093_SB0788enr SB788 Enrolled LRB093 03211 RLC 03228 b 1 AN ACT in relation to courts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Identification Act is amended by 5 changing Section 5 and adding Sections 11, 12, and 13 as 6 follows: 7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5) 8 Sec. 5. Arrest reports; expungement. 9 (a) All policing bodies of this State shall furnish to 10 the Department, daily, in the form and detail the Department 11 requires, fingerprints and descriptions of all persons who 12 are arrested on charges of violating any penal statute of 13 this State for offenses that are classified as felonies and 14 Class A or B misdemeanors and of all minors of the age of 10 15 and over who have been arrested for an offense which would be 16 a felony if committed by an adult, and may forward such 17 fingerprints and descriptions for minors arrested for Class A 18 or B misdemeanors. Moving or nonmoving traffic violations 19 under the Illinois Vehicle Code shall not be reported except 20 for violations of Chapter 4, Section 11-204.1, or Section 21 11-501 of that Code. In addition, conservation offenses, as 22 defined in the Supreme Court Rule 501(c), that are classified 23 as Class B misdemeanors shall not be reported. 24 Whenever an adult or minor prosecuted as an adult, not 25 having previously been convicted of any criminal offense or 26 municipal ordinance violation, charged with a violation of a 27 municipal ordinance or a felony or misdemeanor, is acquitted 28 or released without being convicted, whether the acquittal or 29 release occurred before, on, or after the effective date of 30 this amendatory Act of 1991, the Chief Judge of the circuit 31 wherein the charge was brought, any judge of that circuit SB788 Enrolled -2- LRB093 03211 RLC 03228 b 1 designated by the Chief Judge, or in counties of less than 2 3,000,000 inhabitants, the presiding trial judge at the 3 defendant's trial may upon verified petition of the defendant 4 order the record of arrest expunged from the official records 5 of the arresting authority and the Department and order that 6 the records of the clerk of the circuit court be sealed until 7 further order of the court upon good cause shown and the name 8 of the defendant obliterated on the official index required 9 to be kept by the circuit court clerk under Section 16 of the 10 Clerks of Courts Act, but the order shall not affect any 11 index issued by the circuit court clerk before the entry of 12 the order. The Department may charge the petitioner a fee 13 equivalent to the cost of processing any order to expunge or 14 seal the records, and the fee shall be deposited into the 15 State Police Services Fund. The records of those arrests, 16 however, that result in a disposition of supervision for any 17 offense shall not be expunged from the records of the 18 arresting authority or the Department nor impounded by the 19 court until 2 years after discharge and dismissal of 20 supervision. Those records that result from a supervision 21 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or 22 11-503 of the Illinois Vehicle Code or a similar provision of 23 a local ordinance, or for a violation of Section 12-3.2, 24 12-15 or 16A-3 of the Criminal Code of 1961, or probation 25 under Section 10 of the Cannabis Control Act, Section 410 of 26 the Illinois Controlled Substances Act, Section 12-4.3(b)(1) 27 and (2) of the Criminal Code of 1961 (as those provisions 28 existed before their deletion by Public Act 89-313), Section 29 10-102 of the Illinois Alcoholism and Other Drug Dependency 30 Act when the judgment of conviction has been vacated, Section 31 40-10 of the Alcoholism and Other Drug Abuse and Dependency 32 Act when the judgment of conviction has been vacated, or 33 Section 10 of the Steroid Control Act shall not be expunged 34 from the records of the arresting authority nor impounded by SB788 Enrolled -3- LRB093 03211 RLC 03228 b 1 the court until 5 years after termination of probation or 2 supervision. Those records that result from a supervision 3 for a violation of Section 11-501 of the Illinois Vehicle 4 Code or a similar provision of a local ordinance, shall not 5 be expunged. All records set out above may be ordered by the 6 court to be expunged from the records of the arresting 7 authority and impounded by the court after 5 years, but shall 8 not be expunged by the Department, but shall, on court order 9 be sealed by the Department and may be disseminated by the 10 Department only as required by law or to the arresting 11 authority, the State's Attorney, and the court upon a later 12 arrest for the same or a similar offense or for the purpose 13 of sentencing for any subsequent felony. Upon conviction for 14 any offense, the Department of Corrections shall have access 15 to all sealed records of the Department pertaining to that 16 individual. 