Judiciary II - Criminal Law Committee
Filed: 3/22/2007
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1 | AMENDMENT TO HOUSE BILL 1831
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2 | AMENDMENT NO. ______. Amend House Bill 1831 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Section 5 and 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. |
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1 | Moving or nonmoving traffic violations under the Illinois
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2 | Vehicle Code shall not be reported except for violations of | ||||||
3 | Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In | ||||||
4 | addition, conservation offenses,
as defined in the Supreme | ||||||
5 | Court Rule 501(c), that are classified as Class B
misdemeanors | ||||||
6 | shall not be reported.
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7 | Whenever an adult or minor prosecuted as an adult,
not | ||||||
8 | having previously been convicted of any criminal offense or | ||||||
9 | municipal
ordinance violation, charged with a violation of a | ||||||
10 | municipal ordinance or a
felony or misdemeanor, is acquitted or | ||||||
11 | released without being convicted,
whether the acquittal or | ||||||
12 | release occurred before, on, or after the
effective date of | ||||||
13 | this amendatory Act of 1991, the Chief Judge of the circuit
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14 | wherein the charge was brought, any judge of that circuit | ||||||
15 | designated by the
Chief Judge, or in counties of less than | ||||||
16 | 3,000,000 inhabitants, the presiding
trial judge at the | ||||||
17 | defendant's trial may upon verified petition of the
defendant | ||||||
18 | order the record of arrest expunged from the official records | ||||||
19 | of the
arresting authority and the Department and order that | ||||||
20 | the records of the clerk
of the circuit court be sealed until | ||||||
21 | further order of the court upon good cause
shown and the name | ||||||
22 | of the defendant obliterated on the official index required
to | ||||||
23 | be kept by the circuit court clerk under Section 16 of the | ||||||
24 | Clerks of Courts
Act, but the order shall not affect any index | ||||||
25 | issued by the circuit court clerk
before the entry of the | ||||||
26 | order. The Department may charge the petitioner a fee
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1 | equivalent to the cost of processing any order to expunge or | ||||||
2 | seal the records,
and the fee shall be deposited into the State | ||||||
3 | Police Services Fund. The
records of those arrests, however, | ||||||
4 | that result in a disposition of
supervision for any offense | ||||||
5 | shall not be expunged from the records of the
arresting | ||||||
6 | authority or the Department nor impounded by the court until 2 | ||||||
7 | years
after discharge and dismissal of supervision. Those | ||||||
8 | records
that result from a supervision for a violation of | ||||||
9 | Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois | ||||||
10 | Vehicle Code or a similar provision
of a local ordinance, or | ||||||
11 | for a violation of Section 12-3.2, 12-15 or 16A-3
of the | ||||||
12 | Criminal Code of 1961, or probation under Section 10 of the | ||||||
13 | Cannabis
Control Act, Section 410 of the Illinois Controlled | ||||||
14 | Substances Act, Section 70 of the Methamphetamine Control and | ||||||
15 | Community Protection Act, Section
12-4.3(b)(1) and (2) of the | ||||||
16 | Criminal Code of 1961 (as those provisions
existed before their | ||||||
17 | deletion by Public Act 89-313), Section 10-102 of the
Illinois | ||||||
18 | Alcoholism and Other Drug Dependency Act when the judgment of
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19 | conviction has been vacated, Section 40-10 of the Alcoholism | ||||||
20 | and Other Drug
Abuse and Dependency Act when the judgment of | ||||||
21 | conviction has been vacated,
or Section 10 of the Steroid | ||||||
22 | Control Act shall not be expunged from the records
of the | ||||||
23 | arresting authority nor impounded by the court until 5 years | ||||||
24 | after
termination of probation or supervision. Those records | ||||||
25 | that result from a
supervision for a violation of Section | ||||||
26 | 11-501 of the Illinois Vehicle Code or
a similar provision of a |
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1 | local ordinance, shall not be expunged. All records
set out | ||||||
2 | above may be ordered by the court to be expunged from the | ||||||
3 | records of
the arresting authority and impounded by the court | ||||||
4 | after 5 years, but shall
not be expunged by the Department, but | ||||||
5 | shall, on court order be sealed by the
Department and 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 a similar offense or for | ||||||
9 | the purpose of sentencing for
any subsequent felony. Upon | ||||||
10 | conviction for any offense, the Department of
Corrections shall | ||||||
11 | have access to all sealed records of the Department
pertaining | ||||||
12 | to that individual.
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13 | (a-5) Those records maintained by the Department for | ||||||
14 | persons arrested
prior to their 17th birthday shall be expunged | ||||||
15 | as provided in Section 5-915 of
the Juvenile Court Act of 1987.
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16 | (b) Whenever a person has been convicted of a crime or of | ||||||
17 | the violation of
a municipal ordinance, in the name of a person | ||||||
18 | whose identity he has stolen
or otherwise come into possession | ||||||
19 | of, the aggrieved person from whom the
identity was stolen or | ||||||
20 | otherwise obtained without authorization, upon learning
of the | ||||||
21 | person having been arrested using his identity, may, upon | ||||||
22 | verified
petition to the chief judge of the circuit wherein the | ||||||
23 | arrest was made,
have a court order entered nunc pro tunc by | ||||||
24 | the chief judge to correct
the arrest record, conviction | ||||||
25 | record, if any, and all official records of the
arresting | ||||||
26 | authority, the Department, other criminal justice agencies, |
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1 | the
prosecutor, and the trial court concerning such arrest, if | ||||||
2 | any, by removing his
name from all such records in connection | ||||||
3 | with the arrest and conviction, if
any, and by inserting in the | ||||||
4 | records the name of the offender, if known or
ascertainable, in | ||||||
5 | lieu of the aggrieved's name. The records of the
clerk of
the | ||||||
6 | circuit court clerk shall be sealed until further order of the | ||||||
7 | court upon
good cause shown and the name of the aggrieved | ||||||
8 | person obliterated on the
official index required to be kept by | ||||||
9 | the circuit court clerk under Section 16
of the Clerks of | ||||||
10 | Courts Act, but the order shall not affect any index issued by
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11 | the circuit court clerk before the entry of the order. Nothing | ||||||
12 | in this Section
shall limit the Department of State Police or | ||||||
13 | other criminal justice agencies
or prosecutors from listing | ||||||
14 | under an offender's name the false names he or she
has used. | ||||||
15 | For purposes of this Section, convictions for moving and | ||||||
16 | nonmoving
traffic violations other than convictions for | ||||||
17 | violations of Chapter 4, Section
11-204.1 or Section 11-501 of | ||||||
18 | the Illinois Vehicle Code shall not be a bar to
expunging the | ||||||
19 | record of arrest and court records for
violation of a | ||||||
20 | misdemeanor or municipal ordinance.
