Illinois General Assembly - Full Text of HB2378
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Full Text of HB2378  98th General Assembly

HB2378ham004 98TH GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 3/21/2014

 

 


 

 


 
09800HB2378ham004LRB098 05553 RLC 57329 a

1
AMENDMENT TO HOUSE BILL 2378

2    AMENDMENT NO. ______. Amend House Bill 2378, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6changing Section 5.2 as follows:
 
7    (20 ILCS 2630/5.2)
8    Sec. 5.2. Expungement and sealing.
9    (a) General Provisions.
10        (1) Definitions. In this Act, words and phrases have
11    the meanings set forth in this subsection, except when a
12    particular context clearly requires a different meaning.
13            (A) The following terms shall have the meanings
14        ascribed to them in the Unified Code of Corrections,
15        730 ILCS 5/5-1-2 through 5/5-1-22:
16                (i) Business Offense (730 ILCS 5/5-1-2),

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            or Section 125 of the Stalking No Contact Order
2            Act, or Section 219 of the Civil No Contact Order
3            Act, offenses defined as "crimes of violence" in
4            Section 2 of the Crime Victims Compensation Act or
5            a similar provision of a local ordinance;
6                (iv) offenses which are Class A misdemeanors
7            under the Humane Care for Animals Act; or
8                (v) any offense or attempted offense that
9            would subject a person to registration under the
10            Sex Offender Registration Act.
11            (D) the sealing of the records of an arrest which
12        results in the petitioner being charged with a felony
13        offense or records of a charge not initiated by arrest
14        for a felony offense unless:
15                (i) the charge is amended to a misdemeanor and
16            is otherwise eligible to be sealed pursuant to
17            subsection (c);
18                (ii) the charge is brought along with another
19            charge as a part of one case and the charge results
20            in acquittal, dismissal, or conviction when the
21            conviction was reversed or vacated, and another
22            charge brought in the same case results in a
23            disposition for a misdemeanor offense that is
24            eligible to be sealed pursuant to subsection (c) or
25            a disposition listed in paragraph (i), (iii), or
26            (iv) of this subsection;

 

 

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1                (iii) the charge results in first offender
2            probation as set forth in subsection (c)(2)(E);
3                (iv) the charge is for a felony offense listed
4            in subsection (c)(2)(F) or the charge is amended to
5            a felony offense listed in subsection (c)(2)(F);
6                (v) the charge results in acquittal,
7            dismissal, or the petitioner's release without
8            conviction; or
9                (vi) the charge results in a conviction, but
10            the conviction was reversed or vacated.
11    (b) Expungement.
12        (1) A petitioner may petition the circuit court to
13    expunge the records of his or her arrests and charges not
14    initiated by arrest when:
15            (A) He or she has never been convicted of a
16        criminal offense; and
17            (B) Each arrest or charge not initiated by arrest
18        sought to be expunged resulted in: (i) acquittal,
19        dismissal, or the petitioner's release without
20        charging, unless excluded by subsection (a)(3)(B);
21        (ii) a conviction which was vacated or reversed, unless
22        excluded by subsection (a)(3)(B); (iii) an order of
23        supervision and such supervision was successfully
24        completed by the petitioner, unless excluded by
25        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
26        qualified probation (as defined in subsection

 

 

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1        (a)(1)(J)) and such probation was successfully
2        completed by the petitioner.
3        (2) Time frame for filing a petition to expunge.
4            (A) When the arrest or charge not initiated by
5        arrest sought to be expunged resulted in an acquittal,
6        dismissal, the petitioner's release without charging,
7        or the reversal or vacation of a conviction, there is
8        no waiting period to petition for the expungement of
9        such records.
10            (B) When the arrest or charge not initiated by
11        arrest sought to be expunged resulted in an order of
12        supervision, successfully completed by the petitioner,
13        the following time frames will apply:
14                (i) Those arrests or charges that resulted in
15            orders of supervision under Section 3-707, 3-708,
16            3-710, or 5-401.3 of the Illinois Vehicle Code or a
17            similar provision of a local ordinance, or under
18            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
19            Code of 1961 or the Criminal Code of 2012, or a
20            similar provision of a local ordinance, shall not
21            be eligible for expungement until 5 years have
22            passed following the satisfactory termination of
23            the supervision.
24                (i-5) Those arrests or charges that resulted
25            in orders of supervision for a misdemeanor
26            violation of subsection (a) of Section 11-503 of

