Full Text of HB2418 103rd General Assembly
HB2418enr 103RD GENERAL ASSEMBLY |
| | HB2418 Enrolled | | LRB103 25993 AWJ 52347 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | changing 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 following Sections of the | 14 | | Unified Code of Corrections: | 15 | | Business Offense, Section 5-1-2. | 16 | | Charge, Section 5-1-3. | 17 | | Court, Section 5-1-6. | 18 | | Defendant, Section 5-1-7. | 19 | | Felony, Section 5-1-9. | 20 | | Imprisonment, Section 5-1-10. | 21 | | Judgment, Section 5-1-12. | 22 | | Misdemeanor, Section 5-1-14. | 23 | | Offense, Section 5-1-15. |
| | | HB2418 Enrolled | - 2 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | Parole, Section 5-1-16. | 2 | | Petty Offense, Section 5-1-17. | 3 | | Probation, Section 5-1-18. | 4 | | Sentence, Section 5-1-19. | 5 | | Supervision, Section 5-1-21. | 6 | | Victim, Section 5-1-22. | 7 | | (B) As used in this Section, "charge not initiated | 8 | | by arrest" means a charge (as defined by Section 5-1-3 | 9 | | of the Unified Code of Corrections) brought against a | 10 | | defendant where the defendant is not arrested prior to | 11 | | or as a direct 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 | 15 | | by a legally constituted jury or by a court of | 16 | | competent jurisdiction authorized to try the case | 17 | | without a jury. An order of supervision successfully | 18 | | completed by the petitioner is not a conviction. An | 19 | | order of qualified probation (as defined in subsection | 20 | | (a)(1)(J)) successfully completed by the petitioner is | 21 | | not a conviction. An order of supervision or an order | 22 | | of 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. |
| | | HB2418 Enrolled | - 3 - | LRB103 25993 AWJ 52347 b |
|
| 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 |
| | | HB2418 Enrolled | - 4 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | are last in time, they shall be collectively | 2 | | considered the "last sentence" regardless of whether | 3 | | they were 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 | 20 | | was charged or for which the petitioner was arrested | 21 | | and released without charging. | 22 | | (I) "Petitioner" means an adult or a minor | 23 | | prosecuted as an
adult who has applied for relief | 24 | | under this Section. | 25 | | (J) "Qualified probation" means an order of | 26 | | probation under Section 10 of the Cannabis Control |
| | | HB2418 Enrolled | - 5 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | Act, Section 410 of the Illinois Controlled Substances | 2 | | Act, 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 | 24 | | court clerk under Section 16 of the Clerks of Courts | 25 | | Act, but any index issued by the circuit court clerk | 26 | | before the entry of the order to seal shall not be |
| | | HB2418 Enrolled | - 6 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | affected. | 2 | | (L) "Sexual offense committed against a minor" | 3 | | includes, but is
not limited to, the offenses of | 4 | | indecent solicitation of a child
or criminal sexual | 5 | | abuse when the victim of such offense is
under 18 years | 6 | | of age. | 7 | | (M) "Terminate" as it relates to a sentence or | 8 | | order of supervision or qualified probation includes | 9 | | either satisfactory or unsatisfactory termination of | 10 | | the sentence, unless otherwise specified in this | 11 | | Section. A sentence is terminated notwithstanding any | 12 | | outstanding financial legal obligation. | 13 | | (2) Minor Traffic Offenses.
Orders of supervision or | 14 | | convictions for minor traffic offenses shall not affect a | 15 | | petitioner's eligibility to expunge or seal records | 16 | | pursuant to this Section. | 17 | | (2.5) Commencing 180 days after July 29, 2016 (the | 18 | | effective date of Public Act 99-697), the law enforcement | 19 | | agency issuing the citation shall automatically expunge, | 20 | | on or before January 1 and July 1 of each year, the law | 21 | | enforcement records of a person found to have committed a | 22 | | civil law violation of subsection (a) of Section 4 of the | 23 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 24 | | the Drug Paraphernalia Control Act in the law enforcement | 25 | | agency's possession or control and which contains the | 26 | | final satisfactory disposition which pertain to the person |
| | | HB2418 Enrolled | - 7 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | issued a citation for that offense.
The law enforcement | 2 | | agency shall provide by rule the process for access, | 3 | | review, and to confirm the automatic expungement by the | 4 | | law enforcement agency issuing the citation.
Commencing | 5 | | 180 days after July 29, 2016 (the effective date of Public | 6 | | Act 99-697), the clerk of the circuit court shall expunge, | 7 | | upon order of the court, or in the absence of a court order | 8 | | on or before January 1 and July 1 of each year, the court | 9 | | records of a person found in the circuit court to have | 10 | | committed a civil law violation of subsection (a) of | 11 | | Section 4 of the Cannabis Control Act or subsection (c) of | 12 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 13 | | clerk's possession or control and which contains the final | 14 | | satisfactory disposition which pertain to the person | 15 | | issued a citation for any of those offenses. | 16 | | (3) Exclusions. Except as otherwise provided in | 17 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 18 | | of this Section, the court shall not order: | 19 | | (A) the sealing or expungement of the records of | 20 | | arrests or charges not initiated by arrest that result | 21 | | in an order of supervision for or conviction of:
(i) | 22 | | any sexual offense committed against a
minor; (ii) | 23 | | Section 11-501 of the Illinois Vehicle Code or a | 24 | | similar provision of a local ordinance; or (iii) | 25 | | Section 11-503 of the Illinois Vehicle Code or a | 26 | | similar provision of a local ordinance, unless the |
| | | HB2418 Enrolled | - 8 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | arrest or charge is for a misdemeanor violation of | 2 | | subsection (a) of Section 11-503 or a similar | 3 | | provision of a local ordinance, that occurred prior to | 4 | | the offender reaching the age of 25 years and the | 5 | | offender has no other conviction for violating Section | 6 | | 11-501 or 11-503 of the Illinois Vehicle Code or a | 7 | | similar provision of a local ordinance. | 8 | | (B) the sealing or expungement of records of minor | 9 | | traffic offenses (as defined in subsection (a)(1)(G)), | 10 | | unless the petitioner was arrested and released | 11 | | without charging. | 12 | | (C) the sealing of the records of arrests or | 13 | | charges not initiated by arrest which result in an | 14 | | order of supervision or a conviction for the following | 15 | | offenses: | 16 | | (i) offenses included in Article 11 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012 | 18 | | or a similar provision of a local ordinance, | 19 | | except Section 11-14 and a misdemeanor violation | 20 | | of Section 11-30 of the Criminal Code of 1961 or | 21 | | the Criminal Code of 2012, or a similar provision | 22 | | of a local ordinance; | 23 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 24 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, or a similar provision of a | 26 | | local ordinance; |
| | | HB2418 Enrolled | - 9 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | (iii) Section Sections 12-3.1 or 12-3.2 of the | 2 | | Criminal Code of 1961 or the Criminal Code of | 3 | | 2012, or Section 125 of the Stalking No Contact | 4 | | Order Act, or Section 219 of the Civil No Contact | 5 | | Order Act, or a similar provision of a local | 6 | | ordinance; | 7 | | (iv) Class A misdemeanors or felony offenses | 8 | | under the Humane Care for Animals Act; or | 9 | | (v) any offense or attempted offense that | 10 | | would subject a person to registration under the | 11 | | Sex Offender Registration Act. | 12 | | (D) (blank). | 13 | | (b) Expungement. | 14 | | (1) A petitioner may petition the circuit court to | 15 | | expunge the
records of his or her arrests and charges not | 16 | | initiated by arrest when each arrest or charge not | 17 | | initiated by arrest
sought to be expunged resulted in:
(i) | 18 | | acquittal, dismissal, or the petitioner's release without | 19 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 20 | | conviction which was vacated or reversed, unless excluded | 21 | | by subsection (a)(3)(B);
(iii) an order of supervision and | 22 | | such supervision was successfully completed by the | 23 | | petitioner, unless excluded by subsection (a)(3)(A) or | 24 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 25 | | defined in subsection (a)(1)(J)) and such probation was | 26 | | successfully completed by the petitioner. |
| | | HB2418 Enrolled | - 10 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | (1.5) When a petitioner seeks to have a record of | 2 | | arrest expunged under this Section, and the offender has | 3 | | been convicted of a criminal offense, the State's Attorney | 4 | | may object to the expungement on the grounds that the | 5 | | records contain specific relevant information aside from | 6 | | the mere fact of the arrest. | 7 | | (2) Time frame for filing a petition to expunge. | 8 | | (A) When the arrest or charge not initiated by | 9 | | arrest sought to be expunged resulted in an acquittal, | 10 | | dismissal, the petitioner's release without charging, | 11 | | or the reversal or vacation of a conviction, there is | 12 | | no waiting period to petition for the expungement of | 13 | | such records. | 14 | | (B) When the arrest or charge not initiated by | 15 | | arrest
