Judiciary II - Criminal Law Committee
Filed: 3/22/2007
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 1831 




2
    AMENDMENT NO. ______. Amend House Bill 1831  by replacing  
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Criminal Identification Act is amended  by 
5
changing Section 5 and  by adding Section 6 as follows:
 



6
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)



7
    Sec. 5. Arrest reports; expungement. 

8
    (a) All policing bodies of this State shall furnish to the 
9
Department,
daily, in the form and detail the Department 
10
requires, fingerprints and
descriptions of all persons who are 
11
arrested on charges of violating any penal
statute of this 
12
State for offenses that are classified as felonies and Class
A 
13
or B misdemeanors and of all minors of the age of 10 and over 
14
who have been
arrested for an offense which would be a felony 
15
if committed by an adult, and
may forward such fingerprints and 
16
descriptions for minors arrested for Class A
or B misdemeanors.  
 


 






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Moving or nonmoving traffic violations under the Illinois

2
Vehicle Code shall not be reported except for violations of 
3
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
4
addition, conservation offenses,
as defined in the Supreme 
5
Court Rule 501(c), that are classified as Class B
misdemeanors 
6
shall not be reported.

7
    Whenever an adult or minor prosecuted as an adult,
not 
8
having previously been convicted of any criminal offense or 
9
municipal
ordinance violation, charged with a violation of a 
10
municipal ordinance or a
felony or misdemeanor, is acquitted or 
11
released without being convicted,
whether the acquittal or 
12
release occurred before, on, or after the
effective date of 
13
this amendatory Act of 1991, the Chief Judge of the circuit

14
wherein the charge was brought, any judge of that circuit 
15
designated by the
Chief Judge, or in counties of less than 
16
3,000,000 inhabitants, the presiding
trial judge at the 
17
defendant's trial may upon verified petition of the
defendant 
18
order the record of arrest expunged from the official records 
19
of the
arresting authority and the Department and order that 
20
the records of the clerk
of the circuit court be sealed until 
21
further order of the court upon good cause
shown and the name 
22
of the defendant obliterated on the official index required
to 
23
be kept by the circuit court clerk under Section 16 of the 
24
Clerks of Courts
Act, but the order shall not affect any index 
25
issued by the circuit court clerk
before the entry of the 
26
order.  The Department may charge the petitioner a fee

 


 






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equivalent to the cost of processing any order to expunge or 
2
seal the records,
and the fee shall be deposited into the State 
3
Police Services Fund.  The
records of those arrests, however, 
4
that result in a disposition of
supervision for any offense 
5
shall not be expunged from the records of the
arresting 
6
authority or the Department nor impounded by the court until 2 
7
years
after discharge and dismissal of supervision.  Those 
8
records
that result from a supervision for a violation of 
9
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
10
Vehicle Code or a similar provision
of a local ordinance, or 
11
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
12
Criminal Code of 1961, or probation under Section 10 of the 
13
Cannabis
Control Act, Section 410 of the Illinois Controlled 
14
Substances Act, Section 70 of the Methamphetamine Control and 
15
Community Protection Act, Section
12-4.3(b)(1) and (2) of the 
16
Criminal Code of 1961 (as those provisions
existed before their 
17
deletion by Public Act 89-313), Section 10-102 of the
Illinois 
18
Alcoholism and Other Drug Dependency Act when the judgment of

19
conviction has been vacated, Section 40-10 of the Alcoholism 
20
and Other Drug
Abuse and Dependency Act when the judgment of 
21
conviction has been vacated,
or Section 10 of the Steroid 
22
Control Act shall not be expunged from the records
of the 
23
arresting authority nor impounded by the court until 5 years 
24
after
termination of probation or supervision.  Those records 
25
that result from a
supervision for a violation of Section 
26
11-501 of the Illinois Vehicle Code or
a similar provision of a 
 


 






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local ordinance, shall not be expunged.  All records
set out 
2
above may be ordered by the court to be expunged from the 
3
records of
the arresting authority and impounded by the court 
4
after 5 years, but shall
not be expunged by the Department, but 
5
shall, on court order be sealed by the
Department and may be 
6
disseminated by the Department only as required by law or
to 
7
the arresting authority, the State's Attorney, and the court 
8
upon a later
arrest for the same or a similar offense or for 
9
the purpose of sentencing for
any subsequent felony.  Upon 
10
conviction for any offense, the Department of
Corrections shall 
11
have access to all sealed records of the Department
pertaining 
12
to that individual.