 

 

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1            the Illinois Vehicle Code or a similar provision of
2            a local ordinance, that occurred prior to the
3            offender reaching the age of 25 years and the
4            offender has no other conviction for violating
5            Section 11-501 or 11-503 of the Illinois Vehicle
6            Code or a similar provision of a local ordinance
7            shall not be eligible for expungement until the
8            petitioner has reached the age of 25 years.
9                (ii) Those arrests or charges that resulted in
10            orders of supervision for any other offenses shall
11            not be eligible for expungement until 2 years have
12            passed following the satisfactory termination of
13            the supervision.
14            (C) When the arrest or charge not initiated by
15        arrest sought to be expunged resulted in an order of
16        qualified probation, successfully completed by the
17        petitioner, such records shall not be eligible for
18        expungement until 5 years have passed following the
19        satisfactory termination of the probation.
20        (3) Those records maintained by the Department for
21    persons arrested prior to their 17th birthday shall be
22    expunged as provided in Section 5-915 of the Juvenile Court
23    Act of 1987.
24        (4) Whenever a person has been arrested for or
25    convicted of any offense, in the name of a person whose
26    identity he or she has stolen or otherwise come into

 

 

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1    possession of, the aggrieved person from whom the identity
2    was stolen or otherwise obtained without authorization,
3    upon learning of the person having been arrested using his
4    or her identity, may, upon verified petition to the chief
5    judge of the circuit wherein the arrest was made, have a
6    court order entered nunc pro tunc by the Chief Judge to
7    correct the arrest record, conviction record, if any, and
8    all official records of the arresting authority, the
9    Department, other criminal justice agencies, the
10    prosecutor, and the trial court concerning such arrest, if
11    any, by removing his or her name from all such records in
12    connection with the arrest and conviction, if any, and by
13    inserting in the records the name of the offender, if known
14    or ascertainable, in lieu of the aggrieved's name. The
15    records of the circuit court clerk shall be sealed until
16    further order of the court upon good cause shown and the
17    name of the aggrieved person obliterated on the official
18    index required to be kept by the circuit court clerk under
19    Section 16 of the Clerks of Courts Act, but the order shall
20    not affect any index issued by the circuit court clerk
21    before the entry of the order. Nothing in this Section
22    shall limit the Department of State Police or other
23    criminal justice agencies or prosecutors from listing
24    under an offender's name the false names he or she has
25    used.
26        (5) Whenever a person has been convicted of criminal

 

 

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1    sexual assault, aggravated criminal sexual assault,
2    predatory criminal sexual assault of a child, criminal
3    sexual abuse, or aggravated criminal sexual abuse, the
4    victim of that offense may request that the State's
5    Attorney of the county in which the conviction occurred
6    file a verified petition with the presiding trial judge at
7    the petitioner's trial to have a court order entered to
8    seal the records of the circuit court clerk in connection
9    with the proceedings of the trial court concerning that
10    offense. However, the records of the arresting authority
11    and the Department of State Police concerning the offense
12    shall not be sealed. The court, upon good cause shown,
13    shall make the records of the circuit court clerk in
14    connection with the proceedings of the trial court
15    concerning the offense available for public inspection.
16        (6) If a conviction has been set aside on direct review
17    or on collateral attack and the court determines by clear
18    and convincing evidence that the petitioner was factually
19    innocent of the charge, the court that finds the petitioner
20    factually innocent of the charge shall enter an expungement
21    order for the conviction for which the petitioner has been
22    determined to be innocent as provided in subsection (b) of
23    Section 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

