Illinois General Assembly - Full Text of HB2418
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Full Text of HB2418  103rd General Assembly

HB2418ham002 103RD GENERAL ASSEMBLY

Rep. Jeff Keicher

Filed: 3/17/2023

 

 


 

 


 
10300HB2418ham002LRB103 25993 AWJ 59369 a

1
AMENDMENT TO HOUSE BILL 2418

2    AMENDMENT NO. ______. Amend House Bill 2418, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6changing Section 5.2 as follows:
 
7    (20 ILCS 2630/5.2)
8    Sec. 5.2. Expungement, sealing, and immediate sealing.
9    (a) General Provisions.
10        (1) Definitions. In this Act, words and phrases have
11    the meanings set forth in this subsection, except when a
12    particular context clearly requires a different meaning.
13            (A) The following terms shall have the meanings
14        ascribed to them in the following Sections of the
15        Unified Code of Corrections:
16                Business Offense, Section 5-1-2.

 

 

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

 

 

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

 

 

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1        (a)(1)(J)), for a criminal offense (as defined by
2        subsection (a)(1)(D)) that terminates last in time in
3        any jurisdiction, regardless of whether the petitioner
4        has included the criminal offense for which the
5        sentence or order of supervision or qualified
6        probation was imposed in his or her petition. If
7        multiple sentences, orders of supervision, or orders
8        of qualified probation terminate on the same day and
9        are last in time, they shall be collectively
10        considered the "last sentence" regardless of whether
11        they were ordered to run concurrently.
12            (G) "Minor traffic offense" means a petty offense,
13        business offense, or Class C misdemeanor under the
14        Illinois Vehicle Code or a similar provision of a
15        municipal or local ordinance.
16            (G-5) "Minor Cannabis Offense" means a violation
17        of Section 4 or 5 of the Cannabis Control Act
18        concerning not more than 30 grams of any substance
19        containing cannabis, provided the violation did not
20        include a penalty enhancement under Section 7 of the
21        Cannabis Control Act and is not associated with an
22        arrest, conviction or other disposition for a violent
23        crime as defined in subsection (c) of Section 3 of the
24        Rights of Crime Victims and Witnesses Act.
25            (H) "Municipal ordinance violation" means an
26        offense defined by a municipal or local ordinance that

 

 

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

 

 

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1        otherwise be destroyed due to age, but to make the
2        records unavailable without a court order, subject to
3        the exceptions in Sections 12 and 13 of this Act. The
4        petitioner's name shall also be obliterated from the
5        official index required to be kept by the circuit
6        court clerk under Section 16 of the Clerks of Courts
7        Act, but any index issued by the circuit court clerk
8        before the entry of the order to seal shall not be
9        affected.
10            (L) "Sexual offense committed against a minor"
11        includes, but is not limited to, the offenses of
12        indecent solicitation of a child or criminal sexual
13        abuse when the victim of such offense is under 18 years
14        of age.
15            (M) "Terminate" as it relates to a sentence or
16        order of supervision or qualified probation includes
17        either satisfactory or unsatisfactory termination of
18        the sentence, unless otherwise specified in this
19        Section. A sentence is terminated notwithstanding any
20        outstanding financial legal obligation.
21        (2) Minor Traffic Offenses. Orders of supervision or
22    convictions for minor traffic offenses shall not affect a
23    petitioner's eligibility to expunge or seal records
24    pursuant to this Section.
25        (2.5) Commencing 180 days after July 29, 2016 (the
26    effective date of Public Act 99-697), the law enforcement

 

 

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1    agency issuing the citation shall automatically expunge,
2    on or before January 1 and July 1 of each year, the law
3    enforcement records of a person found to have committed a
4    civil law violation of subsection (a) of Section 4 of the
5    Cannabis Control Act or subsection (c) of Section 3.5 of
6    the Drug Paraphernalia Control Act in the law enforcement
7    agency's possession or control and which contains the
8    final satisfactory disposition which pertain to the person
9    issued a citation for that offense. The law enforcement
10    agency shall provide by rule the process for access,
11    review, and to confirm the automatic expungement by the
12    law enforcement agency issuing the citation. Commencing
13    180 days after July 29, 2016 (the effective date of Public
14    Act 99-697), the clerk of the circuit court shall expunge,
15    upon order of the court, or in the absence of a court order
16    on or before January 1 and July 1 of each year, the court
17    records of a person found in the circuit court to have
18    committed a civil law violation of subsection (a) of
19    Section 4 of the Cannabis Control Act or subsection (c) of
20    Section 3.5 of the Drug Paraphernalia Control Act in the
21    clerk's possession or control and which contains the final
22    satisfactory disposition which pertain to the person
23    issued a citation for any of those offenses.
24        (3) Exclusions. Except as otherwise provided in
25    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
26    of this Section, the court shall not order:

