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90_HB2212
20 ILCS 2605/55a from Ch. 127, par. 55a
20 ILCS 2630/5 from Ch. 38, par. 206-5
Amends the Civil Administrative Code of Illinois.
Provides that in exercising their duties in relation to the
Law Enforcement Agencies Data System (LEADS), the Department
of State Police shall ensure that no information concerning
the arrest of an individual shall be included in LEADS if
that individual is acquitted or released without being
convicted. Amends the Criminal Identification Act. Deletes
provision requiring that, in order for an adult or minor
charged with a violation of a municipal ordinance or a felony
or misdemeanor and acquitted or released without being
convicted to have his or her record expunged, the person
shall not have been previously convicted of any criminal
offense or municipal ordinance violation.
LRB9004900KDks
LRB9004900KDks
1 AN ACT concerning arrest histories, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 55a as follows:
6 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
7 Sec. 55a. (A) The Department of State Police shall have
8 the following powers and duties, and those set forth in
9 Sections 55a-1 through 55c:
10 1. To exercise the rights, powers and duties which have
11 been vested in the Department of Public Safety by the State
12 Police Act.
13 2. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the State
15 Police Radio Act.
16 3. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the
18 Criminal Identification Act.
19 4. To (a) investigate the origins, activities, personnel
20 and incidents of crime and the ways and means to redress the
21 victims of crimes, and study the impact, if any, of
22 legislation relative to the effusion of crime and growing
23 crime rates, and enforce the criminal laws of this State
24 related thereto, (b) enforce all laws regulating the
25 production, sale, prescribing, manufacturing, administering,
26 transporting, having in possession, dispensing, delivering,
27 distributing, or use of controlled substances and cannabis,
28 (c) employ skilled experts, scientists, technicians,
29 investigators or otherwise specially qualified persons to aid
30 in preventing or detecting crime, apprehending criminals, or
31 preparing and presenting evidence of violations of the
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1 criminal laws of the State, (d) cooperate with the police of
2 cities, villages and incorporated towns, and with the police
3 officers of any county, in enforcing the laws of the State
4 and in making arrests and recovering property, (e) apprehend
5 and deliver up any person charged in this State or any other
6 State of the United States with treason, felony, or other
7 crime, who has fled from justice and is found in this State,
8 and (f) conduct such other investigations as may be provided
9 by law. Persons exercising these powers within the Department
10 are conservators of the peace and as such have all the powers
11 possessed by policemen in cities and sheriffs, except that
12 they may exercise such powers anywhere in the State in
13 cooperation with and after contact with the local law
14 enforcement officials. Such persons may use false or
15 fictitious names in the performance of their duties under
16 this paragraph, upon approval of the Director, and shall not
17 be subject to prosecution under the criminal laws for such
18 use.
19 5. To: (a) be a central repository and custodian of
20 criminal statistics for the State, (b) be a central
21 repository for criminal history record information, (c)
22 procure and file for record such information as is necessary
23 and helpful to plan programs of crime prevention, law
24 enforcement and criminal justice, (d) procure and file for
25 record such copies of fingerprints, as may be required by
26 law, (e) establish general and field crime laboratories, (f)
27 register and file for record such information as may be
28 required by law for the issuance of firearm owner's
29 identification cards, (g) employ polygraph operators,
30 laboratory technicians and other specially qualified persons
31 to aid in the identification of criminal activity, and (h)
32 undertake such other identification, information, laboratory,
33 statistical or registration activities as may be required by
34 law.
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1 6. To (a) acquire and operate one or more radio
2 broadcasting stations in the State to be used for police
3 purposes, (b) operate a statewide communications network to
4 gather and disseminate information for law enforcement
5 agencies, (c) operate an electronic data processing and
6 computer center for the storage and retrieval of data
7 pertaining to criminal activity, and (d) undertake such other
8 communication activities as may be required by law.
9 7. To provide, as may be required by law, assistance to
10 local law enforcement agencies through (a) training,
11 management and consultant services for local law enforcement
12 agencies, and (b) the pursuit of research and the publication
13 of studies pertaining to local law enforcement activities.
