Rep. Jeanne M Ives

Filed: 3/5/2014

 

 


 

 


 
09800HB5815ham001LRB098 18941 MRW 56535 a

1
AMENDMENT TO HOUSE BILL 5815

2    AMENDMENT NO. ______. Amend House Bill 5815 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),

 

 

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

 

 

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1        successfully completed by the petitioner is not a
2        conviction. An order of supervision or an order of
3        qualified probation that is terminated
4        unsatisfactorily is a conviction, unless the
5        unsatisfactory termination is reversed, vacated, or
6        modified and the judgment of conviction, if any, is
7        reversed or vacated.
8            (D) "Criminal offense" means a petty offense,
9        business offense, misdemeanor, felony, or municipal
10        ordinance violation (as defined in subsection
11        (a)(1)(H)). As used in this Section, a minor traffic
12        offense (as defined in subsection (a)(1)(G)) shall not
13        be considered a criminal offense.
14            (E) "Expunge" means to physically destroy the
15        records or return them to the petitioner and to
16        obliterate the petitioner's name from any official
17        index or public record, or both. Nothing in this Act
18        shall require the physical destruction of the circuit
19        court file, but such records relating to arrests or
20        charges, or both, ordered expunged shall be impounded
21        as required by subsections (d)(9)(A)(ii) and
22        (d)(9)(B)(ii).
23            (F) As used in this Section, "last sentence" means
24        the sentence, order of supervision, or order of
25        qualified probation (as defined by subsection
26        (a)(1)(J)), for a criminal offense (as defined by

 

 

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1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

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1        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2        of the Unified Code of Corrections, Section
3        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4        those provisions existed before their deletion by
5        Public Act 89-313), Section 10-102 of the Illinois
6        Alcoholism and Other Drug Dependency Act, Section
7        40-10 of the Alcoholism and Other Drug Abuse and
8        Dependency Act, or Section 10 of the Steroid Control
9        Act. For the purpose of this Section, "successful
10        completion" of an order of qualified probation under
11        Section 10-102 of the Illinois Alcoholism and Other
12        Drug Dependency Act and Section 40-10 of the Alcoholism
13        and Other Drug Abuse and Dependency Act means that the
14        probation was terminated satisfactorily and the
15        judgment of conviction was vacated.
16            (K) "Seal" means to physically and electronically
17        maintain the records, unless the records would
18        otherwise be destroyed due to age, but to make the
19        records unavailable without a court order, subject to
20        the exceptions in Sections 12 and 13 of this Act. The
21        petitioner's name shall also be obliterated from the
22        official index required to be kept by the circuit court
23        clerk under Section 16 of the Clerks of Courts Act, but
24        any index issued by the circuit court clerk before the
25        entry of the order to seal shall not be affected.
26            (L) "Sexual offense committed against a minor"

 

 

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1        includes but is not limited to the offenses of indecent
2        solicitation of a child or criminal sexual abuse when
3        the victim of such offense is under 18 years of age.
4            (M) "Terminate" as it relates to a sentence or
5        order of supervision or qualified probation includes
6        either satisfactory or unsatisfactory termination of
7        the sentence, unless otherwise specified in this
8        Section.
9        (2) Minor Traffic Offenses. Orders of supervision or
10    convictions for minor traffic offenses shall not affect a
11    petitioner's eligibility to expunge or seal records
12    pursuant to this Section.
13        (3) Exclusions. Except as otherwise provided in
14    subsections (b)(1.5), (b)(5), (b)(6), (b)(8), (e), (e-5),
15    and (e-6) of this Section, the court shall not order:
16            (A) the sealing or expungement of the records of
17        arrests or charges not initiated by arrest that result
18        in an order of supervision for or conviction of: (i)
19        any sexual offense committed against a minor; (ii)
20        Section 11-501 of the Illinois Vehicle Code or a
21        similar provision of a local ordinance; or (iii)
22        Section 11-503 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance, unless the
24        arrest or charge is for a misdemeanor violation of
25        subsection (a) of Section 11-503 or a similar provision
26        of a local ordinance, that occurred prior to the

 

 

