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Full Text of HB2367  100th General Assembly

HB2367ham002 100TH GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 2/20/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2367

2    AMENDMENT NO. ______. Amend House Bill 2367, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6changing Section 5.2 as follows:
 
7    (20 ILCS 2630/5.2)
8    Sec. 5.2. Expungement, sealing, and immediate sealing.
9    (a) General Provisions.
10        (1) Definitions. In this Act, words and phrases have
11    the meanings set forth in this subsection, except when a
12    particular context clearly requires a different meaning.
13            (A) The following terms shall have the meanings
14        ascribed to them in the Unified Code of Corrections,
15        730 ILCS 5/5-1-2 through 5/5-1-22:
16                (i) Business Offense (730 ILCS 5/5-1-2),

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            (L) "Sexual offense committed against a minor"
2        includes but is not limited to the offenses of indecent
3        solicitation of a child or criminal sexual abuse when
4        the victim of such offense is under 18 years of age.
5            (M) "Terminate" as it relates to a sentence or
6        order of supervision or qualified probation includes
7        either satisfactory or unsatisfactory termination of
8        the sentence, unless otherwise specified in this
9        Section.
10        (2) Minor Traffic Offenses. Orders of supervision or
11    convictions for minor traffic offenses shall not affect a
12    petitioner's eligibility to expunge or seal records
13    pursuant to this Section.
14        (2.5) Commencing 180 days after July 29, 2016 (the
15    effective date of Public Act 99-697), the law enforcement
16    agency issuing the citation shall automatically expunge,
17    on or before January 1 and July 1 of each year, the law
18    enforcement records of a person found to have committed a
19    civil law violation of subsection (a) of Section 4 of the
20    Cannabis Control Act or subsection (c) of Section 3.5 of
21    the Drug Paraphernalia Control Act in the law enforcement
22    agency's possession or control and which contains the final
23    satisfactory disposition which pertain to the person
24    issued a citation for that offense. The law enforcement
25    agency shall provide by rule the process for access,
26    review, and to confirm the automatic expungement by the law

 

 

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1    enforcement agency issuing the citation. Commencing 180
2    days after July 29, 2016 (the effective date of Public Act
3    99-697), the clerk of the circuit court shall expunge, upon
4    order of the court, or in the absence of a court order on
5    or before January 1 and July 1 of each year, the court
6    records of a person found in the circuit court to have
7    committed a civil law violation of subsection (a) of
8    Section 4 of the Cannabis Control Act or subsection (c) of
9    Section 3.5 of the Drug Paraphernalia Control Act in the
10    clerk's possession or control and which contains the final
11    satisfactory disposition which pertain to the person
12    issued a citation for any of those offenses.
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 or a conviction for the following
12        offenses:
13                (i) offenses included in Article 11 of the
14            Criminal Code of 1961 or the Criminal Code of 2012
15            or a similar provision of a local ordinance, except
16            Section 11-14 and a misdemeanor violation of
17            Section 11-30 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) Sections 12-3.1 or 12-3.2 of the
25            Criminal Code of 1961 or the Criminal Code of 2012,
26            or Section 125 of the Stalking No Contact Order

 

 

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1            Act, or Section 219 of the Civil No Contact Order
2            Act, or a similar provision of a local ordinance;
3                (iv) Class A misdemeanors or felony offenses
4            under the Humane Care for Animals Act; or
5                (v) any offense or attempted offense that
6            would subject a person to registration under the
7            Sex Offender Registration Act.
8            (D) (blank).
9    (b) Expungement.
10        (1) A petitioner may petition the circuit court to
11    expunge the records of his or her arrests and charges not
12    initiated by arrest when each arrest or charge not
13    initiated by arrest sought to be expunged resulted in: (i)
14    acquittal, dismissal, or the petitioner's release without
15    charging, unless excluded by subsection (a)(3)(B); (ii) a
16    conviction which was vacated or reversed, unless excluded
17    by subsection (a)(3)(B); (iii) an order of supervision and
18    such supervision was successfully completed by the
19    petitioner, unless excluded by subsection (a)(3)(A) or
20    (a)(3)(B); or (iv) an order of qualified probation (as
21    defined in subsection (a)(1)(J)) and such probation was
22    successfully completed by the petitioner.
23        (1.1) Notwithstanding the eligibility requirements of
24    this subsection (b), a petitioner is eligible to petition
25    the circuit court to expunge all records that have been
26    sealed under subsection (c) or (g) of this Section 3 years

