Sen. Robert Peters

Filed: 4/5/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2626

2    AMENDMENT NO. ______. Amend Senate Bill 2626, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6changing Section 5.2 as follows:
 
7    (20 ILCS 2630/5.2)
8    Sec. 5.2. Expungement, sealing, and immediate sealing.
9    (a) General Provisions.
10        (1) Definitions. In this Act, words and phrases have
11    the meanings set forth in this subsection, except when a
12    particular context clearly requires a different meaning.
13            (A) The following terms shall have the meanings
14        ascribed to them in the following Sections of the
15        Unified Code of Corrections:
16                Business Offense, Section 5-1-2.

 

 

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1                Charge, Section 5-1-3.
2                Court, Section 5-1-6.
3                Defendant, Section 5-1-7.
4                Felony, Section 5-1-9.
5                Imprisonment, Section 5-1-10.
6                Judgment, Section 5-1-12.
7                Misdemeanor, Section 5-1-14.
8                Offense, Section 5-1-15.
9                Parole, Section 5-1-16.
10                Petty Offense, Section 5-1-17.
11                Probation, Section 5-1-18.
12                Sentence, Section 5-1-19.
13                Supervision, Section 5-1-21.
14                Victim, Section 5-1-22.
15            (B) As used in this Section, "charge not initiated
16        by arrest" means a charge (as defined by Section 5-1-3
17        of the Unified Code of Corrections) brought against a
18        defendant where the defendant is not arrested prior to
19        or as a direct result of the charge.
20            (C) "Conviction" means a judgment of conviction or
21        sentence entered upon a plea of guilty or upon a
22        verdict or finding of guilty of an offense, rendered
23        by a legally constituted jury or by a court of
24        competent jurisdiction authorized to try the case
25        without a jury. An order of supervision successfully
26        completed by the petitioner is not a conviction. An

 

 

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1        order of qualified probation (as defined in subsection
2        (a)(1)(J)) successfully completed by the petitioner is
3        not a conviction. An order of supervision or an order
4        of qualified probation that is terminated
5        unsatisfactorily is a conviction, unless the
6        unsatisfactory termination is reversed, vacated, or
7        modified and the judgment of conviction, if any, is
8        reversed or vacated.
9            (D) "Criminal offense" means a petty offense,
10        business offense, misdemeanor, felony, or municipal
11        ordinance violation (as defined in subsection
12        (a)(1)(H)). As used in this Section, a minor traffic
13        offense (as defined in subsection (a)(1)(G)) shall not
14        be considered a criminal offense.
15            (E) "Expunge" means to physically destroy the
16        records or return them to the petitioner and to
17        obliterate the petitioner's name from any official
18        index or public record, or both. Nothing in this Act
19        shall require the physical destruction of the circuit
20        court file, but such records relating to arrests or
21        charges, or both, ordered expunged shall be impounded
22        as required by subsections (d)(9)(A)(ii) and
23        (d)(9)(B)(ii).
24            (F) As used in this Section, "last sentence" means
25        the sentence, order of supervision, or order of
26        qualified probation (as defined by subsection

 

 

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1        (a)(1)(J)), for a criminal offense (as defined by
2        subsection (a)(1)(D)) that terminates last in time in
3        any jurisdiction, regardless of whether the petitioner
4        has included the criminal offense for which the
5        sentence or order of supervision or qualified
6        probation was imposed in his or her petition. If
7        multiple sentences, orders of supervision, or orders
8        of qualified probation terminate on the same day and
9        are last in time, they shall be collectively
10        considered the "last sentence" regardless of whether
11        they were ordered to run concurrently.
12            (G) "Minor traffic offense" means a petty offense,
13        business offense, or Class C misdemeanor under the
14        Illinois Vehicle Code or a similar provision of a
15        municipal or local ordinance.
16            (G-5) "Minor Cannabis Offense" means a violation
17        of Section 4 or 5 of the Cannabis Control Act
18        concerning not more than 30 grams of any substance
19        containing cannabis, provided the violation did not
20        include a penalty enhancement under Section 7 of the
21        Cannabis Control Act and is not associated with an
22        arrest, conviction or other disposition for a violent
23        crime as defined in subsection (c) of Section 3 of the
24        Rights of Crime Victims and Witnesses Act.
25            (H) "Municipal ordinance violation" means an
26        offense defined by a municipal or local ordinance that

 

 

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1        is criminal in nature and with which the petitioner
2        was charged or for which the petitioner was arrested
3        and released without charging.
4            (I) "Petitioner" means an adult or a minor
5        prosecuted as an adult who has applied for relief
6        under this Section.
7            (J) "Qualified probation" means an order of
8        probation under Section 10 of the Cannabis Control
9        Act, Section 410 of the Illinois Controlled Substances
10        Act, Section 70 of the Methamphetamine Control and
11        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
12        of the Unified Code of Corrections, Section
13        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
14        those provisions existed before their deletion by
15        Public Act 89-313), Section 10-102 of the Illinois
16        Alcoholism and Other Drug Dependency Act, Section
17        40-10 of the Substance Use Disorder Act, or Section 10
18        of the Steroid Control Act. For the purpose of this
19        Section, "successful completion" of an order of
20        qualified probation under Section 10-102 of the
21        Illinois Alcoholism and Other Drug Dependency Act and
22        Section 40-10 of the Substance Use Disorder Act means
23        that the probation was terminated satisfactorily and
24        the judgment of conviction was vacated.
25            (K) "Seal" means to physically and electronically
26        maintain the records, unless the records would

 

 

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1        otherwise be destroyed due to age, but to make the
2        records unavailable without a court order, subject to
3        the exceptions in Sections 12 and 13 of this Act. The
4        petitioner's name shall also be obliterated from the
5        official index required to be kept by the circuit
6        court clerk under Section 16 of the Clerks of Courts
7        Act, but any index issued by the circuit court clerk
8        before the entry of the order to seal shall not be
9        affected.
10            (L) "Sexual offense committed against a minor"
11        includes, but is not limited to, the offenses of
12        indecent solicitation of a child or criminal sexual
13        abuse when the victim of such offense is under 18 years
14        of age.
15            (M) "Terminate" as it relates to a sentence or
16        order of supervision or qualified probation includes
17        either satisfactory or unsatisfactory termination of
18        the sentence, unless otherwise specified in this
19        Section. A sentence is terminated notwithstanding any
20        outstanding financial legal obligation.
21        (2) Minor Traffic Offenses. Orders of supervision or
22    convictions for minor traffic offenses shall not affect a
23    petitioner's eligibility to expunge or seal records
24    pursuant to this Section.
25        (2.5) Commencing 180 days after July 29, 2016 (the
26    effective date of Public Act 99-697), the law enforcement

 

 

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1    agency issuing the citation shall automatically expunge,
2    on or before January 1 and July 1 of each year, the law
3    enforcement records of a person found to have committed a
4    civil law violation of subsection (a) of Section 4 of the
5    Cannabis Control Act or subsection (c) of Section 3.5 of
6    the Drug Paraphernalia Control Act in the law enforcement
7    agency's possession or control and which contains the
8    final satisfactory disposition which pertain to the person
9    issued a citation for that offense. The law enforcement
10    agency shall provide by rule the process for access,
11    review, and to confirm the automatic expungement by the
12    law enforcement agency issuing the citation. Commencing
13    180 days after July 29, 2016 (the effective date of Public
14    Act 99-697), the clerk of the circuit court shall expunge,
15    upon order of the court, or in the absence of a court order
16    on or before January 1 and July 1 of each year, the court
17    records of a person found in the circuit court to have
18    committed a civil law violation of subsection (a) of
19    Section 4 of the Cannabis Control Act or subsection (c) of
20    Section 3.5 of the Drug Paraphernalia Control Act in the
21    clerk's possession or control and which contains the final
22    satisfactory disposition which pertain to the person
23    issued a citation for any of those offenses.
24        (3) Exclusions. Except as otherwise provided in
25    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
26    of this Section, the court shall not order:

 

 

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1            (A) the sealing or expungement of the records of
2        arrests or charges not initiated by arrest that result
3        in an order of supervision for or conviction of: (i)
4        any sexual offense committed against a minor; (ii)
5        Section 11-501 of the Illinois Vehicle Code or a
6        similar provision of a local ordinance; or (iii)
7        Section 11-503 of the Illinois Vehicle Code or a
8        similar provision of a local ordinance, unless the
9        arrest or charge is for a misdemeanor violation of
10        subsection (a) of Section 11-503 or a similar
11        provision of a local ordinance, that occurred prior to
12        the offender reaching the age of 25 years and the
13        offender has no other conviction for violating Section
14        11-501 or 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance.
16            (B) the sealing or expungement of records of minor
17        traffic offenses (as defined in subsection (a)(1)(G)),
18        unless the petitioner was arrested and released
19        without charging.
20            (C) the sealing of the records of arrests or
21        charges not initiated by arrest which result in an
22        order of supervision or a conviction for the following
23        offenses:
24                (i) offenses included in Article 11 of the
25            Criminal Code of 1961 or the Criminal Code of 2012
26            or a similar provision of a local ordinance,

 

 