 

 

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1            (A) the sealing or expungement of the records of
2        arrests or charges not initiated by arrest that result
3        in an order of supervision for or conviction of: (i)
4        any sexual offense committed against a minor; (ii)
5        Section 11-501 of the Illinois Vehicle Code or a
6        similar provision of a local ordinance; or (iii)
7        Section 11-503 of the Illinois Vehicle Code or a
8        similar provision of a local ordinance, unless the
9        arrest or charge is for a misdemeanor violation of
10        subsection (a) of Section 11-503 or a similar
11        provision of a local ordinance, that occurred prior to
12        the offender reaching the age of 25 years and the
13        offender has no other conviction for violating Section
14        11-501 or 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance.
16            (B) the sealing or expungement of records of minor
17        traffic offenses (as defined in subsection (a)(1)(G)),
18        unless the petitioner was arrested and released
19        without charging.
20            (C) the sealing of the records of arrests or
21        charges not initiated by arrest which result in an
22        order of supervision or a conviction for the following
23        offenses:
24                (i) offenses included in Article 11 of the
25            Criminal Code of 1961 or the Criminal Code of 2012
26            or a similar provision of a local ordinance,

 

 

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1            except Section 11-14 and a misdemeanor violation
2            of Section 11-30 of the Criminal Code of 1961 or
3            the Criminal Code of 2012, or a similar provision
4            of a local ordinance;
5                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
6            26-5, or 48-1 of the Criminal Code of 1961 or the
7            Criminal Code of 2012, or a similar provision of a
8            local ordinance;
9                (iii) Section Sections 12-3.1 or 12-3.2 of the
10            Criminal Code of 1961 or the Criminal Code of
11            2012, or Section 125 of the Stalking No Contact
12            Order Act, or Section 219 of the Civil No Contact
13            Order Act, or a similar provision of a local
14            ordinance;
15                (iv) Class A misdemeanors or felony offenses
16            under the Humane Care for Animals Act; or
17                (v) any offense or attempted offense that
18            would subject a person to registration under the
19            Sex Offender Registration Act.
20            (D) (blank).
21    (b) Expungement.
22        (1) A petitioner may petition the circuit court to
23    expunge the records of his or her arrests and charges not
24    initiated by arrest when each arrest or charge not
25    initiated by arrest sought to be expunged resulted in: (i)
26    acquittal, dismissal, or the petitioner's release without

 

 

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1    charging, unless excluded by subsection (a)(3)(B); (ii) a
2    conviction which was vacated or reversed, unless excluded
3    by subsection (a)(3)(B); (iii) an order of supervision and
4    such supervision was successfully completed by the
5    petitioner, unless excluded by subsection (a)(3)(A) or
6    (a)(3)(B); or (iv) an order of qualified probation (as
7    defined in subsection (a)(1)(J)) and such probation was
8    successfully completed by the petitioner.
9        (1.5) When a petitioner seeks to have a record of
10    arrest expunged under this Section, and the offender has
11    been convicted of a criminal offense, the State's Attorney
12    may object to the expungement on the grounds that the
13    records contain specific relevant information aside from
14    the mere fact of the arrest.
15        (2) Time frame for filing a petition to expunge.
16            (A) When the arrest or charge not initiated by
17        arrest sought to be expunged resulted in an acquittal,
18        dismissal, the petitioner's release without charging,
19        or the reversal or vacation of a conviction, there is
20        no waiting period to petition for the expungement of
21        such records.
22            (B) When the arrest or charge not initiated by
23        arrest sought to be expunged resulted in an order of
24        supervision, successfully completed by the petitioner,
25        the following time frames will apply:
26                (i) Those arrests or charges that resulted in

 

 

