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Full Text of SB2496  101st General Assembly

SB2496 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2496

 

Introduced 1/28/2020, by Sen. Christopher Belt and Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Provides that no fee shall be required if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except for the expungement or sealing of certain records of minor traffic violations. Eliminates the county fee waiver pilot program that was only applicable in counties of 3,000,000 or more inhabitants that was set to expire on January 1, 2021.


LRB101 15579 RLC 64925 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2496LRB101 15579 RLC 64925 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement, sealing, and immediate sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the 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            (G-5) "Minor Cannabis Offense" means a violation
9        of Section 4 or 5 of the Cannabis Control Act
10        concerning not more than 30 grams of any substance
11        containing cannabis, provided the violation did not
12        include a penalty enhancement under Section 7 of the
13        Cannabis Control Act and is not associated with an
14        arrest, conviction or other disposition for a violent
15        crime as defined in subsection (c) of Section 3 of the
16        Rights of Crime Victims and Witnesses Act.
17            (H) "Municipal ordinance violation" means an
18        offense defined by a municipal or local ordinance that
19        is criminal in nature and with which the petitioner was
20        charged or for which the petitioner was arrested and
21        released without charging.
22            (I) "Petitioner" means an adult or a minor
23        prosecuted as an adult who has applied for relief under
24        this Section.
25            (J) "Qualified probation" means an order of
26        probation under Section 10 of the Cannabis Control Act,

 

 

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1        Section 410 of the Illinois Controlled Substances Act,
2        Section 70 of the Methamphetamine Control and
3        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
4        of the Unified Code of Corrections, Section
5        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
6        those provisions existed before their deletion by
7        Public Act 89-313), Section 10-102 of the Illinois
8        Alcoholism and Other Drug Dependency Act, Section
9        40-10 of the Substance Use Disorder Act, or Section 10
10        of the Steroid Control Act. For the purpose of this
11        Section, "successful completion" of an order of
12        qualified probation under Section 10-102 of the
13        Illinois Alcoholism and Other Drug Dependency Act and
14        Section 40-10 of the Substance Use Disorder Act means
15        that the probation was terminated satisfactorily and
16        the judgment of conviction was vacated.
17            (K) "Seal" means to physically and electronically
18        maintain the records, unless the records would
19        otherwise be destroyed due to age, but to make the
20        records unavailable without a court order, subject to
21        the exceptions in Sections 12 and 13 of this Act. The
22        petitioner's name shall also be obliterated from the
23        official index required to be kept by the circuit court
24        clerk under Section 16 of the Clerks of Courts Act, but
25        any index issued by the circuit court clerk before the
26        entry of the order to seal shall not be affected.

 

 

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1            (L) "Sexual offense committed against a minor"
2        includes, but is not limited to, the offenses of
3        indecent solicitation of a child or criminal sexual
4        abuse when the victim of such offense is under 18 years
5        of age.
6            (M) "Terminate" as it relates to a sentence or
7        order of supervision or qualified probation includes
8        either satisfactory or unsatisfactory termination of
9        the sentence, unless otherwise specified in this
10        Section. A sentence is terminated notwithstanding any
11        outstanding financial legal obligation.
12        (2) Minor Traffic Offenses. Orders of supervision or
13    convictions for minor traffic offenses shall not affect a
14    petitioner's eligibility to expunge or seal records
15    pursuant to this Section.
16        (2.5) Commencing 180 days after July 29, 2016 (the
17    effective date of Public Act 99-697), the law enforcement
18    agency issuing the citation shall automatically expunge,
19    on or before January 1 and July 1 of each year, the law
20    enforcement records of a person found to have committed a
21    civil law violation of subsection (a) of Section 4 of the
22    Cannabis Control Act or subsection (c) of Section 3.5 of
23    the Drug Paraphernalia Control Act in the law enforcement
24    agency's possession or control and which contains the final
25    satisfactory disposition which pertain to the person
26    issued a citation for that offense. The law enforcement

 

 

