Illinois General Assembly - Full Text of SB0978
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Full Text of SB0978  98th General Assembly

SB0978ham001 98TH GENERAL ASSEMBLY

Rep. Arthur Turner

Filed: 5/15/2014

 

 


 

 


 
09800SB0978ham001LRB098 21360 RLC 59661 a

1
AMENDMENT TO SENATE BILL 978

2    AMENDMENT NO. ______. Amend Senate Bill 978 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Records Act is amended by changing
5Section 3 as follows:
 
6    (5 ILCS 160/3)  (from Ch. 116, par. 43.6)
7    Sec. 3. Records as property of State.
8    (a) All records created or received by or under the
9authority of or coming into the custody, control, or possession
10of public officials of this State in the course of their public
11duties are the property of the State. These records may not be
12mutilated, destroyed, transferred, removed, or otherwise
13damaged or disposed of, in whole or in part, except as provided
14by law. Any person shall have the right of access to any public
15records, unless access to the records is otherwise limited or
16prohibited by law. This subsection (a) does not apply to

 

 

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1records that are subject to expungement under subsections (1.5)
2and (1.6) of Section 5-915 of the Juvenile Court Act of 1987.
3    (b) Reports and records of the obligation, receipt and use
4of public funds of the State are public records available for
5inspection by the public, except as access to such records is
6otherwise limited or prohibited by law or pursuant to law.
7These records shall be kept at the official place of business
8of the State or at a designated place of business of the State.
9These records shall be available for public inspection during
10regular office hours except when in immediate use by persons
11exercising official duties which require the use of those
12records. Nothing in this section shall require the State to
13invade or assist in the invasion of any person's right to
14privacy. Nothing in this Section shall be construed to limit
15any right given by statute or rule of law with respect to the
16inspection of other types of records.
17    Warrants and vouchers in the keeping of the State
18Comptroller may be destroyed by him as authorized in "An Act in
19relation to the reproduction and destruction of records kept by
20the Comptroller", approved August 1, 1949, as now or hereafter
21amended after obtaining the approval of the State Records
22Commission.
23(Source: P.A. 92-866, eff. 1-3-03.)
 
24    Section 10. The Criminal Identification Act is amended by
25changing Section 5.2 as follows:
 

 

 

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1    (20 ILCS 2630/5.2)
2    Sec. 5.2. Expungement and sealing.
3    (a) General Provisions.
4        (1) Definitions. In this Act, words and phrases have
5    the meanings set forth in this subsection, except when a
6    particular context clearly requires a different meaning.
7            (A) The following terms shall have the meanings
8        ascribed to them in the Unified Code of Corrections,
9        730 ILCS 5/5-1-2 through 5/5-1-22:
10                (i) Business Offense (730 ILCS 5/5-1-2),
11                (ii) Charge (730 ILCS 5/5-1-3),
12                (iii) Court (730 ILCS 5/5-1-6),
13                (iv) Defendant (730 ILCS 5/5-1-7),
14                (v) Felony (730 ILCS 5/5-1-9),
15                (vi) Imprisonment (730 ILCS 5/5-1-10),
16                (vii) Judgment (730 ILCS 5/5-1-12),
17                (viii) Misdemeanor (730 ILCS 5/5-1-14),
18                (ix) Offense (730 ILCS 5/5-1-15),
19                (x) Parole (730 ILCS 5/5-1-16),
20                (xi) Petty Offense (730 ILCS 5/5-1-17),
21                (xii) Probation (730 ILCS 5/5-1-18),
22                (xiii) Sentence (730 ILCS 5/5-1-19),
23                (xiv) Supervision (730 ILCS 5/5-1-21), and
24                (xv) Victim (730 ILCS 5/5-1-22).
25            (B) As used in this Section, "charge not initiated

 

 

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1        by arrest" means a charge (as defined by 730 ILCS
2        5/5-1-3) brought against a defendant where the
3        defendant is not arrested prior to or as a direct
4        result of the charge.
5            (C) "Conviction" means a judgment of conviction or
6        sentence entered upon a plea of guilty or upon a
7        verdict or finding of guilty of an offense, rendered by
8        a legally constituted jury or by a court of competent
9        jurisdiction authorized to try the case without a jury.
10        An order of supervision successfully completed by the
11        petitioner is not a conviction. An order of qualified
12        probation (as defined in subsection (a)(1)(J))
13        successfully completed by the petitioner is not a
14        conviction. An order of supervision or an order of
15        qualified probation that is terminated
16        unsatisfactorily is a conviction, unless the
17        unsatisfactory termination is reversed, vacated, or
18        modified and the judgment of conviction, if any, is
19        reversed or vacated.
20            (D) "Criminal offense" means a petty offense,
21        business offense, misdemeanor, felony, or municipal
22        ordinance violation (as defined in subsection
23        (a)(1)(H)). As used in this Section, a minor traffic
24        offense (as defined in subsection (a)(1)(G)) shall not
25        be considered a criminal offense.
26            (E) "Expunge" means to physically destroy the

 

 

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1        records or return them to the petitioner and to
2        obliterate the petitioner's name from any official
3        index or public record, or both. Nothing in this Act
4        shall require the physical destruction of the circuit
5        court file, but such records relating to arrests or
6        charges, or both, ordered expunged shall be impounded
7        as required by subsections (d)(9)(A)(ii) and
8        (d)(9)(B)(ii).
9            (F) As used in this Section, "last sentence" means
10        the sentence, order of supervision, or order of
11        qualified probation (as defined by subsection
12        (a)(1)(J)), for a criminal offense (as defined by
13        subsection (a)(1)(D)) that terminates last in time in
14        any jurisdiction, regardless of whether the petitioner
15        has included the criminal offense for which the
16        sentence or order of supervision or qualified
17        probation was imposed in his or her petition. If
18        multiple sentences, orders of supervision, or orders
19        of qualified probation terminate on the same day and
20        are last in time, they shall be collectively considered
21        the "last sentence" regardless of whether they were
22        ordered to run concurrently.
23            (G) "Minor traffic offense" means a petty offense,
24        business offense, or Class C misdemeanor under the
25        Illinois Vehicle Code or a similar provision of a
26        municipal or local ordinance.