14 8. To exercise the rights, powers and duties which have
15 been vested in the Department of State Police and the
16 Director of the Department of State Police by the Narcotic
17 Control Division Abolition Act.
18 9. To exercise the rights, powers and duties which have
19 been vested in the Department of Public Safety by the
20 Illinois Vehicle Code.
21 10. To exercise the rights, powers and duties which have
22 been vested in the Department of Public Safety by the Firearm
23 Owners Identification Card Act.
24 11. To enforce and administer such other laws in
25 relation to law enforcement as may be vested in the
26 Department.
27 12. To transfer jurisdiction of any realty title to
28 which is held by the State of Illinois under the control of
29 the Department to any other department of the State
30 government or to the State Employees Housing Commission, or
31 to acquire or accept Federal land, when such transfer,
32 acquisition or acceptance is advantageous to the State and is
33 approved in writing by the Governor.
34 13. With the written approval of the Governor, to enter
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1 into agreements with other departments created by this Act,
2 for the furlough of inmates of the penitentiary to such other
3 departments for their use in research programs being
4 conducted by them.
5 For the purpose of participating in such research
6 projects, the Department may extend the limits of any
7 inmate's place of confinement, when there is reasonable cause
8 to believe that the inmate will honor his or her trust by
9 authorizing the inmate, under prescribed conditions, to leave
10 the confines of the place unaccompanied by a custodial agent
11 of the Department. The Department shall make rules governing
12 the transfer of the inmate to the requesting other department
13 having the approved research project, and the return of such
14 inmate to the unextended confines of the penitentiary. Such
15 transfer shall be made only with the consent of the inmate.
16 The willful failure of a prisoner to remain within the
17 extended limits of his or her confinement or to return within
18 the time or manner prescribed to the place of confinement
19 designated by the Department in granting such extension shall
20 be deemed an escape from custody of the Department and
21 punishable as provided in Section 3-6-4 of the Unified Code
22 of Corrections.
23 14. To provide investigative services, with all of the
24 powers possessed by policemen in cities and sheriffs, in and
25 around all race tracks subject to the Horse Racing Act of
26 1975.
27 15. To expend such sums as the Director deems necessary
28 from Contractual Services appropriations for the Division of
29 Criminal Investigation for the purchase of evidence and for
30 the employment of persons to obtain evidence. Such sums shall
31 be advanced to agents authorized by the Director to expend
32 funds, on vouchers signed by the Director.
33 16. To assist victims and witnesses in gang crime
34 prosecutions through the administration of funds appropriated
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1 from the Gang Violence Victims and Witnesses Fund to the
2 Department. Such funds shall be appropriated to the
3 Department and shall only be used to assist victims and
4 witnesses in gang crime prosecutions and such assistance may
5 include any of the following:
6 (a) temporary living costs;
7 (b) moving expenses;
8 (c) closing costs on the sale of private residence;
9 (d) first month's rent;
10 (e) security deposits;
11 (f) apartment location assistance;
12 (g) other expenses which the Department considers
13 appropriate; and
14 (h) compensation for any loss of or injury to real
15 or personal property resulting from a gang crime to a
16 maximum of $5,000, subject to the following provisions:
17 (1) in the case of loss of property, the
18 amount of compensation shall be measured by the
19 replacement cost of similar or like property which
20 has been incurred by and which is substantiated by
21 the property owner,
22 (2) in the case of injury to property, the
23 amount of compensation shall be measured by the cost
24 of repair incurred and which can be substantiated by
25 the property owner,
26 (3) compensation under this provision is a
27 secondary source of compensation and shall be
28 reduced by any amount the property owner receives
29 from any other source as compensation for the loss
30 or injury, including, but not limited to, personal
31 insurance coverage,
32 (4) no compensation may be awarded if the
33 property owner was an offender or an accomplice of
34 the offender, or if the award would unjustly benefit
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1 the offender or offenders, or an accomplice of the
2 offender or offenders.
3 No victim or witness may receive such assistance if he or
4 she is not a part of or fails to fully cooperate in the
5 prosecution of gang crime members by law enforcement
6 authorities.
7 The Department shall promulgate any rules necessary for
8 the implementation of this amendatory Act of 1985.
9 17. To conduct arson investigations.
10 18. To develop a separate statewide statistical police
11 contact record keeping system for the study of juvenile
12 delinquency. The records of this police contact system shall
13 be limited to statistical information. No individually
14 identifiable information shall be maintained in the police
15 contact statistical record system.