sought to be expunged resulted in an order of | 16 | | supervision, successfully
completed by the petitioner, | 17 | | the following time frames will apply: | 18 | | (i) Those arrests or charges that resulted in | 19 | | orders of
supervision under Section 3-707, 3-708, | 20 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or | 21 | | a similar provision of a local ordinance, or under | 22 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012, or a | 24 | | similar provision of a local ordinance, shall not | 25 | | be eligible for expungement until 5 years have | 26 | | passed following the satisfactory termination of |
| | | HB2418 Enrolled | - 11 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | the supervision. | 2 | | (i-5) Those arrests or charges that resulted | 3 | | in orders of supervision for a misdemeanor | 4 | | violation of subsection (a) of Section 11-503 of | 5 | | the Illinois Vehicle Code or a similar provision | 6 | | of a local ordinance, that occurred prior to the | 7 | | offender reaching the age of 25 years and the | 8 | | offender has no other conviction for violating | 9 | | Section 11-501 or 11-503 of the Illinois Vehicle | 10 | | Code or a similar provision of a local ordinance | 11 | | shall not be eligible for expungement until the | 12 | | petitioner has reached the age of 25 years. | 13 | | (ii) Those arrests or charges that resulted in | 14 | | orders
of supervision for any other offenses shall | 15 | | not be
eligible for expungement until 2 years have | 16 | | passed
following the satisfactory termination of | 17 | | the supervision. | 18 | | (C) When the arrest or charge not initiated by | 19 | | arrest sought to
be expunged resulted in an order of | 20 | | qualified probation, successfully
completed by the | 21 | | petitioner, such records shall not be eligible for
| 22 | | expungement until 5 years have passed following the | 23 | | satisfactory
termination of the probation. | 24 | | (3) Those records maintained by the Illinois State | 25 | | Police for
persons arrested prior to their 17th birthday | 26 | | shall be
expunged as provided in Section 5-915 of the |
| | | HB2418 Enrolled | - 12 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | Juvenile Court
Act of 1987. | 2 | | (4) Whenever a person has been arrested for or | 3 | | convicted of any
offense, in the name of a person whose | 4 | | identity he or she has stolen or otherwise
come into | 5 | | possession of, the aggrieved person from whom the identity
| 6 | | was stolen or otherwise obtained without authorization,
| 7 | | upon learning of the person having been arrested using his
| 8 | | or her identity, may, upon verified petition to the chief | 9 | | judge of
the circuit wherein the arrest was made, have a | 10 | | court order
entered nunc pro tunc by the Chief Judge to | 11 | | correct the
arrest record, conviction record, if any, and | 12 | | all official
records of the arresting authority, the | 13 | | Illinois State Police, other
criminal justice agencies, | 14 | | the prosecutor, and the trial
court concerning such | 15 | | arrest, if any, by removing his or her name
from all such | 16 | | records in connection with the arrest and
conviction, if | 17 | | any, and by inserting in the records the
name of the | 18 | | offender, if known or ascertainable, in lieu of
the | 19 | | aggrieved's name. The records of the circuit court clerk | 20 | | shall be sealed until further order of
the court upon good | 21 | | cause shown and the name of the
aggrieved person | 22 | | obliterated on the official index
required to be kept by | 23 | | the circuit court clerk under
Section 16 of the Clerks of | 24 | | Courts Act, but the order shall
not affect any index | 25 | | issued by the circuit court clerk
before the entry of the | 26 | | order. Nothing in this Section
shall limit the Illinois |
| | | HB2418 Enrolled | - 13 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | State Police or other
criminal justice agencies or | 2 | | prosecutors from listing
under an offender's name the | 3 | | false names he or she has
used. | 4 | | (5) Whenever a person has been convicted of criminal
| 5 | | sexual assault, aggravated criminal sexual assault,
| 6 | | predatory criminal sexual assault of a child, criminal
| 7 | | sexual abuse, or aggravated criminal sexual abuse, the
| 8 | | victim of that offense may request that the State's
| 9 | | Attorney of the county in which the conviction occurred
| 10 | | file a verified petition with the presiding trial judge at
| 11 | | the petitioner's trial to have a court order entered to | 12 | | seal
the records of the circuit court clerk in connection
| 13 | | with the proceedings of the trial court concerning that
| 14 | | offense. However, the records of the arresting authority
| 15 | | and the Illinois State Police concerning the offense
shall | 16 | | not be sealed. The court, upon good cause shown,
shall | 17 | | make the records of the circuit court clerk in
connection | 18 | | with the proceedings of the trial court
concerning the | 19 | | offense available for public inspection. | 20 | | (6) If a conviction has been set aside on direct | 21 | | review
or on collateral attack and the court determines by | 22 | | clear
and convincing evidence that the petitioner was | 23 | | factually
innocent of the charge, the court that finds the | 24 | | petitioner factually innocent of the charge shall enter an
| 25 | | expungement order for the conviction for which the | 26 | | petitioner has been determined to be innocent as provided |
| | | HB2418 Enrolled | - 14 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | in subsection (b) of Section
5-5-4 of the Unified Code of | 2 | | Corrections. | 3 | | (7) Nothing in this Section shall prevent the Illinois
| 4 | | State Police from maintaining all records of any person | 5 | | who
is admitted to probation upon terms and conditions and | 6 | | who
fulfills those terms and conditions pursuant to | 7 | | Section 10
of the Cannabis Control Act, Section 410 of the | 8 | | Illinois
Controlled Substances Act, Section 70 of the
| 9 | | Methamphetamine Control and Community Protection Act,
| 10 | | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | 11 | | Corrections, Section 12-4.3 or subdivision (b)(1) of | 12 | | Section 12-3.05 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012, Section 10-102
of the Illinois | 14 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 15 | | the Substance Use Disorder Act, or Section 10 of the | 16 | | Steroid Control Act. | 17 | | (8) If the petitioner has been granted a certificate | 18 | | of innocence under Section 2-702 of the Code of Civil | 19 | | Procedure, the court that grants the certificate of | 20 | | innocence shall also enter an order expunging the | 21 | | conviction for which the petitioner has been determined to | 22 | | be innocent as provided in subsection (h) of Section 2-702 | 23 | | of the Code of Civil Procedure. | 24 | | (c) Sealing. | 25 | | (1) Applicability. Notwithstanding any other provision | 26 | | of this Act to the contrary, and cumulative with any |
| | | HB2418 Enrolled | - 15 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | rights to expungement of criminal records, this subsection | 2 | | authorizes the sealing of criminal records of adults and | 3 | | of minors prosecuted as adults. Subsection (g) of this | 4 | | Section provides for immediate sealing of certain records. | 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, including orders | 15 | | of supervision for municipal ordinance violations, | 16 | | successfully completed by the petitioner, unless | 17 | | excluded by subsection (a)(3); | 18 | | (D) Arrests or charges not initiated by arrest | 19 | | resulting in convictions, including convictions on | 20 | | municipal ordinance violations, unless excluded by | 21 | | subsection (a)(3); | 22 | | (E) Arrests or charges not initiated by arrest | 23 | | resulting in orders of first offender probation under | 24 | | Section 10 of the Cannabis Control Act, Section 410 of | 25 | | the Illinois Controlled Substances Act, Section 70 of | 26 | | the Methamphetamine Control and Community Protection |
| | | HB2418 Enrolled | - 16 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | Act, or Section 5-6-3.3 of the Unified Code of | 2 | | Corrections; and | 3 | | (F) Arrests or charges not initiated by arrest | 4 | | resulting in felony convictions unless otherwise | 5 | | excluded by subsection (a) paragraph (3) of this | 6 | | Section. | 7 | | (3) When Records Are Eligible to Be Sealed. Records | 8 | | identified as eligible under subsection (c)(2) may be | 9 | | sealed as follows: | 10 | | (A) Records identified as eligible under | 11 | | subsections subsection (c)(2)(A) and (c)(2)(B) may be | 12 | | sealed at any time. | 13 | | (B) Except as otherwise provided in subparagraph | 14 | | (E) of this paragraph (3), records identified as | 15 | | eligible under subsection (c)(2)(C) may be sealed
2 | 16 | | years after the termination of petitioner's last | 17 | | sentence (as defined in subsection (a)(1)(F)). | 18 | | (C) Except as otherwise provided in subparagraph | 19 | | (E) of this paragraph (3), records identified as | 20 | | eligible under subsections (c)(2)(D), (c)(2)(E), and | 21 | | (c)(2)(F) may be sealed 3 years after the termination | 22 | | of the petitioner's last sentence (as defined in | 23 | | subsection (a)(1)(F)). Convictions requiring public | 24 | | registration under the Arsonist Registration Act, the | 25 | | Sex Offender Registration Act, or the Murderer and | 26 | | Violent Offender Against Youth Registration Act may |
