Illinois General Assembly - Full Text of HB4392
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Full Text of HB4392  102nd General Assembly

HB4392ham001 102ND GENERAL ASSEMBLY

Rep. Carol Ammons

Filed: 3/1/2022

 

 


 

 


 
10200HB4392ham001LRB102 21280 RLC 36958 a

1
AMENDMENT TO HOUSE BILL 4392

2    AMENDMENT NO. ______. Amend House Bill 4392 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 following Sections of the
14        Unified Code of Corrections, 730 ILCS 5/5-1-2 through
15        5/5-1-22:
16                (i) Business Offense, Section 5-1-2. (730 ILCS

 

 

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1            5/5-1-2),
2                (ii) Charge, Section 5-1-3. (730 ILCS
3            5/5-1-3),
4                (iii) Court, Section 5-1-6. (730 ILCS
5            5/5-1-6),
6                (iv) Defendant, Section 5-1-7. (730 ILCS
7            5/5-1-7),
8                (v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
9                (vi) Imprisonment, Section 5-1-10. (730 ILCS
10            5/5-1-10),
11                (vii) Judgment, Section 5-1-12. (730 ILCS
12            5/5-1-12),
13                (viii) Misdemeanor, Section 5-1-14. (730 ILCS
14            5/5-1-14),
15                (ix) Offense, Section 5-1-15. (730 ILCS
16            5/5-1-15),
17                (x) Parole, Section 5-1-16. (730 ILCS
18            5/5-1-16),
19                (xi) Petty Offense, Section 5-1-17. (730 ILCS
20            5/5-1-17),
21                (xii) Probation, Section 5-1-18. (730 ILCS
22            5/5-1-18),
23                (xiii) Sentence, Section 5-1-19. (730 ILCS
24            5/5-1-19),
25                (xiv) Supervision, Section 5-1-21. (730 ILCS
26            5/5-1-21), and

 

 

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

 

 

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1        offense (as defined in subsection (a)(1)(G)) shall not
2        be considered a criminal offense.
3            (E) "Expunge" means to physically destroy the
4        records or return them to the petitioner and to
5        obliterate the petitioner's name from any official
6        index or public record, or both. Nothing in this Act
7        shall require the physical destruction of the circuit
8        court file, but such records relating to arrests or
9        charges, or both, ordered expunged shall be impounded
10        as required by subsections (d)(9)(A)(ii) and
11        (d)(9)(B)(ii).
12            (F) As used in this Section, "last sentence" means
13        the sentence, order of supervision, or order of
14        qualified probation (as defined by subsection
15        (a)(1)(J)), for a criminal offense (as defined by
16        subsection (a)(1)(D)) that terminates last in time in
17        any jurisdiction, regardless of whether the petitioner
18        has included the criminal offense for which the
19        sentence or order of supervision or qualified
20        probation was imposed in his or her petition. If
21        multiple sentences, orders of supervision, or orders
22        of qualified probation terminate on the same day and
23        are last in time, they shall be collectively
24        considered the "last sentence" regardless of whether
25        they were ordered to run concurrently.
26            (G) "Minor traffic offense" means a petty offense,

 

 

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1        business offense, or Class C misdemeanor under the
2        Illinois Vehicle Code or a similar provision of a
3        municipal or local ordinance.
4            (G-5) "Minor Cannabis Offense" means a violation
5        of Section 4 or 5 of the Cannabis Control Act
6        concerning not more than 30 grams of any substance
7        containing cannabis, provided the violation did not
8        include a penalty enhancement under Section 7 of the
9        Cannabis Control Act and is not associated with an
10        arrest, conviction or other disposition for a violent
11        crime as defined in subsection (c) of Section 3 of the
12        Rights of Crime Victims and Witnesses Act.
13            (H) "Municipal ordinance violation" means an
14        offense defined by a municipal or local ordinance that
15        is criminal in nature and with which the petitioner
16        was charged or for which the petitioner was arrested
17        and released without charging.
18            (I) "Petitioner" means an adult or a minor
19        prosecuted as an adult who has applied for relief
20        under this Section.
21            (J) "Qualified probation" means an order of
22        probation under Section 10 of the Cannabis Control
23        Act, Section 410 of the Illinois Controlled Substances
24        Act, Section 70 of the Methamphetamine Control and
25        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
26        of the Unified Code of Corrections, Section

 

 

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

 

 

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

 

 