 

 

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1            (H) "Municipal ordinance violation" means an
2        offense defined by a municipal or local ordinance that
3        is criminal in nature and with which the petitioner was
4        charged or for which the petitioner was arrested and
5        released without charging.
6            (I) "Petitioner" means an adult or a minor
7        prosecuted as an adult who has applied for relief under
8        this Section.
9            (J) "Qualified probation" means an order of
10        probation under Section 10 of the Cannabis Control Act,
11        Section 410 of the Illinois Controlled Substances Act,
12        Section 70 of the Methamphetamine Control and
13        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
14        of the Unified Code of Corrections, Section
15        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
16        those provisions existed before their deletion by
17        Public Act 89-313), Section 10-102 of the Illinois
18        Alcoholism and Other Drug Dependency Act, Section
19        40-10 of the Alcoholism and Other Drug Abuse and
20        Dependency Act, or Section 10 of the Steroid Control
21        Act. For the purpose of this Section, "successful
22        completion" of an order of qualified probation under
23        Section 10-102 of the Illinois Alcoholism and Other
24        Drug Dependency Act and Section 40-10 of the Alcoholism
25        and Other Drug Abuse and Dependency Act means that the
26        probation was terminated satisfactorily and the

 

 

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

 

 

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

 

 

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1            Criminal Code of 1961 or the Criminal Code of 2012
2            or a similar provision of a local ordinance, except
3            Section 11-14 of the Criminal Code of 1961 or the
4            Criminal Code of 2012, or a similar provision of a
5            local ordinance;
6                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
7            26-5, or 48-1 of the Criminal Code of 1961 or the
8            Criminal Code of 2012, or a similar provision of a
9            local ordinance;
10                (iii) offenses defined as "crimes of violence"
11            in Section 2 of the Crime Victims Compensation Act
12            or a similar provision of a local ordinance;
13                (iv) offenses which are Class A misdemeanors
14            under the Humane Care for Animals Act; or
15                (v) any offense or attempted offense that
16            would subject a person to registration under the
17            Sex Offender Registration Act.
18            (D) the sealing of the records of an arrest which
19        results in the petitioner being charged with a felony
20        offense or records of a charge not initiated by arrest
21        for a felony offense unless:
22                (i) the charge is amended to a misdemeanor and
23            is otherwise eligible to be sealed pursuant to
24            subsection (c);
25                (ii) the charge is brought along with another
26            charge as a part of one case and the charge results

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    factually innocent of the charge shall enter an expungement
2    order for the conviction for which the petitioner has been
3    determined to be innocent as provided in subsection (b) of
4    Section 5-5-4 of the Unified Code of Corrections.
5        (7) Nothing in this Section shall prevent the
6    Department of State Police from maintaining all records of
7    any person who is admitted to probation upon terms and
8    conditions and who fulfills those terms and conditions
9    pursuant to Section 10 of the Cannabis Control Act, Section
10    410 of the Illinois Controlled Substances Act, Section 70
11    of the Methamphetamine Control and Community Protection
12    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
13    Corrections, Section 12-4.3 or subdivision (b)(1) of
14    Section 12-3.05 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, Section 10-102 of the Illinois
16    Alcoholism and Other Drug Dependency Act, Section 40-10 of
17    the Alcoholism and Other Drug Abuse and Dependency Act, or
18    Section 10 of the Steroid Control Act.
19        (8) If the petitioner has been granted a certificate of
20    innocence under Section 2-702 of the Code of Civil
21    Procedure, the court that grants the certificate of
22    innocence shall also enter an order expunging the
23    conviction for which the petitioner has been determined to
24    be innocent as provided in subsection (h) of Section 2-702
25    of the Code of Civil Procedure.
26    (c) Sealing.

 

 

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1        (1) Applicability. Notwithstanding any other provision
2    of this Act to the contrary, and cumulative with any rights
3    to expungement of criminal records, this subsection
4    authorizes the sealing of criminal records of adults and of
5    minors prosecuted as adults.
6        (2) Eligible Records. The following records may be
7    sealed:
8            (A) All arrests resulting in release without
9        charging;
10            (B) Arrests or charges not initiated by arrest
11        resulting in acquittal, dismissal, or conviction when
12        the conviction was reversed or vacated, except as
13        excluded by subsection (a)(3)(B);
14            (C) Arrests or charges not initiated by arrest
15        resulting in orders of supervision successfully
16        completed by the petitioner, unless excluded by
17        subsection (a)(3);
18            (D) Arrests or charges not initiated by arrest
19        resulting in convictions unless excluded by subsection
20        (a)(3);
21            (E) Arrests or charges not initiated by arrest
22        resulting in orders of first offender probation under
23        Section 10 of the Cannabis Control Act, Section 410 of
24        the Illinois Controlled Substances Act, Section 70 of
25        the Methamphetamine Control and Community Protection
26        Act, or Section 5-6-3.3 of the Unified Code of

 

 

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1        Corrections; and
2            (F) Arrests or charges not initiated by arrest
3        resulting in felony convictions for the following
4        offenses:
5                (i) Class 4 felony convictions for:
6                    Prostitution under Section 11-14 of the
7                Criminal Code of 1961 or the Criminal Code of
8                2012.
9                    Possession of cannabis under Section 4 of
10                the Cannabis Control Act.
11                    Possession of a controlled substance under
12                Section 402 of the Illinois Controlled
13                Substances Act.
14                    Offenses under the Methamphetamine
15                Precursor Control Act.
16                    Offenses under the Steroid Control Act.
17                    Theft under Section 16-1 of the Criminal
18                Code of 1961 or the Criminal Code of 2012.
19                    Retail theft under Section 16A-3 or
20                paragraph (a) of 16-25 of the Criminal Code of
21                1961 or the Criminal Code of 2012.
22                    Deceptive practices under Section 17-1 of
23                the Criminal Code of 1961 or the Criminal Code
24                of 2012.
25                    Forgery under Section 17-3 of the Criminal
26                Code of 1961 or the Criminal Code of 2012.