| | | HB2418 Enrolled | - 17 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | not be sealed until the petitioner is no longer | 2 | | required to register under that relevant Act. | 3 | | (D) Records identified in subsection | 4 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 5 | | reached the age of 25 years. | 6 | | (E) Records identified as eligible under | 7 | | subsection subsections (c)(2)(C), (c)(2)(D), | 8 | | (c)(2)(E), or (c)(2)(F) may be sealed upon termination | 9 | | of the petitioner's last sentence if the petitioner | 10 | | earned a high school diploma, associate's degree, | 11 | | career certificate, vocational technical | 12 | | certification, or bachelor's degree, or passed the | 13 | | high school level Test of General Educational | 14 | | Development, during the period of his or her sentence | 15 | | or mandatory supervised release. This subparagraph | 16 | | shall apply only to a petitioner who has not completed | 17 | | the same educational goal prior to the period of his or | 18 | | her sentence or mandatory supervised release. If a | 19 | | petition for sealing eligible records filed under this | 20 | | subparagraph is denied by the court, the time periods | 21 | | under subparagraph (B) or (C) shall apply to any | 22 | | subsequent petition for sealing filed by the | 23 | | petitioner. | 24 | | (4) Subsequent felony convictions. A person may not | 25 | | have
subsequent felony conviction records sealed as | 26 | | provided in this subsection
(c) if he or she is convicted |
| | | HB2418 Enrolled | - 18 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | of any felony offense after the date of the
sealing of | 2 | | prior felony convictions as provided in this subsection | 3 | | (c). The court may, upon conviction for a subsequent | 4 | | felony offense, order the unsealing of prior felony | 5 | | conviction records previously ordered sealed by the court. | 6 | | (5) Notice of eligibility for sealing. Upon entry of a | 7 | | disposition for an eligible record under this subsection | 8 | | (c), the petitioner shall be informed by the court of the | 9 | | right to have the records sealed and the procedures for | 10 | | the sealing of the records. | 11 | | (d) Procedure. The following procedures apply to | 12 | | expungement under subsections (b), (e), and (e-6) and sealing | 13 | | under subsections (c) and (e-5): | 14 | | (1) Filing the petition. Upon becoming eligible to | 15 | | petition for
the expungement or sealing of records under | 16 | | this Section, the petitioner shall file a petition | 17 | | requesting the expungement
or sealing of records with the | 18 | | clerk of the court where the arrests occurred or the | 19 | | charges were brought, or both. If arrests occurred or | 20 | | charges were brought in multiple jurisdictions, a petition | 21 | | must be filed in each such jurisdiction. The petitioner | 22 | | shall pay the applicable fee, except no fee shall be | 23 | | required if the petitioner has obtained a court order | 24 | | waiving fees under Supreme Court Rule 298 or it is | 25 | | otherwise waived. | 26 | | (1.5) County fee waiver pilot program.
From August 9, |
| | | HB2418 Enrolled | - 19 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | 2019 (the effective date of Public Act 101-306) through | 2 | | December 31, 2020, in a county of 3,000,000 or more | 3 | | inhabitants, no fee shall be required to be paid by a | 4 | | petitioner if the records sought to be expunged or sealed | 5 | | were arrests resulting in release without charging or | 6 | | arrests or charges not initiated by arrest resulting in | 7 | | acquittal, dismissal, or conviction when the conviction | 8 | | was reversed or vacated, unless excluded by subsection | 9 | | (a)(3)(B). The provisions of this paragraph (1.5), other | 10 | | than this sentence, are inoperative on and after January | 11 | | 1, 2022. | 12 | | (2) Contents of petition. The petition shall be
| 13 | | verified and shall contain the petitioner's name, date of
| 14 | | birth, current address and, for each arrest or charge not | 15 | | initiated by
arrest sought to be sealed or expunged, the | 16 | | case number, the date of
arrest (if any), the identity of | 17 | | the arresting authority, and such
other information as the | 18 | | court may require. During the pendency
of the proceeding, | 19 | | the petitioner shall promptly notify the
circuit court | 20 | | clerk of any change of his or her address. If the | 21 | | petitioner has received a certificate of eligibility for | 22 | | sealing from the Prisoner Review Board under paragraph | 23 | | (10) of subsection (a) of Section 3-3-2 of the Unified | 24 | | Code of Corrections, the certificate shall be attached to | 25 | | the petition. | 26 | | (3) Drug test. The petitioner must attach to the |
| | | HB2418 Enrolled | - 20 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | petition proof that the petitioner has taken within 30 | 2 | | days before the filing of the petition a test showing the | 3 | | absence within his or her body of all illegal substances | 4 | | as defined by the Illinois Controlled Substances Act and | 5 | | the Methamphetamine Control and Community Protection Act | 6 | | if he or she is petitioning to: | 7 | | (A) seal felony records under clause (c)(2)(E); | 8 | | (B) seal felony records for a violation of the | 9 | | Illinois Controlled Substances Act, the | 10 | | Methamphetamine Control and Community Protection Act, | 11 | | or the Cannabis Control Act under clause (c)(2)(F); | 12 | | (C) seal felony records under subsection (e-5); or | 13 | | (D) expunge felony records of a qualified | 14 | | probation under clause (b)(1)(iv). | 15 | | (4) Service of petition. The circuit court clerk shall | 16 | | promptly
serve a copy of the petition and documentation to | 17 | | support the petition under subsection (e-5) or (e-6) on | 18 | | the State's Attorney or
prosecutor charged with the duty | 19 | | of prosecuting the
offense, the Illinois State Police, the | 20 | | arresting
agency and the chief legal officer of the unit | 21 | | of local
government effecting the arrest. | 22 | | (5) Objections. | 23 | | (A) Any party entitled to notice of the petition | 24 | | may file an objection to the petition. All objections | 25 | | shall be in writing, shall be filed with the circuit | 26 | | court clerk, and shall state with specificity the |
| | | HB2418 Enrolled | - 21 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | basis of the objection. Whenever a person who has been | 2 | | convicted of an offense is granted
a pardon by the | 3 | | Governor which specifically authorizes expungement, an | 4 | | objection to the petition may not be filed. | 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 | | Illinois
State Police, the arresting agency, or the | 18 | | chief legal officer
files an objection to the petition | 19 | | to expunge or seal within 60 days from the date of | 20 | | service of the petition, the court shall enter an | 21 | | order granting or denying the petition. | 22 | | (C) Notwithstanding any other provision of law, | 23 | | the court shall not deny a petition for sealing under | 24 | | this Section because the petitioner has not satisfied | 25 | | an outstanding legal financial obligation established, | 26 | | imposed, or originated by a court, law enforcement |
| | | HB2418 Enrolled | - 22 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | agency, or a municipal, State, county, or other unit | 2 | | of local government, including, but not limited to, | 3 | | any cost, assessment, fine, or fee. An outstanding | 4 | | legal financial obligation does not include any court | 5 | | ordered restitution to a victim under Section 5-5-6 of | 6 | | the Unified Code of Corrections, unless the | 7 | | restitution has been converted to a civil judgment. | 8 | | Nothing in this subparagraph (C) waives, rescinds, or | 9 | | abrogates a legal financial obligation or otherwise | 10 | | eliminates or affects the right of the holder of any | 11 | | financial obligation to pursue collection under | 12 | | applicable federal, State, or local law. | 13 | | (D) Notwithstanding any other provision of law,
| 14 | | the court shall not deny a petition to expunge or seal | 15 | | under this Section because the petitioner has | 16 | | submitted a drug test taken within 30 days before the | 17 | | filing of the petition to expunge or seal that | 18 | | indicates a positive test for the presence of cannabis | 19 | | within the petitioner's body. In this subparagraph | 20 | | (D), "cannabis" has the meaning ascribed to it in | 21 | | Section 3 of the Cannabis Control Act. | 22 | | (7) Hearings. If an objection is filed, the court | 23 | | shall set a date for a hearing and notify the petitioner | 24 | | and all parties entitled to notice of the petition of the | 25 | | hearing date at least 30 days prior to the hearing. Prior | 26 | | to the hearing, the State's Attorney shall consult with |
| | | HB2418 Enrolled | - 23 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | the Illinois State Police as to the appropriateness of the | 2 | | relief sought in the petition to expunge or seal. At the | 3 | | hearing, the court shall hear evidence on whether the | 4 | | petition should or should not be granted, and shall grant | 5 | | or deny the petition to expunge or seal the records based | 6 | | on the evidence presented at the hearing. The court may | 7 | | consider the 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 | 19 | | denied. | 20 | | (8) Service of order. After entering an order to | 21 | | expunge or
seal records, the court must provide copies of | 22 | | the order to the
Illinois State Police, in a form and | 23 | | manner prescribed by the Illinois State Police,
