Illinois General Assembly - Full Text of HB5815
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Full Text of HB5815  98th General Assembly

HB5815sam001 98TH GENERAL ASSEMBLY

Sen. Michael Connelly

Filed: 5/8/2014

 

 


 

 


 
09800HB5815sam001LRB098 18941 MRW 58739 a

1
AMENDMENT TO HOUSE BILL 5815

2    AMENDMENT NO. ______. Amend House Bill 5815 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 or 5-6-3.4
2        of the Unified Code of Corrections, Section
3        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4        those provisions existed before their deletion by
5        Public Act 89-313), Section 10-102 of the Illinois
6        Alcoholism and Other Drug Dependency Act, Section
7        40-10 of the Alcoholism and Other Drug Abuse and
8        Dependency Act, or Section 10 of the Steroid Control
9        Act. For the purpose of this Section, "successful
10        completion" of an order of qualified probation under
11        Section 10-102 of the Illinois Alcoholism and Other
12        Drug Dependency Act and Section 40-10 of the Alcoholism
13        and Other Drug Abuse and Dependency Act means that the
14        probation was terminated satisfactorily and the
15        judgment of 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), (b)(8), (e), (e-5), and (e-6)
15    of this Section, 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) offenses defined as "crimes of violence"
25            in Section 2 of the Crime Victims Compensation Act
26            or a similar provision of a local ordinance;

 

 

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

 

 

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

 

 

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1        dismissal, the petitioner's release without charging,
2        or the reversal or vacation of a conviction, there is
3        no waiting period to petition for the expungement of
4        such records.
5            (B) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an order of
7        supervision, successfully completed by the petitioner,
8        the following time frames will apply:
9                (i) Those arrests or charges that resulted in
10            orders of supervision under Section 3-707, 3-708,
11            3-710, or 5-401.3 of the Illinois Vehicle Code or a
12            similar provision of a local ordinance, or under
13            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
14            Code of 1961 or the Criminal Code of 2012, or a
15            similar provision of a local ordinance, shall not
16            be eligible for expungement until 5 years have
17            passed following the satisfactory termination of
18            the supervision.
19                (i-5) Those arrests or charges that resulted
20            in orders of supervision for a misdemeanor
21            violation of subsection (a) of Section 11-503 of
22            the Illinois Vehicle Code or a similar provision of
23            a local ordinance, that occurred prior to the
24            offender reaching the age of 25 years and the
25            offender has no other conviction for violating
26            Section 11-501 or 11-503 of the Illinois Vehicle

 

 

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1            Code or a similar provision of a local ordinance
2            shall not be eligible for expungement until the
3            petitioner has reached the age of 25 years.
4                (ii) Those arrests or charges that resulted in
5            orders of supervision for any other offenses shall
6            not be eligible for expungement until 2 years have
7            passed following the satisfactory termination of
8            the supervision.
9            (C) When the arrest or charge not initiated by
10        arrest sought to be expunged resulted in an order of
11        qualified probation, successfully completed by the
12        petitioner, such records shall not be eligible for
13        expungement until 5 years have passed following the
14        satisfactory termination of the probation.
15        (3) Those records maintained by the Department for
16    persons arrested prior to their 17th birthday shall be
17    expunged as provided in Section 5-915 of the Juvenile Court
18    Act of 1987.
19        (4) Whenever a person has been arrested for or
20    convicted of any offense, in the name of a person whose
21    identity he or she has stolen or otherwise come into
22    possession of, the aggrieved person from whom the identity
23    was stolen or otherwise obtained without authorization,
24    upon learning of the person having been arrested using his
25    or her identity, may, upon verified petition to the chief
26    judge of the circuit wherein the arrest was made, have a

 

 

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1    court order entered nunc pro tunc by the Chief Judge to
2    correct the arrest record, conviction record, if any, and
3    all official records of the arresting authority, the
4    Department, other criminal justice agencies, the
5    prosecutor, and the trial court concerning such arrest, if
6    any, by removing his or her name from all such records in
7    connection with the arrest and conviction, if any, and by
8    inserting in the records the name of the offender, if known
9    or ascertainable, in lieu of the aggrieved's name. The
10    records of the circuit court clerk shall be sealed until
11    further order of the court upon good cause shown and the
12    name of the aggrieved person obliterated on the official
13    index required to be kept by the circuit court clerk under
14    Section 16 of the Clerks of Courts Act, but the order shall
15    not affect any index issued by the circuit court clerk
16    before the entry of the order. Nothing in this Section
17    shall limit the Department of State Police or other
18    criminal justice agencies or prosecutors from listing
19    under an offender's name the false names he or she has
20    used.
21        (5) Whenever a person has been convicted of criminal
22    sexual assault, aggravated criminal sexual assault,
23    predatory criminal sexual assault of a child, criminal
24    sexual abuse, or aggravated criminal sexual abuse, the
25    victim of that offense may request that the State's
26    Attorney of the county in which the conviction occurred