 

 

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1    after the petitioner is granted sealing. This paragraph
2    (1.1) shall only apply to a petitioner who has not been
3    arrested or has not had one or more criminal convictions
4    between the court granting sealing and the filing of the
5    petition for relief.
6        (1.5) When a petitioner seeks to have a record of
7    arrest expunged under this Section, and the offender has
8    been convicted of a criminal offense, the State's Attorney
9    may object to the expungement on the grounds that the
10    records contain specific relevant information aside from
11    the mere fact of the arrest.
12        (2) Time frame for filing a petition to expunge.
13            (A) When the arrest or charge not initiated by
14        arrest sought to be expunged resulted in an acquittal,
15        dismissal, the petitioner's release without charging,
16        or the reversal or vacation of a conviction, there is
17        no waiting period to petition for the expungement of
18        such records.
19            (B) When the arrest or charge not initiated by
20        arrest sought to be expunged resulted in an order of
21        supervision, successfully completed by the petitioner,
22        the following time frames will apply:
23                (i) Those arrests or charges that resulted in
24            orders of supervision under Section 3-707, 3-708,
25            3-710, or 5-401.3 of the Illinois Vehicle Code or a
26            similar provision of a local ordinance, or under

 

 

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1            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
2            Code of 1961 or the Criminal Code of 2012, or a
3            similar provision of a local ordinance, shall not
4            be eligible for expungement until 5 years have
5            passed following the satisfactory termination of
6            the supervision.
7                (i-5) Those arrests or charges that resulted
8            in orders of supervision for a misdemeanor
9            violation of subsection (a) of Section 11-503 of
10            the Illinois Vehicle Code or a similar provision of
11            a local ordinance, that occurred prior to the
12            offender reaching the age of 25 years and the
13            offender has no other conviction for violating
14            Section 11-501 or 11-503 of the Illinois Vehicle
15            Code or a similar provision of a local ordinance
16            shall not be eligible for expungement until the
17            petitioner has reached the age of 25 years.
18                (ii) Those arrests or charges that resulted in
19            orders of supervision for any other offenses shall
20            not be eligible for expungement until 2 years have
21            passed following the satisfactory termination of
22            the supervision.
23            (C) When the arrest or charge not initiated by
24        arrest sought to be expunged resulted in an order of
25        qualified probation, successfully completed by the
26        petitioner, such records shall not be eligible for

 

 

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

 

 

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

 

 

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

 

 

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1    of the Code of Civil Procedure.
2    (c) Sealing.
3        (1) Applicability. Notwithstanding any other provision
4    of this Act to the contrary, and cumulative with any rights
5    to expungement of criminal records, this subsection
6    authorizes the sealing of criminal records of adults and of
7    minors prosecuted as adults. Subsection (g) of this Section
8    provides for immediate sealing of certain records.
9        (2) Eligible Records. The following records may be
10    sealed:
11            (A) All arrests resulting in release without
12        charging;
13            (B) Arrests or charges not initiated by arrest
14        resulting in acquittal, dismissal, or conviction when
15        the conviction was reversed or vacated, except as
16        excluded by subsection (a)(3)(B);
17            (C) Arrests or charges not initiated by arrest
18        resulting in orders of supervision, including orders
19        of supervision for municipal ordinance violations,
20        successfully completed by the petitioner, unless
21        excluded by subsection (a)(3);
22            (D) Arrests or charges not initiated by arrest
23        resulting in convictions, including convictions on
24        municipal ordinance violations, unless excluded by
25        subsection (a)(3);
26            (E) Arrests or charges not initiated by arrest

 

 

