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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Identification Act is amended by | |||||||||||||||||||
5 | changing Section 5 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 shall furnish | |||||||||||||||||||
9 | to the 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.
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
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
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
1 | Substances Act; and | ||||||
2 | (iv) Section 60 of the Methamphetamine Control and | ||||||
3 | Community Protection Act.
| ||||||
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 |
| |||||||
| |||||||
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.)
|