Illinois General Assembly - Full Text of HB5341
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Full Text of HB5341  100th General Assembly

HB5341ham003 100TH GENERAL ASSEMBLY

Rep. Jehan Gordon-Booth

Adopted in House on Apr 27, 2018

 

 


 

 


 
10000HB5341ham003LRB100 19571 SLF 39269 a

1
AMENDMENT TO HOUSE BILL 5341

2    AMENDMENT NO. ______. Amend House Bill 5341 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement, sealing, and immediate sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        includes but is not limited to the offenses of indecent
2        solicitation of a child or criminal sexual abuse when
3        the victim of such offense is under 18 years of age.
4            (M) "Terminate" as it relates to a sentence or
5        order of supervision or qualified probation includes
6        either satisfactory or unsatisfactory termination of
7        the sentence, unless otherwise specified in this
8        Section. A sentence is terminated notwithstanding any
9        outstanding financial legal obligation.
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        (1.5) When a petitioner seeks to have a record of
24    arrest expunged under this Section, and the offender has
25    been convicted of a criminal offense, the State's Attorney
26    may object to the expungement on the grounds that the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    conditions and who fulfills those terms and conditions
2    pursuant to Section 10 of the Cannabis Control Act, Section
3    410 of the Illinois Controlled Substances Act, Section 70
4    of the Methamphetamine Control and Community Protection
5    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
6    Corrections, Section 12-4.3 or subdivision (b)(1) of
7    Section 12-3.05 of the Criminal Code of 1961 or the
8    Criminal Code of 2012, Section 10-102 of the Illinois
9    Alcoholism and Other Drug Dependency Act, Section 40-10 of
10    the Alcoholism and Other Drug Abuse and Dependency Act, or
11    Section 10 of the Steroid Control Act.
12        (8) If the petitioner has been granted a certificate of
13    innocence under Section 2-702 of the Code of Civil
14    Procedure, the court that grants the certificate of
15    innocence shall also enter an order expunging the
16    conviction for which the petitioner has been determined to
17    be innocent as provided in subsection (h) of Section 2-702
18    of the Code of Civil Procedure.
19    (c) Sealing.
20        (1) Applicability. Notwithstanding any other provision
21    of this Act to the contrary, and cumulative with any rights
22    to expungement of criminal records, this subsection
23    authorizes the sealing of criminal records of adults and of
24    minors prosecuted as adults. Subsection (g) of this Section
25    provides for immediate sealing of certain records.
26        (2) Eligible Records. The following records may be

 

 

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

 

 

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1        Section.
2        (3) When Records Are Eligible to Be Sealed. Records
3    identified as eligible under subsection (c)(2) may be
4    sealed as follows:
5            (A) Records identified as eligible under
6        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
7        time.
8            (B) Except as otherwise provided in subparagraph
9        (E) of this paragraph (3), records identified as
10        eligible under subsection (c)(2)(C) may be sealed 2
11        years after the termination of petitioner's last
12        sentence (as defined in subsection (a)(1)(F)).
13            (C) Except as otherwise provided in subparagraph
14        (E) of this paragraph (3), records identified as
15        eligible under subsections (c)(2)(D), (c)(2)(E), and
16        (c)(2)(F) may be sealed 3 years after the termination
17        of the petitioner's last sentence (as defined in
18        subsection (a)(1)(F)). Convictions requiring public
19        registration under the Arsonist Registration Act, the
20        Sex Offender Registration Act, or the Murderer and
21        Violent Offender Against Youth Registration Act may
22        not be sealed until the petitioner is no longer
23        required to register under that relevant Act.
24            (D) Records identified in subsection
25        (a)(3)(A)(iii) may be sealed after the petitioner has
26        reached the age of 25 years.

