        Protection Act; and
11            (F) Arrests or charges not initiated by arrest
12        resulting in Class 4 felony convictions for the
13        following offenses:
14                (i) Section 11-14 of the Criminal Code of 1961;
15                (ii) Section 4 of the Cannabis Control Act;
16                (iii) Section 402 of the Illinois Controlled
17            Substances Act;
18                (iv) the Methamphetamine Precursor Control
19            Act; and
20                (v) the Steroid Control Act.
21        (3) When Records Are Eligible to Be Sealed. Records
22    identified as eligible under subsection (c)(2) may be
23    sealed as follows:
24            (A) Records identified as eligible under
25        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
26        time.

 

 

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1            (B) Records identified as eligible under
2        subsection (c)(2)(C) may be sealed (i) 3 years after
3        the termination of petitioner's last sentence (as
4        defined in subsection (a)(1)(F)) if the petitioner has
5        never been convicted of a criminal offense (as defined
6        in subsection (a)(1)(D)); or (ii) 4 years after the
7        termination of the petitioner's last sentence (as
8        defined in subsection (a)(1)(F)) if the petitioner has
9        ever been convicted of a criminal offense (as defined
10        in subsection (a)(1)(D)).
11            (C) Records identified as eligible under
12        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
13        sealed 4 years after the termination of the
14        petitioner's last sentence (as defined in subsection
15        (a)(1)(F)).
16        (4) Subsequent felony convictions. A person may not
17    have subsequent felony conviction records sealed as
18    provided in this subsection (c) if he or she is convicted
19    of any felony offense after the date of the sealing of
20    prior felony convictions as provided in this subsection
21    (c). The court may, upon conviction for a subsequent felony
22    offense, order the unsealing of prior felony conviction
23    records previously ordered sealed by the court.
24        (5) Notice of eligibility for sealing. Upon entry of a
25    disposition for an eligible record under this subsection
26    (c), the petitioner shall be informed by the court of the

 

 

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1    right to have the records sealed and the procedures for the
2    sealing of the records.
3    (d) Procedure. The following procedures apply to
4expungement under subsections (b) and (e), and sealing under
5subsections subsection (c) and (e-5):
6        (1) Filing the petition. Upon becoming eligible to
7    petition for the expungement or sealing of records under
8    this Section, the petitioner shall file a petition
9    requesting the expungement or sealing of records with the
10    clerk of the court where the arrests occurred or the
11    charges were brought, or both. If arrests occurred or
12    charges were brought in multiple jurisdictions, a petition
13    must be filed in each such jurisdiction. The petitioner
14    shall pay the applicable fee, if not waived.
15        (2) Contents of petition. The petition shall be
16    verified and shall contain the petitioner's name, date of
17    birth, current address and, for each arrest or charge not
18    initiated by arrest sought to be sealed or expunged, the
19    case number, the date of arrest (if any), the identity of
20    the arresting authority, and such other information as the
21    court may require. During the pendency of the proceeding,
22    the petitioner shall promptly notify the circuit court
23    clerk of any change of his or her address. If the
24    petitioner has received a certificate of eligibility for
25    sealing from the Prisoner Review Board under paragraph (10)
26    of subsection (a) of Section 3-3-2 of the Unified Code of

 

 

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1    Corrections, the certificate shall be attached to the
2    petition.
3        (3) Drug test. The petitioner must attach to the
4    petition proof that the petitioner has passed a test taken
5    within 30 days before the filing of the petition showing
6    the absence within his or her body of all illegal
7    substances as defined by the Illinois Controlled
8    Substances Act, the Methamphetamine Control and Community
9    Protection Act, and the Cannabis Control Act if he or she
10    is petitioning to seal felony records pursuant to clause
11    (c)(2)(E), or (c)(2)(F)(ii)-(v), or (e-5) or if he or she
12    is petitioning to expunge felony records of a qualified
13    probation pursuant to clause (b)(1)(B)(iv).
14        (4) Service of petition. The circuit court clerk shall
15    promptly serve a copy of the petition on the State's
16    Attorney or prosecutor charged with the duty of prosecuting
17    the offense, the Department of State Police, the arresting
18    agency and the chief legal officer of the unit of local
19    government effecting the arrest.
20        (5) Objections.
21            (A) Any party entitled to notice of the petition
22        may file an objection to the petition. All objections
23        shall be in writing, shall be filed with the circuit
24        court clerk, and shall state with specificity the basis
25        of the objection.
26            (B) Objections to a petition to expunge or seal

