HB2378ham001 98TH GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 3/19/2013

 

 


 

 


 
09800HB2378ham001LRB098 05553 RLC 43411 a

1
AMENDMENT TO HOUSE BILL 2378

2    AMENDMENT NO. ______. Amend House Bill 2378 by replacing
3everything after the enacting clause with the following:
 
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),

 

 

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1                (iii) Court (730 ILCS 5/5-1-6),
2                (iv) Defendant (730 ILCS 5/5-1-7),
3                (v) Felony (730 ILCS 5/5-1-9),
4                (vi) Imprisonment (730 ILCS 5/5-1-10),
5                (vii) Judgment (730 ILCS 5/5-1-12),
6                (viii) Misdemeanor (730 ILCS 5/5-1-14),
7                (ix) Offense (730 ILCS 5/5-1-15),
8                (x) Parole (730 ILCS 5/5-1-16),
9                (xi) Petty Offense (730 ILCS 5/5-1-17),
10                (xii) Probation (730 ILCS 5/5-1-18),
11                (xiii) Sentence (730 ILCS 5/5-1-19),
12                (xiv) Supervision (730 ILCS 5/5-1-21), and
13                (xv) Victim (730 ILCS 5/5-1-22).
14            (B) As used in this Section, "charge not initiated
15        by arrest" means a charge (as defined by 730 ILCS
16        5/5-1-3) brought against a defendant where the
17        defendant is not arrested prior to or as a direct
18        result of the charge.
19            (C) "Conviction" means a judgment of conviction or
20        sentence entered upon a plea of guilty or upon a
21        verdict or finding of guilty of an offense, rendered by
22        a legally constituted jury or by a court of competent
23        jurisdiction authorized to try the case without a jury.
24        An order of supervision successfully completed by the
25        petitioner is not a conviction. An order of qualified
26        probation (as defined in subsection (a)(1)(J))

 

 

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1        successfully completed by the petitioner is not a
2        conviction. An order of supervision or an order of
3        qualified probation that is terminated
4        unsatisfactorily is a conviction, unless the
5        unsatisfactory termination is reversed, vacated, or
6        modified and the judgment of conviction, if any, is
7        reversed or vacated.
8            (D) "Criminal offense" means a petty offense,
9        business offense, misdemeanor, felony, or municipal
10        ordinance violation (as defined in subsection
11        (a)(1)(H)). As used in this Section, a minor traffic
12        offense (as defined in subsection (a)(1)(G)) shall not
13        be considered a criminal offense.
14            (E) "Expunge" means to physically destroy the
15        records or return them to the petitioner and to
16        obliterate the petitioner's name from any official
17        index or public record, or both. Nothing in this Act
18        shall require the physical destruction of the circuit
19        court file, but such records relating to arrests or
20        charges, or both, ordered expunged shall be impounded
21        as required by subsections (d)(9)(A)(ii) and
22        (d)(9)(B)(ii).
23            (F) As used in this Section, "last sentence" means
24        the sentence, order of supervision, or order of
25        qualified probation (as defined by subsection
26        (a)(1)(J)), for a criminal offense (as defined by

 

 

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1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

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

 

 

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1        includes but is not limited to the offenses of indecent
2        solicitation of a child or criminal sexual abuse when
3        the victim of such offense is under 18 years of age.
4            (M) "Terminate" as it relates to a sentence or
5        order of supervision or qualified probation includes
6        either satisfactory or unsatisfactory termination of
7        the sentence, unless otherwise specified in this
8        Section.
9        (2) Minor Traffic Offenses. Orders of supervision or
10    convictions for minor traffic offenses shall not affect a
11    petitioner's eligibility to expunge or seal records
12    pursuant to this Section.
13        (3) Exclusions. Except as otherwise provided in
14    subsections (b)(5), (b)(6), (e), and (e-5) of this Section,
15    the court shall not order:
16            (A) the sealing or expungement of the records of
17        arrests or charges not initiated by arrest that result
18        in an order of supervision for or conviction of: (i)
19        any sexual offense committed against a minor; (ii)
20        Section 11-501 of the Illinois Vehicle Code or a
21        similar provision of a local ordinance; or (iii)
22        Section 11-503 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance, unless the
24        arrest or charge is for a misdemeanor violation of
25        subsection (a) of Section 11-503 or a similar provision
26        of a local ordinance, that occurred prior to the