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1            except Section 11-14 and a misdemeanor violation
2            of Section 11-30 of the Criminal Code of 1961 or
3            the Criminal Code of 2012, or a similar provision
4            of a local ordinance;
5                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
6            26-5, or 48-1 of the Criminal Code of 1961 or the
7            Criminal Code of 2012, or a similar provision of a
8            local ordinance;
9                (iii) Section 12-3.1 or 12-3.2 of the Criminal
10            Code of 1961 or the Criminal Code of 2012, or
11            Section 125 of the Stalking No Contact Order Act,
12            or Section 219 of the Civil No Contact Order Act,
13            or a similar provision of a local ordinance;
14                (iv) Class A misdemeanors or felony offenses
15            under the Humane Care for Animals Act; or
16                (v) any offense or attempted offense that
17            would subject a person to registration under the
18            Sex Offender Registration Act.
19            (D) (blank).
20    (b) Expungement.
21        (1) A petitioner may petition the circuit court to
22    expunge the records of his or her arrests and charges not
23    initiated by arrest when each arrest or charge not
24    initiated by arrest sought to be expunged resulted in: (i)
25    acquittal, dismissal, or the petitioner's release without
26    charging, unless excluded by subsection (a)(3)(B); (ii) a

 

 

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1    conviction which was vacated or reversed, unless excluded
2    by subsection (a)(3)(B); (iii) an order of supervision and
3    such supervision was successfully completed by the
4    petitioner, unless excluded by subsection (a)(3)(A) or
5    (a)(3)(B); or (iv) an order of qualified probation (as
6    defined in subsection (a)(1)(J)) and such probation was
7    successfully completed by the petitioner.
8        (1.5) When a petitioner seeks to have a record of
9    arrest expunged under this Section, and the offender has
10    been convicted of a criminal offense, the State's Attorney
11    may object to the expungement on the grounds that the
12    records contain specific relevant information aside from
13    the mere fact of the arrest.
14        (2) Time frame for filing a petition to expunge.
15            (A) When the arrest or charge not initiated by
16        arrest sought to be expunged resulted in an acquittal,
17        dismissal, the petitioner's release without charging,
18        or the reversal or vacation of a conviction, there is
19        no waiting period to petition for the expungement of
20        such records.
21            (A-5) In anticipation of the successful completion
22        of a problem-solving court, pre-plea diversion, or
23        post-plea diversion program, a petition for
24        expungement may be filed 61 days before the
25        anticipated dismissal of the case or any time
26        thereafter. Upon successful completion of the program

 

 

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1        and dismissal of the case, the court shall review the
2        petition of the person graduating from the program and
3        shall grant expungement if the petitioner meets all
4        requirements as specified in any applicable statute.
5            (B) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an order of
7        supervision, successfully completed by the petitioner,
8        the following time frames will apply:
9                (i) Those arrests or charges that resulted in
10            orders of supervision under Section 3-707, 3-708,
11            3-710, or 5-401.3 of the Illinois Vehicle Code or
12            a similar provision of a local ordinance, or under
13            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
14            Code of 1961 or the Criminal Code of 2012, or a
15            similar provision of a local ordinance, shall not
16            be eligible for expungement until 5 years have
17            passed following the satisfactory termination of
18            the supervision.
19                (i-5) Those arrests or charges that resulted
20            in orders of supervision for a misdemeanor
21            violation of subsection (a) of Section 11-503 of
22            the Illinois Vehicle Code or a similar provision
23            of a local ordinance, that occurred prior to the
24            offender reaching the age of 25 years and the
25            offender has no other conviction for violating
26            Section 11-501 or 11-503 of the Illinois Vehicle

 

 

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1            Code or a similar provision of a local ordinance
2            shall not be eligible for expungement until the
3            petitioner has reached the age of 25 years.
4                (ii) Those arrests or charges that resulted in
5            orders of supervision for any other offenses shall
6            not be eligible for expungement until 2 years have
7            passed following the satisfactory termination of
8            the supervision.
9            (C) When the arrest or charge not initiated by
10        arrest sought to be expunged resulted in an order of
11        qualified probation, successfully completed by the
12        petitioner, such records shall not be eligible for
13        expungement until 5 years have passed following the
14        satisfactory termination of the probation.
15        (3) Those records maintained by the Illinois State
16    Police for persons arrested prior to their 17th birthday
17    shall be expunged as provided in Section 5-915 of the
18    Juvenile Court Act of 1987.
19        (4) Whenever a person has been arrested for or
20    convicted of any offense, in the name of a person whose
21    identity he or she has stolen or otherwise come into
22    possession of, the aggrieved person from whom the identity
23    was stolen or otherwise obtained without authorization,
24    upon learning of the person having been arrested using his
25    or her identity, may, upon verified petition to the chief
26    judge of the circuit wherein the arrest was made, have a

 

 

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1    court order entered nunc pro tunc by the Chief Judge to
2    correct the arrest record, conviction record, if any, and
3    all official records of the arresting authority, the
4    Illinois State Police, other criminal justice agencies,
5    the prosecutor, and the trial court concerning such
6    arrest, if any, by removing his or her name from all such
7    records in connection with the arrest and conviction, if
8    any, and by inserting in the records the name of the
9    offender, if known or ascertainable, in lieu of the
10    aggrieved's name. The records of the circuit court clerk
11    shall be sealed until further order of the court upon good
12    cause shown and the name of the aggrieved person
13    obliterated on the official index required to be kept by
14    the circuit court clerk under Section 16 of the Clerks of
15    Courts Act, but the order shall not affect any index
16    issued by the circuit court clerk before the entry of the
17    order. Nothing in this Section shall limit the Illinois
18    State Police or other criminal justice agencies or
19    prosecutors from listing under an offender's name the
20    false names he or she has used.
21        (5) Whenever a person has been convicted of criminal
22    sexual assault, aggravated criminal sexual assault,
23    predatory criminal sexual assault of a child, criminal
24    sexual abuse, or aggravated criminal sexual abuse, the
25    victim of that offense may request that the State's
26    Attorney of the county in which the conviction occurred

 

 

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1    file a verified petition with the presiding trial judge at
2    the petitioner's trial to have a court order entered to
3    seal the records of the circuit court clerk in connection
4    with the proceedings of the trial court concerning that
5    offense. However, the records of the arresting authority
6    and the Illinois State Police concerning the offense shall
7    not be sealed. The court, upon good cause shown, shall
8    make the records of the circuit court clerk in connection
9    with the proceedings of the trial court concerning the
10    offense available for public inspection.
11        (6) If a conviction has been set aside on direct
12    review or on collateral attack and the court determines by
13    clear and convincing evidence that the petitioner was
14    factually innocent of the charge, the court that finds the
15    petitioner factually innocent of the charge shall enter an
16    expungement order for the conviction for which the
17    petitioner has been determined to be innocent as provided
18    in subsection (b) of Section 5-5-4 of the Unified Code of
19    Corrections.
20        (7) Nothing in this Section shall prevent the Illinois
21    State Police from maintaining all records of any person
22    who is admitted to probation upon terms and conditions and
23    who fulfills those terms and conditions pursuant to
24    Section 10 of the Cannabis Control Act, Section 410 of the
25    Illinois Controlled Substances Act, Section 70 of the
26    Methamphetamine Control and Community Protection Act,

 

 

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1    Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
2    Corrections, Section 12-4.3 or subdivision (b)(1) of
3    Section 12-3.05 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, Section 10-102 of the Illinois
5    Alcoholism and Other Drug Dependency Act, Section 40-10 of
6    the Substance Use Disorder Act, or Section 10 of the
7    Steroid Control Act.
8        (8) If the petitioner has been granted a certificate
9    of innocence under Section 2-702 of the Code of Civil
10    Procedure, the court that grants the certificate of
11    innocence shall also enter an order expunging the
12    conviction for which the petitioner has been determined to
13    be innocent as provided in subsection (h) of Section 2-702
14    of the Code of Civil Procedure.
15    (c) Sealing.
16        (1) Applicability. Notwithstanding any other provision
17    of this Act to the contrary, and cumulative with any
18    rights to expungement of criminal records, this subsection
19    authorizes the sealing of criminal records of adults and
20    of minors prosecuted as adults. Subsection (g) of this
21    Section provides for immediate sealing of certain records.
22        (2) Eligible Records. The following records may be
23    sealed:
24            (A) All arrests resulting in release without
25        charging;
26            (B) Arrests or charges not initiated by arrest

 

 

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1        resulting in acquittal, dismissal, or conviction when
2        the conviction was reversed or vacated, except as
3        excluded by subsection (a)(3)(B);
4            (C) Arrests or charges not initiated by arrest
5        resulting in orders of supervision, including orders
6        of supervision for municipal ordinance violations,
7        successfully completed by the petitioner, unless
8        excluded by subsection (a)(3);
9            (D) Arrests or charges not initiated by arrest
10        resulting in convictions, including convictions on
11        municipal ordinance violations, unless excluded by
12        subsection (a)(3);
13            (E) Arrests or charges not initiated by arrest
14        resulting in orders of first offender probation under
15        Section 10 of the Cannabis Control Act, Section 410 of
16        the Illinois Controlled Substances Act, Section 70 of
17        the Methamphetamine Control and Community Protection
18        Act, or Section 5-6-3.3 of the Unified Code of
19        Corrections; and
20            (F) Arrests or charges not initiated by arrest
21        resulting in felony convictions unless otherwise
22        excluded by subsection (a) paragraph (3) of this
23        Section.
24        (3) When Records Are Eligible to Be Sealed. Records
25    identified as eligible under subsection (c)(2) may be
26    sealed as follows:

