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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 Sections 5 and 13 by adding Section 6 as follows:
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6 | (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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7 | Sec. 5. Arrest reports ; expungement .
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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.
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23 | Whenever an adult or minor prosecuted as an adult,
not |
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1 | having previously been convicted of any criminal offense or | ||||||
2 | municipal
ordinance violation, charged with a violation of a | ||||||
3 | municipal ordinance or a
felony or misdemeanor, is acquitted or | ||||||
4 | released without being convicted,
whether the acquittal or | ||||||
5 | release occurred before, on, or after the
effective date of | ||||||
6 | this amendatory Act of 1991, the Chief Judge of the circuit
| ||||||
7 | wherein the charge was brought, any judge of that circuit | ||||||
8 | designated by the
Chief Judge, or in counties of less than | ||||||
9 | 3,000,000 inhabitants, the presiding
trial judge at the | ||||||
10 | defendant's trial may upon verified petition of the
defendant | ||||||
11 | order the record of arrest expunged from the official records | ||||||
12 | of the
arresting authority and the Department and order that | ||||||
13 | the records of the clerk
of the circuit court be sealed until | ||||||
14 | further order of the court upon good cause
shown and the name | ||||||
15 | of the defendant obliterated on the official index required
to | ||||||
16 | be kept by the circuit court clerk under Section 16 of the | ||||||
17 | Clerks of Courts
Act, but the order shall not affect any index | ||||||
18 | issued by the circuit court clerk
before the entry of the | ||||||
19 | order. The Department may charge the petitioner a fee
| ||||||
20 | equivalent to the cost of processing any order to expunge or | ||||||
21 | seal the records,
and the fee shall be deposited into the State | ||||||
22 | Police Services Fund. The
records of those arrests, however, | ||||||
23 | that result in a disposition of
supervision for any offense | ||||||
24 | shall not be expunged from the records of the
arresting | ||||||
25 | authority or the Department nor impounded by the court until 2 | ||||||
26 | years
after discharge and dismissal of supervision. Those |
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| |||||||
1 | records
that result from a supervision for a violation of | ||||||
2 | Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois | ||||||
3 | Vehicle Code or a similar provision
of a local ordinance, or | ||||||
4 | for a violation of Section 12-3.2, 12-15 or 16A-3
of the | ||||||
5 | Criminal Code of 1961, or probation under Section 10 of the | ||||||
6 | Cannabis
Control Act, Section 410 of the Illinois Controlled | ||||||
7 | Substances Act, Section 70 of the Methamphetamine Control and | ||||||
8 | Community Protection Act, Section
12-4.3(b)(1) and (2) of the | ||||||
9 | Criminal Code of 1961 (as those provisions
existed before their | ||||||
10 | deletion by Public Act 89-313), Section 10-102 of the
Illinois | ||||||
11 | Alcoholism and Other Drug Dependency Act when the judgment of
| ||||||
12 | conviction has been vacated, Section 40-10 of the Alcoholism | ||||||
13 | and Other Drug
Abuse and Dependency Act when the judgment of | ||||||
14 | conviction has been vacated,
or Section 10 of the Steroid | ||||||
15 | Control Act shall not be expunged from the records
of the | ||||||
16 | arresting authority nor impounded by the court until 5 years | ||||||
17 | after
termination of probation or supervision. Those records | ||||||
18 | that result from a
supervision for a violation of Section | ||||||
19 | 11-501 of the Illinois Vehicle Code or
a similar provision of a | ||||||
20 | local ordinance, shall not be expunged. All records
set out | ||||||
21 | above may be ordered by the court to be expunged from the | ||||||
22 | records of
the arresting authority and impounded by the court | ||||||
23 | after 5 years, but shall
not be expunged by the Department, but | ||||||
24 | shall, on court order be sealed by the
Department and may be | ||||||
25 | disseminated by the Department only as required by law or
to | ||||||
26 | the arresting authority, the State's Attorney, and the court |
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1 | upon a later
arrest for the same or a similar offense or for | ||||||
2 | the purpose of sentencing for
any subsequent felony. Upon | ||||||
3 | conviction for any offense, the Department of
Corrections shall | ||||||
4 | have access to all sealed records of the Department
pertaining | ||||||
5 | to that individual.
| ||||||
6 | (a-5) Those records maintained by the Department for | ||||||
7 | persons arrested
prior to their 17th birthday shall be expunged | ||||||
8 | as provided in Section 5-915 of
the Juvenile Court Act of 1987.
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9 | (b) Whenever a person has been convicted of a crime or of | ||||||
10 | the violation of
a municipal ordinance, in the name of a person | ||||||
11 | whose identity he has stolen
or otherwise come into possession | ||||||
12 | of, the aggrieved person from whom the
identity was stolen or | ||||||
13 | otherwise obtained without authorization, upon learning
of the | ||||||
14 | person having been arrested using his identity, may, upon | ||||||
15 | verified
petition to the chief judge of the circuit wherein the | ||||||
16 | arrest was made,
have a court order entered nunc pro tunc by | ||||||
17 | the chief judge to correct
the arrest record, conviction | ||||||
18 | record, if any, and all official records of the
arresting | ||||||
19 | authority, the Department, other criminal justice agencies, | ||||||
20 | the
prosecutor, and the trial court concerning such arrest, if | ||||||
21 | any, by removing his
name from all such records in connection | ||||||
22 | with the arrest and conviction, if
any, and by inserting in the | ||||||
23 | records the name of the offender, if known or
ascertainable, in | ||||||
24 | lieu of the aggrieved's name. The records of the
clerk of
the | ||||||
25 | circuit court clerk shall be sealed until further order of the | ||||||
26 | court upon
good cause shown and the name of the aggrieved |
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| |||||||
1 | person obliterated on the
official index required to be kept by | ||||||
2 | the circuit court clerk under Section 16
of the Clerks of | ||||||
3 | Courts Act, but the order shall not affect any index issued by
| ||||||
4 | the circuit court clerk before the entry of the order. Nothing | ||||||
5 | in this Section
shall limit the Department of State Police or | ||||||
6 | other criminal justice agencies
or prosecutors from listing | ||||||
7 | under an offender's name the false names he or she
has used. | ||||||
8 | For purposes of this Section, convictions for moving and | ||||||
9 | nonmoving
traffic violations other than convictions for | ||||||
10 | violations of Chapter 4, Section
11-204.1 or Section 11-501 of | ||||||
11 | the Illinois Vehicle Code shall not be a bar to
expunging the | ||||||
12 | record of arrest and court records for
violation of a | ||||||
13 | misdemeanor or municipal ordinance.