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21 | (c) Whenever a person who has been convicted of an offense | ||||||
22 | is granted
a pardon by the Governor which specifically | ||||||
23 | authorizes expungement, he may,
upon verified petition to the | ||||||
24 | chief judge of the circuit where the person had
been convicted, | ||||||
25 | any judge of the circuit designated by the Chief Judge, or in
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26 | counties of less than 3,000,000 inhabitants, the presiding |
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1 | trial judge at the
defendant's trial, may have a court order | ||||||
2 | entered expunging the record of
arrest from the official | ||||||
3 | records of the arresting authority and order that the
records | ||||||
4 | of the clerk of the circuit court and the Department be sealed | ||||||
5 | until
further order of the court upon good cause shown or as | ||||||
6 | otherwise provided
herein, and the name of the defendant | ||||||
7 | obliterated from the official index
requested to be kept by the | ||||||
8 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
9 | Act in connection with the arrest and conviction for the | ||||||
10 | offense for
which he had been pardoned but the order shall not | ||||||
11 | affect any index issued by
the circuit court clerk before the | ||||||
12 | entry of the order. All records sealed by
the Department may be | ||||||
13 | disseminated by the Department only as required by law or
to | ||||||
14 | the arresting authority, the State's Attorney, and the court | ||||||
15 | upon a later
arrest for the same or similar offense or for the | ||||||
16 | purpose of sentencing for any
subsequent felony. Upon | ||||||
17 | conviction for any subsequent offense, the Department
of | ||||||
18 | Corrections shall have access to all sealed records of the | ||||||
19 | Department
pertaining to that individual. Upon entry of the | ||||||
20 | order of expungement, the
clerk of the circuit court shall | ||||||
21 | promptly mail a copy of the order to the
person who was | ||||||
22 | pardoned.
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23 | (c-5) Whenever a person has been convicted of criminal | ||||||
24 | sexual assault,
aggravated criminal sexual assault, predatory | ||||||
25 | criminal sexual assault of a
child, criminal sexual abuse, or | ||||||
26 | aggravated criminal sexual abuse, the victim
of that offense |
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1 | may request that the State's Attorney of the county in which
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2 | the conviction occurred file a verified petition with the | ||||||
3 | presiding trial judge
at the defendant's trial to have a court | ||||||
4 | order entered to seal the records of
the clerk of the circuit | ||||||
5 | court in connection with the proceedings of the trial
court | ||||||
6 | concerning that offense. However, the records of the arresting | ||||||
7 | authority
and the Department of State Police concerning the | ||||||
8 | offense shall not be
sealed. The court, upon good cause shown, | ||||||
9 | shall make the records of the clerk
of the circuit court in | ||||||
10 | connection with the proceedings of the trial court
concerning | ||||||
11 | the offense available for public inspection.
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12 | (c-6) If a conviction has been set aside on direct review | ||||||
13 | or on
collateral attack
and the court determines by clear and | ||||||
14 | convincing evidence that the defendant
was factually innocent | ||||||
15 | of
the charge, the court shall enter an expungement order as | ||||||
16 | provided in
subsection (b) of Section 5-5-4
of the Unified Code | ||||||
17 | of Corrections.
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18 | (d) Notice of the petition for subsections (a), (b), and | ||||||
19 | (c) shall be
served upon the State's Attorney or prosecutor | ||||||
20 | charged with the duty
of prosecuting the offense, the | ||||||
21 | Department of State Police, the arresting
agency and the chief | ||||||
22 | legal officer of the unit of local government
affecting the | ||||||
23 | arrest. Unless the State's Attorney or prosecutor, the
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24 | Department of State Police, the arresting agency or such chief | ||||||
25 | legal officer
objects to the petition within 30 days from the | ||||||
26 | date of the notice, the
court shall enter an order granting or |
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1 | denying the petition. The clerk
of the court shall promptly | ||||||
2 | mail a copy of the order to the person, the
arresting agency, | ||||||
3 | the prosecutor, the Department of State Police and such
other | ||||||
4 | criminal justice agencies as may be ordered by the judge.
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5 | (e) Nothing herein shall prevent the Department of State | ||||||
6 | Police from
maintaining all records of any person who is | ||||||
7 | admitted to probation upon
terms and conditions and who | ||||||
8 | fulfills those terms and conditions pursuant
to Section 10 of | ||||||
9 | the Cannabis Control Act, Section 410 of the Illinois
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10 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
11 | Control and Community Protection Act, Section 12-4.3 of the | ||||||
12 | Criminal Code
of 1961, Section 10-102 of the Illinois | ||||||
13 | Alcoholism and Other Drug
Dependency Act, Section 40-10 of the | ||||||
14 | Alcoholism and Other Drug Abuse and
Dependency Act, or Section | ||||||
15 | 10 of the Steroid Control Act.
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16 | (f) No court order issued under the expungement provisions | ||||||
17 | of this
Section shall become final for purposes of appeal until | ||||||
18 | 30 days after
notice is received by the Department. Any court | ||||||
19 | order contrary to the
provisions of this Section is void.
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20 | (g) Except as otherwise provided in subsection (c-5) of | ||||||
21 | this Section,
the court shall not order the sealing or | ||||||
22 | expungement of the arrest
records and records of the circuit | ||||||
23 | court clerk of any person granted
supervision for or convicted | ||||||
24 | of any sexual offense committed against a minor
under 18 years | ||||||
25 | of age. For the purposes of this Section, "sexual offense
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26 | committed against a minor" includes but is not limited to the |
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1 | offenses of
indecent solicitation of a child or criminal sexual | ||||||
2 | abuse when the victim of
such offense is under 18 years of age.
