Illinois General Assembly - Bill Status for SB3458

Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that the Prisoner Review Board, upon a petition by a person who has been convicted of a Class 3 or 4 felony and who meets other eligibility requirements, shall hear by a panel of at least 3 members and, with the unanimous vote of 3 members, issue a certificate of eligibility recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction of the person for the Class 3 or 4 felony. Excludes from eligibility persons convicted of violent crimes, sex offenses, or DUI.

Replaces everything after the enacting clause. Amends the Criminal Identification Act and the Unified Code of Corrections. Reinserts the provisions of the bill, except: (1) provides that the decision to issue or refrain from issuing a certificate of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members; (2) provides that a person convicted of an offense under the Criminal Code of 1961 involving a firearm may not apply to the Board for a certificate of eligibility for sealing; (3) provides that a person convicted of a violation of the Cannabis Control Act, Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or the Methamphetamine Precursor Tracking Act may not apply to the Board for a certificate of eligibility for sealing unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully; and (4) provides that a person may not apply to the Board for a certificate of eligibility for sealing if the person has been convicted of any crime defined as a crime of violence under the Crime Victims Compensation Act (rather than a violent crime under the Rights of Crime Victims and Witnesses Act).

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that upon the request of (i) an insured depository institution, as defined by the Federal Deposit Insurance Corporation Act, (ii) a depository institution holding company, as defined by the Federal Deposit Insurance Corporation Act, (iii) a foreign banking corporation, as defined by the Foreign Banking Office Act, (iv) a corporate fiduciary, as defined by the Corporate Fiduciary Act, (v) a credit union, as defined in the Illinois Credit Union Act, or (vi) a subsidiary of any entity listed in items (i) through (v) (each such entity or subsidiary hereinafter referred to as a "requesting institution"), to ascertain whether any employee of the requesting institution, applicant for employment by the requesting institution, or officer, director, agent, institution-affiliated party, or any other party who owns or controls, directly or indirectly, or participates, directly or indirectly, in the affairs of the requesting institution, has been convicted of a felony or of any criminal offense relating to dishonesty, breach of trust, or money laundering, the Department shall furnish the conviction information to the requesting institution. Further amends the Unified Code of Corrections concerning the new provisions for sealing Class 3 or 4 felonies. Provides that the Board may only authorize the sealing of Class 3 and 4 felony convictions from one information or indictment of the petitioner and a petitioner may receive only one certificate of eligibility for sealing for life under the provisions of the amendatory Act.

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