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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Identification Act is amended by | ||||||||||||||||||||||||||||
5 | changing Section 5 and by adding Sections 0.02 and 6 as | ||||||||||||||||||||||||||||
6 | follows: | ||||||||||||||||||||||||||||
7 | (20 ILCS 2630/0.02 new) | ||||||||||||||||||||||||||||
8 | Sec. 0.02. Definitions. In this Act, words and phrases have | ||||||||||||||||||||||||||||
9 | the meanings set forth in this Section, except when a | ||||||||||||||||||||||||||||
10 | particular context clearly requires a different meaning. | ||||||||||||||||||||||||||||
11 | "Defendant" means an adult or a minor prosecuted as an | ||||||||||||||||||||||||||||
12 | adult. | ||||||||||||||||||||||||||||
13 | "Expunge" means that all criminal records are physically | ||||||||||||||||||||||||||||
14 | destroyed or the defendant's name obliterated from any official | ||||||||||||||||||||||||||||
15 | index or public record, or both. | ||||||||||||||||||||||||||||
16 | "Records" means all documentation that any agency has | ||||||||||||||||||||||||||||
17 | regarding any report or
arrest for any municipal ordinance | ||||||||||||||||||||||||||||
18 | violation, misdemeanor or felony. Such documentation includes | ||||||||||||||||||||||||||||
19 | but shall not be limited to incident reports, police reports, | ||||||||||||||||||||||||||||
20 | fingerprints, booking photos, names, addresses, the records of | ||||||||||||||||||||||||||||
21 | the circuit clerk and official indexes. Such documentation does | ||||||||||||||||||||||||||||
22 | not include orders of protection. | ||||||||||||||||||||||||||||
23 | "Seal" means that the criminal records shall be physically |
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| |||||||
1 | and electronically maintained by each agency but shall be | ||||||
2 | unavailable without a court order, subject to the exceptions in | ||||||
3 | Sections 12 and 13 of this Act. The defendant's name shall be | ||||||
4 | removed from the official index or public record. | ||||||
5 | "Sexual offense committed against a minor" includes but is | ||||||
6 | not limited to the offenses of indecent solicitation of a child | ||||||
7 | or criminal sexual abuse when the victim of such offense is | ||||||
8 | under 18 years of age.
| ||||||
9 | (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
| ||||||
10 | Sec. 5. Arrest reports ; expungement .
| ||||||
11 | (a) All policing bodies of this State shall furnish to the | ||||||
12 | Department,
daily, in the form and detail the Department | ||||||
13 | requires, fingerprints and
descriptions of all persons who are | ||||||
14 | arrested on charges of violating any penal
statute of this | ||||||
15 | State for offenses that are classified as felonies and Class
A | ||||||
16 | or B misdemeanors and of all minors of the age of 10 and over | ||||||
17 | who have been
arrested for an offense which would be a felony | ||||||
18 | if committed by an adult, and
may forward such fingerprints and | ||||||
19 | descriptions for minors arrested for Class A
or B misdemeanors. | ||||||
20 | Moving or nonmoving traffic violations under the Illinois
| ||||||
21 | Vehicle Code shall not be reported except for violations of | ||||||
22 | Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In | ||||||
23 | addition, conservation offenses,
as defined in the Supreme | ||||||
24 | Court Rule 501(c), that are classified as Class B
misdemeanors | ||||||
25 | shall not be reported.
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| |||||||
1 | Whenever an adult or minor prosecuted as an adult,
not | ||||||
2 | having previously been convicted of any criminal offense or | ||||||
3 | municipal
ordinance violation, charged with a violation of a | ||||||
4 | municipal ordinance or a
felony or misdemeanor, is acquitted or | ||||||
5 | released without being convicted,
whether the acquittal or | ||||||
6 | release occurred before, on, or after the
effective date of | ||||||
7 | this amendatory Act of 1991, the Chief Judge of the circuit
| ||||||
8 | wherein the charge was brought, any judge of that circuit | ||||||
9 | designated by the
Chief Judge, or in counties of less than | ||||||
10 | 3,000,000 inhabitants, the presiding
trial judge at the | ||||||
11 | defendant's trial may upon verified petition of the
defendant | ||||||
12 | order the record of arrest expunged from the official records | ||||||
13 | of the
arresting authority and the Department and order that | ||||||
14 | the records of the clerk
of the circuit court be sealed until | ||||||
15 | further order of the court upon good cause
shown and the name | ||||||
16 | of the defendant obliterated on the official index required
to | ||||||
17 | be kept by the circuit court clerk under Section 16 of the | ||||||
18 | Clerks of Courts
Act, but the order shall not affect any index | ||||||
19 | issued by the circuit court clerk
before the entry of the | ||||||
20 | order. The Department may charge the petitioner a fee
| ||||||
21 | equivalent to the cost of processing any order to expunge or | ||||||
22 | seal the records,
and the fee shall be deposited into the State | ||||||
23 | Police Services Fund. The
records of those arrests, however, | ||||||
24 | that result in a disposition of
supervision for any offense | ||||||
25 | shall not be expunged from the records of the
arresting | ||||||
26 | authority or the Department nor impounded by the court until 2 |
| |||||||
| |||||||
1 | years
after discharge and dismissal of supervision. Those | ||||||
2 | records
that result from a supervision for a violation of | ||||||
3 | Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois | ||||||
4 | Vehicle Code or a similar provision
of a local ordinance, or | ||||||
5 | for a violation of Section 12-3.2, 12-15 or 16A-3
of the | ||||||
6 | Criminal Code of 1961, or probation under Section 10 of the | ||||||
7 | Cannabis
Control Act, Section 410 of the Illinois Controlled | ||||||
8 | Substances Act, Section 70 of the Methamphetamine Control and | ||||||
9 | Community Protection Act, Section
12-4.3(b)(1) and (2) of the | ||||||
10 | Criminal Code of 1961 (as those provisions
existed before their | ||||||
11 | deletion by Public Act 89-313), Section 10-102 of the
Illinois | ||||||
12 | Alcoholism and Other Drug Dependency Act when the judgment of
| ||||||
13 | conviction has been vacated, Section 40-10 of the Alcoholism | ||||||
14 | and Other Drug
Abuse and Dependency Act when the judgment of | ||||||
15 | conviction has been vacated,
or Section 10 of the Steroid | ||||||
16 | Control Act shall not be expunged from the records
of the | ||||||
17 | arresting authority nor impounded by the court until 5 years | ||||||
18 | after
termination of probation or supervision. Those records | ||||||
19 | that result from a
supervision for a violation of Section | ||||||
20 | 11-501 of the Illinois Vehicle Code or
a similar provision of a | ||||||
21 | local ordinance, shall not be expunged. All records
set out | ||||||
22 | above may be ordered by the court to be expunged from the | ||||||
23 | records of
the arresting authority and impounded by the court | ||||||
24 | after 5 years, but shall
not be expunged by the Department, but | ||||||
25 | shall, on court order be sealed by the
Department and may be | ||||||
26 | disseminated by the Department only as required by law or
to |
| |||||||
| |||||||
1 | the arresting authority, the State's Attorney, and the court | ||||||
2 | upon a later
arrest for the same or a similar offense or for | ||||||
3 | the purpose of sentencing for
any subsequent felony. Upon | ||||||
4 | conviction for any offense, the Department of
Corrections shall | ||||||
5 | have access to all sealed records of the Department
pertaining | ||||||
6 | to that individual.