16 19. To develop a separate statewide central adjudicatory
17 and dispositional records system for persons under 19 years
18 of age who have been adjudicated delinquent minors and to
19 make information available to local registered participating
20 police youth officers so that police youth officers will be
21 able to obtain rapid access to the juvenile's background from
22 other jurisdictions to the end that the police youth officers
23 can make appropriate dispositions which will best serve the
24 interest of the child and the community. Information
25 maintained in the adjudicatory and dispositional record
26 system shall be limited to the incidents or offenses for
27 which the minor was adjudicated delinquent by a court, and a
28 copy of the court's dispositional order. All individually
29 identifiable records in the adjudicatory and dispositional
30 records system shall be destroyed when the person reaches 19
31 years of age.
32 20. To develop rules which guarantee the confidentiality
33 of such individually identifiable adjudicatory and
34 dispositional records except when used for the following:
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1 (a) by authorized juvenile court personnel or the
2 State's Attorney in connection with proceedings under the
3 Juvenile Court Act of 1987; or
4 (b) inquiries from registered police youth
5 officers.
6 For the purposes of this Act "police youth officer" means
7 a member of a duly organized State, county or municipal
8 police force who is assigned by his or her Superintendent,
9 Sheriff or chief of police, as the case may be, to specialize
10 in youth problems.
11 21. To develop administrative rules and administrative
12 hearing procedures which allow a minor, his or her attorney,
13 and his or her parents or guardian access to individually
14 identifiable adjudicatory and dispositional records for the
15 purpose of determining or challenging the accuracy of the
16 records. Final administrative decisions shall be subject to
17 the provisions of the Administrative Review Law.
18 22. To charge, collect, and receive fees or moneys
19 equivalent to the cost of providing Department of State
20 Police personnel, equipment, and services to local
21 governmental agencies when explicitly requested by a local
22 governmental agency and pursuant to an intergovernmental
23 agreement as provided by this Section, other State agencies,
24 and federal agencies, including but not limited to fees or
25 moneys equivalent to the cost of providing dispatching
26 services, radio and radar repair, and training to local
27 governmental agencies on such terms and conditions as in the
28 judgment of the Director are in the best interest of the
29 State; and to establish, charge, collect and receive fees or
30 moneys based on the cost of providing responses to requests
31 for criminal history record information pursuant to positive
32 identification and any Illinois or federal law authorizing
33 access to some aspect of such information and to prescribe
34 the form and manner for requesting and furnishing such
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1 information to the requestor on such terms and conditions as
2 in the judgment of the Director are in the best interest of
3 the State, provided fees for requesting and furnishing
4 criminal history record information may be waived for
5 requests in the due administration of the criminal laws. The
6 Department may also charge, collect and receive fees or
7 moneys equivalent to the cost of providing electronic data
8 processing lines or related telecommunication services to
9 local governments, but only when such services can be
10 provided by the Department at a cost less than that
11 experienced by said local governments through other means.
12 All services provided by the Department shall be conducted
13 pursuant to contracts in accordance with the
14 Intergovernmental Cooperation Act, and all telecommunication
15 services shall be provided pursuant to the provisions of
16 Section 67.18 of this Code.
17 All fees received by the Department of State Police under
18 this Act or the Illinois Uniform Conviction Information Act
19 shall be deposited in a special fund in the State Treasury to
20 be known as the State Police Services Fund. The money
21 deposited in the State Police Services Fund shall be
22 appropriated to the Department of State Police for expenses
23 of the Department of State Police.
24 In addition to any other permitted use of moneys in the
25 Fund, and notwithstanding any restriction on the use of the
26 Fund, moneys in the State Police Services Fund may be
27 transferred to the General Revenue Fund as authorized by this
28 amendatory Act of 1992. The General Assembly finds that an
29 excess of moneys exists in the Fund. On February 1, 1992,
30 the Comptroller shall order transferred and the Treasurer
31 shall transfer $500,000 (or such lesser amount as may be on
32 deposit in the Fund and unexpended and unobligated on that
33 date) from the Fund to the General Revenue Fund.
34 Upon the completion of any audit of the Department of
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1 State Police as prescribed by the Illinois State Auditing
2 Act, which audit includes an audit of the State Police
3 Services Fund, the Department of State Police shall make the
4 audit open to inspection by any interested person.
5 23. To exercise the powers and perform the duties which
6 have been vested in the Department of State Police by the
7 Intergovernmental Missing Child Recovery Act of 1984, and to
8 establish reasonable rules and regulations necessitated
9 thereby.
10 24. (a) To establish and maintain a statewide Law
11 Enforcement Agencies Data System (LEADS) for the purpose of
12 effecting an immediate law enforcement response to reports of
13 missing persons, including lost, missing or runaway minors.