to the | 24 | | petitioner, to the State's Attorney or prosecutor
charged | 25 | | with the duty of prosecuting the offense, to the
arresting | 26 | | agency, to the chief legal officer of the unit of
local |
| | | HB2418 Enrolled | - 24 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | government effecting the arrest, and to such other
| 2 | | criminal justice agencies as may be ordered by the court. | 3 | | (9) Implementation of order. | 4 | | (A) Upon entry of an order to expunge records | 5 | | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | 6 | | both: | 7 | | (i) the records shall be expunged (as defined | 8 | | in subsection (a)(1)(E)) by the arresting agency, | 9 | | the Illinois State Police, and any other agency as | 10 | | ordered by the court, within 60 days of the date of | 11 | | service of the order, unless a motion to vacate, | 12 | | modify, or reconsider the order is filed pursuant | 13 | | to paragraph (12) of subsection (d) of this | 14 | | Section; | 15 | | (ii) the records of the circuit court clerk | 16 | | shall be impounded until further order of the | 17 | | court upon good cause shown and the name of the | 18 | | petitioner obliterated on the official index | 19 | | required to be kept by the circuit court clerk | 20 | | under Section 16 of the Clerks of Courts Act, but | 21 | | the order shall not affect any index issued by the | 22 | | circuit court clerk before the entry of the order; | 23 | | and | 24 | | (iii) in response to an inquiry for expunged | 25 | | records, the court, the Illinois State Police, or | 26 | | the agency receiving such inquiry, shall reply as |
| | | HB2418 Enrolled | - 25 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | it does in response to inquiries when no records | 2 | | ever existed. | 3 | | (B) Upon entry of an order to expunge records | 4 | | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | 5 | | both: | 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 pursuant to 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 | 15 | | court 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 | | Illinois State Police within 60 days of the date | 23 | | of service of the order as ordered by the court, | 24 | | unless a motion to vacate, modify, or reconsider | 25 | | the order is filed pursuant to paragraph (12) of | 26 | | subsection (d) of this Section; |
| | | HB2418 Enrolled | - 26 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | (iv) records impounded by the Illinois State | 2 | | Police may be disseminated by the Illinois State | 3 | | Police only as required by law or to the arresting | 4 | | authority, the State's Attorney, and the court | 5 | | upon a later arrest for the same or a similar | 6 | | offense or for the purpose of sentencing for any | 7 | | subsequent felony, and to the Department of | 8 | | Corrections upon conviction for any offense; and | 9 | | (v) in response to an inquiry for such records | 10 | | from anyone not authorized by law to access such | 11 | | records, the court, the Illinois State Police, or | 12 | | the agency receiving such inquiry shall reply as | 13 | | it does in response to inquiries when no records | 14 | | ever existed. | 15 | | (B-5) Upon entry of an order to expunge records | 16 | | under subsection (e-6): | 17 | | (i) the records shall be expunged (as defined | 18 | | in subsection (a)(1)(E)) by the arresting agency | 19 | | and any other agency as ordered by the court, | 20 | | within 60 days of the date of service of the order, | 21 | | unless a motion to vacate, modify, or reconsider | 22 | | the order is filed under paragraph (12) of | 23 | | subsection (d) of this Section; | 24 | | (ii) the records of the circuit court clerk | 25 | | shall be impounded until further order of the | 26 | | court upon good cause shown and the name of the |
| | | HB2418 Enrolled | - 27 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | petitioner obliterated on the official index | 2 | | required to be kept by the circuit court clerk | 3 | | under Section 16 of the Clerks of Courts Act, but | 4 | | the order shall not affect any index issued by the | 5 | | circuit court clerk before the entry of the order; | 6 | | (iii) the records shall be impounded by the
| 7 | | Illinois State Police within 60 days of the date | 8 | | of service of the order as ordered by the court, | 9 | | unless a motion to vacate, modify, or reconsider | 10 | | the order is filed under paragraph (12) of | 11 | | subsection (d) of this Section; | 12 | | (iv) records impounded by the Illinois State | 13 | | Police may be disseminated by the Illinois State | 14 | | Police only as required by law or to the arresting | 15 | | authority, the State's Attorney, and the court | 16 | | upon a later arrest for the same or a similar | 17 | | offense or for the purpose of sentencing for any | 18 | | subsequent felony, and to the Department of | 19 | | Corrections upon conviction for any offense; and | 20 | | (v) in response to an inquiry for these | 21 | | records from anyone not authorized by law to | 22 | | access the records, the court, the Illinois State | 23 | | Police, or the agency receiving the inquiry shall | 24 | | reply as it does in response to inquiries when no | 25 | | records ever existed. | 26 | | (C) Upon entry of an order to seal records under |
| | | HB2418 Enrolled | - 28 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | subsection
(c), the arresting agency, any other agency | 2 | | as ordered by the court, the Illinois State Police, | 3 | | and the court shall seal the records (as defined in | 4 | | subsection (a)(1)(K)). In response to an inquiry for | 5 | | such records, from anyone not authorized by law to | 6 | | access such records, the court, the Illinois State | 7 | | Police, or the agency receiving such inquiry shall | 8 | | reply as it does in response to inquiries when no | 9 | | records ever existed. | 10 | | (D) The Illinois State Police shall send written | 11 | | notice to the petitioner of its compliance with each | 12 | | order to expunge or seal records within 60 days of the | 13 | | date of service of that order or, if a motion to | 14 | | vacate, modify, or reconsider is filed, within 60 days | 15 | | of service of the order resolving the motion, if that | 16 | | order requires the Illinois State Police to expunge or | 17 | | seal records. In the event of an appeal from the | 18 | | circuit court order, the Illinois State Police shall | 19 | | send written notice to the petitioner of its | 20 | | compliance with an Appellate Court or Supreme Court | 21 | | judgment to expunge or seal records within 60 days of | 22 | | the issuance of the court's mandate. The notice is not | 23 | | required while any motion to vacate, modify, or | 24 | | reconsider, or any appeal or petition for | 25 | | discretionary appellate review, is pending. | 26 | | (E) Upon motion, the court may order that a sealed |
| | | HB2418 Enrolled | - 29 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | judgment or other court record necessary to | 2 | | demonstrate the amount of any legal financial | 3 | | obligation due and owing be made available for the | 4 | | limited purpose of collecting any legal financial | 5 | | obligations owed by the petitioner that were | 6 | | established, imposed, or originated in the criminal | 7 | | proceeding for which those records have been sealed. | 8 | | The records made available under this subparagraph (E) | 9 | | shall not be entered into the official index required | 10 | | to be kept by the circuit court clerk under Section 16 | 11 | | of the Clerks of Courts Act and shall be immediately | 12 | | re-impounded upon the collection of the outstanding | 13 | | financial obligations. | 14 | | (F) Notwithstanding any other provision of this | 15 | | Section, a circuit court clerk may access a sealed | 16 | | record for the limited purpose of collecting payment | 17 | | for any legal financial obligations that were | 18 | | established, imposed, or originated in the criminal | 19 | | proceedings for which those records have been sealed. | 20 | | (10) Fees. The Illinois State Police may charge the | 21 | | petitioner a fee equivalent to the cost of processing any | 22 | | order to expunge or seal records. Notwithstanding any | 23 | | provision of the Clerks of Courts Act to the contrary, the | 24 | | circuit court clerk may charge a fee equivalent to the | 25 | | cost associated with the sealing or expungement of records | 26 | | by the circuit court clerk. From the total filing fee |
| | | HB2418 Enrolled | - 30 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | collected for the petition to seal or expunge, the circuit | 2 | | court clerk shall deposit $10 into the Circuit Court Clerk | 3 | | Operation and Administrative Fund, to be used to offset | 4 | | the costs incurred by the circuit court clerk in | 5 | | performing the additional duties required to serve the | 6 | | petition to seal or expunge on all parties. The circuit | 7 | | court clerk shall collect and remit the Illinois State | 8 | | Police portion of the fee to the State Treasurer and it | 9 | | shall be deposited in the State Police Services Fund. If | 10 | | the record brought under an expungement petition was | 11 | | previously sealed under this Section, the fee for the | 12 | | expungement petition for that same record shall be waived. | 13 | | (11) Final Order. No court order issued under the | 14 | | expungement or sealing provisions of this Section shall | 15 | | become final for purposes of appeal until 30 days after | 16 | | service of the order on the petitioner and all parties | 17 | | entitled to notice of the petition. | 18 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 19 | | Section 2-1203 of the Code of Civil Procedure, the | 20 | | petitioner or any party entitled to notice may file a | 21 | | motion to vacate, modify, or reconsider the order granting | 22 | | or denying the petition to expunge or seal within 60 days | 23 | | of service of the order. If filed more than 60 days after | 24 | | service of the order, a petition to vacate, modify, or | 25 | | reconsider shall comply with subsection (c) of Section | 26 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