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14 | (c) Whenever a person who has been convicted of an offense | ||||||
15 | is granted
a pardon by the Governor which specifically | ||||||
16 | authorizes expungement, he may,
upon verified petition to the | ||||||
17 | chief judge of the circuit where the person had
been convicted, | ||||||
18 | any judge of the circuit designated by the Chief Judge, or in
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19 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
20 | trial judge at the
defendant's trial, may have a court order | ||||||
21 | entered expunging the record of
arrest from the official | ||||||
22 | records of the arresting authority and order that the
records | ||||||
23 | of the clerk of the circuit court and the Department be sealed | ||||||
24 | until
further order of the court upon good cause shown or as | ||||||
25 | otherwise provided
herein, and the name of the defendant | ||||||
26 | obliterated from the official index
requested to be kept by the |
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1 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
2 | Act in connection with the arrest and conviction for the | ||||||
3 | offense for
which he had been pardoned but the order shall not | ||||||
4 | affect any index issued by
the circuit court clerk before the | ||||||
5 | entry of the order. All records sealed by
the Department may be | ||||||
6 | disseminated by the Department only as required by law or
to | ||||||
7 | the arresting authority, the State's Attorney, and the court | ||||||
8 | upon a later
arrest for the same or similar offense or for the | ||||||
9 | purpose of sentencing for any
subsequent felony. Upon | ||||||
10 | conviction for any subsequent offense, the Department
of | ||||||
11 | Corrections shall have access to all sealed records of the | ||||||
12 | Department
pertaining to that individual. Upon entry of the | ||||||
13 | order of expungement, the
clerk of the circuit court shall | ||||||
14 | promptly mail a copy of the order to the
person who was | ||||||
15 | pardoned.
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16 | (c-5) Whenever a person has been convicted of criminal | ||||||
17 | sexual assault,
aggravated criminal sexual assault, predatory | ||||||
18 | criminal sexual assault of a
child, criminal sexual abuse, or | ||||||
19 | aggravated criminal sexual abuse, the victim
of that offense | ||||||
20 | may request that the State's Attorney of the county in which
| ||||||
21 | the conviction occurred file a verified petition with the | ||||||
22 | presiding trial judge
at the defendant's trial to have a court | ||||||
23 | order entered to seal the records of
the clerk of the circuit | ||||||
24 | court in connection with the proceedings of the trial
court | ||||||
25 | concerning that offense. However, the records of the arresting | ||||||
26 | authority
and the Department of State Police concerning the |
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| |||||||
1 | offense shall not be
sealed. The court, upon good cause shown, | ||||||
2 | shall make the records of the clerk
of the circuit court in | ||||||
3 | connection with the proceedings of the trial court
concerning | ||||||
4 | the offense available for public inspection.
| ||||||
5 | (c-6) If a conviction has been set aside on direct review | ||||||
6 | or on
collateral attack
and the court determines by clear and | ||||||
7 | convincing evidence that the defendant
was factually innocent | ||||||
8 | of
the charge, the court shall enter an expungement order as | ||||||
9 | provided in
subsection (b) of Section 5-5-4
of the Unified Code | ||||||
10 | of Corrections.
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11 | (d) Notice of the petition for subsections (a), (b), and | ||||||
12 | (c) shall be
served upon the State's Attorney or prosecutor | ||||||
13 | charged with the duty
of prosecuting the offense, the | ||||||
14 | Department of State Police, the arresting
agency and the chief | ||||||
15 | legal officer of the unit of local government
affecting the | ||||||
16 | arrest. Unless the State's Attorney or prosecutor, the
| ||||||
17 | Department of State Police, the arresting agency or such chief | ||||||
18 | legal officer
objects to the petition within 30 days from the | ||||||
19 | date of the notice, the
court shall enter an order granting or | ||||||
20 | denying the petition. The clerk
of the court shall promptly | ||||||
21 | mail a copy of the order to the person, the
arresting agency, | ||||||
22 | the prosecutor, the Department of State Police and such
other | ||||||
23 | criminal justice agencies as may be ordered by the judge.
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24 | (e) Nothing herein shall prevent the Department of State | ||||||
25 | Police from
maintaining all records of any person who is | ||||||
26 | admitted to probation upon
terms and conditions and who |
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1 | fulfills those terms and conditions pursuant
to Section 10 of | ||||||
2 | the Cannabis Control Act, Section 410 of the Illinois
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3 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
4 | Control and Community Protection Act, Section 12-4.3 of the | ||||||
5 | Criminal Code
of 1961, Section 10-102 of the Illinois | ||||||
6 | Alcoholism and Other Drug
Dependency Act, Section 40-10 of the | ||||||
7 | Alcoholism and Other Drug Abuse and
Dependency Act, or Section | ||||||
8 | 10 of the Steroid Control Act.
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9 | (f) No court order issued under the expungement provisions | ||||||
10 | of this
Section shall become final for purposes of appeal until | ||||||
11 | 30 days after
notice is received by the Department. Any court | ||||||
12 | order contrary to the
provisions of this Section is void.
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13 | (g) Except as otherwise provided in subsection (c-5) of | ||||||
14 | this Section,
the court shall not order the sealing or | ||||||
15 | expungement of the arrest
records and records of the circuit | ||||||
16 | court clerk of any person granted
supervision for or convicted | ||||||
17 | of any sexual offense committed against a minor
under 18 years | ||||||
18 | of age. For the purposes of this Section, "sexual offense
| ||||||
19 | committed against a minor" includes but is not limited to the | ||||||
20 | offenses of
indecent solicitation of a child or criminal sexual | ||||||
21 | abuse when the victim of
such offense is under 18 years of age.
| ||||||
22 | (h) (1) Applicability. Notwithstanding any other provision | ||||||
23 | of this Act to the contrary and cumulative with any rights to | ||||||
24 | expungement of criminal records, this subsection authorizes | ||||||
25 | the sealing of criminal records of adults and of minors | ||||||
26 | prosecuted as adults. |
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1 | (2) Sealable offenses. The following offenses may be | ||||||
2 | sealed: | ||||||
3 | (A) All municipal ordinance violations and | ||||||
4 | misdemeanors, with the exception of the following: | ||||||
5 | (i) violations of Section 11-501 of the Illinois | ||||||
6 | Vehicle Code or a similar provision of a local | ||||||
7 | ordinance; | ||||||
8 | (ii) violations of Article 11 of the Criminal Code | ||||||
9 | of 1961 or a similar provision of a local ordinance, | ||||||
10 | except Section 11-14 of the Criminal Code of 1961 as | ||||||
11 | provided in clause B(i) of this subsection (h); | ||||||
12 | (iii) violations of Section 12-15, 12-30, or 26-5 | ||||||
13 | of the Criminal Code of 1961 or a similar provision of | ||||||
14 | a local ordinance; | ||||||
15 | (iv) violations that are a crime of violence as | ||||||
16 | defined in Section 2 of the Crime Victims Compensation | ||||||
17 | Act or a similar provision of a local ordinance; | ||||||
18 | (v) Class A misdemeanor violations of the Humane | ||||||
19 | Care for Animals Act; and | ||||||
20 | (vi) any offense or attempted offense that would | ||||||
21 | subject a person to registration under the Sex Offender | ||||||
22 | Registration Act. | ||||||
23 | (B) Misdemeanor and Class 4 felony violations of: | ||||||
24 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
25 | (ii) Section 4 of the Cannabis Control Act; | ||||||
26 | (iii) Section 402 of the Illinois Controlled |
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1 | Substances Act; and | ||||||
2 | (iv) Section 60 of the Methamphetamine Control and | ||||||
3 | Community Protection Act.