14 The Department shall implement an automatic data exchange
15 system to compile, to maintain and to make available to other
16 law enforcement agencies for immediate dissemination data
17 which can assist appropriate agencies in recovering missing
18 persons.
19 (b) In exercising its duties under this subsection, the
20 Department shall:
21 (1) provide a uniform reporting format for the
22 entry of pertinent information regarding the report of a
23 missing person into LEADS;
24 (2) develop and implement a policy whereby a
25 statewide or regional alert would be used in situations
26 relating to the disappearances of individuals, based on
27 criteria and in a format established by the Department.
28 Such a format shall include, but not be limited to, the
29 age of the missing person and the suspected circumstance
30 of the disappearance;
31 (3) notify all law enforcement agencies that
32 reports of missing persons shall be entered as soon as
33 the minimum level of data specified by the Department is
34 available to the reporting agency, and that no waiting
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1 period for the entry of such data exists;
2 (4) compile and retain information regarding lost,
3 abducted, missing or runaway minors in a separate data
4 file, in a manner that allows such information to be used
5 by law enforcement and other agencies deemed appropriate
6 by the Director, for investigative purposes. Such
7 information shall include the disposition of all reported
8 lost, abducted, missing or runaway minor cases;
9 (5) compile and maintain an historic data
10 repository relating to lost, abducted, missing or runaway
11 minors and other missing persons in order to develop and
12 improve techniques utilized by law enforcement agencies
13 when responding to reports of missing persons; and
14 (6) create a quality control program regarding
15 confirmation of missing person data, timeliness of
16 entries of missing person reports into LEADS and
17 performance audits of all entering agencies; and .
18 (7) ensure that no information is included in LEADS
19 concerning an arrest of an individual if the individual
20 was acquitted or released without being convicted.
21 25. On request of a school board or regional
22 superintendent of schools, to conduct an inquiry pursuant to
23 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
24 an applicant for employment in a school district has been
25 convicted of any criminal or drug offenses enumerated in
26 Section 10-21.9 or 34-18.5 of the School Code. The
27 Department shall furnish such conviction information to the
28 President of the school board of the school district which
29 has requested the information, or if the information was
30 requested by the regional superintendent to that regional
31 superintendent.
32 26. To promulgate rules and regulations necessary for
33 the administration and enforcement of its powers and duties,
34 wherever granted and imposed, pursuant to the Illinois
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1 Administrative Procedure Act.
2 27. To (a) promulgate rules pertaining to the
3 certification, revocation of certification and training of
4 law enforcement officers as electronic criminal surveillance
5 officers, (b) provide training and technical assistance to
6 State's Attorneys and local law enforcement agencies
7 pertaining to the interception of private oral
8 communications, (c) promulgate rules necessary for the
9 administration of Article 108B of the Code of Criminal
10 Procedure of 1963, including but not limited to standards for
11 recording and minimization of electronic criminal
12 surveillance intercepts, documentation required to be
13 maintained during an intercept, procedures in relation to
14 evidence developed by an intercept, and (d) charge a
15 reasonable fee to each law enforcement agency that sends
16 officers to receive training as electronic criminal
17 surveillance officers.
18 28. Upon the request of any private organization which
19 devotes a major portion of its time to the provision of
20 recreational, social, educational or child safety services to
21 children, to conduct, pursuant to positive identification,
22 criminal background investigations of all of that
23 organization's current employees, current volunteers,
24 prospective employees or prospective volunteers charged with
25 the care and custody of children during the provision of the
26 organization's services, and to report to the requesting
27 organization any record of convictions maintained in the
28 Department's files about such persons. The Department shall
29 charge an application fee, based on actual costs, for the
30 dissemination of conviction information pursuant to this
31 subsection. The Department is empowered to establish this
32 fee and shall prescribe the form and manner for requesting
33 and furnishing conviction information pursuant to this
34 subsection. Information received by the organization from the
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1 Department concerning an individual shall be provided to such
2 individual. Any such information obtained by the
3 organization shall be confidential and may not be transmitted
4 outside the organization and may not be transmitted to anyone
5 within the organization except as needed for the purpose of
6 evaluating the individual. Only information and standards
7 which bear a reasonable and rational relation to the
8 performance of child care shall be used by the organization.