13
    (a-5) Those records maintained by the Department for 
14
persons arrested
prior to their 17th birthday shall be expunged 
15
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

16
    (b) Whenever a person has been convicted of a crime or of 
17
the violation of
a municipal ordinance, in the name of a person 
18
whose identity he has stolen
or otherwise come into possession 
19
of, the aggrieved person from whom the
identity was stolen or 
20
otherwise obtained without authorization, upon learning
of the 
21
person having been arrested using his identity, may, upon 
22
verified
petition to the chief judge of the circuit wherein the 
23
arrest was made,
have a court order entered nunc pro tunc by 
24
the chief judge to correct
the arrest record, conviction 
25
record, if any, and all official records of the
arresting 
26
authority, the Department, other criminal justice agencies, 
 


 






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the
prosecutor, and the trial court concerning such arrest, if 
2
any, by removing his
name from all such records in connection 
3
with the arrest and conviction, if
any, and by inserting in the 
4
records the name of the offender, if known or
ascertainable, in 
5
lieu of the aggrieved's name.  The records of the
clerk of
the 
6
circuit court clerk shall be sealed until further order of the 
7
court upon
good cause shown and the name of the aggrieved 
8
person obliterated on the
official index required to be kept by 
9
the circuit court clerk under Section 16
of the Clerks of 
10
Courts Act, but the order shall not affect any index issued by

11
the circuit court clerk before the entry of the order.  Nothing 
12
in this Section
shall limit the Department of State Police or 
13
other criminal justice agencies
or prosecutors from listing 
14
under an offender's name the false names he or she
has used.  
15
For purposes of this Section, convictions for moving and 
16
nonmoving
traffic violations other than convictions for 
17
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
18
the Illinois Vehicle Code shall not be a bar to
expunging the 
19
record of arrest and court records for
violation of a 
20
misdemeanor or municipal ordinance.

21
    (c) Whenever a person who has been convicted of an offense 
22
is granted
a pardon by the Governor which specifically 
23
authorizes expungement, he may,
upon verified petition to the 
24
chief judge of the circuit where the person had
been convicted, 
25
any judge of the circuit designated by the Chief Judge, or in

26
counties of less than 3,000,000 inhabitants, the presiding 
 


 






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trial judge at the
defendant's trial, may have a court order 
2
entered expunging the record of
arrest from the official 
3
records of the arresting authority and order that the
records 
4
of the clerk of the circuit court and the Department be sealed 
5
until
further order of the court upon good cause shown or as 
6
otherwise provided
herein, and the name of the defendant 
7
obliterated from the official index
requested to be kept by the 
8
circuit court clerk under Section 16 of the Clerks
of Courts 
9
Act in connection with the arrest and conviction for the 
10
offense for
which he had been pardoned but the order shall not 
11
affect any index issued by
the circuit court clerk before the 
12
entry of the order.  All records sealed by
the Department may be 
13
disseminated by the Department only as required by law or
to 
14
the arresting authority, the State's Attorney, and the court 
15
upon a later
arrest for the same or similar offense or for the 
16
purpose of sentencing for any
subsequent felony.  Upon 
17
conviction for any subsequent offense, the Department
of 
18
Corrections shall have access to all sealed records of the 
19
Department
pertaining to that individual.  Upon entry of the 
20
order of expungement, the
clerk of the circuit court shall 
21
promptly mail a copy of the order to the
person who was 
22
pardoned.

23
    (c-5) Whenever a person has been convicted of criminal 
24
sexual assault,
aggravated criminal sexual assault, predatory 
25
criminal sexual assault of a
child, criminal sexual abuse, or 
26
aggravated criminal sexual abuse, the victim
of that offense 
 


 






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may request that the State's Attorney of the county in which

2
the conviction occurred file a verified petition with the 
3
presiding trial judge
at the defendant's trial to have a court 
4
order entered to seal the records of
the clerk of the circuit 
5
court in connection with the proceedings of the trial
court 
6
concerning that offense.  However, the records of the arresting 
7
authority
and the Department of State Police concerning the 
8
offense shall not be
sealed.  The court, upon good cause shown, 
9
shall make the records of the clerk
of the circuit court in 
10
connection with the proceedings of the trial court
concerning 
11
the offense available for public inspection.

