SB3007 Engrossed

LRB093 21097 RLC 47145 b






1
    AN ACT concerning the sealing of criminal records.

 
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 as follows:
 



6
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)



7
    Sec. 5. Arrest reports; expungement. 

8
    (a) All policing bodies of this State shall furnish to the 
9
Department,
daily, in the form and detail the Department 
10
requires, fingerprints and
descriptions of all persons who are 
11
arrested on charges of violating any penal
statute of this 
12
State for offenses that are classified as felonies and Class
A 
13
or B misdemeanors and of all minors of the age of 10 and over 
14
who have been
arrested for an offense which would be a felony 
15
if committed by an adult, and
may forward such fingerprints and 
16
descriptions for minors arrested for Class A
or B misdemeanors.  
17
Moving or nonmoving traffic violations under the Illinois

18
Vehicle Code shall not be reported except for violations of 
19
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
20
addition, conservation offenses,
as defined in the Supreme 
21
Court Rule 501(c), that are classified as Class B
misdemeanors 
22
shall not be reported.

23
    Whenever an adult or minor prosecuted as an adult,
not 
24
having previously been convicted of any criminal offense or 
25
municipal
ordinance violation, charged with a violation of a 
26
municipal ordinance or a
felony or misdemeanor, is acquitted or 
27
released without being convicted,
whether the acquittal or 
28
release occurred before, on, or after the
effective date of 
29
this amendatory Act of 1991, the Chief Judge of the circuit

30
wherein the charge was brought, any judge of that circuit 
31
designated by the
Chief Judge, or in counties of less than 
32
3,000,000 inhabitants, the presiding
trial judge at the 
 


 






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1
defendant's trial may upon verified petition of the
defendant 
2
order the record of arrest expunged from the official records 
3
of the
arresting authority and the Department and order that 
4
the records of the clerk
of the circuit court be sealed until 
5
further order of the court upon good cause
shown and the name 
6
of the defendant obliterated on the official index required
to 
7
be kept by the circuit court clerk under Section 16 of the 
8
Clerks of Courts
Act, but the order shall not affect any index 
9
issued by the circuit court clerk
before the entry of the 
10
order.  The Department may charge the petitioner a fee

11
equivalent to the cost of processing any order to expunge or 
12
seal the records,
and the fee shall be deposited into the State 
13
Police Services Fund.  The
records of those arrests, however, 
14
that result in a disposition of
supervision for any offense 
15
shall not be expunged from the records of the
arresting 
16
authority or the Department nor impounded by the court until 2 
17
years
after discharge and dismissal of supervision.  Those 
18
records
that result from a supervision for a violation of 
19
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
20
Vehicle Code or a similar provision
of a local ordinance, or 
21
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
22
Criminal Code of 1961, or probation under Section 10 of the 
23
Cannabis
Control Act, Section 410 of the Illinois Controlled 
24
Substances Act, Section
12-4.3(b)(1) and (2) of the Criminal 
25
Code of 1961 (as those provisions
existed before their deletion 
26
by Public Act 89-313), Section 10-102 of the
Illinois 
27
Alcoholism and Other Drug Dependency Act when the judgment of

28
conviction has been vacated, Section 40-10 of the Alcoholism 
29
and Other Drug
Abuse and Dependency Act when the judgment of 
30
conviction has been vacated,
or Section 10 of the Steroid 
31
Control Act shall not be expunged from the records
of the 
32
arresting authority nor impounded by the court until 5 years 
33
after
termination of probation or supervision.  Those records 
34
that result from a
supervision for a violation of Section 
35
11-501 of the Illinois Vehicle Code or
a similar provision of a 
36
local ordinance, shall not be expunged.  All records
set out 
 


 






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1
above may be ordered by the court to be expunged from the 
2
records of
the arresting authority and impounded by the court 
3
after 5 years, but shall
not be expunged by the Department, but 
4
shall, on court order be sealed by the
Department and may be 
5
disseminated by the Department only as required by law or
to 
6
the arresting authority, the State's Attorney, and the court 
7
upon a later
arrest for the same or a similar offense or for 
8
the purpose of sentencing for
any subsequent felony.  Upon 
9
conviction for any offense, the Department of
Corrections shall 
10
have access to all sealed records of the Department
pertaining 
11
to that individual.