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1            orders of supervision under Section 3-707, 3-708,
2            3-710, or 5-401.3 of the Illinois Vehicle Code or
3            a similar provision of a local ordinance, or under
4            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
5            Code of 1961 or the Criminal Code of 2012, or a
6            similar provision of a local ordinance, shall not
7            be eligible for expungement until 5 years have
8            passed following the satisfactory termination of
9            the supervision.
10                (i-5) Those arrests or charges that resulted
11            in orders of supervision for a misdemeanor
12            violation of subsection (a) of Section 11-503 of
13            the Illinois Vehicle Code or a similar provision
14            of a local ordinance, that occurred prior to the
15            offender reaching the age of 25 years and the
16            offender has no other conviction for violating
17            Section 11-501 or 11-503 of the Illinois Vehicle
18            Code or a similar provision of a local ordinance
19            shall not be eligible for expungement until the
20            petitioner has reached the age of 25 years.
21                (ii) Those arrests or charges that resulted in
22            orders of supervision for any other offenses shall
23            not be eligible for expungement until 2 years have
24            passed following the satisfactory termination of
25            the supervision.
26            (C) When the arrest or charge not initiated by

 

 

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1        arrest sought to be expunged resulted in an order of
2        qualified probation, successfully completed by the
3        petitioner, such records shall not be eligible for
4        expungement until 5 years have passed following the
5        satisfactory termination of the probation.
6        (3) Those records maintained by the Illinois State
7    Police for persons arrested prior to their 17th birthday
8    shall be expunged as provided in Section 5-915 of the
9    Juvenile Court Act of 1987.
10        (4) Whenever a person has been arrested for or
11    convicted of any offense, in the name of a person whose
12    identity he or she has stolen or otherwise come into
13    possession of, the aggrieved person from whom the identity
14    was stolen or otherwise obtained without authorization,
15    upon learning of the person having been arrested using his
16    or her identity, may, upon verified petition to the chief
17    judge of the circuit wherein the arrest was made, have a
18    court order entered nunc pro tunc by the Chief Judge to
19    correct the arrest record, conviction record, if any, and
20    all official records of the arresting authority, the
21    Illinois State Police, other criminal justice agencies,
22    the prosecutor, and the trial court concerning such
23    arrest, if any, by removing his or her name from all such
24    records in connection with the arrest and conviction, if
25    any, and by inserting in the records the name of the
26    offender, if known or ascertainable, in lieu of the

 

 

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

 

 

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

 

 

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1    Procedure, the court that grants the certificate of
2    innocence shall also enter an order expunging the
3    conviction for which the petitioner has been determined to
4    be innocent as provided in subsection (h) of Section 2-702
5    of the Code of Civil Procedure.
6    (c) Sealing.
7        (1) Applicability. Notwithstanding any other provision
8    of this Act to the contrary, and cumulative with any
9    rights to expungement of criminal records, this subsection
10    authorizes the sealing of criminal records of adults and
11    of minors prosecuted as adults. Subsection (g) of this
12    Section provides for immediate sealing of certain records.
13        (2) Eligible Records. The following records may be
14    sealed:
15            (A) All arrests resulting in release without
16        charging;
17            (B) Arrests or charges not initiated by arrest
18        resulting in acquittal, dismissal, or conviction when
19        the conviction was reversed or vacated, except as
20        excluded by subsection (a)(3)(B);
21            (C) Arrests or charges not initiated by arrest
22        resulting in orders of supervision, including orders
23        of supervision for municipal ordinance violations,
24        successfully completed by the petitioner, unless
25        excluded by subsection (a)(3);
26            (D) Arrests or charges not initiated by arrest

 

 

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

 

 

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

 

 

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

 

 

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1    charges were brought, or both. If arrests occurred or
2    charges were brought in multiple jurisdictions, a petition
3    must be filed in each such jurisdiction. The petitioner
4    shall pay the applicable fee, except no fee shall be
5    required if the petitioner has obtained a court order
6    waiving fees under Supreme Court Rule 298 or it is
7    otherwise waived.
8        (1.5) County fee waiver pilot program. From August 9,
9    2019 (the effective date of Public Act 101-306) through
10    December 31, 2020, in a county of 3,000,000 or more
11    inhabitants, no fee shall be required to be paid by a
12    petitioner if the records sought to be expunged or sealed
13    were arrests resulting in release without charging or
14    arrests or charges not initiated by arrest resulting in
15    acquittal, dismissal, or conviction when the conviction
16    was reversed or vacated, unless excluded by subsection
17    (a)(3)(B). The provisions of this paragraph (1.5), other
18    than this sentence, are inoperative on and after January
19    1, 2022.
20        (2) Contents of petition. The petition shall be
21    verified and shall contain the petitioner's name, date of
22    birth, current address and, for each arrest or charge not
23    initiated by arrest sought to be sealed or expunged, the
24    case number, the date of arrest (if any), the identity of
25    the arresting authority, and such other information as the
26    court may require. During the pendency of the proceeding,