| ||||||
7 | (a-5) Those records maintained by the Department for | ||||||
8 | persons arrested
prior to their 17th birthday shall be expunged | ||||||
9 | as provided in Section 5-915 of
the Juvenile Court Act of 1987.
| ||||||
10 | (b) Whenever a person has been convicted of a crime or of | ||||||
11 | the violation of
a municipal ordinance, in the name of a person | ||||||
12 | whose identity he has stolen
or otherwise come into possession | ||||||
13 | of, the aggrieved person from whom the
identity was stolen or | ||||||
14 | otherwise obtained without authorization, upon learning
of the | ||||||
15 | person having been arrested using his identity, may, upon | ||||||
16 | verified
petition to the chief judge of the circuit wherein the | ||||||
17 | arrest was made,
have a court order entered nunc pro tunc by | ||||||
18 | the chief judge to correct
the arrest record, conviction | ||||||
19 | record, if any, and all official records of the
arresting | ||||||
20 | authority, the Department, other criminal justice agencies, | ||||||
21 | the
prosecutor, and the trial court concerning such arrest, if | ||||||
22 | any, by removing his
name from all such records in connection | ||||||
23 | with the arrest and conviction, if
any, and by inserting in the | ||||||
24 | records the name of the offender, if known or
ascertainable, in | ||||||
25 | lieu of the aggrieved's name. The records of the
clerk of
the | ||||||
26 | circuit court clerk shall be sealed until further order of the |
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| |||||||
1 | court upon
good cause shown and the name of the aggrieved | ||||||
2 | person obliterated on the
official index required to be kept by | ||||||
3 | the circuit court clerk under Section 16
of the Clerks of | ||||||
4 | Courts Act, but the order shall not affect any index issued by
| ||||||
5 | the circuit court clerk before the entry of the order. Nothing | ||||||
6 | in this Section
shall limit the Department of State Police or | ||||||
7 | other criminal justice agencies
or prosecutors from listing | ||||||
8 | under an offender's name the false names he or she
has used. | ||||||
9 | For purposes of this Section, convictions for moving and | ||||||
10 | nonmoving
traffic violations other than convictions for | ||||||
11 | violations of Chapter 4, Section
11-204.1 or Section 11-501 of | ||||||
12 | the Illinois Vehicle Code shall not be a bar to
expunging the | ||||||
13 | record of arrest and court records for
violation of a | ||||||
14 | misdemeanor or municipal ordinance.
| ||||||
15 | (c) Whenever a person who has been convicted of an offense | ||||||
16 | is granted
a pardon by the Governor which specifically | ||||||
17 | authorizes expungement, he may,
upon verified petition to the | ||||||
18 | chief judge of the circuit where the person had
been convicted, | ||||||
19 | any judge of the circuit designated by the Chief Judge, or in
| ||||||
20 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
21 | trial judge at the
defendant's trial, may have a court order | ||||||
22 | entered expunging the record of
arrest from the official | ||||||
23 | records of the arresting authority and order that the
records | ||||||
24 | of the clerk of the circuit court and the Department be sealed | ||||||
25 | until
further order of the court upon good cause shown or as | ||||||
26 | otherwise provided
herein, and the name of the defendant |
| |||||||
| |||||||
1 | obliterated from the official index
requested to be kept by the | ||||||
2 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
3 | Act in connection with the arrest and conviction for the | ||||||
4 | offense for
which he had been pardoned but the order shall not | ||||||
5 | affect any index issued by
the circuit court clerk before the | ||||||
6 | entry of the order. All records sealed by
the Department may be | ||||||
7 | disseminated by the Department only as required by law or
to | ||||||
8 | the arresting authority, the State's Attorney, and the court | ||||||
9 | upon a later
arrest for the same or similar offense or for the | ||||||
10 | purpose of sentencing for any
subsequent felony. Upon | ||||||
11 | conviction for any subsequent offense, the Department
of | ||||||
12 | Corrections shall have access to all sealed records of the | ||||||
13 | Department
pertaining to that individual. Upon entry of the | ||||||
14 | order of expungement, the
clerk of the circuit court shall | ||||||
15 | promptly mail a copy of the order to the
person who was | ||||||
16 | pardoned.
| ||||||
17 | (c-5) Whenever a person has been convicted of criminal | ||||||
18 | sexual assault,
aggravated criminal sexual assault, predatory | ||||||
19 | criminal sexual assault of a
child, criminal sexual abuse, or | ||||||
20 | aggravated criminal sexual abuse, the victim
of that offense | ||||||
21 | may request that the State's Attorney of the county in which
| ||||||
22 | the conviction occurred file a verified petition with the | ||||||
23 | presiding trial judge
at the defendant's trial to have a court | ||||||
24 | order entered to seal the records of
the clerk of the circuit | ||||||
25 | court in connection with the proceedings of the trial
court | ||||||
26 | concerning that offense. However, the records of the arresting |
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| |||||||
1 | authority
and the Department of State Police concerning the | ||||||
2 | offense shall not be
sealed. The court, upon good cause shown, | ||||||
3 | shall make the records of the clerk
of the circuit court in | ||||||
4 | connection with the proceedings of the trial court
concerning | ||||||
5 | the offense available for public inspection.
| ||||||
6 | (c-6) If a conviction has been set aside on direct review | ||||||
7 | or on
collateral attack
and the court determines by clear and | ||||||
8 | convincing evidence that the defendant
was factually innocent | ||||||
9 | of
the charge, the court shall enter an expungement order as | ||||||
10 | provided in
subsection (b) of Section 5-5-4
of the Unified Code | ||||||
11 | of Corrections.