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1        resulting in orders of first offender probation under
2        Section 10 of the Cannabis Control Act, Section 410 of
3        the Illinois Controlled Substances Act, Section 70 of
4        the Methamphetamine Control and Community Protection
5        Act, or Section 5-6-3.3 of the Unified Code of
6        Corrections; and
7            (F) Arrests or charges not initiated by arrest
8        resulting in felony convictions unless otherwise
9        excluded by subsection (a) paragraph (3) of this
10        Section.
11        (3) When Records Are Eligible to Be Sealed. Records
12    identified as eligible under subsection (c)(2) may be
13    sealed as follows:
14            (A) Records identified as eligible under
15        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
16        time.
17            (B) Except as otherwise provided in subparagraph
18        (E) of this paragraph (3), records identified as
19        eligible under subsection (c)(2)(C) may be sealed 2
20        years after the termination of petitioner's last
21        sentence (as defined in subsection (a)(1)(F)).
22            (C) Except as otherwise provided in subparagraph
23        (E) of this paragraph (3), records identified as
24        eligible under subsections (c)(2)(D), (c)(2)(E), and
25        (c)(2)(F) may be sealed 3 years after the termination
26        of the petitioner's last sentence (as defined in

 

 

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1        subsection (a)(1)(F)). Convictions requiring public
2        registration under the Arsonist Registration Act, the
3        Sex Offender Registration Act, or the Murderer and
4        Violent Offender Against Youth Registration Act may
5        not be sealed until the petitioner is no longer
6        required to register under that relevant Act.
7            (D) Records identified in subsection
8        (a)(3)(A)(iii) may be sealed after the petitioner has
9        reached the age of 25 years.
10            (E) Records identified as eligible under
11        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
12        (c)(2)(F) may be sealed upon termination of the
13        petitioner's last sentence if the petitioner earned a
14        high school diploma, associate's degree, career
15        certificate, vocational technical certification, or
16        bachelor's degree, or passed the high school level Test
17        of General Educational Development, during the period
18        of his or her sentence, aftercare release, or mandatory
19        supervised release. This subparagraph shall apply only
20        to a petitioner who has not completed the same
21        educational goal prior to the period of his or her
22        sentence, aftercare release, or mandatory supervised
23        release. If a petition for sealing eligible records
24        filed under this subparagraph is denied by the court,
25        the time periods under subparagraph (B) or (C) shall
26        apply to any subsequent petition for sealing filed by

 

 

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1        the petitioner.
2        (4) Subsequent felony convictions. A person may not
3    have subsequent felony conviction records sealed as
4    provided in this subsection (c) if he or she is convicted
5    of any felony offense after the date of the sealing of
6    prior felony convictions as provided in this subsection
7    (c). The court may, upon conviction for a subsequent felony
8    offense, order the unsealing of prior felony conviction
9    records previously ordered sealed by the court.
10        (5) Notice of eligibility for sealing. Upon entry of a
11    disposition for an eligible record under this subsection
12    (c), the petitioner shall be informed by the court of the
13    right to have the records sealed and the procedures for the
14    sealing of the records.
15    (d) Procedure. The following procedures apply to
16expungement under subsections (b), (e), and (e-6) and sealing
17under subsections (c) and (e-5):
18        (1) Filing the petition. Upon becoming eligible to
19    petition for the expungement or sealing of records under
20    this Section, the petitioner shall file a petition
21    requesting the expungement or sealing of records with the
22    clerk of the court where the arrests occurred or the
23    charges were brought, or both. If arrests occurred or
24    charges were brought in multiple jurisdictions, a petition
25    must be filed in each such jurisdiction. The petitioner
26    shall pay the applicable fee, except no fee shall be

 

 