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1    agency shall provide by rule the process for access,
2    review, and to confirm the automatic expungement by the law
3    enforcement agency issuing the citation. Commencing 180
4    days after July 29, 2016 (the effective date of Public Act
5    99-697), the clerk of the circuit court shall expunge, upon
6    order of the court, or in the absence of a court order on
7    or before January 1 and July 1 of each year, the court
8    records of a person found in the circuit court to have
9    committed a civil law violation of subsection (a) of
10    Section 4 of the Cannabis Control Act or subsection (c) of
11    Section 3.5 of the Drug Paraphernalia Control Act in the
12    clerk's possession or control and which contains the final
13    satisfactory disposition which pertain to the person
14    issued a citation for any of those offenses.
15        (3) Exclusions. Except as otherwise provided in
16    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
17    of this Section, the court shall not order:
18            (A) the sealing or expungement of the records of
19        arrests or charges not initiated by arrest that result
20        in an order of supervision for or conviction of: (i)
21        any sexual offense committed against a minor; (ii)
22        Section 11-501 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance; or (iii)
24        Section 11-503 of the Illinois Vehicle Code or a
25        similar provision of a local ordinance, unless the
26        arrest or charge is for a misdemeanor violation of

 

 

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1        subsection (a) of Section 11-503 or a similar provision
2        of a local ordinance, that occurred prior to the
3        offender reaching the age of 25 years and the offender
4        has no other conviction for violating Section 11-501 or
5        11-503 of the Illinois Vehicle Code or a similar
6        provision of a local ordinance.
7            (B) the sealing or expungement of records of minor
8        traffic offenses (as defined in subsection (a)(1)(G)),
9        unless the petitioner was arrested and released
10        without charging.
11            (C) the sealing of the records of arrests or
12        charges not initiated by arrest which result in an
13        order of supervision or a conviction for the following
14        offenses:
15                (i) offenses included in Article 11 of the
16            Criminal Code of 1961 or the Criminal Code of 2012
17            or a similar provision of a local ordinance, except
18            Section 11-14 and a misdemeanor violation of
19            Section 11-30 of the Criminal Code of 1961 or the
20            Criminal Code of 2012, or a similar provision of a
21            local ordinance;
22                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
23            26-5, or 48-1 of the Criminal Code of 1961 or the
24            Criminal Code of 2012, or a similar provision of a
25            local ordinance;
26                (iii) Sections 12-3.1 or 12-3.2 of the

 

 

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1            Criminal Code of 1961 or the Criminal Code of 2012,
2            or Section 125 of the Stalking No Contact Order
3            Act, or Section 219 of the Civil No Contact Order
4            Act, or a similar provision of a local ordinance;
5                (iv) Class A misdemeanors or felony offenses
6            under the Humane Care for Animals Act; or
7                (v) any offense or attempted offense that
8            would subject a person to registration under the
9            Sex Offender Registration Act.
10            (D) (blank).
11    (b) Expungement.
12        (1) A petitioner may petition the circuit court to
13    expunge the records of his or her arrests and charges not
14    initiated by arrest when each arrest or charge not
15    initiated by arrest sought to be expunged resulted in: (i)
16    acquittal, dismissal, or the petitioner's release without
17    charging, unless excluded by subsection (a)(3)(B); (ii) a
18    conviction which was vacated or reversed, unless excluded
19    by subsection (a)(3)(B); (iii) an order of supervision and
20    such supervision was successfully completed by the
21    petitioner, unless excluded by subsection (a)(3)(A) or
22    (a)(3)(B); or (iv) an order of qualified probation (as
23    defined in subsection (a)(1)(J)) and such probation was
24    successfully completed by the petitioner.
25        (1.5) When a petitioner seeks to have a record of
26    arrest expunged under this Section, and the offender has

 

 

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

 

 

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1            in orders of supervision for a misdemeanor
2            violation of subsection (a) of Section 11-503 of
3            the Illinois Vehicle Code or a similar provision of
4            a local ordinance, that occurred prior to the
5            offender reaching the age of 25 years and the
6            offender has no other conviction for violating
7            Section 11-501 or 11-503 of the Illinois Vehicle
8            Code or a similar provision of a local ordinance
9            shall not be eligible for expungement until the
10            petitioner has reached the age of 25 years.
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 that finds the petitioner
22    factually innocent of the charge shall enter an expungement
23    order for the conviction for which the petitioner has been
24    determined to be innocent as provided in subsection (b) of
25    Section 5-5-4 of the Unified Code of Corrections.
26        (7) Nothing in this Section shall prevent the

 

 