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3 | (h) (1) Applicability. Notwithstanding any other provision | ||||||
4 | of this Act to the contrary and cumulative with any rights to | ||||||
5 | expungement of criminal records, this subsection authorizes | ||||||
6 | the sealing of criminal records of adults and of minors | ||||||
7 | prosecuted as adults. | ||||||
8 | (2) Sealable offenses. The following offenses may be | ||||||
9 | sealed: | ||||||
10 | (A) All municipal ordinance violations and | ||||||
11 | misdemeanors, with the exception of the following: | ||||||
12 | (i) violations of Section 11-501 of the Illinois | ||||||
13 | Vehicle Code or a similar provision of a local | ||||||
14 | ordinance; | ||||||
15 | (ii) violations of Article 11 of the Criminal Code | ||||||
16 | of 1961 or a similar provision of a local ordinance, | ||||||
17 | except Section 11-14 of the Criminal Code of 1961 as | ||||||
18 | provided in clause B(i) of this subsection (h); | ||||||
19 | (iii) violations of Section 12-15, 12-30, or 26-5 | ||||||
20 | of the Criminal Code of 1961 or a similar provision of | ||||||
21 | a local ordinance; | ||||||
22 | (iv) violations that are a crime of violence as | ||||||
23 | defined in Section 2 of the Crime Victims Compensation | ||||||
24 | Act or a similar provision of a local ordinance; | ||||||
25 | (v) Class A misdemeanor violations of the Humane | ||||||
26 | Care for Animals Act; and |
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1 | (vi) any offense or attempted offense that would | ||||||
2 | subject a person to registration under the Sex Offender | ||||||
3 | Registration Act. | ||||||
4 | (B) Misdemeanor and Class 4 felony violations of: | ||||||
5 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
6 | (ii) Section 4 of the Cannabis Control Act; | ||||||
7 | (iii) Section 402 of the Illinois Controlled | ||||||
8 | Substances Act; and | ||||||
9 | (iv) Section 60 of the Methamphetamine Control and | ||||||
10 | Community Protection Act. | ||||||
11 | However, for purposes of this subsection (h), a | ||||||
12 | sentence of first offender probation under Section 10 of | ||||||
13 | the Cannabis Control Act, Section 410 of the Illinois | ||||||
14 | Controlled Substances Act, or Section 70 of the | ||||||
15 | Methamphetamine Control and Community Protection Act shall | ||||||
16 | be treated as a Class 4 felony conviction. | ||||||
17 | (3) Requirements for sealing. Records identified as | ||||||
18 | sealable under clause (h) (2) may be sealed when the individual | ||||||
19 | was: | ||||||
20 | (A) Acquitted of the offense or offenses or released | ||||||
21 | without being convicted. | ||||||
22 | (B) Convicted of the offense or offenses and the | ||||||
23 | conviction or convictions were reversed. | ||||||
24 | (C) Placed on misdemeanor supervision for an offense or | ||||||
25 | offenses; and | ||||||
26 | (i) at least 3 years have elapsed since the |
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1 | completion of the term of supervision, or terms of | ||||||
2 | supervision, if more than one term has been ordered; | ||||||
3 | and | ||||||
4 | (ii) the individual has not been convicted of a | ||||||
5 | felony or misdemeanor or placed on supervision for a | ||||||
6 | misdemeanor or felony during the period specified in | ||||||
7 | clause (i). | ||||||
8 | (D) Convicted of an offense or offenses; and | ||||||
9 | (i) at least 4 years have elapsed since the last | ||||||
10 | such conviction or term of any sentence, probation, | ||||||
11 | parole, or supervision, if any, whichever is last in | ||||||
12 | time; and | ||||||
13 | (ii) the individual has not been convicted of a | ||||||
14 | felony or misdemeanor or placed on supervision for a | ||||||
15 | misdemeanor or felony during the period specified in | ||||||
16 | clause (i). | ||||||
17 | (4) Requirements for sealing of records when more than one | ||||||
18 | charge and disposition have been filed. When multiple offenses | ||||||
19 | are petitioned to be sealed under this subsection (h), the | ||||||
20 | requirements of the relevant provisions of clauses (h)(3)(A) | ||||||
21 | through (D) each apply. In instances in which more than one | ||||||
22 | waiting period is applicable under clauses (h)(C)(i) and (ii) | ||||||
23 | and (h)(D)(i) and (ii), the longer applicable period applies, | ||||||
24 | and the requirements of clause (h) (3) shall be considered met | ||||||
25 | when the petition is filed after the passage of the longer | ||||||
26 | applicable waiting period. That period commences on the date of |
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1 | the completion of the last sentence or the end of supervision, | ||||||
2 | probation, or parole, whichever is last in time. | ||||||
3 | (5) Subsequent convictions. A person may not have | ||||||
4 | subsequent felony conviction records sealed as provided in this | ||||||
5 | subsection (h) if he or she is convicted of any felony offense | ||||||
6 | after the date of the sealing of prior felony records as | ||||||
7 | provided in this subsection (h). | ||||||
8 | (6) Notice of eligibility for sealing. Upon acquittal, | ||||||
9 | release without conviction, or being placed on supervision for | ||||||
10 | a sealable offense, or upon conviction of a sealable offense, | ||||||
11 | the person shall be informed by the court of the right to have | ||||||
12 | the records sealed and the procedures for the sealing of the | ||||||
13 | records. | ||||||
14 | (7) Procedure. Upon becoming eligible for the sealing of | ||||||
15 | records under this subsection (h), the person who seeks the | ||||||
16 | sealing of his or her records shall file a petition requesting | ||||||
17 | the sealing of records with the clerk of the court where the | ||||||
18 | charge or charges were brought. The records may be sealed by | ||||||
19 | the Chief Judge of the circuit wherein the charge was brought, | ||||||
20 | any judge of that circuit designated by the Chief Judge, or in | ||||||
21 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
22 | trial judge at the defendant's trial, if any. If charges were | ||||||
23 | brought in multiple jurisdictions, a petition must be filed in | ||||||
24 | each such jurisdiction. The petitioner shall pay the applicable | ||||||
25 | fee, if not waived. | ||||||
26 | (A) Contents of petition. The petition shall contain |
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1 | the petitioner's name, date of birth, current address, each | ||||||
2 | charge, each case number, the date of each charge, the | ||||||
3 | 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 address. | ||||||
7 | (B) 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 | (C) 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 | (D) Entry of order. Unless the State's Attorney or | ||||||
24 | prosecutor, the Department of State Police, the arresting | ||||||
25 | agency or such chief legal officer objects to sealing of | ||||||
26 | the records within 90 days of notice the court shall enter |
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1 | an order sealing the defendant's records. | ||||||
2 | (E) Hearing upon objection. If an objection is filed, | ||||||
3 | the court shall set a date for a hearing and notify the | ||||||
4 | petitioner and the parties on whom the petition had been | ||||||
5 | served, and shall hear evidence on whether the sealing of | ||||||
6 | the records should or should not be granted, and shall make | ||||||
7 | a determination on whether to issue an order to seal the | ||||||
8 | records based on the evidence presented at the hearing. | ||||||
9 | (F) Service of order. After entering the order to seal | ||||||
10 | records, the court must provide copies of the order to the | ||||||
11 | Department, in a form and manner prescribed by the | ||||||
12 | Department, to the petitioner, to the State's Attorney or | ||||||
13 | prosecutor charged with the duty of prosecuting the | ||||||
14 | offense, to the arresting agency, to the chief legal | ||||||
15 | officer of the unit of local government effecting the | ||||||
16 | arrest, and to such other criminal justice agencies as may | ||||||
17 | be ordered by the court. | ||||||
18 | (8) Fees. Notwithstanding any provision of the Clerk of the | ||||||
19 | Courts Act to the contrary, and subject to the approval of the | ||||||
20 | county board, the clerk may charge a fee equivalent to the cost | ||||||
21 | associated with the sealing of records by the clerk and the | ||||||
22 | Department of State Police. The clerk shall forward the | ||||||
23 | Department of State Police portion of the fee to the Department | ||||||
24 | and it shall be deposited into the State Police Services Fund. | ||||||
25 | (i) Subject to available funding, the Illinois Department | ||||||
26 | of Corrections shall conduct a study of the impact of sealing, |
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| |||||||
1 | especially on employment and recidivism rates, utilizing a | ||||||
2 | random sample of those who apply for the sealing of their | ||||||
3 | criminal records under Public Act 93-211, in accordance to | ||||||
4 | rules adopted by the Department. At the request of the Illinois | ||||||
5 | Department of Corrections, records of the Illinois Department | ||||||
6 | of Employment Security shall be utilized as appropriate to | ||||||
7 | assist in the study. The study shall not disclose any data in a | ||||||
8 | manner that would allow the identification of any particular | ||||||
9 | individual or employing unit. The study shall be made available | ||||||
10 | to the General Assembly no later than September 1, 2006.