 

 

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1            (E) Records identified as eligible under
2        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
3        (c)(2)(F) may be sealed upon termination of the
4        petitioner's last sentence if the petitioner earned a
5        high school diploma, associate's degree, career
6        certificate, vocational technical certification, or
7        bachelor's degree, or passed the high school level Test
8        of General Educational Development, during the period
9        of his or her sentence, aftercare release, or mandatory
10        supervised release. This subparagraph shall apply only
11        to a petitioner who has not completed the same
12        educational goal prior to the period of his or her
13        sentence, aftercare release, or mandatory supervised
14        release. If a petition for sealing eligible records
15        filed under this subparagraph is denied by the court,
16        the time periods under subparagraph (B) or (C) shall
17        apply to any subsequent petition for sealing filed by
18        the petitioner.
19        (4) Subsequent felony convictions. A person may not
20    have subsequent felony conviction records sealed as
21    provided in this subsection (c) if he or she is convicted
22    of any felony offense after the date of the sealing of
23    prior felony convictions as provided in this subsection
24    (c). The court may, upon conviction for a subsequent felony
25    offense, order the unsealing of prior felony conviction
26    records previously ordered sealed by the court.

 

 

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1        (5) Notice of eligibility for sealing. Upon entry of a
2    disposition for an eligible record under this subsection
3    (c), the petitioner shall be informed by the court of the
4    right to have the records sealed and the procedures for the
5    sealing of the records.
6    (d) Procedure. The following procedures apply to
7expungement under subsections (b), (e), and (e-6) and sealing
8under subsections (c) and (e-5):
9        (1) Filing the petition. Upon becoming eligible to
10    petition for the expungement or sealing of records under
11    this Section, the petitioner shall file a petition
12    requesting the expungement or sealing of records with the
13    clerk of the court where the arrests occurred or the
14    charges were brought, or both. If arrests occurred or
15    charges were brought in multiple jurisdictions, a petition
16    must be filed in each such jurisdiction. The petitioner
17    shall pay the applicable fee, except no fee shall be
18    required if the petitioner has obtained a court order
19    waiving fees under Supreme Court Rule 298 or it is
20    otherwise waived.
21        (1.5) County fee waiver pilot program. In a county of
22    3,000,000 or more inhabitants, no fee shall be required to
23    be paid by a petitioner if the records sought to be
24    expunged or sealed were arrests resulting in release
25    without charging or arrests or charges not initiated by
26    arrest resulting in acquittal, dismissal, or conviction

 

 

10000HB5341ham003- 19 -LRB100 19571 SLF 39269 a

1    when the conviction was reversed or vacated, unless
2    excluded by subsection (a)(3)(B). The provisions of this
3    paragraph (1.5), other than this sentence, are inoperative
4    on and after January 1, 2019 or one year after January 1,
5    2017 (the effective date of Public Act 99-881), whichever
6    is later.
7        (2) Contents of petition. The petition shall be
8    verified and shall contain the petitioner's name, date of
9    birth, current address and, for each arrest or charge not
10    initiated by arrest sought to be sealed or expunged, the
11    case number, the date of arrest (if any), the identity of
12    the arresting authority, and such other information as the
13    court may require. During the pendency of the proceeding,
14    the petitioner shall promptly notify the circuit court
15    clerk of any change of his or her address. If the
16    petitioner has received a certificate of eligibility for
17    sealing from the Prisoner Review Board under paragraph (10)
18    of subsection (a) of Section 3-3-2 of the Unified Code of
19    Corrections, the certificate shall be attached to the
20    petition.
21        (3) Drug test. The petitioner must attach to the
22    petition proof that the petitioner has passed a test taken
23    within 30 days before the filing of the petition showing
24    the absence within his or her body of all illegal
25    substances as defined by the Illinois Controlled
26    Substances Act, the Methamphetamine Control and Community

 

 

10000HB5341ham003- 20 -LRB100 19571 SLF 39269 a

1    Protection Act, and the Cannabis Control Act if he or she
2    is petitioning to:
3            (A) seal felony records under clause (c)(2)(E);
4            (B) seal felony records for a violation of the
5        Illinois Controlled Substances Act, the
6        Methamphetamine Control and Community Protection Act,
7        or the Cannabis Control Act under clause (c)(2)(F);
8            (C) seal felony records under subsection (e-5); or
9            (D) expunge felony records of a qualified
10        probation under clause (b)(1)(iv).
11        (4) Service of petition. The circuit court clerk shall
12    promptly serve a copy of the petition and documentation to
13    support the petition under subsection (e-5) or (e-6) on the
14    State's Attorney or prosecutor charged with the duty of
15    prosecuting the offense, the Department of State Police,
16    the arresting agency and the chief legal officer of the
17    unit of local government effecting the arrest.
18        (5) Objections.
19            (A) Any party entitled to notice of the petition
20        may file an objection to the petition. All objections
21        shall be in writing, shall be filed with the circuit
22        court clerk, and shall state with specificity the basis
23        of the objection. Whenever a person who has been
24        convicted of an offense is granted a pardon by the
25        Governor which specifically authorizes expungement, an
26        objection to the petition may not be filed.