12
    (a-5) Those records maintained by the Department for 
13
persons arrested
prior to their 17th birthday shall be expunged 
14
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

15
    (b) Whenever a person has been convicted of a crime or of 
16
the violation of
a municipal ordinance, in the name of a person 
17
whose identity he has stolen
or otherwise come into possession 
18
of, the aggrieved person from whom the
identity was stolen or 
19
otherwise obtained without authorization, upon learning
of the 
20
person having been arrested using his identity, may, upon 
21
verified
petition to the chief judge of the circuit wherein the 
22
arrest was made,
have a court order entered nunc pro tunc by 
23
the chief judge to correct
the arrest record, conviction 
24
record, if any, and all official records of the
arresting 
25
authority, the Department, other criminal justice agencies, 
26
the
prosecutor, and the trial court concerning such arrest, if 
27
any, by removing his
name from all such records in connection 
28
with the arrest and conviction, if
any, and by inserting in the 
29
records the name of the offender, if known or
ascertainable, in 
30
lieu of the aggrieved's name.  The records of the
clerk of
the 
31
circuit court clerk shall be sealed until further order of the 
32
court upon
good cause shown and the name of the aggrieved 
33
person obliterated on the
official index required to be kept by 
34
the circuit court clerk under Section 16
of the Clerks of 
35
Courts Act, but the order shall not affect any index issued by

36
the circuit court clerk before the entry of the order.  Nothing 
 


 






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1
in this Section
shall limit the Department of State Police or 
2
other criminal justice agencies
or prosecutors from listing 
3
under an offender's name the false names he or she
has used.  
4
For purposes of this Section, convictions for moving and 
5
nonmoving
traffic violations other than convictions for 
6
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
7
the Illinois Vehicle Code shall not be a bar to
expunging the 
8
record of arrest and court records for
violation of a 
9
misdemeanor or municipal ordinance.

10
    (c) Whenever a person who has been convicted of an offense 
11
is granted
a pardon by the Governor which specifically 
12
authorizes expungement, he may,
upon verified petition to the 
13
chief judge of the circuit where the person had
been convicted, 
14
any judge of the circuit designated by the Chief Judge, or in

15
counties of less than 3,000,000 inhabitants, the presiding 
16
trial judge at the
defendant's trial, may have a court order 
17
entered expunging the record of
arrest from the official 
18
records of the arresting authority and order that the
records 
19
of the clerk of the circuit court and the Department be sealed 
20
until
further order of the court upon good cause shown or as 
21
otherwise provided
herein, and the name of the defendant 
22
obliterated from the official index
requested to be kept by the 
23
circuit court clerk under Section 16 of the Clerks
of Courts 
24
Act in connection with the arrest and conviction for the 
25
offense for
which he had been pardoned but the order shall not 
26
affect any index issued by
the circuit court clerk before the 
27
entry of the order.  All records sealed by
the Department may be 
28
disseminated by the Department only as required by law or
to 
29
the arresting authority, the State's Attorney, and the court 
30
upon a later
arrest for the same or similar offense or for the 
31
purpose of sentencing for any
subsequent felony.  Upon 
32
conviction for any subsequent offense, the Department
of 
33
Corrections shall have access to all sealed records of the 
34
Department
pertaining to that individual.  Upon entry of the 
35
order of expungement, the
clerk of the circuit court shall 
36
promptly mail a copy of the order to the
person who was 
 


 






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pardoned.