| ||||||
12 | (d) Notice of the petition for subsections (a), (b), and | ||||||
13 | (c) shall be
served upon the State's Attorney or prosecutor | ||||||
14 | charged with the duty
of prosecuting the offense, the | ||||||
15 | Department of State Police, the arresting
agency and the chief | ||||||
16 | legal officer of the unit of local government
affecting the | ||||||
17 | arrest. Unless the State's Attorney or prosecutor, the
| ||||||
18 | Department of State Police, the arresting agency or such chief | ||||||
19 | legal officer
objects to the petition within 30 days from the | ||||||
20 | date of the notice, the
court shall enter an order granting or | ||||||
21 | denying the petition. The clerk
of the court shall promptly | ||||||
22 | mail a copy of the order to the person, the
arresting agency, | ||||||
23 | the prosecutor, the Department of State Police and such
other | ||||||
24 | criminal justice agencies as may be ordered by the judge.
| ||||||
25 | (e) Nothing herein shall prevent the Department of State | ||||||
26 | Police from
maintaining all records of any person who is |
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| |||||||
1 | admitted to probation upon
terms and conditions and who | ||||||
2 | fulfills those terms and conditions pursuant
to Section 10 of | ||||||
3 | the Cannabis Control Act, Section 410 of the Illinois
| ||||||
4 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
5 | Control and Community Protection Act, Section 12-4.3 of the | ||||||
6 | Criminal Code
of 1961, Section 10-102 of the Illinois | ||||||
7 | Alcoholism and Other Drug
Dependency Act, Section 40-10 of the | ||||||
8 | Alcoholism and Other Drug Abuse and
Dependency Act, or Section | ||||||
9 | 10 of the Steroid Control Act.
| ||||||
10 | (f) No court order issued under the expungement provisions | ||||||
11 | of this
Section shall become final for purposes of appeal until | ||||||
12 | 30 days after
notice is received by the Department. Any court | ||||||
13 | order contrary to the
provisions of this Section is void.
| ||||||
14 | (g) Except as otherwise provided in subsection (c-5) of | ||||||
15 | this Section,
the court shall not order the sealing or | ||||||
16 | expungement of the arrest
records and records of the circuit | ||||||
17 | court clerk of any person granted
supervision for or convicted | ||||||
18 | of any sexual offense committed against a minor
under 18 years | ||||||
19 | of age. For the purposes of this Section, "sexual offense
| ||||||
20 | committed against a minor" includes but is not limited to the | ||||||
21 | offenses of
indecent solicitation of a child or criminal sexual | ||||||
22 | abuse when the victim of
such offense is under 18 years of age.
| ||||||
23 | (h) (1) Applicability. Notwithstanding any other provision | ||||||
24 | of this Act to the contrary and cumulative with any rights to | ||||||
25 | expungement of criminal records, this subsection authorizes | ||||||
26 | the sealing of criminal records of adults and of minors |
| |||||||
| |||||||
1 | prosecuted as adults. | ||||||
2 | (2) Sealable offenses. The following offenses may be | ||||||
3 | sealed: | ||||||
4 | (A) All municipal ordinance violations and | ||||||
5 | misdemeanors, with the exception of the following: | ||||||
6 | (i) violations of Section 11-501 of the Illinois | ||||||
7 | Vehicle Code or a similar provision of a local | ||||||
8 | ordinance; | ||||||
9 | (ii) violations of Article 11 of the Criminal Code | ||||||
10 | of 1961 or a similar provision of a local ordinance, | ||||||
11 | except Section 11-14 of the Criminal Code of 1961 as | ||||||
12 | provided in clause B(i) of this subsection (h); | ||||||
13 | (iii) violations of Section 12-15, 12-30, or 26-5 | ||||||
14 | of the Criminal Code of 1961 or a similar provision of | ||||||
15 | a local ordinance; | ||||||
16 | (iv) violations that are a crime of violence as | ||||||
17 | defined in Section 2 of the Crime Victims Compensation | ||||||
18 | Act or a similar provision of a local ordinance; | ||||||
19 | (v) Class A misdemeanor violations of the Humane | ||||||
20 | Care for Animals Act; and | ||||||
21 | (vi) any offense or attempted offense that would | ||||||
22 | subject a person to registration under the Sex Offender | ||||||
23 | Registration Act. | ||||||
24 | (B) Misdemeanor and Class 4 felony violations of: | ||||||
25 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
26 | (ii) Section 4 of the Cannabis Control Act; |
| |||||||
| |||||||
1 | (iii) Section 402 of the Illinois Controlled | ||||||
2 | Substances Act; and | ||||||
3 | (iv) Section 60 of the Methamphetamine Control and | ||||||
4 | Community Protection Act. | ||||||
5 | However, for purposes of this subsection (h), a | ||||||
6 | sentence of first offender probation under Section 10 of | ||||||
7 | the Cannabis Control Act, Section 410 of the Illinois | ||||||
8 | Controlled Substances Act, or Section 70 of the | ||||||
9 | Methamphetamine Control and Community Protection Act shall | ||||||
10 | be treated as a Class 4 felony conviction. | ||||||
11 | (3) Requirements for sealing. Records identified as | ||||||
12 | sealable under clause (h) (2) may be sealed when the individual | ||||||
13 | was: | ||||||
14 | (A) Acquitted of the offense or offenses or released | ||||||
15 | without being convicted. | ||||||
16 | (B) Convicted of the offense or offenses and the | ||||||
17 | conviction or convictions were reversed. | ||||||
18 | (C) Placed on misdemeanor supervision for an offense or | ||||||
19 | offenses; and | ||||||
20 | (i) at least 3 years have elapsed since the | ||||||
21 | completion of the term of supervision, or terms of | ||||||
22 | supervision, if more than one term has been ordered; | ||||||
23 | and | ||||||
24 | (ii) the individual has not been convicted of a | ||||||
25 | felony or misdemeanor or placed on supervision for a | ||||||
26 | misdemeanor or felony during the period specified in |
| |||||||
| |||||||
1 | clause (i). | ||||||
2 | (D) Convicted of an offense or offenses; and | ||||||
3 | (i) at least 4 years have elapsed since the last | ||||||
4 | such conviction or term of any sentence, probation, | ||||||
5 | parole, or supervision, if any, whichever is last in | ||||||
6 | time; and | ||||||
7 | (ii) the individual has not been convicted of a | ||||||
8 | felony or misdemeanor or placed on supervision for a | ||||||
9 | misdemeanor or felony during the period specified in | ||||||
10 | clause (i). | ||||||
11 | (4) Requirements for sealing of records when more than one | ||||||
12 | charge and disposition have been filed. When multiple offenses | ||||||
13 | are petitioned to be sealed under this subsection (h), the | ||||||