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1    180 days after July 29, 2016 (the effective date of Public
2    Act 99-697), the clerk of the circuit court shall expunge,
3    upon order of the court, or in the absence of a court order
4    on or before January 1 and July 1 of each year, the court
5    records of a person found in the circuit court to have
6    committed a civil law violation of subsection (a) of
7    Section 4 of the Cannabis Control Act or subsection (c) of
8    Section 3.5 of the Drug Paraphernalia Control Act in the
9    clerk's possession or control and which contains the final
10    satisfactory disposition which pertain to the person
11    issued a citation for any of those offenses.
12        (3) Exclusions. Except as otherwise provided in
13    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
14    of this Section, the court shall not order:
15            (A) the sealing or expungement of the records of
16        arrests or charges not initiated by arrest that result
17        in an order of supervision for or conviction of: (i)
18        any sexual offense committed against a minor; (ii)
19        Section 11-501 of the Illinois Vehicle Code or a
20        similar provision of a local ordinance; or (iii)
21        Section 11-503 of the Illinois Vehicle Code or a
22        similar provision of a local ordinance, unless the
23        arrest or charge is for a misdemeanor violation of
24        subsection (a) of Section 11-503 or a similar
25        provision of a local ordinance, that occurred prior to
26        the offender reaching the age of 25 years and the

 

 

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1        offender has no other conviction for violating Section
2        11-501 or 11-503 of the Illinois Vehicle Code or a
3        similar provision of a local ordinance.
4            (B) the sealing or expungement of records of minor
5        traffic offenses (as defined in subsection (a)(1)(G)),
6        unless the petitioner was arrested and released
7        without charging.
8            (C) the sealing of the records of arrests or
9        charges not initiated by arrest which result in an
10        order of supervision or a conviction for the following
11        offenses:
12                (i) offenses included in Article 11 of the
13            Criminal Code of 1961 or the Criminal Code of 2012
14            or a similar provision of a local ordinance,
15            except Section 11-14 and a misdemeanor violation
16            of Section 11-30 of the Criminal Code of 1961 or
17            the Criminal Code of 2012, or a similar provision
18            of a local ordinance;
19                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
20            26-5, or 48-1 of the Criminal Code of 1961 or the
21            Criminal Code of 2012, or a similar provision of a
22            local ordinance;
23                (iii) Sections 12-3.1 or 12-3.2 of the
24            Criminal Code of 1961 or the Criminal Code of
25            2012, or Section 125 of the Stalking No Contact
26            Order Act, or Section 219 of the Civil No Contact

 

 

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1            Order Act, or a similar provision of a local
2            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
17            a 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
2            of 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 Illinois State
21    Police Department for persons arrested prior to their 17th
22    birthday shall be expunged as provided in Section 5-915 of
23    the Juvenile Court 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    Illinois State Police Department, other criminal justice
10    agencies, the prosecutor, and the trial court concerning
11    such arrest, if any, by removing his or her name from all
12    such records in connection with the arrest and conviction,
13    if any, and by inserting in the records the name of the
14    offender, if known or ascertainable, in lieu of the
15    aggrieved's name. The records of the circuit court clerk
16    shall be sealed until further order of the court upon good
17    cause shown and the name of the aggrieved person
18    obliterated on the official index required to be kept by
19    the circuit court clerk under Section 16 of the Clerks of
20    Courts Act, but the order shall not affect any index
21    issued by the circuit court clerk before the entry of the
22    order. Nothing in this Section shall limit the Illinois
23    Department of State Police or other criminal justice
24    agencies or prosecutors from listing under an offender's
25    name the false names he or she has 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 Illinois Department of State Police concerning the
12    offense shall not be sealed. The court, upon good cause
13    shown, shall make the records of the circuit court clerk
14    in 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
17    review or on collateral attack and the court determines by
18    clear and convincing evidence that the petitioner was
19    factually innocent of the charge, the court that finds the
20    petitioner factually innocent of the charge shall enter an
21    expungement order for the conviction for which the
22    petitioner has been determined to be innocent as provided
23    in subsection (b) of Section 5-5-4 of the Unified Code of
24    Corrections.
25        (7) Nothing in this Section shall prevent the Illinois
26    Department of State Police from maintaining all records of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10200HB4392ham001- 19 -LRB102 21280 RLC 36958 a

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
5    the 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. From August 9,
22    2019 (the effective date of Public Act 101-306) through
23    December 31, 2020, in a county of 3,000,000 or more
24    inhabitants, no fee shall be required to be paid by a
25    petitioner if the records sought to be expunged or sealed
26    were arrests resulting in release without charging or

 

 