2
    (c-5) Whenever a person has been convicted of criminal 
3
sexual assault,
aggravated criminal sexual assault, predatory 
4
criminal sexual assault of a
child, criminal sexual abuse, or 
5
aggravated criminal sexual abuse, the victim
of that offense 
6
may request that the State's Attorney of the county in which

7
the conviction occurred file a verified petition with the 
8
presiding trial judge
at the defendant's trial to have a court 
9
order entered to seal the records of
the clerk of the circuit 
10
court in connection with the proceedings of the trial
court 
11
concerning that offense.  However, the records of the arresting 
12
authority
and the Department of State Police concerning the 
13
offense shall not be
sealed.  The court, upon good cause shown, 
14
shall make the records of the clerk
of the circuit court in 
15
connection with the proceedings of the trial court
concerning 
16
the offense available for public inspection.

17
    (c-6) If a conviction has been set aside on direct review 
18
or on
collateral attack
and the court determines by clear and 
19
convincing evidence that the defendant
was factually innocent 
20
of
the charge, the court shall enter an expungement order as 
21
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
22
of Corrections.

23
    (d) Notice of the petition for subsections (a), (b), and 
24
(c) shall be
served upon the State's Attorney or prosecutor 
25
charged with the duty
of prosecuting the offense, the 
26
Department of State Police, the arresting
agency and the chief 
27
legal officer of the unit of local government
affecting the 
28
arrest.  Unless the State's Attorney or prosecutor, the

29
Department of State Police, the arresting agency or such chief 
30
legal officer
objects to the petition within 30 days from the 
31
date of the notice, the
court shall enter an order granting or 
32
denying the petition. The clerk
of the court shall promptly 
33
mail a copy of the order to the person, the
arresting agency, 
34
the prosecutor, the Department of State Police and such
other 
35
criminal justice agencies as may be ordered by the judge.

36
    (e) Nothing herein shall prevent the Department of State 
 


 






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1
Police from
maintaining all records of any person who is 
2
admitted to probation upon
terms and conditions and who 
3
fulfills those terms and conditions pursuant
to Section 10 of 
4
the Cannabis Control Act, Section 410 of the Illinois

5
Controlled Substances Act, Section 12-4.3 of the Criminal Code

6
of 1961, Section 10-102 of the Illinois Alcoholism and Other 
7
Drug
Dependency Act, Section 40-10 of the Alcoholism and Other 
8
Drug Abuse and
Dependency Act, or Section 10 of the Steroid 
9
Control Act. 

10
    (f) No court order issued under
pursuant to the expungement 
11
provisions of this
Section shall become final for purposes of 
12
appeal until 30 days after
notice is received by the 
13
Department.  Any court order contrary to the
provisions of this 
14
Section is void.

15
    (g) Except as otherwise provided in subsection (c-5) of 
16
this Section,
the court shall not order the sealing or 
17
expungement of the arrest
records and records of the circuit 
18
court clerk of any person granted
supervision for or convicted 
19
of any sexual offense committed against a minor
under 18 years 
20
of age.  For the purposes of this Section, "sexual offense

21
committed against a minor" includes but is not limited to the 
22
offenses of
indecent solicitation of a child or criminal sexual 
23
abuse when the victim of
such offense is under 18 years of age.

24
    (h) (1) Notwithstanding any other provision of this Act to 
25
the contrary
and cumulative with any rights to expungement of 
26
criminal
records, whenever an adult or minor prosecuted as an 
27
adult charged with a
violation of a municipal ordinance or a 
28
misdemeanor is acquitted or released
without being convicted, 
29
or if the person is convicted but the conviction is
reversed, 
30
or if the person has
been placed on supervision for a 
31
misdemeanor and has not been
convicted of a felony or 
32
misdemeanor or placed on supervision for a
misdemeanor within 3 
33
years after the acquittal or release or reversal of
conviction, 
34
or the
completion of the terms and conditions of the 
35
supervision, if the
acquittal, release, finding of not guilty, 
36
or reversal of conviction occurred
on
or
after the
effective 
 


 






