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91_HB1472
LRB9103451RCks
1 AN ACT to amend the Criminal Identification Act by
2 changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended by
6 changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 (Text of Section before amendment by P.A. 90-590)
9 Sec. 5. Arrest reports; expungement.
10 (a) All policing bodies of this State shall furnish to
11 the Department, daily, in the form and detail the Department
12 requires, fingerprints and descriptions of all persons who
13 are arrested on charges of violating any penal statute of
14 this State for offenses that are classified as felonies and
15 Class A or B misdemeanors and of all minors who have been
16 arrested or taken into custody before their 17th birthday for
17 an offense that if committed by an adult would constitute the
18 offense of unlawful use of weapons under Article 24 of the
19 Criminal Code of 1961, a forcible felony as defined in
20 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
21 greater felony under the Cannabis Control Act, the Illinois
22 Controlled Substances Act, or Chapter 4 of the Illinois
23 Vehicle Code. Moving or nonmoving traffic violations under
24 the Illinois Vehicle Code shall not be reported except for
25 violations of Chapter 4, Section 11-204.1, or Section 11-501
26 of that Code. In addition, conservation offenses, as defined
27 in the Supreme Court Rule 501(c), that are classified as
28 Class B misdemeanors shall not be reported.
29 Whenever an adult or minor prosecuted as an adult, not
30 having previously been convicted of any criminal offense or
31 municipal ordinance violation, charged with a violation of a
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1 municipal ordinance or a felony or misdemeanor, is acquitted
2 or released without being convicted, whether the acquittal or
3 release occurred before, on, or after the effective date of
4 this amendatory Act of 1991, the Chief Judge of the circuit
5 wherein the charge was brought, any judge of that circuit
6 designated by the Chief Judge, or in counties of less than
7 3,000,000 inhabitants, the presiding trial judge at the
8 defendant's trial may upon verified petition of the defendant
9 order the record of arrest expunged from the official records
10 of the arresting authority and the Department and order that
11 the records of the clerk of the circuit court be sealed until
12 further order of the court upon good cause shown and the name
13 of the defendant obliterated on the official index required
14 to be kept by the circuit court clerk under Section 16 of the
15 Clerks of Courts Act, but the order shall not affect any
16 index issued by the circuit court clerk before the entry of
17 the order. The Department may charge the petitioner a fee
18 equivalent to the cost of processing any order to expunge or
19 seal the records, and the fee shall be deposited into the
20 State Police Services Fund. The records of those arrests,
21 however, that result in a disposition of supervision for any
22 offense shall not be expunged from the records of the
23 arresting authority or the Department nor impounded by the
24 court until 2 years after discharge and dismissal of
25 supervision. Those records that result from a supervision
26 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
27 11-503 of the Illinois Vehicle Code or a similar provision of
28 a local ordinance, or for a violation of Section 12-3.2,
29 12-15 or 16A-3 of the Criminal Code of 1961, or probation
30 under Section 10 of the Cannabis Control Act, Section 410 of
31 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
32 and (2) of the Criminal Code of 1961 (as those provisions
33 existed before their deletion by Public Act 89-313), Section
34 10-102 of the Illinois Alcoholism and Other Drug Dependency
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1 Act when the judgment of conviction has been vacated, Section
2 40-10 of the Alcoholism and Other Drug Abuse and Dependency
3 Act when the judgment of conviction has been vacated, or
4 Section 10 of the Steroid Control Act shall not be expunged
5 from the records of the arresting authority nor impounded by
6 the court until 5 years after termination of probation or
7 supervision. Those records that result from a supervision for
8 a violation of Section 11-501 of the Illinois Vehicle Code or
9 a similar provision of a local ordinance, shall not be
10 expunged. All records set out above may be ordered by the
11 court to be expunged from the records of the arresting
12 authority and impounded by the court after 5 years, but shall
13 not be expunged by the Department, but shall, on court order
14 be sealed by the Department and may be disseminated by the
15 Department only as required by law or to the arresting
16 authority, the State's Attorney, and the court upon a later
17 arrest for the same or a similar offense or for the purpose
18 of sentencing for any subsequent felony. Upon conviction for
19 any offense, the Department of Corrections shall have access
20 to all sealed records of the Department pertaining to that
21 individual.