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1        offender reaching the age of 25 years and the offender
2        has no other conviction for violating Section 11-501 or
3        11-503 of the Illinois Vehicle Code or a similar
4        provision of a local ordinance.
5            (B) the sealing or expungement of records of minor
6        traffic offenses (as defined in subsection (a)(1)(G)),
7        unless the petitioner was arrested and released
8        without charging.
9            (C) the sealing of the records of arrests or
10        charges not initiated by arrest which result in an
11        order of supervision, an order of qualified probation
12        (as defined in subsection (a)(1)(J)), or a conviction
13        for the following offenses:
14                (i) offenses included in Article 11 of the
15            Criminal Code of 1961 or the Criminal Code of 2012
16            or a similar provision of a local ordinance, except
17            Section 11-14 of the Criminal Code of 1961 or the
18            Criminal Code of 2012, or a similar provision of a
19            local ordinance;
20                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
21            26-5, or 48-1 of the Criminal Code of 1961 or the
22            Criminal Code of 2012, or a similar provision of a
23            local ordinance;
24                (iii) offenses defined as "crimes of violence"
25            in Section 2 of the Crime Victims Compensation Act
26            or a similar provision of a local ordinance;

 

 

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

 

 

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1                (v) the charge results in acquittal,
2            dismissal, or the petitioner's release without
3            conviction; or
4                (vi) the charge results in a conviction, but
5            the conviction was reversed or vacated.
6    (b) Expungement.
7        (1) A petitioner may petition the circuit court to
8    expunge the records of his or her arrests and charges not
9    initiated by arrest when:
10            (A) He or she has never been convicted of a
11        criminal offense; and
12            (B) Each arrest or charge not initiated by arrest
13        sought to be expunged resulted in: (i) acquittal,
14        dismissal, or the petitioner's release without
15        charging, unless excluded by subsection (a)(3)(B);
16        (ii) a conviction which was vacated or reversed, unless
17        excluded by subsection (a)(3)(B); (iii) an order of
18        supervision and such supervision was successfully
19        completed by the petitioner, unless excluded by
20        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
21        qualified probation (as defined in subsection
22        (a)(1)(J)) and such probation was successfully
23        completed by the petitioner.
24        (1.5) A petitioner convicted of a Class C misdemeanor,
25    other than a minor traffic offense, may petition the
26    circuit court to expunge the records of his or her arrests

 

 

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

 

 

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1            the Illinois Vehicle Code or a similar provision of
2            a local ordinance, that occurred prior to the
3            offender reaching the age of 25 years and the
4            offender has no other conviction for violating
5            Section 11-501 or 11-503 of the Illinois Vehicle
6            Code or a similar provision of a local ordinance
7            shall not be eligible for expungement until the
8            petitioner has reached the age of 25 years.
9                (ii) Those arrests or charges that resulted in
10            orders of supervision for any other offenses shall
11            not be eligible for expungement until 2 years have
12            passed following the satisfactory termination of
13            the supervision.
14            (C) When the arrest or charge not initiated by
15        arrest sought to be expunged resulted in an order of
16        qualified probation, successfully completed by the
17        petitioner, such records shall not be eligible for
18        expungement until 5 years have passed following the
19        satisfactory termination of the probation.
20            (D) When the arrest or charge not initiated by
21        arrest sought to be expunged resulted in a conviction
22        for a Class C misdemeanor, other than a minor traffic
23        offense, the records shall not be eligible for
24        expungement until one year has passed following the
25        satisfactory completion of his or her sentence.
26        (3) Those records maintained by the Department for

 

 

