Illinois General Assembly - Full Text of HB5723
Illinois General Assembly

Previous General Assemblies

Full Text of HB5723  97th General Assembly

HB5723 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5723

 

Introduced 2/16/2012, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Allows a person to petition the court and the court to order the sealing of Class 2, 3, and 4 felony conviction records 4 years after termination of the person's last sentence, unless the offense is a: (1) sex offense; (2) DUI; (3) reckless driving; (4) violation of an order of protection; (5) dog fighting; (6) crime of violence as defined in the Crime Victim Compensation Act; or (7) an offense that that requires registration under the Sex Offender Registration Act. Current law limits the sealing of felony conviction records to Class 4 felony convictions for possession of cannabis, possession of a controlled substance, Methamphetamine Precursor Control Act, Steroid Control Act, and prostitution. Requires a person petitioning to seal a drug offense to pass a drug test within the 30 days preceding the filing of the petition to seal.


LRB097 17647 MRW 62854 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5723LRB097 17647 MRW 62854 b

1    AN ACT concerning criminal law.
 
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 and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
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),

 

 

HB5723- 2 -LRB097 17647 MRW 62854 b

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.

 

 

HB5723- 3 -LRB097 17647 MRW 62854 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

 

 

HB5723- 4 -LRB097 17647 MRW 62854 b

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            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 12-4.3(b)(1) and (2)
21        of the Criminal Code of 1961 (as those provisions
22        existed before their deletion by Public Act 89-313),
23        Section 10-102 of the Illinois Alcoholism and Other
24        Drug Dependency Act, Section 40-10 of the Alcoholism
25        and Other Drug Abuse and Dependency Act, or Section 10
26        of the Steroid Control Act. For the purpose of this

 

 

HB5723- 5 -LRB097 17647 MRW 62854 b

1        Section, "successful completion" of an order of
2        qualified probation under Section 10-102 of the
3        Illinois Alcoholism and Other Drug Dependency Act and
4        Section 40-10 of the Alcoholism and Other Drug Abuse
5        and Dependency Act means that the probation was
6        terminated satisfactorily and the judgment of
7        conviction was vacated.
8            (K) "Seal" means to physically and electronically
9        maintain the records, unless the records would
10        otherwise be destroyed due to age, but to make the
11        records unavailable without a court order, subject to
12        the exceptions in Sections 12 and 13 of this Act. The
13        petitioner's name shall also be obliterated from the
14        official index required to be kept by the circuit court
15        clerk under Section 16 of the Clerks of Courts Act, but
16        any index issued by the circuit court clerk before the
17        entry of the order to seal shall not be affected.
18            (L) "Sexual offense committed against a minor"
19        includes but is not limited to the offenses of indecent
20        solicitation of a child or criminal sexual abuse when
21        the victim of such offense is under 18 years of age.
22            (M) "Terminate" as it relates to a sentence or
23        order of supervision or qualified probation includes
24        either satisfactory or unsatisfactory termination of
25        the sentence, unless otherwise specified in this
26        Section.

 

 

HB5723- 6 -LRB097 17647 MRW 62854 b

1        (2) Minor Traffic Offenses. Orders of supervision or
2    convictions for minor traffic offenses shall not affect a
3    petitioner's eligibility to expunge or seal records
4    pursuant to this Section.
5        (3) Exclusions. Except as otherwise provided in
6    subsections (b)(5), (b)(6), and (e) of this Section, the
7    court shall not order:
8            (A) the sealing or expungement of the records of
9        arrests or charges not initiated by arrest that result
10        in an order of supervision for or conviction of: (i)
11        any sexual offense committed against a minor; (ii)
12        Section 11-501 of the Illinois Vehicle Code or a
13        similar provision of a local ordinance; or (iii)
14        Section 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance.
16            (B) the sealing or expungement of records of minor
17        traffic offenses (as defined in subsection (a)(1)(G)),
18        unless the petitioner was arrested and released
19        without charging.
20            (C) the sealing of the records of arrests or
21        charges not initiated by arrest which result in an
22        order of supervision, an order of qualified probation
23        (as defined in subsection (a)(1)(J)), or a conviction
24        for the following offenses:
25                (i) offenses included in Article 11 of the
26            Criminal Code of 1961 or a similar provision of a

 

 