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1    Department of State Police from maintaining all records of
2    any person who is admitted to probation upon terms and
3    conditions and who fulfills those terms and conditions
4    pursuant to Section 10 of the Cannabis Control Act, Section
5    410 of the Illinois Controlled Substances Act, Section 70
6    of the Methamphetamine Control and Community Protection
7    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
8    Corrections, Section 12-4.3 or subdivision (b)(1) of
9    Section 12-3.05 of the Criminal Code of 1961 or the
10    Criminal Code of 2012, Section 10-102 of the Illinois
11    Alcoholism and Other Drug Dependency Act, Section 40-10 of
12    the Substance Use Disorder Act, or Section 10 of the
13    Steroid Control Act.
14        (8) If the petitioner has been granted a certificate of
15    innocence under Section 2-702 of the Code of Civil
16    Procedure, the court that grants the certificate of
17    innocence shall also enter an order expunging the
18    conviction for which the petitioner has been determined to
19    be innocent as provided in subsection (h) of Section 2-702
20    of the Code of Civil Procedure.
21    (c) Sealing.
22        (1) Applicability. Notwithstanding any other provision
23    of this Act to the contrary, and cumulative with any rights
24    to expungement of criminal records, this subsection
25    authorizes the sealing of criminal records of adults and of
26    minors prosecuted as adults. Subsection (g) of this Section

 

 

SB2496- 15 -LRB101 15579 RLC 64925 b

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

 

 

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1        resulting in felony convictions unless otherwise
2        excluded by subsection (a) paragraph (3) of this
3        Section.
4        (3) When Records Are Eligible to Be Sealed. Records
5    identified as eligible under subsection (c)(2) may be
6    sealed as follows:
7            (A) Records identified as eligible under
8        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
9        time.
10            (B) Except as otherwise provided in subparagraph
11        (E) of this paragraph (3), records identified as
12        eligible under subsection (c)(2)(C) may be sealed 2
13        years after the termination of petitioner's last
14        sentence (as defined in subsection (a)(1)(F)).
15            (C) Except as otherwise provided in subparagraph
16        (E) of this paragraph (3), records identified as
17        eligible under subsections (c)(2)(D), (c)(2)(E), and
18        (c)(2)(F) may be sealed 3 years after the termination
19        of the petitioner's last sentence (as defined in
20        subsection (a)(1)(F)). Convictions requiring public
21        registration under the Arsonist Registration Act, the
22        Sex Offender Registration Act, or the Murderer and
23        Violent Offender Against Youth Registration Act may
24        not be sealed until the petitioner is no longer
25        required to register under that relevant Act.
26            (D) Records identified in subsection

 

 

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1        (a)(3)(A)(iii) may be sealed after the petitioner has
2        reached the age of 25 years.
3            (E) Records identified as eligible under
4        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
5        (c)(2)(F) may be sealed upon termination of the
6        petitioner's last sentence if the petitioner earned a
7        high school diploma, associate's degree, career
8        certificate, vocational technical certification, or
9        bachelor's degree, or passed the high school level Test
10        of General Educational Development, during the period
11        of his or her sentence or mandatory supervised release.
12        This subparagraph shall apply only to a petitioner who
13        has not completed the same educational goal prior to
14        the period of his or her sentence or mandatory
15        supervised release. If a petition for sealing eligible
16        records filed under this subparagraph is denied by the
17        court, the time periods under subparagraph (B) or (C)
18        shall apply to any subsequent petition for sealing
19        filed by the petitioner.
20        (4) Subsequent felony convictions. A person may not
21    have subsequent felony conviction records sealed as
22    provided in this subsection (c) if he or she is convicted
23    of any felony offense after the date of the sealing of
24    prior felony convictions as provided in this subsection
25    (c). The court may, upon conviction for a subsequent felony
26    offense, order the unsealing of prior felony conviction

 

 

SB2496- 18 -LRB101 15579 RLC 64925 b

1    records previously ordered sealed by the court.
2        (5) Notice of eligibility for sealing. Upon entry of a
3    disposition for an eligible record under this subsection
4    (c), the petitioner shall be informed by the court of the
5    right to have the records sealed and the procedures for the
6    sealing of the records.
7    (d) Procedure. The following procedures apply to
8expungement under subsections (b), (e), and (e-6) and sealing
9under subsections (c) and (e-5):
10        (1) Filing the petition. Upon becoming eligible to
11    petition for the expungement or sealing of records under
12    this Section, the petitioner shall file a petition
13    requesting the expungement or sealing of records with the
14    clerk of the court where the arrests occurred or the
15    charges were brought, or both. If arrests occurred or
16    charges were brought in multiple jurisdictions, a petition
17    must be filed in each such jurisdiction. The petitioner
18    shall pay the applicable fee, except no fee shall be
19    required if the petitioner has obtained a court order
20    waiving fees under Supreme Court Rule 298 or it is
21    otherwise waived.
22        (1.5) Fee County fee waiver pilot program. No fee shall
23    be required if the records sought to be expunged or sealed
24    were arrests resulting in release without charging or
25    arrests or charges not initiated by arrest resulting in
26    acquittal, dismissal, or conviction when the conviction