 

 

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1            (A) Records identified as eligible under
2        subsections (c)(2)(A) and (c)(2)(B) may be sealed at
3        any time.
4            (B) Except as otherwise provided in subparagraph
5        (E) of this paragraph (3), records identified as
6        eligible under subsection (c)(2)(C) may be sealed 2
7        years after the termination of petitioner's last
8        sentence (as defined in subsection (a)(1)(F)).
9            (C) Except as otherwise provided in subparagraph
10        (E) of this paragraph (3), records identified as
11        eligible under subsections (c)(2)(D), (c)(2)(E), and
12        (c)(2)(F) may be sealed 3 years after the termination
13        of the petitioner's last sentence (as defined in
14        subsection (a)(1)(F)). Convictions requiring public
15        registration under the Arsonist Registration Act, the
16        Sex Offender Registration Act, or the Murderer and
17        Violent Offender Against Youth Registration Act may
18        not be sealed until the petitioner is no longer
19        required to register under that relevant Act.
20            (D) Records identified in subsection
21        (a)(3)(A)(iii) may be sealed after the petitioner has
22        reached the age of 25 years.
23            (E) Records identified as eligible under
24        subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
25        (c)(2)(F) may be sealed upon termination of the
26        petitioner's last sentence if the petitioner earned a

 

 

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1        high school diploma, associate's degree, career
2        certificate, vocational technical certification, or
3        bachelor's degree, or passed the high school level
4        Test of General Educational Development, during the
5        period of his or her sentence or mandatory supervised
6        release. This subparagraph shall apply only to a
7        petitioner who has not completed the same educational
8        goal prior to the period of his or her sentence or
9        mandatory supervised release. If a petition for
10        sealing eligible records filed under this subparagraph
11        is denied by the court, the time periods under
12        subparagraph (B) or (C) shall apply to any subsequent
13        petition for sealing filed by the petitioner.
14        (4) Subsequent felony convictions. A person may not
15    have subsequent felony conviction records sealed as
16    provided in this subsection (c) if he or she is convicted
17    of any felony offense after the date of the sealing of
18    prior felony convictions as provided in this subsection
19    (c). The court may, upon conviction for a subsequent
20    felony offense, order the unsealing of prior felony
21    conviction records previously ordered sealed by the court.
22        (5) Notice of eligibility for sealing. Upon entry of a
23    disposition for an eligible record under this subsection
24    (c), the petitioner shall be informed by the court of the
25    right to have the records sealed and the procedures for
26    the sealing of the records.

 

 

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1    (d) Procedure. The following procedures apply to
2expungement under subsections (b), (e), and (e-6) and sealing
3under subsections (c) and (e-5):
4        (1) Filing the petition. Upon becoming eligible to
5    petition for the expungement or sealing of records under
6    this Section, the petitioner shall file a petition
7    requesting the expungement or sealing of records with the
8    clerk of the court where the arrests occurred or the
9    charges were brought, or both. If arrests occurred or
10    charges were brought in multiple jurisdictions, a petition
11    must be filed in each such jurisdiction. The petitioner
12    shall pay the applicable fee, except no fee shall be
13    required if the petitioner has obtained a court order
14    waiving fees under Supreme Court Rule 298 or it is
15    otherwise waived.
16        (1.5) County fee waiver pilot program. From August 9,
17    2019 (the effective date of Public Act 101-306) through
18    December 31, 2020, in a county of 3,000,000 or more
19    inhabitants, no fee shall be required to be paid by a
20    petitioner if the records sought to be expunged or sealed
21    were arrests resulting in release without charging or
22    arrests or charges not initiated by arrest resulting in
23    acquittal, dismissal, or conviction when the conviction
24    was reversed or vacated, unless excluded by subsection
25    (a)(3)(B). The provisions of this paragraph (1.5), other
26    than this sentence, are inoperative on and after January

 

 

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1    1, 2022.
2        (2) Contents of petition. The petition shall be
3    verified and shall contain the petitioner's name, date of
4    birth, current address and, for each arrest or charge not
5    initiated by arrest sought to be sealed or expunged, the
6    case number, the date of arrest (if any), the identity of
7    the arresting authority, and such other information as the
8    court may require. During the pendency of the proceeding,
9    the petitioner shall promptly notify the circuit court
10    clerk of any change of his or her address. If the
11    petitioner has received a certificate of eligibility for
12    sealing from the Prisoner Review Board under paragraph
13    (10) of subsection (a) of Section 3-3-2 of the Unified
14    Code of Corrections, the certificate shall be attached to
15    the petition.
16        (3) Drug test. The petitioner must attach to the
17    petition proof that the petitioner has taken within 30
18    days before the filing of the petition a test showing the
19    absence within his or her body of all illegal substances
20    as defined by the Illinois Controlled Substances Act and
21    the Methamphetamine Control and Community Protection Act
22    if he or she is petitioning to:
23            (A) seal felony records under clause (c)(2)(E);
24            (B) seal felony records for a violation of the
25        Illinois Controlled Substances Act, the
26        Methamphetamine Control and Community Protection Act,

 

 

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1        or the Cannabis Control Act under clause (c)(2)(F);
2            (C) seal felony records under subsection (e-5); or
3            (D) expunge felony records of a qualified
4        probation under clause (b)(1)(iv).
5        (4) Service of petition. The circuit court clerk shall
6    promptly serve a copy of the petition and documentation to
7    support the petition under subsection (e-5) or (e-6) on
8    the State's Attorney or prosecutor charged with the duty
9    of prosecuting the offense, the Illinois State Police, the
10    arresting agency and the chief legal officer of the unit
11    of local government effecting the arrest.
12        (5) Objections.
13            (A) Any party entitled to notice of the petition
14        may file an objection to the petition. All objections
15        shall be in writing, shall be filed with the circuit
16        court clerk, and shall state with specificity the
17        basis of the objection. Whenever a person who has been
18        convicted of an offense is granted a pardon by the
19        Governor which specifically authorizes expungement, an
20        objection to the petition may not be filed.
21            (B) Objections to a petition to expunge or seal
22        must be filed within 60 days of the date of service of
23        the petition.
24        (6) Entry of order.
25            (A) The Chief Judge of the circuit wherein the
26        charge was brought, any judge of that circuit

 

 

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1        designated by the Chief Judge, or in counties of less
2        than 3,000,000 inhabitants, the presiding trial judge
3        at the petitioner's trial, if any, shall rule on the
4        petition to expunge or seal as set forth in this
5        subsection (d)(6).
6            (B) Unless the State's Attorney or prosecutor, the
7        Illinois State Police, the arresting agency, or the
8        chief legal officer files an objection to the petition
9        to expunge or seal within 60 days from the date of
10        service of the petition, the court shall enter an
11        order granting or denying the petition.
12            (C) Notwithstanding any other provision of law,
13        the court shall not deny a petition for sealing under
14        this Section because the petitioner has not satisfied
15        an outstanding legal financial obligation established,
16        imposed, or originated by a court, law enforcement
17        agency, or a municipal, State, county, or other unit
18        of local government, including, but not limited to,
19        any cost, assessment, fine, or fee. An outstanding
20        legal financial obligation does not include any court
21        ordered restitution to a victim under Section 5-5-6 of
22        the Unified Code of Corrections, unless the
23        restitution has been converted to a civil judgment.
24        Nothing in this subparagraph (C) waives, rescinds, or
25        abrogates a legal financial obligation or otherwise
26        eliminates or affects the right of the holder of any

 

 

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1        financial obligation to pursue collection under
2        applicable federal, State, or local law.
3            (D) Notwithstanding any other provision of law,
4        the court shall not deny a petition to expunge or seal
5        under this Section because the petitioner has
6        submitted a drug test taken within 30 days before the
7        filing of the petition to expunge or seal that
8        indicates a positive test for the presence of cannabis
9        within the petitioner's body. In this subparagraph
10        (D), "cannabis" has the meaning ascribed to it in
11        Section 3 of the Cannabis Control Act.
12        (7) Hearings. If an objection is filed, the court
13    shall set a date for a hearing and notify the petitioner
14    and all parties entitled to notice of the petition of the
15    hearing date at least 30 days prior to the hearing. Prior
16    to the hearing, the State's Attorney shall consult with
17    the Illinois State Police as to the appropriateness of the
18    relief sought in the petition to expunge or seal. At the
19    hearing, the court shall hear evidence on whether the
20    petition should or should not be granted, and shall grant
21    or deny the petition to expunge or seal the records based
22    on the evidence presented at the hearing. The court may
23    consider the following:
24            (A) the strength of the evidence supporting the
25        defendant's conviction;
26            (B) the reasons for retention of the conviction

 

 