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4 | However, for purposes of this subsection (h), a | ||||||
5 | sentence of first offender probation under Section 10 of | ||||||
6 | the Cannabis Control Act, Section 410 of the Illinois | ||||||
7 | Controlled Substances Act, or Section 70 of the | ||||||
8 | Methamphetamine Control and Community Protection Act shall | ||||||
9 | be treated as a Class 4 felony conviction. | ||||||
10 | (3) Requirements for sealing. Records identified as | ||||||
11 | sealable under clause (h) (2) may be sealed when the individual | ||||||
12 | was: | ||||||
13 | (A) Acquitted of the offense or offenses or released | ||||||
14 | without being convicted . | ||||||
15 | (B) Convicted of the offense or offenses and the | ||||||
16 | conviction or convictions were reversed . | ||||||
17 | (C) Placed on misdemeanor supervision for an offense or | ||||||
18 | offenses; and | ||||||
19 | (i) at least 3 years have elapsed since the | ||||||
20 | completion of the term of supervision, or terms of | ||||||
21 | supervision, if more than one term has been ordered; | ||||||
22 | and | ||||||
23 | (ii) the individual has not been convicted of a | ||||||
24 | felony or misdemeanor or placed on supervision for a | ||||||
25 | misdemeanor or felony during the period specified in | ||||||
26 | clause (i). |
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1 | (D) Convicted of an offense or offenses; and | ||||||
2 | (i) at least 4 years have elapsed since the last | ||||||
3 | such conviction or term of any sentence, probation, | ||||||
4 | parole, or supervision, if any, whichever is last in | ||||||
5 | time; and | ||||||
6 | (ii) the individual has not been convicted of a | ||||||
7 | felony or misdemeanor or placed on supervision for a | ||||||
8 | misdemeanor or felony during the period specified in | ||||||
9 | clause (i). | ||||||
10 | (4) Requirements for sealing of records when more than one | ||||||
11 | charge and disposition have been filed. When multiple offenses | ||||||
12 | are petitioned to be sealed under this subsection (h), the | ||||||
13 | requirements of the relevant provisions of clauses (h)(3)(A) | ||||||
14 | through (D) each apply. In instances in which more than one | ||||||
15 | waiting period is applicable under clauses (h)(C)(i) and (ii) | ||||||
16 | and (h)(D)(i) and (ii), the longer applicable period applies, | ||||||
17 | and the requirements of clause (h) (3) shall be considered met | ||||||
18 | when the petition is filed after the passage of the longer | ||||||
19 | applicable waiting period. That period commences on the date of | ||||||
20 | the completion of the last sentence or the end of supervision, | ||||||
21 | probation, or parole, whichever is last in time. | ||||||
22 | (5) Subsequent convictions. A person may not have | ||||||
23 | subsequent felony conviction records sealed as provided in this | ||||||
24 | subsection (h) if he or she is convicted of any felony offense | ||||||
25 | after the date of the sealing of prior felony records as | ||||||
26 | provided in this subsection (h). |
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1 | (6) Notice of eligibility for sealing. Upon acquittal, | ||||||
2 | release without conviction, or being placed on supervision for | ||||||
3 | a sealable offense, or upon conviction of a sealable offense, | ||||||
4 | the person shall be informed by the court of the right to have | ||||||
5 | the records sealed and the procedures for the sealing of the | ||||||
6 | records. | ||||||
7 | (7) Procedure. Upon becoming eligible for the sealing of | ||||||
8 | records under this subsection (h), the person who seeks the | ||||||
9 | sealing of his or her records shall file a petition requesting | ||||||
10 | the sealing of records with the clerk of the court where the | ||||||
11 | charge or charges were brought. The records may be sealed by | ||||||
12 | the Chief Judge of the circuit wherein the charge was brought, | ||||||
13 | any judge of that circuit designated by the Chief Judge, or in | ||||||
14 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
15 | trial judge at the defendant's trial, if any. If charges were | ||||||
16 | brought in multiple jurisdictions, a petition must be filed in | ||||||
17 | each such jurisdiction. The petitioner shall pay the applicable | ||||||
18 | fee, if not waived. | ||||||
19 | (A) Contents of petition. The petition shall contain | ||||||
20 | the petitioner's name, date of birth, current address, each | ||||||
21 | charge, each case number, the date of each charge, the | ||||||
22 | identity of the arresting authority, and such other | ||||||
23 | information as the court may require. During the pendency | ||||||
24 | of the proceeding, the petitioner shall promptly notify the | ||||||
25 | clerk of the court of any change of address. | ||||||
26 | (B) Drug test. A person filing a petition to have his |
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| |||||||
1 | or her records sealed for a Class 4 felony violation of | ||||||
2 | Section 4 of the Cannabis Control Act or for a Class 4 | ||||||
3 | felony violation of Section 402 of the Illinois Controlled | ||||||
4 | Substances Act must attach to the petition proof that the | ||||||
5 | petitioner has passed a test taken within the previous 30 | ||||||
6 | days before the filing of the petition showing the absence | ||||||
7 | within his or her body of all illegal substances in | ||||||
8 | violation of either the Illinois Controlled Substances Act | ||||||
9 | or the Cannabis Control Act. | ||||||
10 | (C) Service of petition. The clerk shall promptly serve | ||||||
11 | a copy of the petition on the State's Attorney or | ||||||
12 | prosecutor charged with the duty of prosecuting the | ||||||
13 | offense, the Department of State Police, the arresting | ||||||
14 | agency and the chief legal officer of the unit of local | ||||||
15 | government effecting the arrest. | ||||||
16 | (D) Entry of order. Unless the State's Attorney or | ||||||
17 | prosecutor, the Department of State Police, the arresting | ||||||
18 | agency or such chief legal officer objects to sealing of | ||||||
19 | the records within 90 days of notice the court shall enter | ||||||
20 | an order sealing the defendant's records. | ||||||
21 | (E) Hearing upon objection. If an objection is filed, | ||||||
22 | the court shall set a date for a hearing and notify the | ||||||
23 | petitioner and the parties on whom the petition had been | ||||||
24 | served, and shall hear evidence on whether the sealing of | ||||||
25 | the records should or should not be granted, and shall make | ||||||
26 | a determination on whether to issue an order to seal the |
| |||||||
| |||||||
1 | records based on the evidence presented at the hearing. | ||||||
2 | (F) Service of order. After entering the order to seal | ||||||
3 | records, the court must provide copies of the order to the | ||||||
4 | Department, in a form and manner prescribed by the | ||||||
5 | Department, to the petitioner, to the State's Attorney or | ||||||
6 | prosecutor charged with the duty of prosecuting the | ||||||
7 | offense, to the arresting agency, to the chief legal | ||||||
8 | officer of the unit of local government effecting the | ||||||
9 | arrest, and to such other criminal justice agencies as may | ||||||
10 | be ordered by the court. | ||||||
11 | (8) Fees. Notwithstanding any provision of the Clerk of the | ||||||
12 | Courts Act to the contrary, and subject to the approval of the | ||||||
13 | county board, the clerk may charge a fee equivalent to the cost | ||||||
14 | associated with the sealing of records by the clerk and the | ||||||
15 | Department of State Police. The clerk shall forward the | ||||||
16 | Department of State Police portion of the fee to the Department | ||||||
17 | and it shall be deposited into the State Police Services Fund. | ||||||
18 | (i) Subject to available funding, the Illinois Department | ||||||
19 | of Corrections shall conduct a study of the impact of sealing, | ||||||
20 | especially on employment and recidivism rates, utilizing a | ||||||
21 | random sample of those who apply for the sealing of their | ||||||
22 | criminal records under Public Act 93-211, in accordance to | ||||||
23 | rules adopted by the Department. At the request of the Illinois | ||||||
24 | Department of Corrections, records of the Illinois Department | ||||||
25 | of Employment Security shall be utilized as appropriate to | ||||||
26 | assist in the study. The study shall not disclose any data in a |
| |||||||
| |||||||
1 | manner that would allow the identification of any particular | ||||||
2 | individual or employing unit. The study shall be made available | ||||||
3 | to the General Assembly no later than September 1, 2006.