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1    required if the petitioner has obtained a court order
2    waiving fees under Supreme Court Rule 298 or it is
3    otherwise waived.
4        (1.5) County fee waiver pilot program. In a county of
5    3,000,000 or more inhabitants, no fee shall be required to
6    be paid by a petitioner if the records sought to be
7    expunged or sealed were arrests resulting in release
8    without charging or arrests or charges not initiated by
9    arrest resulting in acquittal, dismissal, or conviction
10    when the conviction was reversed or vacated, unless
11    excluded by subsection (a)(3)(B). The provisions of this
12    paragraph (1.5), other than this sentence, are inoperative
13    on and after January 1, 2019 or one year after January 1,
14    2017 (the effective date of Public Act 99-881), whichever
15    is later.
16        (2) Contents of petition. The petition shall be
17    verified and shall contain the petitioner's name, date of
18    birth, current address and, for each arrest or charge not
19    initiated by arrest sought to be sealed or expunged, the
20    case number, the date of arrest (if any), the identity of
21    the arresting authority, and such other information as the
22    court may require. During the pendency of the proceeding,
23    the petitioner shall promptly notify the circuit court
24    clerk of any change of his or her address. If the
25    petitioner has received a certificate of eligibility for
26    sealing from the Prisoner Review Board under paragraph (10)

 

 

10000HB2367ham002- 20 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 21 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 22 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 23 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 24 -LRB100 09422 SLF 36370 a

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

 

 

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

 

 

10000HB2367ham002- 26 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 27 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 28 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 29 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 30 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 31 -LRB100 09422 SLF 36370 a

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

 

 

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1connection with the arrest and conviction for the offense for
2which he or she had been granted the certificate 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 as
6required by this Act or to the arresting authority, a law
7enforcement agency, the State's Attorney, and the court upon a
8later arrest for the same or similar offense or for the purpose
9of sentencing for any subsequent felony. Upon conviction for
10any subsequent offense, the Department of Corrections shall
11have access to all sealed records of the Department pertaining
12to that individual. Upon entry of the order of sealing, the
13circuit court clerk shall promptly mail a copy of the order to
14the person who was granted the certificate of eligibility for
15sealing.
16    (e-6) Whenever a person who has been convicted of an
17offense is granted a certificate of eligibility for expungement
18by the Prisoner Review Board which specifically authorizes
19expungement, he or she may, upon verified petition to the Chief
20Judge of the circuit where the person had been convicted, any
21judge of the circuit designated by the Chief Judge, or in
22counties of less than 3,000,000 inhabitants, the presiding
23trial judge at the petitioner's trial, have a court order
24entered expunging the record of arrest from the official
25records of the arresting authority and order that the records
26of the circuit court clerk and the Department be sealed until

 

 

10000HB2367ham002- 33 -LRB100 09422 SLF 36370 a

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

 

 

10000HB2367ham002- 34 -LRB100 09422 SLF 36370 a

1appropriate to assist in the study. The study shall not
2disclose any data in a manner that would allow the
3identification of any particular individual or employing unit.
4The study shall be made available to the General Assembly no
5later than September 1, 2010.
6    (g) Immediate Sealing.
7        (1) Applicability. Notwithstanding any other provision
8    of this Act to the contrary, and cumulative with any rights
9    to expungement or sealing of criminal records, this
10    subsection authorizes the immediate sealing of criminal
11    records of adults and of minors prosecuted as adults.
12        (2) Eligible Records. Arrests or charges not initiated
13    by arrest resulting in acquittal or dismissal with
14    prejudice, except as excluded by subsection (a)(3)(B),
15    that occur on or after January 1, 2018 (the effective date
16    of Public Act 100-282) this amendatory Act of the 100th
17    General Assembly, may be sealed immediately if the petition
18    is filed with the circuit court clerk on the same day and
19    during the same hearing in which the case is disposed.
20        (3) When Records are Eligible to be Immediately Sealed.
21    Eligible records under paragraph (2) of this subsection (g)
22    may be sealed immediately after entry of the final
23    disposition of a case, notwithstanding the disposition of
24    other charges in the same case.
25        (4) Notice of Eligibility for Immediate Sealing. Upon
26    entry of a disposition for an eligible record under this

 

 