| | | HB2418 Enrolled | - 31 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | motion to vacate, modify, or reconsider, notice of the | 2 | | motion shall be served upon the petitioner and all parties | 3 | | entitled to notice of the petition. | 4 | | (13) Effect of Order. An order granting a petition | 5 | | under the expungement or sealing provisions of this | 6 | | Section shall not be considered void because it fails to | 7 | | comply with the provisions of this Section or because of | 8 | | any error asserted in a motion to vacate, modify, or | 9 | | reconsider. The circuit court retains jurisdiction to | 10 | | determine whether the order is voidable and to vacate, | 11 | | modify, or reconsider its terms based on a motion filed | 12 | | under paragraph (12) of this subsection (d). | 13 | | (14) Compliance with Order Granting Petition to Seal | 14 | | Records. Unless a court has entered a stay of an order | 15 | | granting a petition to seal, all parties entitled to | 16 | | notice of the petition must fully comply with the terms of | 17 | | the order within 60 days of service of the order even if a | 18 | | party is seeking relief from the order through a motion | 19 | | filed under paragraph (12) of this subsection (d) or is | 20 | | appealing the order. | 21 | | (15) Compliance with Order Granting Petition to | 22 | | Expunge Records. While a party is seeking relief from the | 23 | | order granting the petition to expunge through a motion | 24 | | filed under paragraph (12) of this subsection (d) or is | 25 | | appealing the order, and unless a court has entered a stay | 26 | | of that order, the parties entitled to notice of the |
| | | HB2418 Enrolled | - 32 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | petition must seal, but need not expunge, the records | 2 | | until there is a final order on the motion for relief or, | 3 | | in the case of an appeal, the issuance of that court's | 4 | | mandate. | 5 | | (16) The changes to this subsection (d) made by Public | 6 | | Act 98-163 apply to all petitions pending on August 5, | 7 | | 2013 (the effective date of Public Act 98-163) and to all | 8 | | orders ruling on a petition to expunge or seal on or after | 9 | | August 5, 2013 (the effective date of Public Act 98-163). | 10 | | (e) Whenever a person who has been convicted of an offense | 11 | | is granted
a pardon by the Governor which specifically | 12 | | authorizes expungement, he or she may,
upon verified petition | 13 | | to the Chief Judge of the circuit where the person had
been | 14 | | convicted, any judge of the circuit designated by the Chief | 15 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 16 | | presiding trial judge at the
defendant's trial, have a court | 17 | | order entered expunging the record of
arrest from the official | 18 | | records of the arresting authority and order that the
records | 19 | | of the circuit court clerk and the Illinois State Police be | 20 | | sealed until
further order of the court upon good cause shown | 21 | | or as otherwise provided
herein, and the name of the defendant | 22 | | obliterated from the official index
requested to be kept by | 23 | | the circuit court clerk under Section 16 of the Clerks
of | 24 | | Courts Act in connection with the arrest and conviction for | 25 | | the offense for
which he or she had been pardoned but the order | 26 | | shall not affect any index issued by
the circuit court clerk |
| | | HB2418 Enrolled | - 33 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | before the entry of the order. All records sealed by
the | 2 | | Illinois State Police may be disseminated by the Illinois | 3 | | State Police only to the arresting authority, the State's | 4 | | Attorney, and the court upon a later
arrest for the same or | 5 | | similar offense or for the purpose of sentencing for any
| 6 | | subsequent felony. Upon conviction for any subsequent offense, | 7 | | the Department
of Corrections shall have access to all sealed | 8 | | records of the Illinois State Police
pertaining to that | 9 | | individual. Upon entry of the order of expungement, the
| 10 | | circuit court clerk shall promptly mail a copy of the order to | 11 | | the
person who was pardoned. | 12 | | (e-5) Whenever a person who has been convicted of an | 13 | | offense is granted a certificate of eligibility for sealing by | 14 | | the Prisoner Review Board which specifically authorizes | 15 | | sealing, he or she may, upon verified petition to the Chief | 16 | | Judge of the circuit where the person had been convicted, any | 17 | | judge of the circuit designated by the Chief Judge, or in | 18 | | counties of less than 3,000,000 inhabitants, the presiding | 19 | | trial judge at the petitioner's trial, have a court order | 20 | | entered sealing the record of arrest from the official records | 21 | | of the arresting authority and order that the records of the | 22 | | circuit court clerk and the Illinois State Police be sealed | 23 | | until further order of the court upon good cause shown or as | 24 | | otherwise provided herein, and the name of the petitioner | 25 | | obliterated from the official index requested to be kept by | 26 | | the circuit court clerk under Section 16 of the Clerks of |
| | | HB2418 Enrolled | - 34 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | Courts Act in connection with the arrest and conviction for | 2 | | the offense for which he or she had been granted the | 3 | | certificate but the order shall not affect any index issued by | 4 | | the circuit court clerk before the entry of the order. All | 5 | | records sealed by the Illinois State Police may be | 6 | | disseminated by the Illinois State Police only as required by | 7 | | this Act or to the arresting authority, a law enforcement | 8 | | agency, the State's Attorney, and the court upon a later | 9 | | arrest for the same or similar offense or for the purpose of | 10 | | sentencing for any subsequent felony. Upon conviction for any | 11 | | subsequent offense, the Department of Corrections shall have | 12 | | access to all sealed records of the Illinois State Police | 13 | | pertaining to that individual. Upon entry of the order of | 14 | | sealing, the circuit court clerk shall promptly mail a copy of | 15 | | the order to the person who was granted the certificate of | 16 | | eligibility for sealing. | 17 | | (e-6) Whenever a person who has been convicted of an | 18 | | offense is granted a certificate of eligibility for | 19 | | expungement by the Prisoner Review Board which specifically | 20 | | authorizes expungement, he or she may, upon verified petition | 21 | | to the Chief Judge of the circuit where the person had been | 22 | | convicted, any judge of the circuit designated by the Chief | 23 | | Judge, or in counties of less than 3,000,000 inhabitants, the | 24 | | presiding trial judge at the petitioner's trial, have a court | 25 | | order entered expunging the record of arrest from the official | 26 | | records of the arresting authority and order that the records |
| | | HB2418 Enrolled | - 35 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | of the circuit court clerk and the Illinois State Police be | 2 | | sealed until further order of the court upon good cause shown | 3 | | or as otherwise provided herein, and the name of the | 4 | | petitioner obliterated from the official index requested to be | 5 | | kept by the circuit court clerk under Section 16 of the Clerks | 6 | | of Courts Act in connection with the arrest and conviction for | 7 | | the offense for which he or she had been granted the | 8 | | certificate but the order shall not affect any index issued by | 9 | | the circuit court clerk before the entry of the order. All | 10 | | records sealed by the Illinois State Police may be | 11 | | disseminated by the Illinois State Police only as required by | 12 | | this Act or to the arresting authority, a law enforcement | 13 | | agency, the State's Attorney, and the court upon a later | 14 | | arrest for the same or similar offense or for the purpose of | 15 | | sentencing for any subsequent felony. Upon conviction for any | 16 | | subsequent offense, the Department of Corrections shall have | 17 | | access to all expunged records of the Illinois State Police | 18 | | pertaining to that individual. Upon entry of the order of | 19 | | expungement, the circuit court clerk shall promptly mail a | 20 | | copy of the order to the person who was granted the certificate | 21 | | of eligibility for expungement. | 22 | | (f) Subject to available funding, the Illinois Department
| 23 | | of Corrections shall conduct a study of the impact of sealing,
| 24 | | especially on employment and recidivism rates, utilizing a
| 25 | | random sample of those who apply for the sealing of their
| 26 | | criminal records under Public Act 93-211. At the request of |
| | | HB2418 Enrolled | - 36 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | the
Illinois Department of Corrections, records of the | 2 | | Illinois
Department of Employment Security shall be utilized | 3 | | as
appropriate to assist in the study. The study shall not
| 4 | | disclose any data in a manner that would allow the
| 5 | | identification of any particular individual or employing unit.