 

 

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

 

 

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1    the order to the Department, in a form and manner
2    prescribed by the Department, to the petitioner, to the
3    State's Attorney or prosecutor charged with the duty of
4    prosecuting the offense, to the arresting agency, to the
5    chief legal officer of the unit of local government
6    effecting the arrest, and to such other criminal justice
7    agencies as may be ordered by the court.
8        (9) Effect of order.
9            (A) Upon entry of an order to expunge records
10        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
11                (i) the records shall be expunged (as defined
12            in subsection (a)(1)(E)) by the arresting agency,
13            the Department, and any other agency as ordered by
14            the court, within 60 days of the date of service of
15            the order, unless a motion to vacate, modify, or
16            reconsider the order is filed pursuant to
17            paragraph (12) of subsection (d) of this Section;
18                (ii) the records of the circuit court clerk
19            shall be impounded until further order of the court
20            upon good cause shown and the name of the
21            petitioner obliterated on the official index
22            required to be kept by the circuit court clerk
23            under Section 16 of the Clerks of Courts Act, but
24            the order shall not affect any index issued by the
25            circuit court clerk before the entry of the order;
26            and

 

 

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

 

 

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

 

 

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1    fee equivalent to the cost of processing any order to
2    expunge or seal records. Notwithstanding any provision of
3    the Clerks of Courts Act to the contrary, the circuit court
4    clerk may charge a fee equivalent to the cost associated
5    with the sealing or expungement of records by the circuit
6    court clerk. From the total filing fee collected for the
7    petition to seal or expunge, the circuit court clerk shall
8    deposit $10 into the Circuit Court Clerk Operation and
9    Administrative Fund, to be used to offset the costs
10    incurred by the circuit court clerk in performing the
11    additional duties required to serve the petition to seal or
12    expunge on all parties. The circuit court clerk shall
13    collect and forward the Department of State Police portion
14    of the fee to the Department and it shall be deposited in
15    the State Police Services Fund.
16        (11) Final Order. No court order issued under the
17    expungement or sealing provisions of this Section shall
18    become final for purposes of appeal until 30 days after
19    service of the order on the petitioner and all parties
20    entitled to notice of the petition.
21        (12) Motion to Vacate, Modify, or Reconsider. The
22    petitioner or any party entitled to notice may file a
23    motion to vacate, modify, or reconsider the order granting
24    or denying the petition to expunge or seal within 60 days
25    of service of the order.
26    (e) Whenever a person who has been convicted of an offense

 

 

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

 

 

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

 

 

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1have access to all sealed records of the Department pertaining
2to that individual. Upon entry of the order of sealing, the
3circuit court clerk shall promptly mail a copy of the order to
4the person who was granted the certificate of eligibility for
5sealing.
6    (f) Subject to available funding, the Illinois Department
7of Corrections shall conduct a study of the impact of sealing,
8especially on employment and recidivism rates, utilizing a
9random sample of those who apply for the sealing of their
10criminal records under Public Act 93-211. At the request of the
11Illinois Department of Corrections, records of the Illinois
12Department of Employment Security shall be utilized as
13appropriate to assist in the study. The study shall not
14disclose any data in a manner that would allow the
15identification of any particular individual or employing unit.
16The study shall be made available to the General Assembly no
17later than September 1, 2010.
18(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
1996-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
207-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
21eff. 8-19-11; revised 9-6-11.)
 