 

 

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

 

 

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1            ordinance;
2                (iv) offenses which are Class A misdemeanors
3            under the Humane Care for Animals Act; or
4                (v) any offense or attempted offense that
5            would subject a person to registration under the
6            Sex Offender Registration Act.
7            (D) the sealing of the records of an arrest which
8        results in the petitioner being charged with a felony
9        offense or records of a charge not initiated by arrest
10        for a felony offense unless:
11                (i) the charge is amended to a misdemeanor and
12            is otherwise eligible to be sealed pursuant to
13            subsection (c);
14                (ii) the charge is brought along with another
15            charge as a part of one case and the charge results
16            in acquittal, dismissal, or conviction when the
17            conviction was reversed or vacated, and another
18            charge brought in the same case results in a
19            disposition for a misdemeanor offense that is
20            eligible to be sealed pursuant to subsection (c) or
21            a disposition listed in paragraph (i), (iii), or
22            (iv) of this subsection;
23                (iii) the charge results in first offender
24            probation as set forth in subsection (c)(2)(E);
25                (iv) the charge is for a Class 4 felony offense
26            listed in subsection (c)(2)(F) or the charge is

 

 

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1            amended to a Class 4 felony offense listed in
2            subsection (c)(2)(F). Records of arrests which
3            result in the petitioner being charged with a Class
4            4 felony offense listed in subsection (c)(2)(F),
5            records of charges not initiated by arrest for
6            Class 4 felony offenses listed in subsection
7            (c)(2)(F), and records of charges amended to a
8            Class 4 felony offense listed in (c)(2)(F) may be
9            sealed, regardless of the disposition, subject to
10            any waiting periods set forth in subsection
11            (c)(3);
12                (v) the charge results in acquittal,
13            dismissal, or the petitioner's release without
14            conviction; or
15                (vi) the charge results in a conviction, but
16            the conviction was reversed or vacated.
17    (b) Expungement.
18        (1) A petitioner may petition the circuit court to
19    expunge the records of his or her arrests and charges not
20    initiated by arrest when:
21            (A) He or she has never been convicted of a
22        criminal offense; and
23            (B) Each arrest or charge not initiated by arrest
24        sought to be expunged resulted in: (i) acquittal,
25        dismissal, or the petitioner's release without
26        charging, unless excluded by subsection (a)(3)(B);

 

 

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1        (ii) a conviction which was vacated or reversed, unless
2        excluded by subsection (a)(3)(B); (iii) an order of
3        supervision and such supervision was successfully
4        completed by the petitioner, unless excluded by
5        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
6        qualified probation (as defined in subsection
7        (a)(1)(J)) and such probation was successfully
8        completed by the petitioner.
9         (1.5) If the petitioner has not been convicted of
10    another criminal offense within a 7-year period for
11    anything other than a minor traffic offense as defined in
12    subsection (a)(1)(G), then the petitioner may petition the
13    circuit court to expunge the records of his or her arrest
14    for a criminal offense that results in a conviction for
15    anything other than:
16            (A) a felony;
17            (B) a misdemeanor violation of any offense listed
18        in Article 11 of the Criminal Code of 1961 or the
19        Criminal Code of 2012 or a misdemeanor violation of
20        Section 12-15 of the Criminal Code of 1961 or any
21        similar provision of a local ordinance;
22            (C) domestic battery or any similar provision of a
23        local ordinance;
24            (D) a misdemeanor violation of any offense listed
25        in Article 24 of the Criminal Code of 1961 or the
26        Criminal Code of 2012, if the offense involves the

 

 

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

 

 