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11 | (Source: P.A. 93-210, eff. 7-18-03; 93-211, eff. 1-1-04; | ||||||
12 | 93-1084, eff. 6-1-05; 94-556, eff. 9-11-05.)
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13 | (20 ILCS 2630/6 new) | ||||||
14 | Sec. 6. Expungement and sealing. | ||||||
15 | (a) General provisions. | ||||||
16 | (1) Definitions. In this Act, words and phrases have
| ||||||
17 | the meanings set forth in this Section, except when a
| ||||||
18 | particular context clearly requires a different meaning. | ||||||
19 | "Conviction" means a finding of guilt resulting in | ||||||
20 | the entry of a judgment of conviction. A sentence of | ||||||
21 | supervision successfully completed by the petitioner | ||||||
22 | is not a conviction. A sentence of qualified probation | ||||||
23 | successfully completed by the petitioner is not a | ||||||
24 | conviction. A sentence of supervision or a sentence of | ||||||
25 | qualified probation that is terminated |
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1 | unsatisfactorily is a conviction. | ||||||
2 | "Expunge" means to physically destroy the records | ||||||
3 | or return them to the petitioner and to obliterate the | ||||||
4 | petitioner's name from any official index or public | ||||||
5 | record, or both. | ||||||
6 | "Last sentence" means the sentence, including a | ||||||
7 | sentence of supervision or qualified probation, for a | ||||||
8 | municipal ordinance violation, misdemeanor (except | ||||||
9 | Class C misdemeanors as set forth in clause (a)(2)), or | ||||||
10 | felony that terminates last in time in any | ||||||
11 | jurisdiction, regardless of whether the petitioner has | ||||||
12 | included the municipal ordinance violation, | ||||||
13 | misdemeanor, or felony for which the sentence was | ||||||
14 | imposed in his or her petition or petitions. If | ||||||
15 | multiple sentences for municipal ordinance violations, | ||||||
16 | misdemeanors, or felonies terminate on the same day and | ||||||
17 | are last in time, they shall be collectively considered | ||||||
18 | the "last sentence" regardless of whether the | ||||||
19 | sentences were ordered to run concurrently. | ||||||
20 | "Petitioner" means an adult or a minor prosecuted | ||||||
21 | as an
adult. | ||||||
22 | "Qualified probation" means a sentence of | ||||||
23 | probation under Section 10 of the Cannabis Control Act, | ||||||
24 | Section 410 of the Illinois Controlled Substances Act, | ||||||
25 | Section 70 of the Methamphetamine Control and | ||||||
26 | Community Protection Act, Section 12-4.3(b)(1) and (2) |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 (as those provisions | ||||||
2 | existed before their deletion by Public Act 89-313), | ||||||
3 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
4 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
5 | and Other Drug Abuse and Dependency Act, or Section 10 | ||||||
6 | of the Steroid Control Act. For the purpose of this | ||||||
7 | Act, "successful completion" of a sentence of | ||||||
8 | qualified probation under Section 10-102 of the | ||||||
9 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
10 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
11 | and Dependency Act means that the probation was | ||||||
12 | terminated satisfactorily and the judgment of | ||||||
13 | conviction was vacated. | ||||||
14 | "Records" means all documentation in the | ||||||
15 | possession or control of the Department, the court, or | ||||||
16 | any agency regarding any report or arrest. Such | ||||||
17 | documentation includes but shall not be limited to | ||||||
18 | incident reports, police reports, fingerprints, | ||||||
19 | booking photos, names, addresses, the records of the | ||||||
20 | circuit clerk and official indexes. Such documentation | ||||||
21 | does not include orders of protection. | ||||||
22 | "Seal" means to physically and electronically | ||||||
23 | maintain the records, unless the records would | ||||||
24 | otherwise be destroyed due to age, but to make the | ||||||
25 | records unavailable without a court order, subject to | ||||||
26 | the exceptions in Sections 12 and 13 of this Act. The |
| |||||||
| |||||||
1 | petitioner's name shall also be obliterated from the | ||||||
2 | official index required to be kept by the circuit court | ||||||
3 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
4 | any index issued by the circuit court clerk before the | ||||||
5 | entry of the order to seal shall not be affected. | ||||||
6 | "Sexual offense committed against a minor" | ||||||
7 | includes but is
not limited to the offenses of indecent | ||||||
8 | solicitation of a child
or criminal sexual abuse when | ||||||
9 | the victim of such offense is
under 18 years of age. | ||||||
10 | "Terminate" as it relates to a sentence includes | ||||||
11 | either satisfactory or unsatisfactory termination of | ||||||
12 | the sentence, unless otherwise specified in this | ||||||
13 | Section. | ||||||
14 | (2) Effect of traffic offenses. For purposes of this | ||||||
15 | Section, sentences of supervision or convictions for petty | ||||||
16 | offenses, business offenses, or Class C misdemeanors under | ||||||
17 | the Illinois Vehicle Code shall not affect a petitioner's | ||||||
18 | eligibility to expunge or seal municipal ordinance, | ||||||
19 | misdemeanor or felony records. | ||||||
20 | (3) Exclusions. Except as otherwise provided in clause | ||||||
21 | (b)(5) and subsection (e) of this Section, the court shall | ||||||
22 | not order the sealing or expungement of the arrest records | ||||||
23 | and records of the
circuit court clerk of any person | ||||||
24 | granted supervision for
or convicted of: | ||||||
25 | (i) any sexual offense committed against a
minor; | ||||||
26 | or |
| |||||||
| |||||||
1 | (ii) Section 11-501 of the Illinois Vehicle Code. | ||||||
2 | (b) Expungement. | ||||||
3 | (1) A petitioner may petition the circuit court to | ||||||
4 | expunge the
records of his or her arrests when: | ||||||
5 | (A) he or she has never been convicted of any | ||||||
6 | municipal
ordinance violation, misdemeanor or felony, | ||||||
7 | except as
set forth in clause (a)(2); and | ||||||
8 | (B) each arrest sought to be expunged resulted in: | ||||||