 

 

SB2496- 19 -LRB101 15579 RLC 64925 b

1    was reversed or vacated, except as excluded by subsection
2    (a)(3)(B) From the effective date of this amendatory Act of
3    the 101st General Assembly through December 31, 2020, in a
4    county of 3,000,000 or more inhabitants, no fee shall be
5    required to be paid by a petitioner if the records sought
6    to be expunged or sealed were arrests resulting in release
7    without charging or arrests or charges not initiated by
8    arrest resulting in acquittal, dismissal, or conviction
9    when the conviction was reversed or vacated, unless
10    excluded by subsection (a)(3)(B). The provisions of this
11    paragraph (1.5), other than this sentence, are inoperative
12    on and after January 1, 2021.
13        (2) Contents of petition. The petition shall be
14    verified and shall contain the petitioner's name, date of
15    birth, current address and, for each arrest or charge not
16    initiated by arrest sought to be sealed or expunged, the
17    case number, the date of arrest (if any), the identity of
18    the arresting authority, and such other information as the
19    court may require. During the pendency of the proceeding,
20    the petitioner shall promptly notify the circuit court
21    clerk of any change of his or her address. If the
22    petitioner has received a certificate of eligibility for
23    sealing from the Prisoner Review Board under paragraph (10)
24    of subsection (a) of Section 3-3-2 of the Unified Code of
25    Corrections, the certificate shall be attached to the
26    petition.

 

 

SB2496- 20 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 21 -LRB101 15579 RLC 64925 b

1        shall be in writing, shall be filed with the circuit
2        court clerk, and shall state with specificity the basis
3        of the objection. Whenever a person who has been
4        convicted of an offense is granted a pardon by the
5        Governor which specifically authorizes expungement, an
6        objection to the petition may not be filed.
7            (B) Objections to a petition to expunge or seal
8        must be filed within 60 days of the date of service of
9        the petition.
10        (6) Entry of order.
11            (A) The Chief Judge of the circuit wherein the
12        charge was brought, any judge of that circuit
13        designated by the Chief Judge, or in counties of less
14        than 3,000,000 inhabitants, the presiding trial judge
15        at the petitioner's trial, if any, shall rule on the
16        petition to expunge or seal as set forth in this
17        subsection (d)(6).
18            (B) Unless the State's Attorney or prosecutor, the
19        Department of State Police, the arresting agency, or
20        the chief legal officer files an objection to the
21        petition to expunge or seal within 60 days from the
22        date of service of the petition, the court shall enter
23        an order granting or denying the petition.
24            (C) Notwithstanding any other provision of law,
25        the court shall not deny a petition for sealing under
26        this Section because the petitioner has not satisfied

 

 

SB2496- 22 -LRB101 15579 RLC 64925 b

1        an outstanding legal financial obligation established,
2        imposed, or originated by a court, law enforcement
3        agency, or a municipal, State, county, or other unit of
4        local government, including, but not limited to, any
5        cost, assessment, fine, or fee. An outstanding legal
6        financial obligation does not include any court
7        ordered restitution to a victim under Section 5-5-6 of
8        the Unified Code of Corrections, unless the
9        restitution has been converted to a civil judgment.
10        Nothing in this subparagraph (C) waives, rescinds, or
11        abrogates a legal financial obligation or otherwise
12        eliminates or affects the right of the holder of any
13        financial obligation to pursue collection under
14        applicable federal, State, or local law.
15        (7) Hearings. If an objection is filed, the court shall
16    set a date for a hearing and notify the petitioner and all
17    parties entitled to notice of the petition of the hearing
18    date at least 30 days prior to the hearing. Prior to the
19    hearing, the State's Attorney shall consult with the
20    Department as to the appropriateness of the relief sought
21    in the petition to expunge or seal. At the hearing, the
22    court shall hear evidence on whether the petition should or
23    should not be granted, and shall grant or deny the petition
24    to expunge or seal the records based on the evidence
25    presented at the hearing. The court may consider the
26    following:

 

 