 

 

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1                    Possession of burglary tools under Section
2                19-2 of the Criminal Code of 1961 or the
3                Criminal Code of 2012.
4            (ii) Class 3 felony convictions for:
5                    Theft under Section 16-1 of the Criminal
6                Code of 1961 or the Criminal Code of 2012.
7                    Retail theft under Section 16A-3 or
8                paragraph (a) of 16-25 of the Criminal Code of
9                1961 or the Criminal Code of 2012.
10                    Deceptive practices under Section 17-1 of
11                the Criminal Code of 1961 or the Criminal Code
12                of 2012.
13                    Forgery under Section 17-3 of the Criminal
14                Code of 1961 or the Criminal Code of 2012.
15                    Possession with intent to manufacture or
16                deliver a controlled substance under Section
17                401 of the Illinois Controlled Substances Act.
18        (3) When Records Are Eligible to Be Sealed. Records
19    identified as eligible under subsection (c)(2) may be
20    sealed as follows:
21            (A) Records identified as eligible under
22        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
23        time.
24            (B) Records identified as eligible under
25        subsection (c)(2)(C) may be sealed (i) 3 years after
26        the termination of petitioner's last sentence (as

 

 

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

 

 

09800SB0978ham001- 20 -LRB098 21360 RLC 59661 a

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

 

 

09800SB0978ham001- 21 -LRB098 21360 RLC 59661 a

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

 

 

09800SB0978ham001- 22 -LRB098 21360 RLC 59661 a

1            (A) Any party entitled to notice of the petition
2        may file an objection to the petition. All objections
3        shall be in writing, shall be filed with the circuit
4        court clerk, and shall state with specificity the basis
5        of the objection. Whenever a person who has been
6        convicted of an offense is granted a pardon by the
7        Governor which specifically authorizes expungement, an
8        objection to the petition may not be filed.
9            (B) Objections to a petition to expunge or seal
10        must be filed within 60 days of the date of service of
11        the petition.
12        (6) Entry of order.
13            (A) The Chief Judge of the circuit wherein the
14        charge was brought, any judge of that circuit
15        designated by the Chief Judge, or in counties of less
16        than 3,000,000 inhabitants, the presiding trial judge
17        at the petitioner's trial, if any, shall rule on the
18        petition to expunge or seal as set forth in this
19        subsection (d)(6).
20            (B) Unless the State's Attorney or prosecutor, the
21        Department of State Police, the arresting agency, or
22        the chief legal officer files an objection to the
23        petition to expunge or seal within 60 days from the
24        date of service of the petition, the court shall enter
25        an order granting or denying the petition.
26        (7) Hearings. If an objection is filed, the court shall

 

 

09800SB0978ham001- 23 -LRB098 21360 RLC 59661 a

1    set a date for a hearing and notify the petitioner and all
2    parties entitled to notice of the petition of the hearing
3    date at least 30 days prior to the hearing. Prior to the
4    hearing, the State's Attorney shall consult with the
5    Department as to the appropriateness of the relief sought
6    in the petition to expunge or seal. At the hearing, the
7    court shall hear evidence on whether the petition should or
8    should not be granted, and shall grant or deny the petition
9    to expunge or seal the records based on the evidence
10    presented at the hearing. The court may consider the
11    following:
12            (A) the strength of the evidence supporting the
13        defendant's conviction;
14            (B) the reasons for retention of the conviction
15        records by the State;
16            (C) the petitioner's age, criminal record history,
17        and employment history;
18            (D) the period of time between the petitioner's
19        arrest on the charge resulting in the conviction and
20        the filing of the petition under this Section; and
21            (E) the specific adverse consequences the
22        petitioner may be subject to if the petition is denied.
23        (8) Service of order. After entering an order to
24    expunge or seal records, the court must provide copies of
25    the order to the Department, in a form and manner
26    prescribed by the Department, to the petitioner, to the

 

 

09800SB0978ham001- 24 -LRB098 21360 RLC 59661 a

1    State's Attorney or prosecutor charged with the duty of
2    prosecuting the offense, to the arresting agency, to the
3    chief legal officer of the unit of local government
4    effecting the arrest, and to such other criminal justice
5    agencies as may be ordered by the court.
6        (9) Implementation of order.
7            (A) Upon entry of an order to expunge records
8        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
9                (i) the records shall be expunged (as defined
10            in subsection (a)(1)(E)) by the arresting agency,
11            the Department, and any other agency as ordered by
12            the court, within 60 days of the date of service of
13            the order, unless a motion to vacate, modify, or
14            reconsider the order is filed pursuant to
15            paragraph (12) of subsection (d) of this Section;
16                (ii) the records of the circuit court clerk
17            shall be impounded until further order of the court
18            upon good cause shown and the name of the
19            petitioner obliterated on the official index
20            required to be kept by the circuit court clerk
21            under Section 16 of the Clerks of Courts Act, but
22            the order shall not affect any index issued by the
23            circuit court clerk before the entry of the order;
24            and
25                (iii) in response to an inquiry for expunged
26            records, the court, the Department, or the agency

 

 

09800SB0978ham001- 25 -LRB098 21360 RLC 59661 a

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

 

 

09800SB0978ham001- 26 -LRB098 21360 RLC 59661 a

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

 

 

09800SB0978ham001- 27 -LRB098 21360 RLC 59661 a

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

 

 

09800SB0978ham001- 28 -LRB098 21360 RLC 59661 a

1        subsection (c), the arresting agency, any other agency
2        as ordered by the court, the Department, and the court
3        shall seal the records (as defined in subsection
4        (a)(1)(K)). In response to an inquiry for such records
5        from anyone not authorized by law to access such
6        records, the court, the Department, or the agency
7        receiving such inquiry shall reply as it does in
8        response to inquiries when no records ever existed.
9            (D) The Department shall send written notice to the
10        petitioner of its compliance with each order to expunge
11        or seal records within 60 days of the date of service
12        of that order or, if a motion to vacate, modify, or
13        reconsider is filed, within 60 days of service of the
14        order resolving the motion, if that order requires the
15        Department to expunge or seal records. In the event of
16        an appeal from the circuit court order, the Department
17        shall send written notice to the petitioner of its
18        compliance with an Appellate Court or Supreme Court
19        judgment to expunge or seal records within 60 days of
20        the issuance of the court's mandate. The notice is not
21        required while any motion to vacate, modify, or
22        reconsider, or any appeal or petition for
23        discretionary appellate review, is pending.
24        (10) Fees. The Department may charge the petitioner a
25    fee equivalent to the cost of processing any order to
26    expunge or seal records. Notwithstanding any provision of

 

 

09800SB0978ham001- 29 -LRB098 21360 RLC 59661 a

1    the Clerks of Courts Act to the contrary, the circuit court
2    clerk may charge a fee equivalent to the cost associated
3    with the sealing or expungement of records by the circuit
4    court clerk. From the total filing fee collected for the
5    petition to seal or expunge, the circuit court clerk shall
6    deposit $10 into the Circuit Court Clerk Operation and
7    Administrative Fund, to be used to offset the costs
8    incurred by the circuit court clerk in performing the
9    additional duties required to serve the petition to seal or
10    expunge on all parties. The circuit court clerk shall
11    collect and forward the Department of State Police portion
12    of the fee to the Department and it shall be deposited in
13    the State Police Services Fund.
14        (11) Final Order. No court order issued under the
15    expungement or sealing provisions of this Section shall
16    become final for purposes of appeal until 30 days after
17    service of the order on the petitioner and all parties
18    entitled to notice of the petition.
19        (12) Motion to Vacate, Modify, or Reconsider. Under
20    Section 2-1203 of the Code of Civil Procedure, the
21    petitioner or any party entitled to notice may file a
22    motion to vacate, modify, or reconsider the order granting
23    or denying the petition to expunge or seal within 60 days
24    of service of the order. If filed more than 60 days after
25    service of the order, a petition to vacate, modify, or
26    reconsider shall comply with subsection (c) of Section