| 6 | | The study shall be made available to the General Assembly no
| 7 | | later than September 1, 2010.
| 8 | | (g) Immediate Sealing. | 9 | | (1) Applicability. Notwithstanding any other provision | 10 | | of this Act to the contrary, and cumulative with any | 11 | | rights to expungement or sealing of criminal records, this | 12 | | subsection authorizes the immediate sealing of criminal | 13 | | records of adults and of minors prosecuted as adults. | 14 | | (2) Eligible Records. Arrests or charges not initiated | 15 | | by arrest resulting in acquittal or dismissal with | 16 | | prejudice, except as excluded by subsection (a)(3)(B), | 17 | | that occur on or after January 1, 2018 (the effective date | 18 | | of Public Act 100-282), may be sealed immediately if the | 19 | | petition is filed with the circuit court clerk on the same | 20 | | day and during the same hearing in which the case is | 21 | | disposed. | 22 | | (3) When Records are Eligible to be Immediately | 23 | | Sealed. Eligible records under paragraph (2) of this | 24 | | subsection (g) may be sealed immediately after entry of | 25 | | the final disposition of a case, notwithstanding the | 26 | | disposition of other charges in the same case. |
| | | HB2418 Enrolled | - 37 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | (4) Notice of Eligibility for Immediate Sealing. Upon | 2 | | entry of a disposition for an eligible record under this | 3 | | subsection (g), the defendant shall be informed by the | 4 | | court of his or her right to have eligible records | 5 | | immediately sealed and the procedure for the immediate | 6 | | sealing of these records. | 7 | | (5) Procedure. The following procedures apply to | 8 | | immediate sealing under this subsection (g). | 9 | | (A) Filing the Petition. Upon entry of the final | 10 | | disposition of the case, the defendant's attorney may | 11 | | immediately petition the court, on behalf of the | 12 | | defendant, for immediate sealing of eligible records | 13 | | under paragraph (2) of this subsection (g) that are | 14 | | entered on or after January 1, 2018 (the effective | 15 | | date of Public Act 100-282). The immediate sealing | 16 | | petition may be filed with the circuit court clerk | 17 | | during the hearing in which the final disposition of | 18 | | the case is entered. If the defendant's attorney does | 19 | | not file the petition for immediate sealing during the | 20 | | hearing, the defendant may file a petition for sealing | 21 | | at any time as authorized under subsection (c)(3)(A). | 22 | | (B) Contents of Petition. The immediate sealing | 23 | | petition shall be verified and shall contain the | 24 | | petitioner's name, date of birth, current address, and | 25 | | for each eligible record, the case number, the date of | 26 | | arrest if applicable, the identity of the arresting |
| | | HB2418 Enrolled | - 38 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | authority if applicable, and other information as the | 2 | | court may require. | 3 | | (C) Drug Test. The petitioner shall not be | 4 | | required to attach proof that he or she has passed a | 5 | | drug test. | 6 | | (D) Service of Petition. A copy of the petition | 7 | | shall be served on the State's Attorney in open court. | 8 | | The petitioner shall not be required to serve a copy of | 9 | | the petition on any other agency. | 10 | | (E) Entry of Order. The presiding trial judge | 11 | | shall enter an order granting or denying the petition | 12 | | for immediate sealing during the hearing in which it | 13 | | is filed. Petitions for immediate sealing shall be | 14 | | ruled on in the same hearing in which the final | 15 | | disposition of the case is entered. | 16 | | (F) Hearings. The court shall hear the petition | 17 | | for immediate sealing on the same day and during the | 18 | | same hearing in which the disposition is rendered. | 19 | | (G) Service of Order. An order to immediately seal | 20 | | eligible records shall be served in conformance with | 21 | | subsection (d)(8). | 22 | | (H) Implementation of Order. An order to | 23 | | immediately seal records shall be implemented in | 24 | | conformance with subsections (d)(9)(C) and (d)(9)(D). | 25 | | (I) Fees. The fee imposed by the circuit court | 26 | | clerk and the Illinois State Police shall comply with |
| | | HB2418 Enrolled | - 39 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | paragraph (1) of subsection (d) of this Section. | 2 | | (J) Final Order. No court order issued under this | 3 | | subsection (g) shall become final for purposes of | 4 | | appeal until 30 days after service of the order on the | 5 | | petitioner and all parties entitled to service of the | 6 | | order in conformance with subsection (d)(8). | 7 | | (K) Motion to Vacate, Modify, or Reconsider. Under | 8 | | Section 2-1203 of the Code of Civil Procedure, the | 9 | | petitioner, State's Attorney, or the Illinois State | 10 | | Police may file a motion to vacate, modify, or | 11 | | reconsider the order denying the petition to | 12 | | immediately seal within 60 days of service of the | 13 | | order. If filed more than 60 days after service of the | 14 | | order, a petition to vacate, modify, or reconsider | 15 | | shall comply with subsection (c) of Section 2-1401 of | 16 | | the Code of Civil Procedure. | 17 | | (L) Effect of Order. An order granting an | 18 | | immediate sealing petition shall not be considered | 19 | | void because it fails to comply with the provisions of | 20 | | this Section or because of an error asserted in a | 21 | | motion to vacate, modify, or reconsider. The circuit | 22 | | court retains jurisdiction to determine whether the | 23 | | order is voidable, and to vacate, modify, or | 24 | | reconsider its terms based on a motion filed under | 25 | | subparagraph (L) of this subsection (g). | 26 | | (M) Compliance with Order Granting Petition to |
| | | HB2418 Enrolled | - 40 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | Seal Records. Unless a court has entered a stay of an | 2 | | order granting a petition to immediately seal, all | 3 | | parties entitled to service of the order must fully | 4 | | comply with the terms of the order within 60 days of | 5 | | service of the order. | 6 | | (h) Sealing or vacation and expungement of trafficking | 7 | | victims' crimes ; trafficking victims . | 8 | | (1) A trafficking victim , as defined by paragraph (10) | 9 | | of subsection (a) of Section 10-9 of the Criminal Code of | 10 | | 2012 , may shall be eligible to petition for vacation and | 11 | | expungement or immediate sealing of his or her criminal | 12 | | record upon the completion of his or her last sentence if | 13 | | his or her participation in the underlying offense was a | 14 | | direct result of human trafficking under Section 10-9 of | 15 | | the Criminal Code of 2012 or a severe form of trafficking | 16 | | under the federal Trafficking Victims Protection Act . | 17 | | (1.5) A petition under paragraph (1) shall be | 18 | | prepared, signed, and filed in accordance with Supreme | 19 | | Court Rule 9. The court may allow the petitioner to attend | 20 | | any required hearing remotely in accordance with local | 21 | | rules. The court may allow a petition to be filed under | 22 | | seal if the public filing of the petition would constitute | 23 | | a risk of harm to the petitioner . | 24 | | (2) A petitioner under this subsection (h), in | 25 | | addition to the requirements provided under paragraph (4) | 26 | | of subsection (d) of this Section, shall include in his or |
| | | HB2418 Enrolled | - 41 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | her petition a clear and concise statement that: (A) he or | 2 | | she 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 vacation and expungement or | 10 | | immediate sealing under this subsection (h), the court | 11 | | shall conduct a hearing under paragraph (7) of subsection | 12 | | (d) of this Section and the court shall determine whether | 13 | | the petitioner is entitled to vacation and expungement or | 14 | | immediate sealing under this subsection (h). A petitioner | 15 | | is eligible for vacation and expungement or immediate | 16 | | relief under this subsection (h) if he or she shows, by a | 17 | | preponderance of the evidence, that: (A) he or she was a | 18 | | victim of human trafficking at the time of the offense; | 19 | | and (B) that his or her participation in the offense was a | 20 | | direct result of human trafficking under Section 10-9 of | 21 | | the Criminal Code of 2012 or a severe form of trafficking | 22 | | under the federal Trafficking Victims Protection Act. | 23 | | (i) Minor Cannabis Offenses under the Cannabis Control | 24 | | Act. | 25 | | (1) Expungement of Arrest Records of Minor Cannabis | 26 | | Offenses. |