| ||||||
4 | (Source: P.A. 93-210, eff. 7-18-03; 93-211, eff. 1-1-04; | ||||||
5 | 93-1084, eff. 6-1-05; 94-556, eff. 9-11-05.)
| ||||||
6 | (20 ILCS 2630/6 new) | ||||||
7 | Sec. 6. Expungement and sealing. | ||||||
8 | (a) General Provisions. | ||||||
9 | (1) Definitions. In this Act, words and phrases have
| ||||||
10 | the meanings set forth in this subsection, except when a
| ||||||
11 | particular context clearly requires a different meaning. | ||||||
12 | (A) The following terms shall have the meanings | ||||||
13 | ascribed to them in the Unified Code of Corrections, | ||||||
14 | 730 ILCS 5/5-1-2 thru 5/5-1-22: | ||||||
15 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
16 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
17 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
18 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
19 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
20 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
21 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
22 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
23 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
24 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
25 | (xi) Petty Offense (730 ILCS 5/5-1-17), |
| |||||||
| |||||||
1 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
2 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
3 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
4 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
5 | (B) As used in this Section, "charge not initiated | ||||||
6 | by arrest" means a charge (as defined by 730 ILCS | ||||||
7 | 5/5-1-3) brought against a defendant where the | ||||||
8 | defendant is not arrested prior to or as a direct | ||||||
9 | result of the charge. | ||||||
10 | (C) "Conviction" means a judgment of conviction or | ||||||
11 | sentence entered upon a plea of guilty or upon a | ||||||
12 | verdict or finding of guilty of an offense, rendered by | ||||||
13 | a legally constituted jury or by a court of competent | ||||||
14 | jurisdiction authorized to try the case without a jury. | ||||||
15 | An order of supervision successfully completed by the | ||||||
16 | petitioner is not a conviction. An order of qualified | ||||||
17 | probation (as defined in subsection (a)(1)(J)) | ||||||
18 | successfully completed by the petitioner is not a | ||||||
19 | conviction. An order of supervision or an order of | ||||||
20 | qualified probation that is terminated | ||||||
21 | unsatisfactorily is a conviction, unless the | ||||||
22 | unsatisfactory termination is reversed, vacated, or | ||||||
23 | modified and the judgment of conviction, if any, is | ||||||
24 | reversed or vacated. | ||||||
25 | (D) "Criminal offense" means a petty offense, | ||||||
26 | business offense, misdemeanor, felony, or municipal |
| |||||||
| |||||||
1 | ordinance violation (as defined in (a)(1)(H)). As used | ||||||
2 | in this Section, a minor traffic offense (as defined in | ||||||
3 | subsection (a)(1)(G)) shall not be considered a | ||||||
4 | criminal offense. | ||||||
5 | (E) "Expunge" means to physically destroy the | ||||||
6 | records or return them to the petitioner and to | ||||||
7 | obliterate the petitioner's name from any official | ||||||
8 | index or public record, or both. Nothing in this Act | ||||||
9 | shall require the physical destruction of the Circuit | ||||||
10 | Court file, but such records relating to arrests or | ||||||
11 | charges, or both, ordered expunged shall be impounded | ||||||
12 | as required by subsections (d)(9)(A)(ii) and | ||||||
13 | (d)(9)(B)(ii). | ||||||
14 | (F) As used in this Section, "last sentence" means | ||||||
15 | the sentence, order of supervision, or order of | ||||||
16 | qualified probation (as defined by subsection | ||||||
17 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
18 | (a)(1)(D)) that terminates last in time in any | ||||||
19 | jurisdiction, regardless of whether the petitioner has | ||||||
20 | included the criminal offense for which the sentence or | ||||||
21 | order of supervision or qualified probation was | ||||||
22 | imposed in his or her petition or petitions. If | ||||||
23 | multiple sentences, orders of supervision, or orders | ||||||
24 | of qualified probation terminate on the same day and | ||||||
25 | are last in time, they shall be collectively considered | ||||||
26 | the "last sentence" regardless of whether they were |
| |||||||
| |||||||
1 | ordered to run concurrently. | ||||||
2 | (G) "Minor traffic offense" means a petty offense, | ||||||
3 | business offense, or Class C misdemeanor under the | ||||||
4 | Illinois Vehicle Code or a similar provision of a | ||||||
5 | municipal or local ordinance. | ||||||
6 | (H) "Municipal ordinance violation" means an | ||||||
7 | offense defined by a municipal or local ordinance that | ||||||
8 | is criminal in nature and with which the petitioner was | ||||||
9 | charged or for which the petitioner was arrested and | ||||||
10 | released without charging. | ||||||
11 | (I) "Petitioner" means an adult or a minor | ||||||
12 | prosecuted as an
adult who has applied for relief under | ||||||
13 | this Section. | ||||||
14 | (J) "Qualified probation" means an order of | ||||||
15 | probation under Section 10 of the Cannabis Control Act, | ||||||
16 | Section 410 of the Illinois Controlled Substances Act, | ||||||
17 | Section 70 of the Methamphetamine Control and | ||||||
18 | Community Protection Act, Section 12-4.3(b)(1) and (2) | ||||||
19 | of the Criminal Code of 1961 (as those provisions | ||||||
20 | existed before their deletion by Public Act 89-313), | ||||||
21 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
22 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
23 | and Other Drug Abuse and Dependency Act, or Section 10 | ||||||
24 | of the Steroid Control Act. For the purpose of this | ||||||
25 | Section, "successful completion" of an order of | ||||||
26 | qualified probation under Section 10-102 of the |
| |||||||
| |||||||
1 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
2 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
3 | and Dependency Act means that the probation was | ||||||
4 | terminated satisfactorily and the judgment of | ||||||
5 | conviction was vacated. | ||||||
6 | (K) "Seal" means to physically and electronically | ||||||
7 | maintain the records, unless the records would | ||||||
8 | otherwise be destroyed due to age, but to make the | ||||||
9 | records unavailable without a court order, subject to | ||||||
10 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
11 | petitioner's name shall also be obliterated from the | ||||||
12 | official index required to be kept by the circuit court | ||||||
13 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
14 | any index issued by the circuit court clerk before the | ||||||
15 | entry of the order to seal shall not be affected. | ||||||
16 | (L) "Sexual offense committed against a minor" | ||||||
17 | includes but is
not limited to the offenses of indecent | ||||||
18 | solicitation of a child
or criminal sexual abuse when | ||||||
19 | the victim of such offense is
under 18 years of age. | ||||||
20 | (M) "Terminate" as it relates to a sentence or | ||||||
21 | order of supervision or qualified probation includes | ||||||
22 | either satisfactory or unsatisfactory termination of | ||||||
23 | the sentence, unless otherwise specified in this | ||||||
24 | Section. | ||||||
25 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
26 | convictions for minor traffic offenses shall not affect a |
| |||||||
| |||||||
1 | petitioner's eligibility to expunge or seal records | ||||||
2 | pursuant to this Section. | ||||||