 

 

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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 5-6-3.3 or 5-6-3.4 of the Unified Code of
6    Corrections, Section 12-4.3 or subdivision (b)(1) of
7    Section 12-3.05 of the Criminal Code of 1961 or the
8    Criminal Code of 2012, Section 10-102 of the Illinois
9    Alcoholism and Other Drug Dependency Act, Section 40-10 of
10    the Alcoholism and Other Drug Abuse and Dependency Act, or
11    Section 10 of the Steroid Control Act.
12        (8) If the petitioner has been granted a certificate of
13    innocence under Section 2-702 of the Code of Civil
14    Procedure, the court that grants the certificate of
15    innocence shall also enter an order expunging the
16    conviction for which the petitioner has been determined to
17    be innocent as provided in subsection (h) of Section 2-702
18    of the Code of Civil Procedure.
19    (c) Sealing.
20        (1) Applicability. Notwithstanding any other provision
21    of this Act to the contrary, and cumulative with any rights
22    to expungement of criminal records, this subsection
23    authorizes the sealing of criminal records of adults and of
24    minors prosecuted as adults.
25        (2) Eligible Records. The following records may be
26    sealed:

 

 

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1            (A) All arrests resulting in release without
2        charging;
3            (B) Arrests or charges not initiated by arrest
4        resulting in acquittal, dismissal, or conviction when
5        the conviction was reversed or vacated, except as
6        excluded by subsection (a)(3)(B);
7            (C) Arrests or charges not initiated by arrest
8        resulting in orders of supervision successfully
9        completed by the petitioner, unless excluded by
10        subsection (a)(3);
11            (D) Arrests or charges not initiated by arrest
12        resulting in convictions unless excluded by subsection
13        (a)(3);
14            (E) Arrests or charges not initiated by arrest
15        resulting in orders of first offender probation under
16        Section 10 of the Cannabis Control Act, Section 410 of
17        the Illinois Controlled Substances Act, Section 70 of
18        the Methamphetamine Control and Community Protection
19        Act, or Section 5-6-3.3 of the Unified Code of
20        Corrections; and
21            (F) Arrests or charges not initiated by arrest
22        resulting in felony convictions for the following
23        offenses:
24                (i) Class 4 felony convictions for:
25                    Prostitution under Section 11-14 of the
26                Criminal Code of 1961 or the Criminal Code of

 

 

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1                2012.
2                    Possession of cannabis under Section 4 of
3                the Cannabis Control Act.
4                    Possession of a controlled substance under
5                Section 402 of the Illinois Controlled
6                Substances Act.
7                    Offenses under the Methamphetamine
8                Precursor Control Act.
9                    Offenses under the Steroid Control Act.
10                    Theft under Section 16-1 of the Criminal
11                Code of 1961 or the Criminal Code of 2012.
12                    Retail theft under Section 16A-3 or
13                paragraph (a) of 16-25 of the Criminal Code of
14                1961 or the Criminal Code of 2012.
15                    Deceptive practices under Section 17-1 of
16                the Criminal Code of 1961 or the Criminal Code
17                of 2012.
18                    Forgery under Section 17-3 of the Criminal
19                Code of 1961 or the Criminal Code of 2012.
20                    Possession of burglary tools under Section
21                19-2 of the Criminal Code of 1961 or the
22                Criminal Code of 2012.
23            (ii) Class 3 felony convictions for:
24                    Theft under Section 16-1 of the Criminal
25                Code of 1961 or the Criminal Code of 2012.
26                    Retail theft under Section 16A-3 or

 

 