 

 

09800SB0978ham001- 30 -LRB098 21360 RLC 59661 a

1    2-1401 of the Code of Civil Procedure. Upon filing of a
2    motion to vacate, modify, or reconsider, notice of the
3    motion shall be served upon the petitioner and all parties
4    entitled to notice of the petition.
5        (13) Effect of Order. An order granting a petition
6    under the expungement or sealing provisions of this Section
7    shall not be considered void because it fails to comply
8    with the provisions of this Section or because of any error
9    asserted in a motion to vacate, modify, or reconsider. The
10    circuit court retains jurisdiction to determine whether
11    the order is voidable and to vacate, modify, or reconsider
12    its terms based on a motion filed under paragraph (12) of
13    this subsection (d).
14        (14) Compliance with Order Granting Petition to Seal
15    Records. Unless a court has entered a stay of an order
16    granting a petition to seal, all parties entitled to notice
17    of the petition must fully comply with the terms of the
18    order within 60 days of service of the order even if a
19    party is seeking relief from the order through a motion
20    filed under paragraph (12) of this subsection (d) or is
21    appealing the order.
22        (15) Compliance with Order Granting Petition to
23    Expunge Records. While a party is seeking relief from the
24    order granting the petition to expunge through a motion
25    filed under paragraph (12) of this subsection (d) or is
26    appealing the order, and unless a court has entered a stay

 

 

09800SB0978ham001- 31 -LRB098 21360 RLC 59661 a

1    of that order, the parties entitled to notice of the
2    petition must seal, but need not expunge, the records until
3    there is a final order on the motion for relief or, in the
4    case of an appeal, the issuance of that court's mandate.
5        (16) The changes to this subsection (d) made by Public
6    Act 98-163 this amendatory Act of the 98th General Assembly
7    apply to all petitions pending on August 5, 2013 (the
8    effective date of Public Act 98-163) this amendatory Act of
9    the 98th General Assembly and to all orders ruling on a
10    petition to expunge or seal on or after August 5, 2013 (the
11    effective date of Public Act 98-163) this amendatory Act of
12    the 98th General Assembly.
13    (e) Whenever a person who has been convicted of an offense
14is granted a pardon by the Governor which specifically
15authorizes expungement, he or she may, upon verified petition
16to the Chief Judge of the circuit where the person had been
17convicted, any judge of the circuit designated by the Chief
18Judge, or in counties of less than 3,000,000 inhabitants, the
19presiding trial judge at the defendant's trial, have a court
20order entered expunging the record of arrest from the official
21records of the arresting authority and order that the records
22of the circuit court clerk and the Department be sealed until
23further order of the court upon good cause shown or as
24otherwise provided herein, and the name of the defendant
25obliterated from the official index requested to be kept by the
26circuit court clerk under Section 16 of the Clerks of Courts

 

 

09800SB0978ham001- 32 -LRB098 21360 RLC 59661 a

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

 

 

09800SB0978ham001- 33 -LRB098 21360 RLC 59661 a

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

 

 

09800SB0978ham001- 34 -LRB098 21360 RLC 59661 a

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

 

 

09800SB0978ham001- 35 -LRB098 21360 RLC 59661 a

1Illinois Department of Corrections, records of the Illinois
2Department of Employment Security shall be utilized as
3appropriate to assist in the study. The study shall not
4disclose any data in a manner that would allow the
5identification of any particular individual or employing unit.
6The study shall be made available to the General Assembly no
7later than September 1, 2010.
8(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
997-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
101-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
11eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
12eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
139-4-13.)
 
14    Section 15. The Juvenile Court Act of 1987 is amended by
15changing Sections 5-125 and 5-915 as follows:
 
16    (705 ILCS 405/5-125)
17    Sec. 5-125. Concurrent jurisdiction. Any minor alleged to
18have violated a traffic, boating, or fish and game law, or a
19municipal or county ordinance, may be prosecuted for the
20violation and if found guilty punished under any statute or
21ordinance relating to the violation, without reference to the
22procedures set out in this Article, except that:
23        (1) any detention, must be in compliance with this
24    Article; and

 

 

09800SB0978ham001- 36 -LRB098 21360 RLC 59661 a

1        (2) the confidentiality of records provisions in Part 9
2    of this Article shall apply to any law enforcement and
3    court records relating to prosecution of a minor under 18
4    years of age for a municipal or county ordinance violation.
5    For the purpose of this Section, "traffic violation" shall
6include a violation of Section 9-3 of the Criminal Code of 1961
7or the Criminal Code of 2012 relating to the offense of
8reckless homicide, Section 11-501 of the Illinois Vehicle Code,
9or any similar county or municipal ordinance.
10(Source: P.A. 97-1150, eff. 1-25-13.)
 
11    (705 ILCS 405/5-915)
12    Sec. 5-915. Expungement of juvenile law enforcement and
13court records.
14    (0.05) For purposes of this Section and Section 5-622:
15        "Expunge" means to physically destroy the records and
16    to obliterate the minor's name from any official index or
17    public record, or both. Nothing in this Act shall require
18    the physical destruction of the internal office records,
19    files, or databases maintained by a State's Attorney's
20    Office or other prosecutor.
21        "Law enforcement record" includes but is not limited to
22    records of arrest, station adjustments, fingerprints,
23    probation adjustments, the issuance of a notice to appear,
24    or any other records maintained by a law enforcement agency
25    relating to a minor suspected of committing an offense.