10200HB4392ham001- 20 -LRB102 21280 RLC 36958 a

1    arrests or charges not initiated by arrest resulting in
2    acquittal, dismissal, or conviction when the conviction
3    was reversed or vacated, unless excluded by subsection
4    (a)(3)(B). The provisions of this paragraph (1.5), other
5    than this sentence, are inoperative on and after January
6    1, 2022.
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
18    (10) of subsection (a) of Section 3-3-2 of the Unified
19    Code of Corrections, the certificate shall be attached to
20    the 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 a test
24    showing the absence within his or her body of all illegal
25    substances as defined by the Illinois Controlled
26    Substances Act and , the Methamphetamine Control and

 

 

10200HB4392ham001- 21 -LRB102 21280 RLC 36958 a

1    Community Protection Act, and the Cannabis Control Act if
2    he or she 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
14    the State's Attorney or prosecutor charged with the duty
15    of prosecuting the offense, the Illinois Department of
16    State Police, the arresting agency and the chief legal
17    officer of the unit of local government effecting the
18    arrest.
19        (5) Objections.
20            (A) Any party entitled to notice of the petition
21        may file an objection to the petition. All objections
22        shall be in writing, shall be filed with the circuit
23        court clerk, and shall state with specificity the
24        basis of the objection. Whenever a person who has been
25        convicted of an offense is granted a pardon by the
26        Governor which specifically authorizes expungement, an

 

 

10200HB4392ham001- 22 -LRB102 21280 RLC 36958 a

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

 

 

10200HB4392ham001- 23 -LRB102 21280 RLC 36958 a

1        legal financial obligation does not include any court
2        ordered restitution to a victim under Section 5-5-6 of
3        the Unified Code of Corrections, unless the
4        restitution has been converted to a civil judgment.
5        Nothing in this subparagraph (C) waives, rescinds, or
6        abrogates a legal financial obligation or otherwise
7        eliminates or affects the right of the holder of any
8        financial obligation to pursue collection under
9        applicable federal, State, or local law.
10            (D) Notwithstanding any other provision of law,
11        the court shall not deny a petition to expunge or seal
12        under this Section because the petitioner has
13        submitted a drug test taken within 30 days before the
14        filing of the petition to expunge or seal that
15        indicates a positive test for the presence of cannabis
16        within the petitioner's body. In this subparagraph
17        (D), "cannabis" has the meaning ascribed to it in
18        Section 3 of the Cannabis Control Act.
19        (7) Hearings. If an objection is filed, the court
20    shall set a date for a hearing and notify the petitioner
21    and all parties entitled to notice of the petition of the
22    hearing date at least 30 days prior to the hearing. Prior
23    to the hearing, the State's Attorney shall consult with
24    the Illinois State Police Department as to the
25    appropriateness of the relief sought in the petition to
26    expunge or seal. At the hearing, the court shall hear

 

 

10200HB4392ham001- 24 -LRB102 21280 RLC 36958 a

1    evidence on whether the petition should or should not be
2    granted, and shall grant or deny the petition to expunge
3    or seal the records based on the evidence presented at the
4    hearing. The court may consider the following:
5            (A) the strength of the evidence supporting the
6        defendant's conviction;
7            (B) the reasons for retention of the conviction
8        records by the State;
9            (C) the petitioner's age, criminal record history,
10        and employment history;
11            (D) the period of time between the petitioner's
12        arrest on the charge resulting in the conviction and
13        the filing of the petition under this Section; and
14            (E) the specific adverse consequences the
15        petitioner may be subject to if the petition is
16        denied.
17        (8) Service of order. After entering an order to
18    expunge or seal records, the court must provide copies of
19    the order to the Illinois State Police Department, in a
20    form and manner prescribed by the Illinois State Police
21    Department, to the petitioner, to the State's Attorney or
22    prosecutor charged with the duty of prosecuting the
23    offense, to the arresting agency, to the chief legal
24    officer of the unit of local government effecting the
25    arrest, and to such other criminal justice agencies as may
26    be ordered by the court.