12
    (c-6) If a conviction has been set aside on direct review 
13
or on
collateral attack
and the court determines by clear and 
14
convincing evidence that the defendant
was factually innocent 
15
of
the charge, the court shall enter an expungement order as 
16
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
17
of Corrections.

18
    (d) Notice of the petition for subsections (a), (b), and 
19
(c) shall be
served upon the State's Attorney or prosecutor 
20
charged with the duty
of prosecuting the offense, the 
21
Department of State Police, the arresting
agency and the chief 
22
legal officer of the unit of local government
affecting the 
23
arrest.  Unless the State's Attorney or prosecutor, the

24
Department of State Police, the arresting agency or such chief 
25
legal officer
objects to the petition within 30 days from the 
26
date of the notice, the
court shall enter an order granting or 
 


 






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denying the petition. The clerk
of the court shall promptly 
2
mail a copy of the order to the person, the
arresting agency, 
3
the prosecutor, the Department of State Police and such
other 
4
criminal justice agencies as may be ordered by the judge.

5
    (e) Nothing herein shall prevent the Department of State 
6
Police from
maintaining all records of any person who is 
7
admitted to probation upon
terms and conditions and who 
8
fulfills those terms and conditions pursuant
to Section 10 of 
9
the Cannabis Control Act, Section 410 of the Illinois

10
Controlled Substances Act, Section 70 of the Methamphetamine 
11
Control and Community Protection Act, Section 12-4.3 of the 
12
Criminal Code
of 1961, Section 10-102 of the Illinois 
13
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the 
14
Alcoholism and Other Drug Abuse and
Dependency Act, or Section 
15
10 of the Steroid Control Act. 

16
    (f) No court order issued under the expungement provisions 
17
of this
Section shall become final for purposes of appeal until 
18
30 days after
notice is received by the Department.  Any court 
19
order contrary to the
provisions of this Section is void.

20
    (g) Except as otherwise provided in subsection (c-5) of 
21
this Section,
the court shall not order the sealing or 
22
expungement of the arrest
records and records of the circuit 
23
court clerk of any person granted
supervision for or convicted 
24
of any sexual offense committed against a minor
under 18 years 
25
of age.  For the purposes of this Section, "sexual offense

26
committed against a minor" includes but is not limited to the 
 


 






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offenses of
indecent solicitation of a child or criminal sexual 
2
abuse when the victim of
such offense is under 18 years of age.

3
    (h) (1) Applicability. Notwithstanding any other provision 
4
of this Act to the contrary and cumulative with any rights to 
5
expungement of criminal records, this subsection authorizes 
6
the  sealing of criminal records of adults and of minors 
7
prosecuted as adults.
8
    (2) Sealable offenses. The following offenses may be 
9
sealed:
10
        (A) All municipal ordinance violations and 
11
    misdemeanors, with the exception of the following:
12
            (i) violations of Section 11-501 of the Illinois 
13
        Vehicle Code or a similar provision of a local 
14
        ordinance;
15
            (ii) violations of Article 11 of the Criminal Code 
16
        of 1961 or a similar provision of a local ordinance, 
17
        except Section 11-14 of the Criminal Code of 1961 as 
18
        provided in clause B(i) of this subsection (h);
19
            (iii) violations of Section 12-15, 12-30, or 26-5 
20
        of the Criminal Code of 1961 or a similar provision of 
21
        a local ordinance;
22
            (iv) violations that are a crime of violence as 
23
        defined in Section 2 of the Crime Victims Compensation 
24
        Act or a similar provision of a local ordinance;
25
            (v) Class A misdemeanor violations of the Humane 
26
        Care for Animals Act; and
 


 