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1        records by the State;
2            (C) the petitioner's age, criminal record history,
3        and employment history;
4            (D) the period of time between the petitioner's
5        arrest on the charge resulting in the conviction and
6        the filing of the petition under this Section; and
7            (E) the specific adverse consequences the
8        petitioner may be subject to if the petition is
9        denied.
10        (8) Service of order. After entering an order to
11    expunge or seal records, the court must provide copies of
12    the order to the Illinois State Police, in a form and
13    manner prescribed by the Illinois State Police, to the
14    petitioner, to the State's Attorney or prosecutor charged
15    with the duty of prosecuting the offense, to the arresting
16    agency, to the chief legal officer of the unit of local
17    government effecting the arrest, and to such other
18    criminal justice agencies as may be ordered by the court.
19        (9) Implementation of order.
20            (A) Upon entry of an order to expunge records
21        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
22        both:
23                (i) the records shall be expunged (as defined
24            in subsection (a)(1)(E)) by the arresting agency,
25            the Illinois State Police, and any other agency as
26            ordered by the court, within 60 days of the date of

 

 

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1            service of the order, unless a motion to vacate,
2            modify, or reconsider the order is filed pursuant
3            to paragraph (12) of subsection (d) of this
4            Section;
5                (ii) the records of the circuit court clerk
6            shall be impounded until further order of the
7            court upon good cause shown and the name of the
8            petitioner obliterated on the official index
9            required to be kept by the circuit court clerk
10            under Section 16 of the Clerks of Courts Act, but
11            the order shall not affect any index issued by the
12            circuit court clerk before the entry of the order;
13            and
14                (iii) in response to an inquiry for expunged
15            records, the court, the Illinois State Police, or
16            the agency receiving such inquiry, shall reply as
17            it does in response to inquiries when no records
18            ever existed.
19            (B) Upon entry of an order to expunge records
20        pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
21        both:
22                (i) the records shall be expunged (as defined
23            in subsection (a)(1)(E)) by the arresting agency
24            and any other agency as ordered by the court,
25            within 60 days of the date of service of the order,
26            unless a motion to vacate, modify, or reconsider

 

 

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1            the order is filed pursuant to paragraph (12) of
2            subsection (d) of this Section;
3                (ii) the records of the circuit court clerk
4            shall be impounded until further order of the
5            court upon good cause shown and the name of the
6            petitioner obliterated on the official index
7            required to be kept by the circuit court clerk
8            under Section 16 of the Clerks of Courts Act, but
9            the order shall not affect any index issued by the
10            circuit court clerk before the entry of the order;
11                (iii) the records shall be impounded by the
12            Illinois State Police within 60 days of the date
13            of service of the order as ordered by the court,
14            unless a motion to vacate, modify, or reconsider
15            the order is filed pursuant to paragraph (12) of
16            subsection (d) of this Section;
17                (iv) records impounded by the Illinois State
18            Police may be disseminated by the Illinois State
19            Police only as required by law or to the arresting
20            authority, the State's Attorney, and the court
21            upon a later arrest for the same or a similar
22            offense or for the purpose of sentencing for any
23            subsequent felony, and to the Department of
24            Corrections upon conviction for any offense; and
25                (v) in response to an inquiry for such records
26            from anyone not authorized by law to access such

 

 

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1            records, the court, the Illinois State Police, or
2            the agency receiving such inquiry shall reply as
3            it does in response to inquiries when no records
4            ever existed.
5            (B-5) Upon entry of an order to expunge records
6        under subsection (e-6):
7                (i) the records shall be expunged (as defined
8            in subsection (a)(1)(E)) by the arresting agency
9            and any other agency as ordered by the court,
10            within 60 days of the date of service of the order,
11            unless a motion to vacate, modify, or reconsider
12            the order is filed under paragraph (12) of
13            subsection (d) of this Section;
14                (ii) the records of the circuit court clerk
15            shall be impounded until further order of the
16            court upon good cause shown and the name of the
17            petitioner obliterated on the official index
18            required to be kept by the circuit court clerk
19            under Section 16 of the Clerks of Courts Act, but
20            the order shall not affect any index issued by the
21            circuit court clerk before the entry of the order;
22                (iii) the records shall be impounded by the
23            Illinois State Police within 60 days of the date
24            of service of the order as ordered by the court,
25            unless a motion to vacate, modify, or reconsider
26            the order is filed under paragraph (12) of

 

 

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1            subsection (d) of this Section;
2                (iv) records impounded by the Illinois State
3            Police may be disseminated by the Illinois State
4            Police only as required by law or to the arresting
5            authority, the State's Attorney, and the court
6            upon a later arrest for the same or a similar
7            offense or for the purpose of sentencing for any
8            subsequent felony, and to the Department of
9            Corrections upon conviction for any offense; and
10                (v) in response to an inquiry for these
11            records from anyone not authorized by law to
12            access the records, the court, the Illinois State
13            Police, or the agency receiving the inquiry shall
14            reply as it does in response to inquiries when no
15            records ever existed.
16            (C) Upon entry of an order to seal records under
17        subsection (c), the arresting agency, any other agency
18        as ordered by the court, the Illinois State Police,
19        and the court shall seal the records (as defined in
20        subsection (a)(1)(K)). In response to an inquiry for
21        such records, from anyone not authorized by law to
22        access such records, the court, the Illinois State
23        Police, or the agency receiving such inquiry shall
24        reply as it does in response to inquiries when no
25        records ever existed.
26            (D) The Illinois State Police shall send written

 

 

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1        notice to the petitioner of its compliance with each
2        order to expunge or seal records within 60 days of the
3        date of service of that order or, if a motion to
4        vacate, modify, or reconsider is filed, within 60 days
5        of service of the order resolving the motion, if that
6        order requires the Illinois State Police to expunge or
7        seal records. In the event of an appeal from the
8        circuit court order, the Illinois State Police shall
9        send written notice to the petitioner of its
10        compliance with an Appellate Court or Supreme Court
11        judgment to expunge or seal records within 60 days of
12        the issuance of the court's mandate. The notice is not
13        required while any motion to vacate, modify, or
14        reconsider, or any appeal or petition for
15        discretionary appellate review, is pending.
16            (E) Upon motion, the court may order that a sealed
17        judgment or other court record necessary to
18        demonstrate the amount of any legal financial
19        obligation due and owing be made available for the
20        limited purpose of collecting any legal financial
21        obligations owed by the petitioner that were
22        established, imposed, or originated in the criminal
23        proceeding for which those records have been sealed.
24        The records made available under this subparagraph (E)
25        shall not be entered into the official index required
26        to be kept by the circuit court clerk under Section 16

 

 

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1        of the Clerks of Courts Act and shall be immediately
2        re-impounded upon the collection of the outstanding
3        financial obligations.
4            (F) Notwithstanding any other provision of this
5        Section, a circuit court clerk may access a sealed
6        record for the limited purpose of collecting payment
7        for any legal financial obligations that were
8        established, imposed, or originated in the criminal
9        proceedings for which those records have been sealed.
10        (10) Fees. The Illinois State Police may charge the
11    petitioner a fee equivalent to the cost of processing any
12    order to expunge or seal records. Notwithstanding any
13    provision of the Clerks of Courts Act to the contrary, the
14    circuit court clerk may charge a fee equivalent to the
15    cost associated with the sealing or expungement of records
16    by the circuit court clerk. From the total filing fee
17    collected for the petition to seal or expunge, the circuit
18    court clerk shall deposit $10 into the Circuit Court Clerk
19    Operation and Administrative Fund, to be used to offset
20    the costs incurred by the circuit court clerk in
21    performing the additional duties required to serve the
22    petition to seal or expunge on all parties. The circuit
23    court clerk shall collect and remit the Illinois State
24    Police portion of the fee to the State Treasurer and it
25    shall be deposited in the State Police Services Fund. If
26    the record brought under an expungement petition was

 

 

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1    previously sealed under this Section, the fee for the
2    expungement petition for that same record shall be waived.
3        (11) Final Order. No court order issued under the
4    expungement or sealing provisions of this Section shall
5    become final for purposes of appeal until 30 days after
6    service of the order on the petitioner and all parties
7    entitled to notice of the petition.
8        (12) Motion to Vacate, Modify, or Reconsider. Under
9    Section 2-1203 of the Code of Civil Procedure, the
10    petitioner or any party entitled to notice may file a
11    motion to vacate, modify, or reconsider the order granting
12    or denying the petition to expunge or seal within 60 days
13    of service of the order. If filed more than 60 days after
14    service of the order, a petition to vacate, modify, or
15    reconsider shall comply with subsection (c) of Section
16    2-1401 of the Code of Civil Procedure. Upon filing of a
17    motion to vacate, modify, or reconsider, notice of the
18    motion shall be served upon the petitioner and all parties
19    entitled to notice of the petition.
20        (13) Effect of Order. An order granting a petition
21    under the expungement or sealing provisions of this
22    Section shall not be considered void because it fails to
23    comply with the provisions of this Section or because of
24    any error asserted in a motion to vacate, modify, or
25    reconsider. The circuit court retains jurisdiction to
26    determine whether the order is voidable and to vacate,

 

 