 

 

10200HB4392ham001- 25 -LRB102 21280 RLC 36958 a

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

 

 

10200HB4392ham001- 26 -LRB102 21280 RLC 36958 a

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

 

 

10200HB4392ham001- 27 -LRB102 21280 RLC 36958 a

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

 

 

10200HB4392ham001- 28 -LRB102 21280 RLC 36958 a

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

 

 

10200HB4392ham001- 29 -LRB102 21280 RLC 36958 a

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

 

 

10200HB4392ham001- 30 -LRB102 21280 RLC 36958 a

1            (E) Upon motion, the court may order that a sealed
2        judgment or other court record necessary to
3        demonstrate the amount of any legal financial
4        obligation due and owing be made available for the
5        limited purpose of collecting any legal financial
6        obligations owed by the petitioner that were
7        established, imposed, or originated in the criminal
8        proceeding for which those records have been sealed.
9        The records made available under this subparagraph (E)
10        shall not be entered into the official index required
11        to be kept by the circuit court clerk under Section 16
12        of the Clerks of Courts Act and shall be immediately
13        re-impounded upon the collection of the outstanding
14        financial obligations.
15            (F) Notwithstanding any other provision of this
16        Section, a circuit court clerk may access a sealed
17        record for the limited purpose of collecting payment
18        for any legal financial obligations that were
19        established, imposed, or originated in the criminal
20        proceedings for which those records have been sealed.
21        (10) Fees. The Illinois State Police Department may
22    charge the petitioner a fee equivalent to the cost of
23    processing any order to expunge or seal records.
24    Notwithstanding any provision of the Clerks of Courts Act
25    to the contrary, the circuit court clerk may charge a fee
26    equivalent to the cost associated with the sealing or

 

 

10200HB4392ham001- 31 -LRB102 21280 RLC 36958 a

1    expungement of records by the circuit court clerk. From
2    the total filing fee collected for the petition to seal or
3    expunge, the circuit court clerk shall deposit $10 into
4    the Circuit Court Clerk Operation and Administrative Fund,
5    to be used to offset the costs incurred by the circuit
6    court clerk in performing the additional duties required
7    to serve the petition to seal or expunge on all parties.
8    The circuit court clerk shall collect and remit the
9    Illinois Department of State Police portion of the fee to
10    the State Treasurer and it shall be deposited in the State
11    Police Services Fund. If the record brought under an
12    expungement petition was previously sealed under this
13    Section, the fee for the expungement petition for that
14    same record shall be waived.
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

 

 

10200HB4392ham001- 32 -LRB102 21280 RLC 36958 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
8    Section shall not be considered void because it fails to
9    comply with the provisions of this Section or because of
10    any error asserted in a motion to vacate, modify, or
11    reconsider. The circuit court retains jurisdiction to
12    determine whether the order is voidable and to vacate,
13    modify, or reconsider its terms based on a motion filed
14    under paragraph (12) of 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
18    notice of the petition must fully comply with the terms of
19    the 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

 

 

10200HB4392ham001- 33 -LRB102 21280 RLC 36958 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
4    until there is a final order on the motion for relief or,
5    in the case of an appeal, the issuance of that court's
6    mandate.
7        (16) The changes to this subsection (d) made by Public
8    Act 98-163 apply to all petitions pending on August 5,
9    2013 (the effective date of Public Act 98-163) and to all
10    orders ruling on a petition to expunge or seal on or after
11    August 5, 2013 (the effective date of Public Act 98-163).
12    (e) Whenever a person who has been convicted of an offense
13is granted a pardon by the Governor which specifically
14authorizes expungement, he or she may, upon verified petition
15to the Chief Judge of the circuit where the person had been
16convicted, any judge of the circuit designated by the Chief
17Judge, or in counties of less than 3,000,000 inhabitants, the
18presiding trial judge at the defendant's trial, have a court
19order entered expunging the record of arrest from the official
20records of the arresting authority and order that the records
21of the circuit court clerk and the Illinois State Police
22Department be sealed until further order of the court upon
23good cause shown or as otherwise provided herein, and the name
24of the defendant obliterated from the official index requested
25to be kept by the circuit court clerk under Section 16 of the
26Clerks of Courts Act in connection with the arrest and

 

 

10200HB4392ham001- 34 -LRB102 21280 RLC 36958 a

1conviction for the offense for which he or she had been
2pardoned but the order shall not affect any index issued by the
3circuit court clerk before the entry of the order. All records
4sealed by the Illinois State Police Department may be
5disseminated by the Illinois State Police Department only to
6the arresting authority, the State's Attorney, and the court
7upon a later arrest for the same or similar offense or for the
8purpose of sentencing for any subsequent felony. Upon
9conviction for any subsequent offense, the Department of
10Corrections shall have access to all sealed records of the
11Illinois State Police Department pertaining to that
12individual. 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 Illinois State Police Department
26be sealed until further order of the court upon good cause

 

 