14 | requirements of the relevant provisions of clauses (h)(3)(A) | ||||||
15 | through (D) each apply. In instances in which more than one | ||||||
16 | waiting period is applicable under clauses (h)(C)(i) and (ii) | ||||||
17 | and (h)(D)(i) and (ii), the longer applicable period applies, | ||||||
18 | and the requirements of clause (h) (3) shall be considered met | ||||||
19 | when the petition is filed after the passage of the longer | ||||||
20 | applicable waiting period. That period commences on the date of | ||||||
21 | the completion of the last sentence or the end of supervision, | ||||||
22 | probation, or parole, whichever is last in time. | ||||||
23 | (5) Subsequent convictions. A person may not have | ||||||
24 | subsequent felony conviction records sealed as provided in this | ||||||
25 | subsection (h) if he or she is convicted of any felony offense | ||||||
26 | after the date of the sealing of prior felony records as |
| |||||||
| |||||||
1 | provided in this subsection (h). | ||||||
2 | (6) Notice of eligibility for sealing. Upon acquittal, | ||||||
3 | release without conviction, or being placed on supervision for | ||||||
4 | a sealable offense, or upon conviction of a sealable offense, | ||||||
5 | the person shall be informed by the court of the right to have | ||||||
6 | the records sealed and the procedures for the sealing of the | ||||||
7 | records. | ||||||
8 | (7) Procedure. Upon becoming eligible for the sealing of | ||||||
9 | records under this subsection (h), the person who seeks the | ||||||
10 | sealing of his or her records shall file a petition requesting | ||||||
11 | the sealing of records with the clerk of the court where the | ||||||
12 | charge or charges were brought. The records may be sealed by | ||||||
13 | the Chief Judge of the circuit wherein the charge was brought, | ||||||
14 | any judge of that 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, if any. If charges were | ||||||
17 | brought in multiple jurisdictions, a petition must be filed in | ||||||
18 | each such jurisdiction. The petitioner shall pay the applicable | ||||||
19 | fee, if not waived. | ||||||
20 | (A) Contents of petition. The petition shall contain | ||||||
21 | the petitioner's name, date of birth, current address, each | ||||||
22 | charge, each case number, the date of each charge, the | ||||||
23 | identity of the arresting authority, and such other | ||||||
24 | information as the court may require. During the pendency | ||||||
25 | of the proceeding, the petitioner shall promptly notify the | ||||||
26 | clerk of the court of any change of address. |
| |||||||
| |||||||
1 | (B) Drug test. A person filing a petition to have his | ||||||
2 | or her records sealed for a Class 4 felony violation of | ||||||
3 | Section 4 of the Cannabis Control Act or for a Class 4 | ||||||
4 | felony violation of Section 402 of the Illinois Controlled | ||||||
5 | Substances Act must attach to the petition proof that the | ||||||
6 | petitioner has passed a test taken within the previous 30 | ||||||
7 | days before the filing of the petition showing the absence | ||||||
8 | within his or her body of all illegal substances in | ||||||
9 | violation of either the Illinois Controlled Substances Act | ||||||
10 | or the Cannabis Control Act. | ||||||
11 | (C) Service of petition. The clerk shall promptly serve | ||||||
12 | a copy of the petition on the State's Attorney or | ||||||
13 | prosecutor charged with the duty of prosecuting the | ||||||
14 | offense, the Department of State Police, the arresting | ||||||
15 | agency and the chief legal officer of the unit of local | ||||||
16 | government effecting the arrest. | ||||||
17 | (D) Entry of order. Unless the State's Attorney or | ||||||
18 | prosecutor, the Department of State Police, the arresting | ||||||
19 | agency or such chief legal officer objects to sealing of | ||||||
20 | the records within 90 days of notice the court shall enter | ||||||
21 | an order sealing the defendant's records. | ||||||
22 | (E) Hearing upon objection. If an objection is filed, | ||||||
23 | the court shall set a date for a hearing and notify the | ||||||
24 | petitioner and the parties on whom the petition had been | ||||||
25 | served, and shall hear evidence on whether the sealing of | ||||||
26 | the records should or should not be granted, and shall make |
| |||||||
| |||||||
1 | a determination on whether to issue an order to seal the | ||||||
2 | records based on the evidence presented at the hearing. | ||||||
3 | (F) Service of order. After entering the order to seal | ||||||
4 | records, the court must provide copies of the order to the | ||||||
5 | Department, in a form and manner prescribed by the | ||||||
6 | Department, to the petitioner, to the State's Attorney or | ||||||
7 | prosecutor charged with the duty of prosecuting the | ||||||
8 | offense, to the arresting agency, to the chief legal | ||||||
9 | officer of the unit of local government effecting the | ||||||
10 | arrest, and to such other criminal justice agencies as may | ||||||
11 | be ordered by the court. | ||||||
12 | (8) Fees. Notwithstanding any provision of the Clerk of the | ||||||
13 | Courts Act to the contrary, and subject to the approval of the | ||||||
14 | county board, the clerk may charge a fee equivalent to the cost | ||||||
15 | associated with the sealing of records by the clerk and the | ||||||
16 | Department of State Police. The clerk shall forward the | ||||||
17 | Department of State Police portion of the fee to the Department | ||||||
18 | and it shall be deposited into the State Police Services Fund. | ||||||
19 | (i) Subject to available funding, the Illinois Department | ||||||
20 | of Corrections shall conduct a study of the impact of sealing, | ||||||
21 | especially on employment and recidivism rates, utilizing a | ||||||
22 | random sample of those who apply for the sealing of their | ||||||
23 | criminal records under Public Act 93-211, in accordance to | ||||||
24 | rules adopted by the Department. At the request of the Illinois | ||||||
25 | Department of Corrections, records of the Illinois Department | ||||||
26 | of Employment Security shall be utilized as appropriate to |
| |||||||
| |||||||
1 | assist in the study. The study shall not disclose any data in a | ||||||
2 | manner that would allow the identification of any particular | ||||||
3 | individual or employing unit. The study shall be made available | ||||||
4 | to the General Assembly no later than September 1, 2006.
| ||||||
5 | (Source: P.A. 93-210, eff. 7-18-03; 93-211, eff. 1-1-04; | ||||||
6 | 93-1084, eff. 6-1-05; 94-556, eff. 9-11-05.)