9 Any employee of the Department or any member, employee or
10 volunteer of the organization receiving confidential
11 information under this subsection who gives or causes to be
12 given any confidential information concerning any criminal
13 convictions of an individual shall be guilty of a Class A
14 misdemeanor unless release of such information is authorized
15 by this subsection.
16 29. Upon the request of the Department of Children and
17 Family Services, to investigate reports of child abuse or
18 neglect.
19 30. To obtain registration of a fictitious vital record
20 pursuant to Section 15.1 of the Vital Records Act.
21 31. To collect and disseminate information relating to
22 "hate crimes" as defined under Section 12-7.1 of the Criminal
23 Code of 1961 contingent upon the availability of State or
24 Federal funds to revise and upgrade the Illinois Uniform
25 Crime Reporting System. All law enforcement agencies shall
26 report monthly to the Department of State Police concerning
27 such offenses in such form and in such manner as may be
28 prescribed by rules and regulations adopted by the Department
29 of State Police. Such information shall be compiled by the
30 Department and be disseminated upon request to any local law
31 enforcement agency, unit of local government, or state
32 agency. Dissemination of such information shall be subject
33 to all confidentiality requirements otherwise imposed by law.
34 The Department of State Police shall provide training for
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1 State Police officers in identifying, responding to, and
2 reporting all hate crimes. The Illinois Local Governmental
3 Law Enforcement Officer's Training Board shall develop and
4 certify a course of such training to be made available to
5 local law enforcement officers.
6 32. Upon the request of a private carrier company that
7 provides transportation under Section 28b of the Metropolitan
8 Transit Authority Act, to ascertain if an applicant for a
9 driver position has been convicted of any criminal or drug
10 offense enumerated in Section 28b of the Metropolitan Transit
11 Authority Act. The Department shall furnish the conviction
12 information to the private carrier company that requested the
13 information.
14 33. To apply for grants or contracts, receive, expend,
15 allocate, or disburse funds and moneys made available by
16 public or private entities, including, but not limited to,
17 contracts, bequests, grants, or receiving equipment from
18 corporations, foundations, or public or private institutions
19 of higher learning. All funds received by the Department
20 from these sources shall be deposited into the appropriate
21 fund in the State Treasury to be appropriated to the
22 Department for purposes as indicated by the grantor or
23 contractor or, in the case of funds or moneys bequeathed or
24 granted for no specific purpose, for any purpose as deemed
25 appropriate by the Director in administering the
26 responsibilities of the Department.
27 34. Upon the request of the Department of Children and
28 Family Services, the Department of State Police shall provide
29 properly designated employees of the Department of Children
30 and Family Services with criminal history record information
31 as defined in the Illinois Uniform Conviction Information Act
32 and information maintained in the adjudicatory and
33 dispositional record system as defined in subdivision (A)19
34 of this Section if the Department of Children and Family
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1 Services determines the information is necessary to perform
2 its duties under the Abused and Neglected Child Reporting
3 Act, the Child Care Act of 1969, and the Children and Family
4 Services Act. The request shall be in the form and manner
5 specified by the Department of State Police.
6 (B) The Department of State Police may establish and
7 maintain, within the Department of State Police, a Statewide
8 Organized Criminal Gang Database (SWORD) for the purpose of
9 tracking organized criminal gangs and their memberships.
10 Information in the database may include, but not be limited
11 to, the name, last known address, birth date, physical
12 descriptions (such as scars, marks, or tattoos), officer
13 safety information, organized gang affiliation, and entering
14 agency identifier. The Department may develop, in
15 consultation with the Criminal Justice Information Authority,
16 and in a form and manner prescribed by the Department, an
17 automated data exchange system to compile, to maintain, and
18 to make this information electronically available to
19 prosecutors and to other law enforcement agencies. The
20 information may be used by authorized agencies to combat the
21 operations of organized criminal gangs statewide.
22 (C) The Department of State Police may ascertain the
23 number of bilingual police officers and other personnel
24 needed to provide services in a language other than English
25 and may establish, under applicable personnel rules and
26 Department guidelines or through a collective bargaining
27 agreement, a bilingual pay supplement program.