10200HB4392ham001- 35 -LRB102 21280 RLC 36958 a

1shown or as otherwise provided herein, and the name of the
2petitioner obliterated from the official index requested to be
3kept by the circuit court clerk under Section 16 of the Clerks
4of Courts Act in connection with the arrest and conviction for
5the offense for which he or she had been granted the
6certificate but the order shall not affect any index issued by
7the circuit court clerk before the entry of the order. All
8records sealed by the Illinois State Police Department may be
9disseminated by the Illinois State Police 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 sealed records of the Illinois State Police
16Department pertaining to that individual. Upon entry of the
17order of sealing, the circuit court clerk shall promptly mail
18a copy of the order to the person who was granted the
19certificate of eligibility for sealing.
20    (e-6) Whenever a person who has been convicted of an
21offense is granted a certificate of eligibility for
22expungement by the Prisoner Review Board which specifically
23authorizes expungement, he or she may, upon verified petition
24to the Chief Judge of the circuit where the person had been
25convicted, any judge of the circuit designated by the Chief
26Judge, or in counties of less than 3,000,000 inhabitants, the

 

 

10200HB4392ham001- 36 -LRB102 21280 RLC 36958 a

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

 

 

10200HB4392ham001- 37 -LRB102 21280 RLC 36958 a

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

 

 

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

 

 

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

 

 

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

 

 

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1        court retains jurisdiction to determine whether the
2        order is voidable, and to vacate, modify, or
3        reconsider its terms based on a motion filed under
4        subparagraph (L) of this subsection (g).
5            (M) Compliance with Order Granting Petition to
6        Seal Records. Unless a court has entered a stay of an
7        order granting a petition to immediately seal, all
8        parties entitled to service of the order must fully
9        comply with the terms of the order within 60 days of
10        service of the order.
11    (h) Sealing; trafficking victims.
12        (1) A trafficking victim as defined by paragraph (10)
13    of subsection (a) of Section 10-9 of the Criminal Code of
14    2012 shall be eligible to petition for immediate sealing
15    of his or her criminal record upon the completion of his or
16    her last sentence if his or her participation in the
17    underlying offense was a direct result of human
18    trafficking under Section 10-9 of the Criminal Code of
19    2012 or a severe form of trafficking under the federal
20    Trafficking Victims Protection Act.
21        (2) A petitioner under this subsection (h), in
22    addition to the requirements provided under paragraph (4)
23    of subsection (d) of this Section, shall include in his or
24    her petition a clear and concise statement that: (A) he or
25    she was a victim of human trafficking at the time of the
26    offense; and (B) that his or her participation in the

 

 

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1    offense was a direct result of human trafficking under
2    Section 10-9 of the Criminal Code of 2012 or a severe form
3    of trafficking under the federal Trafficking Victims
4    Protection Act.
5        (3) If an objection is filed alleging that the
6    petitioner is not entitled to immediate sealing under this
7    subsection (h), the court shall conduct a hearing under
8    paragraph (7) of subsection (d) of this Section and the
9    court shall determine whether the petitioner is entitled
10    to immediate sealing under this subsection (h). A
11    petitioner is eligible for immediate relief under this
12    subsection (h) if he or she shows, by a preponderance of
13    the evidence, that: (A) he or she was a victim of human
14    trafficking at the time of the offense; and (B) that his or
15    her participation in the offense was a direct result of
16    human trafficking under Section 10-9 of the Criminal Code
17    of 2012 or a severe form of trafficking under the federal
18    Trafficking Victims Protection Act.
19    (i) Minor Cannabis Offenses under the Cannabis Control
20Act.
21        (1) Expungement of Arrest Records of Minor Cannabis
22    Offenses.
23            (A) The Illinois Department of State Police and
24        all law enforcement agencies within the State shall
25        automatically expunge all criminal history records of
26        an arrest, charge not initiated by arrest, order of

 

 

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1        supervision, or order of qualified probation for a
2        Minor Cannabis Offense committed prior to June 25,
3        2019 (the effective date of Public Act 101-27) if:
4                (i) One year or more has elapsed since the
5            date of the arrest or law enforcement interaction
6            documented in the records; and
7                (ii) No criminal charges were filed relating
8            to the arrest or law enforcement interaction or
9            criminal charges were filed and subsequently
10            dismissed or vacated or the arrestee was
11            acquitted.
12            (B) If the law enforcement agency is unable to
13        verify satisfaction of condition (ii) in paragraph
14        (A), records that satisfy condition (i) in paragraph
15        (A) shall be automatically expunged.
16            (C) Records shall be expunged by the law
17        enforcement agency under the following timelines:
18                (i) Records created prior to June 25, 2019
19            (the effective date of Public Act 101-27), but on
20            or after January 1, 2013, shall be automatically
21            expunged prior to January 1, 2021;
22                (ii) Records created prior to January 1, 2013,
23            but on or after January 1, 2000, shall be
24            automatically expunged prior to January 1, 2023;
25                (iii) Records created prior to January 1, 2000
26            shall be automatically expunged prior to January