HB5723- 7 -LRB097 17647 MRW 62854 b

1            local ordinance, except Section 11-14 of the
2            Criminal Code of 1961 or a similar provision of a
3            local ordinance;
4                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
5            26-5 of the Criminal Code of 1961 or a similar
6            provision of a local ordinance;
7                (iii) offenses defined as "crimes of violence"
8            in Section 2 of the Crime Victims Compensation Act
9            or a similar provision of a local ordinance;
10                (iv) offenses which are Class A misdemeanors
11            under the Humane Care for Animals Act; or
12                (v) any offense or attempted offense that
13            would subject a person to registration under the
14            Sex Offender Registration Act.
15            (D) the sealing of the records of an arrest which
16        results in the petitioner being charged with a felony
17        offense or records of a charge not initiated by arrest
18        for a felony offense unless:
19                (i) the charge is amended to a misdemeanor and
20            is otherwise eligible to be sealed pursuant to
21            subsection (c);
22                (ii) the charge is brought along with another
23            charge as a part of one case and the charge results
24            in acquittal, dismissal, or conviction when the
25            conviction was reversed or vacated, and another
26            charge brought in the same case results in a

 

 

HB5723- 8 -LRB097 17647 MRW 62854 b

1            disposition for a misdemeanor offense that is
2            eligible to be sealed pursuant to subsection (c) or
3            a disposition listed in paragraph (i), (iii), or
4            (iv) of this subsection;
5                (iii) the charge results in first offender
6            probation as set forth in subsection (c)(2)(E);
7                (iv) the charge is for a Class 4 felony offense
8            listed in subsection (c)(2)(F) or the charge is
9            amended to a Class 4 felony offense listed in
10            subsection (c)(2)(F). Records of arrests which
11            result in the petitioner being charged with a Class
12            4 felony offense listed in subsection (c)(2)(F),
13            records of charges not initiated by arrest for
14            Class 4 felony offenses listed in subsection
15            (c)(2)(F), and records of charges amended to a
16            Class 4 felony offense listed in (c)(2)(F) may be
17            sealed, regardless of the disposition, subject to
18            any waiting periods set forth in subsection
19            (c)(3);
20                (v) the charge results in acquittal,
21            dismissal, or the petitioner's release without
22            conviction; or
23                (vi) the charge results in a conviction, but
24            the conviction was reversed or vacated.
25    (b) Expungement.
26        (1) A petitioner may petition the circuit court to

 

 

HB5723- 9 -LRB097 17647 MRW 62854 b

1    expunge the records of his or her arrests and charges not
2    initiated by arrest when:
3            (A) He or she has never been convicted of a
4        criminal offense; and
5            (B) Each arrest or charge not initiated by arrest
6        sought to be expunged resulted in: (i) acquittal,
7        dismissal, or the petitioner's release without
8        charging, unless excluded by subsection (a)(3)(B);
9        (ii) a conviction which was vacated or reversed, unless
10        excluded by subsection (a)(3)(B); (iii) an order of
11        supervision and such supervision was successfully
12        completed by the petitioner, unless excluded by
13        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
14        qualified probation (as defined in subsection
15        (a)(1)(J)) and such probation was successfully
16        completed by the petitioner.
17        (2) Time frame for filing a petition to expunge.
18            (A) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an acquittal,
20        dismissal, the petitioner's release without charging,
21        or the reversal or vacation of a conviction, there is
22        no waiting period to petition for the expungement of
23        such records.
24            (B) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        supervision, successfully completed by the petitioner,

 

 

HB5723- 10 -LRB097 17647 MRW 62854 b

1        the following time frames will apply:
2                (i) Those arrests or charges that resulted in
3            orders of supervision under Section 3-707, 3-708,
4            3-710, or 5-401.3 of the Illinois Vehicle Code or a
5            similar provision of a local ordinance, or under
6            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7            Code of 1961 or a similar provision of a local
8            ordinance, shall not be eligible for expungement
9            until 5 years have passed following the
10            satisfactory termination of the supervision.
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

 

 

HB5723- 11 -LRB097 17647 MRW 62854 b

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

 

 

HB5723- 12 -LRB097 17647 MRW 62854 b

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 shall enter an
22    expungement order as provided in subsection (b) of Section
23    5-5-4 of the Unified Code of Corrections.
24        (7) Nothing in this Section shall prevent the
25    Department of State Police from maintaining all records of
26    any person who is admitted to probation upon terms and

 

 