 

 

09800SB0978ham001- 37 -LRB098 21360 RLC 59661 a

1    (1) Whenever any person has attained the age of 18 or
2whenever all juvenile court proceedings relating to that person
3have been terminated, whichever is later, the person may
4petition the court to expunge law enforcement records relating
5to incidents occurring before his or her 18th birthday or his
6or her juvenile court records, or both, but only in the
7following circumstances:
8        (a) the minor was arrested and no petition for
9    delinquency was filed with the clerk of the circuit court;
10    or
11        (b) the minor was charged with an offense and was found
12    not delinquent of that offense; or
13        (c) the minor was placed under supervision pursuant to
14    Section 5-615, and the order of supervision has since been
15    successfully terminated; or
16        (d) the minor was adjudicated for an offense which
17    would be a Class B misdemeanor, Class C misdemeanor, or a
18    petty or business offense if committed by an adult.
19    (1.5) Commencing 180 days after the effective date of this
20amendatory Act of the 98th General Assembly, the Department of
21State Police shall automatically expunge, on or before January
221 of each year, a person's law enforcement records relating to
23incidents occurring before his or her 18th birthday in the
24Department's possession or control and which contains the final
25disposition which pertain to the person when arrested as a
26minor if:

 

 

09800SB0978ham001- 38 -LRB098 21360 RLC 59661 a

1        (a) the minor was arrested and no petition for
2    delinquency was filed with the clerk of the circuit court;
3    and
4        (b) since the date of the minor's most recent arrest,
5    at least 6 months have elapsed without an additional
6    arrest, filing of a petition for delinquency whether
7    related or not to a previous arrest, or filing of charges
8    not initiated by arrest.
9    The Department of State Police shall allow a person to use
10the Access and Review process, established in the Department of
11State Police, for verifying that his or her law enforcement
12records relating to incidents occurring before his or her 18th
13birthday eligible under this subsection have been expunged as
14provided in this subsection.
15    A State's Attorney, prosecutor charged with the duty of
16prosecuting a minor, or the arresting agency or agencies may
17file an objection to the automatic expungement of the law
18enforcement records pertaining to the person with the
19Department of State Police. An objection must be filed at least
2045 days prior to January 1. This subsection shall serve as
21notice to State's Attorneys, prosecutors charged with the duty
22of prosecuting a minor, and arresting agencies that annual
23automatic expungement of records under this subsection shall
24commence 180 days after the effective date of this amendatory
25Act of the 98th General Assembly. The objection shall serve to
26remove the records from qualification for automatic

 

 

09800SB0978ham001- 39 -LRB098 21360 RLC 59661 a

1expungement. The Department of State Police may not interpret
2the objection legally or procedurally.
3    The Department of State Police shall provide by rule the
4process for access, review, objection, and automatic
5expungement. Through emergency rulemaking the Department of
6State Police and the Cook County State's Attorney's office
7shall work together to establish a mutually agreed upon data
8source for purposes of confirming expungement eligibility
9under this subsection.
10    (1.6) Commencing on the effective date of this amendatory
11Act of the 98th General Assembly, a person whose law
12enforcement records are not subject to subsection (1.5) of this
13Section and who has attained the age of 18 years may use the
14Access and Review process, established in the Department of
15State Police, for verifying his or her law enforcement records
16relating to incidents occurring before his or her 18th birthday
17in the Department's possession or control which pertain to the
18person when arrested as a minor, if the incident occurred no
19earlier than 30 years before the effective date of this
20amendatory Act of the 98th General Assembly. If the person
21identifies a law enforcement record that meets the requirements
22of this subsection, paragraphs (a) and (b) of subsection (1.5)
23of this Section, and all juvenile court proceedings related to
24the person have been terminated, the person may file a Request
25for Expungement of Juvenile Law Enforcement Records, in the
26form and manner prescribed by the Department of State Police,

 

 

09800SB0978ham001- 40 -LRB098 21360 RLC 59661 a

1with the Department and the Department shall consider
2expungement of the record as otherwise provided for automatic
3expungement under subsection (1.5) of this Section. The person
4shall provide notice and a copy of the Request for Expungement
5of Juvenile Law Enforcement Records to the arresting agency,
6prosecutor charged with the prosecution of the minor, or the
7State's Attorney of the county that prosecuted the minor. The
8Department of State Police shall provide by rule the process
9for access, review, and Request for Expungement of Juvenile Law
10Enforcement Records. Through emergency rulemaking the
11Department of State Police and the Cook County State's
12Attorney's office shall work together to establish a mutually
13agreed upon data source for purposes of confirming expungement
14eligibility under this subsection.
15    (2) Any person may petition the court to expunge all law
16enforcement records relating to any incidents occurring before
17his or her 18th birthday which did not result in proceedings in
18criminal court and all juvenile court records with respect to
19any adjudications except those based upon first degree murder
20and sex offenses which would be felonies if committed by an
21adult, if the person for whom expungement is sought has had no
22convictions for any crime since his or her 18th birthday and:
23        (a) has attained the age of 21 years; or
24        (b) 5 years have elapsed since all juvenile court
25    proceedings relating to him or her have been terminated or
26    his or her commitment to the Department of Juvenile Justice

 

 

09800SB0978ham001- 41 -LRB098 21360 RLC 59661 a

1    pursuant to this Act has been terminated;
2whichever is later of (a) or (b). Nothing in this Section 5-915
3precludes a minor from obtaining expungement under Section
45-622.
5    (2.5) If a minor is arrested and no petition for
6delinquency is filed with the clerk of the circuit court as
7provided in paragraph (a) of subsection (1) at the time the
8minor is released from custody, the youth officer, if
9applicable, or other designated person from the arresting
10agency, shall notify verbally and in writing to the minor or
11the minor's parents or guardians that if the State's Attorney
12does not file a petition for delinquency, the minor has a right
13to petition to have his or her arrest record expunged when the
14minor attains the age of 18 or when all juvenile court
15proceedings relating to that minor have been terminated and
16that unless a petition to expunge is filed, the minor shall
17have an arrest record and shall provide the minor and the
18minor's parents or guardians with an expungement information
19packet, including a petition to expunge juvenile records
20obtained from the clerk of the circuit court.
21    (2.6) If a minor is charged with an offense and is found
22not delinquent of that offense; or if a minor is placed under
23supervision under Section 5-615, and the order of supervision
24is successfully terminated; or if a minor is adjudicated for an
25offense that would be a Class B misdemeanor, a Class C
26misdemeanor, or a business or petty offense if committed by an

 

 