| | | HB2418 Enrolled | - 42 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | (A) The Illinois State Police and all law | 2 | | enforcement agencies within the State shall | 3 | | automatically expunge all criminal history records of | 4 | | an arrest, charge not initiated by arrest, order of | 5 | | supervision, or order of qualified probation for a | 6 | | Minor Cannabis Offense committed prior to June 25, | 7 | | 2019 (the effective date of Public Act 101-27) if: | 8 | | (i) One year or more has elapsed since the | 9 | | date of the arrest or law enforcement interaction | 10 | | documented in the records; and | 11 | | (ii) No criminal charges were filed relating | 12 | | to the arrest or law enforcement interaction or | 13 | | criminal charges were filed and subsequently | 14 | | dismissed or vacated or the arrestee was | 15 | | acquitted. | 16 | | (B) If the law enforcement agency is unable to | 17 | | verify satisfaction of condition (ii) in paragraph | 18 | | (A), records that satisfy condition (i) in paragraph | 19 | | (A) shall be automatically expunged. | 20 | | (C) Records shall be expunged by the law | 21 | | enforcement agency under the following timelines: | 22 | | (i) Records created prior to June 25, 2019 | 23 | | (the effective date of Public Act 101-27), but on | 24 | | or after January 1, 2013, shall be automatically | 25 | | expunged prior to January 1, 2021; | 26 | | (ii) Records created prior to January 1, 2013, |
| | | HB2418 Enrolled | - 43 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | but on or after January 1, 2000, shall be | 2 | | automatically expunged prior to January 1, 2023; | 3 | | (iii) Records created prior to January 1, 2000 | 4 | | shall be automatically expunged prior to January | 5 | | 1, 2025. | 6 | | In response to an inquiry for expunged records, | 7 | | the law enforcement agency receiving such inquiry | 8 | | shall reply as it does in response to inquiries when no | 9 | | records ever existed; however, it shall provide a | 10 | | certificate of disposition or confirmation that the | 11 | | record was expunged to the individual whose record was | 12 | | expunged if such a record exists. | 13 | | (D) Nothing in this Section shall be construed to | 14 | | restrict or modify an individual's right to have that | 15 | | individual's records expunged except as otherwise may | 16 | | be provided in this Act, or diminish or abrogate any | 17 | | rights or remedies otherwise available to the | 18 | | individual. | 19 | | (2) Pardons Authorizing Expungement of Minor Cannabis | 20 | | Offenses. | 21 | | (A) Upon June 25, 2019 (the effective date of | 22 | | Public Act 101-27), the Department of State Police | 23 | | shall review all criminal history record information | 24 | | and identify all records that meet all of the | 25 | | following criteria: | 26 | | (i) one or more convictions for a Minor |
| | | HB2418 Enrolled | - 44 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | Cannabis Offense; | 2 | | (ii) the conviction identified in paragraph | 3 | | (2)(A)(i) did not include a penalty enhancement | 4 | | under Section 7 of the Cannabis Control Act; and | 5 | | (iii) the conviction identified in paragraph | 6 | | (2)(A)(i) is not associated with a conviction for | 7 | | a violent crime as defined in subsection (c) of | 8 | | Section 3 of the Rights of Crime Victims and | 9 | | Witnesses Act. | 10 | | (B) Within 180 days after June 25, 2019 (the | 11 | | effective date of Public Act 101-27), the Department | 12 | | of State Police shall notify the Prisoner Review Board | 13 | | of all such records that meet the criteria established | 14 | | in paragraph (2)(A). | 15 | | (i) The Prisoner Review Board shall notify the | 16 | | State's Attorney of the county of conviction of | 17 | | each record identified by State Police in | 18 | | paragraph (2)(A) that is classified as a Class 4 | 19 | | felony. The State's Attorney may provide a written | 20 | | objection to the Prisoner Review Board on the sole | 21 | | basis that the record identified does not meet the | 22 | | criteria established in paragraph (2)(A). Such an | 23 | | objection must be filed within 60 days or by such | 24 | | later date set by the Prisoner Review Board in the | 25 | | notice after the State's Attorney received notice | 26 | | from the Prisoner Review Board. |
| | | HB2418 Enrolled | - 45 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | (ii) In response to a written objection from a | 2 | | State's Attorney, the Prisoner Review Board is | 3 | | authorized to conduct a non-public hearing to | 4 | | evaluate the information provided in the | 5 | | objection. | 6 | | (iii) The Prisoner Review Board shall make a | 7 | | confidential and privileged recommendation to the | 8 | | Governor as to whether to grant a pardon | 9 | | authorizing expungement for each of the records | 10 | | identified by the Department of State Police as | 11 | | described in paragraph (2)(A). | 12 | | (C) If an individual has been granted a pardon | 13 | | authorizing expungement as described in this Section, | 14 | | the Prisoner Review Board, through the Attorney | 15 | | General, shall file a petition for expungement with | 16 | | the Chief Judge of the circuit or any judge of the | 17 | | circuit designated by the Chief Judge where the | 18 | | individual had been convicted. Such petition may | 19 | | include more than one individual. Whenever an | 20 | | individual who has been convicted of an offense is | 21 | | granted a pardon by the Governor that specifically | 22 | | authorizes expungement, an objection to the petition | 23 | | may not be filed. Petitions to expunge under this | 24 | | subsection (i) may include more than one individual. | 25 | | Within 90 days of the filing of such a petition, the | 26 | | court shall enter an order expunging the records of |
| | | HB2418 Enrolled | - 46 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | arrest from the official records of the arresting | 2 | | authority and order that the records of the circuit | 3 | | court clerk and the Illinois State Police be expunged | 4 | | and the name of the defendant obliterated from the | 5 | | official index requested to be kept by the circuit | 6 | | court clerk under Section 16 of the Clerks of Courts | 7 | | Act in connection with the arrest and conviction for | 8 | | the offense for which the individual had received a | 9 | | pardon but the order shall not affect any index issued | 10 | | by the circuit court clerk before the entry of the | 11 | | order. Upon entry of the order of expungement, the | 12 | | circuit court clerk shall promptly provide a copy of | 13 | | the order and a certificate of disposition to the | 14 | | individual who was pardoned to the individual's last | 15 | | known address or by electronic means (if available) or | 16 | | otherwise make it available to the individual upon | 17 | | request. | 18 | | (D) Nothing in this Section is intended to | 19 | | diminish or abrogate any rights or remedies otherwise | 20 | | available to the individual. | 21 | | (3) Any individual may file a motion to vacate and | 22 | | expunge a conviction for a misdemeanor or Class 4 felony | 23 | | violation of Section 4 or Section 5 of the Cannabis | 24 | | Control Act. Motions to vacate and expunge under this | 25 | | subsection (i) may be filed with the circuit court, Chief | 26 | | Judge of a judicial circuit or any judge of the circuit |
| | | HB2418 Enrolled | - 47 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | designated by the Chief Judge. The circuit court clerk | 2 | | shall promptly serve a copy of the motion to vacate and | 3 | | expunge, and any supporting documentation, on the State's | 4 | | Attorney or prosecutor charged with the duty of | 5 | | prosecuting the offense. When considering such a motion to | 6 | | vacate and expunge, a court shall consider the following: | 7 | | the reasons to retain the records provided by law | 8 | | enforcement, the petitioner's age, the petitioner's age at | 9 | | the time of offense, the time since the conviction, and | 10 | | the specific adverse consequences if denied. An individual | 11 | | may file such a petition after the completion of any | 12 | | non-financial sentence or non-financial condition imposed | 13 | | by the conviction. Within 60 days of the filing of such | 14 | | motion, a State's Attorney may file an objection to such a | 15 | | petition along with supporting evidence. If a motion to | 16 | | vacate and expunge is granted, the records shall be | 17 | | expunged in accordance with subparagraphs (d)(8) and | 18 | | (d)(9)(A) of this Section. An agency providing civil legal | 19 | | aid, as defined by Section 15 of the Public Interest | 20 | | Attorney Assistance Act, assisting individuals seeking to | 21 | | file a motion to vacate and expunge under this subsection | 22 | | may file motions to vacate and expunge with the Chief | 23 | | Judge of a judicial circuit or any judge of the circuit | 24 | | designated by the Chief Judge, and the motion may include | 25 | | more than one individual. Motions filed by an agency | 26 | | providing civil legal aid concerning more than one |