| ||||||
7 | (20 ILCS 2630/6 new) | ||||||
8 | Sec. 6. Expungement and sealing. | ||||||
9 | (a) Expungement. | ||||||
10 | (1) An adult or a minor prosecuted as a adult may | ||||||
11 | petition the circuit court to expunge the records of his or | ||||||
12 | her arrest when: | ||||||
13 | (A) The petitioner has never been convicted of any | ||||||
14 | municipal ordinance violation, misdemeanor or felony; | ||||||
15 | (B) The arrest sought to be expunged resulted in an | ||||||
16 | acquittal, or the petitioner's release without | ||||||
17 | conviction; | ||||||
18 | (C) The arrest sought to be expunged resulted in an | ||||||
19 | order of supervision and such supervision was | ||||||
20 | successfully completed by the petitioner; or | ||||||
21 | (D) The arrest sought to be expunged resulted in an | ||||||
22 | order of probation under: | ||||||
23 | (i) Section 10 of the Cannabis Control Act, | ||||||
24 | Section 410 of the Illinois Controlled Substances | ||||||
25 | Act; |
| |||||||
| |||||||
1 | (ii) Section 70 of the Methamphetamine Control | ||||||
2 | and Community Protection Act; | ||||||
3 | (iii) Section 12-4.3(b)(1) and (2) of the | ||||||
4 | Criminal Code of 1961 (as those provisions existed | ||||||
5 | before their deletion by Public Act 89-313); | ||||||
6 | (iv) Section 10-102 of the Illinois Alcoholism | ||||||
7 | and Other Drug Dependency Act when the judgment of | ||||||
8 | conviction has been vacated; | ||||||
9 | (v) Section 40-10 of the Alcoholism and Other | ||||||
10 | Drug Abuse and Dependency Act when the judgment of | ||||||
11 | conviction has been vacated; or | ||||||
12 | (vi) Section 10 of the Steroid Control Act and | ||||||
13 | such probation was successfully completed by the | ||||||
14 | petitioner. | ||||||
15 | (2) Time frame for filing a petition to expunge. | ||||||
16 | (A) When the arrest sought to be expunge resulted | ||||||
17 | in an acquittal, or the petitioner's release without | ||||||
18 | conviction, there is no waiting period to petition for | ||||||
19 | the expungement of such records. | ||||||
20 | (B) When the arrest sought to be expunged resulted | ||||||
21 | in an order of supervision, successfully completed by | ||||||
22 | the petitioner, the following time frames will apply: | ||||||
23 | (i) Those records that resulted in an order of | ||||||
24 | supervision for a violation of Section 3-707, | ||||||
25 | 3-708, 3-710, 5-401.3, or 11-503 of the Illinois | ||||||
26 | Vehicle Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance, or for a violation of Section 12-3.2, | ||||||
2 | 12-15 or 16A-3 of the Criminal Code of 1961, shall | ||||||
3 | not be eligible for expungement until 5 years have | ||||||
4 | passed following the termination of the | ||||||
5 | supervision. | ||||||
6 | (ii) Those records that resulted in an order of | ||||||
7 | supervision for a violation of Section 11-501 of | ||||||
8 | the Illinois Vehicle Code or a similar provision of | ||||||
9 | a local ordinance, shall not be expunged. | ||||||
10 | (iii) Those records that resulted in an order | ||||||
11 | of supervision for any other offense shall not be | ||||||
12 | eligible for expungement until 2 years have passed | ||||||
13 | following the termination of the supervision. | ||||||
14 | (C) When the arrest sought to be expunged resulted | ||||||
15 | in an order of probation, successfully completed by the | ||||||
16 | petitioner, under Section 10 of the Cannabis Control | ||||||
17 | Act, Section 410 of the Illinois Controlled Substances | ||||||
18 | Act, Section 70 of the Methamphetamine Control and | ||||||
19 | Community Protection Act, Section 12-4.3(b)(1) and (2) | ||||||
20 | of the Criminal Code of 1961 (as those provisions | ||||||
21 | existed before their deletion by Public Act 89-313), | ||||||
22 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
23 | Drug Dependency Act when the judgment of conviction has | ||||||
24 | been vacated, Section 40-10 of the Alcoholism and Other | ||||||
25 | Drug Abuse and Dependency Act when the judgment of | ||||||
26 | conviction has been vacated, or Section 10 of the |
| |||||||
| |||||||
1 | Steroid Control Act, such records shall not be eligible | ||||||
2 | for expungement until 5 years have passed following the | ||||||
3 | termination of the probation. | ||||||
4 | (3) Those records maintained by the Department for | ||||||
5 | persons arrested prior to their 17th birthday shall be | ||||||
6 | expunged as provided in Section 5-915 of the Juvenile Court | ||||||
7 | Act of 1987. | ||||||
8 | (4) Whenever a person has been convicted of a crime or | ||||||
9 | of the violation of a municipal ordinance, in the name of a | ||||||
10 | person whose identity he has stolen or otherwise come into | ||||||
11 | possession of, the aggrieved person from whom the identity | ||||||
12 | was stolen or otherwise obtained without authorization, | ||||||
13 | upon learning of the person having been arrested using his | ||||||
14 | identity, may, upon verified petition to the chief judge of | ||||||
15 | the circuit wherein the arrest was made, have a court order | ||||||
16 | entered nunc pro tunc by the chief judge to correct the | ||||||
17 | arrest record, conviction record, if any, and all official | ||||||
18 | records of the arresting authority, the Department, other | ||||||
19 | criminal justice agencies, the prosecutor, and the trial | ||||||
20 | court concerning such arrest, if any, by removing his name | ||||||
21 | from all such records in connection with the arrest and | ||||||
22 | conviction, if any, and by inserting in the records the | ||||||
23 | name of the offender, if known or ascertainable, in lieu of | ||||||
24 | the aggrieved's name. The records of the clerk of the | ||||||
25 | circuit court clerk shall be sealed until further order of | ||||||
26 | the court upon good cause shown and the name of the |
| |||||||
| |||||||
1 | aggrieved person obliterated on the official index | ||||||
2 | required to be kept by the circuit court clerk under | ||||||
3 | Section 16 of the Clerks of Courts Act, but the order shall | ||||||
4 | not affect any index issued by the circuit court clerk | ||||||
5 | before the entry of the order. Nothing in this Section | ||||||
6 | shall limit the Department of State Police or other | ||||||
7 | criminal justice agencies or prosecutors from listing | ||||||
8 | under an offender's name the false names he or she has | ||||||
9 | used. For purposes of this Section, convictions for moving | ||||||
10 | and nonmoving traffic violations other than convictions | ||||||
11 | for violations of Chapter 4, Section 11-204.1 or Section | ||||||
12 | 11-501 of the Illinois Vehicle Code shall not be a bar to | ||||||
13 | expunging the record of arrest and court records for | ||||||
14 | violation of a misdemeanor or municipal ordinance. | ||||||
15 | (5) Whenever a person who has been convicted of an | ||||||
16 | offense is granted a pardon by the Governor which | ||||||
17 | specifically authorizes expungement, he may, upon verified | ||||||