17 (a-5) Those records maintained by the Department for 18 persons arrested prior to their 17th birthday shall be 19 expunged as provided in Section 5-915 of the Juvenile Court 20 Act of 1987. 21 (b) Whenever a person has been convicted of a crime or 22 of the violation of a municipal ordinance, in the name of a 23 person whose identity he has stolen or otherwise come into 24 possession of, the aggrieved person from whom the identity 25 was stolen or otherwise obtained without authorization, upon 26 learning of the person having been arrested using his 27 identity, may, upon verified petition to the chief judge of 28 the circuit wherein the arrest was made, have a court order 29 entered nunc pro tunc by the chief judge to correct the 30 arrest record, conviction record, if any, and all official 31 records of the arresting authority, the Department, other 32 criminal justice agencies, the prosecutor, and the trial 33 court concerning such arrest, if any, by removing his name 34 from all such records in connection with the arrest and SB788 Enrolled -4- LRB093 03211 RLC 03228 b 1 conviction, if any, and by inserting in the records the name 2 of the offender, if known or ascertainable, in lieu of the 3 aggrieved's name. The records of the clerk of the circuit 4 court clerk shall be sealed until further order of the court 5 upon good cause shown and the name of the aggrieved person 6 obliterated on the official index required to be kept by the 7 circuit court clerk under Section 16 of the Clerks of Courts 8 Act, but the order shall not affect any index issued by the 9 circuit court clerk before the entry of the order. Nothing 10 in this Section shall limit the Department of State Police or 11 other criminal justice agencies or prosecutors from listing 12 under an offender's name the false names he or she has used. 13 For purposes of this Section, convictions for moving and 14 nonmoving traffic violations other than convictions for 15 violations of Chapter 4, Section 11-204.1 or Section 11-501 16 of the Illinois Vehicle Code shall not be a bar to expunging 17 the record of arrest and court records for violation of a 18 misdemeanor or municipal ordinance. 19 (c) Whenever a person who has been convicted of an 20 offense is granted a pardon by the Governor which 21 specifically authorizes expungement, he may, upon verified 22 petition to the chief judge of the circuit where the person 23 had been convicted, any judge of the circuit designated by 24 the Chief Judge, or in counties of less than 3,000,000 25 inhabitants, the presiding trial judge at the defendant's 26 trial, may have a court order entered expunging the record of 27 arrest from the official records of the arresting authority 28 and order that the records of the clerk of the circuit court 29 and the Department be sealed until further order of the court 30 upon good cause shown or as otherwise provided herein, and 31 the name of the defendant obliterated from the official index 32 requested to be kept by the circuit court clerk under Section 33 16 of the Clerks of Courts Act in connection with the arrest 34 and conviction for the offense for which he had been pardoned SB788 Enrolled -5- LRB093 03211 RLC 03228 b 1 but the order shall not affect any index issued by the 2 circuit court clerk before the entry of the order. All 3 records sealed by the Department may be disseminated by the 4 Department only as required by law or to the arresting 5 authority, the State's Attorney, and the court upon a later 6 arrest for the same or similar offense or for the purpose of 7 sentencing for any subsequent felony. Upon conviction for 8 any subsequent offense, the Department of Corrections shall 9 have access to all sealed records of the Department 10 pertaining to that individual. Upon entry of the order of 11 expungement, the clerk of the circuit court shall promptly 12 mail a copy of the order to the person who was pardoned. 13 (c-5) Whenever a person has been convicted of criminal 14 sexual assault, aggravated criminal sexual assault, predatory 15 criminal sexual assault of a child, criminal sexual abuse, or 16 aggravated criminal sexual abuse, the victim of that offense 17 may request that the State's Attorney of the county in which 18 the conviction occurred file a verified petition with the 19 presiding trial judge at the defendant's trial to have a 20 court order entered to seal the records of the clerk of the 21 circuit court in connection with the proceedings of the trial 22 court concerning that offense. However, the records of the 23 arresting authority and the Department of State Police 24 concerning the offense shall not be sealed. The court, upon 25 good cause shown, shall make the records of the clerk of the 26 circuit court in connection with the proceedings of the trial 27 court concerning the offense available for public inspection. 