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1    modify, or reconsider its terms based on a motion filed
2    under paragraph (12) of this subsection (d).
3        (14) Compliance with Order Granting Petition to Seal
4    Records. Unless a court has entered a stay of an order
5    granting a petition to seal, all parties entitled to
6    notice of the petition must fully comply with the terms of
7    the order within 60 days of service of the order even if a
8    party is seeking relief from the order through a motion
9    filed under paragraph (12) of this subsection (d) or is
10    appealing the order.
11        (15) Compliance with Order Granting Petition to
12    Expunge Records. While a party is seeking relief from the
13    order granting the petition to expunge through a motion
14    filed under paragraph (12) of this subsection (d) or is
15    appealing the order, and unless a court has entered a stay
16    of that order, the parties entitled to notice of the
17    petition must seal, but need not expunge, the records
18    until there is a final order on the motion for relief or,
19    in the case of an appeal, the issuance of that court's
20    mandate.
21        (16) The changes to this subsection (d) made by Public
22    Act 98-163 apply to all petitions pending on August 5,
23    2013 (the effective date of Public Act 98-163) and to all
24    orders ruling on a petition to expunge or seal on or after
25    August 5, 2013 (the effective date of Public Act 98-163).
26    (e) Whenever a person who has been convicted of an offense

 

 

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1is granted a pardon by the Governor which specifically
2authorizes expungement, he or she may, upon verified petition
3to the Chief Judge of the circuit where the person had been
4convicted, any judge of the circuit designated by the Chief
5Judge, or in counties of less than 3,000,000 inhabitants, the
6presiding trial judge at the defendant's trial, have a court
7order entered expunging the record of arrest from the official
8records of the arresting authority and order that the records
9of the circuit court clerk and the Illinois State Police be
10sealed until further order of the court upon good cause shown
11or as otherwise provided herein, and the name of the defendant
12obliterated from the official index requested to be kept by
13the circuit court clerk under Section 16 of the Clerks of
14Courts Act in connection with the arrest and conviction for
15the offense for which he or she had been pardoned but the order
16shall not affect any index issued by the circuit court clerk
17before the entry of the order. All records sealed by the
18Illinois State Police may be disseminated by the Illinois
19State Police only to the arresting authority, the State's
20Attorney, and the court upon a later arrest for the same or
21similar offense or for the purpose of sentencing for any
22subsequent felony. Upon conviction for any subsequent offense,
23the Department of Corrections shall have access to all sealed
24records of the Illinois State Police pertaining to that
25individual. Upon entry of the order of expungement, the
26circuit court clerk shall promptly mail a copy of the order to

 

 

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1the person who was pardoned.
2    (e-5) Whenever a person who has been convicted of an
3offense is granted a certificate of eligibility for sealing by
4the Prisoner Review Board which specifically authorizes
5sealing, he or she may, upon verified petition to the Chief
6Judge of the circuit where the person had been convicted, any
7judge of the circuit designated by the Chief Judge, or in
8counties of less than 3,000,000 inhabitants, the presiding
9trial judge at the petitioner's trial, have a court order
10entered sealing the record of arrest from the official records
11of the arresting authority and order that the records of the
12circuit court clerk and the Illinois State Police be sealed
13until further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the petitioner
15obliterated from the official index requested to be kept by
16the circuit court clerk under Section 16 of the Clerks of
17Courts Act in connection with the arrest and conviction for
18the offense for which he or she had been granted the
19certificate but the order shall not affect any index issued by
20the circuit court clerk before the entry of the order. All
21records sealed by the Illinois State Police may be
22disseminated by the Illinois State Police only as required by
23this Act or to the arresting authority, a law enforcement
24agency, the State's Attorney, and the court upon a later
25arrest for the same or similar offense or for the purpose of
26sentencing for any subsequent felony. Upon conviction for any

 

 

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1subsequent offense, the Department of Corrections shall have
2access to all sealed records of the Illinois State Police
3pertaining to that individual. Upon entry of the order of
4sealing, the circuit court clerk shall promptly mail a copy of
5the order to the person who was granted the certificate of
6eligibility for sealing.
7    (e-6) Whenever a person who has been convicted of an
8offense is granted a certificate of eligibility for
9expungement by the Prisoner Review Board which specifically
10authorizes expungement, he or she may, upon verified petition
11to the Chief Judge of the circuit where the person had been
12convicted, any judge of the circuit designated by the Chief
13Judge, or in counties of less than 3,000,000 inhabitants, the
14presiding trial judge at the petitioner's trial, have a court
15order entered expunging the record of arrest from the official
16records of the arresting authority and order that the records
17of the circuit court clerk and the Illinois State Police be
18sealed until further order of the court upon good cause shown
19or as otherwise provided herein, and the name of the
20petitioner obliterated from the official index requested to be
21kept by the circuit court clerk under Section 16 of the Clerks
22of Courts Act in connection with the arrest and conviction for
23the offense for which he or she had been granted the
24certificate but the order shall not affect any index issued by
25the circuit court clerk before the entry of the order. All
26records sealed by the Illinois State Police may be

 

 

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1disseminated by the Illinois State Police only as required by
2this Act or to the arresting authority, a law enforcement
3agency, the State's Attorney, and the court upon a later
4arrest for the same or similar offense or for the purpose of
5sentencing for any subsequent felony. Upon conviction for any
6subsequent offense, the Department of Corrections shall have
7access to all expunged records of the Illinois State Police
8pertaining to that individual. Upon entry of the order of
9expungement, the circuit court clerk shall promptly mail a
10copy of the order to the person who was granted the certificate
11of eligibility for expungement.
12    (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of
17the Illinois Department of Corrections, records of the
18Illinois Department of Employment Security shall be utilized
19as appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24    (g) Immediate Sealing.
25        (1) Applicability. Notwithstanding any other provision
26    of this Act to the contrary, and cumulative with any

 

 

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1    rights to expungement or sealing of criminal records, this
2    subsection authorizes the immediate sealing of criminal
3    records of adults and of minors prosecuted as adults.
4        (2) Eligible Records. Arrests or charges not initiated
5    by arrest resulting in acquittal or dismissal with
6    prejudice, except as excluded by subsection (a)(3)(B),
7    that occur on or after January 1, 2018 (the effective date
8    of Public Act 100-282), may be sealed immediately if the
9    petition is filed with the circuit court clerk on the same
10    day and during the same hearing in which the case is
11    disposed.
12        (3) When Records are Eligible to be Immediately
13    Sealed. Eligible records under paragraph (2) of this
14    subsection (g) may be sealed immediately after entry of
15    the final disposition of a case, notwithstanding the
16    disposition of other charges in the same case.
17        (4) Notice of Eligibility for Immediate Sealing. Upon
18    entry of a disposition for an eligible record under this
19    subsection (g), the defendant shall be informed by the
20    court of his or her right to have eligible records
21    immediately sealed and the procedure for the immediate
22    sealing of these records.
23        (5) Procedure. The following procedures apply to
24    immediate sealing under this subsection (g).
25            (A) Filing the Petition. Upon entry of the final
26        disposition of the case, the defendant's attorney may

 

 

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1        immediately petition the court, on behalf of the
2        defendant, for immediate sealing of eligible records
3        under paragraph (2) of this subsection (g) that are
4        entered on or after January 1, 2018 (the effective
5        date of Public Act 100-282). The immediate sealing
6        petition may be filed with the circuit court clerk
7        during the hearing in which the final disposition of
8        the case is entered. If the defendant's attorney does
9        not file the petition for immediate sealing during the
10        hearing, the defendant may file a petition for sealing
11        at any time as authorized under subsection (c)(3)(A).
12            (B) Contents of Petition. The immediate sealing
13        petition shall be verified and shall contain the
14        petitioner's name, date of birth, current address, and
15        for each eligible record, the case number, the date of
16        arrest if applicable, the identity of the arresting
17        authority if applicable, and other information as the
18        court may require.
19            (C) Drug Test. The petitioner shall not be
20        required to attach proof that he or she has passed a
21        drug test.
22            (D) Service of Petition. A copy of the petition
23        shall be served on the State's Attorney in open court.
24        The petitioner shall not be required to serve a copy of
25        the petition on any other agency.
26            (E) Entry of Order. The presiding trial judge

 

 

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1        shall enter an order granting or denying the petition
2        for immediate sealing during the hearing in which it
3        is filed. Petitions for immediate sealing shall be
4        ruled on in the same hearing in which the final
5        disposition of the case is entered.
6            (F) Hearings. The court shall hear the petition
7        for immediate sealing on the same day and during the
8        same hearing in which the disposition is rendered.
9            (G) Service of Order. An order to immediately seal
10        eligible records shall be served in conformance with
11        subsection (d)(8).
12            (H) Implementation of Order. An order to
13        immediately seal records shall be implemented in
14        conformance with subsections (d)(9)(C) and (d)(9)(D).
15            (I) Fees. The fee imposed by the circuit court
16        clerk and the Illinois State Police shall comply with
17        paragraph (1) of subsection (d) of this Section.
18            (J) Final Order. No court order issued under this
19        subsection (g) shall become final for purposes of
20        appeal until 30 days after service of the order on the
21        petitioner and all parties entitled to service of the
22        order in conformance with subsection (d)(8).
23            (K) Motion to Vacate, Modify, or Reconsider. Under
24        Section 2-1203 of the Code of Civil Procedure, the
25        petitioner, State's Attorney, or the Illinois State
26        Police may file a motion to vacate, modify, or

 

 