 

 

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

 

 

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

 

 

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1        to expunge or seal within 60 days from the date of
2        service of the petition, the court shall enter an
3        order granting or denying the petition.
4            (C) Notwithstanding any other provision of law,
5        the court shall not deny a petition for sealing under
6        this Section because the petitioner has not satisfied
7        an outstanding legal financial obligation established,
8        imposed, or originated by a court, law enforcement
9        agency, or a municipal, State, county, or other unit
10        of local government, including, but not limited to,
11        any cost, assessment, fine, or fee. An outstanding
12        legal financial obligation does not include any court
13        ordered restitution to a victim under Section 5-5-6 of
14        the Unified Code of Corrections, unless the
15        restitution has been converted to a civil judgment.
16        Nothing in this subparagraph (C) waives, rescinds, or
17        abrogates a legal financial obligation or otherwise
18        eliminates or affects the right of the holder of any
19        financial obligation to pursue collection under
20        applicable federal, State, or local law.
21            (D) Notwithstanding any other provision of law,
22        the court shall not deny a petition to expunge or seal
23        under this Section because the petitioner has
24        submitted a drug test taken within 30 days before the
25        filing of the petition to expunge or seal that
26        indicates a positive test for the presence of cannabis

 

 

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

 

 

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1        denied.
2        (8) Service of order. After entering an order to
3    expunge or seal records, the court must provide copies of
4    the order to the Illinois State Police, in a form and
5    manner prescribed by the Illinois State Police, to the
6    petitioner, to the State's Attorney or prosecutor charged
7    with the duty of prosecuting the offense, to the arresting
8    agency, to the chief legal officer of the unit of local
9    government effecting the arrest, and to such other
10    criminal justice agencies as may be ordered by the court.
11        (9) Implementation of order.
12            (A) Upon entry of an order to expunge records
13        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
14        both:
15                (i) the records shall be expunged (as defined
16            in subsection (a)(1)(E)) by the arresting agency,
17            the Illinois State Police, and any other agency as
18            ordered by the court, within 60 days of the date of
19            service of the order, unless a motion to vacate,
20            modify, or reconsider the order is filed pursuant
21            to paragraph (12) of subsection (d) of this
22            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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        proceedings for which those records have been sealed.
2        (10) Fees. The Illinois State Police may charge the
3    petitioner a fee equivalent to the cost of processing any
4    order to expunge or seal records. Notwithstanding any
5    provision of the Clerks of Courts Act to the contrary, the
6    circuit court clerk may charge a fee equivalent to the
7    cost associated with the sealing or expungement of records
8    by the circuit court clerk. From the total filing fee
9    collected for the petition to seal or expunge, the circuit
10    court clerk shall deposit $10 into the Circuit Court Clerk
11    Operation and Administrative Fund, to be used to offset
12    the costs incurred by the circuit court clerk in
13    performing the additional duties required to serve the
14    petition to seal or expunge on all parties. The circuit
15    court clerk shall collect and remit the Illinois State
16    Police portion of the fee to the State Treasurer and it
17    shall be deposited in the State Police Services Fund. If
18    the record brought under an expungement petition was
19    previously sealed under this Section, the fee for the
20    expungement petition for that same record shall be waived.
21        (11) Final Order. No court order issued under the
22    expungement or sealing provisions of this Section shall
23    become final for purposes of appeal until 30 days after
24    service of the order on the petitioner and all parties
25    entitled to notice of the petition.
26        (12) Motion to Vacate, Modify, or Reconsider. Under

 

 

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1    Section 2-1203 of the Code of Civil Procedure, the
2    petitioner or any party entitled to notice may file a
3    motion to vacate, modify, or reconsider the order granting
4    or denying the petition to expunge or seal within 60 days
5    of service of the order. If filed more than 60 days after
6    service of the order, a petition to vacate, modify, or
7    reconsider shall comply with subsection (c) of Section
8    2-1401 of the Code of Civil Procedure. Upon filing of a
9    motion to vacate, modify, or reconsider, notice of the
10    motion shall be served upon the petitioner and all parties
11    entitled to notice of the petition.
12        (13) Effect of Order. An order granting a petition
13    under the expungement or sealing provisions of this
14    Section shall not be considered void because it fails to
15    comply with the provisions of this Section or because of
16    any error asserted in a motion to vacate, modify, or
17    reconsider. The circuit court retains jurisdiction to
18    determine whether the order is voidable and to vacate,
19    modify, or reconsider its terms based on a motion filed
20    under paragraph (12) of this subsection (d).
21        (14) Compliance with Order Granting Petition to Seal
22    Records. Unless a court has entered a stay of an order
23    granting a petition to seal, all parties entitled to
24    notice of the petition must fully comply with the terms of
25    the order within 60 days of service of the order even if a
26    party is seeking relief from the order through a motion