28 (d) Notice of the petition for subsections (a), (b), and 29 (c) shall be served upon the State's Attorney or prosecutor 30 charged with the duty of prosecuting the offense, the 31 Department of State Police, the arresting agency and the 32 chief legal officer of the unit of local government affecting 33 the arrest. Unless the State's Attorney or prosecutor, the 34 Department of State Police, the arresting agency or such SB788 Enrolled -6- LRB093 03211 RLC 03228 b 1 chief legal officer objects to the petition within 30 days 2 from the date of the notice, the court shall enter an order 3 granting or denying the petition. The clerk of the court 4 shall promptly mail a copy of the order to the person, the 5 arresting agency, the prosecutor, the Department of State 6 Police and such other criminal justice agencies as may be 7 ordered by the judge. 8 (e) Nothing herein shall prevent the Department of State 9 Police from maintaining all records of any person who is 10 admitted to probation upon terms and conditions and who 11 fulfills those terms and conditions pursuant to Section 10 of 12 the Cannabis Control Act, Section 410 of the Illinois 13 Controlled Substances Act, Section 12-4.3 of the Criminal 14 Code of 1961, Section 10-102 of the Illinois Alcoholism and 15 Other Drug Dependency Act, Section 40-10 of the Alcoholism 16 and Other Drug Abuse and Dependency Act, or Section 10 of the 17 Steroid Control Act. 18 (f) No court order issued pursuant to the expungement 19 provisions of this Section shall become final for purposes of 20 appeal until 30 days after notice is received by the 21 Department. Any court order contrary to the provisions of 22 this Section is void. 23 (g) Except as otherwise provided in subsection (c-5) of 24 this Section, the court shall not order the sealing or 25 expungement of the arrest records and records of the circuit 26 court clerk of any person granted supervision for or 27 convicted of any sexual offense committed against a minor 28 under 18 years of age. For the purposes of this Section, 29 "sexual offense committed against a minor" includes but is 30 not limited to the offenses of indecent solicitation of a 31 child or criminal sexual abuse when the victim of such 32 offense is under 18 years of age. 33 (h) (1) Notwithstanding any other provision of this Act 34 to the contrary and cumulative with any rights to expungement SB788 Enrolled -7- LRB093 03211 RLC 03228 b 1 of criminal records, whenever an adult or minor prosecuted as 2 an adult charged with a violation of a municipal ordinance or 3 a misdemeanor is acquitted or released without being 4 convicted, or if the person is convicted but the conviction 5 is reversed, or if the person has been placed on supervision 6 for a misdemeanor and has not been convicted of a felony or 7 misdemeanor or placed on supervision for a misdemeanor within 8 3 years after the acquittal or release or reversal of 9 conviction, or the completion of the terms and conditions of 10 the supervision, if the acquittal, release, finding of not 11 guilty, or reversal of conviction occurred on or after the 12 effective date of this amendatory Act of the 93rd General 13 Assembly, the Chief Judge of the circuit in which the charge 14 was brought may have the official records of the arresting 15 authority, the Department, and the clerk of the circuit court 16 sealed 3 years after the dismissal of the charge, the finding 17 of not guilty, the reversal of conviction, or the completion 18 of the terms and conditions of the supervision, except those 19 records are subject to inspection and use by the court for 20 the purposes of subsequent sentencing for misdemeanor and 21 felony violations and inspection and use by law enforcement 22 agencies and State's Attorneys or other prosecutors in 23 carrying out the duties of their offices. This subsection 24 (h) does not apply to persons placed on supervision for: (1) 25 a violation of Section 11-501 of the Illinois Vehicle Code or 26 a similar provision of a local ordinance; (2) a misdemeanor 27 violation of Article 11 of the Criminal Code of 1961 or a 28 similar provision of a local ordinance; (3) a misdemeanor 29 violation of Section 12-15, 12-30, or 26-5 of the Criminal 30 Code of 1961 or a similar provision of a local ordinance; (4) 31 a misdemeanor violation that is a crime of violence as 32 defined in Section 2 of the Crime Victims Compensation Act or 33 a similar provision of a local ordinance; (5) a Class A 34 misdemeanor violation of the Humane Care for Animals Act; or SB788 Enrolled -8- LRB093 03211 RLC 03228 b 1 (6) any offense or attempted offense that would subject a 2 person to registration under the Sex Offender Registration 3 Act. 4 (2) Upon acquittal, release without conviction, or being 5 placed on supervision, the person charged with the offense 6 shall be informed by the court of the right to have the 7 records sealed and the procedures for the sealing