22    (20 ILCS 2630/13)
23    Sec. 13. Retention and release of sealed records.
24    (a) The Department of State Police shall retain records
25sealed under subsection (c), or (e), or (e-5) of Section 5.2 or

 

 

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1impounded under subparagraph (B) of paragraph (9) of subsection
2(d) of Section 5.2 and shall release them only as authorized by
3this Act. Felony records sealed under subsection (c), or (e),
4or (e-5) of Section 5.2 or impounded under subparagraph (B) of
5paragraph (9) of subsection (d) of Section 5.2 shall be used
6and disseminated by the Department only as otherwise
7specifically required or authorized by a federal or State law,
8rule, or regulation that requires inquiry into and release of
9criminal records, including, but not limited to, subsection (A)
10of Section 3 of this Act. However, all requests for records
11that have been expunged, sealed, and impounded and the use of
12those records are subject to the provisions of Section 2-103 of
13the Illinois Human Rights Act. Upon conviction for any offense,
14the Department of Corrections shall have access to all sealed
15records of the Department pertaining to that individual.
16    (b) Notwithstanding the foregoing, all sealed or impounded
17records are subject to inspection and use by the court and
18inspection and use by law enforcement agencies and State's
19Attorneys or other prosecutors in carrying out the duties of
20their offices.
21    (c) The sealed or impounded records maintained under
22subsection (a) are exempt from disclosure under the Freedom of
23Information Act.
24    (d) The Department of State Police shall commence the
25sealing of records of felony arrests and felony convictions
26pursuant to the provisions of subsection (c) of Section 5.2 of

 

 

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1this Act no later than one year from the date that funds have
2been made available for purposes of establishing the
3technologies necessary to implement the changes made by this
4amendatory Act of the 93rd General Assembly.
5(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
 
6    Section 10. The Unified Code of Corrections is amended by
7changing Section 3-3-2 as follows:
 
8    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
9    Sec. 3-3-2. Powers and Duties.
10    (a) The Parole and Pardon Board is abolished and the term
11"Parole and Pardon Board" as used in any law of Illinois, shall
12read "Prisoner Review Board." After the effective date of this
13amendatory Act of 1977, the Prisoner Review Board shall provide
14by rule for the orderly transition of all files, records, and
15documents of the Parole and Pardon Board and for such other
16steps as may be necessary to effect an orderly transition and
17shall:
18        (1) hear by at least one member and through a panel of
19    at least 3 members decide, cases of prisoners who were
20    sentenced under the law in effect prior to the effective
21    date of this amendatory Act of 1977, and who are eligible
22    for parole;
23        (2) hear by at least one member and through a panel of
24    at least 3 members decide, the conditions of parole and the

 

 

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1    time of discharge from parole, impose sanctions for
2    violations of parole, and revoke parole for those sentenced
3    under the law in effect prior to this amendatory Act of
4    1977; provided that the decision to parole and the
5    conditions of parole for all prisoners who were sentenced
6    for first degree murder or who received a minimum sentence
7    of 20 years or more under the law in effect prior to
8    February 1, 1978 shall be determined by a majority vote of
9    the Prisoner Review Board. One representative supporting
10    parole and one representative opposing parole will be
11    allowed to speak. Their comments shall be limited to making
12    corrections and filling in omissions to the Board's
13    presentation and discussion;
14        (3) hear by at least one member and through a panel of
15    at least 3 members decide, the conditions of mandatory
16    supervised release and the time of discharge from mandatory
17    supervised release, impose sanctions for violations of
18    mandatory supervised release, and revoke mandatory
19    supervised release for those sentenced under the law in
20    effect after the effective date of this amendatory Act of
21    1977;
22        (3.5) hear by at least one member and through a panel
23    of at least 3 members decide, the conditions of mandatory
24    supervised release and the time of discharge from mandatory
25    supervised release, to impose sanctions for violations of
26    mandatory supervised release and revoke mandatory

 

 

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1    supervised release for those serving extended supervised
2    release terms pursuant to paragraph (4) of subsection (d)
3    of Section 5-8-1;
4        (4) hear by at least 1 member and through a panel of at
5    least 3 members, decide cases brought by the Department of
6    Corrections against a prisoner in the custody of the
7    Department for alleged violation of Department rules with
8    respect to good conduct credits pursuant to Section 3-6-3
9    of this Code in which the Department seeks to revoke good
10    conduct credits, if the amount of time at issue exceeds 30
11    days or when, during any 12 month period, the cumulative
12    amount of credit revoked exceeds 30 days except where the
13    infraction is committed or discovered within 60 days of
14    scheduled release. In such cases, the Department of
15    Corrections may revoke up to 30 days of good conduct
16    credit. The Board may subsequently approve the revocation
17    of additional good conduct credit, if the Department seeks
18    to revoke good conduct credit in excess of thirty days.
19    However, the Board shall not be empowered to review the
20    Department's decision with respect to the loss of 30 days
21    of good conduct credit for any prisoner or to increase any
22    penalty beyond the length requested by the Department;
23        (5) hear by at least one member and through a panel of
24    at least 3 members decide, the release dates for certain
25    prisoners sentenced under the law in existence prior to the
26    effective date of this amendatory Act of 1977, in