3 | (3) Exclusions. Except as otherwise provided in | ||||||
4 | subsections (b)(5), (b)(6), and subsection (e) of this | ||||||
5 | Section, the court shall not order: | ||||||
6 | (A) the sealing or expungement of the records | ||||||
7 | of arrests or charges not initiated by arrest that | ||||||
8 | result in an order of supervision for or conviction of:
| ||||||
9 | (i) any sexual offense committed against a
minor;
(ii) | ||||||
10 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
11 | similar provision of a local ordinance; or (iii) | ||||||
12 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
13 | similar provision of a local ordinance. | ||||||
14 | (B) the sealing or expungement of records of minor | ||||||
15 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
16 | unless the petitioner was arrested and released | ||||||
17 | without charging. | ||||||
18 | (C) the sealing of the records of arrests or | ||||||
19 | charges not initiated by arrest which result in an | ||||||
20 | order of supervision, an order of qualified probation | ||||||
21 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
22 | for the following offenses: | ||||||
23 | (i) offenses included in Article 11 of the | ||||||
24 | Criminal Code of 1961 or a similar provision of a | ||||||
25 | local ordinance, except Section 11-14 of the | ||||||
26 | Criminal Code of 1961 or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance; | ||||||
2 | (ii) Section 12-15, 12-30, or 26-5 of the | ||||||
3 | Criminal Code of 1961 or a similar provision of a | ||||||
4 | local ordinance; | ||||||
5 | (iii) offenses defined as "crimes of violence" | ||||||
6 | in Section 2 of the Crime Victims Compensation Act | ||||||
7 | or a similar provision of a local ordinance; | ||||||
8 | (iv) offenses which are Class A misdemeanors | ||||||
9 | under the Humane Care for Animals Act; or | ||||||
10 | (v) any offense or attempted offense that | ||||||
11 | would subject a person to registration under the | ||||||
12 | Sex Offender Registration Act. | ||||||
13 | (D) the sealing of the records of an arrest which | ||||||
14 | results in
the petitioner being charged with a felony | ||||||
15 | offense or records of a charge not initiated by arrest | ||||||
16 | for a felony offense, regardless of the disposition, | ||||||
17 | unless: | ||||||
18 | (i) the charge is amended to a misdemeanor and | ||||||
19 | is otherwise
eligible to be sealed pursuant to | ||||||
20 | subsection (c); | ||||||
21 | (ii) the charge results in first offender | ||||||
22 | probation as set forth in subsection (c)(2)(E); or | ||||||
23 | (iii) the charge is for a Class 4 felony | ||||||
24 | offense listed in subsection (c)(2)(F) or the | ||||||
25 | charge is amended to a Class 4 felony offense | ||||||
26 | listed in subsection (c)(2)(F). Records of arrests |
| |||||||
| |||||||
1 | which result in the petitioner being charged with a | ||||||
2 | Class 4 felony offense listed in subsection | ||||||
3 | (c)(2)(F), records of charges not initiated by | ||||||
4 | arrest for Class 4 felony offenses listed in | ||||||
5 | subsection (c)(2)(F), and records of charges | ||||||
6 | amended to a Class 4 felony offense listed in | ||||||
7 | (c)(2)(F) may be sealed, regardless of the | ||||||
8 | disposition, subject to any waiting periods set | ||||||
9 | forth in subsection (c)(3). | ||||||
10 | (b) Expungement. | ||||||
11 | (1) A petitioner may petition the circuit court to | ||||||
12 | expunge the
records of his or her arrests and charges not | ||||||
13 | initiated by arrest when: | ||||||
14 | (A) He or she has never been convicted of a | ||||||
15 | criminal offense; and | ||||||
16 | (B) Each arrest or charge not initiated by arrest
| ||||||
17 | sought to be expunged resulted in:
(i) acquittal, | ||||||
18 | dismissal, or the petitioner's release without | ||||||
19 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
20 | (ii) a conviction which was vacated or reversed, unless | ||||||
21 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
22 | supervision and such supervision was successfully | ||||||
23 | completed by the petitioner, unless excluded by | ||||||
24 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
25 | qualified probation (as defined in subsection | ||||||
26 | (a)(1)(J)) and such probation was successfully |
| |||||||
| |||||||
1 | completed by the petitioner. | ||||||
2 | (2) Time frame for filing a petition to expunge. | ||||||
3 | (A) When the arrest or charge not initiated by | ||||||
4 | arrest sought to be expunged resulted in an acquittal, | ||||||
5 | dismissal, the petitioner's release without charging, | ||||||
6 | or the reversal or vacation of a conviction, there is | ||||||
7 | no waiting period to petition for the expungement of | ||||||
8 | such records. | ||||||
9 | (B) When the arrest or charge not initiated by | ||||||
10 | arrest
sought to be expunged resulted in an order of | ||||||
11 | supervision, successfully
completed by the petitioner, | ||||||
12 | the following time frames will apply: | ||||||
13 | (i) Those arrests or charges that resulted in | ||||||
14 | orders of
supervision under Section 3-707, 3-708, | ||||||
15 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle | ||||||
16 | Code or a similar provision of a local ordinance, | ||||||
17 | or under Section 12-3.2, 12-15 or 16A-3 of the | ||||||
18 | Criminal Code of 1961, shall not be eligible for | ||||||
19 | expungement until 5 years have passed following | ||||||
20 | the satisfactory termination of the supervision. | ||||||
21 | (ii) Those arrests or charges that resulted in | ||||||
22 | orders
of supervision for any other offenses shall | ||||||
23 | not be
eligible for expungement until 2 years have | ||||||
24 | passed
following the satisfactory termination of | ||||||
25 | the supervision. | ||||||
26 | (C) When the arrest or charge not initiated by |
| |||||||
| |||||||
1 | arrest sought to
be expunged resulted in an order of | ||||||
2 | qualified probation, successfully
completed by the | ||||||
3 | petitioner, such records shall not be eligible for
| ||||||
4 | expungement until 5 years have passed following the | ||||||
5 | satisfactory
termination of the probation. | ||||||
6 | (3) Those records maintained by the Department for
| ||||||
7 | persons arrested prior to their 17th birthday shall be
| ||||||
8 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
9 | Act of 1987. | ||||||
10 | (4) Whenever a person has been arrested for or | ||||||
11 | convicted of any
offense, in the name of a person whose | ||||||
12 | identity he has stolen or otherwise
come into possession | ||||||
13 | of, the aggrieved person from whom the identity
was stolen | ||||||
14 | or otherwise obtained without authorization,
upon learning | ||||||
15 | of the person having been arrested using his
identity, may, | ||||||
16 | upon verified petition to the chief judge of
the circuit | ||||||
17 | wherein the arrest was made, have a court order
entered | ||||||
18 | nunc pro tunc by the chief judge to correct the
arrest | ||||||
19 | record, conviction record, if any, and all official
records | ||||||
20 | of the arresting authority, the Department, other
criminal | ||||||
21 | justice agencies, the prosecutor, and the trial
court | ||||||
22 | concerning such arrest, if any, by removing his name
from | ||||||
23 | all such records in connection with the arrest and
| ||||||
24 | conviction, if any, and by inserting in the records the
| ||||||
25 | name of the offender, if known or ascertainable, in lieu of
| ||||||
26 | the aggrieved's name. The records of the clerk of the
|
| |||||||
| |||||||
1 | circuit court clerk shall be sealed until further order of
| ||||||
2 | the court upon good cause shown and the name of the