9 | (i) acquittal, dismissal, or the petitioner's | ||||||
10 | release
without charging; or | ||||||
11 | (ii) a sentence of supervision and such | ||||||
12 | supervision was
successfully completed by the | ||||||
13 | petitioner; or | ||||||
14 | (iii) a sentence of qualified probation and | ||||||
15 | such
probation was successfully completed by the | ||||||
16 | petitioner. | ||||||
17 | (2) Time frame for filing a petition to expunge. | ||||||
18 | (A) When the arrest sought to be expunged resulted
| ||||||
19 | in an acquittal, dismissal, or the petitioner's | ||||||
20 | release without
charging, there is no waiting period to | ||||||
21 | petition for
the expungement of such records. | ||||||
22 | (B) When the arrest sought to be expunged resulted
| ||||||
23 | in a sentence of supervision, successfully completed | ||||||
24 | by
the petitioner, the following time frames will | ||||||
25 | apply: | ||||||
26 | (i) Those records that resulted in sentence of
|
| |||||||
| |||||||
1 | supervision under Section 3-707, 3-708, 3-710, | ||||||
2 | 5-401.3, or 11-503 of the Illinois Vehicle Code or | ||||||
3 | a similar provision of a local ordinance, or under | ||||||
4 | Section 12-3.2,12-15 or 16A-3 of the Criminal Code | ||||||
5 | of 1961, shall not be eligible for expungement | ||||||
6 | until 5 years have passed following the | ||||||
7 | satisfactory termination of the supervision. | ||||||
8 | (ii) Those records that resulted in a sentence
| ||||||
9 | of supervision for any other offense shall not be
| ||||||
10 | eligible for expungement until 2 years have passed
| ||||||
11 | following the satisfactory termination of the | ||||||
12 | supervision. | ||||||
13 | (C) When the arrest sought to be expunged resulted
| ||||||
14 | in a sentence of qualified probation, successfully | ||||||
15 | completed by the petitioner, such records shall not be | ||||||
16 | eligible
for expungement until 5 years have passed | ||||||
17 | following the satisfactory
termination of the | ||||||
18 | probation. | ||||||
19 | (3) Those records maintained by the Department for
| ||||||
20 | persons arrested prior to their 17th birthday shall be
| ||||||
21 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
22 | Act of 1987. | ||||||
23 | (4) Whenever a person has been convicted of a crime or
| ||||||
24 | of the violation of a municipal ordinance, in the name of a
| ||||||
25 | person whose identity he has stolen or otherwise come into
| ||||||
26 | possession of, the aggrieved person from whom the identity
|
| |||||||
| |||||||
1 | was stolen or otherwise obtained without authorization,
| ||||||
2 | upon learning of the person having been arrested using his
| ||||||
3 | identity, may, upon verified petition to the chief judge of
| ||||||
4 | the circuit wherein the arrest was made, have a court order
| ||||||
5 | entered nunc pro tunc by the chief judge to correct the
| ||||||
6 | arrest record, conviction record, if any, and all official
| ||||||
7 | records of the arresting authority, the Department, other
| ||||||
8 | criminal justice agencies, the prosecutor, and the trial
| ||||||
9 | court concerning such arrest, if any, by removing his name
| ||||||
10 | from all such records in connection with the arrest and
| ||||||
11 | conviction, if any, and by inserting in the records the
| ||||||
12 | name of the offender, if known or ascertainable, in lieu of
| ||||||
13 | the aggrieved's name. The records of the clerk of the
| ||||||
14 | circuit court clerk shall be sealed until further order of
| ||||||
15 | the court upon good cause shown and the name of the
| ||||||
16 | aggrieved person obliterated on the official index
| ||||||
17 | required to be kept by the circuit court clerk under
| ||||||
18 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
19 | not affect any index issued by the circuit court clerk
| ||||||
20 | before the entry of the order. Nothing in this Section
| ||||||
21 | shall limit the Department of State Police or other
| ||||||
22 | criminal justice agencies or prosecutors from listing
| ||||||
23 | under an offender's name the false names he or she has
| ||||||
24 | used. | ||||||
25 | (5) Whenever a person has been convicted of criminal
| ||||||
26 | sexual assault, aggravated criminal sexual assault,
|
| |||||||
| |||||||
1 | predatory criminal sexual assault of a child, criminal
| ||||||
2 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
3 | victim of that offense may request that the State's
| ||||||
4 | Attorney of the county in which the conviction occurred
| ||||||
5 | file a verified petition with the presiding trial judge at
| ||||||
6 | the petitioner's trial to have a court order entered to | ||||||
7 | seal
the records of the clerk of the circuit court in | ||||||
8 | connection
with the proceedings of the trial court | ||||||
9 | concerning that
offense. However, the records of the | ||||||
10 | arresting authority
and the Department of State Police | ||||||
11 | concerning the offense
shall not be sealed. The court, upon | ||||||
12 | good cause shown,
shall make the records of the clerk of | ||||||
13 | the circuit court in
connection with the proceedings of the | ||||||
14 | trial court
concerning the offense available for public | ||||||
15 | inspection. | ||||||
16 | (6) If a conviction has been set aside on direct review
| ||||||
17 | or on collateral attack and the court determines by clear
| ||||||
18 | and convincing evidence that the petitioner was factually
| ||||||
19 | innocent of the charge, the court shall enter an
| ||||||
20 | expungement order as provided in subsection (b) of Section
| ||||||
21 | 5-5-4 of the Unified Code of Corrections. | ||||||
22 | (7) Nothing herein shall prevent the Department of
| ||||||
23 | State Police from maintaining all records of any person who
| ||||||
24 | is admitted to probation upon terms and conditions and who
| ||||||
25 | fulfills those terms and conditions pursuant to Section 10
| ||||||
26 | of the Cannabis Control Act, Section 410 of the Illinois
|
| |||||||
| |||||||
1 | Controlled Substances Act, Section 70 of the
| ||||||
2 | Methamphetamine Control and Community Protection Act,
| ||||||
3 | Section 12-4.3 of the Criminal Code of 1961, Section 10-102
| ||||||
4 | of the Illinois Alcoholism and Other Drug Dependency Act,
| ||||||