 

 

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1            1, 2025.
2            In response to an inquiry for expunged records,
3        the law enforcement agency receiving such inquiry
4        shall reply as it does in response to inquiries when no
5        records ever existed; however, it shall provide a
6        certificate of disposition or confirmation that the
7        record was expunged to the individual whose record was
8        expunged if such a record exists.
9            (D) Nothing in this Section shall be construed to
10        restrict or modify an individual's right to have that
11        individual's records expunged except as otherwise may
12        be provided in this Act, or diminish or abrogate any
13        rights or remedies otherwise available to the
14        individual.
15        (2) Pardons Authorizing Expungement of Minor Cannabis
16    Offenses.
17            (A) Upon June 25, 2019 (the effective date of
18        Public Act 101-27), the Department of State Police
19        shall review all criminal history record information
20        and identify all records that meet all of the
21        following criteria:
22                (i) one or more convictions for a Minor
23            Cannabis Offense;
24                (ii) the conviction identified in paragraph
25            (2)(A)(i) did not include a penalty enhancement
26            under Section 7 of the Cannabis Control Act; and

 

 

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1                (iii) the conviction identified in paragraph
2            (2)(A)(i) is not associated with a conviction for
3            a violent crime as defined in subsection (c) of
4            Section 3 of the Rights of Crime Victims and
5            Witnesses Act.
6            (B) Within 180 days after June 25, 2019 (the
7        effective date of Public Act 101-27), the Department
8        of State Police shall notify the Prisoner Review Board
9        of all such records that meet the criteria established
10        in paragraph (2)(A).
11                (i) The Prisoner Review Board shall notify the
12            State's Attorney of the county of conviction of
13            each record identified by State Police in
14            paragraph (2)(A) that is classified as a Class 4
15            felony. The State's Attorney may provide a written
16            objection to the Prisoner Review Board on the sole
17            basis that the record identified does not meet the
18            criteria established in paragraph (2)(A). Such an
19            objection must be filed within 60 days or by such
20            later date set by the Prisoner Review Board in the
21            notice after the State's Attorney received notice
22            from the Prisoner Review Board.
23                (ii) In response to a written objection from a
24            State's Attorney, the Prisoner Review Board is
25            authorized to conduct a non-public hearing to
26            evaluate the information provided in the

 

 

10200HB4392ham001- 46 -LRB102 21280 RLC 36958 a

1            objection.
2                (iii) The Prisoner Review Board shall make a
3            confidential and privileged recommendation to the
4            Governor as to whether to grant a pardon
5            authorizing expungement for each of the records
6            identified by the Department of State Police as
7            described in paragraph (2)(A).
8            (C) If an individual has been granted a pardon
9        authorizing expungement as described in this Section,
10        the Prisoner Review Board, through the Attorney
11        General, shall file a petition for expungement with
12        the Chief Judge of the circuit or any judge of the
13        circuit designated by the Chief Judge where the
14        individual had been convicted. Such petition may
15        include more than one individual. Whenever an
16        individual who has been convicted of an offense is
17        granted a pardon by the Governor that specifically
18        authorizes expungement, an objection to the petition
19        may not be filed. Petitions to expunge under this
20        subsection (i) may include more than one individual.
21        Within 90 days of the filing of such a petition, the
22        court shall enter an order expunging the records of
23        arrest from the official records of the arresting
24        authority and order that the records of the circuit
25        court clerk and the Illinois Department of State
26        Police be expunged and the name of the defendant

 

 

10200HB4392ham001- 47 -LRB102 21280 RLC 36958 a

1        obliterated from the official index requested to be
2        kept by the circuit court clerk under Section 16 of the
3        Clerks of Courts Act in connection with the arrest and
4        conviction for the offense for which the individual
5        had received a pardon but the order shall not affect
6        any index issued by the circuit court clerk before the
7        entry of the order. Upon entry of the order of
8        expungement, the circuit court clerk shall promptly
9        provide a copy of the order and a certificate of
10        disposition to the individual who was pardoned to the
11        individual's last known address or by electronic means
12        (if available) or otherwise make it available to the
13        individual upon request.
14            (D) Nothing in this Section is intended to
15        diminish or abrogate any rights or remedies otherwise
16        available to the individual.
17        (3) Any individual may file a motion to vacate and
18    expunge a conviction for a misdemeanor or Class 4 felony
19    violation of Section 4 or Section 5 of the Cannabis
20    Control Act. Motions to vacate and expunge under this
21    subsection (i) may be filed with the circuit court, Chief
22    Judge of a judicial circuit or any judge of the circuit
23    designated by the Chief Judge. The circuit court clerk
24    shall promptly serve a copy of the motion to vacate and
25    expunge, and any supporting documentation, on the State's
26    Attorney or prosecutor charged with the duty of