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1                paragraph (a) of 16-25 of the Criminal Code of
2                1961 or the Criminal Code of 2012.
3                    Deceptive practices under Section 17-1 of
4                the Criminal Code of 1961 or the Criminal Code
5                of 2012.
6                    Forgery under Section 17-3 of the Criminal
7                Code of 1961 or the Criminal Code of 2012.
8                    Possession with intent to manufacture or
9                deliver a controlled substance under Section
10                401 of the Illinois Controlled Substances Act.
11        (3) When Records Are Eligible to Be Sealed. Records
12    identified as eligible under subsection (c)(2) may be
13    sealed as follows:
14            (A) Records identified as eligible under
15        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
16        time.
17            (B) Records identified as eligible under
18        subsection (c)(2)(C) may be sealed (i) 3 years after
19        the termination of petitioner's last sentence (as
20        defined in subsection (a)(1)(F)) if the petitioner has
21        never been convicted of a criminal offense (as defined
22        in subsection (a)(1)(D)); or (ii) 4 years after the
23        termination of the petitioner's last sentence (as
24        defined in subsection (a)(1)(F)) if the petitioner has
25        ever been convicted of a criminal offense (as defined
26        in subsection (a)(1)(D)).

 

 

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1            (C) Records identified as eligible under
2        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
3        sealed 4 years after the termination of the
4        petitioner's last sentence (as defined in subsection
5        (a)(1)(F)).
6            (D) Records identified in subsection
7        (a)(3)(A)(iii) may be sealed after the petitioner has
8        reached the age of 25 years.
9        (4) Subsequent felony convictions. A person may not
10    have subsequent felony conviction records sealed as
11    provided in this subsection (c) if he or she is convicted
12    of any felony offense after the date of the sealing of
13    prior felony convictions as provided in this subsection
14    (c). The court may, upon conviction for a subsequent felony
15    offense, order the unsealing of prior felony conviction
16    records previously ordered sealed by the court.
17        (5) Notice of eligibility for sealing. Upon entry of a
18    disposition for an eligible record under this subsection
19    (c), the petitioner shall be informed by the court of the
20    right to have the records sealed and the procedures for the
21    sealing of the records.
22    (d) Procedure. The following procedures apply to
23expungement under subsections (b), (e), and (e-6) and sealing
24under subsections (c) and (e-5):
25        (1) Filing the petition. Upon becoming eligible to
26    petition for the expungement or sealing of records under

 

 

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1    this Section, the petitioner shall file a petition
2    requesting the expungement or sealing of records with the
3    clerk of the court where the arrests occurred or the
4    charges were brought, or both. If arrests occurred or
5    charges were brought in multiple jurisdictions, a petition
6    must be filed in each such jurisdiction. The petitioner
7    shall pay the applicable fee, if not waived.
8        (2) Contents of petition. The petition shall be
9    verified and shall contain the petitioner's name, date of
10    birth, current address and, for each arrest or charge not
11    initiated by arrest sought to be sealed or expunged, the
12    case number, the date of arrest (if any), the identity of
13    the arresting authority, and such other information as the
14    court may require. During the pendency of the proceeding,
15    the petitioner shall promptly notify the circuit court
16    clerk of any change of his or her address. If the
17    petitioner has received a certificate of eligibility for
18    sealing from the Prisoner Review Board under paragraph (10)
19    of subsection (a) of Section 3-3-2 of the Unified Code of
20    Corrections, the certificate shall be attached to the
21    petition.
22        (3) Drug test. The petitioner must attach to the
23    petition proof that the petitioner has passed a test taken
24    within 30 days before the filing of the petition showing
25    the absence within his or her body of all illegal
26    substances as defined by the Illinois Controlled

 

 