5 | Section 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
6 | Dependency Act, or Section 10 of the Steroid Control Act. | ||||||
7 | (c) Sealing. | ||||||
8 | (1) Applicability. Notwithstanding any other provision | ||||||
9 | of this Act to the contrary, and cumulative with any rights | ||||||
10 | to expungement of criminal records, this subsection | ||||||
11 | authorizes the sealing of criminal records of adults and of | ||||||
12 | minors prosecuted as adults. | ||||||
13 | (2) Eligible records. The following records may be | ||||||
14 | sealed: | ||||||
15 | (A) All arrests resulting in acquittal, dismissal, | ||||||
16 | the petitioner's release without charging, or | ||||||
17 | conviction when the conviction was reversed. | ||||||
18 | (B) Municipal ordinance violations, misdemeanors | ||||||
19 | or felonies resulting in sentences of supervision | ||||||
20 | successfully completed by the petitioner, with the | ||||||
21 | exception of the following: | ||||||
22 | (i) Section 11-501 of the Illinois Vehicle | ||||||
23 | Code or a similar provision of a local ordinance; | ||||||
24 | (ii) Article 11 of the Criminal Code of 1961 or | ||||||
25 | a similar provision of a local ordinance, except | ||||||
26 | Section 11-14 of the Criminal Code of 1961 or a |
| |||||||
| |||||||
1 | similar provision of a local ordinance; | ||||||
2 | (iii) 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 | (iv) "Crimes of violence" as defined in | ||||||
6 | Section 2 of the Crime Victims Compensation Act or | ||||||
7 | a similar provision of a local ordinance; | ||||||
8 | (v) Class A misdemeanors under the Humane Care | ||||||
9 | for Animals Act; or | ||||||
10 | (vi) any offense or attempted offense that | ||||||
11 | would subject a person to registration under the | ||||||
12 | Sex Offender Registration Act. | ||||||
13 | (C) Municipal ordinance convictions, misdemeanor | ||||||
14 | convictions, and misdemeanors or felonies of any class | ||||||
15 | resulting in a sentence of qualified probation | ||||||
16 | successfully completed by the petitioner, with the | ||||||
17 | exception of the following: | ||||||
18 | (i) Section 11-501 of the Illinois Vehicle | ||||||
19 | Code or a similar provision of a local ordinance; | ||||||
20 | (ii) Article 11 of the Criminal Code of 1961 or | ||||||
21 | a similar provision of a local ordinance, except | ||||||
22 | Section 11-14 of the Criminal Code of 1961 or a | ||||||
23 | similar provision of a local ordinance; | ||||||
24 | (iii) Section 12-15, 12-30, or 26-5 of the | ||||||
25 | Criminal Code of 1961 or a similar provision of a | ||||||
26 | local ordinance; |
| |||||||
| |||||||
1 | (iv) "Crimes of violence" as defined in | ||||||
2 | Section 2 of
the Crime Victims Compensation Act; | ||||||
3 | (v) Class A misdemeanors under the Humane Care | ||||||
4 | for Animals Act; or | ||||||
5 | (vi) any offense or attempted offense that | ||||||
6 | would subject a person to registration under the | ||||||
7 | Sex Offender Registration Act. | ||||||
8 | (D) Class 4 felony convictions under Section 11-14 | ||||||
9 | of the Criminal Code of 1961, Section 4 of the Cannabis | ||||||
10 | Control Act, Section 402 of the Illinois Controlled | ||||||
11 | Substances Act, Section 60 of the Methamphetamine | ||||||
12 | Control and Community Protection Act, the | ||||||
13 | Methamphetamine Precursor Control Act, and the Steroid | ||||||
14 | Control Act, regardless of the sentence imposed. | ||||||
15 | (3) When records are eligible to be sealed. Records | ||||||
16 | identified as eligible under clause (c)(2) may be sealed as | ||||||
17 | follows: | ||||||
18 | (A) Records identified as eligible under clause | ||||||
19 | (c)(2)(A) may be sealed at any time, regardless of | ||||||
20 | whether the petitioner has criminal records in any | ||||||
21 | jurisdiction that are eligible for sealing under this | ||||||
22 | subsection (c) but which have not been sealed, or | ||||||
23 | criminal records in any jurisdiction that are subject | ||||||
24 | to a waiting period as set forth in clauses (c)(3)(B) | ||||||
25 | and (c)(3)(C), or criminal records in any jurisdiction | ||||||
26 | that are ineligible for sealing. |
| |||||||
| |||||||
1 | (B) Records identified as eligible under clause | ||||||
2 | (c)(2)(B)
may be sealed 3 years after the termination | ||||||
3 | of petitioner's last sentence, as defined in | ||||||
4 | subsection (a), regardless of whether the petitioner | ||||||
5 | has criminal records in any jurisdiction that are | ||||||
6 | eligible for sealing under this subsection (c) but | ||||||
7 | which have not been sealed, or criminal records in any | ||||||
8 | jurisdiction that are subject to the waiting period as | ||||||
9 | set forth in clause (c)(3)(C), or criminal records in | ||||||
10 | any jurisdiction that are ineligible for sealing. | ||||||
11 | (C) Records identified as eligible under clauses | ||||||
12 | (c)(2)(C) and (c)(2)(D) may be sealed 4 years after the | ||||||
13 | termination of the petitioner's last sentence, as | ||||||
14 | defined in subsection (a), regardless of whether the | ||||||
15 | petitioner has criminal records in any jurisdiction | ||||||
16 | that are eligible for sealing under this subsection (c) | ||||||
17 | but which have not been sealed, or criminal records in | ||||||
18 | any jurisdiction that are ineligible for sealing. | ||||||
19 | (4) Subsequent felony convictions. A person may not | ||||||
20 | have
subsequent felony conviction records sealed as
| ||||||
21 | provided in this subsection (c) if he or she is
convicted | ||||||
22 | of any felony offense after the date of the
sealing of | ||||||
23 | prior felony convictions as provided in this subsection | ||||||
24 | (c). | ||||||
25 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
26 | disposition for an eligible record under this subsection |
| |||||||
| |||||||
1 | (c), the petitioner shall be informed by the court of the | ||||||
2 | right to have the records sealed and the procedures for the | ||||||
3 | sealing of the records. | ||||||
4 | (d) Procedure. The following procedures apply to | ||||||
5 | expungement under subsection (b) and sealing under subsection | ||||||
6 | (c). | ||||||
7 | (1) Filing the petition. Upon becoming eligible to | ||||||
8 | petition for
the expungement or sealing of records under | ||||||