of the 8 records. Three years after the dismissal of the charge, the 9 finding of not guilty, the reversal of conviction, or the 10 completion of the terms and conditions of the supervision, 11 the defendant shall provide the clerk of the court with a 12 notice of request for sealing of records and payment of the 13 applicable fee and a current address and shall promptly 14 notify the clerk of the court of any change of address. The 15 clerk shall promptly serve notice that the person's records 16 are to be sealed on 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 effecting 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 sealing of the records within 23 90 days of notice the court shall enter an order sealing the 24 defendant's records 3 years after the dismissal of the 25 charge, the finding of not guilty, the reversal of 26 conviction, or the completion of the terms and conditions of 27 the supervision. The clerk of the court shall promptly serve 28 by mail or in person a copy of the order to the person, the 29 arresting agency, the prosecutor, the Department of State 30 Police and such other criminal justice agencies as may be 31 ordered by the judge. If an objection is filed, the court 32 shall set a date for hearing. At the hearing the court shall 33 hear evidence on whether the sealing of the records should or 34 should not be granted. SB788 Enrolled -9- LRB093 03211 RLC 03228 b 1 (3) The clerk may charge a fee equivalent to the cost 2 associated with the sealing of records by the clerk and the 3 Department of State Police. The clerk shall forward the 4 Department of State Police portion of the fee to the 5 Department and it shall be deposited into the State Police 6 Services Fund. 7 (4) Whenever sealing of records is required under this 8 subsection (h), the notification of the sealing must be given 9 by the circuit court where the arrest occurred to the 10 Department in a form and manner prescribed by the Department. 11 (5) An adult or a minor prosecuted as an adult who was 12 charged with a violation of a municipal ordinance or a 13 misdemeanor who was acquitted, released without being 14 convicted, convicted and the conviction was reversed, or 15 placed on supervision for a misdemeanor before the date of 16 this amendatory Act of the 93rd General Assembly and was not 17 convicted of a felony or misdemeanor or placed on supervision 18 for a misdemeanor for 3 years after the acquittal or release 19 or reversal of conviction, or completion of the terms and 20 conditions of the supervision may petition the Chief Judge of 21 the circuit in which the charge was brought, any judge of 22 that circuit in which the charge was brought, any judge of 23 the circuit designated by the Chief Judge, or, in counties of 24 less than 3,000,000 inhabitants, the presiding trial judge at 25 that defendant's trial, to seal the official records of the 26 arresting authority, the Department, and the clerk of the 27 court, except those records are subject to inspection and use 28 by the court for the purposes of subsequent sentencing for 29 misdemeanor and felony violations and inspection and use by 30 law enforcement agencies, the Department of Corrections, and 31 State's Attorneys and other prosecutors in carrying out the 32 duties of their offices. This subsection (h) does not apply 33 to persons placed on supervision for: (1) a violation of 34 Section 11-501 of the Illinois Vehicle Code or a similar SB788 Enrolled -10- LRB093 03211 RLC 03228 b 1 provision of a local ordinance; (2) a misdemeanor violation 2 of Article 11 of the Criminal Code of 1961 or a similar 3 provision of a local ordinance; (3) a misdemeanor violation 4 of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961 5 or a similar provision of a local ordinance; (4) a 6 misdemeanor violation that is a crime of violence as defined 7 in Section 2 of the Crime Victims Compensation Act or a 8 similar provision of a local ordinance; (5) a Class A 9 misdemeanor violation of the Humane Care for Animals Act; or 10 (6) any offense or attempted offense that would subject a 11 person to registration under the Sex Offender Registration 12 Act. The State's Attorney or prosecutor charged with the 13 duty of prosecuting the offense, the Department of State 14 Police, the arresting agency and the chief legal officer of 15 the unit of local government effecting the arrest shall be 16 served with a copy of the verified petition and shall have 90 17 days to object. If an objection is filed, the court shall set 18 a date for hearing. At the hearing the court shall hear 19 evidence on whether the sealing of the records should or 20 should not be granted. The person whose records are sealed 21 under the provisions of this Act shall pay to the clerk of 22 the court and the Department of State Police a fee equivalent 23 to the cost associated with the sealing of records. The