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1
date of this amendatory Act of the 93rd General Assembly, the

2
Chief Judge of the circuit in which the charge was brought may 
3
have the
official records of the arresting authority, the

4
Department, and the clerk of the circuit court sealed 3 years 
5
after the
dismissal of the charge, the finding of not guilty, 
6
the reversal of conviction,
or the
completion of the terms and 
7
conditions of the supervision,
except those records are subject 
8
to inspection and use by the court for the
purposes of 
9
subsequent sentencing for misdemeanor and felony violations 
10
and
inspection and use by law enforcement agencies and State's 
11
Attorneys or other
prosecutors in carrying out the duties of 
12
their offices.
Except as otherwise provided in subsection (j), 
13
this
This subsection (h) does not apply to persons placed on

14
supervision for:
(1) a violation of Section 11-501 of the 
15
Illinois Vehicle
Code or a similar provision of a local 
16
ordinance; (2) a misdemeanor
violation of Article 11 of the 
17
Criminal Code of 1961 or a similar provision of
a
local 
18
ordinance; (3) a misdemeanor
violation of Section 12-15, 12-30, 
19
or 26-5 of the Criminal Code of 1961 or a
similar
provision of 
20
a local ordinance; (4) a
misdemeanor violation that is a crime 
21
of violence as defined in Section 2 of
the Crime Victims 
22
Compensation Act or a similar provision of a local ordinance;

23
(5) a Class A misdemeanor violation of the Humane Care for 
24
Animals Act; or
(6) any offense or attempted offense that would 
25
subject a person to
registration under the Sex Offender 
26
Registration Act.

27
    (2) Upon acquittal, release without conviction, or being 
28
placed on
supervision,
the person charged with the offense 
29
shall be informed by the court of the right
to have the records 
30
sealed and the procedures for the sealing of the records.
Three 
31
years after the dismissal of the charge, the finding of not 
32
guilty, the
reversal of conviction, or the completion of the 
33
terms and
conditions of the supervision, the defendant
shall 
34
provide the clerk of the
court with a notice of request for 
35
sealing of records and payment of the
applicable fee and a 
36
current
address and shall promptly notify the clerk of the 
 


 






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1
court
of any change of address. The clerk shall promptly serve 
2
notice that the
person's records are to be sealed on the 
3
State's Attorney or prosecutor charged
with the
duty of 
4
prosecuting the offense, the Department of State Police, the

5
arresting agency and the chief legal officer of the unit of 
6
local
government effecting the arrest.
Unless the State's 
7
Attorney or prosecutor, the Department of
State Police, the 
8
arresting agency or such chief legal officer objects to
sealing 
9
of the records within 90 days of notice
the court shall enter 
10
an
order sealing the defendant's records 3 years after the 
11
dismissal of the
charge, the finding of not guilty, the 
12
reversal of conviction, or the
completion of the terms and 
13
conditions of the supervision.
The clerk of the court shall 
14
promptly serve by mail or in person a copy of the
order to the 
15
person,
the arresting agency, the prosecutor, the Department of

16
State Police and such other criminal justice agencies as may be 
17
ordered
by the judge. If an objection is filed, the court shall 
18
set a date for hearing.
At
the hearing the court shall hear 
19
evidence on whether the sealing of the
records should or should 
20
not be granted.

21
    (3) The clerk may charge
a fee equivalent to the cost 
22
associated with the sealing
of records by the clerk and the 
23
Department of State Police.
The clerk shall forward the 
24
Department of State Police portion of the fee to
the Department 
25
and it shall be
deposited into the State Police Services Fund.