HB5723- 13 -LRB097 17647 MRW 62854 b

1    conditions and who fulfills those terms and conditions
2    pursuant to Section 10 of the Cannabis Control Act, Section
3    410 of the Illinois Controlled Substances Act, Section 70
4    of the Methamphetamine Control and Community Protection
5    Act, Section 12-4.3 or subdivision (b)(1) of Section
6    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
7    Illinois Alcoholism and Other Drug Dependency Act, Section
8    40-10 of the Alcoholism and Other Drug Abuse and Dependency
9    Act, or Section 10 of the Steroid Control Act.
10    (c) Sealing.
11        (1) Applicability. Notwithstanding any other provision
12    of this Act to the contrary, and cumulative with any rights
13    to expungement of criminal records, this subsection
14    authorizes the sealing of criminal records of adults and of
15    minors prosecuted as adults.
16        (2) Eligible Records. The following records may be
17    sealed:
18            (A) All arrests resulting in release without
19        charging;
20            (B) Arrests or charges not initiated by arrest
21        resulting in acquittal, dismissal, or conviction when
22        the conviction was reversed or vacated, except as
23        excluded by subsection (a)(3)(B);
24            (C) Arrests or charges not initiated by arrest
25        resulting in orders of supervision successfully
26        completed by the petitioner, unless excluded by

 

 

HB5723- 14 -LRB097 17647 MRW 62854 b

1        subsection (a)(3);
2            (D) Arrests or charges not initiated by arrest
3        resulting in convictions unless excluded by subsection
4        (a)(3);
5            (E) Arrests or charges not initiated by arrest
6        resulting in orders of first offender probation under
7        Section 10 of the Cannabis Control Act, Section 410 of
8        the Illinois Controlled Substances Act, or Section 70
9        of the Methamphetamine Control and Community
10        Protection Act; and
11            (F) Arrests or charges not initiated by arrest
12        resulting in a Class 4 felony conviction convictions
13        for a Class 2, Class 3, or Class 4 felony offense,
14        unless excluded by subsection (a)(3). the following
15        offenses:
16                (i) Section 11-14 of the Criminal Code of 1961;
17                (ii) Section 4 of the Cannabis Control Act;
18                (iii) Section 402 of the Illinois Controlled
19            Substances Act;
20                (iv) the Methamphetamine Precursor Control
21            Act; and
22                (v) the Steroid Control Act.
23        (3) When Records Are Eligible to Be Sealed. Records
24    identified as eligible under subsection (c)(2) may be
25    sealed as follows:
26            (A) Records identified as eligible under

 

 

HB5723- 15 -LRB097 17647 MRW 62854 b

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

 

 

HB5723- 16 -LRB097 17647 MRW 62854 b

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

 

 

HB5723- 17 -LRB097 17647 MRW 62854 b

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

 

 

HB5723- 18 -LRB097 17647 MRW 62854 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.
4            (B) Objections to a petition to expunge or seal
5        must be filed within 60 days of the date of service of
6        the petition.
7        (6) Entry of order.
8            (A) The Chief Judge of the circuit wherein the
9        charge was brought, any judge of that circuit
10        designated by the Chief Judge, or in counties of less
11        than 3,000,000 inhabitants, the presiding trial judge
12        at the petitioner's trial, if any, shall rule on the
13        petition to expunge or seal as set forth in this
14        subsection (d)(6).
15            (B) Unless the State's Attorney or prosecutor, the
16        Department of State Police, the arresting agency, or
17        the chief legal officer files an objection to the
18        petition to expunge or seal within 60 days from the
19        date of service of the petition, the court shall enter
20        an order granting or denying the petition.
21        (7) Hearings. If an objection is filed, the court shall
22    set a date for a hearing and notify the petitioner and all
23    parties entitled to notice of the petition of the hearing
24    date at least 30 days prior to the hearing, and shall hear
25    evidence on whether the petition should or should not be
26    granted, and shall grant or deny the petition to expunge or

 

 