09800SB0978ham001- 42 -LRB098 21360 RLC 59661 a

1adult; or if a minor has incidents occurring before his or her
218th birthday that have not resulted in proceedings in criminal
3court, or resulted in proceedings in juvenile court, and the
4adjudications were not based upon first degree murder or sex
5offenses that would be felonies if committed by an adult; then
6at the time of sentencing or dismissal of the case, the judge
7shall inform the delinquent minor of his or her right to
8petition for expungement as provided by law, and the clerk of
9the circuit court shall provide an expungement information
10packet to the delinquent minor, written in plain language,
11including a petition for expungement, a sample of a completed
12petition, expungement instructions that shall include
13information informing the minor that (i) once the case is
14expunged, it shall be treated as if it never occurred, (ii) he
15or she may apply to have petition fees waived, (iii) once he or
16she obtains an expungement, he or she may not be required to
17disclose that he or she had a juvenile record, and (iv) he or
18she may file the petition on his or her own or with the
19assistance of an attorney. The failure of the judge to inform
20the delinquent minor of his or her right to petition for
21expungement as provided by law does not create a substantive
22right, nor is that failure grounds for: (i) a reversal of an
23adjudication of delinquency, (ii) a new trial; or (iii) an
24appeal.
25    (2.7) For counties with a population over 3,000,000, the
26clerk of the circuit court shall send a "Notification of a

 

 

09800SB0978ham001- 43 -LRB098 21360 RLC 59661 a

1Possible Right to Expungement" post card to the minor at the
2address last received by the clerk of the circuit court on the
3date that the minor attains the age of 18 based on the
4birthdate provided to the court by the minor or his or her
5guardian in cases under paragraphs (b), (c), and (d) of
6subsection (1); and when the minor attains the age of 21 based
7on the birthdate provided to the court by the minor or his or
8her guardian in cases under subsection (2).
9    (2.8) The petition for expungement for subsection (1) may
10include multiple offenses on the same petition and shall be
11substantially in the following form:
12
IN THE CIRCUIT COURT OF ......, ILLINOIS
13
........ JUDICIAL CIRCUIT

 
14IN THE INTEREST OF )    NO.
15                   )
16                   )
17...................)
18(Name of Petitioner)
 
19
PETITION TO EXPUNGE JUVENILE RECORDS
20
(705 ILCS 405/5-915 (SUBSECTION 1))
21
(Please prepare a separate petition for each offense)
22Now comes ............., petitioner, and respectfully requests
23that this Honorable Court enter an order expunging all juvenile
24law enforcement and court records of petitioner and in support

 

 

09800SB0978ham001- 44 -LRB098 21360 RLC 59661 a

1thereof states that: Petitioner has attained the age of 18,
2his/her birth date being ......, or all Juvenile Court
3proceedings terminated as of ......, whichever occurred later.
4Petitioner was arrested on ..... by the ....... Police
5Department for the offense or offenses of ......., and:
6(Check All That Apply One:)
7( ) a. no petition or petitions were was filed with the Clerk
8of the Circuit Court.
9( ) b. was charged with ...... and was found not delinquent of
10the offense or offenses.
11( ) c. a petition or petitions were was filed and the petition
12or petitions were was dismissed without a finding of
13delinquency on .....
14( ) d. on ....... placed under supervision pursuant to Section
155-615 of the Juvenile Court Act of 1987 and such order of
16supervision successfully terminated on ........
17( ) e. was adjudicated for the offense or offenses, which would
18have been a Class B misdemeanor, a Class C misdemeanor, or a
19petty offense or business offense if committed by an adult.
20Petitioner .... has .... has not been arrested on charges in
21this or any county other than the charges listed above. If
22petitioner has been arrested on additional charges, please list
23the charges below:
24Charge(s): ......
25Arresting Agency or Agencies: ...........
26Disposition/Result: (choose from a. through e., above): .....

 

 

09800SB0978ham001- 45 -LRB098 21360 RLC 59661 a

1WHEREFORE, the petitioner respectfully requests this Honorable
2Court to (1) order all law enforcement agencies to expunge all
3records of petitioner to this incident or incidents, and (2) to
4order the Clerk of the Court to expunge all records concerning
5the petitioner regarding this incident or incidents.
 
6
......................
7
Petitioner (Signature)

 
8
..........................
9
Petitioner's Street Address

 
10
.....................
11
City, State, Zip Code

 
12
.............................
13
Petitioner's Telephone Number

 
14Pursuant to the penalties of perjury under the Code of Civil
15Procedure, 735 ILCS 5/1-109, I hereby certify that the
16statements in this petition are true and correct, or on
17information and belief I believe the same to be true.
 
18
......................
19
Petitioner (Signature)
20The Petition for Expungement for subsection (2) shall be

 

 

09800SB0978ham001- 46 -LRB098 21360 RLC 59661 a

1substantially in the following form:
 
2
IN THE CIRCUIT COURT OF ........, ILLINOIS
3
........ JUDICIAL CIRCUIT

 
4IN THE INTEREST OF )    NO.
5                   )
6                   )
7...................)
8(Name of Petitioner)
 
9
PETITION TO EXPUNGE JUVENILE RECORDS
10
(705 ILCS 405/5-915 (SUBSECTION 2))
11
(Please prepare a separate petition for each offense)
12Now comes ............, petitioner, and respectfully requests
13that this Honorable Court enter an order expunging all Juvenile
14Law Enforcement and Court records of petitioner and in support
15thereof states that:
16The incident for which the Petitioner seeks expungement
17occurred before the Petitioner's 18th birthday and did not
18result in proceedings in criminal court and the Petitioner has
19not had any convictions for any crime since his/her 18th
20birthday; and
21The incident for which the Petitioner seeks expungement
22occurred before the Petitioner's 18th birthday and the
23adjudication was not based upon first-degree murder or sex

 

 

09800SB0978ham001- 47 -LRB098 21360 RLC 59661 a

1offenses which would be felonies if committed by an adult, and
2the Petitioner has not had any convictions for any crime since
3his/her 18th birthday.
4Petitioner was arrested on ...... by the ....... Police
5Department for the offense of ........, and:
6(Check whichever one occurred the latest:)
7( ) a. The Petitioner has attained the age of 21 years, his/her
8birthday being .......; or
9( ) b. 5 years have elapsed since all juvenile court
10proceedings relating to the Petitioner have been terminated; or
11the Petitioner's commitment to the Department of Juvenile
12Justice pursuant to the expungement of juvenile law enforcement
13and court records provisions of the Juvenile Court Act of 1987
14has been terminated. Petitioner ...has ...has not been arrested
15on charges in this or any other county other than the charge
16listed above. If petitioner has been arrested on additional
17charges, please list the charges below:
18Charge(s): ..........
19Arresting Agency or Agencies: .......
20Disposition/Result: (choose from a or b, above): ..........
21WHEREFORE, the petitioner respectfully requests this Honorable
22Court to (1) order all law enforcement agencies to expunge all
23records of petitioner related to this incident, and (2) to
24order the Clerk of the Court to expunge all records concerning
25the petitioner regarding this incident.
 