28 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
29 Section 10. The Criminal Identification Act is amended
30 by changing Section 5 as follows:
31 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
32 Sec. 5. Arrest reports; expungement.
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1 (a) All policing bodies of this State shall furnish to
2 the Department, daily, in the form and detail the Department
3 requires, fingerprints and descriptions of all persons who
4 are arrested on charges of violating any penal statute of
5 this State for offenses that are classified as felonies and
6 Class A or B misdemeanors and of all minors who have been
7 arrested or taken into custody before their 17th birthday for
8 an offense that if committed by an adult would constitute the
9 offense of unlawful use of weapons under Article 24 of the
10 Criminal Code of 1961, a forcible felony as defined in
11 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
12 greater felony under the Cannabis Control Act, the Illinois
13 Controlled Substances Act, or Chapter 4 of the Illinois
14 Vehicle Code. Moving or nonmoving traffic violations under
15 the Illinois Vehicle Code shall not be reported except for
16 violations of Chapter 4, Section 11-204.1, or Section 11-501
17 of that Code. In addition, conservation offenses, as defined
18 in the Supreme Court Rule 501(c), that are classified as
19 Class B misdemeanors shall not be reported.
20 Whenever an adult or minor prosecuted as an adult, not
21 having previously been convicted of any criminal offense or
22 municipal ordinance violation, charged with a violation of a
23 municipal ordinance or a felony or misdemeanor, is acquitted
24 or released without being convicted, whether the acquittal or
25 release occurred before, on, or after the effective date of
26 this amendatory Act of 1991, the Chief Judge of the circuit
27 wherein the charge was brought, any judge of that circuit
28 designated by the Chief Judge, or in counties of less than
29 3,000,000 inhabitants, the presiding trial judge at the
30 defendant's trial may upon verified petition of the defendant
31 order the record of arrest expunged from the official records
32 of the arresting authority and the Department and order that
33 the records of the clerk of the circuit court be sealed until
34 further order of the court upon good cause shown and the name
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1 of the defendant obliterated on the official index required
2 to be kept by the circuit court clerk under Section 16 of the
3 Clerks of Courts Act, but the order shall not affect any
4 index issued by the circuit court clerk before the entry of
5 the order. The Department may charge the petitioner a fee
6 equivalent to the cost of processing any order to expunge or
7 seal the records, and the fee shall be deposited into the
8 State Police Services Fund. The records of those arrests,
9 however, that result in a disposition of supervision for any
10 offense shall not be expunged from the records of the
11 arresting authority or the Department nor impounded by the
12 court until 2 years after discharge and dismissal of
13 supervision. Those records that result from a supervision
14 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
15 11-503 of the Illinois Vehicle Code or a similar provision of
16 a local ordinance, or for a violation of Section 12-3.2,
17 12-15 or 16A-3 of the Criminal Code of 1961, or probation
18 under Section 10 of the Cannabis Control Act, Section 410 of
19 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
20 and (2) of the Criminal Code of 1961, Section 10-102 of the
21 Illinois Alcoholism and Other Drug Dependency Act when the
22 judgment of conviction has been vacated, Section 40-10 of the
23 Alcoholism and Other Drug Abuse and Dependency Act when the
24 judgment of conviction has been vacated, or Section 10 of the
25 Steroid Control Act shall not be expunged from the records of
26 the arresting authority nor impounded by the court until 5
27 years after termination of probation or supervision. Those
28 records that result from a supervision for a violation of
29 Section 11-501 of the Illinois Vehicle Code or a similar
30 provision of a local ordinance, shall not be expunged. All
31 records set out above may be ordered by the court to be
32 expunged from the records of the arresting authority and
33 impounded by the court after 5 years, but shall not be
34 expunged by the Department, but shall, on court order be
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1 sealed by the Department and may be disseminated by the
2 Department only as required by law or to the arresting
3 authority, the State's Attorney, and the court upon a later
4 arrest for the same or a similar offense or for the purpose
5 of sentencing for any subsequent felony. Upon conviction for
6 any offense, the Department of Corrections shall have access
7 to all sealed records of the Department pertaining to that
8 individual.