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            (vi) any offense or attempted offense that would 
2
        subject a person to registration under the Sex Offender 
3
        Registration Act.
4
        (B) Misdemeanor and Class 4 felony violations of:
5
            (i) Section 11-14 of the Criminal Code of 1961;
6
            (ii) Section 4 of the Cannabis Control Act;
7
            (iii) Section 402 of the Illinois Controlled 
8
        Substances Act; and
9
            (iv) Section 60 of the Methamphetamine Control and 
10
        Community Protection Act.
11
        However, for purposes of this subsection (h), a 
12
    sentence of first offender probation under Section 10 of 
13
    the Cannabis Control Act, Section 410 of the Illinois 
14
    Controlled Substances Act, or Section 70 of the 
15
    Methamphetamine Control and Community Protection Act shall 
16
    be treated as a Class 4 felony conviction.
17
    (3) Requirements for sealing. Records identified as 
18
sealable under clause (h) (2) may be sealed when the individual 
19
was:
20
        (A) Acquitted of the offense or offenses or released 
21
    without being convicted.
22
        (B) Convicted of the offense or offenses and the 
23
    conviction or convictions were reversed.
24
        (C) Placed on misdemeanor supervision for an offense or 
25
    offenses; and
26
            (i) at least 3 years have elapsed since the 
 


 






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        completion of the term of supervision, or terms of 
2
        supervision, if more than one term has been ordered; 
3
        and
4
            (ii)  the individual has not been convicted of a 
5
        felony or misdemeanor or placed on supervision for a 
6
        misdemeanor or felony during the period specified in 
7
        clause (i).
8
        (D) Convicted of an offense or offenses; and
9
            (i)   at least 4 years have elapsed since the last 
10
        such conviction or term of any sentence, probation, 
11
        parole, or supervision, if any, whichever is last in 
12
        time; and
13
            (ii)  the individual has not been convicted of a 
14
        felony or misdemeanor or placed on supervision for a 
15
        misdemeanor or felony during the period specified in 
16
        clause (i).
17
    (4) Requirements for sealing of records when more than one 
18
charge and disposition have been filed. When multiple offenses 
19
are petitioned to be sealed under this subsection (h), the 
20
requirements of the relevant provisions of clauses (h)(3)(A) 
21
through (D) each apply.  In instances in which more than one 
22
waiting period is applicable under clauses (h)(C)(i) and (ii) 
23
and (h)(D)(i) and (ii), the longer applicable period applies, 
24
and the requirements of clause (h) (3) shall be considered met 
25
when the petition is filed after the passage of the longer 
26
applicable waiting period. That period commences on the date of 
 


 






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the completion of the last sentence or the end of supervision, 
2
probation, or parole, whichever is last in time.
3
    (5) Subsequent convictions. A person may not have 
4
subsequent felony conviction records sealed as provided in this 
5
subsection (h) if he or she is convicted of any felony offense 
6
after the date of the sealing of prior felony records as 
7
provided in this subsection (h).
8
    (6) Notice of eligibility for sealing. Upon acquittal, 
9
release without conviction, or being  placed on supervision for 
10
a sealable offense, or upon conviction of a sealable offense, 
11
the person shall be informed by the court of the right to have 
12
the records sealed and the procedures for the sealing of the 
13
records.
14
    (7) Procedure.  Upon becoming eligible for the sealing of 
15
records under this subsection (h),  the person who seeks the 
16
sealing of his or her records shall file a petition requesting 
17
the sealing of records with the clerk of the court where the 
18
charge or charges were brought. The records may be sealed by 
19
the Chief Judge of the circuit wherein the charge was brought, 
20
any judge of that circuit designated by the Chief Judge, or in 
21
counties of less than 3,000,000 inhabitants, the presiding 
22
trial judge at the defendant's trial, if any. If charges were 
23
brought in multiple jurisdictions, a petition must be filed in 
24
each such jurisdiction. The petitioner shall pay the applicable 
25
fee, if not waived.
26
        (A) Contents of petition. The petition  shall contain 
 


 






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    the petitioner's name, date of birth, current address, each 
2
    charge, each case number, the date of each charge, the 
3
    identity of the arresting authority,  and such other 
4
    information as the court may require.   During the pendency 
5
    of the proceeding, the petitioner shall promptly notify the 
6
    clerk of the court of any change of address.
7
        (B) Drug test.  A person filing a petition to have his 
8
    or her records sealed for a Class 4 felony violation of 
9
    Section 4 of the Cannabis Control Act or for a Class 4 
10
    felony violation of Section 402 of the Illinois Controlled 
11
    Substances Act must attach to the petition proof that the 
12
    petitioner has passed a test taken within the previous 30 
13
    days before the filing of the petition showing the absence 
14
    within his or her body of all illegal substances in 
15
    violation of either the Illinois Controlled Substances Act 
16
    or the Cannabis Control Act.
17
        (C) Service of petition. The clerk shall promptly serve 
18
    a copy of the petition on the State's Attorney or 
19
    prosecutor charged with the duty of prosecuting the 
20
    offense, the Department of State Police, the arresting 
21
    agency and the chief legal officer of the unit of local 
22
    government effecting the arrest.
23
        (D) Entry of order.  Unless the State's Attorney or 
24
    prosecutor, the Department of State Police, the arresting 
25
    agency or such chief legal officer objects to sealing of 
26
    the records within 90 days of notice the court shall enter 
 