| ||||||
3 | aggrieved person obliterated on the official index
| ||||||
4 | required to be kept by the circuit court clerk under
| ||||||
5 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
6 | not affect any index issued by the circuit court clerk
| ||||||
7 | before the entry of the order. Nothing in this Section
| ||||||
8 | shall limit the Department of State Police or other
| ||||||
9 | criminal justice agencies or prosecutors from listing
| ||||||
10 | under an offender's name the false names he or she has
| ||||||
11 | used. | ||||||
12 | (5) Whenever a person has been convicted of criminal
| ||||||
13 | sexual assault, aggravated criminal sexual assault,
| ||||||
14 | predatory criminal sexual assault of a child, criminal
| ||||||
15 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
16 | victim of that offense may request that the State's
| ||||||
17 | Attorney of the county in which the conviction occurred
| ||||||
18 | file a verified petition with the presiding trial judge at
| ||||||
19 | the petitioner's trial to have a court order entered to | ||||||
20 | seal
the records of the clerk of the circuit court in | ||||||
21 | connection
with the proceedings of the trial court | ||||||
22 | 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 | ||||||
26 | the circuit court in
connection with the proceedings of the |
| |||||||
| |||||||
1 | trial court
concerning the offense available for public | ||||||
2 | inspection. | ||||||
3 | (6) If a conviction has been set aside on direct review
| ||||||
4 | or on collateral attack and the court determines by clear
| ||||||
5 | and convincing evidence that the petitioner was factually
| ||||||
6 | innocent of the charge, the court shall enter an
| ||||||
7 | expungement order as provided in subsection (b) of Section
| ||||||
8 | 5-5-4 of the Unified Code of Corrections. | ||||||
9 | (7) Nothing herein shall prevent the Department of
| ||||||
10 | State Police from maintaining all records of any person who
| ||||||
11 | is admitted to probation upon terms and conditions and who
| ||||||
12 | fulfills those terms and conditions pursuant to Section 10
| ||||||
13 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
14 | Controlled Substances Act, Section 70 of the
| ||||||
15 | Methamphetamine Control and Community Protection Act,
| ||||||
16 | Section 12-4.3 of the Criminal Code of 1961, Section 10-102
| ||||||
17 | of the Illinois Alcoholism and Other Drug Dependency Act,
| ||||||
18 | Section 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
19 | Dependency Act, or Section 10 of the Steroid Control Act. | ||||||
20 | (c) Sealing. | ||||||
21 | (1) Applicability. Notwithstanding any other provision | ||||||
22 | of this Act to the contrary, and cumulative with any rights | ||||||
23 | to expungement of criminal records, this subsection | ||||||
24 | authorizes the sealing of criminal records of adults and of | ||||||
25 | minors prosecuted as adults. | ||||||
26 | (2) Eligible Records. The following records may be |
| |||||||
| |||||||
1 | sealed: | ||||||
2 | (A) All arrests resulting in release without | ||||||
3 | charging; | ||||||
4 | (B) Arrests or charges not initiated by arrest | ||||||
5 | resulting in acquittal, dismissal, or conviction when | ||||||
6 | the conviction was reversed or vacated, except as | ||||||
7 | excluded by subsection (a)(3)(B) or (a)(3)(D); | ||||||
8 | (C) Arrests or charges not initiated by arrest | ||||||
9 | resulting in orders of supervision successfully | ||||||
10 | completed by the petitioner, unless excluded by | ||||||
11 | subsection (a)(3); | ||||||
12 | (D) Arrests or charges not initiated by arrest | ||||||
13 | resulting in convictions unless excluded by subsection | ||||||
14 | (a)(3); | ||||||
15 | (E) Arrests or charges not initiated by arrest | ||||||
16 | resulting in orders of first offender probation under | ||||||
17 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
18 | the Illinois Controlled Substances Act, or Section 70 | ||||||
19 | of the Methamphetamine Control and Community | ||||||
20 | Protection Act; and | ||||||
21 | (F) Arrests or charges not initiated by arrest | ||||||
22 | resulting in Class 4 felony convictions for the | ||||||
23 | following offenses: | ||||||
24 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
25 | (ii) Section 4 of the Cannabis Control Act; | ||||||
26 | (iii) Section 402 of the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act; | ||||||
2 | (iv) the Methamphetamine Precursor Control | ||||||
3 | Act; and | ||||||
4 | (v) the Steroid Control Act. | ||||||
5 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
6 | identified as eligible under subsection (c)(2) may be | ||||||
7 | sealed as follows: | ||||||
8 | (A) Records identified as eligible under | ||||||
9 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
10 | time. | ||||||
11 | (B) Records identified as eligible under | ||||||
12 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
13 | the termination of petitioner's last sentence (as | ||||||
14 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
15 | never been convicted of a criminal offense (as defined | ||||||
16 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
17 | termination of the petitioner's last sentence (as | ||||||
18 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
19 | ever been convicted of a criminal offense (as defined | ||||||
20 | in subsection (a)(1)(D)). | ||||||
21 | (C) Records identified as eligible under | ||||||
22 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
23 | sealed 4 years after the termination of the | ||||||
24 | petitioner's last sentence (as defined in subsection | ||||||
25 | (a)(1)(F)). | ||||||
26 | (4) Subsequent felony convictions. A person may not |
| |||||||
| |||||||
1 | have
subsequent felony conviction records sealed as | ||||||
2 | provided in this subsection
(c) if he or she is convicted | ||||||
3 | of any felony offense after the date of the
sealing of | ||||||
4 | prior felony convictions as provided in this subsection | ||||||
5 | (c). The court may, upon conviction for a subsequent felony | ||||||
6 | offense, order the unsealing of prior felony conviction | ||||||
7 | records previously ordered sealed by the court. | ||||||
8 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
9 | disposition for an eligible record under this subsection | ||||||
10 | (c), the petitioner shall be informed by the court of the | ||||||
11 | right to have the records sealed and the procedures for the | ||||||
12 | sealing of the records. | ||||||
13 | (d) Procedure. The following procedures apply to | ||||||
14 | expungement under subsections (b) and (e), and sealing under | ||||||
15 | subsection (c): | ||||||
16 | (1) Filing the petition. Upon becoming eligible to | ||||||
17 | petition for
the expungement or sealing of records under | ||||||
18 | this Section, the petitioner shall file a petition | ||||||
19 | requesting the expungement
or sealing of records with the | ||||||
20 | clerk of the court where the arrests occurred or the | ||||||
21 | charges were brought, or both. If arrests occurred or | ||||||
22 | charges were brought in multiple jurisdictions, a petition | ||||||
23 | must be filed in each such jurisdiction. The petitioner | ||||||
24 | shall pay the applicable fee, if not waived. | ||||||
25 | (2) 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 or charge not | ||||||
2 | initiated by
arrest sought to be sealed or expunged, the | ||||||
3 | case number, the date of
arrest (if any), the identity of | ||||||
4 | the arresting authority, and such
other information as the | ||||||
5 | court may require. During the pendency
of the proceeding, | ||||||