| | | HB2418 Enrolled | - 48 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | individual may be prepared, presented, and signed | 2 | | electronically. | 3 | | (4) Any State's Attorney may file a motion to vacate | 4 | | and expunge a conviction for a misdemeanor or Class 4 | 5 | | felony violation of Section 4 or Section 5 of the Cannabis | 6 | | Control Act. Motions to vacate and expunge under this | 7 | | subsection (i) may be filed with the circuit court, Chief | 8 | | Judge of a judicial circuit or any judge of the circuit | 9 | | designated by the Chief Judge, and may include more than | 10 | | one individual. Motions filed by a State's Attorney | 11 | | concerning more than one individual may be prepared, | 12 | | presented, and signed electronically. When considering | 13 | | such a motion to vacate and expunge, a court shall | 14 | | consider the following: the reasons to retain the records | 15 | | provided by law enforcement, the individual's age, the | 16 | | individual's age at the time of offense, the time since | 17 | | the conviction, and the specific adverse consequences if | 18 | | denied. Upon entry of an order granting a motion to vacate | 19 | | and expunge records pursuant to this Section, the State's | 20 | | Attorney shall notify the Prisoner Review Board within 30 | 21 | | days. Upon entry of the order of expungement, the circuit | 22 | | court clerk shall promptly provide a copy of the order and | 23 | | a certificate of disposition to the individual whose | 24 | | records will be expunged to the individual's last known | 25 | | address or by electronic means (if available) or otherwise | 26 | | make available to the individual upon request. If a motion |
| | | HB2418 Enrolled | - 49 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | to vacate and expunge is granted, the records shall be | 2 | | expunged in accordance with subparagraphs (d)(8) and | 3 | | (d)(9)(A) of this Section. | 4 | | (5) In the public interest, the State's Attorney of a | 5 | | county has standing to file motions to vacate and expunge | 6 | | pursuant to this Section in the circuit court with | 7 | | jurisdiction over the underlying conviction. | 8 | | (6) If a person is arrested for a Minor Cannabis | 9 | | Offense as defined in this Section before June 25, 2019 | 10 | | (the effective date of Public Act 101-27) and the person's | 11 | | case is still pending but a sentence has not been imposed, | 12 | | the person may petition the court in which the charges are | 13 | | pending for an order to summarily dismiss those charges | 14 | | against him or her, and expunge all official records of | 15 | | his or her arrest, plea, trial, conviction, incarceration, | 16 | | supervision, or expungement. If the court determines, upon | 17 | | review, that:
(A) the person was arrested before June 25, | 18 | | 2019 (the effective date of Public Act 101-27) for an | 19 | | offense that has been made eligible for expungement;
(B) | 20 | | the case is pending at the time; and
(C) the person has not | 21 | | been sentenced of the minor cannabis violation eligible | 22 | | for expungement under this subsection, the court shall | 23 | | consider the following: the reasons to retain the records | 24 | | provided by law enforcement, the petitioner's age, the | 25 | | petitioner's age at the time of offense, the time since | 26 | | the conviction, and the specific adverse consequences if |
| | | HB2418 Enrolled | - 50 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | denied. If a motion to dismiss and expunge is granted, the | 2 | | records shall be expunged in accordance with subparagraph | 3 | | (d)(9)(A) of this Section. | 4 | | (7) A person imprisoned solely as a result of one or | 5 | | more convictions for Minor Cannabis Offenses under this | 6 | | subsection (i) shall be released from incarceration upon | 7 | | the issuance of an order under this subsection. | 8 | | (8) The Illinois State Police shall allow a person to | 9 | | use the access and review process, established in the | 10 | | Illinois State Police, for verifying that his or her | 11 | | records relating to Minor Cannabis Offenses of the | 12 | | Cannabis Control Act eligible under this Section have been | 13 | | expunged. | 14 | | (9) No conviction vacated pursuant to this Section | 15 | | shall serve as the basis for damages for time unjustly | 16 | | served as provided in the Court of Claims Act. | 17 | | (10) Effect of Expungement. A person's right to | 18 | | expunge an expungeable offense shall not be limited under | 19 | | this Section. The effect of an order of expungement shall | 20 | | be to restore the person to the status he or she occupied | 21 | | before the arrest, charge, or conviction. | 22 | | (11) Information. The Illinois State Police shall post | 23 | | general information on its website about the expungement | 24 | | process described in this subsection (i). | 25 | | (j) Felony Prostitution Convictions. | 26 | | (1) Any individual may file a motion to vacate and |
| | | HB2418 Enrolled | - 51 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | expunge a conviction for a prior Class 4 felony violation | 2 | | of prostitution. Motions to vacate and expunge under this | 3 | | subsection (j) may be filed with the circuit court, Chief | 4 | | Judge of a judicial circuit, or any judge of the circuit | 5 | | designated by the Chief Judge. When considering the motion | 6 | | to vacate and expunge, a court shall consider the | 7 | | following: | 8 | | (A) the reasons to retain the records provided by | 9 | | law enforcement; | 10 | | (B) the petitioner's age; | 11 | | (C) the petitioner's age at the time of offense; | 12 | | and | 13 | | (D) the time since the conviction, and the | 14 | | specific adverse consequences if denied. An individual | 15 | | may file the petition after the completion of any | 16 | | sentence or condition imposed by the conviction. | 17 | | Within 60 days of the filing of the motion, a State's | 18 | | Attorney may file an objection to the petition along | 19 | | with supporting evidence. If a motion to vacate and | 20 | | expunge is granted, the records shall be expunged in | 21 | | accordance with subparagraph (d)(9)(A) of this | 22 | | Section. An agency providing civil legal aid, as | 23 | | defined in Section 15 of the Public Interest Attorney | 24 | | Assistance Act, assisting individuals seeking to file | 25 | | a motion to vacate and expunge under this subsection | 26 | | may file motions to vacate and expunge with the Chief |
| | | HB2418 Enrolled | - 52 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | Judge of a judicial circuit or any judge of the circuit | 2 | | designated by the Chief Judge, and the motion may | 3 | | include more than one individual. | 4 | | (2) Any State's Attorney may file a motion to vacate | 5 | | and expunge a conviction for a Class 4 felony violation of | 6 | | prostitution. Motions to vacate and expunge under this | 7 | | subsection (j) may be filed with the circuit court, Chief | 8 | | Judge of a judicial circuit, or any judge of the circuit | 9 | | court designated by the Chief Judge, and may include more | 10 | | than one individual. When considering the motion to vacate | 11 | | and expunge, a court shall consider the following reasons: | 12 | | (A) the reasons to retain the records provided by | 13 | | law enforcement; | 14 | | (B) the petitioner's age; | 15 | | (C) the petitioner's age at the time of offense; | 16 | | (D) the time since the conviction; and | 17 | | (E) the specific adverse consequences if denied. | 18 | | If the State's Attorney files a motion to vacate and | 19 | | expunge records for felony prostitution convictions | 20 | | pursuant to this Section, the State's Attorney shall | 21 | | notify the Prisoner Review Board within 30 days of the | 22 | | filing. If a motion to vacate and expunge is granted, the | 23 | | records shall be expunged in accordance with subparagraph | 24 | | (d)(9)(A) of this Section. | 25 | | (3) In the public interest, the State's Attorney of a | 26 | | county has standing to file motions to vacate and expunge |
| | | HB2418 Enrolled | - 53 - | LRB103 25993 AWJ 52347 b |
|
| 1 | | pursuant to this Section in the circuit court with | 2 | | jurisdiction over the underlying conviction. | 3 | | (4) The Illinois State Police shall allow a person to | 4 | | a use the access and review process, established in the | 5 | | Illinois State Police, for verifying that his or her | 6 | | records relating to felony prostitution eligible under | 7 | | this Section have been expunged. | 8 | | (5) No conviction vacated pursuant to this Section | 9 | | shall serve as the basis for damages for time unjustly | 10 | | served as provided in the Court of Claims Act. | 11 | | (6) Effect of Expungement. A person's right to expunge | 12 | | an expungeable offense shall not be limited under this | 13 | | Section. The effect of an order of expungement shall be to | 14 | | restore the person to the status he or she occupied before | 15 | | the arrest, charge, or conviction. | 16 | | (7) Information. The Illinois State Police shall post | 17 | | general information on its website about the expungement | 18 | | process described in this subsection (j). | 19 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | 20 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | 21 | | 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; | 22 | | 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. | 23 | | 5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
|
|