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1    persons arrested prior to their 17th birthday shall be
2    expunged as provided in Section 5-915 of the Juvenile Court
3    Act of 1987.
4        (4) Whenever a person has been arrested for or
5    convicted of any offense, in the name of a person whose
6    identity he or she has stolen or otherwise come into
7    possession of, the aggrieved person from whom the identity
8    was stolen or otherwise obtained without authorization,
9    upon learning of the person having been arrested using his
10    or her identity, may, upon verified petition to the chief
11    judge of the circuit wherein the arrest was made, have a
12    court order entered nunc pro tunc by the Chief Judge to
13    correct the arrest record, conviction record, if any, and
14    all official records of the arresting authority, the
15    Department, other criminal justice agencies, the
16    prosecutor, and the trial court concerning such arrest, if
17    any, by removing his or her name from all such records in
18    connection with the arrest and conviction, if any, and by
19    inserting in the records the name of the offender, if known
20    or ascertainable, in lieu of the aggrieved's name. The
21    records of the circuit court clerk shall be sealed until
22    further order of the court upon good cause shown and the
23    name of the aggrieved person obliterated on the official
24    index required to be kept by the circuit court clerk under
25    Section 16 of the Clerks of Courts Act, but the order shall
26    not affect any index issued by the circuit court clerk

 

 

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1    before the entry of the order. Nothing in this Section
2    shall limit the Department of State Police or other
3    criminal justice agencies or prosecutors from listing
4    under an offender's name the false names he or she has
5    used.
6        (5) Whenever a person has been convicted of criminal
7    sexual assault, aggravated criminal sexual assault,
8    predatory criminal sexual assault of a child, criminal
9    sexual abuse, or aggravated criminal sexual abuse, the
10    victim of that offense may request that the State's
11    Attorney of the county in which the conviction occurred
12    file a verified petition with the presiding trial judge at
13    the petitioner's trial to have a court order entered to
14    seal the records of the circuit court clerk in connection
15    with the proceedings of the trial court concerning that
16    offense. However, the records of the arresting authority
17    and the Department of State Police concerning the offense
18    shall not be sealed. The court, upon good cause shown,
19    shall make the records of the circuit court clerk in
20    connection with the proceedings of the trial court
21    concerning the offense available for public inspection.
22        (6) If a conviction has been set aside on direct review
23    or on collateral attack and the court determines by clear
24    and convincing evidence that the petitioner was factually
25    innocent of the charge, the court that finds the petitioner
26    factually innocent of the charge shall enter an expungement

 

 

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1    order for the conviction for which the petitioner has been
2    determined to be innocent as provided in subsection (b) of
3    Section 5-5-4 of the Unified Code of Corrections.
4        (7) Nothing in this Section shall prevent the
5    Department of State Police from maintaining all records of
6    any person who is admitted to probation upon terms and
7    conditions and who fulfills those terms and conditions
8    pursuant to Section 10 of the Cannabis Control Act, Section
9    410 of the Illinois Controlled Substances Act, Section 70
10    of the Methamphetamine Control and Community Protection
11    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
12    Corrections, Section 12-4.3 or subdivision (b)(1) of
13    Section 12-3.05 of the Criminal Code of 1961 or the
14    Criminal Code of 2012, Section 10-102 of the Illinois
15    Alcoholism and Other Drug Dependency Act, Section 40-10 of
16    the Alcoholism and Other Drug Abuse and Dependency Act, or
17    Section 10 of the Steroid Control Act.
18        (8) If the petitioner has been granted a certificate of
19    innocence under Section 2-702 of the Code of Civil
20    Procedure, the court that grants the certificate of
21    innocence shall also enter an order expunging the
22    conviction for which the petitioner has been determined to
23    be innocent as provided in subsection (h) of Section 2-702
24    of the Code of Civil Procedure.
25    (c) Sealing.
26        (1) Applicability. Notwithstanding any other provision

 

 

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1    of this Act to the contrary, and cumulative with any rights
2    to expungement of criminal records, this subsection
3    authorizes the sealing of criminal records of adults and of
4    minors prosecuted as adults.
5        (2) Eligible Records. The following records may be
6    sealed:
7            (A) All arrests resulting in release without
8        charging;
9            (B) Arrests or charges not initiated by arrest
10        resulting in acquittal, dismissal, or conviction when
11        the conviction was reversed or vacated, except as
12        excluded by subsection (a)(3)(B);
13            (C) Arrests or charges not initiated by arrest
14        resulting in orders of supervision successfully
15        completed by the petitioner, unless excluded by
16        subsection (a)(3);
17            (D) Arrests or charges not initiated by arrest
18        resulting in convictions unless excluded by subsection
19        (a)(3);
20            (E) Arrests or charges not initiated by arrest
21        resulting in orders of first offender probation under
22        Section 10 of the Cannabis Control Act, Section 410 of
23        the Illinois Controlled Substances Act, Section 70 of
24        the Methamphetamine Control and Community Protection
25        Act, or Section 5-6-3.3 of the Unified Code of
26        Corrections; and