SB2496- 23 -LRB101 15579 RLC 64925 b

1            (A) the strength of the evidence supporting the
2        defendant's conviction;
3            (B) the reasons for retention of the conviction
4        records by the State;
5            (C) the petitioner's age, criminal record history,
6        and employment history;
7            (D) the period of time between the petitioner's
8        arrest on the charge resulting in the conviction and
9        the filing of the petition under this Section; and
10            (E) the specific adverse consequences the
11        petitioner may be subject to if the petition is denied.
12        (8) Service of order. After entering an order to
13    expunge or seal records, the court must provide copies of
14    the order to the Department, in a form and manner
15    prescribed by the Department, to the petitioner, to the
16    State's Attorney or prosecutor charged with the duty of
17    prosecuting the offense, to the arresting agency, to the
18    chief legal officer of the unit of local government
19    effecting the arrest, and to such other criminal justice
20    agencies as may be ordered by the court.
21        (9) Implementation of order.
22            (A) Upon entry of an order to expunge records
23        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
24                (i) the records shall be expunged (as defined
25            in subsection (a)(1)(E)) by the arresting agency,
26            the Department, and any other agency as ordered by

 

 

SB2496- 24 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 25 -LRB101 15579 RLC 64925 b

1            subsection (d) of this Section;
2                (ii) the records of the circuit court clerk
3            shall be impounded until further order of the court
4            upon good cause shown and the name of the
5            petitioner obliterated on the official index
6            required to be kept by the circuit court clerk
7            under Section 16 of the Clerks of Courts Act, but
8            the order shall not affect any index issued by the
9            circuit court clerk before the entry of the order;
10                (iii) the records shall be impounded by the
11            Department within 60 days of the date of service of
12            the order as ordered by the court, unless a motion
13            to vacate, modify, or reconsider the order is filed
14            pursuant to paragraph (12) of subsection (d) of
15            this Section;
16                (iv) records impounded by the Department may
17            be disseminated by the Department only as required
18            by law or to the arresting authority, the State's
19            Attorney, and the court upon a later arrest for the
20            same or a similar offense or for the purpose of
21            sentencing for any subsequent felony, and to the
22            Department of Corrections upon conviction for any
23            offense; and
24                (v) in response to an inquiry for such records
25            from anyone not authorized by law to access such
26            records, the court, the Department, or the agency

 

 

SB2496- 26 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 27 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 28 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 29 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 30 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 31 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 32 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 33 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 34 -LRB101 15579 RLC 64925 b

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

 

 

SB2496- 35 -LRB101 15579 RLC 64925 b

1pertaining to that individual. Upon entry of the order of
2expungement, the circuit court clerk shall promptly mail a copy
3of the order to the person who was granted the certificate of
4eligibility for expungement.
5    (f) Subject to available funding, the Illinois Department
6of Corrections shall conduct a study of the impact of sealing,
7especially on employment and recidivism rates, utilizing a
8random sample of those who apply for the sealing of their
9criminal records under Public Act 93-211. At the request of the
10Illinois Department of Corrections, records of the Illinois
11Department of Employment Security shall be utilized as
12appropriate to assist in the study. The study shall not
13disclose any data in a manner that would allow the
14identification of any particular individual or employing unit.
15The study shall be made available to the General Assembly no
16later than September 1, 2010.
17    (g) Immediate Sealing.
18        (1) Applicability. Notwithstanding any other provision
19    of this Act to the contrary, and cumulative with any rights
20    to expungement or sealing of criminal records, this
21    subsection authorizes the immediate sealing of criminal
22    records of adults and of minors prosecuted as adults.
23        (2) Eligible Records. Arrests or charges not initiated
24    by arrest resulting in acquittal or dismissal with
25    prejudice, except as excluded by subsection (a)(3)(B),
26    that occur on or after January 1, 2018 (the effective date

 

 

SB2496- 36 -LRB101 15579 RLC 64925 b

1    of Public Act 100-282), may be sealed immediately if the
2    petition is filed with the circuit court clerk on the same
3    day and during the same hearing in which the case is
4    disposed.
5        (3) When Records are Eligible to be Immediately Sealed.
6    Eligible records under paragraph (2) of this subsection (g)
7    may be sealed immediately after entry of the final
8    disposition of a case, notwithstanding the disposition of
9    other charges in the same case.
10        (4) Notice of Eligibility for Immediate Sealing. Upon
11    entry of a disposition for an eligible record under this
12    subsection (g), the defendant shall be informed by the
13    court of his or her right to have eligible records
14    immediately sealed and the procedure for the immediate
15    sealing of these records.
16        (5) Procedure. The following procedures apply to
17    immediate sealing under this subsection (g).
18            (A) Filing the Petition. Upon entry of the final
19        disposition of the case, the defendant's attorney may
20        immediately petition the court, on behalf of the
21        defendant, for immediate sealing of eligible records
22        under paragraph (2) of this subsection (g) that are
23        entered on or after January 1, 2018 (the effective date
24        of Public Act 100-282). The immediate sealing petition
25        may be filed with the circuit court clerk during the
26        hearing in which the final disposition of the case is