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1        reconsider the order denying the petition to
2        immediately seal within 60 days of service of the
3        order. If filed more than 60 days after service of the
4        order, a petition to vacate, modify, or reconsider
5        shall comply with subsection (c) of Section 2-1401 of
6        the Code of Civil Procedure.
7            (L) Effect of Order. An order granting an
8        immediate sealing petition shall not be considered
9        void because it fails to comply with the provisions of
10        this Section or because of an error asserted in a
11        motion to vacate, modify, or reconsider. The circuit
12        court retains jurisdiction to determine whether the
13        order is voidable, and to vacate, modify, or
14        reconsider its terms based on a motion filed under
15        subparagraph (L) of this subsection (g).
16            (M) Compliance with Order Granting Petition to
17        Seal Records. Unless a court has entered a stay of an
18        order granting a petition to immediately seal, all
19        parties entitled to service of the order must fully
20        comply with the terms of the order within 60 days of
21        service of the order.
22    (h) Sealing or vacation and expungement of trafficking
23victims' crimes.
24        (1) A trafficking victim, as defined by paragraph (10)
25    of subsection (a) of Section 10-9 of the Criminal Code of
26    2012, may petition for vacation and expungement or

 

 

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1    immediate sealing of his or her criminal record upon the
2    completion of his or her last sentence if his or her
3    participation in the underlying offense was a result of
4    human trafficking under Section 10-9 of the Criminal Code
5    of 2012 or a severe form of trafficking under the federal
6    Trafficking Victims Protection Act.
7        (1.5) A petition under paragraph (1) shall be
8    prepared, signed, and filed in accordance with Supreme
9    Court Rule 9. The court may allow the petitioner to attend
10    any required hearing remotely in accordance with local
11    rules. The court may allow a petition to be filed under
12    seal if the public filing of the petition would constitute
13    a risk of harm to the petitioner.
14        (2) A petitioner under this subsection (h), in
15    addition to the requirements provided under paragraph (4)
16    of subsection (d) of this Section, shall include in his or
17    her petition a clear and concise statement that: (A) he or
18    she was a victim of human trafficking at the time of the
19    offense; and (B) that his or her participation in the
20    offense was a result of human trafficking under Section
21    10-9 of the Criminal Code of 2012 or a severe form of
22    trafficking under the federal Trafficking Victims
23    Protection Act.
24        (3) If an objection is filed alleging that the
25    petitioner is not entitled to vacation and expungement or
26    immediate sealing under this subsection (h), the court

 

 

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1    shall conduct a hearing under paragraph (7) of subsection
2    (d) of this Section and the court shall determine whether
3    the petitioner is entitled to vacation and expungement or
4    immediate sealing under this subsection (h). A petitioner
5    is eligible for vacation and expungement or immediate
6    relief under this subsection (h) if he or she shows, by a
7    preponderance of the evidence, that: (A) he or she was a
8    victim of human trafficking at the time of the offense;
9    and (B) that his or her participation in the offense was a
10    result of human trafficking under Section 10-9 of the
11    Criminal Code of 2012 or a severe form of trafficking
12    under the federal Trafficking Victims Protection Act.
13    (i) Minor Cannabis Offenses under the Cannabis Control
14Act.
15        (1) Expungement of Arrest Records of Minor Cannabis
16    Offenses.
17            (A) The Illinois State Police and all law
18        enforcement agencies within the State shall
19        automatically expunge all criminal history records of
20        an arrest, charge not initiated by arrest, order of
21        supervision, or order of qualified probation for a
22        Minor Cannabis Offense committed prior to June 25,
23        2019 (the effective date of Public Act 101-27) if:
24                (i) One year or more has elapsed since the
25            date of the arrest or law enforcement interaction
26            documented in the records; and

 

 

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1                (ii) No criminal charges were filed relating
2            to the arrest or law enforcement interaction or
3            criminal charges were filed and subsequently
4            dismissed or vacated or the arrestee was
5            acquitted.
6            (B) If the law enforcement agency is unable to
7        verify satisfaction of condition (ii) in paragraph
8        (A), records that satisfy condition (i) in paragraph
9        (A) shall be automatically expunged.
10            (C) Records shall be expunged by the law
11        enforcement agency under the following timelines:
12                (i) Records created prior to June 25, 2019
13            (the effective date of Public Act 101-27), but on
14            or after January 1, 2013, shall be automatically
15            expunged prior to January 1, 2021;
16                (ii) Records created prior to January 1, 2013,
17            but on or after January 1, 2000, shall be
18            automatically expunged prior to January 1, 2023;
19                (iii) Records created prior to January 1, 2000
20            shall be automatically expunged prior to January
21            1, 2025.
22            In response to an inquiry for expunged records,
23        the law enforcement agency receiving such inquiry
24        shall reply as it does in response to inquiries when no
25        records ever existed; however, it shall provide a
26        certificate of disposition or confirmation that the

 

 

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1        record was expunged to the individual whose record was
2        expunged if such a record exists.
3            (D) Nothing in this Section shall be construed to
4        restrict or modify an individual's right to have that
5        individual's records expunged except as otherwise may
6        be provided in this Act, or diminish or abrogate any
7        rights or remedies otherwise available to the
8        individual.
9        (2) Pardons Authorizing Expungement of Minor Cannabis
10    Offenses.
11            (A) Upon June 25, 2019 (the effective date of
12        Public Act 101-27), the Department of State Police
13        shall review all criminal history record information
14        and identify all records that meet all of the
15        following criteria:
16                (i) one or more convictions for a Minor
17            Cannabis Offense;
18                (ii) the conviction identified in paragraph
19            (2)(A)(i) did not include a penalty enhancement
20            under Section 7 of the Cannabis Control Act; and
21                (iii) the conviction identified in paragraph
22            (2)(A)(i) is not associated with a conviction for
23            a violent crime as defined in subsection (c) of
24            Section 3 of the Rights of Crime Victims and
25            Witnesses Act.
26            (B) Within 180 days after June 25, 2019 (the

 

 

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1        effective date of Public Act 101-27), the Department
2        of State Police shall notify the Prisoner Review Board
3        of all such records that meet the criteria established
4        in paragraph (2)(A).
5                (i) The Prisoner Review Board shall notify the
6            State's Attorney of the county of conviction of
7            each record identified by State Police in
8            paragraph (2)(A) that is classified as a Class 4
9            felony. The State's Attorney may provide a written
10            objection to the Prisoner Review Board on the sole
11            basis that the record identified does not meet the
12            criteria established in paragraph (2)(A). Such an
13            objection must be filed within 60 days or by such
14            later date set by the Prisoner Review Board in the
15            notice after the State's Attorney received notice
16            from the Prisoner Review Board.
17                (ii) In response to a written objection from a
18            State's Attorney, the Prisoner Review Board is
19            authorized to conduct a non-public hearing to
20            evaluate the information provided in the
21            objection.
22                (iii) The Prisoner Review Board shall make a
23            confidential and privileged recommendation to the
24            Governor as to whether to grant a pardon
25            authorizing expungement for each of the records
26            identified by the Department of State Police as

 

 

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1            described in paragraph (2)(A).
2            (C) If an individual has been granted a pardon
3        authorizing expungement as described in this Section,
4        the Prisoner Review Board, through the Attorney
5        General, shall file a petition for expungement with
6        the Chief Judge of the circuit or any judge of the
7        circuit designated by the Chief Judge where the
8        individual had been convicted. Such petition may
9        include more than one individual. Whenever an
10        individual who has been convicted of an offense is
11        granted a pardon by the Governor that specifically
12        authorizes expungement, an objection to the petition
13        may not be filed. Petitions to expunge under this
14        subsection (i) may include more than one individual.
15        Within 90 days of the filing of such a petition, the
16        court shall enter an order expunging the records of
17        arrest from the official records of the arresting
18        authority and order that the records of the circuit
19        court clerk and the Illinois State Police be expunged
20        and the name of the defendant obliterated from the
21        official index requested to be kept by the circuit
22        court clerk under Section 16 of the Clerks of Courts
23        Act in connection with the arrest and conviction for
24        the offense for which the individual had received a
25        pardon but the order shall not affect any index issued
26        by the circuit court clerk before the entry of the

 

 

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1        order. Upon entry of the order of expungement, the
2        circuit court clerk shall promptly provide a copy of
3        the order and a certificate of disposition to the
4        individual who was pardoned to the individual's last
5        known address or by electronic means (if available) or
6        otherwise make it available to the individual upon
7        request.
8            (D) Nothing in this Section is intended to
9        diminish or abrogate any rights or remedies otherwise
10        available to the individual.
11        (3) Any individual may file a motion to vacate and
12    expunge a conviction for a misdemeanor or Class 4 felony
13    violation of Section 4 or Section 5 of the Cannabis
14    Control Act. Motions to vacate and expunge under this
15    subsection (i) may be filed with the circuit court, Chief
16    Judge of a judicial circuit or any judge of the circuit
17    designated by the Chief Judge. The circuit court clerk
18    shall promptly serve a copy of the motion to vacate and
19    expunge, and any supporting documentation, on the State's
20    Attorney or prosecutor charged with the duty of
21    prosecuting the offense. When considering such a motion to
22    vacate and expunge, a court shall consider the following:
23    the reasons to retain the records provided by law
24    enforcement, the petitioner's age, the petitioner's age at
25    the time of offense, the time since the conviction, and
26    the specific adverse consequences if denied. An individual