 

 

10000HB5341ham003- 21 -LRB100 19571 SLF 39269 a

1            (B) Objections to a petition to expunge or seal
2        must be filed within 60 days of the date of service of
3        the petition.
4        (6) Entry of order.
5            (A) The Chief Judge of the circuit wherein the
6        charge was brought, any judge of that circuit
7        designated by the Chief Judge, or in counties of less
8        than 3,000,000 inhabitants, the presiding trial judge
9        at the petitioner's trial, if any, shall rule on the
10        petition to expunge or seal as set forth in this
11        subsection (d)(6).
12            (B) Unless the State's Attorney or prosecutor, the
13        Department of State Police, the arresting agency, or
14        the chief legal officer files an objection to the
15        petition to expunge or seal within 60 days from the
16        date of service of the petition, the court shall enter
17        an order granting or denying the petition.
18            (C) Notwithstanding any other provision of law,
19        the court shall not deny a petition under this Section
20        because the petitioner has not satisfied an
21        outstanding legal financial obligation established,
22        imposed, or originated by a court, law enforcement
23        agency, or a municipal, State, county, or other unit of
24        local government, including, but not limited to, any
25        cost, assessment, fine, or fee. An outstanding legal
26        financial obligation does not include any court

 

 

10000HB5341ham003- 22 -LRB100 19571 SLF 39269 a

1        ordered restitution to a victim under Section 5-5-6 of
2        the Unified Code of Corrections, unless the
3        restitution has been converted to a civil judgment.
4        Nothing in this subparagraph (C) waives, rescinds, or
5        abrogates a legal financial obligation or otherwise
6        eliminates or affects the right of the holder of any
7        financial obligation to pursue collection under
8        applicable federal, State, or local law.
9        (7) Hearings. If an objection is filed, the court shall
10    set a date for a hearing and notify the petitioner and all
11    parties entitled to notice of the petition of the hearing
12    date at least 30 days prior to the hearing. Prior to the
13    hearing, the State's Attorney shall consult with the
14    Department as to the appropriateness of the relief sought
15    in the petition to expunge or seal. At the hearing, the
16    court shall hear evidence on whether the petition should or
17    should not be granted, and shall grant or deny the petition
18    to expunge or seal the records based on the evidence
19    presented at the hearing. The court may consider the
20    following:
21            (A) the strength of the evidence supporting the
22        defendant's conviction;
23            (B) the reasons for retention of the conviction
24        records by the State;
25            (C) the petitioner's age, criminal record history,
26        and employment history;

 

 

10000HB5341ham003- 23 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 24 -LRB100 19571 SLF 39269 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            and
8                (iii) in response to an inquiry for expunged
9            records, the court, the Department, or the agency
10            receiving such inquiry, shall reply as it does in
11            response to inquiries when no records ever
12            existed.
13            (B) Upon entry of an order to expunge records
14        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
15                (i) the records shall be expunged (as defined
16            in subsection (a)(1)(E)) by the arresting agency
17            and any other agency as ordered by the court,
18            within 60 days of the date of service of the order,
19            unless a motion to vacate, modify, or reconsider
20            the order is filed pursuant to paragraph (12) of
21            subsection (d) of this Section;
22                (ii) the records of the circuit court clerk
23            shall be impounded until further order of the court
24            upon good cause shown and the name of the
25            petitioner obliterated on the official index
26            required to be kept by the circuit court clerk

 

 

10000HB5341ham003- 25 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 26 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 27 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 28 -LRB100 19571 SLF 39269 a