 

 

SB2496- 37 -LRB101 15579 RLC 64925 b

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

 

 

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1            (G) Service of Order. An order to immediately seal
2        eligible records shall be served in conformance with
3        subsection (d)(8).
4            (H) Implementation of Order. An order to
5        immediately seal records shall be implemented in
6        conformance with subsections (d)(9)(C) and (d)(9)(D).
7            (I) Fees. The fee imposed by the circuit court
8        clerk and the Department of State Police shall comply
9        with paragraph (1) of subsection (d) of this Section.
10            (J) Final Order. No court order issued under this
11        subsection (g) shall become final for purposes of
12        appeal until 30 days after service of the order on the
13        petitioner and all parties entitled to service of the
14        order in conformance with subsection (d)(8).
15            (K) Motion to Vacate, Modify, or Reconsider. Under
16        Section 2-1203 of the Code of Civil Procedure, the
17        petitioner, State's Attorney, or the Department of
18        State Police may file a motion to vacate, modify, or
19        reconsider the order denying the petition to
20        immediately seal within 60 days of service of the
21        order. If filed more than 60 days after service of the
22        order, a petition to vacate, modify, or reconsider
23        shall comply with subsection (c) of Section 2-1401 of
24        the Code of Civil Procedure.
25            (L) Effect of Order. An order granting an immediate
26        sealing petition shall not be considered void because

 

 

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1        it fails to comply with the provisions of this Section
2        or because of an error asserted in a motion to vacate,
3        modify, or reconsider. The circuit court retains
4        jurisdiction to determine whether the order is
5        voidable, and to vacate, modify, or reconsider its
6        terms based on a motion filed under subparagraph (L) of
7        this subsection (g).
8            (M) Compliance with Order Granting Petition to
9        Seal Records. Unless a court has entered a stay of an
10        order granting a petition to immediately seal, all
11        parties entitled to service of the order must fully
12        comply with the terms of the order within 60 days of
13        service of the order.
14    (h) Sealing; trafficking victims.
15        (1) A trafficking victim as defined by paragraph (10)
16    of subsection (a) of Section 10-9 of the Criminal Code of
17    2012 shall be eligible to petition for immediate sealing of
18    his or her criminal record upon the completion of his or
19    her last sentence if his or her participation in the
20    underlying offense was a direct result of human trafficking
21    under Section 10-9 of the Criminal Code of 2012 or a severe
22    form of trafficking under the federal Trafficking Victims
23    Protection Act.
24        (2) A petitioner under this subsection (h), in addition
25    to the requirements provided under paragraph (4) of
26    subsection (d) of this Section, shall include in his or her

 

 

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1    petition a clear and concise statement that: (A) he or she
2    was a victim of human trafficking at the time of the
3    offense; and (B) that his or her participation in the
4    offense was a direct result of human trafficking under
5    Section 10-9 of the Criminal Code of 2012 or a severe form
6    of trafficking under the federal Trafficking Victims
7    Protection Act.
8        (3) If an objection is filed alleging that the
9    petitioner is not entitled to immediate sealing under this
10    subsection (h), the court shall conduct a hearing under
11    paragraph (7) of subsection (d) of this Section and the
12    court shall determine whether the petitioner is entitled to
13    immediate sealing under this subsection (h). A petitioner
14    is eligible for immediate relief under this subsection (h)
15    if he or she shows, by a preponderance of the evidence,
16    that: (A) he or she was a victim of human trafficking at
17    the time of the offense; and (B) that his or her
18    participation in the offense was a direct result of human
19    trafficking under Section 10-9 of the Criminal Code of 2012
20    or a severe form of trafficking under the federal
21    Trafficking Victims Protection Act.
22    (i) Minor Cannabis Offenses under the Cannabis Control Act.
23        (1) Expungement of Arrest Records of Minor Cannabis
24    Offenses.
25            (A) The Department of State Police and all law
26        enforcement agencies within the State shall

 

 