9 | this Section, petitioner shall file a petition requesting | ||||||
10 | the expungement
or sealing of records with the clerk of the | ||||||
11 | court where the
charge or charges were brought. If charges | ||||||
12 | were brought in multiple jurisdictions, a petition must be | ||||||
13 | filed in each such
jurisdiction. The petitioner shall pay | ||||||
14 | the applicable fee, if
not waived. | ||||||
15 | (2) Contents of petition. The petition shall be
| ||||||
16 | verified and shall contain the petitioner's name, date of
| ||||||
17 | birth, current address and, for each arrest sought to be
| ||||||
18 | sealed or expunged, the case number, the date of arrest,
| ||||||
19 | the identity of the arresting authority, and such other
| ||||||
20 | information as the court may require. During the pendency
| ||||||
21 | of the proceeding, the petitioner shall promptly notify the
| ||||||
22 | clerk of the court of any change of his or her address. | ||||||
23 | (3) Drug test. A person filing a petition to have his
| ||||||
24 | or her records sealed for Class 4 felony violations of | ||||||
25 | Section 10 of the Cannabis Control Act, the Section 402 of | ||||||
26 | the Illinois Controlled Substances Act, Section 60 of the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act, the | ||||||
2 | Methamphetamine Precursor Control Act, or the Steroid | ||||||
3 | Control Act must attach to the petition proof that the | ||||||
4 | petitioner has passed a test taken within the previous 30 | ||||||
5 | days before the filing of the petition showing the absence | ||||||
6 | within his or her body of all illegal substances as defined | ||||||
7 | by the Illinois Controlled Substances Act and the Cannabis | ||||||
8 | Control Act. | ||||||
9 | (4) Service of petition. The clerk of the court shall | ||||||
10 | promptly
serve a copy of the petition on the State's | ||||||
11 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
12 | the
offense, the Department of State Police, the arresting
| ||||||
13 | agency and the chief legal officer of the unit of local
| ||||||
14 | government effecting the arrest. | ||||||
15 | (5) Objections. | ||||||
16 | (A) Any party entitled to notice of the petition | ||||||
17 | may file an objection to the petition. All objections | ||||||
18 | shall be in writing and shall state with specificity | ||||||
19 | the basis of the objection. | ||||||
20 | (B) The party objecting shall serve a copy of the | ||||||
21 | objection on the petitioner, or when the petitioner is | ||||||
22 | represented, the petitioner's attorney, and all | ||||||
23 | parties entitled to notice of the petition by first | ||||||
24 | class mail or hand delivery within 4 days of filing the | ||||||
25 | objection. | ||||||
26 | (C) Objections to petitions to expunge must be |
| |||||||
| |||||||
1 | filed within 30 days of the date of service of the | ||||||
2 | petition. Objections to petitions to seal must be filed | ||||||
3 | within 90 days of the date of service of the petition. | ||||||
4 | Any objection not filed within the time allowed shall | ||||||
5 | be waived. | ||||||
6 | (6) Entry of order. | ||||||
7 | (A) The Chief Judge of the circuit wherein the | ||||||
8 | charge was brought, any judge of that circuit | ||||||
9 | designated by the Chief Judge, or in counties of less | ||||||
10 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
11 | at the petitioner's trial, if any, shall rule on the | ||||||
12 | petition or petitions to expunge or seal as set forth | ||||||
13 | in this clause (d)(6). | ||||||
14 | (B) Unless the State's Attorney or prosecutor, the
| ||||||
15 | Department of State Police, the arresting agency, or | ||||||
16 | the
chief legal officer files an objection to the | ||||||
17 | petition to expunge within 30 days from the date of | ||||||
18 | service of the petition, the court shall enter an order | ||||||
19 | granting or denying the petition. | ||||||
20 | (C) Unless the State's Attorney or prosecutor, the
| ||||||
21 | Department of State Police, the arresting agency, or | ||||||
22 | the
chief legal officer objects to a petition to seal | ||||||
23 | within 90
days from the date of service of the | ||||||
24 | petition, the court shall enter an order sealing the | ||||||
25 | petitioner's records. | ||||||
26 | (7) Hearings. If an objection is filed, the court shall |
| |||||||
| |||||||
1 | set a date for a hearing and notify the petitioner and all | ||||||
2 | parties entitled to notice of the petition, and shall hear | ||||||
3 | evidence on whether the petition or petitions should or | ||||||
4 | should not be granted, and shall make a determination on | ||||||
5 | whether to expunge or seal the records based on the | ||||||
6 | evidence presented at the hearing. | ||||||
7 | (8) Service of order. After entering an order to | ||||||
8 | expunge or
seal records, the court must provide copies of | ||||||
9 | the order to the
Department, in a form and manner | ||||||
10 | prescribed by the Department,
to the petitioner, to the | ||||||
11 | State's Attorney or prosecutor
charged with the duty of | ||||||
12 | prosecuting the offense, to the
arresting agency, to the | ||||||
13 | chief legal officer of the unit of
local government | ||||||
14 | effecting the arrest, and to such other
criminal justice | ||||||
15 | agencies as may be ordered by the court. | ||||||
16 | (9) Effect of order. | ||||||
17 | (A) Upon entry of an order to expunge records | ||||||
18 | pursuant to clause (b)(2)(A) or (b)(2)(B)(ii), or | ||||||
19 | both: | ||||||
20 | (i) the records shall be expunged by the | ||||||
21 | arresting agency, the Department, and any other | ||||||
22 | agency as ordered by the court; and | ||||||
23 | (ii) the records of the clerk of the circuit | ||||||
24 | court shall be impounded until further order of the | ||||||
25 | court upon good cause shown and the name of the | ||||||
26 | petitioner obliterated on the official index |
| |||||||
| |||||||
1 | required to be kept by the circuit court clerk | ||||||
2 | under Section 16 of the Clerks of Courts Act, but | ||||||
3 | the order shall not affect any index issued by the | ||||||
4 | circuit court clerk before the entry of the order. | ||||||
5 | In response to an inquiry for expunged records, the | ||||||