09800HB2378ham004- 20 -LRB098 05553 RLC 57329 a

1    Substances Act, the Methamphetamine Control and Community
2    Protection Act, and the Cannabis Control Act if he or she
3    is petitioning to:
4            (A) seal felony records under clause (c)(2)(E);
5            (B) seal felony records for a violation of the
6        Illinois Controlled Substances Act, the
7        Methamphetamine Control and Community Protection Act,
8        or the Cannabis Control Act under clause (c)(2)(F);
9            (C) seal felony records under subsection (e-5); or
10            (D) expunge felony records of a qualified
11        probation under clause (b)(1)(B)(iv).
12        (4) Service of petition. The circuit court clerk shall
13    promptly serve a copy of the petition and documentation to
14    support the petition under subsection (e), (e-5), or (e-6)
15    on the State's Attorney or prosecutor charged with the duty
16    of prosecuting the offense, the Department of State Police,
17    the arresting agency and the chief legal officer of the
18    unit of local government effecting the arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the basis
24        of the objection.
25            (B) Objections to a petition to expunge or seal
26        must be filed within 60 days of the date of service of

 

 

09800HB2378ham004- 21 -LRB098 05553 RLC 57329 a

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

 

 

09800HB2378ham004- 22 -LRB098 05553 RLC 57329 a

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

 

 

09800HB2378ham004- 23 -LRB098 05553 RLC 57329 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

 

 

09800HB2378ham004- 24 -LRB098 05553 RLC 57329 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

 

 

09800HB2378ham004- 25 -LRB098 05553 RLC 57329 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            (B-5) Upon entry of an order to expunge records
6        under subsection (e-6):
7                (i) the records shall be expunged (as defined
8            in subsection (a)(1)(E)) by the arresting agency
9            and any other agency as ordered by the court,
10            within 60 days of the date of service of the order,
11            unless a motion to vacate, modify, or reconsider
12            the order is filed under paragraph (12) of
13            subsection (d) of this Section;
14                (ii) the records of the circuit court clerk
15            shall be impounded until further order of the court
16            upon good cause shown and the name of the
17            petitioner obliterated on the official index
18            required to be kept by the circuit court clerk
19            under Section 16 of the Clerks of Courts Act, but
20            the order shall not affect any index issued by the
21            circuit court clerk before the entry of the order;
22                (iii) the records shall be impounded by the
23            Department within 60 days of the date of service of
24            the order as ordered by the court, unless a motion
25            to vacate, modify, or reconsider the order is filed
26            under paragraph (12) of subsection (d) of this

 

 

09800HB2378ham004- 26 -LRB098 05553 RLC 57329 a

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

 

 

09800HB2378ham004- 27 -LRB098 05553 RLC 57329 a

1        or seal records within 60 days of the date of service
2        of that order or, if a motion to vacate, modify, or
3        reconsider is filed, within 60 days of service of the
4        order resolving the motion, if that order requires the
5        Department to expunge or seal records. In the event of
6        an appeal from the circuit court order, the Department
7        shall send written notice to the petitioner of its
8        compliance with an Appellate Court or Supreme Court
9        judgment to expunge or seal records within 60 days of
10        the issuance of the court's mandate. The notice is not
11        required while any motion to vacate, modify, or
12        reconsider, or any appeal or petition for
13        discretionary appellate review, is pending.
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. From the total filing fee collected for the
21    petition to seal or expunge, the circuit court clerk shall
22    deposit $10 into the Circuit Court Clerk Operation and
23    Administrative Fund, to be used to offset the costs
24    incurred by the circuit court clerk in performing the
25    additional duties required to serve the petition to seal or
26    expunge on all parties. The circuit court clerk shall

 

 