 






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    an order sealing the defendant's records.
2
        (E) Hearing upon objection.  If an objection is filed, 
3
    the court shall set a date for a hearing and notify the 
4
    petitioner and the parties on whom the petition had been 
5
    served, and shall hear evidence on whether the sealing of 
6
    the records should or should not be granted, and shall make 
7
    a determination on whether to issue an order to seal the 
8
    records based on the evidence presented at the hearing.
9
        (F) Service of order. After entering the order to seal 
10
    records, the court must provide copies of the order to the 
11
    Department, in a form and manner prescribed by the 
12
    Department, to the petitioner, to the State's Attorney or 
13
    prosecutor charged with the duty of prosecuting the 
14
    offense, to the arresting agency, to the chief legal 
15
    officer of the unit of local government effecting the 
16
    arrest, and to such other criminal justice agencies as may 
17
    be ordered by the court.
18
    (8) Fees. Notwithstanding any provision of the Clerk of the 
19
Courts Act to the contrary, and subject to the approval of the 
20
county board, the clerk may charge a fee equivalent to the cost 
21
associated with the sealing of records by the clerk and the 
22
Department of State Police. The clerk shall forward the 
23
Department of State Police portion of the fee to the Department 
24
and it shall be deposited into the State Police Services Fund.
25
    (i)  Subject to available funding, the Illinois Department 
26
of Corrections shall conduct a study of the impact of sealing, 
 


 






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1
especially on employment and recidivism rates, utilizing a 
2
random sample of those who apply for the sealing of their 
3
criminal records under Public Act 93-211, in accordance to 
4
rules adopted by the Department.  At the request of the Illinois 
5
Department of Corrections, records of the Illinois Department 
6
of Employment Security shall be utilized as appropriate to 
7
assist in the study. The study shall not disclose any data in a 
8
manner that would allow the identification of any particular 
9
individual or employing unit. The study shall be made available 
10
to the General Assembly no later than September 1, 2006.

11
(Source: P.A. 93-210, eff. 7-18-03; 93-211, eff. 1-1-04; 
12
93-1084, eff. 6-1-05; 94-556, eff. 9-11-05.)

 
13
    (20 ILCS 2630/6  new)
14
    Sec. 6. Expungement and sealing.
15
    (a) General provisions.
16
        (1) Definitions. In this Act, words and phrases have


17
    the meanings set forth in this Section, except when a


18
    particular context clearly requires a different meaning.
19
            "Conviction" means a finding of guilt resulting in 
20
        the entry of a judgment of conviction.  A sentence of 
21
        supervision successfully completed by the petitioner 
22
        is not a conviction.  A sentence of qualified probation 
23
        successfully completed by the petitioner is not a 
24
        conviction.  A sentence of supervision or a sentence of 
25
        qualified probation that is terminated 
 


 






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        unsatisfactorily is a conviction.
2
            "Expunge" means to physically destroy the records 
3
        or return them to the petitioner and to obliterate the 
4
        petitioner's name from any official index or public 
5
        record, or both.
6
            "Last sentence" means the sentence, including a 
7
        sentence of supervision or qualified probation, for a 
8
        municipal ordinance violation, misdemeanor (except 
9
        Class C misdemeanors as set forth in clause (a)(2)), or 
10
        felony that terminates last in time in any 
11
        jurisdiction, regardless of whether the petitioner has 
12
        included the municipal ordinance violation, 
13
        misdemeanor, or felony for which the sentence was 
14
        imposed in his or her petition or petitions.  If 
15
        multiple sentences for municipal ordinance violations, 
16
        misdemeanors, or felonies terminate on the same day and 
17
        are last in time, they shall be collectively considered 
18
        the "last sentence" regardless of whether the 
19
        sentences were ordered to run concurrently.
20
            "Petitioner" means an adult or a minor prosecuted 
21
        as an

adult.
22
            "Qualified probation" means a sentence of 
23
        probation under Section 10 of the Cannabis Control Act, 
24
        Section 410 of the Illinois Controlled Substances Act, 
25
        Section 70 of the Methamphetamine Control and 
26
        Community Protection Act, Section 12-4.3(b)(1) and (2) 
 