18 | petition to the chief judge of the circuit where the person | ||||||
19 | had been convicted, any judge of the circuit designated by | ||||||
20 | the Chief Judge, or in counties of less than 3,000,000 | ||||||
21 | inhabitants, the presiding trial judge at the defendant's | ||||||
22 | trial, may have a court order entered expunging the record | ||||||
23 | of arrest from the official records of the arresting | ||||||
24 | authority and order that the records of the clerk of the | ||||||
25 | circuit court and the Department be sealed until further | ||||||
26 | order of the court upon good cause shown or as otherwise |
| |||||||
| |||||||
1 | provided herein, and the name of the defendant obliterated | ||||||
2 | from the official index requested to be kept by the circuit | ||||||
3 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
4 | connection with the arrest and conviction for the offense | ||||||
5 | for which he had been pardoned but the order shall not | ||||||
6 | affect any index issued by the circuit court clerk before | ||||||
7 | the entry of the order. All records sealed by the | ||||||
8 | Department may be disseminated by the Department only as | ||||||
9 | required by law or to the arresting authority, the State's | ||||||
10 | Attorney, and the court upon a later arrest for the same or | ||||||
11 | similar offense or for the purpose of sentencing for any | ||||||
12 | subsequent felony. Upon conviction for any subsequent | ||||||
13 | offense, the Department of Corrections shall have access to | ||||||
14 | all sealed records of the Department pertaining to that | ||||||
15 | individual. Upon entry of the order of expungement, the | ||||||
16 | clerk of the circuit court shall promptly mail a copy of | ||||||
17 | the order to the person who was pardoned. | ||||||
18 | (6) Whenever a person has been convicted of criminal | ||||||
19 | sexual assault, aggravated criminal sexual assault, | ||||||
20 | predatory criminal sexual assault of a child, criminal | ||||||
21 | sexual abuse, or aggravated criminal sexual abuse, the | ||||||
22 | victim of that offense may request that the State's | ||||||
23 | Attorney of the county in which the conviction occurred | ||||||
24 | file a verified petition with the presiding trial judge at | ||||||
25 | the defendant's trial to have a court order entered to seal | ||||||
26 | the records of the clerk of the circuit court in connection |
| |||||||
| |||||||
1 | with the proceedings of the trial court concerning that | ||||||
2 | offense. However, the records of the arresting authority | ||||||
3 | and the Department of State Police concerning the offense | ||||||
4 | shall not be sealed. The court, upon good cause shown, | ||||||
5 | shall make the records of the clerk of the circuit court in | ||||||
6 | connection with the proceedings of the trial court | ||||||
7 | concerning the offense available for public inspection. | ||||||
8 | (7) If a conviction has been set aside on direct review | ||||||
9 | or on collateral attack and the court determines by clear | ||||||
10 | and convincing evidence that the defendant was factually | ||||||
11 | innocent of the charge, the court shall enter an | ||||||
12 | expungement order as provided in subsection (b) of Section | ||||||
13 | 5-5-4 of the Unified Code of Corrections. | ||||||
14 | (8) Nothing herein shall prevent the Department of | ||||||
15 | State Police from maintaining all records of any person who | ||||||
16 | is admitted to probation upon terms and conditions and who | ||||||
17 | fulfills those terms and conditions pursuant to Section 10 | ||||||
18 | of the Cannabis Control Act, Section 410 of the Illinois | ||||||
19 | Controlled Substances Act, Section 70 of the | ||||||
20 | Methamphetamine Control and Community Protection Act, | ||||||
21 | Section 12-4.3 of the Criminal Code of 1961, Section 10-102 | ||||||
22 | of the Illinois Alcoholism and Other Drug Dependency Act, | ||||||
23 | Section 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
24 | Dependency Act, or Section 10 of the Steroid Control Act. | ||||||
25 | (9) Except as otherwise provided in paragraph (6) of | ||||||
26 | this subsection (a), the court shall not order the sealing |
| |||||||
| |||||||
1 | or expungement of the arrest records and records of the | ||||||
2 | circuit court clerk of any person granted supervision for | ||||||
3 | or convicted of any sexual offense committed against a | ||||||
4 | minor under 18 years of age. | ||||||
5 | (b) Sealing. | ||||||
6 | (1) Applicability. Notwithstanding any other provision | ||||||
7 | of this Act to the contrary and cumulative with any rights | ||||||
8 | to expungement of criminal records, this subsection | ||||||
9 | authorizes the sealing of criminal records of adults and of | ||||||
10 | minors prosecuted as adults. | ||||||
11 | (2) An adult or a minor prosecuted as a adult may | ||||||
12 | petition the circuit court to seal the records of his or | ||||||
13 | her arrest when: | ||||||
14 | (A) The arrest sought to be sealed resulted in an | ||||||
15 | acquittal, or the petitioner's release without | ||||||
16 | conviction, or a conviction which was later reversed, | ||||||
17 | or | ||||||
18 | (B) The arrest sought to be sealed resulted in an | ||||||
19 | order of supervision and such supervision was | ||||||
20 | successfully completed by the petitioner, except that | ||||||
21 | an arrest resulting in supervision for the following | ||||||
22 | offenses is not eligible for sealing: | ||||||
23 | (i) violations of Section 11-501 of the | ||||||
24 | Illinois Vehicle Code or a similar provision of a | ||||||
25 | local ordinance; | ||||||
26 | (ii) violations of Article 11 of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 or a similar provision of a local | ||||||
2 | ordinance, except Section 11-14 of the Criminal | ||||||
3 | Code of 1961 as provided in subparagraph (D), | ||||||
4 | clause (i) of this subsection (b); | ||||||
5 | (iii) violations of Section 12-15, 12-30, or | ||||||
6 | 26-5 of the Criminal Code of 1961 or a similar | ||||||
7 | provision of a local ordinance; | ||||||
8 | (iv) violations that are a crime of violence as | ||||||
9 | defined in Section 2 of the Crime Victims | ||||||
10 | Compensation Act or a similar provision of a local | ||||||
11 | ordinance; | ||||||
12 | (v) Class A misdemeanor violations of the | ||||||
13 | Humane Care for Animals Act; and | ||||||
14 | (vi) any offense or attempted offense that | ||||||
15 | would subject a person to registration under the | ||||||
16 | Sex Offender Registration Act. | ||||||
17 | (C) The arrest sought to be sealed resulted in a | ||||||
18 | conviction for a misdemeanor offense, except that an | ||||||
19 | arrest resulting in a conviction for the following | ||||||
20 | offenses is not eligible for sealing: | ||||||
21 | (i) violations of Section 11-501 of the | ||||||
22 | Illinois Vehicle Code or a similar provision of a | ||||||
23 | local ordinance; | ||||||
24 | (ii) violations of Article 11 of the Criminal | ||||||