09800HB2378ham004- 28 -LRB098 05553 RLC 57329 a

1    collect and forward the Department of State Police portion
2    of the fee to the Department and it shall be deposited in
3    the State Police Services Fund.
4        (11) Final Order. No court order issued under the
5    expungement or sealing provisions of this Section shall
6    become final for purposes of appeal until 30 days after
7    service of the order on the petitioner and all parties
8    entitled to notice of the petition.
9        (12) Motion to Vacate, Modify, or Reconsider. Under
10    Section 2-1203 of the Code of Civil Procedure, 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. If filed more than 60 days after
15    service of the order, a petition to vacate, modify, or
16    reconsider shall comply with subsection (c) of Section
17    2-1401 of the Code of Civil Procedure. Upon filing of a
18    motion to vacate, modify, or reconsider, notice of the
19    motion shall be served upon the petitioner and all parties
20    entitled to notice of the petition.
21        (13) Effect of Order. An order granting a petition
22    under the expungement or sealing provisions of this Section
23    shall not be considered void because it fails to comply
24    with the provisions of this Section or because of any error
25    asserted in a motion to vacate, modify, or reconsider. The
26    circuit court retains jurisdiction to determine whether

 

 

09800HB2378ham004- 29 -LRB098 05553 RLC 57329 a

1    the order is voidable and to vacate, modify, or reconsider
2    its terms based on a motion filed under paragraph (12) of
3    this subsection (d).
4        (14) Compliance with Order Granting Petition to Seal
5    Records. Unless a court has entered a stay of an order
6    granting a petition to seal, all parties entitled to notice
7    of the petition must fully comply with the terms of the
8    order within 60 days of service of the order even if a
9    party is seeking relief from the order through a motion
10    filed under paragraph (12) of this subsection (d) or is
11    appealing the order.
12        (15) Compliance with Order Granting Petition to
13    Expunge Records. While a party is seeking relief from the
14    order granting the petition to expunge through a motion
15    filed under paragraph (12) of this subsection (d) or is
16    appealing the order, and unless a court has entered a stay
17    of that order, the parties entitled to notice of the
18    petition must seal, but need not expunge, the records until
19    there is a final order on the motion for relief or, in the
20    case of an appeal, the issuance of that court's mandate.
21        (16) The changes to this subsection (d) made by Public
22    Act 98-163 this amendatory Act of the 98th General Assembly
23    apply to all petitions pending on August 5, 2013 (the
24    effective date of Public Act 98-163) this amendatory Act of
25    the 98th General Assembly and to all orders ruling on a
26    petition to expunge or seal on or after August 5, 2013 (the

 

 

09800HB2378ham004- 30 -LRB098 05553 RLC 57329 a

1    effective date of Public Act 98-163) this amendatory Act of
2    the 98th General Assembly.
3    (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered expunging the record of arrest from the official
11records of the arresting authority and order that the records
12of the circuit court clerk and the Department be sealed until
13further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the defendant
15obliterated from the official index requested to be kept by the
16circuit court clerk under Section 16 of the Clerks of Courts
17Act in connection with the arrest and conviction for the
18offense for which he or she had been pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only to the
22arresting authority, the State's Attorney, and the court upon a
23later arrest for the same or similar offense or for the purpose
24of sentencing for any subsequent felony. Upon conviction for
25any subsequent offense, the Department of Corrections shall
26have access to all sealed records of the Department pertaining

 

 

09800HB2378ham004- 31 -LRB098 05553 RLC 57329 a

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

 

 

09800HB2378ham004- 32 -LRB098 05553 RLC 57329 a

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

 

 

09800HB2378ham004- 33 -LRB098 05553 RLC 57329 a

1by the Department may be disseminated by the Department only as
2required by this Act or to the arresting authority, a law
3enforcement agency, the State's Attorney, and the court upon a
4later arrest for the same or similar offense or for the purpose
5of sentencing for any subsequent felony. Upon conviction for
6any subsequent offense, the Department of Corrections shall
7have access to all expunged records of the Department
8pertaining to that individual. Upon entry of the order of
9expungement, the circuit court clerk shall promptly mail a copy
10of the order to the person who was granted the certificate of
11eligibility for expungement.
12    (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of the
17Illinois Department of Corrections, records of the Illinois
18Department of Employment Security shall be utilized as
19appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
2597-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
261-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,

 

 

09800HB2378ham004- 34 -LRB098 05553 RLC 57329 a

1eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
2eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
39-4-13.)".