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1            in orders of supervision for a misdemeanor
2            violation of subsection (a) of Section 11-503 of
3            the Illinois Vehicle Code or a similar provision of
4            a local ordinance, that occurred prior to the
5            offender reaching the age of 25 years and the
6            offender has no other conviction for violating
7            Section 11-501 or 11-503 of the Illinois Vehicle
8            Code or a similar provision of a local ordinance
9            shall not be eligible for expungement until the
10            petitioner has reached the age of 25 years.
11                (ii) Those arrests or charges that resulted in
12            orders of supervision for any other offenses shall
13            not be eligible for expungement until 2 years have
14            passed following the satisfactory termination of
15            the supervision.
16            (C) When the arrest or charge not initiated by
17        arrest sought to be expunged resulted in an order of
18        qualified probation, successfully completed by the
19        petitioner, such records shall not be eligible for
20        expungement until 5 years have passed following the
21        satisfactory termination of the probation.
22            (D) When the arrest or charge not initiated by
23        arrest sought to be expunged under subsection
24        (b)(1.5), the records are not eligible for expungement
25        until 7 years have passed following the termination of
26        the sentence with no further convictions during that

 

 

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1        time frame.
2        (3) Those records maintained by the Department for
3    persons arrested prior to their 17th birthday shall be
4    expunged as provided in Section 5-915 of the Juvenile Court
5    Act of 1987.
6        (4) Whenever a person has been arrested for or
7    convicted of any offense, in the name of a person whose
8    identity he or she has stolen or otherwise come into
9    possession of, the aggrieved person from whom the identity
10    was stolen or otherwise obtained without authorization,
11    upon learning of the person having been arrested using his
12    or her identity, may, upon verified petition to the chief
13    judge of the circuit wherein the arrest was made, have a
14    court order entered nunc pro tunc by the Chief Judge to
15    correct the arrest record, conviction record, if any, and
16    all official records of the arresting authority, the
17    Department, other criminal justice agencies, the
18    prosecutor, and the trial court concerning such arrest, if
19    any, by removing his or her name from all such records in
20    connection with the arrest and conviction, if any, and by
21    inserting in the records the name of the offender, if known
22    or ascertainable, in lieu of the aggrieved's name. The
23    records of the circuit court clerk shall be sealed until
24    further order of the court upon good cause shown and the
25    name of the aggrieved person obliterated on the official
26    index required to be kept by the circuit court clerk under

 

 

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1    Section 16 of the Clerks of Courts Act, but the order shall
2    not affect any index issued by the circuit court clerk
3    before the entry of the order. Nothing in this Section
4    shall limit the Department of State Police or other
5    criminal justice agencies or prosecutors from listing
6    under an offender's name the false names he or she has
7    used.
8        (5) Whenever a person has been convicted of criminal
9    sexual assault, aggravated criminal sexual assault,
10    predatory criminal sexual assault of a child, criminal
11    sexual abuse, or aggravated criminal sexual abuse, the
12    victim of that offense may request that the State's
13    Attorney of the county in which the conviction occurred
14    file a verified petition with the presiding trial judge at
15    the petitioner's trial to have a court order entered to
16    seal the records of the circuit court clerk in connection
17    with the proceedings of the trial court concerning that
18    offense. However, the records of the arresting authority
19    and the Department of State Police concerning the offense
20    shall not be sealed. The court, upon good cause shown,
21    shall make the records of the circuit court clerk in
22    connection with the proceedings of the trial court
23    concerning the offense available for public inspection.
24        (6) If a conviction has been set aside on direct review
25    or on collateral attack and the court determines by clear
26    and convincing evidence that the petitioner was factually

 

 

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1    innocent of the charge, the court shall enter an
2    expungement order as provided in subsection (b) of Section
3    5-5-4 of the Unified Code of Corrections.
4        (7) Nothing in this Section shall prevent the
5    Department of State Police from maintaining all records of
6    any person who is admitted to probation upon terms and
7    conditions and who fulfills those terms and conditions
8    pursuant to Section 10 of the Cannabis Control Act, Section
9    410 of the Illinois Controlled Substances Act, Section 70
10    of the Methamphetamine Control and Community Protection
11    Act, Section 5-6-3.3 of the Unified Code of Corrections,
12    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
13    the Criminal Code of 1961 or the Criminal Code of 2012,
14    Section 10-102 of the Illinois Alcoholism and Other Drug
15    Dependency Act, Section 40-10 of the Alcoholism and Other
16    Drug Abuse and Dependency Act, or Section 10 of the Steroid
17    Control Act.
18    (c) Sealing.
19        (1) Applicability. Notwithstanding any other provision
20    of this Act to the contrary, and cumulative with any rights
21    to expungement of criminal records, this subsection
22    authorizes the sealing of criminal records of adults and of
23    minors prosecuted as adults.
24        (2) Eligible Records. The following records may be
25    sealed:
26            (A) All arrests resulting in release without