 






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1
        of the Criminal Code of 1961 (as those provisions 
2
        existed before their deletion by Public Act 89-313), 
3
        Section 10-102 of the Illinois Alcoholism and Other 
4
        Drug Dependency Act, Section 40-10 of the Alcoholism 
5
        and Other Drug Abuse and Dependency Act, or Section 10 
6
        of the Steroid Control Act.  For the purpose of this 
7
        Act, "successful completion" of a sentence of 
8
        qualified probation under Section 10-102 of the 
9
        Illinois Alcoholism and Other Drug Dependency Act and 
10
        Section 40-10 of the Alcoholism and Other Drug Abuse 
11
        and Dependency Act means that the probation was 
12
        terminated satisfactorily and the judgment of 
13
        conviction was vacated.
14
            "Records" means all documentation in the 
15
        possession or control of the Department, the court, or 
16
        any agency regarding any report or arrest. Such 
17
        documentation includes but shall not be limited to 
18
        incident reports, police reports, fingerprints, 
19
        booking photos, names, addresses, the records of the 
20
        circuit clerk and official indexes. Such documentation 
21
        does not include orders of protection.
22
            "Seal" means to physically and electronically 
23
        maintain the records, unless the records would 
24
        otherwise be destroyed due to age, but to make the 
25
        records unavailable without a court order, subject to 
26
        the exceptions in Sections 12 and 13 of this Act. The 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
        petitioner's name shall also be obliterated from the 
2
        official index required to be kept by the circuit court 
3
        clerk under Section 16 of the Clerks of Courts Act, but 
4
        any index issued by the circuit court clerk before the 
5
        entry of the order to seal shall not be affected.
6
            "Sexual offense committed against a minor" 
7
        includes but is

not limited to the offenses of indecent 
8
        solicitation of a child

or criminal sexual abuse when 
9
        the victim of such offense is

under 18 years of age.
10
            "Terminate" as it relates to a sentence includes 
11
        either satisfactory or unsatisfactory termination of 
12
        the sentence, unless otherwise specified in this 
13
        Section.
14
        (2) Effect of traffic offenses.  For purposes of this 
15
    Section, sentences of supervision or convictions for petty 
16
    offenses, business offenses, or Class C misdemeanors under 
17
    the Illinois Vehicle Code shall not affect a petitioner's 
18
    eligibility to expunge or seal municipal ordinance, 
19
    misdemeanor or felony records.
20
        (3) Exclusions.  Except as otherwise provided in clause 
21
    (b)(5) and subsection (e) of this Section, the court shall 
22
    not order the sealing or expungement of the arrest records 
23
    and records of the
circuit court clerk of any person 
24
    granted supervision for

or convicted of:
25
            (i) any sexual offense committed against a
minor; 
26
        or
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
            (ii) Section 11-501 of the Illinois Vehicle Code.
2
    (b) Expungement.
3
        (1) A petitioner may petition the circuit court to 
4
    expunge the
records of his or her arrests when:
5
            (A) he or she has never been convicted of any 
6
        municipal
    ordinance violation, misdemeanor or felony, 
7
        except as
    set forth in clause (a)(2); and
8
            (B) each arrest sought to be expunged resulted in:
9
                (i) acquittal, dismissal, or the petitioner's 
10
            release
                without  charging; or
11
                (ii) a sentence  of supervision and such 
12
            supervision was
                successfully completed by the 
13
            petitioner; or
14
                (iii) a sentence of qualified probation and 
15
            such
    probation was successfully completed by the 
16
            petitioner.
17
        (2) Time frame for filing a petition to expunge.
18
            (A) When the arrest sought to be expunged resulted

        
19
        in an acquittal, dismissal, or the petitioner's 
20
        release without

        charging, there is no waiting period to 
21
        petition for

        the expungement of such records.
22
            (B) When the arrest sought to be expunged resulted