6 | court, the Department, or the agency receiving such | ||||||
7 | inquiry shall reply "No records found". | ||||||
8 | (B) Upon entry of an order to expunge records | ||||||
9 | pursuant to clause (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
10 | (i) the records shall be expunged by the | ||||||
11 | arresting agency and any other agency as ordered by | ||||||
12 | the court; and | ||||||
13 | (ii) the records of the clerk of the circuit | ||||||
14 | court shall be impounded until further order of the | ||||||
15 | court upon good cause shown and the name of the | ||||||
16 | petitioner obliterated on the official index | ||||||
17 | required to be kept by the circuit court clerk | ||||||
18 | under Section 16 of the Clerks of Courts Act, but | ||||||
19 | the order shall not affect any index issued by the | ||||||
20 | circuit court clerk before the entry of the order; | ||||||
21 | and | ||||||
22 | (iii) the records shall be impounded by the
| ||||||
23 | Department. | ||||||
24 | Records impounded by the Department may be | ||||||
25 | disseminated by the Department only to the arresting | ||||||
26 | authority, the State's Attorney, and the court upon a |
| |||||||
| |||||||
1 | later arrest for the same or a similar offense or for | ||||||
2 | the purpose of sentencing for any subsequent felony, | ||||||
3 | and to the Department of Corrections upon conviction | ||||||
4 | for any offense. | ||||||
5 | In response to an inquiry for such records from | ||||||
6 | anyone not authorized by law to access such records the | ||||||
7 | court, the Department, or the agency receiving such | ||||||
8 | inquiry shall reply "No records found". | ||||||
9 | (C) Upon entry of an order to seal records under | ||||||
10 | subsection
(c), the arresting agency, any other agency | ||||||
11 | as ordered by the court, the Department, and the court | ||||||
12 | shall seal the records, as defined in subsection (a). | ||||||
13 | In response to an inquiry for such records from anyone | ||||||
14 | not authorized by law to access such records the court, | ||||||
15 | the Department, or the agency receiving such inquiry | ||||||
16 | shall reply "No records found". | ||||||
17 | (10) Fees. Notwithstanding any provision of the Clerks | ||||||
18 | of Courts Act to the contrary, and subject to the approval
| ||||||
19 | of the county board, the clerk may charge a fee equivalent
| ||||||
20 | to the cost associated with the sealing of records by the
| ||||||
21 | clerk and the Department of State Police. The clerk shall
| ||||||
22 | forward the Department of State Police portion of the fee
| ||||||
23 | to the Department and it shall be deposited into the State
| ||||||
24 | Police Services Fund. | ||||||
25 | (11) Appeal. No court order issued under the | ||||||
26 | expungement
or sealing provisions of this Section shall |
| |||||||
| |||||||
1 | become final
for purposes of appeal until 30 days after | ||||||
2 | service of the order on the
petitioner and all parties | ||||||
3 | entitled to notice of the petition. | ||||||
4 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
5 | petitioner or any party entitled to notice may file a | ||||||
6 | motion to vacate, modify, or reconsider the order granting | ||||||
7 | or denying the petition or petitions to expunge or seal | ||||||
8 | within 30 days of service of the order. | ||||||
9 | (e) Expungement after pardon. Whenever a person who has | ||||||
10 | been convicted of an offense is granted a pardon by the | ||||||
11 | Governor which
specifically authorizes expungement, he or she | ||||||
12 | may, upon verified
petition to the chief judge of the circuit | ||||||
13 | where the he or she
had been convicted, any judge of the | ||||||
14 | circuit designated by
the Chief Judge, or in counties of less | ||||||
15 | than 3,000,000
inhabitants, the presiding trial judge at his or | ||||||
16 | her
trial, have an order entered expunging the record
of the | ||||||
17 | arrest or arrests from the official records of the arresting
| ||||||
18 | authority and ordering that the records of the clerk of the
| ||||||
19 | circuit court and the Department be impounded until further
| ||||||
20 | order of the court upon good cause shown or as otherwise
| ||||||
21 | provided in this subsection (e), and the name of the petitioner | ||||||
22 | obliterated from the official index requested to be kept by the | ||||||
23 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
24 | Act in
connection with the arrest and sentence for the offense | ||||||
25 | or offenses
for which he or she had been pardoned but the order | ||||||
26 | shall not affect
any index issued by the circuit court clerk |
| |||||||
| |||||||
1 | before the entry of the
order. All records impounded by the | ||||||
2 | Department pursuant to this
subsection (e) may be disseminated | ||||||
3 | by the Department only to the
arresting authority, the State's | ||||||
4 | Attorney, and the court upon a later
arrest for the same or | ||||||
5 | similar offense or for the purpose of
sentencing for any | ||||||
6 | subsequent felony. Upon conviction for any
subsequent offense, | ||||||
7 | the Department of Corrections shall have access
to all | ||||||
8 | impounded records of the Department pertaining to that
| ||||||
9 | individual. Upon entry of the order of expungement, the clerk | ||||||
10 | of the
circuit court shall promptly mail a copy of the order to | ||||||
11 | the person
who was pardoned. | ||||||
12 | (f) Subject to available funding, the Illinois Department
| ||||||
13 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
14 | especially on employment and recidivism rates, utilizing a
| ||||||
15 | random sample of those who apply for the sealing of their
| ||||||
16 | criminal records under Public Act 93-211, in accordance to
| ||||||
17 | rules adopted by the Department. At the request of the Illinois
| ||||||
18 | Department of Corrections, records of the Illinois Department
| ||||||
19 | of Employment Security shall be utilized as appropriate to
| ||||||
20 | assist in the study. The study shall not disclose any data in a
| ||||||
21 | manner that would allow the identification of any particular
| ||||||
22 | individual or employing unit. The study shall be made available
| ||||||
23 | to the General Assembly no later than September 1, 2008. ".
|