26
    (4) Whenever sealing of records is required under this

27
subsection (h), 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 acquitted,
released without being 
33
convicted, convicted and the conviction was
reversed, or placed 
34
on supervision for a
misdemeanor before the date of this 
35
amendatory Act of the 93rd General
Assembly and was not 
36
convicted of a felony or misdemeanor or placed on
supervision 
 


 






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1
for a misdemeanor for 3 years after the acquittal or release or

2
reversal of conviction, or completion of the
terms and 
3
conditions of the supervision may petition the Chief Judge of 
4
the
circuit in which the charge was brought, any judge of that 
5
circuit in which
the charge was brought, any judge of the 
6
circuit designated by the Chief
Judge, or, in counties of less 
7
than 3,000,000 inhabitants, the presiding trial
judge at that 
8
defendant's trial, to seal the official records of the 
9
arresting
authority, the Department, and the clerk of the 
10
court, except those records
are subject to inspection and use 
11
by the court for the purposes of subsequent
sentencing for 
12
misdemeanor and felony violations and inspection and use by
law 
13
enforcement agencies, the Department of Corrections, and 
14
State's
Attorneys and other prosecutors in carrying out the 
15
duties of their offices.
Except as otherwise provided in 
16
subsection (j), this
This subsection (h) does not apply to 
17
persons placed on
supervision for: (1) a violation of Section 
18
11-501 of the Illinois Vehicle
Code or a similar provision of a 
19
local ordinance; (2) a misdemeanor
violation of Article 11 of 
20
the Criminal Code of 1961 or a similar provision
of a local 
21
ordinance; (3) a misdemeanor violation of Section 12-15, 12-30, 
22
or
26-5 of the Criminal Code of 1961 or a similar provision of 
23
a local ordinance;
(4) a misdemeanor violation that is a crime 
24
of violence as defined in
Section
2 of the Crime Victims 
25
Compensation Act or a similar provision of a local
ordinance; 
26
(5) a Class A misdemeanor violation of the Humane Care for

27
Animals Act; or (6) any offense or attempted offense that would 
28
subject a
person to registration under the Sex Offender 
29
Registration Act.
 The State's Attorney or prosecutor charged 
30
with the duty of
prosecuting the offense, the Department of 
31
State Police, the arresting agency
and the chief legal officer 
32
of the unit of local government effecting the
arrest
shall be 
33
served with a copy of the verified petition and shall have 90 
34
days to
object. If an objection is filed, the court shall set a 
35
date for hearing. At
the
hearing the court shall hear evidence 
36
on whether the sealing of the records
should or should not be 
 


 






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1
granted. The person whose records are sealed under
the 
2
provisions of this Act shall pay to the clerk of the court and 
3
the
Department of State Police a fee equivalent to the cost 
4
associated
with the sealing of records. The fees shall be paid 
5
to the clerk of the court
who shall forward the appropriate 
6
portion to the Department at the time the
court order to seal

7
the defendant's record is forwarded to the Department for

8
processing. The Department of State Police portion of the fee 
9
shall be
deposited into the
State Police Services Fund.

10
    (i) (1) Notwithstanding any other provision of this Act to 
11
the contrary
and cumulative with any rights to expungement of 
12
criminal
records, whenever an adult or minor prosecuted as an 
13
adult charged with a
violation of a municipal ordinance or a 
14
misdemeanor is convicted of
a misdemeanor and has not been

15
convicted of a felony or misdemeanor or placed on supervision 
16
for a
misdemeanor within 4 years after the
completion of the 
17
sentence, if the
conviction occurred on
or
after the
effective 
18
date of this amendatory Act of the 93rd General Assembly, the

19
Chief Judge of the circuit in which the charge was brought may 
20
have the
official records of the arresting authority, the

21
Department, and the clerk of the circuit court sealed 4 years 
22
after the
completion of the sentence,
except those records are 
23
subject to inspection and use by the court for the
purposes of 
24
subsequent sentencing for misdemeanor and felony violations 
25
and
inspection and use by law enforcement agencies and State's 
26
Attorneys or other
prosecutors in carrying out the duties of 
27
their offices.
Except as otherwise provided in subsection (j), 
28
this
This subsection (i) does not apply to persons convicted 
29
of:
(1) a violation of Section 11-501 of the Illinois Vehicle

