Illinois General Assembly - Bill Status for SB1004

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that if a petitioner has been granted a certificate of innocence under the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent, notwithstanding the presence of additional felony charges or criminal convictions present on the petitioner's record. Provides that provision of the Unified Code of Corrections concerning a conviction or sentence that has been set aside on direct review or on collateral attack in which the court determines by clear and convincing evidence that the defendant was factually innocent of the charge does not prevent the court from entering the expungement order for a petitioner who has been granted a certificate of innocence under the Code of Civil Procedure. Provides that the court shall execute the expungement according to the process established in the Code of Civil Procedure. Provides that the procedures established in the expungement statute do not govern or control this provision. Provides that the effect of the order shall be to restore the person to the status he or she occupied prior to the arrest, plea, or conviction for which he or she was determined to be innocent. Provides that no person as to whom the order has been entered shall be held thereafter, under any provision of any law, to be guilty of perjury or otherwise giving a false statement due to his or her failure to recite or acknowledge the arrest, plea, trial, conviction, or expungement in response to any inquiry made of him or her for any purpose whatsoever. Amends the Code of Civil Procedure. Provides that upon entry of the certificate of innocence, the court shall enter an order requiring the arresting agency, the Department of State Police, and any other agency as ordered by the court to expunge the records of arrest and conviction for the offense that the petitioner was found to be innocent, within 60 days of the date of service. The order shall also order that the records of the clerk of the circuit court regarding the arrest and conviction for the offense be impounded until further order of the court upon good cause shown or as otherwise provided, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under the Clerks of Courts Act in connection with the arrest and conviction for the offense but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Provides that if one is pardoned by the Governor based on the grounds of innocence for the crime for which he or she was imprisoned, the individual must file for an expungement as provided in the expungement statute. Amends the Unified Code of Corrections to make a conforming change.

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