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    petition is filed with the circuit court clerk on the same
2    day and during the same hearing in which the case is
3    disposed.
4        (3) When Records are Eligible to be Immediately
5    Sealed. Eligible records under paragraph (2) of this
6    subsection (g) may be sealed immediately after entry of
7    the final disposition of a case, notwithstanding the
8    disposition of other charges in the same case.
9        (4) Notice of Eligibility for Immediate Sealing. Upon
10    entry of a disposition for an eligible record under this
11    subsection (g), the defendant shall be informed by the
12    court of his or her right to have eligible records
13    immediately sealed and the procedure for the immediate
14    sealing of these records.
15        (5) Procedure. The following procedures apply to
16    immediate sealing under this subsection (g).
17            (A) Filing the Petition. Upon entry of the final
18        disposition of the case, the defendant's attorney may
19        immediately petition the court, on behalf of the
20        defendant, for immediate sealing of eligible records
21        under paragraph (2) of this subsection (g) that are
22        entered on or after January 1, 2018 (the effective
23        date of Public Act 100-282). The immediate sealing
24        petition may be filed with the circuit court clerk
25        during the hearing in which the final disposition of
26        the case is entered. If the defendant's attorney does

 

 

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

 

 

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

 

 

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1        void because it fails to comply with the provisions of
2        this Section or because of an error asserted in a
3        motion to vacate, modify, or reconsider. The circuit
4        court retains jurisdiction to determine whether the
5        order is voidable, and to vacate, modify, or
6        reconsider its terms based on a motion filed under
7        subparagraph (L) of this subsection (g).
8            (M) Compliance with Order Granting Petition to
9        Seal Records. Unless a court has entered a stay of an
10        order granting a petition to immediately seal, all
11        parties entitled to service of the order must fully
12        comply with the terms of the order within 60 days of
13        service of the order.
14    (h) Sealing or vacation and expungement of trafficking
15victims' crimes ; trafficking victims.
16        (1) A trafficking victim, as defined by paragraph (10)
17    of subsection (a) of Section 10-9 of the Criminal Code of
18    2012, may shall be eligible to petition for vacation and
19    expungement or immediate sealing of his or her criminal
20    record upon the completion of his or her last sentence if
21    his or her participation in the underlying offense was a
22    direct result of human trafficking under Section 10-9 of
23    the Criminal Code of 2012 or a severe form of trafficking
24    under the federal Trafficking Victims Protection Act.
25        (1.5) A petition under paragraph (1) may be prepared,
26    signed, and filed electronically. The court may allow the

 

 

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1    petitioner to attend any required hearing remotely by
2    audiovisual conference if the petition affirms that
3    attendance in court would be an undue hardship or could
4    create a risk of harm to the petitioner. The court may
5    allow a petition to be filed under seal if the public
6    filing of the petition would constitute a risk of harm to
7    the petitioner.
8        (2) A petitioner under this subsection (h), in
9    addition to the requirements provided under paragraph (4)
10    of subsection (d) of this Section, shall include in his or
11    her petition a clear and concise statement that: (A) he or
12    she was a victim of human trafficking at the time of the
13    offense; and (B) that his or her participation in the
14    offense was a direct result of human trafficking under
15    Section 10-9 of the Criminal Code of 2012 or a severe form
16    of trafficking under the federal Trafficking Victims
17    Protection Act.
18        (3) If an objection is filed alleging that the
19    petitioner is not entitled to vacation and expungement or
20    immediate sealing under this subsection (h), the court
21    shall conduct a hearing under paragraph (7) of subsection
22    (d) of this Section and the court shall determine whether
23    the petitioner is entitled to vacation and expungement or
24    immediate sealing under this subsection (h). A petitioner
25    is eligible for vacation and expungement or immediate
26    relief under this subsection (h) if he or she shows, by a

 

 