 

 

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1    file a verified petition with the presiding trial judge at
2    the petitioner's trial to have a court order entered to
3    seal the records of the circuit court clerk in connection
4    with the proceedings of the trial court concerning that
5    offense. However, the records of the arresting authority
6    and the Department of State Police concerning the offense
7    shall not be sealed. The court, upon good cause shown,
8    shall make the records of the circuit court clerk in
9    connection with the proceedings of the trial court
10    concerning the offense available for public inspection.
11        (6) If a conviction has been set aside on direct review
12    or on collateral attack and the court determines by clear
13    and convincing evidence that the petitioner was factually
14    innocent of the charge, the court that finds the petitioner
15    factually innocent of the charge shall enter an expungement
16    order for the conviction for which the petitioner has been
17    determined to be innocent as provided in subsection (b) of
18    Section 5-5-4 of the Unified Code of Corrections.
19        (7) Nothing in this Section shall prevent the
20    Department of State Police from maintaining all records of
21    any person who is admitted to probation upon terms and
22    conditions and who fulfills those terms and conditions
23    pursuant to Section 10 of the Cannabis Control Act, Section
24    410 of the Illinois Controlled Substances Act, Section 70
25    of the Methamphetamine Control and Community Protection
26    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

 

 

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1    Corrections, Section 12-4.3 or subdivision (b)(1) of
2    Section 12-3.05 of the Criminal Code of 1961 or the
3    Criminal Code of 2012, Section 10-102 of the Illinois
4    Alcoholism and Other Drug Dependency Act, Section 40-10 of
5    the Alcoholism and Other Drug Abuse and Dependency Act, or
6    Section 10 of the Steroid Control Act.
7        (8) If the petitioner has been granted a certificate of
8    innocence under Section 2-702 of the Code of Civil
9    Procedure, the court that grants the certificate of
10    innocence shall also enter an order expunging the
11    conviction for which the petitioner has been determined to
12    be innocent as provided in subsection (h) of Section 2-702
13    of the Code of Civil Procedure.
14    (c) Sealing.
15        (1) Applicability. Notwithstanding any other provision
16    of this Act to the contrary, and cumulative with any rights
17    to expungement of criminal records, this subsection
18    authorizes the sealing of criminal records of adults and of
19    minors prosecuted as adults.
20        (2) Eligible Records. The following records may be
21    sealed:
22            (A) All arrests resulting in release without
23        charging;
24            (B) Arrests or charges not initiated by arrest
25        resulting in acquittal, dismissal, or conviction when
26        the conviction was reversed or vacated, except as

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            (B) the reasons for retention of the conviction
2        records by the State;
3            (C) the petitioner's age, criminal record history,
4        and employment history;
5            (D) the period of time between the petitioner's
6        arrest on the charge resulting in the conviction and
7        the filing of the petition under this Section; and
8            (E) the specific adverse consequences the
9        petitioner may be subject to if the petition is denied.
10        (8) Service of order. After entering an order to
11    expunge or seal records, the court must provide copies of
12    the order to the Department, in a form and manner
13    prescribed by the Department, to the petitioner, to the
14    State's Attorney or prosecutor charged with the duty of
15    prosecuting the offense, to the arresting agency, to the
16    chief legal officer of the unit of local government
17    effecting the arrest, and to such other criminal justice
18    agencies as may be ordered by the court.
19        (9) Implementation of order.
20            (A) Upon entry of an order to expunge records
21        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
22                (i) the records shall be expunged (as defined
23            in subsection (a)(1)(E)) by the arresting agency,
24            the Department, and any other agency as ordered by
25            the court, within 60 days of the date of service of
26            the order, unless a motion to vacate, modify, or

 

 

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1            reconsider the order is filed pursuant to
2            paragraph (12) of 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            and
12                (iii) in response to an inquiry for expunged
13            records, the court, the Department, or the agency
14            receiving such inquiry, shall reply as it does in
15            response to inquiries when no records ever
16            existed.
17            (B) Upon entry of an order to expunge records
18        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
19                (i) the records shall be expunged (as defined
20            in subsection (a)(1)(E)) by the arresting agency
21            and any other agency as ordered by the court,
22            within 60 days of the date of service of the order,
23            unless a motion to vacate, modify, or reconsider
24            the order is filed pursuant to paragraph (12) of
25            subsection (d) of this Section;
26                (ii) the records of the circuit court clerk

 

 