 

 

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1            (F) Arrests or charges not initiated by arrest
2        resulting in felony convictions for the following
3        offenses:
4                (i) Class 4 felony convictions for:
5                    Prostitution under Section 11-14 of the
6                Criminal Code of 1961 or the Criminal Code of
7                2012.
8                    Possession of cannabis under Section 4 of
9                the Cannabis Control Act.
10                    Possession of a controlled substance under
11                Section 402 of the Illinois Controlled
12                Substances Act.
13                    Offenses under the Methamphetamine
14                Precursor Control Act.
15                    Offenses under the Steroid Control Act.
16                    Theft under Section 16-1 of the Criminal
17                Code of 1961 or the Criminal Code of 2012.
18                    Retail theft under Section 16A-3 or
19                paragraph (a) of 16-25 of the Criminal Code of
20                1961 or the Criminal Code of 2012.
21                    Deceptive practices under Section 17-1 of
22                the Criminal Code of 1961 or the Criminal Code
23                of 2012.
24                    Forgery under Section 17-3 of the Criminal
25                Code of 1961 or the Criminal Code of 2012.
26                    Possession of burglary tools under Section

 

 

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1                19-2 of the Criminal Code of 1961 or the
2                Criminal Code of 2012.
3            (ii) Class 3 felony convictions for:
4                    Theft under Section 16-1 of the Criminal
5                Code of 1961 or the Criminal Code of 2012.
6                    Retail theft under Section 16A-3 or
7                paragraph (a) of 16-25 of the Criminal Code of
8                1961 or the Criminal Code of 2012.
9                    Deceptive practices under Section 17-1 of
10                the Criminal Code of 1961 or the Criminal Code
11                of 2012.
12                    Forgery under Section 17-3 of the Criminal
13                Code of 1961 or the Criminal Code of 2012.
14                    Possession with intent to manufacture or
15                deliver a controlled substance under Section
16                401 of the Illinois Controlled Substances Act.
17        (3) When Records Are Eligible to Be Sealed. Records
18    identified as eligible under subsection (c)(2) may be
19    sealed as follows:
20            (A) Records identified as eligible under
21        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
22        time.
23            (B) Records identified as eligible under
24        subsection (c)(2)(C) may be sealed (i) 3 years after
25        the termination of petitioner's last sentence (as
26        defined in subsection (a)(1)(F)) if the petitioner has

 

 

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

 

 

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

 

 

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

 

 

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1        may file an objection to the petition. All objections
2        shall be in writing, shall be filed with the circuit
3        court clerk, and shall state with specificity the basis
4        of the objection.
5            (B) Objections to a petition to expunge or seal
6        must be filed within 60 days of the date of service of
7        the petition.
8        (6) Entry of order.
9            (A) The Chief Judge of the circuit wherein the
10        charge was brought, any judge of that circuit
11        designated by the Chief Judge, or in counties of less
12        than 3,000,000 inhabitants, the presiding trial judge
13        at the petitioner's trial, if any, shall rule on the
14        petition to expunge or seal as set forth in this
15        subsection (d)(6).
16            (B) Unless the State's Attorney or prosecutor, the
17        Department of State Police, the arresting agency, or
18        the chief legal officer files an objection to the
19        petition to expunge or seal within 60 days from the
20        date of service of the petition, the court shall enter
21        an order granting or denying the petition.
22        (7) Hearings. If an objection is filed, the court shall
23    set a date for a hearing and notify the petitioner and all
24    parties entitled to notice of the petition of the hearing
25    date at least 30 days prior to the hearing. Prior to the
26    hearing, the State's Attorney shall consult with the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09800HB5815ham001- 27 -LRB098 18941 MRW 56535 a