 

 

09800SB0978ham001- 48 -LRB098 21360 RLC 59661 a

1
.......................
2
Petitioner (Signature)

 
3
......................
4
Petitioner's Street Address

 
5
.....................
6
City, State, Zip Code
7
.............................
8
Petitioner's Telephone Number

 
9Pursuant to the penalties of perjury under the Code of Civil
10Procedure, 735 ILCS 5/1-109, I hereby certify that the
11statements in this petition are true and correct, or on
12information and belief I believe the same to be true.
13
......................
14
Petitioner (Signature)
15    (3) The chief judge of the circuit in which an arrest was
16made or a charge was brought or any judge of that circuit
17designated by the chief judge may, upon verified petition of a
18person who is the subject of an arrest or a juvenile court
19proceeding under subsection (1) or (2) of this Section, order
20the law enforcement records or official court file, or both, to
21be expunged from the official records of the arresting
22authority, the clerk of the circuit court and the Department of
23State Police. The person whose records are to be expunged shall

 

 

09800SB0978ham001- 49 -LRB098 21360 RLC 59661 a

1petition the court using the appropriate form containing his or
2her current address and shall promptly notify the clerk of the
3circuit court of any change of address. Notice of the petition
4shall be served upon the State's Attorney or prosecutor charged
5with the duty of prosecuting the offense, the Department of
6State Police, and the arresting agency or agencies by the clerk
7of the circuit court. If an objection is filed within 45 days
8of the notice of the petition, the clerk of the circuit court
9shall set a date for hearing after the 45 day objection period.
10At the hearing the court shall hear evidence on whether the
11expungement should or should not be granted. Unless the State's
12Attorney or prosecutor, the Department of State Police, or an
13arresting agency objects to the expungement within 45 days of
14the notice, the court may enter an order granting expungement.
15The person whose records are to be expunged shall pay the clerk
16of the circuit court a fee equivalent to the cost associated
17with expungement of records by the clerk and the Department of
18State Police. The clerk shall forward a certified copy of the
19order to the Department of State Police, the appropriate
20portion of the fee to the Department of State Police for
21processing, and deliver a certified copy of the order to the
22arresting agency.
23    (3.1) The Notice of Expungement shall be in substantially
24the following form:
25
IN THE CIRCUIT COURT OF ....., ILLINOIS
26
.... JUDICIAL CIRCUIT

 

 

 

09800SB0978ham001- 50 -LRB098 21360 RLC 59661 a

1IN THE INTEREST OF )    NO.
2                   )
3                   )
4...................)
5(Name of Petitioner)
 
6
NOTICE
7TO:  State's Attorney
8TO:  Arresting Agency
9
10................
11................
12
13................
14................
15TO:  Illinois State Police
16
17.....................
18
19.....................
20ATTENTION: Expungement
21You are hereby notified that on ....., at ....., in courtroom
22..., located at ..., before the Honorable ..., Judge, or any
23judge sitting in his/her stead, I shall then and there present
24a Petition to Expunge Juvenile records in the above-entitled

 

 

09800SB0978ham001- 51 -LRB098 21360 RLC 59661 a

1matter, at which time and place you may appear.
2
......................
3
Petitioner's Signature
4
...........................
5
Petitioner's Street Address
6
.....................
7
City, State, Zip Code
8
.............................
9
Petitioner's Telephone Number
10
PROOF OF SERVICE
11On the ....... day of ......, 20..., I on oath state that I
12served this notice and true and correct copies of the
13above-checked documents by:
14(Check One:)
15delivering copies personally to each entity to whom they are
16directed;
17or
18by mailing copies to each entity to whom they are directed by
19depositing the same in the U.S. Mail, proper postage fully
20prepaid, before the hour of 5:00 p.m., at the United States
21Postal Depository located at .................
22
.........................................
23
24Signature
25
Clerk of the Circuit Court or Deputy Clerk
26Printed Name of Delinquent Minor/Petitioner: ....

 

 

09800SB0978ham001- 52 -LRB098 21360 RLC 59661 a

1Address: ........................................
2Telephone Number: ...............................
3    (3.2) The Order of Expungement shall be in substantially
4the following form:
5
IN THE CIRCUIT COURT OF ....., ILLINOIS
6
.... JUDICIAL CIRCUIT

 
7IN THE INTEREST OF )    NO.
8                   )
9                   )
10...................)
11(Name of Petitioner)
 
12DOB ................
13Arresting Agency/Agencies ......
14
ORDER OF EXPUNGEMENT
15
(705 ILCS 405/5-915 (SUBSECTION 3))
16This matter having been heard on the petitioner's motion and
17the court being fully advised in the premises does find that
18the petitioner is indigent or has presented reasonable cause to
19waive all costs in this matter, IT IS HEREBY ORDERED that:
20    ( ) 1. Clerk of Court and Department of State Police costs
21are hereby waived in this matter.
22    ( ) 2. The Illinois State Police Bureau of Identification
23and the following law enforcement agencies expunge all records
24of petitioner relating to an arrest dated ...... for the

 

 

09800SB0978ham001- 53 -LRB098 21360 RLC 59661 a

1offense of ......
2
Law Enforcement Agencies:
3
.........................
4
.........................
5    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
6Court expunge all records regarding the above-captioned case.
7
ENTER: ......................
8
9JUDGE
10DATED: .......
11Name:
12Attorney for:
13Address: City/State/Zip:
14Attorney Number:
15    (3.3) The Notice of Objection shall be in substantially the
16following form:
17
IN THE CIRCUIT COURT OF ....., ILLINOIS
18
....................... JUDICIAL CIRCUIT

 
19IN THE INTEREST OF )    NO.
20                   )
21                   )
22...................)
23(Name of Petitioner)
 
24
NOTICE OF OBJECTION

 

 

09800SB0978ham001- 54 -LRB098 21360 RLC 59661 a

1TO:(Attorney, Public Defender, Minor)
2.................................
3.................................
4TO:(Illinois State Police)
5.................................
6.................................
7TO:(Clerk of the Court)
8.................................
9.................................
10TO:(Judge)
11.................................
12.................................
13TO:(Arresting Agency/Agencies)
14.................................
15.................................
16ATTENTION: You are hereby notified that an objection has been
17filed by the following entity regarding the above-named minor's
18petition for expungement of juvenile records:
19( ) State's Attorney's Office;
20( ) Prosecutor (other than State's Attorney's Office) charged
21with the duty of prosecuting the offense sought to be expunged;
22( ) Department of Illinois State Police; or
23( ) Arresting Agency or Agencies.
24The agency checked above respectfully requests that this case
25be continued and set for hearing on whether the expungement
26should or should not be granted.