6 | the petitioner shall promptly notify the
clerk of the court | ||||||
7 | of any change of his or her address. | ||||||
8 | (3) Drug test. The petitioner must attach to the | ||||||
9 | petition proof that the petitioner has passed a test taken | ||||||
10 | within 30 days before the filing of the petition showing | ||||||
11 | the absence within his or her body of all illegal | ||||||
12 | substances as defined by the Illinois Controlled | ||||||
13 | Substances Act, the Methamphetamine Control and Community | ||||||
14 | Protection Act, and the Cannabis Control Act if he or she | ||||||
15 | is petitioning to seal felony records pursuant to clause | ||||||
16 | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | ||||||
17 | petitioning to expunge felony records of a qualified | ||||||
18 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
19 | (4) Service of petition. The clerk of the court shall | ||||||
20 | promptly
serve a copy of the petition on the State's | ||||||
21 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
22 | the
offense, the Department of State Police, the arresting
| ||||||
23 | agency and the chief legal officer of the unit of local
| ||||||
24 | government effecting the arrest. | ||||||
25 | (5) Objections. | ||||||
26 | (A) Any party entitled to notice of the petition |
| |||||||
| |||||||
1 | may file an objection to the petition. All objections | ||||||
2 | shall be in writing, shall be filed with the Clerk of | ||||||
3 | Court, and shall state with specificity the basis of | ||||||
4 | the objection. | ||||||
5 | (B) Objections to petitions to expunge or seal must | ||||||
6 | be filed within 60 days of the date of service of the | ||||||
7 | petition(s). | ||||||
8 | (6) Entry of order. | ||||||
9 | (A) The Chief Judge of the circuit wherein the | ||||||
10 | charge was brought, any judge of that circuit | ||||||
11 | designated by the Chief Judge, or in counties of less | ||||||
12 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
13 | at the petitioner's trial, if any, shall rule on the | ||||||
14 | petition(s) to expunge or seal as set forth in this | ||||||
15 | subsection (d)(6). | ||||||
16 | (B) Unless the State's Attorney or prosecutor, the | ||||||
17 | Department of
State Police, the arresting agency, or | ||||||
18 | the chief legal officer
files an objection to the | ||||||
19 | petition(s) to expunge or seal within 60 days from the | ||||||
20 | date of service of the petition(s), the court shall | ||||||
21 | enter an order granting or denying the petition(s). | ||||||
22 | (7) Hearings. If an objection is filed, the court shall | ||||||
23 | set a date for a hearing and notify the petitioner and all | ||||||
24 | parties entitled to notice of the petition of the hearing | ||||||
25 | date at least 30 days prior to the hearing, and shall hear | ||||||
26 | evidence on whether the petition(s) should or should not be |
| |||||||
| |||||||
1 | granted, and shall grant or deny the petition(s) to expunge | ||||||
2 | or seal the records based on the evidence presented at the | ||||||
3 | hearing. | ||||||
4 | (8) Service of order. After entering an order to | ||||||
5 | expunge or
seal records, the court must provide copies of | ||||||
6 | the order to the
Department, in a form and manner | ||||||
7 | prescribed by the Department,
to the petitioner, to the | ||||||
8 | State's Attorney or prosecutor
charged with the duty of | ||||||
9 | prosecuting the offense, to the
arresting agency, to the | ||||||
10 | chief legal officer of the unit of
local government | ||||||
11 | effecting the arrest, and to such other
criminal justice | ||||||
12 | agencies as may be ordered by the court. | ||||||
13 | (9) Effect of order. | ||||||
14 | (A) Upon entry of an order to expunge records | ||||||
15 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both, | ||||||
16 | (i) the records shall be expunged (as defined | ||||||
17 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
18 | the Department, and any other agency as ordered by | ||||||
19 | the court; and | ||||||
20 | (ii) the records of the clerk of the circuit | ||||||
21 | court shall be impounded until further order of the | ||||||
22 | court upon good cause shown and the name of the | ||||||
23 | petitioner obliterated on the official index | ||||||
24 | required to be kept by the circuit court clerk | ||||||
25 | under Section 16 of the Clerks of Courts Act, but | ||||||
26 | the order shall not affect any index issued by the |
| |||||||
| |||||||
1 | circuit court clerk before the entry of the order. | ||||||
2 | (iii) In response to an inquiry for expunged | ||||||
3 | records, the court, the Department, or the agency | ||||||
4 | receiving such inquiry shall reply as it does in | ||||||
5 | response to inquiries when no records ever | ||||||
6 | existed. | ||||||
7 | (B) Upon entry of an order to expunge records | ||||||
8 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both, | ||||||
9 | (i) the records shall be expunged (as defined | ||||||
10 | in subsection (a)(1)(E)) by the arresting agency | ||||||
11 | and any other agency as ordered by the court; | ||||||
12 | (ii) the records of the clerk of the circuit | ||||||
13 | court shall be impounded until further order of the | ||||||
14 | court upon good cause shown and the name of the | ||||||
15 | petitioner obliterated on the official index | ||||||
16 | required to be kept by the circuit court clerk | ||||||
17 | under Section 16 of the Clerks of Courts Act, but | ||||||
18 | the order shall not affect any index issued by the | ||||||
19 | circuit court clerk before the entry of the order; | ||||||
20 | and | ||||||
21 | (iii) the records shall be impounded by the
| ||||||
22 | Department. | ||||||
23 | (iv) Records impounded by the Department may | ||||||
24 | be disseminated by the Department only to the | ||||||
25 | arresting authority, the State's Attorney, and the | ||||||
26 | court upon a later arrest for the same or a similar |
| |||||||
| |||||||
1 | offense or for the purpose of sentencing for any | ||||||
2 | subsequent felony, and to the Department of | ||||||
3 | Corrections upon conviction for any offense. | ||||||
4 | (v) In response to an inquiry for such records | ||||||
5 | from anyone not authorized by law to access such | ||||||
6 | records the court, the Department, or the agency | ||||||
7 | receiving such inquiry shall reply as it does in | ||||||
8 | response to inquiries when no records ever | ||||||
9 | existed. | ||||||
10 | (C) Upon entry of an order to seal records under | ||||||
11 | subsection
(c), the arresting agency, any other agency | ||||||
12 | as ordered by the court, the Department, and the court | ||||||
13 | shall seal the records (as defined in subsection | ||||||
14 | (a)(1)(K)). In response to an inquiry for such records | ||||||
15 | from anyone not authorized by law to access such | ||||||
16 | records the court, the Department, or the agency | ||||||
17 | receiving such inquiry shall reply as it does in | ||||||
18 | response to inquiries when no records ever existed. | ||||||
19 | (10) Fees. The Department may charge the petitioner a | ||||||
20 | fee equivalent to the cost of processing any order to | ||||||
21 | expunge or seal records. Notwithstanding any provision of | ||||||
22 | the Clerks of Courts Act to the contrary, the clerk may | ||||||
23 | charge a fee equivalent to the cost associated with the | ||||||
24 | sealing or expungement of records by the clerk. From the | ||||||
25 | total filing fee collected for the petition to seal or | ||||||
26 | expunge, the clerk shall deposit $10 into the Circuit Court |
| |||||||
| |||||||
1 | Clerk Operation and Administrative Fund, to be used to | ||||||