 

 

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1        charging;
2            (B) Arrests or charges not initiated by arrest
3        resulting in acquittal, dismissal, or conviction when
4        the conviction was reversed or vacated, except as
5        excluded by subsection (a)(3)(B);
6            (C) Arrests or charges not initiated by arrest
7        resulting in orders of supervision successfully
8        completed by the petitioner, unless excluded by
9        subsection (a)(3);
10            (D) Arrests or charges not initiated by arrest
11        resulting in convictions unless excluded by subsection
12        (a)(3);
13            (E) Arrests or charges not initiated by arrest
14        resulting in orders of first offender probation under
15        Section 10 of the Cannabis Control Act, Section 410 of
16        the Illinois Controlled Substances Act, Section 70 of
17        the Methamphetamine Control and Community Protection
18        Act, or Section 5-6-3.3 of the Unified Code of
19        Corrections; and
20            (F) Arrests or charges not initiated by arrest
21        resulting in Class 4 felony convictions for the
22        following offenses:
23                (i) Section 11-14 of the Criminal Code of 1961
24            or the Criminal Code of 2012;
25                (ii) Section 4 of the Cannabis Control Act;
26                (iii) Section 402 of the Illinois Controlled

 

 

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1            Substances Act;
2                (iv) the Methamphetamine Precursor Control
3            Act; and
4                (v) the Steroid Control Act.
5        (3) When Records Are Eligible to Be Sealed. Records
6    identified as eligible under subsection (c)(2) may be
7    sealed as follows:
8            (A) Records identified as eligible under
9        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
10        time.
11            (B) Records identified as eligible under
12        subsection (c)(2)(C) may be sealed (i) 3 years after
13        the termination of petitioner's last sentence (as
14        defined in subsection (a)(1)(F)) if the petitioner has
15        never been convicted of a criminal offense (as defined
16        in subsection (a)(1)(D)); or (ii) 4 years after the
17        termination of the petitioner's last sentence (as
18        defined in subsection (a)(1)(F)) if the petitioner has
19        ever been convicted of a criminal offense (as defined
20        in subsection (a)(1)(D)).
21            (C) Records identified as eligible under
22        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
23        sealed 4 years after the termination of the
24        petitioner's last sentence (as defined in subsection
25        (a)(1)(F)).
26            (D) Records identified in subsection

 

 

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1        (a)(3)(A)(iii) may be sealed after the petitioner has
2        reached the age of 25 years.
3        (4) Subsequent felony convictions. A person may not
4    have subsequent felony conviction records sealed as
5    provided in this subsection (c) if he or she is convicted
6    of any felony offense after the date of the sealing of
7    prior felony convictions as provided in this subsection
8    (c). The court may, upon conviction for a subsequent felony
9    offense, order the unsealing of prior felony conviction
10    records previously ordered sealed by the court.
11        (5) Notice of eligibility for sealing. Upon entry of a
12    disposition for an eligible record under this subsection
13    (c), the petitioner shall be informed by the court of the
14    right to have the records sealed and the procedures for the
15    sealing of the records.
16    (d) Procedure. The following procedures apply to
17expungement under subsections (b) and (e), and sealing under
18subsections (c) and (e-5):
19        (1) Filing the petition. Upon becoming eligible to
20    petition for the expungement or sealing of records under
21    this Section, the petitioner shall file a petition
22    requesting the expungement or sealing of records with the
23    clerk of the court where the arrests occurred or the
24    charges were brought, or both. If arrests occurred or
25    charges were brought in multiple jurisdictions, a petition
26    must be filed in each such jurisdiction. The petitioner