9 (b) Whenever a person has been convicted of a crime or
10 of the violation of a municipal ordinance, in the name of a
11 person whose identity he has stolen or otherwise come into
12 possession of, the aggrieved person from whom the identity
13 was stolen or otherwise obtained without authorization, upon
14 learning of the person having been arrested using his
15 identity, may, upon verified petition to the chief judge of
16 the circuit wherein the arrest was made, have a court order
17 entered nunc pro tunc by the chief judge to correct the
18 arrest record, conviction record, if any, and all official
19 records of the arresting authority, the Department, other
20 criminal justice agencies, the prosecutor, and the trial
21 court concerning such arrest, if any, by removing his name
22 from all such records in connection with the arrest and
23 conviction, if any, and by inserting in the records the name
24 of the offender, if known or ascertainable, in lieu of the
25 aggrieved's name. The records of the clerk of the circuit
26 court clerk shall be sealed until further order of the court
27 upon good cause shown and the name of the aggrieved person
28 obliterated on the official index required to be kept by the
29 circuit court clerk under Section 16 of the Clerks of Courts
30 Act, but the order shall not affect any index issued by the
31 circuit court clerk before the entry of the order. Nothing in
32 this Section shall limit the Department of State Police or
33 other criminal justice agencies or prosecutors from listing
34 under an offender's name the false names he or she has used.
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1 For purposes of this Section, convictions for moving and
2 nonmoving traffic violations other than convictions for
3 violations of Chapter 4, Section 11-204.1 or Section 11-501
4 of the Illinois Vehicle Code shall not be a bar to expunging
5 the record of arrest and court records for violation of a
6 misdemeanor or municipal ordinance.
7 (c) Whenever a person who has been convicted of an
8 offense is granted a pardon by the Governor which
9 specifically authorizes expungement, he may, upon verified
10 petition to the chief judge of the circuit where the person
11 had been convicted, any judge of the circuit designated by
12 the Chief Judge, or in counties of less than 3,000,000
13 inhabitants, the presiding trial judge at the defendant's
14 trial, may have a court order entered expunging the record of
15 arrest from the official records of the arresting authority
16 and order that the records of the clerk of the circuit court
17 and the Department be sealed until further order of the court
18 upon good cause shown or as otherwise provided herein, and
19 the name of the defendant obliterated from the official index
20 requested to be kept by the circuit court clerk under Section
21 16 of the Clerks of Courts Act in connection with the arrest
22 and conviction for the offense for which he had been pardoned
23 but the order shall not affect any index issued by the
24 circuit court clerk before the entry of the order. All
25 records sealed by the Department may be disseminated by the
26 Department only as required by law or to the arresting
27 authority, the States Attorney, and the court upon a later
28 arrest for the same or similar offense or for the purpose of
29 sentencing for any subsequent felony. Upon conviction for
30 any subsequent offense, the Department of Corrections shall
31 have access to all sealed records of the Department
32 pertaining to that individual. Upon entry of the order of
33 expungement, the clerk of the circuit court shall promptly
34 mail a copy of the order to the person who was pardoned.
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1 (d) Notice of the petition for subsections (a), (b), and
2 (c) shall be served upon the State's Attorney or prosecutor
3 charged with the duty of prosecuting the offense, the
4 Department of State Police, the arresting agency and the
5 chief legal officer of the unit of local government affecting
6 the arrest. Unless the State's Attorney or prosecutor, the
7 Department of State Police, the arresting agency or such
8 chief legal officer objects to the petition within 30 days
9 from the date of the notice, the court shall enter an order
10 granting or denying the petition. The clerk of the court
11 shall promptly mail a copy of the order to the person, the
12 arresting agency, the prosecutor, the Department of State
13 Police and such other criminal justice agencies as may be
14 ordered by the judge.
15 (e) Nothing herein shall prevent the Department of State
16 Police from maintaining all records of any person who is
17 admitted to probation upon terms and conditions and who
18 fulfills those terms and conditions pursuant to Section 10 of
19 the Cannabis Control Act, Section 410 of the Illinois
20 Controlled Substances Act, Section 12-4.3 of the Criminal
21 Code of 1961, Section 10-102 of the Illinois Alcoholism and
22 Other Drug Dependency Act, Section 40-10 of the Alcoholism
23 and Other Drug Abuse and Dependency Act, or Section 10 of the
24 Steroid Control Act.
25 (f) No court order issued pursuant to the expungement
26 provisions of this Section shall become final for purposes of
27 appeal until 30 days after notice is received by the
28 Department. Any court order contrary to the provisions of
29 this Section is void.
30 (g) The court shall not order the sealing or expungement
31 of the arrest records and records of the circuit court clerk
32 of any person granted supervision for or convicted of any
33 sexual offense committed against a minor under 18 years of
34 age. For the purposes of this Section, "sexual offense
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1 committed against a minor" includes but is not limited to the
2 offenses of indecent solicitation of a child or criminal
3 sexual abuse when the victim of such offense is under 18
4 years of age.
5 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
6 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)