30
Code or a similar provision of a local ordinance; (2) a 
31
misdemeanor
violation of Article 11 of the Criminal Code of 
32
1961 or a similar provision of
a
local ordinance; (3) a 
33
misdemeanor
violation of Section 12-15, 12-30, or 26-5 of the 
34
Criminal Code of 1961 or a
similar
provision of a local 
35
ordinance; (4) a
misdemeanor violation that is a crime of 
36
violence as defined in Section 2 of
the Crime Victims 
 


 






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1
Compensation Act or a similar provision of a local ordinance;

2
(5) a Class A misdemeanor violation of the Humane Care for 
3
Animals Act; or
(6) any offense or attempted offense that would 
4
subject a person to
registration under the Sex Offender 
5
Registration Act.

6
    (2) Upon the conviction of such offense,
the person charged 
7
with the offense shall be informed by the court of the right
to 
8
have the records sealed and the procedures for the sealing of 
9
the records.
Four years after the
completion of the sentence, 
10
the defendant
shall provide the clerk of the
court with a 
11
notice of request for sealing of records and payment of the

12
applicable fee and a current
address and shall promptly notify 
13
the clerk of the court
of any change of address. The clerk 
14
shall promptly serve notice that the
person's records are to be 
15
sealed on the State's Attorney or prosecutor charged
with the

16
duty of prosecuting the offense, the Department of State 
17
Police, the
arresting agency and the chief legal officer of the 
18
unit of local
government effecting the arrest.
Unless the 
19
State's Attorney or prosecutor, the Department of
State Police, 
20
the arresting agency or such chief legal officer objects to

21
sealing of the records within 90 days of notice
the court shall 
22
enter an
order sealing the defendant's records 4 years after 
23
the
completion of the sentence.
The clerk of the court shall 
24
promptly serve by mail or in person a copy of the
order to the 
25
person,
the arresting agency, the prosecutor, the Department of

26
State Police and such other criminal justice agencies as may be 
27
ordered
by the judge. If an objection is filed, the court shall 
28
set a date for hearing.
At
the hearing the court shall hear 
29
evidence on whether the sealing of the
records should or should 
30
not be granted.

31
    (3) The clerk may charge
a fee equivalent to the cost 
32
associated with the sealing
of records by the clerk and the 
33
Department of State Police.
The clerk shall forward the 
34
Department of State Police portion of the fee to
the Department 
35
and it shall be
deposited into the State Police Services Fund.

36
    (4) Whenever sealing of records is required under this

 


 






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1
subsection (i), the notification of the sealing must be given 
2
by the circuit
court where the arrest occurred to the 
3
Department in a form and manner
prescribed by the Department.

4
    (5) An adult or a minor prosecuted as an adult who was 
5
charged with a
violation of a municipal ordinance or a 
6
misdemeanor who was convicted of a
misdemeanor
before the date 
7
of this amendatory Act of the 93rd General
Assembly and was not 
8
convicted of a felony or misdemeanor or placed on
supervision 
9
for a misdemeanor for 4 years after the completion of the 
10
sentence
may petition the Chief Judge of the
circuit in which 
11
the charge was brought, any judge of that circuit in which
the 
12
charge was brought, any judge of the circuit designated by the 
13
Chief
Judge, or, in counties of less than 3,000,000 
14
inhabitants, the presiding trial
judge at that defendant's 
15
trial, to seal the official records of the arresting
authority, 
16
the Department, and the clerk of the court, except those 
17
records
are subject to inspection and use by the court for the 
18
purposes of subsequent
sentencing for misdemeanor and felony 
19
violations and inspection and use by
law enforcement agencies, 
20
the Department of Corrections, and State's
Attorneys and other 
21
prosecutors in carrying out the duties of their offices.
Except 
22
as otherwise provided in subsection (j), this
This subsection 
23
(i) does not apply to persons convicted of: (1) a violation of