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1    preponderance of the evidence, that: (A) he or she was a
2    victim of human trafficking at the time of the offense;
3    and (B) that his or her participation in the offense was a
4    direct result of human trafficking under Section 10-9 of
5    the Criminal Code of 2012 or a severe form of trafficking
6    under the federal Trafficking Victims Protection Act.
7    (i) Minor Cannabis Offenses under the Cannabis Control
8Act.
9        (1) Expungement of Arrest Records of Minor Cannabis
10    Offenses.
11            (A) The Illinois State Police and all law
12        enforcement agencies within the State shall
13        automatically expunge all criminal history records of
14        an arrest, charge not initiated by arrest, order of
15        supervision, or order of qualified probation for a
16        Minor Cannabis Offense committed prior to June 25,
17        2019 (the effective date of Public Act 101-27) if:
18                (i) One year or more has elapsed since the
19            date of the arrest or law enforcement interaction
20            documented in the records; and
21                (ii) No criminal charges were filed relating
22            to the arrest or law enforcement interaction or
23            criminal charges were filed and subsequently
24            dismissed or vacated or the arrestee was
25            acquitted.
26            (B) If the law enforcement agency is unable to

 

 

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1        verify satisfaction of condition (ii) in paragraph
2        (A), records that satisfy condition (i) in paragraph
3        (A) shall be automatically expunged.
4            (C) Records shall be expunged by the law
5        enforcement agency under the following timelines:
6                (i) Records created prior to June 25, 2019
7            (the effective date of Public Act 101-27), but on
8            or after January 1, 2013, shall be automatically
9            expunged prior to January 1, 2021;
10                (ii) Records created prior to January 1, 2013,
11            but on or after January 1, 2000, shall be
12            automatically expunged prior to January 1, 2023;
13                (iii) Records created prior to January 1, 2000
14            shall be automatically expunged prior to January
15            1, 2025.
16            In response to an inquiry for expunged records,
17        the law enforcement agency receiving such inquiry
18        shall reply as it does in response to inquiries when no
19        records ever existed; however, it shall provide a
20        certificate of disposition or confirmation that the
21        record was expunged to the individual whose record was
22        expunged if such a record exists.
23            (D) Nothing in this Section shall be construed to
24        restrict or modify an individual's right to have that
25        individual's records expunged except as otherwise may
26        be provided in this Act, or diminish or abrogate any

 

 

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1        rights or remedies otherwise available to the
2        individual.
3        (2) Pardons Authorizing Expungement of Minor Cannabis
4    Offenses.
5            (A) Upon June 25, 2019 (the effective date of
6        Public Act 101-27), the Department of State Police
7        shall review all criminal history record information
8        and identify all records that meet all of the
9        following criteria:
10                (i) one or more convictions for a Minor
11            Cannabis Offense;
12                (ii) the conviction identified in paragraph
13            (2)(A)(i) did not include a penalty enhancement
14            under Section 7 of the Cannabis Control Act; and
15                (iii) the conviction identified in paragraph
16            (2)(A)(i) is not associated with a conviction for
17            a violent crime as defined in subsection (c) of
18            Section 3 of the Rights of Crime Victims and
19            Witnesses Act.
20            (B) Within 180 days after June 25, 2019 (the
21        effective date of Public Act 101-27), the Department
22        of State Police shall notify the Prisoner Review Board
23        of all such records that meet the criteria established
24        in paragraph (2)(A).
25                (i) The Prisoner Review Board shall notify the
26            State's Attorney of the county of conviction of

 

 

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1            each record identified by State Police in
2            paragraph (2)(A) that is classified as a Class 4
3            felony. The State's Attorney may provide a written
4            objection to the Prisoner Review Board on the sole
5            basis that the record identified does not meet the
6            criteria established in paragraph (2)(A). Such an
7            objection must be filed within 60 days or by such
8            later date set by the Prisoner Review Board in the
9            notice after the State's Attorney received notice
10            from the Prisoner Review Board.
11                (ii) In response to a written objection from a
12            State's Attorney, the Prisoner Review Board is
13            authorized to conduct a non-public hearing to
14            evaluate the information provided in the
15            objection.
16                (iii) The Prisoner Review Board shall make a
17            confidential and privileged recommendation to the
18            Governor as to whether to grant a pardon
19            authorizing expungement for each of the records
20            identified by the Department of State Police as
21            described in paragraph (2)(A).
22            (C) If an individual has been granted a pardon
23        authorizing expungement as described in this Section,
24        the Prisoner Review Board, through the Attorney
25        General, shall file a petition for expungement with
26        the Chief Judge of the circuit or any judge of the

 

 