10000HB2367ham002- 35 -LRB100 09422 SLF 36370 a

1    subsection (g), the defendant shall be informed by the
2    court of his or her right to have eligible records
3    immediately sealed and the procedure for the immediate
4    sealing of these records.
5        (5) Procedure. The following procedures apply to
6    immediate sealing under this subsection (g).
7            (A) Filing the Petition. Upon entry of the final
8        disposition of the case, the defendant's attorney may
9        immediately petition the court, on behalf of the
10        defendant, for immediate sealing of eligible records
11        under paragraph (2) of this subsection (g) that are
12        entered on or after January 1, 2018 (the effective date
13        of Public Act 100-282) this amendatory Act of the 100th
14        General Assembly. The immediate sealing petition may
15        be filed with the circuit court clerk during the
16        hearing in which the final disposition of the case is
17        entered. If the defendant's attorney does not file the
18        petition for immediate sealing during the hearing, the
19        defendant may file a petition for sealing at any time
20        as authorized under subsection (c)(3)(A).
21            (B) Contents of Petition. The immediate sealing
22        petition shall be verified and shall contain the
23        petitioner's name, date of birth, current address, and
24        for each eligible record, the case number, the date of
25        arrest if applicable, the identity of the arresting
26        authority if applicable, and other information as the

 

 

10000HB2367ham002- 36 -LRB100 09422 SLF 36370 a

1        court may require.
2            (C) Drug Test. The petitioner shall not be required
3        to attach proof that he or she has passed a drug test.
4            (D) Service of Petition. A copy of the petition
5        shall be served on the State's Attorney in open court.
6        The petitioner shall not be required to serve a copy of
7        the petition on any other agency.
8            (E) Entry of Order. The presiding trial judge shall
9        enter an order granting or denying the petition for
10        immediate sealing during the hearing in which it is
11        filed. Petitions for immediate sealing shall be ruled
12        on in the same hearing in which the final disposition
13        of the case is entered.
14            (F) Hearings. The court shall hear the petition for
15        immediate sealing on the same day and during the same
16        hearing in which the disposition is rendered.
17            (G) Service of Order. An order to immediately seal
18        eligible records shall be served in conformance with
19        subsection (d)(8).
20            (H) Implementation of Order. An order to
21        immediately seal records shall be implemented in
22        conformance with subsections (d)(9)(C) and (d)(9)(D).
23            (I) Fees. The fee imposed by the circuit court
24        clerk and the Department of State Police shall comply
25        with paragraph (1) of subsection (d) of this Section.
26            (J) Final Order. No court order issued under this

 

 

10000HB2367ham002- 37 -LRB100 09422 SLF 36370 a

1        subsection (g) shall become final for purposes of
2        appeal until 30 days after service of the order on the
3        petitioner and all parties entitled to service of the
4        order in conformance with subsection (d)(8).
5            (K) Motion to Vacate, Modify, or Reconsider. Under
6        Section 2-1203 of the Code of Civil Procedure, the
7        petitioner, State's Attorney, or the Department of
8        State Police may file a motion to vacate, modify, or
9        reconsider the order denying the petition to
10        immediately seal within 60 days of service of the
11        order. If filed more than 60 days after service of the
12        order, a petition to vacate, modify, or reconsider
13        shall comply with subsection (c) of Section 2-1401 of
14        the Code of Civil Procedure.
15            (L) Effect of Order. An order granting an immediate
16        sealing petition shall not be considered void because
17        it fails to comply with the provisions of this Section
18        or because of an error asserted in a motion to vacate,
19        modify, or reconsider. The circuit court retains
20        jurisdiction to determine whether the order is
21        voidable, and to vacate, modify, or reconsider its
22        terms based on a motion filed under subparagraph (L) of
23        this subsection (g).
24            (M) Compliance with Order Granting Petition to
25        Seal Records. Unless a court has entered a stay of an
26        order granting a petition to immediately seal, all

 

 

10000HB2367ham002- 38 -LRB100 09422 SLF 36370 a

1        parties entitled to service of the order must fully
2        comply with the terms of the order within 60 days of
3        service of the order.
4(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
5eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
699-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
71-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
810-13-17.)".