1        compliance with an Appellate Court or Supreme Court
2        judgment to expunge or seal records within 60 days of
3        the issuance of the court's mandate. The notice is not
4        required while any motion to vacate, modify, or
5        reconsider, or any appeal or petition for
6        discretionary appellate review, is pending.
7            (E) Upon motion, the court may order that a sealed
8        or expunged judgment or other court record necessary to
9        demonstrate the amount of any legal financial
10        obligation due and owing be made available for the
11        limited purpose of collecting any legal financial
12        obligations owed by the petitioner that were
13        established, imposed, or originated in the criminal
14        proceeding for which those records have been sealed or
15        expunged. The records made available under this
16        subparagraph (E) shall not be entered into the official
17        index required to be kept by the circuit court clerk
18        under Section 16 of the Clerks of Courts Act and shall
19        be immediately re-impounded upon the collection of the
20        outstanding financial obligations.
21            (F) Notwithstanding any other provision of this
22        Section, a circuit court clerk may access a sealed or
23        expunged record for the limited purpose of collecting
24        payment for any legal financial obligations that were
25        established, imposed, or originated in the criminal
26        proceedings for which those records have been sealed or

 

 

10000HB5341ham003- 29 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 30 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 31 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 32 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 33 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 34 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 35 -LRB100 19571 SLF 39269 a

1criminal records under Public Act 93-211. At the request of the
2Illinois Department of Corrections, records of the Illinois
3Department of Employment Security shall be utilized as
4appropriate to assist in the study. The study shall not
5disclose any data in a manner that would allow the
6identification of any particular individual or employing unit.
7The study shall be made available to the General Assembly no
8later than September 1, 2010.
9    (g) Immediate Sealing.
10        (1) Applicability. Notwithstanding any other provision
11    of this Act to the contrary, and cumulative with any rights
12    to expungement or sealing of criminal records, this
13    subsection authorizes the immediate sealing of criminal
14    records of adults and of minors prosecuted as adults.
15        (2) Eligible Records. Arrests or charges not initiated
16    by arrest resulting in acquittal or dismissal with
17    prejudice, except as excluded by subsection (a)(3)(B),
18    that occur on or after January 1, 2018 (the effective date
19    of Public Act 100-282) this amendatory Act of the 100th
20    General Assembly, may be sealed immediately if the petition
21    is filed with the circuit court clerk on the same day and
22    during the same hearing in which the case is disposed.
23        (3) When Records are Eligible to be Immediately Sealed.
24    Eligible records under paragraph (2) of this subsection (g)
25    may be sealed immediately after entry of the final
26    disposition of a case, notwithstanding the disposition of

 

 

10000HB5341ham003- 36 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 37 -LRB100 19571 SLF 39269 a

1        for each eligible record, the case number, the date of
2        arrest if applicable, the identity of the arresting
3        authority if applicable, and other information as the
4        court may require.
5            (C) Drug Test. The petitioner shall not be required
6        to attach proof that he or she has passed a drug test.
7            (D) Service of Petition. A copy of the petition
8        shall be served on the State's Attorney in open court.
9        The petitioner shall not be required to serve a copy of
10        the petition on any other agency.
11            (E) Entry of Order. The presiding trial judge shall
12        enter an order granting or denying the petition for
13        immediate sealing during the hearing in which it is
14        filed. Petitions for immediate sealing shall be ruled
15        on in the same hearing in which the final disposition
16        of the case is entered.
17            (F) Hearings. The court shall hear the petition for
18        immediate sealing on the same day and during the same
19        hearing in which the disposition is rendered.
20            (G) Service of Order. An order to immediately seal
21        eligible records shall be served in conformance with
22        subsection (d)(8).
23            (H) Implementation of Order. An order to
24        immediately seal records shall be implemented in
25        conformance with subsections (d)(9)(C) and (d)(9)(D).
26            (I) Fees. The fee imposed by the circuit court

 

 

10000HB5341ham003- 38 -LRB100 19571 SLF 39269 a

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

 

 

10000HB5341ham003- 39 -LRB100 19571 SLF 39269 a

1            (M) Compliance with Order Granting Petition to
2        Seal Records. Unless a court has entered a stay of an
3        order granting a petition to immediately seal, all
4        parties entitled to service of the order must fully
5        comply with the terms of the order within 60 days of
6        service of the order.
7(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
8eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
999-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
101-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
1110-13-17.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".