25 | Code of 1961 or a similar provision of a local | ||||||
26 | ordinance, except Section 11-14 of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 as provided in subparagraph (D), | ||||||
2 | clause (i) of this subsection (b); | ||||||
3 | (iii) violations of Section 12-15, 12-30, or | ||||||
4 | 26-5 of the Criminal Code of 1961 or a similar | ||||||
5 | provision of a local ordinance; | ||||||
6 | (iv) violations that are a crime of violence as | ||||||
7 | defined in Section 2 of the Crime Victims | ||||||
8 | Compensation Act or a similar provision of a local | ||||||
9 | ordinance; | ||||||
10 | (v) Class A misdemeanor violations of the | ||||||
11 | Humane Care for Animals Act; and | ||||||
12 | (vi) any offense or attempted offense that | ||||||
13 | would subject a person to registration under the | ||||||
14 | Sex Offender Registration Act. | ||||||
15 | (D) The arrest sought to be sealed resulted in a | ||||||
16 | misdemeanor or Class 4 felony conviction for an offense | ||||||
17 | under: | ||||||
18 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
19 | (ii) Section 4 of the Cannabis Control Act; | ||||||
20 | (iii) Section 402 of the Illinois Controlled | ||||||
21 | Substances Act; and | ||||||
22 | (iv) Section 60 of the Methamphetamine Control | ||||||
23 | and Community Protection Act. | ||||||
24 | However, for purposes of this subsection (b), a sentence of | ||||||
25 | first offender probation under Section 10 of the Cannabis | ||||||
26 | Control Act, Section 410 of the Illinois Controlled Substances |
| |||||||
| |||||||
1 | Act, or Section 70 of the Methamphetamine Control and Community | ||||||
2 | Protection Act shall be treated as a Class 4 felony conviction. | ||||||
3 | (3) Time frame for filing a petition to seal. | ||||||
4 | (A) When the arrest sought to be sealed resulted in | ||||||
5 | an acquittal, or the petitioner's release without | ||||||
6 | conviction, or in a conviction which was later | ||||||
7 | reversed, there is no waiting period to petition for | ||||||
8 | the sealing of such records. | ||||||
9 | (B) When the arrest sought to be sealed resulted in | ||||||
10 | an order of supervision for an eligible offense under | ||||||
11 | paragraph (2), subparagraph (B) of subsection (b), | ||||||
12 | such records will not be eligible to be sealed until: | ||||||
13 | (i) at least 3 years have elapsed since the | ||||||
14 | completion of the term of supervision, or terms of | ||||||
15 | supervision, if more than one term has been | ||||||
16 | ordered; and | ||||||
17 | (ii) the individual has not been convicted of a | ||||||
18 | felony or misdemeanor or placed on supervision for | ||||||
19 | any misdemeanor or felony offense during the | ||||||
20 | period specified in clause (i). | ||||||
21 | (C) When the arrest sought to be sealed resulted in | ||||||
22 | a conviction of an eligible offense or offenses under | ||||||
23 | paragraph (2), subparagraph (C) or (D), such records | ||||||
24 | will not be eligible to be sealed until: | ||||||
25 | (i) at least 4 years have elapsed since the | ||||||
26 | last such conviction or term of any sentence, |
| |||||||
| |||||||
1 | probation, parole, or supervision, if any, | ||||||
2 | whichever is last in time; and | ||||||
3 | (ii) the individual has not been convicted of a | ||||||
4 | felony or misdemeanor or placed on supervision for | ||||||
5 | any other misdemeanor or felony offense during the | ||||||
6 | period specified in clause (i). | ||||||
7 | (4) Requirements for sealing of records when more | ||||||
8 | than one charge and disposition have been filed. When | ||||||
9 | multiple offenses are petitioned to be sealed under | ||||||
10 | paragraph (2), the requirements of the relevant | ||||||
11 | provisions of subsection (b), paragraph (3), | ||||||
12 | subparagraphs (A) through (D) each apply. In instances | ||||||
13 | in which more than one waiting period is applicable | ||||||
14 | under subsection (b), paragraph (3), subparagraph (C), | ||||||
15 | clauses (i) and (ii) and subsection(b), paragraph (3), | ||||||
16 | subparagraph (D), clauses (i) and (ii), the longer | ||||||
17 | applicable period applies, and the requirements of | ||||||
18 | subsection (b) paragraph (3) shall be considered met | ||||||
19 | when the petition is filed after the passage of the | ||||||
20 | longer applicable waiting period. That period | ||||||
21 | commences on the date of the completion of the last | ||||||
22 | sentence or the end of supervision, probation, or | ||||||
23 | parole, whichever is last in time. | ||||||
24 | (5) Subsequent convictions. A person may not have | ||||||
25 | subsequent felony conviction records sealed as | ||||||
26 | provided in this subsection (b) if he or she is |
| |||||||
| |||||||
1 | convicted of any felony offense after the date of the | ||||||
2 | sealing of prior felony records as provided in this | ||||||
3 | subsection (b). | ||||||
4 | (6) Notice of eligibility for sealing. Upon | ||||||
5 | acquittal, release without conviction, or being placed | ||||||
6 | on supervision for a sealable offense, or upon | ||||||
7 | conviction of a sealable offense, the person shall be | ||||||
8 | informed by the court of the right to have the records | ||||||
9 | sealed and the procedures for the sealing of the | ||||||
10 | records. | ||||||
11 | (c) Procedure. Upon becoming eligible to petition for the | ||||||
12 | expungement or sealing of records under this Section, the | ||||||
13 | person who seeks the expungement or sealing of his or her | ||||||
14 | records shall file a petition requesting either the expungement | ||||||
15 | or sealing of records with the clerk of the court where the | ||||||
16 | charge or charges were brought. The records may be ordered | ||||||
17 | expunged or sealed by the Chief Judge of the circuit wherein | ||||||
18 | the charge was brought, any judge of that circuit designated by | ||||||
19 | the Chief Judge, or in counties of less than 3,000,000 | ||||||
20 | inhabitants, the presiding trial judge at the defendant's | ||||||
21 | trial, if any. If charges were brought in multiple | ||||||
22 | jurisdictions, a petition must be filed in each such | ||||||
23 | jurisdiction. The petitioner shall pay the applicable fee, if | ||||||
24 | not waived. | ||||||
25 | (1) Contents of petition. The petition shall be | ||||||
26 | verified and shall contain the petitioner's name, date of |
| |||||||
| |||||||
1 | birth, current address and, for each arrest sought to be | ||||||
2 | sealed or expunged, the case number, the date of arrest, | ||||||
3 | the identity of the arresting authority, and such other | ||||||
4 | information as the court may require. During the pendency | ||||||
5 | of the proceeding, the petitioner shall promptly notify the | ||||||
6 | clerk of the court of any change of his or her address. | ||||||
7 | (2) Drug test. A person filing a petition to have his | ||||||
8 | or her records sealed for a Class 4 felony violation of | ||||||
9 | Section 4 of the Cannabis Control Act or for a Class 4 | ||||||