 

 

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1    accordance with Section 3-3-2.1 of this Code;
2        (6) hear by at least one member and through a panel of
3    at least 3 members decide, all requests for pardon,
4    reprieve or commutation, and make confidential
5    recommendations to the Governor;
6        (7) comply with the requirements of the Open Parole
7    Hearings Act;
8        (8) hear by at least one member and, through a panel of
9    at least 3 members, decide cases brought by the Department
10    of Corrections against a prisoner in the custody of the
11    Department for court dismissal of a frivolous lawsuit
12    pursuant to Section 3-6-3(d) of this Code in which the
13    Department seeks to revoke up to 180 days of good conduct
14    credit, and if the prisoner has not accumulated 180 days of
15    good conduct credit at the time of the dismissal, then all
16    good conduct credit accumulated by the prisoner shall be
17    revoked; and
18        (9) hear by at least 3 members, and, through a panel of
19    at least 3 members, decide whether to grant certificates of
20    relief from disabilities or certificates of good conduct as
21    provided in Article 5.5 of Chapter V; and .
22        (10) upon a petition by a person who has been convicted
23    of a Class 3 or Class 4 felony and who meets the
24    requirements of this paragraph, hear by at least 3 members
25    and, with the unanimous vote of a panel of 3 members, issue
26    a certificate of eligibility for sealing recommending that

 

 

HB5024 Engrossed- 31 -LRB097 17385 RLC 62587 b

1    the court order the sealing of all official records of the
2    arresting authority, the circuit court clerk, and the
3    Department of State Police concerning the arrest and
4    conviction for the Class 3 or 4 felony. A person may not
5    apply to the Board for a certificate of eligibility for
6    sealing:
7            (A) until 5 years have elapsed since the expiration
8        of his or her sentence;
9            (B) until 5 years have elapsed since any arrests or
10        detentions by a law enforcement officer for an alleged
11        violation of law, other than a petty offense, traffic
12        offense, conservation offense, or local ordinance
13        offense;
14            (C) if convicted of a violation of the Cannabis
15        Control Act, Illinois Controlled Substances Act, the
16        Methamphetamine Control and Community Protection Act,
17        the Methamphetamine Precursor Control Act, or the
18        Methamphetamine Precursor Tracking Act unless the
19        petitioner has completed a drug abuse program for the
20        offense on which sealing is sought and provides proof
21        that he or she has completed the program successfully;
22            (D) if convicted of:
23                (i) a sex offense described in Article 11 or
24            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
25            the Criminal Code of 1961;
26                (ii) aggravated assault;

 

 

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1                (iii) aggravated battery;
2                (iv) domestic battery;
3                (v) aggravated domestic battery;
4                (vi) violation of an order of protection;
5                (vii) an offense under the Criminal Code of
6            1961 involving a firearm;
7                (viii) driving while under the influence of
8            alcohol, other drug or drugs, intoxicating
9            compound or compounds or any combination thereof;
10                (ix) aggravated driving while under the
11            influence of alcohol, other drug or drugs,
12            intoxicating compound or compounds or any
13            combination thereof; or
14                (x) any crime defined as a crime of violence
15            under Section 2 of the Crime Victims Compensation
16            Act.
17    If a person has applied to the Board for a certificate of
18eligibility for sealing and the Board denies the certificate,
19the person must wait at least 4 years before filing again or
20filing for pardon from the Governor unless the Chairman of the
21Prisoner Review Board grants a waiver.
22    The decision to issue or refrain from issuing a certificate
23of eligibility for sealing shall be at the Board's sole
24discretion, and shall not give rise to any cause of action
25against either the Board or its members.
26    (a-5) The Prisoner Review Board, with the cooperation of