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1        automatically expunge all criminal history records of
2        an arrest, charge not initiated by arrest, order of
3        supervision, or order of qualified probation for a
4        Minor Cannabis Offense committed prior to June 25, 2019
5        (the effective date of Public Act 101-27) this
6        amendatory Act of the 101st General Assembly if:
7                (i) One year or more has elapsed since the date
8            of the arrest or law enforcement interaction
9            documented in the records; and
10                (ii) No criminal charges were filed relating
11            to the arrest or law enforcement interaction or
12            criminal charges were filed and subsequently
13            dismissed or vacated or the arrestee was
14            acquitted.
15            (B) If the law enforcement agency is unable to
16        verify satisfaction of condition (ii) in paragraph
17        (A), records that satisfy condition (i) in paragraph
18        (A) shall be automatically expunged.
19            (C) Records shall be expunged pursuant to the
20        procedures set forth in subdivision (d)(9)(A) under
21        the following timelines:
22                (i) Records created prior to June 25, 2019 (the
23            effective date of Public Act 101-27) this
24            amendatory Act of the 101st General Assembly, but
25            on or after January 1, 2013, shall be automatically
26            expunged prior to January 1, 2021;

 

 

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1                (ii) Records created prior to January 1, 2013,
2            but on or after January 1, 2000, shall be
3            automatically expunged prior to January 1, 2023;
4                (iii) Records created prior to January 1, 2000
5            shall be automatically expunged prior to January
6            1, 2025.
7            (D) Nothing in this Section shall be construed to
8        restrict or modify an individual's right to have that
9        individual's records expunged except as otherwise may
10        be provided in this Act, or diminish or abrogate any
11        rights or remedies otherwise available to the
12        individual.
13        (2) Pardons Authorizing Expungement of Minor Cannabis
14    Offenses.
15            (A) Upon June 25, 2019 (the effective date of
16        Public Act 101-27) this amendatory Act of the 101st
17        General Assembly, the Department of State Police shall
18        review all criminal history record information and
19        identify all records that meet all of the following
20        criteria:
21                (i) one or more convictions for a Minor
22            Cannabis Offense;
23                (ii) the conviction identified in paragraph
24            (2)(A)(i) did not include a penalty enhancement
25            under Section 7 of the Cannabis Control Act; and
26                (iii) the conviction identified in paragraph

 

 

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1            (2)(A)(i) is not associated with an arrest,
2            conviction or other disposition for a violent
3            crime as defined in subsection (c) of Section 3 of
4            the Rights of Crime Victims and Witnesses Act.
5            (B) Within 180 days after June 25, 2019 (the
6        effective date of Public Act 101-27) this amendatory
7        Act of the 101st General Assembly, the Department of
8        State Police shall notify the Prisoner Review Board of
9        all such records that meet the criteria established in
10        paragraph (2)(A).
11                (i) The Prisoner Review Board shall notify the
12            State's Attorney of the county of conviction of
13            each record identified by State Police in
14            paragraph (2)(A) that is classified as a Class 4
15            felony. The State's Attorney may provide a written
16            objection to the Prisoner Review Board on the sole
17            basis that the record identified does not meet the
18            criteria established in paragraph (2)(A). Such an
19            objection must be filed within 60 days or by such
20            later date set by Prisoner Review Board in the
21            notice after the State's Attorney received notice
22            from the Prisoner Review Board.
23                (ii) In response to a written objection from a
24            State's Attorney, the Prisoner Review Board is
25            authorized to conduct a non-public hearing to
26            evaluate the information provided in the

 

 

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1            objection.
2                (iii) The Prisoner Review Board shall make a
3            confidential and privileged recommendation to the
4            Governor as to whether to grant a pardon
5            authorizing expungement for each of the records
6            identified by the Department of State Police as
7            described in paragraph (2)(A).
8            (C) If an individual has been granted a pardon
9        authorizing expungement as described in this Section,
10        the Prisoner Review Board, through the Attorney
11        General, shall file a petition for expungement with the
12        Chief Judge of the circuit or any judge of the circuit
13        designated by the Chief Judge where the individual had
14        been convicted. Such petition may include more than one
15        individual. Whenever an individual who has been
16        convicted of an offense is granted a pardon by the
17        Governor that specifically authorizes expungement, an
18        objection to the petition may not be filed. Petitions
19        to expunge under this subsection (i) may include more
20        than one individual. Within 90 days of the filing of
21        such a petition, the court shall enter an order
22        expunging the records of arrest from the official
23        records of the arresting authority and order that the
24        records of the circuit court clerk and the Department
25        of State Police be expunged and the name of the
26        defendant obliterated from the official index