10 | felony violation of Section 402 of the Illinois Controlled | ||||||
11 | Substances Act must attach to the petition proof that the | ||||||
12 | petitioner has passed a test taken within the previous 30 | ||||||
13 | days before the filing of the petition showing the absence | ||||||
14 | within his or her body of all illegal substances in | ||||||
15 | violation of either the Illinois Controlled Substances Act | ||||||
16 | or the Cannabis Control Act. | ||||||
17 | (3) Service of petition. The clerk shall promptly serve | ||||||
18 | a copy of the petition on the State's Attorney or | ||||||
19 | prosecutor charged with the duty of prosecuting the | ||||||
20 | offense, the Department of State Police, the arresting | ||||||
21 | agency and the chief legal officer of the unit of local | ||||||
22 | government effecting the arrest. | ||||||
23 | (4) Entry of order. | ||||||
24 | (A) Expungement. Unless the State's Attorney or | ||||||
25 | prosecutor, the Department of State Police, the | ||||||
26 | arresting agency or such chief legal officer objects to |
| |||||||
| |||||||
1 | a petition to expunge within 30 days from the date of | ||||||
2 | the notice, the court shall enter an order granting or | ||||||
3 | denying the petition. | ||||||
4 | (B) Sealing. Unless the State's Attorney or | ||||||
5 | prosecutor, the Department of State Police, the | ||||||
6 | arresting agency or such chief legal officer objects to | ||||||
7 | a petition to seal within 90 days of notice the court | ||||||
8 | shall enter an order sealing the defendant's records. | ||||||
9 | (5) Hearing upon objection. If an objection is filed, | ||||||
10 | the court shall set a date for a hearing and notify the | ||||||
11 | petitioner and the parties on whom the petition had been | ||||||
12 | served, and shall hear evidence on whether the sealing of | ||||||
13 | the records should or should not be granted, and shall make | ||||||
14 | a determination on whether to issue an order to seal the | ||||||
15 | records based on the evidence presented at the hearing. | ||||||
16 | (6) Service of order. After entering the order to seal | ||||||
17 | records, the court must provide copies of the order to the | ||||||
18 | Department, in a form and manner prescribed by the | ||||||
19 | Department, to the petitioner, to the State's Attorney or | ||||||
20 | prosecutor charged with the duty of prosecuting the | ||||||
21 | offense, to the arresting agency, to the chief legal | ||||||
22 | officer of the unit of local government effecting the | ||||||
23 | arrest, and to such other criminal justice agencies as may | ||||||
24 | be ordered by the court. | ||||||
25 | (7) Effect of order. | ||||||
26 | (A) Upon entry of an order to expunge records |
| |||||||
| |||||||
1 | relating to an arrest which did not result in an order | ||||||
2 | of supervision or probation, the records of arrest | ||||||
3 | shall be expunged from the official records of the | ||||||
4 | arresting authority and the Department and the records | ||||||
5 | of the clerk of the circuit court shall be sealed until | ||||||
6 | further order of the court upon good cause shown and | ||||||
7 | the name of the defendant obliterated on the official | ||||||
8 | index required to be kept by the circuit court clerk | ||||||
9 | under Section 16 of the Clerks of Courts Act, but the | ||||||
10 | order shall not affect any index issued by the circuit | ||||||
11 | court clerk before the entry of the order. In response | ||||||
12 | to an inquiry for expunged records, the agency | ||||||
13 | receiving such inquiry shall reply "No records found." | ||||||
14 | (B) Upon entry of an order to expunge records | ||||||
15 | relating to an arrest which resulted in an order of | ||||||
16 | supervision or probation, the records of arrest shall | ||||||
17 | be expunged from the records of the arresting authority | ||||||
18 | and impounded by the court, but shall not be expunged | ||||||
19 | by the Department. Such records shall be sealed by the | ||||||
20 | Department and may be disseminated by the Department | ||||||
21 | only as required by law or to the arresting authority, | ||||||
22 | the State's Attorney, and the court upon a later arrest | ||||||
23 | for the same or a similar offense or for the purpose of | ||||||
24 | sentencing for any subsequent felony. Upon conviction | ||||||
25 | for any offense, the Department of Corrections shall | ||||||
26 | have access to all sealed records of the Department |
| |||||||
| |||||||
1 | pertaining to that individual. In response to an | ||||||
2 | inquiry for such records from anyone not authorized by | ||||||
3 | law to access such records, the reply shall be "No | ||||||
4 | records found." | ||||||
5 | (C) Upon entry of an order to seal records under | ||||||
6 | subsection (b), such records shall be maintained by | ||||||
7 | each agency but shall be unavailable without a court | ||||||
8 | order, subject to the exceptions in Sections 12 and 13 | ||||||
9 | of this Act. In response to an inquiry for such records | ||||||
10 | from anyone not authorized by law to access such | ||||||
11 | records, the agency maintaining the records under seal | ||||||
12 | shall reply "No records found." | ||||||
13 | (8) Fees. Notwithstanding any provision of the Clerk of | ||||||
14 | the Courts Act to the contrary, and subject to the approval | ||||||
15 | of the county board, the clerk may charge a fee equivalent | ||||||
16 | to the cost associated with the sealing of records by the | ||||||
17 | clerk and the Department of State Police. The clerk shall | ||||||
18 | forward the Department of State Police portion of the fee | ||||||
19 | to the Department and it shall be deposited into the State | ||||||
20 | Police Services Fund. | ||||||
21 | (9) Appeal. No court order issued under the expungement | ||||||
22 | or sealing provisions of this Section shall become final | ||||||
23 | for purposes of appeal until 30 days after notice is | ||||||
24 | received by the Department. Any court order contrary to the | ||||||
25 | provisions of this Section is void. | ||||||
26 | (d) Subject to available funding, the Illinois Department |
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1 | of Corrections shall conduct a study of the impact of sealing, | ||||||
2 | especially on employment and recidivism rates, utilizing a | ||||||
3 | random sample of those who apply for the sealing of their | ||||||
4 | criminal records under Public Act 93-211, in accordance to | ||||||
5 | rules adopted by the Department. At the request of the Illinois | ||||||
6 | Department of Corrections, records of the Illinois Department | ||||||
7 | of Employment Security shall be utilized as appropriate to | ||||||
8 | assist in the study. The study shall not disclose any data in a | ||||||
9 | manner that would allow the identification of any particular | ||||||
10 | individual or employing unit. The study shall be made available | ||||||
11 | to the General Assembly no later than September 1, 2008.
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