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1            shall be impounded until further order of the court
2            upon good cause shown and the name of the
3            petitioner obliterated on the official index
4            required to be kept by the circuit court clerk
5            under Section 16 of the Clerks of Courts Act, but
6            the order shall not affect any index issued by the
7            circuit court clerk before the entry of the order;
8                (iii) the records shall be impounded by the
9            Department within 60 days of the date of service of
10            the order as ordered by the court, unless a motion
11            to vacate, modify, or reconsider the order is filed
12            pursuant to paragraph (12) of subsection (d) of
13            this Section;
14                (iv) records impounded by the Department may
15            be disseminated by the Department only as required
16            by law or to the arresting authority, the State's
17            Attorney, and the court upon a later arrest for the
18            same or a similar offense or for the purpose of
19            sentencing for any subsequent felony, and to the
20            Department of Corrections upon conviction for any
21            offense; and
22                (v) in response to an inquiry for such records
23            from anyone not authorized by law to access such
24            records, the court, the Department, or the agency
25            receiving such inquiry shall reply as it does in
26            response to inquiries when no records ever

 

 

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

 

 

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

 

 

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1        order resolving the motion, if that order requires the
2        Department to expunge or seal records. In the event of
3        an appeal from the circuit court order, the Department
4        shall send written notice to the petitioner of its
5        compliance with an Appellate Court or Supreme Court
6        judgment to expunge or seal records within 60 days of
7        the issuance of the court's mandate. The notice is not
8        required while any motion to vacate, modify, or
9        reconsider, or any appeal or petition for
10        discretionary appellate review, is pending.
11        (10) Fees. The Department may charge the petitioner a
12    fee equivalent to the cost of processing any order to
13    expunge or seal records. Notwithstanding any provision of
14    the Clerks of Courts Act to the contrary, the circuit court
15    clerk may charge a fee equivalent to the cost associated
16    with the sealing or expungement of records by the circuit
17    court clerk. From the total filing fee collected for the
18    petition to seal or expunge, the circuit court clerk shall
19    deposit $10 into the Circuit Court Clerk Operation and
20    Administrative Fund, to be used to offset the costs
21    incurred by the circuit court clerk in performing the
22    additional duties required to serve the petition to seal or
23    expunge on all parties. The circuit court clerk shall
24    collect and forward the Department of State Police portion
25    of the fee to the Department and it shall be deposited in
26    the State Police Services Fund.

 

 

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1        (11) Final Order. No court order issued under the
2    expungement or sealing provisions of this Section shall
3    become final for purposes of appeal until 30 days after
4    service of the order on the petitioner and all parties
5    entitled to notice of the petition.
6        (12) Motion to Vacate, Modify, or Reconsider. Under
7    Section 2-1203 of the Code of Civil Procedure, the
8    petitioner or any party entitled to notice may file a
9    motion to vacate, modify, or reconsider the order granting
10    or denying the petition to expunge or seal within 60 days
11    of service of the order. If filed more than 60 days after
12    service of the order, a petition to vacate, modify, or
13    reconsider shall comply with subsection (c) of Section
14    2-1401 of the Code of Civil Procedure. Upon filing of a
15    motion to vacate, modify, or reconsider, notice of the
16    motion shall be served upon the petitioner and all parties
17    entitled to notice of the petition.
18        (13) Effect of Order. An order granting a petition
19    under the expungement or sealing provisions of this Section
20    shall not be considered void because it fails to comply
21    with the provisions of this Section or because of any error
22    asserted in a motion to vacate, modify, or reconsider. The
23    circuit court retains jurisdiction to determine whether
24    the order is voidable and to vacate, modify, or reconsider
25    its terms based on a motion filed under paragraph (12) of
26    this subsection (d).

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1later arrest for the same or similar offense or for the purpose
2of sentencing for any subsequent felony. Upon conviction for
3any subsequent offense, the Department of Corrections shall
4have access to all expunged records of the Department
5pertaining to that individual. Upon entry of the order of
6expungement, the circuit court clerk shall promptly mail a copy
7of the order to the person who was granted the certificate of
8eligibility for expungement.
9    (f) Subject to available funding, the Illinois Department
10of Corrections shall conduct a study of the impact of sealing,
11especially on employment and recidivism rates, utilizing a
12random sample of those who apply for the sealing of their
13criminal records under Public Act 93-211. At the request of the
14Illinois Department of Corrections, records of the Illinois
15Department of Employment Security shall be utilized as
16appropriate to assist in the study. The study shall not
17disclose any data in a manner that would allow the
18identification of any particular individual or employing unit.
19The study shall be made available to the General Assembly no
20later than September 1, 2010.
21(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
2297-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
231-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
24eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
25eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
269-4-13.)".