 

 

09800SB0978ham001- 55 -LRB098 21360 RLC 59661 a

1DATED: .......
2Name:
3Attorney For:
4Address:
5City/State/Zip:
6Telephone:
7Attorney No.:
8
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
9This matter has been set for hearing on the foregoing
10objection, on ...... in room ...., located at ....., before the
11Honorable ....., Judge, or any judge sitting in his/her stead.
12(Only one hearing shall be set, regardless of the number of
13Notices of Objection received on the same case).
14A copy of this completed Notice of Objection containing the
15court date, time, and location, has been sent via regular U.S.
16Mail to the following entities. (If more than one Notice of
17Objection is received on the same case, each one must be
18completed with the court date, time and location and mailed to
19the following entities):
20( ) Attorney, Public Defender or Minor;
21( ) State's Attorney's Office;
22( ) Prosecutor (other than State's Attorney's Office) charged
23with the duty of prosecuting the offense sought to be expunged;
24( ) Department of Illinois State Police; and
25( ) Arresting agency or agencies.
26Date: ......

 

 

09800SB0978ham001- 56 -LRB098 21360 RLC 59661 a

1Initials of Clerk completing this section: .....
2    (4) Upon entry of an order expunging records or files, the
3offense, which the records or files concern shall be treated as
4if it never occurred. Law enforcement officers and other public
5offices and agencies shall properly reply on inquiry that no
6record or file exists with respect to the person.
7    (5) Records which have not been expunged are sealed, and
8may be obtained only under the provisions of Sections 5-901,
95-905 and 5-915.
10    (6) Nothing in this Section shall be construed to prohibit
11the maintenance of information relating to an offense after
12records or files concerning the offense have been expunged if
13the information is kept in a manner that does not enable
14identification of the offender. This information may only be
15used for statistical and bona fide research purposes.
16    (6.5) The Department of State Police or any employee of the
17Department shall be immune from civil or criminal liability for
18failure to expunge any records of arrest that are subject to
19expungement under subsection (1.5) or (1.6) of this Section
20because of inability to verify a record or because an objection
21to the expungement of the record has been filed by any
22arresting agency, prosecutor charged with the prosecution of
23the minor, or the State's Attorney of the county that
24prosecuted the minor. Nothing in subsection (1.5) or (1.6) of
25this Section shall create Department of State Police liability
26or responsibility for the expungement of law enforcement

 

 

09800SB0978ham001- 57 -LRB098 21360 RLC 59661 a

1records it does not possess.
2    (7)(a) The State Appellate Defender shall establish,
3maintain, and carry out, by December 31, 2004, a juvenile
4expungement program to provide information and assistance to
5minors eligible to have their juvenile records expunged.
6    (b) The State Appellate Defender shall develop brochures,
7pamphlets, and other materials in printed form and through the
8agency's World Wide Web site. The pamphlets and other materials
9shall include at a minimum the following information:
10        (i) An explanation of the State's juvenile expungement
11    process;
12        (ii) The circumstances under which juvenile
13    expungement may occur;
14        (iii) The juvenile offenses that may be expunged;
15        (iv) The steps necessary to initiate and complete the
16    juvenile expungement process; and
17        (v) Directions on how to contact the State Appellate
18    Defender.
19    (c) The State Appellate Defender shall establish and
20maintain a statewide toll-free telephone number that a person
21may use to receive information or assistance concerning the
22expungement of juvenile records. The State Appellate Defender
23shall advertise the toll-free telephone number statewide. The
24State Appellate Defender shall develop an expungement
25information packet that may be sent to eligible persons seeking
26expungement of their juvenile records, which may include, but

 

 

09800SB0978ham001- 58 -LRB098 21360 RLC 59661 a

1is not limited to, a pre-printed expungement petition with
2instructions on how to complete the petition and a pamphlet
3containing information that would assist individuals through
4the juvenile expungement process.
5    (d) The State Appellate Defender shall compile a statewide
6list of volunteer attorneys willing to assist eligible
7individuals through the juvenile expungement process.
8    (e) This Section shall be implemented from funds
9appropriated by the General Assembly to the State Appellate
10Defender for this purpose. The State Appellate Defender shall
11employ the necessary staff and adopt the necessary rules for
12implementation of this Section.
13    (8)(a) Except with respect to law enforcement agencies, the
14Department of Corrections, State's Attorneys, or other
15prosecutors, an expunged juvenile record may not be considered
16by any private or public entity in employment matters,
17certification, licensing, revocation of certification or
18licensure, or registration. Applications for employment must
19contain specific language that states that the applicant is not
20obligated to disclose expunged juvenile records of conviction
21or arrest. Employers may not ask if an applicant has had a
22juvenile record expunged. Effective January 1, 2005, the
23Department of Labor shall develop a link on the Department's
24website to inform employers that employers may not ask if an
25applicant had a juvenile record expunged and that application
26for employment must contain specific language that states that

 

 

09800SB0978ham001- 59 -LRB098 21360 RLC 59661 a

1the applicant is not obligated to disclose expunged juvenile
2records of arrest or conviction.
3    (b) A person whose juvenile records have been expunged is
4not entitled to remission of any fines, costs, or other money
5paid as a consequence of expungement. This amendatory Act of
6the 93rd General Assembly does not affect the right of the
7victim of a crime to prosecute or defend a civil action for
8damages.
9    (c) The expungement of juvenile records under Section 5-622
10shall be funded by the additional fine imposed under Section
115-9-1.17 of the Unified Code of Corrections and additional
12appropriations made by the General Assembly for such purpose.
13    (9) The changes made to this Section by Public Act 98-61
14this amendatory Act of the 98th General Assembly apply to law
15enforcement records of a minor who has been arrested or taken
16into custody on or after January 1, 2014 ( the effective date
17of Public Act 98-61) this amendatory Act.
18    (10) The changes made in subsection (1.5) of this Section
19by this amendatory Act of the 98th General Assembly apply to
20law enforcement records of a minor who has been arrested or
21taken into custody on or after January 1, 2015. The changes
22made in subsection (1.6) of this Section by this amendatory Act
23of the 98th General Assembly apply to law enforcement records
24of a minor who has been arrested or taken into custody before
25January 1, 2015.
26(Source: P.A. 98-61, eff. 1-1-14; revised 3-27-14.)".