 

 

10200HB4392ham001- 48 -LRB102 21280 RLC 36958 a

1    prosecuting the offense. When considering such a motion to
2    vacate and expunge, a court shall consider the following:
3    the reasons to retain the records provided by law
4    enforcement, the petitioner's age, the petitioner's age at
5    the time of offense, the time since the conviction, and
6    the specific adverse consequences if denied. An individual
7    may file such a petition after the completion of any
8    non-financial sentence or non-financial condition imposed
9    by the conviction. Within 60 days of the filing of such
10    motion, a State's Attorney may file an objection to such a
11    petition along with supporting evidence. If a motion to
12    vacate and expunge is granted, the records shall be
13    expunged in accordance with subparagraphs (d)(8) and
14    (d)(9)(A) of this Section. An agency providing civil legal
15    aid, as defined by Section 15 of the Public Interest
16    Attorney Assistance Act, assisting individuals seeking to
17    file a motion to vacate and expunge under this subsection
18    may file motions to vacate and expunge with the Chief
19    Judge of a judicial circuit or any judge of the circuit
20    designated by the Chief Judge, and the motion may include
21    more than one individual. Motions filed by an agency
22    providing civil legal aid concerning more than one
23    individual may be prepared, presented, and signed
24    electronically.
25        (4) Any State's Attorney may file a motion to vacate
26    and expunge a conviction for a misdemeanor or Class 4

 

 

10200HB4392ham001- 49 -LRB102 21280 RLC 36958 a

1    felony violation of Section 4 or Section 5 of the Cannabis
2    Control Act. Motions to vacate and expunge under this
3    subsection (i) may be filed with the circuit court, Chief
4    Judge of a judicial circuit or any judge of the circuit
5    designated by the Chief Judge, and may include more than
6    one individual. Motions filed by a State's Attorney
7    concerning more than one individual may be prepared,
8    presented, and signed electronically. When considering
9    such a motion to vacate and expunge, a court shall
10    consider the following: the reasons to retain the records
11    provided by law enforcement, the individual's age, the
12    individual's age at the time of offense, the time since
13    the conviction, and the specific adverse consequences if
14    denied. Upon entry of an order granting a motion to vacate
15    and expunge records pursuant to this Section, the State's
16    Attorney shall notify the Prisoner Review Board within 30
17    days. Upon entry of the order of expungement, the circuit
18    court clerk shall promptly provide a copy of the order and
19    a certificate of disposition to the individual whose
20    records will be expunged to the individual's last known
21    address or by electronic means (if available) or otherwise
22    make available to the individual upon request. If a motion
23    to vacate and expunge is granted, the records shall be
24    expunged in accordance with subparagraphs (d)(8) and
25    (d)(9)(A) of this Section.
26        (5) In the public interest, the State's Attorney of a

 

 

10200HB4392ham001- 50 -LRB102 21280 RLC 36958 a

1    county has standing to file motions to vacate and expunge
2    pursuant to this Section in the circuit court with
3    jurisdiction over the underlying conviction.
4        (6) If a person is arrested for a Minor Cannabis
5    Offense as defined in this Section before June 25, 2019
6    (the effective date of Public Act 101-27) and the person's
7    case is still pending but a sentence has not been imposed,
8    the person may petition the court in which the charges are
9    pending for an order to summarily dismiss those charges
10    against him or her, and expunge all official records of
11    his or her arrest, plea, trial, conviction, incarceration,
12    supervision, or expungement. If the court determines, upon
13    review, that: (A) the person was arrested before June 25,
14    2019 (the effective date of Public Act 101-27) for an
15    offense that has been made eligible for expungement; (B)
16    the case is pending at the time; and (C) the person has not
17    been sentenced of the minor cannabis violation eligible
18    for expungement under this subsection, the court shall
19    consider the following: the reasons to retain the records
20    provided by law enforcement, the petitioner's age, the
21    petitioner's age at the time of offense, the time since
22    the conviction, and the specific adverse consequences if
23    denied. If a motion to dismiss and expunge is granted, the
24    records shall be expunged in accordance with subparagraph
25    (d)(9)(A) of this Section.
26        (7) A person imprisoned solely as a result of one or

 

 