fees 24 shall be paid to the clerk of the court who shall forward the 25 appropriate portion to the Department at the time the court 26 order to seal the defendant's record is forwarded to the 27 Department for processing. The Department of State Police 28 portion of the fee shall be deposited into the State Police 29 Services Fund. 30 (i) (1) Notwithstanding any other provision of this Act 31 to the contrary and cumulative with any rights to expungement 32 of criminal records, whenever an adult or minor prosecuted as 33 an adult charged with a violation of a municipal ordinance or 34 a misdemeanor is convicted of a misdemeanor and has not been SB788 Enrolled -11- LRB093 03211 RLC 03228 b 1 convicted of a felony or misdemeanor or placed on supervision 2 for a misdemeanor within 4 years after the completion of the 3 sentence, if the conviction occurred on or after the 4 effective date of this amendatory Act of the 93rd General 5 Assembly, the Chief Judge of the circuit in which the charge 6 was brought may have the official records of the arresting 7 authority, the Department, and the clerk of the circuit court 8 sealed 4 years after the completion of the sentence, except 9 those records are subject to inspection and use by the court 10 for the purposes of subsequent sentencing for misdemeanor and 11 felony violations and inspection and use by law enforcement 12 agencies and State's Attorneys or other prosecutors in 13 carrying out the duties of their offices. This subsection 14 (i) does not apply to persons convicted of: (1) a violation 15 of Section 11-501 of the Illinois Vehicle Code or a similar 16 provision of a local ordinance; (2) a misdemeanor violation 17 of Article 11 of the Criminal Code of 1961 or a similar 18 provision of a local ordinance; (3) a misdemeanor violation 19 of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961 20 or a similar provision of a local ordinance; (4) a 21 misdemeanor violation that is a crime of violence as defined 22 in Section 2 of the Crime Victims Compensation Act or a 23 similar provision of a local ordinance; (5) a Class A 24 misdemeanor violation of the Humane Care for Animals Act; or 25 (6) any offense or attempted offense that would subject a 26 person to registration under the Sex Offender Registration 27 Act. 28 (2) Upon the conviction of such offense, the person 29 charged with the offense shall be informed by the court of 30 the right to have the records sealed and the procedures for 31 the sealing of the records. Four years after the completion 32 of the sentence, the defendant shall provide the clerk of the 33 court with a notice of request for sealing of records and 34 payment of the applicable fee and a current address and shall SB788 Enrolled -12- LRB093 03211 RLC 03228 b 1 promptly notify the clerk of the court of any change of 2 address. The clerk shall promptly serve notice that the 3 person's records are to be sealed on the State's Attorney or 4 prosecutor charged with the duty of prosecuting the offense, 5 the Department of State Police, the arresting agency and the 6 chief legal officer of the unit of local government effecting 7 the arrest. Unless the State's Attorney or prosecutor, the 8 Department of State Police, the arresting agency or such 9 chief legal officer objects to sealing of the records within 10 90 days of notice the court shall enter an order sealing the 11 defendant's records 4 years after the completion of the 12 sentence. The clerk of the court shall promptly serve by mail 13 or in person a copy of the order to the person, the arresting 14 agency, the prosecutor, the Department of State Police and 15 such other criminal justice agencies as may be ordered by the 16 judge. If an objection is filed, the court shall set a date 17 for hearing. At the hearing the court shall hear evidence on 18 whether the sealing of the records should or should not be 19 granted. 20 (3) The clerk may charge a fee equivalent to the cost 21 associated with the sealing of records by the clerk and the 22 Department of State Police. The clerk shall forward the 23 Department of State Police portion of the fee to the 24 Department and it shall be deposited into the State Police 25 Services Fund. 26 (4) Whenever sealing of records is required under this 27 subsection (i), the notification of the sealing must be given 28 by the circuit court where the arrest occurred to the 29 Department in a form and manner prescribed by the Department. 