1        from anyone not authorized by law to access such
2        records, the court, the Department, or the agency
3        receiving such inquiry shall reply as it does in
4        response to inquiries when no records ever existed.
5            (D) The Department shall send written notice to the
6        petitioner of its compliance with each order to expunge
7        or seal records within 60 days of the date of service
8        of that order or, if a motion to vacate, modify, or
9        reconsider is filed, within 60 days of service of the
10        order resolving the motion, if that order requires the
11        Department to expunge or seal records. In the event of
12        an appeal from the circuit court order, the Department
13        shall send written notice to the petitioner of its
14        compliance with an Appellate Court or Supreme Court
15        judgment to expunge or seal records within 60 days of
16        the issuance of the court's mandate. The notice is not
17        required while any motion to vacate, modify, or
18        reconsider, or any appeal or petition for
19        discretionary appellate review, is pending.
20        (10) Fees. The Department may charge the petitioner a
21    fee equivalent to the cost of processing any order to
22    expunge or seal records. Notwithstanding any provision of
23    the Clerks of Courts Act to the contrary, the circuit court
24    clerk may charge a fee equivalent to the cost associated
25    with the sealing or expungement of records by the circuit
26    court clerk. From the total filing fee collected for the

 

 

09800HB5815ham001- 28 -LRB098 18941 MRW 56535 a

1    petition to seal or expunge, the circuit court clerk shall
2    deposit $10 into the Circuit Court Clerk Operation and
3    Administrative Fund, to be used to offset the costs
4    incurred by the circuit court clerk in performing the
5    additional duties required to serve the petition to seal or
6    expunge on all parties. The circuit court clerk shall
7    collect and forward the Department of State Police portion
8    of the fee to the Department and it shall be deposited in
9    the State Police Services Fund.
10        (11) Final Order. No court order issued under the
11    expungement or sealing provisions of this Section shall
12    become final for purposes of appeal until 30 days after
13    service of the order on the petitioner and all parties
14    entitled to notice of the petition.
15        (12) Motion to Vacate, Modify, or Reconsider. Under
16    Section 2-1203 of the Code of Civil Procedure, the
17    petitioner or any party entitled to notice may file a
18    motion to vacate, modify, or reconsider the order granting
19    or denying the petition to expunge or seal within 60 days
20    of service of the order. If filed more than 60 days after
21    service of the order, a petition to vacate, modify, or
22    reconsider shall comply with subsection (c) of Section
23    2-1401 of the Code of Civil Procedure. Upon filing of a
24    motion to vacate, modify, or reconsider, notice of the
25    motion shall be served upon the petitioner and all parties
26    entitled to notice of the petition.

 

 

09800HB5815ham001- 29 -LRB098 18941 MRW 56535 a

1        (13) Effect of Order. An order granting a petition
2    under the expungement or sealing provisions of this Section
3    shall not be considered void because it fails to comply
4    with the provisions of this Section or because of any error
5    asserted in a motion to vacate, modify, or reconsider. The
6    circuit court retains jurisdiction to determine whether
7    the order is voidable and to vacate, modify, or reconsider
8    its terms based on a motion filed under paragraph (12) of
9    this subsection (d).
10        (14) Compliance with Order Granting Petition to Seal
11    Records. Unless a court has entered a stay of an order
12    granting a petition to seal, all parties entitled to notice
13    of the petition must fully comply with the terms of the
14    order within 60 days of service of the order even if a
15    party is seeking relief from the order through a motion
16    filed under paragraph (12) of this subsection (d) or is
17    appealing the order.
18        (15) Compliance with Order Granting Petition to
19    Expunge Records. While a party is seeking relief from the
20    order granting the petition to expunge through a motion
21    filed under paragraph (12) of this subsection (d) or is
22    appealing the order, and unless a court has entered a stay
23    of that order, the parties entitled to notice of the
24    petition must seal, but need not expunge, the records until
25    there is a final order on the motion for relief or, in the
26    case of an appeal, the issuance of that court's mandate.