22 (b) Whenever a person has been convicted of a crime or
23 of the violation of a municipal ordinance, in the name of a
24 person whose identity he has stolen or otherwise come into
25 possession of, the aggrieved person from whom the identity
26 was stolen or otherwise obtained without authorization, upon
27 learning of the person having been arrested using his
28 identity, may, upon verified petition to the chief judge of
29 the circuit wherein the arrest was made, have a court order
30 entered nunc pro tunc by the chief judge to correct the
31 arrest record, conviction record, if any, and all official
32 records of the arresting authority, the Department, other
33 criminal justice agencies, the prosecutor, and the trial
34 court concerning such arrest, if any, by removing his name
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1 from all such records in connection with the arrest and
2 conviction, if any, and by inserting in the records the name
3 of the offender, if known or ascertainable, in lieu of the
4 aggrieved's name. The records of the clerk of the circuit
5 court clerk shall be sealed until further order of the court
6 upon good cause shown and the name of the aggrieved person
7 obliterated on the official index required to be kept by the
8 circuit court clerk under Section 16 of the Clerks of Courts
9 Act, but the order shall not affect any index issued by the
10 circuit court clerk before the entry of the order. Nothing in
11 this Section shall limit the Department of State Police or
12 other criminal justice agencies or prosecutors from listing
13 under an offender's name the false names he or she has used.
14 For purposes of this Section, convictions for moving and
15 nonmoving traffic violations other than convictions for
16 violations of Chapter 4, Section 11-204.1 or Section 11-501
17 of the Illinois Vehicle Code shall not be a bar to expunging
18 the record of arrest and court records for violation of a
19 misdemeanor or municipal ordinance.
20 (c) Whenever a person who has been convicted of an
21 offense is granted a pardon by the Governor which
22 specifically authorizes expungement, he may, upon verified
23 petition to the chief judge of the circuit where the person
24 had been convicted, any judge of the circuit designated by
25 the Chief Judge, or in counties of less than 3,000,000
26 inhabitants, the presiding trial judge at the defendant's
27 trial, may have a court order entered expunging the record of
28 arrest from the official records of the arresting authority
29 and order that the records of the clerk of the circuit court
30 and the Department be sealed until further order of the court
31 upon good cause shown or as otherwise provided herein, and
32 the name of the defendant obliterated from the official index
33 requested to be kept by the circuit court clerk under Section
34 16 of the Clerks of Courts Act in connection with the arrest
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1 and conviction for the offense for which he had been pardoned
2 but the order shall not affect any index issued by the
3 circuit court clerk before the entry of the order. All
4 records sealed by the Department may be disseminated by the
5 Department only as required by law or to the arresting
6 authority, the State's States Attorney, and the court upon a
7 later arrest for the same or similar offense or for the
8 purpose of sentencing for any subsequent felony. Upon
9 conviction for any subsequent offense, the Department of
10 Corrections shall have access to all sealed records of the
11 Department pertaining to that individual. Upon entry of the
12 order of expungement, the clerk of the circuit court shall
13 promptly mail a copy of the order to the person who was
14 pardoned.
15 (d) Notice of the petition for subsections (a), (b), and
16 (c) shall be served upon the State's Attorney or prosecutor
17 charged with the duty of prosecuting the offense, the
18 Department of State Police, the arresting agency and the
19 chief legal officer of the unit of local government affecting
20 the arrest. Unless the State's Attorney or prosecutor, the
21 Department of State Police, the arresting agency or such
22 chief legal officer objects to the petition within 30 days
23 from the date of the notice, the court shall enter an order
24 granting or denying the petition. The clerk of the court
25 shall promptly mail a copy of the order to the person, the
26 arresting agency, the prosecutor, the Department of State
27 Police and such other criminal justice agencies as may be
28 ordered by the judge.
29 (e) Nothing herein shall prevent the Department of State
30 Police from maintaining all records of any person who is
31 admitted to probation upon terms and conditions and who
32 fulfills those terms and conditions pursuant to Section 10 of
33 the Cannabis Control Act, Section 410 of the Illinois
34 Controlled Substances Act, Section 12-4.3 of the Criminal
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1 Code of 1961, Section 10-102 of the Illinois Alcoholism and
2 Other Drug Dependency Act, Section 40-10 of the Alcoholism
3 and Other Drug Abuse and Dependency Act, or Section 10 of the
4 Steroid Control Act.
5 (f) No court order issued pursuant to the expungement
6 provisions of this Section shall become final for purposes of
7 appeal until 30 days after notice is received by the
8 Department. Any court order contrary to the provisions of
9 this Section is void.
10 (g) The court shall not order the sealing or expungement
11 of the arrest records and records of the circuit court clerk
12 of any person granted supervision for or convicted of any
13 sexual offense committed against a minor under 18 years of
14 age. For the purposes of this Section, "sexual offense
15 committed against a minor" includes but is not limited to the
16 offenses of indecent solicitation of a child or criminal
17 sexual abuse when the victim of such offense is under 18
18 years of age.