24
Section 11-501 of the Illinois Vehicle
Code or a similar 
25
provision of a local ordinance; (2) a misdemeanor
violation of 
26
Article 11 of the Criminal Code of 1961 or a similar provision

27
of a local ordinance; (3) a misdemeanor violation of Section 
28
12-15, 12-30, or
26-5 of the Criminal Code of 1961 or a similar 
29
provision of a local ordinance;
(4) a misdemeanor violation 
30
that is a crime of violence as defined in
Section
2 of the 
31
Crime Victims Compensation Act or a similar provision of a 
32
local
ordinance; (5) a Class A misdemeanor violation of the 
33
Humane Care for
Animals Act; or (6) any offense or attempted 
34
offense that would subject a
person to registration under the 
35
Sex Offender Registration Act.
 The State's Attorney or 
36
prosecutor charged with the duty of
prosecuting the offense, 
 


 






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1
the Department of State Police, the arresting agency
and the 
2
chief legal officer of the unit of local government effecting 
3
the
arrest
shall be served with a copy of the verified petition 
4
and shall have 90 days to
object. If an objection is filed, the 
5
court shall set a date for hearing. At
the
hearing the court 
6
shall hear evidence on whether the sealing of the records

7
should or should not be granted. The person whose records are 
8
sealed under
the provisions of this Act shall pay to the clerk 
9
of the court and the
Department of State Police a fee 
10
equivalent to the cost associated
with the sealing of records. 
11
The fees shall be paid to the clerk of the court
who shall 
12
forward the appropriate portion to the Department at the time 
13
the
court order to seal
the defendant's record is forwarded to 
14
the Department for
processing. The Department of State Police 
15
portion of the fee shall be
deposited into the
State Police 
16
Services Fund.

17
    (j) Subsections (h) and (i) apply to a person placed on 
18
supervision for a  misdemeanor violation of or who is convicted 
19
of a misdemeanor or felony violation of Section 11-14 of the 
20
Criminal Code of 1961, a misdemeanor or Class 4 felony 
21
violation of Section 4 of the Cannabis Control Act, or a 
22
misdemeanor or Class 4 felony violation of Section 402 of the 
23
Illinois Controlled Substances Act or who is acquitted or 
24
released
without being convicted, or whose conviction is

25
reversed for any of those offenses provided that the other 
26
requirements of subsection (h) or (i) are met.
27
    (k) The Illinois Department of Corrections, in cooperation 
28
with the Illinois Department of Employment Security, shall 
29
conduct a blind study utilizing a random sample of those who 
30
apply for the sealing of their criminal records  under Public 
31
Act 93-211. The random sample shall be large enough to have a 
32
margin of error of 3% or less. Utilizing the random sample of 
33
those who applied for the sealing of their criminal records 
34
under Public Act 93-211, the study shall determine for each 
35
subject the following: (i) how soon they applied for work after 
36
their release and how many times they applied for employment at 
 


 






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1
different entities as reported to the Illinois Department of 
2
Employment Security; (ii) how soon they applied for work after 
3
having their records sealed and how many times they applied for 
4
employment at different entities as reported to the Illinois 
5
Department of Employment Security; (iii) their employment 
6
history following their release; and (iv) their employment 
7
history following the sealing of their records.
In addition, if 
8
the subjects were recidivist, the study shall note: (i) when 
9
they were arrested following their release; (ii) when they were 
10
arrested following the sealing of the criminal records; (iii) 
11
how often they were arrested; (iv) what they were arrested for 
12
and  what they were charged with; (v) what sentence they 
13
received, if any; and (vi) how long they were re-incarcerated, 
14
if at all.

The study shall be delivered to the chairpersons of 
15
the House and Senate Judiciary Committees no later than 
16
September 1, 2006.

17
(Source: P.A. 92-651, eff.
7-11-02; 93-210, eff. 7-18-03; 
18
93-211, eff. 1-1-04; revised 8-25-03.)