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1        circuit designated by the Chief Judge where the
2        individual had been convicted. Such petition may
3        include more than one individual. Whenever an
4        individual who has been convicted of an offense is
5        granted a pardon by the Governor that specifically
6        authorizes expungement, an objection to the petition
7        may not be filed. Petitions to expunge under this
8        subsection (i) may include more than one individual.
9        Within 90 days of the filing of such a petition, the
10        court shall enter an order expunging the records of
11        arrest from the official records of the arresting
12        authority and order that the records of the circuit
13        court clerk and the Illinois State Police be expunged
14        and the name of the defendant obliterated from the
15        official index requested to be kept by the circuit
16        court clerk under Section 16 of the Clerks of Courts
17        Act in connection with the arrest and conviction for
18        the offense for which the individual had received a
19        pardon but the order shall not affect any index issued
20        by the circuit court clerk before the entry of the
21        order. Upon entry of the order of expungement, the
22        circuit court clerk shall promptly provide a copy of
23        the order and a certificate of disposition to the
24        individual who was pardoned to the individual's last
25        known address or by electronic means (if available) or
26        otherwise make it available to the individual upon

 

 

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1        request.
2            (D) Nothing in this Section is intended to
3        diminish or abrogate any rights or remedies otherwise
4        available to the individual.
5        (3) Any individual may file a motion to vacate and
6    expunge a conviction for a misdemeanor or Class 4 felony
7    violation of Section 4 or Section 5 of the Cannabis
8    Control Act. Motions to vacate and expunge under this
9    subsection (i) may be filed with the circuit court, Chief
10    Judge of a judicial circuit or any judge of the circuit
11    designated by the Chief Judge. The circuit court clerk
12    shall promptly serve a copy of the motion to vacate and
13    expunge, and any supporting documentation, on the State's
14    Attorney or prosecutor charged with the duty of
15    prosecuting the offense. When considering such a motion to
16    vacate and expunge, a court shall consider the following:
17    the reasons to retain the records provided by law
18    enforcement, the petitioner's age, the petitioner's age at
19    the time of offense, the time since the conviction, and
20    the specific adverse consequences if denied. An individual
21    may file such a petition after the completion of any
22    non-financial sentence or non-financial condition imposed
23    by the conviction. Within 60 days of the filing of such
24    motion, a State's Attorney may file an objection to such a
25    petition along with supporting evidence. If a motion to
26    vacate and expunge is granted, the records shall be

 

 

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1    expunged in accordance with subparagraphs (d)(8) and
2    (d)(9)(A) of this Section. An agency providing civil legal
3    aid, as defined by Section 15 of the Public Interest
4    Attorney Assistance Act, assisting individuals seeking to
5    file a motion to vacate and expunge under this subsection
6    may file motions to vacate and expunge with the Chief
7    Judge of a judicial circuit or any judge of the circuit
8    designated by the Chief Judge, and the motion may include
9    more than one individual. Motions filed by an agency
10    providing civil legal aid concerning more than one
11    individual may be prepared, presented, and signed
12    electronically.
13        (4) Any State's Attorney may file a motion to vacate
14    and expunge a conviction for a misdemeanor or Class 4
15    felony violation of Section 4 or Section 5 of the Cannabis
16    Control Act. Motions to vacate and expunge under this
17    subsection (i) may be filed with the circuit court, Chief
18    Judge of a judicial circuit or any judge of the circuit
19    designated by the Chief Judge, and may include more than
20    one individual. Motions filed by a State's Attorney
21    concerning more than one individual may be prepared,
22    presented, and signed electronically. When considering
23    such a motion to vacate and expunge, a court shall
24    consider the following: the reasons to retain the records
25    provided by law enforcement, the individual's age, the
26    individual's age at the time of offense, the time since

 

 

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1    the conviction, and the specific adverse consequences if
2    denied. Upon entry of an order granting a motion to vacate
3    and expunge records pursuant to this Section, the State's
4    Attorney shall notify the Prisoner Review Board within 30
5    days. Upon entry of the order of expungement, the circuit
6    court clerk shall promptly provide a copy of the order and
7    a certificate of disposition to the individual whose
8    records will be expunged to the individual's last known
9    address or by electronic means (if available) or otherwise
10    make available to the individual upon request. If a motion
11    to vacate and expunge is granted, the records shall be
12    expunged in accordance with subparagraphs (d)(8) and
13    (d)(9)(A) of this Section.
14        (5) In the public interest, the State's Attorney of a
15    county has standing to file motions to vacate and expunge
16    pursuant to this Section in the circuit court with
17    jurisdiction over the underlying conviction.
18        (6) If a person is arrested for a Minor Cannabis
19    Offense as defined in this Section before June 25, 2019
20    (the effective date of Public Act 101-27) and the person's
21    case is still pending but a sentence has not been imposed,
22    the person may petition the court in which the charges are
23    pending for an order to summarily dismiss those charges
24    against him or her, and expunge all official records of
25    his or her arrest, plea, trial, conviction, incarceration,
26    supervision, or expungement. If the court determines, upon