 

 

HB5024 Engrossed- 33 -LRB097 17385 RLC 62587 b

1and in coordination with the Department of Corrections and the
2Department of Central Management Services, shall implement a
3pilot project in 3 correctional institutions providing for the
4conduct of hearings under paragraphs (1) and (4) of subsection
5(a) of this Section through interactive video conferences. The
6project shall be implemented within 6 months after the
7effective date of this amendatory Act of 1996. Within 6 months
8after the implementation of the pilot project, the Prisoner
9Review Board, with the cooperation of and in coordination with
10the Department of Corrections and the Department of Central
11Management Services, shall report to the Governor and the
12General Assembly regarding the use, costs, effectiveness, and
13future viability of interactive video conferences for Prisoner
14Review Board hearings.
15    (b) Upon recommendation of the Department the Board may
16restore good conduct credit previously revoked.
17    (c) The Board shall cooperate with the Department in
18promoting an effective system of parole and mandatory
19supervised release.
20    (d) The Board shall promulgate rules for the conduct of its
21work, and the Chairman shall file a copy of such rules and any
22amendments thereto with the Director and with the Secretary of
23State.
24    (e) The Board shall keep records of all of its official
25actions and shall make them accessible in accordance with law
26and the rules of the Board.

 

 

HB5024 Engrossed- 34 -LRB097 17385 RLC 62587 b

1    (f) The Board or one who has allegedly violated the
2conditions of his parole or mandatory supervised release may
3require by subpoena the attendance and testimony of witnesses
4and the production of documentary evidence relating to any
5matter under investigation or hearing. The Chairman of the
6Board may sign subpoenas which shall be served by any agent or
7public official authorized by the Chairman of the Board, or by
8any person lawfully authorized to serve a subpoena under the
9laws of the State of Illinois. The attendance of witnesses, and
10the production of documentary evidence, may be required from
11any place in the State to a hearing location in the State
12before the Chairman of the Board or his designated agent or
13agents or any duly constituted Committee or Subcommittee of the
14Board. Witnesses so summoned shall be paid the same fees and
15mileage that are paid witnesses in the circuit courts of the
16State, and witnesses whose depositions are taken and the
17persons taking those depositions are each entitled to the same
18fees as are paid for like services in actions in the circuit
19courts of the State. Fees and mileage shall be vouchered for
20payment when the witness is discharged from further attendance.
21    In case of disobedience to a subpoena, the Board may
22petition any circuit court of the State for an order requiring
23the attendance and testimony of witnesses or the production of
24documentary evidence or both. A copy of such petition shall be
25served by personal service or by registered or certified mail
26upon the person who has failed to obey the subpoena, and such

 

 

HB5024 Engrossed- 35 -LRB097 17385 RLC 62587 b

1person shall be advised in writing that a hearing upon the
2petition will be requested in a court room to be designated in
3such notice before the judge hearing motions or extraordinary
4remedies at a specified time, on a specified date, not less
5than 10 nor more than 15 days after the deposit of the copy of
6the written notice and petition in the U.S. mails addressed to
7the person at his last known address or after the personal
8service of the copy of the notice and petition upon such
9person. The court upon the filing of such a petition, may order
10the person refusing to obey the subpoena to appear at an
11investigation or hearing, or to there produce documentary
12evidence, if so ordered, or to give evidence relative to the
13subject matter of that investigation or hearing. Any failure to
14obey such order of the circuit court may be punished by that
15court as a contempt of court.
16    Each member of the Board and any hearing officer designated
17by the Board shall have the power to administer oaths and to
18take the testimony of persons under oath.
19    (g) Except under subsection (a) of this Section, a majority
20of the members then appointed to the Prisoner Review Board
21shall constitute a quorum for the transaction of all business
22of the Board.
23    (h) The Prisoner Review Board shall annually transmit to
24the Director a detailed report of its work for the preceding
25calendar year. The annual report shall also be transmitted to
26the Governor for submission to the Legislature.

 

 

HB5024 Engrossed- 36 -LRB097 17385 RLC 62587 b

1(Source: P.A. 96-875, eff. 1-22-10.)