HB5723- 19 -LRB097 17647 MRW 62854 b

1    seal the records based on the evidence presented at the
2    hearing.
3        (8) Service of order. After entering an order to
4    expunge or seal records, the court must provide copies of
5    the order to the Department, in a form and manner
6    prescribed by the Department, to the petitioner, to the
7    State's Attorney or prosecutor charged with the duty of
8    prosecuting the offense, to the arresting agency, to the
9    chief legal officer of the unit of local government
10    effecting the arrest, and to such other criminal justice
11    agencies as may be ordered by the court.
12        (9) Effect of order.
13            (A) Upon entry of an order to expunge records
14        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
15                (i) the records shall be expunged (as defined
16            in subsection (a)(1)(E)) by the arresting agency,
17            the Department, and any other agency as ordered by
18            the court, within 60 days of the date of service of
19            the order, unless a motion to vacate, modify, or
20            reconsider the order is filed pursuant to
21            paragraph (12) of subsection (d) of this Section;
22                (ii) the records of the circuit court clerk
23            shall be impounded until further order of the court
24            upon good cause shown and the name of the
25            petitioner obliterated on the official index
26            required to be kept by the circuit court clerk

 

 

HB5723- 20 -LRB097 17647 MRW 62854 b

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

 

 

HB5723- 21 -LRB097 17647 MRW 62854 b

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

 

 

HB5723- 22 -LRB097 17647 MRW 62854 b

1        records the court, the Department, or the agency
2        receiving such inquiry shall reply as it does in
3        response to inquiries when no records ever existed.
4        (10) Fees. The Department may charge the petitioner a
5    fee equivalent to the cost of processing any order to
6    expunge or seal records. Notwithstanding any provision of
7    the Clerks of Courts Act to the contrary, the circuit court
8    clerk may charge a fee equivalent to the cost associated
9    with the sealing or expungement of records by the circuit
10    court clerk. From the total filing fee collected for the
11    petition to seal or expunge, the circuit court clerk shall
12    deposit $10 into the Circuit Court Clerk Operation and
13    Administrative Fund, to be used to offset the costs
14    incurred by the circuit court clerk in performing the
15    additional duties required to serve the petition to seal or
16    expunge on all parties. The circuit court clerk shall
17    collect and forward the Department of State Police portion
18    of the fee to the Department and it shall be deposited in
19    the State Police Services Fund.
20        (11) Final Order. No court order issued under the
21    expungement or sealing provisions of this Section shall
22    become final for purposes of appeal until 30 days after
23    service of the order on the petitioner and all parties
24    entitled to notice of the petition.
25        (12) Motion to Vacate, Modify, or Reconsider. The
26    petitioner or any party entitled to notice may file a

 

 

HB5723- 23 -LRB097 17647 MRW 62854 b

1    motion to vacate, modify, or reconsider the order granting
2    or denying the petition to expunge or seal within 60 days
3    of service of the order.
4    (e) Whenever a person who has been convicted of an offense
5is granted a pardon by the Governor which specifically
6authorizes expungement, he or she may, upon verified petition
7to the Chief Judge of the circuit where the person had been
8convicted, any judge of the circuit designated by the Chief
9Judge, or in counties of less than 3,000,000 inhabitants, the
10presiding trial judge at the defendant's trial, have a court
11order entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Department be sealed until
14further order of the court upon good cause shown or as
15otherwise provided herein, and the name of the defendant
16obliterated from the official index requested to be kept by the
17circuit court clerk under Section 16 of the Clerks of Courts
18Act in connection with the arrest and conviction for the
19offense for which he or she had been pardoned but the order
20shall not affect any index issued by the circuit court clerk
21before the entry of the order. All records sealed by the
22Department may be disseminated by the Department only as
23required by law or to the arresting authority, the State's
24Attorney, and the court upon a later arrest for the same or
25similar offense or for the purpose of sentencing for any
26subsequent felony. Upon conviction for any subsequent offense,

 

 

HB5723- 24 -LRB097 17647 MRW 62854 b

1the Department of Corrections shall have access to all sealed
2records of the Department pertaining to that individual. Upon
3entry of the order of expungement, the circuit court clerk
4shall promptly mail a copy of the order to the person who was
5pardoned.
6    (f) Subject to available funding, the Illinois Department
7of Corrections shall conduct a study of the impact of sealing,
8especially on employment and recidivism rates, utilizing a
9random sample of those who apply for the sealing of their
10criminal records under Public Act 93-211. At the request of the
11Illinois Department of Corrections, records of the Illinois
12Department of Employment Security shall be utilized as
13appropriate to assist in the study. The study shall not
14disclose any data in a manner that would allow the
15identification of any particular individual or employing unit.
16The study shall be made available to the General Assembly no
17later than September 1, 2010.
18(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
1996-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
207-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
21eff. 8-19-11; revised 9-6-11.)