19 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
20 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
21 (Text of Section after amendment by P.A. 90-590)
22 Sec. 5. Arrest reports; expungement.
23 (a) All policing bodies of this State shall furnish to
24 the Department, daily, in the form and detail the Department
25 requires, fingerprints and descriptions of all persons who
26 are arrested on charges of violating any penal statute of
27 this State for offenses that are classified as felonies and
28 Class A or B misdemeanors and of all minors of the age of 10
29 and over who have been arrested for an offense which would be
30 a felony if committed by an adult, and may forward such
31 fingerprints and descriptions for minors arrested for Class A
32 or B misdemeanors. Moving or nonmoving traffic violations
33 under the Illinois Vehicle Code shall not be reported except
34 for violations of Chapter 4, Section 11-204.1, or Section
-7- LRB9103451RCks
1 11-501 of that Code. In addition, conservation offenses, as
2 defined in the Supreme Court Rule 501(c), that are classified
3 as Class B misdemeanors shall not be reported.
4 Whenever an adult or minor prosecuted as an adult, not
5 having previously been convicted of any criminal offense or
6 municipal ordinance violation, charged with a violation of a
7 municipal ordinance or a felony or misdemeanor, is acquitted
8 or released without being convicted, whether the acquittal or
9 release occurred before, on, or after the effective date of
10 this amendatory Act of 1991, the Chief Judge of the circuit
11 wherein the charge was brought, any judge of that circuit
12 designated by the Chief Judge, or in counties of less than
13 3,000,000 inhabitants, the presiding trial judge at the
14 defendant's trial may upon verified petition of the defendant
15 order the record of arrest expunged from the official records
16 of the arresting authority and the Department and order that
17 the records of the clerk of the circuit court be sealed until
18 further order of the court upon good cause shown and the name
19 of the defendant obliterated on the official index required
20 to be kept by the circuit court clerk under Section 16 of the
21 Clerks of Courts Act, but the order shall not affect any
22 index issued by the circuit court clerk before the entry of
23 the order. The Department may charge the petitioner a fee
24 equivalent to the cost of processing any order to expunge or
25 seal the records, and the fee shall be deposited into the
26 State Police Services Fund. The records of those arrests,
27 however, that result in a disposition of supervision for any
28 offense shall not be expunged from the records of the
29 arresting authority or the Department nor impounded by the
30 court until 2 years after discharge and dismissal of
31 supervision. Those records that result from a supervision
32 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
33 11-503 of the Illinois Vehicle Code or a similar provision of
34 a local ordinance, or for a violation of Section 12-3.2,
-8- LRB9103451RCks
1 12-15 or 16A-3 of the Criminal Code of 1961, or probation
2 under Section 10 of the Cannabis Control Act, Section 410 of
3 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
4 and (2) of the Criminal Code of 1961 (as those provisions
5 existed before their deletion by Public Act 89-313), Section
6 10-102 of the Illinois Alcoholism and Other Drug Dependency
7 Act when the judgment of conviction has been vacated, Section
8 40-10 of the Alcoholism and Other Drug Abuse and Dependency
9 Act when the judgment of conviction has been vacated, or
10 Section 10 of the Steroid Control Act shall not be expunged
11 from the records of the arresting authority nor impounded by
12 the court until 5 years after termination of probation or
13 supervision. Those records that result from a supervision
14 for a violation of Section 11-501 of the Illinois Vehicle
15 Code or a similar provision of a local ordinance, shall not
16 be expunged. All records set out above may be ordered by the
17 court to be expunged from the records of the arresting
18 authority and impounded by the court after 5 years, but shall
19 not be expunged by the Department, but shall, on court order
20 be sealed by the Department and may be disseminated by the
21 Department only as required by law or to the arresting
22 authority, the State's Attorney, and the court upon a later
23 arrest for the same or a similar offense or for the purpose
24 of sentencing for any subsequent felony. Upon conviction for
25 any offense, the Department of Corrections shall have access
26 to all sealed records of the Department pertaining to that
27 individual.