 

 

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1    shall pay the applicable fee, if not waived.
2        (2) Contents of petition. The petition shall be
3    verified and shall contain the petitioner's name, date of
4    birth, current address and, for each arrest or charge not
5    initiated by arrest sought to be sealed or expunged, the
6    case number, the date of arrest (if any), the identity of
7    the arresting authority, and such other information as the
8    court may require. During the pendency of the proceeding,
9    the petitioner shall promptly notify the circuit court
10    clerk of any change of his or her address. If the
11    petitioner has received a certificate of eligibility for
12    sealing from the Prisoner Review Board under paragraph (10)
13    of subsection (a) of Section 3-3-2 of the Unified Code of
14    Corrections, the certificate shall be attached to the
15    petition.
16        (3) Drug test. The petitioner must attach to the
17    petition proof that the petitioner has passed a test taken
18    within 30 days before the filing of the petition showing
19    the absence within his or her body of all illegal
20    substances as defined by the Illinois Controlled
21    Substances Act, the Methamphetamine Control and Community
22    Protection Act, and the Cannabis Control Act if he or she
23    is petitioning to seal felony records pursuant to clause
24    (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is
25    petitioning to expunge felony records of a qualified
26    probation pursuant to clause (b)(1)(B)(iv).

 

 

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1        (4) Service of petition. The circuit court clerk shall
2    promptly serve a copy of the petition on the State's
3    Attorney or prosecutor charged with the duty of prosecuting
4    the offense, the Department of State Police, the arresting
5    agency and the chief legal officer of the unit of local
6    government effecting the arrest.
7        (5) Objections.
8            (A) Any party entitled to notice of the petition
9        may file an objection to the petition. All objections
10        shall be in writing, shall be filed with the circuit
11        court clerk, and shall state with specificity the basis
12        of the objection.
13            (B) Objections to a petition to expunge or seal
14        must be filed within 60 days of the date of service of
15        the petition.
16        (6) Entry of order.
17            (A) The Chief Judge of the circuit wherein the
18        charge was brought, any judge of that circuit
19        designated by the Chief Judge, or in counties of less
20        than 3,000,000 inhabitants, the presiding trial judge
21        at the petitioner's trial, if any, shall rule on the
22        petition to expunge or seal as set forth in this
23        subsection (d)(6).
24            (B) Unless the State's Attorney or prosecutor, the
25        Department of State Police, the arresting agency, or
26        the chief legal officer files an objection to the

 

 

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1        petition to expunge or seal within 60 days from the
2        date of service of the petition, the court shall enter
3        an order granting or denying the petition.
4        (7) Hearings. If an objection is filed, the court shall
5    set a date for a hearing and notify the petitioner and all
6    parties entitled to notice of the petition of the hearing
7    date at least 30 days prior to the hearing, and shall hear
8    evidence on whether the petition should or should not be
9    granted, and shall grant or deny the petition to expunge or
10    seal the records based on the evidence presented at the
11    hearing.
12        (8) Service of order. After entering an order to
13    expunge or seal records, the court must provide copies of
14    the order to the Department, in a form and manner
15    prescribed by the Department, to the petitioner, to the
16    State's Attorney or prosecutor charged with the duty of
17    prosecuting the offense, to the arresting agency, to the
18    chief legal officer of the unit of local government
19    effecting the arrest, and to such other criminal justice
20    agencies as may be ordered by the court.
21        (9) Effect of order.
22            (A) Upon entry of an order to expunge records
23        pursuant to (b)(2)(A), or (b)(2)(B)(ii), or (b)(2)(D)
24        both:
25                (i) the records shall be expunged (as defined
26            in subsection (a)(1)(E)) by the arresting agency,

 

 

09800HB2378ham001- 22 -LRB098 05553 RLC 43411 a

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

 

 

09800HB2378ham001- 23 -LRB098 05553 RLC 43411 a

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

 

 