 

 

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1    may file such a petition after the completion of any
2    non-financial sentence or non-financial condition imposed
3    by the conviction. Within 60 days of the filing of such
4    motion, a State's Attorney may file an objection to such a
5    petition along with supporting evidence. If a motion to
6    vacate and expunge is granted, the records shall be
7    expunged in accordance with subparagraphs (d)(8) and
8    (d)(9)(A) of this Section. An agency providing civil legal
9    aid, as defined by Section 15 of the Public Interest
10    Attorney Assistance Act, assisting individuals seeking to
11    file a motion to vacate and expunge under this subsection
12    may file motions to vacate and expunge with the Chief
13    Judge of a judicial circuit or any judge of the circuit
14    designated by the Chief Judge, and the motion may include
15    more than one individual. Motions filed by an agency
16    providing civil legal aid concerning more than one
17    individual may be prepared, presented, and signed
18    electronically.
19        (4) Any State's Attorney may file a motion to vacate
20    and expunge a conviction for a misdemeanor or Class 4
21    felony violation of Section 4 or Section 5 of the Cannabis
22    Control Act. Motions to vacate and expunge under this
23    subsection (i) may be filed with the circuit court, Chief
24    Judge of a judicial circuit or any judge of the circuit
25    designated by the Chief Judge, and may include more than
26    one individual. Motions filed by a State's Attorney

 

 

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1    concerning more than one individual may be prepared,
2    presented, and signed electronically. When considering
3    such a motion to vacate and expunge, a court shall
4    consider the following: the reasons to retain the records
5    provided by law enforcement, the individual's age, the
6    individual's age at the time of offense, the time since
7    the conviction, and the specific adverse consequences if
8    denied. Upon entry of an order granting a motion to vacate
9    and expunge records pursuant to this Section, the State's
10    Attorney shall notify the Prisoner Review Board within 30
11    days. Upon entry of the order of expungement, the circuit
12    court clerk shall promptly provide a copy of the order and
13    a certificate of disposition to the individual whose
14    records will be expunged to the individual's last known
15    address or by electronic means (if available) or otherwise
16    make available to the individual upon request. If a motion
17    to vacate and expunge is granted, the records shall be
18    expunged in accordance with subparagraphs (d)(8) and
19    (d)(9)(A) of this Section.
20        (5) In the public interest, the State's Attorney of a
21    county has standing to file motions to vacate and expunge
22    pursuant to this Section in the circuit court with
23    jurisdiction over the underlying conviction.
24        (6) If a person is arrested for a Minor Cannabis
25    Offense as defined in this Section before June 25, 2019
26    (the effective date of Public Act 101-27) and the person's

 

 

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1    case is still pending but a sentence has not been imposed,
2    the person may petition the court in which the charges are
3    pending for an order to summarily dismiss those charges
4    against him or her, and expunge all official records of
5    his or her arrest, plea, trial, conviction, incarceration,
6    supervision, or expungement. If the court determines, upon
7    review, that: (A) the person was arrested before June 25,
8    2019 (the effective date of Public Act 101-27) for an
9    offense that has been made eligible for expungement; (B)
10    the case is pending at the time; and (C) the person has not
11    been sentenced of the minor cannabis violation eligible
12    for expungement under this subsection, the court shall
13    consider the following: the reasons to retain the records
14    provided by law enforcement, the petitioner's age, the
15    petitioner's age at the time of offense, the time since
16    the conviction, and the specific adverse consequences if
17    denied. If a motion to dismiss and expunge is granted, the
18    records shall be expunged in accordance with subparagraph
19    (d)(9)(A) of this Section.
20        (7) A person imprisoned solely as a result of one or
21    more convictions for Minor Cannabis Offenses under this
22    subsection (i) shall be released from incarceration upon
23    the issuance of an order under this subsection.
24        (8) The Illinois State Police shall allow a person to
25    use the access and review process, established in the
26    Illinois State Police, for verifying that his or her

 

 

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1    records relating to Minor Cannabis Offenses of the
2    Cannabis Control Act eligible under this Section have been
3    expunged.
4        (9) No conviction vacated pursuant to this Section
5    shall serve as the basis for damages for time unjustly
6    served as provided in the Court of Claims Act.
7        (10) Effect of Expungement. A person's right to
8    expunge an expungeable offense shall not be limited under
9    this Section. The effect of an order of expungement shall
10    be to restore the person to the status he or she occupied
11    before the arrest, charge, or conviction.
12        (11) Information. The Illinois State Police shall post
13    general information on its website about the expungement
14    process described in this subsection (i).
15    (j) Felony Prostitution Convictions.
16        (1) Any individual may file a motion to vacate and
17    expunge a conviction for a prior Class 4 felony violation
18    of prostitution. Motions to vacate and expunge under this
19    subsection (j) may be filed with the circuit court, Chief
20    Judge of a judicial circuit, or any judge of the circuit
21    designated by the Chief Judge. When considering the motion
22    to vacate and expunge, a court shall consider the
23    following:
24            (A) the reasons to retain the records provided by
25        law enforcement;
26            (B) the petitioner's age;

 

 

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1            (C) the petitioner's age at the time of offense;
2        and
3            (D) the time since the conviction, and the
4        specific adverse consequences if denied. An individual
5        may file the petition after the completion of any
6        sentence or condition imposed by the conviction.
7        Within 60 days of the filing of the motion, a State's
8        Attorney may file an objection to the petition along
9        with supporting evidence. If a motion to vacate and
10        expunge is granted, the records shall be expunged in
11        accordance with subparagraph (d)(9)(A) of this
12        Section. An agency providing civil legal aid, as
13        defined in Section 15 of the Public Interest Attorney
14        Assistance Act, assisting individuals seeking to file
15        a motion to vacate and expunge under this subsection
16        may file motions to vacate and expunge with the Chief
17        Judge of a judicial circuit or any judge of the circuit
18        designated by the Chief Judge, and the motion may
19        include more than one individual.
20        (2) Any State's Attorney may file a motion to vacate
21    and expunge a conviction for a Class 4 felony violation of
22    prostitution. Motions to vacate and expunge under this
23    subsection (j) may be filed with the circuit court, Chief
24    Judge of a judicial circuit, or any judge of the circuit
25    court designated by the Chief Judge, and may include more
26    than one individual. When considering the motion to vacate

 

 

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1    and expunge, a court shall consider the following reasons:
2            (A) the reasons to retain the records provided by
3        law enforcement;
4            (B) the petitioner's age;
5            (C) the petitioner's age at the time of offense;
6            (D) the time since the conviction; and
7            (E) the specific adverse consequences if denied.
8        If the State's Attorney files a motion to vacate and
9    expunge records for felony prostitution convictions
10    pursuant to this Section, the State's Attorney shall
11    notify the Prisoner Review Board within 30 days of the
12    filing. If a motion to vacate and expunge is granted, the
13    records shall be expunged in accordance with subparagraph
14    (d)(9)(A) of this Section.
15        (3) In the public interest, the State's Attorney of a
16    county has standing to file motions to vacate and expunge
17    pursuant to this Section in the circuit court with
18    jurisdiction over the underlying conviction.
19        (4) The Illinois State Police shall allow a person to
20    a use the access and review process, established in the
21    Illinois State Police, for verifying that his or her
22    records relating to felony prostitution eligible under
23    this Section have been expunged.
24        (5) No conviction vacated pursuant to this Section
25    shall serve as the basis for damages for time unjustly
26    served as provided in the Court of Claims Act.

 

 

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1        (6) Effect of Expungement. A person's right to expunge
2    an expungeable offense shall not be limited under this
3    Section. The effect of an order of expungement shall be to
4    restore the person to the status he or she occupied before
5    the arrest, charge, or conviction.
6        (7) Information. The Illinois State Police shall post
7    general information on its website about the expungement
8    process described in this subsection (j).
9(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
10102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
111-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
 
12    Section 10. The Drug Court Treatment Act is amended by
13changing Section 35 as follows:
 
14    (730 ILCS 166/35)
15    Sec. 35. Violation; termination; dismissal from program.
16    (a) If the court finds from the evidence presented,
17including, but not limited to, the reports or proffers of
18proof from the drug court professionals, that: (1) the
19participant is not complying with the requirements of the
20treatment program; or (2) the participant has otherwise
21violated the terms and conditions of the program, the court
22may impose reasonable sanctions under the prior written
23agreement of the participant, including, but not limited to,
24imprisonment or dismissal of the participant from the program,

 

 