2 | offset the costs incurred by the Circuit Court Clerk in | ||||||
3 | performing the additional duties required to serve the | ||||||
4 | petition to seal or expunge on all parties. The clerk shall | ||||||
5 | collect and forward the Department of State Police portion | ||||||
6 | of the fee to the Department and it shall be deposited in | ||||||
7 | the State Police Services Fund. | ||||||
8 | (11) Final Order. No court order issued under the | ||||||
9 | expungement or sealing provisions of this Section shall | ||||||
10 | become final for purposes of appeal until 30 days after | ||||||
11 | service of the order on the petitioner and all parties | ||||||
12 | entitled to notice of the petition. | ||||||
13 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
14 | petitioner or any party entitled to notice may file a | ||||||
15 | motion to vacate, modify, or reconsider the order(s) | ||||||
16 | granting or denying the petition(s) to expunge or seal | ||||||
17 | within 60 days of service of the order(s). | ||||||
18 | (13) Void Orders. Any court order to expunge or seal | ||||||
19 | records that is contrary to this Section is void. | ||||||
20 | (e) Whenever a person who has been convicted of an offense | ||||||
21 | is granted
a pardon by the Governor which specifically | ||||||
22 | authorizes expungement, he or she may,
upon verified petition | ||||||
23 | to the chief judge of the circuit where the person had
been | ||||||
24 | convicted, any judge of the circuit designated by the Chief | ||||||
25 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
26 | presiding trial judge at the
defendant's trial, may have a |
| |||||||
| |||||||
1 | court order entered expunging the record of
arrest from the | ||||||
2 | official records of the arresting authority and order that the
| ||||||
3 | records of the clerk of the circuit court and the Department be | ||||||
4 | sealed until
further order of the court upon good cause shown | ||||||
5 | or as otherwise provided
herein, and the name of the defendant | ||||||
6 | obliterated from the official index
requested to be kept by the | ||||||
7 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
8 | Act in connection with the arrest and conviction for the | ||||||
9 | offense for
which he or she had been pardoned but the order | ||||||
10 | shall not affect any index issued by
the circuit court clerk | ||||||
11 | before the entry of the order. All records sealed by
the | ||||||
12 | Department may be disseminated by the Department only as | ||||||
13 | required by law or
to the arresting authority, the State's | ||||||
14 | Attorney, and the court upon a later
arrest for the same or | ||||||
15 | similar offense or for the purpose of sentencing for any
| ||||||
16 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
17 | the Department
of Corrections shall have access to all sealed | ||||||
18 | records of the Department
pertaining to that individual. Upon | ||||||
19 | entry of the order of expungement, the
clerk of the circuit | ||||||
20 | court shall promptly mail a copy of the order to the
person who | ||||||
21 | was pardoned. | ||||||
22 | (f) Subject to available funding, the Illinois Department
| ||||||
23 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
24 | especially on employment and recidivism rates, utilizing a
| ||||||
25 | random sample of those who apply for the sealing of their
| ||||||
26 | criminal records under Public Act 93-211. At the request of the
|
| |||||||
| |||||||
1 | Illinois Department of Corrections, records of the Illinois
| ||||||
2 | Department of Employment Security shall be utilized as
| ||||||
3 | appropriate to assist in the study. The study shall not
| ||||||
4 | disclose any data in a manner that would allow the
| ||||||
5 | identification of any particular individual or employing unit.
| ||||||
6 | The study shall be made available to the General Assembly no
| ||||||
7 | later than September 1, 2009. | ||||||
8 | (g) Notwithstanding any other rulemaking authority that
| ||||||
9 | may exist, neither the Governor nor any agency or agency head
| ||||||
10 | under the jurisdiction of the Governor has any authority to
| ||||||
11 | make or promulgate rules to implement or enforce the provisions
| ||||||
12 | of this amendatory Act of the 95th General Assembly. If,
| ||||||
13 | however, the Governor believes that rules are necessary to
| ||||||
14 | implement or enforce the provisions of this amendatory Act of
| ||||||
15 | the 95th General Assembly, the Governor may suggest rules to
| ||||||
16 | the General Assembly by filing them with the Clerk of the House
| ||||||
17 | and the Secretary of the Senate and by requesting that the
| ||||||
18 | General Assembly authorize such rulemaking by law, enact those
| ||||||
19 | suggested rules into law, or take any other appropriate action
| ||||||
20 | in the General Assembly's discretion. Nothing contained in this
| ||||||
21 | amendatory Act of the 95th General Assembly shall be
| ||||||
22 | interpreted to grant rulemaking authority under any other
| ||||||
23 | Illinois statute where such authority is not otherwise
| ||||||
24 | explicitly given. For the purposes of this subsection (g),
| ||||||
25 | "rules" is given the meaning contained in Section 1-70 of the
| ||||||
26 | Illinois Administrative Procedure Act, and "agency" and
|
| |||||||
| |||||||
1 | "agency head" are given the meanings contained in Sections 1-20
| ||||||
2 | and 1-25 of the Illinois Administrative Procedure Act to the
| ||||||
3 | extent that such definitions apply to agencies or agency heads
| ||||||
4 | under the jurisdiction of the Governor.
| ||||||
5 | (20 ILCS 2630/13)
| ||||||
6 | Sec. 13. Retention and release of sealed records. | ||||||
7 | (a) The Department of State Police shall retain records | ||||||
8 | sealed under
subsection (c) (h) of Section 6 5 and shall | ||||||
9 | release them only as authorized by this Act. Felony records | ||||||
10 | sealed under subsection (c) (h) of Section 6 5
shall be used | ||||||
11 | and
disseminated by the Department only as otherwise | ||||||
12 | specifically required or authorized by a federal or State law, | ||||||
13 | rule, or regulation that requires inquiry into and release of | ||||||
14 | criminal records, including, but not limited to, subsection (A) | ||||||
15 | of Section 3 of this Act. However, all requests for records | ||||||
16 | that have been expunged, sealed, and impounded and the use of | ||||||
17 | those records are subject to the provisions of Section 2-103 of | ||||||
18 | the Illinois Human Rights Act. Upon
conviction for any offense, | ||||||
19 | the Department of Corrections shall have
access to all sealed | ||||||
20 | records of the Department pertaining to that
individual. | ||||||
21 | (b) Notwithstanding the foregoing, all sealed records are | ||||||
22 | subject to inspection and use by the court and inspection and | ||||||
23 | use by law enforcement agencies and State's Attorneys or other | ||||||
24 | prosecutors in carrying out the duties of their offices.
| ||||||
25 | (c) The sealed records maintained under subsection (a) are |
| |||||||
| |||||||
1 | exempt from
disclosure under the Freedom of Information Act. | ||||||
2 | (d) The Department of State Police shall commence the | ||||||
3 | sealing of records of felony arrests and felony convictions | ||||||
4 | pursuant to the provisions of subsection (c) (h) of Section 6 5 | ||||||
5 | of this Act no later than one year from the date that funds | ||||||
6 | have been made available for purposes of establishing the | ||||||
7 | technologies necessary to implement the changes made by this | ||||||
8 | amendatory Act of the 93rd General Assembly.
| ||||||
9 | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
|