09800HB2378ham001- 24 -LRB098 05553 RLC 43411 a

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
4            existed.
5            (C) Upon entry of an order to seal records under
6        subsection (c), the arresting agency, any other agency
7        as ordered by the court, the Department, and the court
8        shall seal the records (as defined in subsection
9        (a)(1)(K)). In response to an inquiry for such records
10        from anyone not authorized by law to access such
11        records the court, the Department, or the agency
12        receiving such inquiry shall reply as it does in
13        response to inquiries when no records ever existed.
14        (10) Fees. The Department may charge the petitioner a
15    fee equivalent to the cost of processing any order to
16    expunge or seal records. Notwithstanding any provision of
17    the Clerks of Courts Act to the contrary, the circuit court
18    clerk may charge a fee equivalent to the cost associated
19    with the sealing or expungement of records by the circuit
20    court clerk.
21        From the total filing fee collected for the petition to
22    seal or expunge, the circuit court clerk shall deposit $10
23    into the Circuit Court Clerk Operation and Administrative
24    Fund, to be used to offset the costs incurred by the
25    circuit court clerk in performing the additional duties
26    required to serve the petition to seal or expunge on all

 

 

09800HB2378ham001- 25 -LRB098 05553 RLC 43411 a

1    parties. The circuit court clerk shall collect and forward
2    the Department of State Police portion of the fee to the
3    Department and it shall be deposited in the State Police
4    Services Fund.
5        (11) Final Order. No court order issued under the
6    expungement or sealing provisions of this Section shall
7    become final for purposes of appeal until 30 days after
8    service of the order on the petitioner and all parties
9    entitled to notice of the petition.
10        (12) Motion to Vacate, Modify, or Reconsider. The
11    petitioner or any party entitled to notice may file a
12    motion to vacate, modify, or reconsider the order granting
13    or denying the petition to expunge or seal within 60 days
14    of service of the order.
15    (e) Whenever a person who has been convicted of an offense
16is granted a pardon by the Governor which specifically
17authorizes expungement, he or she may, upon verified petition
18to the Chief Judge of the circuit where the person had been
19convicted, any judge of the circuit designated by the Chief
20Judge, or in counties of less than 3,000,000 inhabitants, the
21presiding trial judge at the defendant's trial, have a court
22order entered expunging the record of arrest from the official
23records of the arresting authority and order that the records
24of the circuit court clerk and the Department be sealed until
25further order of the court upon good cause shown or as
26otherwise provided herein, and the name of the defendant

 

 

09800HB2378ham001- 26 -LRB098 05553 RLC 43411 a

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

 

 

09800HB2378ham001- 27 -LRB098 05553 RLC 43411 a

1order of the court upon good cause shown or as otherwise
2provided herein, and the name of the petitioner obliterated
3from the official index requested to be kept by the circuit
4court clerk under Section 16 of the Clerks of Courts Act in
5connection with the arrest and conviction for the offense for
6which he or she had been granted the certificate but the order
7shall not affect any index issued by the circuit court clerk
8before the entry of the order. All records sealed by the
9Department may be disseminated by the Department only as
10required by this Act or to the arresting authority, a law
11enforcement agency, the State's Attorney, and the court upon a
12later arrest for the same or similar offense or for the purpose
13of sentencing for any subsequent felony. Upon conviction for
14any subsequent offense, the Department of Corrections shall
15have access to all sealed records of the Department pertaining
16to that individual. Upon entry of the order of sealing, the
17circuit court clerk shall promptly mail a copy of the order to
18the person who was granted the certificate of eligibility for
19sealing.
20    (f) Subject to available funding, the Illinois Department
21of Corrections shall conduct a study of the impact of sealing,
22especially on employment and recidivism rates, utilizing a
23random sample of those who apply for the sealing of their
24criminal records under Public Act 93-211. At the request of the
25Illinois Department of Corrections, records of the Illinois
26Department of Employment Security shall be utilized as

 

 

09800HB2378ham001- 28 -LRB098 05553 RLC 43411 a

1appropriate to assist in the study. The study shall not
2disclose any data in a manner that would allow the
3identification of any particular individual or employing unit.
4The study shall be made available to the General Assembly no
5later than September 1, 2010.
6(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
796-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
87-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
9eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13;
1097-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff.
111-1-13; 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.)".