28 (a-5) Those records maintained by the Department for
29 persons arrested prior to their 17th birthday shall be
30 expunged as provided in Section 5-915 of the Juvenile Court
31 Act of 1987.
32 (b) Whenever a person has been convicted of a crime or
33 of the violation of a municipal ordinance, in the name of a
34 person whose identity he has stolen or otherwise come into
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1 possession of, the aggrieved person from whom the identity
2 was stolen or otherwise obtained without authorization, upon
3 learning of the person having been arrested using his
4 identity, may, upon verified petition to the chief judge of
5 the circuit wherein the arrest was made, have a court order
6 entered nunc pro tunc by the chief judge to correct the
7 arrest record, conviction record, if any, and all official
8 records of the arresting authority, the Department, other
9 criminal justice agencies, the prosecutor, and the trial
10 court concerning such arrest, if any, by removing his name
11 from all such records in connection with the arrest and
12 conviction, if any, and by inserting in the records the name
13 of the offender, if known or ascertainable, in lieu of the
14 has name. The records of the clerk of the circuit court
15 clerk shall be sealed until further order of the court upon
16 good cause shown and the name of the aggrieved person
17 obliterated on the official index required to be kept by the
18 circuit court clerk under Section 16 of the Clerks of Courts
19 Act, but the order shall not affect any index issued by the
20 circuit court clerk before the entry of the order. Nothing in
21 this Section shall limit the Department of State Police or
22 other criminal justice agencies or prosecutors from listing
23 under an offender's name the false names he or she has used.
24 For purposes of this Section, convictions for moving and
25 nonmoving traffic violations other than convictions for
26 violations of Chapter 4, Section 11-204.1 or Section 11-501
27 of the Illinois Vehicle Code shall not be a bar to expunging
28 the record of arrest and court records for violation of a
29 misdemeanor or municipal ordinance.
30 (c) Whenever a person who has been convicted of an
31 offense is granted a pardon by the Governor which
32 specifically authorizes expungement, he may, upon verified
33 petition to the chief judge of the circuit where the person
34 had been convicted, any judge of the circuit designated by
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1 the Chief Judge, or in counties of less than 3,000,000
2 inhabitants, the presiding trial judge at the defendant's
3 trial, may have a court order entered expunging the record of
4 arrest from the official records of the arresting authority
5 and order that the records of the clerk of the circuit court
6 and the Department be sealed until further order of the court
7 upon good cause shown or as otherwise provided herein, and
8 the name of the defendant obliterated from the official index
9 requested to be kept by the circuit court clerk under Section
10 16 of the Clerks of Courts Act in connection with the arrest
11 and conviction for the offense for which he had been pardoned
12 but the order shall not affect any index issued by the
13 circuit court clerk before the entry of the order. All
14 records sealed by the Department may be disseminated by the
15 Department only as required by law or to the arresting
16 authority, the State's States Attorney, and the court upon a
17 later arrest for the same or similar offense or for the
18 purpose of sentencing for any subsequent felony. Upon
19 conviction for any subsequent offense, the Department of
20 Corrections shall have access to all sealed records of the
21 Department pertaining to that individual. Upon entry of the
22 order of expungement, the clerk of the circuit court shall
23 promptly mail a copy of the order to the person who was
24 pardoned.
25 (c-5) If a person (i) has been convicted of a felony and
26 was under 21 years of age at the time of the commission of
27 the offense, (ii) during the previous 5 years has not been
28 convicted of an offense that must be reported to the
29 Department under this Section, and (iii) has completed a
30 sentence of probation, conditional discharge, parole, or
31 mandatory supervised release, then he or she may, upon
32 verified petition to the chief judge of the circuit where the
33 person has been convicted, any judge of the circuit
34 designated by the chief judge, or in counties of less than
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1 3,000,000 inhabitants, the presiding trial judge at the
2 defendant's trial, may have a court order entered expunging
3 the record of arrest from the official records of the
4 arresting authority and order that the records of the clerk
5 of the circuit court and the Department be sealed until
6 further order of the court upon good cause shown or as
7 otherwise provided in this Section, and the name of the
8 defendant obliterated from the official index requested to be
9 kept by the circuit court clerk under Section 16 of the
10 Clerks of Courts Act in connection with the arrest and
11 conviction for the offense for which the court ordered
12 expungement and sealing of the records, but the order does
13 not affect any index issued by the circuit court clerk before
14 the entry of the order. All records sealed by the Department
15 may be disseminated by the Department only as required by law
16 or to the arresting authority, the State's Attorney, and the
17 court upon a later arrest for the same or similar offense or
18 for the purpose of sentencing for any subsequent felony.
19 Upon conviction for any subsequent offense, the Department of
20 Corrections has access to all sealed records of the
21 Department pertaining to that individual. Upon entry of the
22 order of expungement, the clerk of the circuit court must
23 promptly mail a copy of the order to the person whose records
24 were sealed and expunged.
25 (d) Notice of the petition for subsections (a), (b), and
26