 

 

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1    review, that: (A) the person was arrested before June 25,
2    2019 (the effective date of Public Act 101-27) for an
3    offense that has been made eligible for expungement; (B)
4    the case is pending at the time; and (C) the person has not
5    been sentenced of the minor cannabis violation eligible
6    for expungement under this subsection, the court shall
7    consider the following: the reasons to retain the records
8    provided by law enforcement, the petitioner's age, the
9    petitioner's age at the time of offense, the time since
10    the conviction, and the specific adverse consequences if
11    denied. If a motion to dismiss and expunge is granted, the
12    records shall be expunged in accordance with subparagraph
13    (d)(9)(A) of this Section.
14        (7) A person imprisoned solely as a result of one or
15    more convictions for Minor Cannabis Offenses under this
16    subsection (i) shall be released from incarceration upon
17    the issuance of an order under this subsection.
18        (8) The Illinois State Police shall allow a person to
19    use the access and review process, established in the
20    Illinois State Police, for verifying that his or her
21    records relating to Minor Cannabis Offenses of the
22    Cannabis Control Act eligible under this Section have been
23    expunged.
24        (9) No conviction vacated pursuant to this Section
25    shall serve as the basis for damages for time unjustly
26    served as provided in the Court of Claims Act.

 

 

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1        (10) Effect of Expungement. A person's right to
2    expunge an expungeable offense shall not be limited under
3    this Section. The effect of an order of expungement shall
4    be to restore the person to the status he or she occupied
5    before the arrest, charge, or conviction.
6        (11) Information. The Illinois State Police shall post
7    general information on its website about the expungement
8    process described in this subsection (i).
9    (j) Felony Prostitution Convictions.
10        (1) Any individual may file a motion to vacate and
11    expunge a conviction for a prior Class 4 felony violation
12    of prostitution. Motions to vacate and expunge under this
13    subsection (j) may be filed with the circuit court, Chief
14    Judge of a judicial circuit, or any judge of the circuit
15    designated by the Chief Judge. When considering the motion
16    to vacate and expunge, a court shall consider the
17    following:
18            (A) the reasons to retain the records provided by
19        law enforcement;
20            (B) the petitioner's age;
21            (C) the petitioner's age at the time of offense;
22        and
23            (D) the time since the conviction, and the
24        specific adverse consequences if denied. An individual
25        may file the petition after the completion of any
26        sentence or condition imposed by the conviction.

 

 

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

 

 

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1            (E) the specific adverse consequences if denied.
2        If the State's Attorney files a motion to vacate and
3    expunge records for felony prostitution convictions
4    pursuant to this Section, the State's Attorney shall
5    notify the Prisoner Review Board within 30 days of the
6    filing. If a motion to vacate and expunge is granted, the
7    records shall be expunged in accordance with subparagraph
8    (d)(9)(A) of this Section.
9        (3) In the public interest, the State's Attorney of a
10    county has standing to file motions to vacate and expunge
11    pursuant to this Section in the circuit court with
12    jurisdiction over the underlying conviction.
13        (4) The Illinois State Police shall allow a person to
14    a use the access and review process, established in the
15    Illinois State Police, for verifying that his or her
16    records relating to felony prostitution eligible under
17    this Section have been expunged.
18        (5) No conviction vacated pursuant to this Section
19    shall serve as the basis for damages for time unjustly
20    served as provided in the Court of Claims Act.
21        (6) Effect of Expungement. A person's right to expunge
22    an expungeable offense shall not be limited under this
23    Section. The effect of an order of expungement shall be to
24    restore the person to the status he or she occupied before
25    the arrest, charge, or conviction.
26        (7) Information. The Illinois State Police shall post

 

 

10300HB2418ham002- 54 -LRB103 25993 AWJ 59369 a

1    general information on its website about the expungement
2    process described in this subsection (j).
3(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
4101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
512-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
6102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
75-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)".