 

 

09800HB5815ham001- 30 -LRB098 18941 MRW 56535 a

1        (16) The changes to this subsection (d) made by Public
2    Act 98-163 this amendatory Act of the 98th General Assembly
3    apply to all petitions pending on August 5, 2013 (the
4    effective date of Public Act 98-163) this amendatory Act of
5    the 98th General Assembly and to all orders ruling on a
6    petition to expunge or seal on or after August 5, 2013 (the
7    effective date of Public Act 98-163) this amendatory Act of
8    the 98th General Assembly.
9    (e) Whenever a person who has been convicted of an offense
10is granted a pardon by the Governor which specifically
11authorizes expungement, he or she may, upon verified petition
12to the Chief Judge of the circuit where the person had been
13convicted, any judge of the circuit designated by the Chief
14Judge, or in counties of less than 3,000,000 inhabitants, the
15presiding trial judge at the defendant's trial, have a court
16order entered expunging the record of arrest from the official
17records of the arresting authority and order that the records
18of the circuit court clerk and the Department be sealed until
19further order of the court upon good cause shown or as
20otherwise provided herein, and the name of the defendant
21obliterated from the official index requested to be kept by the
22circuit court clerk under Section 16 of the Clerks of Courts
23Act in connection with the arrest and conviction for the
24offense for which he or she had been pardoned but the order
25shall not affect any index issued by the circuit court clerk
26before the entry of the order. All records sealed by the

 

 

09800HB5815ham001- 31 -LRB098 18941 MRW 56535 a

1Department may be disseminated by the Department only to the
2arresting authority, the State's Attorney, and the court upon a
3later arrest for the same or similar offense or for the purpose
4of sentencing for any subsequent felony. Upon conviction for
5any subsequent offense, the Department of Corrections shall
6have access to all sealed records of the Department pertaining
7to that individual. Upon entry of the order of expungement, the
8circuit court clerk shall promptly mail a copy of the order to
9the person who was pardoned.
10    (e-5) Whenever a person who has been convicted of an
11offense is granted a certificate of eligibility for sealing by
12the Prisoner Review Board which specifically authorizes
13sealing, he or she may, upon verified petition to the Chief
14Judge of the circuit where the person had been convicted, any
15judge of the circuit designated by the Chief Judge, or in
16counties of less than 3,000,000 inhabitants, the presiding
17trial judge at the petitioner's trial, have a court order
18entered sealing the record of arrest from the official records
19of the arresting authority and order that the records of the
20circuit court clerk and the Department be sealed until further
21order of the court upon good cause shown or as otherwise
22provided herein, and the name of the petitioner obliterated
23from the official index requested to be kept by the circuit
24court clerk under Section 16 of the Clerks of Courts Act in
25connection with the arrest and conviction for the offense for
26which he or she had been granted the certificate but the order

 

 

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

 

 

09800HB5815ham001- 33 -LRB098 18941 MRW 56535 a

1obliterated from the official index requested to be kept by the
2circuit court clerk under Section 16 of the Clerks of Courts
3Act in connection with the arrest and conviction for the
4offense for which he or she had been granted the certificate
5but the order shall not affect any index issued by the circuit
6court clerk before the entry of the order. All records sealed
7by the Department may be disseminated by the Department only as
8required by this Act or to the arresting authority, a law
9enforcement agency, the State's Attorney, and the court upon a
10later arrest for the same or similar offense or for the purpose
11of sentencing for any subsequent felony. Upon conviction for
12any subsequent offense, the Department of Corrections shall
13have access to all expunged records of the Department
14pertaining to that individual. Upon entry of the order of
15expungement, the circuit court clerk shall promptly mail a copy
16of the order to the person who was granted the certificate of
17eligibility for expungement.
18    (f) Subject to available funding, the Illinois Department
19of Corrections shall conduct a study of the impact of sealing,
20especially on employment and recidivism rates, utilizing a
21random sample of those who apply for the sealing of their
22criminal records under Public Act 93-211. At the request of the
23Illinois Department of Corrections, records of the Illinois
24Department of Employment Security shall be utilized as
25appropriate to assist in the study. The study shall not
26disclose any data in a manner that would allow the

 

 

09800HB5815ham001- 34 -LRB098 18941 MRW 56535 a

1identification of any particular individual or employing unit.
2The study shall be made available to the General Assembly no
3later than September 1, 2010.
4(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
597-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
61-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
7eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
8eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
99-4-13.)".