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1and the court may reinstate criminal proceedings against the
2participant or proceed under Section 5-6-4 of the Unified Code
3of Corrections for a violation of probation, conditional
4discharge, or supervision hearing.
5    (a-5) Based on the evidence presented, the court shall
6determine whether the participant has violated the conditions
7of the program and whether the participant should be dismissed
8from the program or whether, pursuant to the court's policies
9and procedures, some other alternative may be appropriate in
10the interests of the participant and the public.
11    (a-10) A participant who is assigned to a substance use
12disorder treatment program under this Act for an opioid use
13disorder is not in violation of the terms or conditions of the
14program on the basis of participation in medication-assisted
15treatment under the care of a physician licensed in this State
16to practice medicine in all of its branches.
17    (a-15) A participant may voluntarily withdraw from the
18drug court program in accordance with the drug court program's
19policies and procedures. Prior to allowing the participant to
20withdraw, the judge shall:
21        (1) ensure that the participant has the right to
22    consult with counsel prior to withdrawal;
23        (2) determine in open court that the withdrawal is
24    made voluntarily and knowingly; and
25        (3) admonish the participant in open court as to the
26    consequences, actual or potential, which can result from

 

 

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1    withdrawal.
2    Upon withdrawal, the criminal proceedings may be
3reinstated against the participant or proceedings may be
4initiated under Section 5-6-4 of the Unified Code of
5Corrections for a violation of probation, conditional
6discharge, or supervision hearing.
7    (a-20) No participant may be dismissed from the program
8unless, prior to dismissal, the participant is informed in
9writing:
10        (1) of the reason or reasons for the dismissal;
11        (2) the evidentiary basis supporting the reason or
12    reasons for the dismissal; and
13        (3) that the participant has a right to a hearing at
14    which the participant may present evidence supporting the
15    participant's continuation in the program.
16    (a-25) A participant who has not violated the conditions
17of the program in such a way as to warrant unsuccessful
18dismissal, but who is unable to complete program requirements
19to qualify for a successful discharge, may be terminated from
20the program as a neutral discharge.
21    (b) Upon successful completion of the terms and conditions
22of the program, the court may dismiss the original charges
23against the participant or successfully terminate the
24participant's sentence or otherwise discharge the participant
25from any further proceedings against the participant in the
26original prosecution.

 

 

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1    (c) Upon successful completion of the terms and conditions
2of the program, any State's Attorney in the county of
3conviction, participant, or defense attorney may move to
4vacate any convictions that are eligible for sealing under the
5Criminal Identification Act. A participant may immediately
6file a petition to expunge vacated convictions and the
7associated underlying records pursuant to per the Criminal
8Identification Act, including filing a petition in advance of
9anticipated vacatur and dismissal. If the State's Attorney
10moves to vacate a conviction, the State's Attorney may not
11object to expungement of that conviction or the underlying
12record.
13    (d) The drug court program may maintain or collaborate
14with a network of legal aid organizations that specialize in
15conviction relief to support participants navigating the
16expungement and sealing process.
17(Source: P.A. 102-1041, eff. 6-2-22.)
 
18    Section 15. The Veterans and Servicemembers Court
19Treatment Act is amended by changing Section 35 as follows:
 
20    (730 ILCS 167/35)
21    Sec. 35. Violation; termination; dismissal from the
22program.
23    (a) If the court finds from the evidence presented,
24including, but not limited to, the reports or proffers of

 

 

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1proof from the veterans and servicemembers court
2professionals, that: (1) the participant is not complying with
3the requirements of the treatment program; or (2) the
4participant has otherwise violated the terms and conditions of
5the program, the court may impose reasonable sanctions under
6the prior written agreement of the participant, including, but
7not limited to, imprisonment or dismissal of the participant
8from the program and the court may reinstate criminal
9proceedings against the participant or proceed under Section
105-6-4 of the Unified Code of Corrections for a violation of
11probation, conditional discharge, or supervision hearing.
12    (a-5) Based on the evidence presented, the court shall
13determine whether the participant has violated the conditions
14of the program and whether the participant should be dismissed
15from the program or whether, pursuant to the court's policies
16and procedures, some other alternative may be appropriate in
17the interests of the participant and the public.
18    (a-10) A participant who is assigned to a substance use
19disorder treatment program under this Act for an opioid use
20disorder is not in violation of the terms or conditions of the
21program on the basis of participation in medication-assisted
22treatment under the care of a physician licensed in this State
23to practice medicine in all of its branches.
24    (a-15) A participant may voluntarily withdraw from the
25veterans and servicemembers court program in accordance with
26the program's policies and procedures. Prior to allowing the

 

 

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1participant to withdraw, the judge shall:
2            (1) ensure that the participant has the right to
3        consult with counsel prior to withdrawal;
4            (2) determine in open court that the withdrawal is
5        made voluntarily and knowingly; and
6            (3) admonish the participant in open court as to
7        the consequences, actual or potential, which can
8        result from withdrawal.
9    Upon withdrawal, the criminal proceedings may be
10reinstated against the participant or proceedings may be
11initiated under Section 5-6-4 of the Unified Code of
12Corrections for a violation of probation, conditional
13discharge, or supervision hearing.
14    (a-20) A participant who has not violated the conditions
15of the program in such a way as to warrant unsuccessful
16dismissal, but who is unable to complete program requirements
17to qualify for a successful discharge, may be terminated from
18the program as a neutral discharge.
19    (b) Upon successful completion of the terms and conditions
20of the program, the court may dismiss the original charges
21against the participant or successfully terminate the
22participant's sentence or otherwise discharge the participant
23from any further proceedings against the participant in the
24original prosecution.
25    (c) Upon successful completion of the terms and conditions
26of the program, any State's Attorney in the county of

 

 

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1conviction, a participant, or defense attorney may move to
2vacate any convictions that are eligible for sealing under the
3Criminal Identification Act. A participant may immediately
4file a petition to expunge vacated convictions and the
5associated underlying records pursuant to per the Criminal
6Identification Act, including filing a petition in advance of
7anticipated vacatur and dismissal. If the State's Attorney
8moves to vacate a conviction, the State's Attorney may not
9object to expungement of that conviction or the underlying
10record.
11    (d) Veterans and servicemembers court programs may
12maintain or collaborate with a network of legal aid
13organizations that specialize in conviction relief to support
14participants navigating the expungement and sealing process.
15(Source: P.A. 102-1041, eff. 6-2-22.)
 
16    Section 20. The Mental Health Court Treatment Act is
17amended by changing Section 35 as follows:
 
18    (730 ILCS 168/35)
19    Sec. 35. Violation; termination; dismissal from program.
20    (a) If the court finds from the evidence presented,
21including, but not limited to, the reports or proffers of
22proof from the mental health court professionals, that: (1)
23the participant is not complying with the requirements of the
24treatment program; or (2) the participant has otherwise

 

 

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1violated the terms and conditions of the program, the court
2may impose reasonable sanctions under the prior written
3agreement of the participant, including, but not limited to,
4imprisonment or dismissal of the defendant from the program
5and the court may reinstate criminal proceedings against the
6participant or proceed under Section 5-6-4 of the Unified Code
7of Corrections for a violation of probation, conditional
8discharge, or supervision hearing.
9    (a-5) Based on the evidence presented, the court shall
10determine whether the participant has violated the conditions
11of the program and whether the participant should be dismissed
12from the program or whether, pursuant to the court's policies
13and procedures, some other alternative may be appropriate in
14the interests of the participant and the public.
15    (a-10) A participant may voluntarily withdraw from the
16mental health court program in accordance with the mental
17health court program's policies and procedures. Prior to
18allowing the participant to withdraw, the judge shall:
19        (1) ensure that the participant has the right to
20    consult with counsel prior to withdrawal;
21        (2) determine in open court that the withdrawal is
22    made voluntarily and knowingly; and
23        (3) admonish the participant in open court, as to the
24    consequences, actual or potential, which can result from
25    withdrawal.
26    Upon withdrawal, the criminal proceedings may be

 

 

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1reinstated against the participant or proceedings may be
2initiated under Section 5-6-4 of the Unified Code of
3Corrections for a violation of probation, conditional
4discharge, or supervision hearing.
5    (a-15) No participant may be dismissed from the program
6unless, prior to such dismissal, the participant is informed
7in writing: (i) of the reason or reasons for the dismissal;
8(ii) the evidentiary basis supporting the reason or reasons
9for the dismissal; (iii) that the participant has a right to a
10hearing at which he or she may present evidence supporting his
11or her continuation in the program.
12    (a-20) A participant who has not violated the conditions
13of the program in such a way as to warrant unsuccessful
14dismissal, but who is unable to complete program requirements
15to qualify for a successful discharge, may be terminated from
16the program as a neutral discharge.
17    (b) Upon successful completion of the terms and conditions
18of the program, the court may dismiss the original charges
19against the participant or successfully terminate the
20participant's sentence or otherwise discharge the participant
21from the program or from any further proceedings against the
22participant in the original prosecution.
23    (c) Upon successful completion of the terms and conditions
24of the program, any State's Attorney in the county of
25conviction, a participant, or defense attorney may move to
26vacate any convictions that are eligible for sealing under the

 

 

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1Criminal Identification Act. A participant may immediately
2file a petition to expunge vacated convictions and the
3associated underlying records pursuant to per the Criminal
4Identification Act, including filing a petition in advance of
5anticipated vacatur and dismissal. If the State's Attorney
6moves to vacate a conviction, the State's Attorney may not
7object to expungement of that conviction or the underlying
8record.
9    (d) The mental health court program may maintain or
10collaborate with a network of legal aid organizations that
11specialize in conviction relief to support participants
12navigating the expungement and sealing process.
13(Source: P.A. 102-1041, eff. 6-2-22.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".