30 (5) An adult or a minor prosecuted as an adult who was 31 charged with a violation of a municipal ordinance or a 32 misdemeanor who was convicted of a misdemeanor before the 33 date of this amendatory Act of the 93rd General Assembly and 34 was not convicted of a felony or misdemeanor or placed on SB788 Enrolled -13- LRB093 03211 RLC 03228 b 1 supervision for a misdemeanor for 4 years after the 2 completion of the sentence may petition the Chief Judge of 3 the circuit in which the charge was brought, any judge of 4 that circuit in which the charge was brought, any judge of 5 the circuit designated by the Chief Judge, or, in counties of 6 less than 3,000,000 inhabitants, the presiding trial judge at 7 that defendant's trial, to seal the official records of the 8 arresting authority, the Department, and the clerk of the 9 court, except those records are subject to inspection and use 10 by the court for the purposes of subsequent sentencing for 11 misdemeanor and felony violations and inspection and use by 12 law enforcement agencies, the Department of Corrections, and 13 State's Attorneys and other prosecutors in carrying out the 14 duties of their offices. This subsection (i) does not apply 15 to persons convicted of: (1) a violation of Section 11-501 of 16 the Illinois Vehicle Code or a similar provision of a local 17 ordinance; (2) a misdemeanor violation of Article 11 of the 18 Criminal Code of 1961 or a similar provision of a local 19 ordinance; (3) a misdemeanor violation of Section 12-15, 20 12-30, or 26-5 of the Criminal Code of 1961 or a similar 21 provision of a local ordinance; (4) a misdemeanor violation 22 that is a crime of violence as defined in Section 2 of the 23 Crime Victims Compensation Act or a similar provision of a 24 local ordinance; (5) a Class A misdemeanor violation of the 25 Humane Care for Animals Act; or (6) any offense or attempted 26 offense that would subject a person to registration under the 27 Sex Offender Registration Act. The State's Attorney or 28 prosecutor charged with the duty of prosecuting the offense, 29 the Department of State Police, the arresting agency and the 30 chief legal officer of the unit of local government effecting 31 the arrest shall be served with a copy of the verified 32 petition and shall have 90 days to object. If an objection is 33 filed, the court shall set a date for hearing. At the hearing 34 the court shall hear evidence on whether the sealing of the SB788 Enrolled -14- LRB093 03211 RLC 03228 b 1 records should or should not be granted. The person whose 2 records are sealed under the provisions of this Act shall pay 3 to the clerk of the court and the Department of State Police 4 a fee equivalent to the cost associated with the sealing of 5 records. The fees shall be paid to the clerk of the court who 6 shall forward the appropriate portion to the Department at 7 the time the court order to seal the defendant's record is 8 forwarded to the Department for processing. The Department of 9 State Police portion of the fee shall be deposited into the 10 State Police Services Fund. 11 (Source: P.A. 91-295, eff. 1-1-00; 91-357, eff. 7-29-99; 12 92-651, eff. 7-11-02.) 13 (20 ILCS 2630/11 new) 14 Sec. 11. Legal assistance and education. Subject to 15 appropriation, the State Appellate Defender shall establish, 16 maintain, and carry out a sealing and expungement program to 17 provide information to persons eligible to have their arrest 18 or criminal history records expunged or sealed. 19 (20 ILCS 2630/12 new) 20 Sec. 12. Entry of order; effect of expungement or 21 sealing. 22 (a) Except with respect to law enforcement agencies, the 23 Department of Corrections, State's Attorneys, or other 24 prosecutors, an expunged or sealed record may not be 25 considered by any private or public entity in employment 26 matters, certification, licensing, revocation of 27 certification or licensure, or registration. Applications for 28 employment must contain specific language which states that 29 the applicant is not obligated to disclose sealed or expunged 30 records of conviction or arrest. Employers may not ask if an 31 applicant has had records expunged or sealed. 32 (b) A person whose records have been sealed or expunged SB788 Enrolled -15- LRB093 03211 RLC 03228 b 1 is not entitled to remission of any fines, costs, or other 2 money paid as a consequence of the sealing or expungement. 3 This amendatory Act of the 93rd General Assembly does not 4 affect the right of the victim of a crime to prosecute or 5 defend a civil action for damages. Persons engaged in civil 6 litigation involving criminal records that have been sealed 7 may petition the court to open the records for the limited 8 purpose of using them in the course of litigation. 9 (20 ILCS 2630/13 new) 10 Sec. 13. Prohibited conduct; misdemeanor; penalty. 11 (a) The Department of State Police shall retain records 12 sealed under subsections (h) and (i) of Section 5. The sealed 13 records shall be used and disseminated by the Department only 14 as allowed by law. Upon conviction for any offense, the 15 Department of Corrections shall have access to all sealed 16 records of the Department pertaining to that individual. 17 (b) The sealed records maintained under subsection (a) 18 are exempt from disclosure under the Freedom of Information 19 Act.