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1    more convictions for Minor Cannabis Offenses under this
2    subsection (i) shall be released from incarceration upon
3    the issuance of an order under this subsection.
4        (8) The Illinois Department of State Police shall
5    allow a person to use the access and review process,
6    established in the Illinois Department of State Police,
7    for verifying that his or her records relating to Minor
8    Cannabis Offenses of the Cannabis Control Act eligible
9    under this Section have been expunged.
10        (9) No conviction vacated pursuant to this Section
11    shall serve as the basis for damages for time unjustly
12    served as provided in the Court of Claims Act.
13        (10) Effect of Expungement. A person's right to
14    expunge an expungeable offense shall not be limited under
15    this Section. The effect of an order of expungement shall
16    be to restore the person to the status he or she occupied
17    before the arrest, charge, or conviction.
18        (11) Information. The Illinois Department of State
19    Police shall post general information on its website about
20    the expungement process described in this subsection (i).
21    (j) Felony Prostitution Convictions.
22        (1) Any individual may file a motion to vacate and
23    expunge a conviction for a prior Class 4 felony violation
24    of prostitution. Motions to vacate and expunge under this
25    subsection (j) may be filed with the circuit court, Chief
26    Judge of a judicial circuit, or any judge of the circuit

 

 

10200HB4392ham001- 52 -LRB102 21280 RLC 36958 a

1    designated by the Chief Judge. When considering the motion
2    to vacate and expunge, a court shall consider the
3    following:
4            (A) the reasons to retain the records provided by
5        law enforcement;
6            (B) the petitioner's age;
7            (C) the petitioner's age at the time of offense;
8        and
9            (D) the time since the conviction, and the
10        specific adverse consequences if denied. An individual
11        may file the petition after the completion of any
12        sentence or condition imposed by the conviction.
13        Within 60 days of the filing of the motion, a State's
14        Attorney may file an objection to the petition along
15        with supporting evidence. If a motion to vacate and
16        expunge is granted, the records shall be expunged in
17        accordance with subparagraph (d)(9)(A) of this
18        Section. An agency providing civil legal aid, as
19        defined in Section 15 of the Public Interest Attorney
20        Assistance Act, assisting individuals seeking to file
21        a motion to vacate and expunge under this subsection
22        may file motions to vacate and expunge with the Chief
23        Judge of a judicial circuit or any judge of the circuit
24        designated by the Chief Judge, and the motion may
25        include more than one individual.
26        (2) Any State's Attorney may file a motion to vacate

 

 

10200HB4392ham001- 53 -LRB102 21280 RLC 36958 a

1    and expunge a conviction for a Class 4 felony violation of
2    prostitution. Motions to vacate and expunge under this
3    subsection (j) may be filed with the circuit court, Chief
4    Judge of a judicial circuit, or any judge of the circuit
5    court designated by the Chief Judge, and may include more
6    than one individual. When considering the motion to vacate
7    and expunge, a court shall consider the following reasons:
8            (A) the reasons to retain the records provided by
9        law enforcement;
10            (B) the petitioner's age;
11            (C) the petitioner's age at the time of offense;
12            (D) the time since the conviction; and
13            (E) the specific adverse consequences if denied.
14        If the State's Attorney files a motion to vacate and
15    expunge records for felony prostitution convictions
16    pursuant to this Section, the State's Attorney shall
17    notify the Prisoner Review Board within 30 days of the
18    filing. If a motion to vacate and expunge is granted, the
19    records shall be expunged in accordance with subparagraph
20    (d)(9)(A) of this Section.
21        (3) In the public interest, the State's Attorney of a
22    county has standing to file motions to vacate and expunge
23    pursuant to this Section in the circuit court with
24    jurisdiction over the underlying conviction.
25        (4) The Illinois State Police shall allow a person to
26    a use the access and review process, established in the

 

 

10200HB4392ham001- 54 -LRB102 21280 RLC 36958 a

1    Illinois State Police, for verifying that his or her
2    records relating to felony prostitution eligible under
3    this Section have been expunged.
4        (5) No conviction vacated pursuant to this Section
5    shall serve as the basis for damages for time unjustly
6    served as provided in the Court of Claims Act.
7        (6) Effect of Expungement. A person's right to expunge
8    an expungeable offense shall not be limited under this
9    Section. The effect of an order of expungement shall be to
10    restore the person to the status he or she occupied before
11    the arrest, charge, or conviction.
12        (7) Information. The Illinois State Police shall post
13    general information on its website about the expungement
14    process described in this subsection (j).
15(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
16101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1712-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
18102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)".