 

 

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1        requested to be kept by the circuit court clerk under
2        Section 16 of the Clerks of Courts Act in connection
3        with the arrest and conviction for the offense for
4        which the individual had received a pardon but the
5        order shall not affect any index issued by the circuit
6        court clerk before the entry of the order. Upon entry
7        of the order of expungement, the circuit court clerk
8        shall promptly provide a copy of the order to the
9        individual who was pardoned to the individual's last
10        known address or otherwise make available to the
11        individual upon request.
12            (D) Nothing in this Section is intended to diminish
13        or abrogate any rights or remedies otherwise available
14        to the individual.
15        (3) Any individual may file a motion to vacate and
16    expunge a conviction for a misdemeanor or Class 4 felony
17    violation of Section 4 or Section 5 of the Cannabis Control
18    Act. Motions to vacate and expunge under this subsection
19    (i) may be filed with the circuit court, Chief Judge of a
20    judicial circuit or any judge of the circuit designated by
21    the Chief Judge. When considering such a motion to vacate
22    and expunge, a court shall consider the following: the
23    reasons to retain the records provided by law enforcement,
24    the petitioner's age, the petitioner's age at the time of
25    offense, the time since the conviction, and the specific
26    adverse consequences if denied. An individual may file such

 

 

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

 

 

SB2496- 47 -LRB101 15579 RLC 64925 b

1    adverse consequences if denied. If the State's Attorney
2    files a motion to vacate and expunge records for Minor
3    Cannabis Offenses pursuant to this Section, the State's
4    Attorney shall notify the Prisoner Review Board within 30
5    days of such filing. If a motion to vacate and expunge is
6    granted, the records shall be expunged in accordance with
7    subparagraph (d)(9)(A) of this Section.
8        (5) In the public interest, the State's Attorney of a
9    county has standing to file motions to vacate and expunge
10    pursuant to this Section in the circuit court with
11    jurisdiction over the underlying conviction.
12        (6) If a person is arrested for a Minor Cannabis
13    Offense as defined in this Section before June 25, 2019
14    (the effective date of Public Act 101-27) this amendatory
15    Act of the 101st General Assembly and the person's case is
16    still pending but a sentence has not been imposed, the
17    person may petition the court in which the charges are
18    pending for an order to summarily dismiss those charges
19    against him or her, and expunge all official records of his
20    or her arrest, plea, trial, conviction, incarceration,
21    supervision, or expungement. If the court determines, upon
22    review, that: (A) the person was arrested before June 25,
23    2019 (the effective date of Public Act 101-27) this
24    amendatory Act of the 101st General Assembly for an offense
25    that has been made eligible for expungement; (B) the case
26    is pending at the time; and (C) the person has not been

 

 

SB2496- 48 -LRB101 15579 RLC 64925 b

1    sentenced of the minor cannabis violation eligible for
2    expungement under this subsection, the court shall
3    consider the following: the reasons to retain the records
4    provided by law enforcement, the petitioner's age, the
5    petitioner's age at the time of offense, the time since the
6    conviction, and the specific adverse consequences if
7    denied. If a motion to dismiss and expunge is granted, the
8    records shall be expunged in accordance with subparagraph
9    (d)(9)(A) of this Section.
10        (7) A person imprisoned solely as a result of one or
11    more convictions for Minor Cannabis Offenses under this
12    subsection (i) shall be released from incarceration upon
13    the issuance of an order under this subsection.
14        (8) The Department of State Police shall allow a person
15    to use the access and review process, established in the
16    Department of State Police, for verifying that his or her
17    records relating to Minor Cannabis Offenses of the Cannabis
18    Control Act eligible under this Section have been expunged.
19        (9) No conviction vacated pursuant to this Section
20    shall serve as the basis for damages for time unjustly
21    served as provided in the Court of Claims Act.
22        (10) Effect of Expungement. A person's right to expunge
23    an expungeable offense shall not be limited under this
24    Section. The effect of an order of expungement shall be to
25    restore the person to the status he or she occupied before
26    the arrest, charge, or conviction.

 

 

SB2496- 49 -LRB101 15579 RLC 64925 b

1        (11) Information. The Department of State Police shall
2    post general information on its website about the
3    expungement process described in this subsection (i).
4(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
5100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
68-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
7eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
8101-159, eff. 1-1-20; 101-306, eff. 8-9-19; revised 9-25-19.)