        
23
        in a sentence of supervision, successfully completed 
24
        by

        the petitioner, the following time frames will 
25
        apply:
26
                (i) Those records that resulted in sentence of


 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
            supervision under Section 3-707, 3-708, 3-710, 
2
            5-401.3, or 11-503 of the Illinois Vehicle Code or 
3
            a similar provision of a local ordinance, or under 
4
            Section 12-3.2,12-15 or 16A-3 of the Criminal Code 
5
            of 1961, shall not be eligible for expungement 
6
            until 5 years have passed following the 
7
            satisfactory termination of the supervision.
8
                (ii) Those records that resulted in a sentence

            
9
            of supervision for any other offense shall not be

            
10
            eligible for expungement until 2 years have passed


11
            following the satisfactory termination of the 
12
            supervision.
13
            (C) When the arrest sought to be expunged resulted


14
        in a sentence of qualified probation, successfully 
15
        completed by the petitioner, such records shall not be 
16
        eligible
        for expungement until 5 years have passed 
17
        following the satisfactory

        termination of the 
18
        probation.
19
        (3) Those records maintained by the Department for

    
20
    persons arrested prior to their 17th birthday shall be

    
21
    expunged as provided in Section 5-915 of the Juvenile Court

    
22
    Act of 1987.
23
        (4) Whenever a person has been convicted of a crime or

    
24
    of the violation of a municipal ordinance, in the name of a

    
25
    person whose identity he has stolen or otherwise come into

    
26
    possession of, the aggrieved person from whom the identity

    
 


 






09500HB1831ham001
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1
    was stolen or otherwise obtained without authorization,

    
2
    upon learning of the person having been arrested using his

    
3
    identity, may, upon verified petition to the chief judge of

    
4
    the circuit wherein the arrest was made, have a court order

    
5
    entered nunc pro tunc by the chief judge to correct the

    
6
    arrest record, conviction record, if any, and all official

    
7
    records of the arresting authority, the Department, other

    
8
    criminal justice agencies, the prosecutor, and the trial

    
9
    court concerning such arrest, if any, by removing his name

    
10
    from all such records in connection with the arrest and

    
11
    conviction, if any, and by inserting in the records the

    
12
    name of the offender, if known or ascertainable, in lieu of

    
13
    the aggrieved's name. The records of the clerk of the

    
14
    circuit court clerk shall be sealed until further order of

    
15
    the court upon good cause shown and the name of the

    
16
    aggrieved person obliterated on the official index

    
17
    required to be kept by the circuit court clerk under

    
18
    Section 16 of the Clerks of Courts Act, but the order shall

    
19
    not affect any index issued by the circuit court clerk

    
20
    before the entry of the order. Nothing in this Section

    
21
    shall limit the Department of State Police or other

    
22
    criminal justice agencies or prosecutors from listing

    
23
    under an offender's name the false names he or she has

    
24
    used.
25
        (5) Whenever a person has been convicted of criminal

    
26
    sexual assault, aggravated criminal sexual assault,

    
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
    predatory criminal sexual assault of a child, criminal

    
2
    sexual abuse, or aggravated criminal sexual abuse, the

    
3
    victim of that offense may request that the State's

    
4
    Attorney of the county in which the conviction occurred

    
5
    file a verified petition with the presiding trial judge at

    
6
    the petitioner's trial to have a court order entered to 
7
    seal

    the records of the clerk of the circuit court in 
8
    connection

    with the proceedings of the trial court 
9
    concerning that

    offense. However, the records of the 
10
    arresting authority

    and the Department of State Police 
11
    concerning the offense

    shall not be sealed. The court, upon 
12
    good cause shown,

    shall make the records of the clerk of 
13
    the circuit court in

    connection with the proceedings of the 
14
    trial court

    concerning the offense available for public 
15
    inspection.
16
        (6) If a conviction has been set aside on direct review

    
17
    or on collateral attack and the court determines by clear

    
18
    and convincing evidence that the petitioner was factually

    
19
    innocent of the charge, the court shall enter an

    
20
    expungement order as provided in subsection (b) of Section

    
21
    5-5-4 of the Unified Code of Corrections.
22
        (7) Nothing herein shall prevent the Department of

    
23
    State Police from maintaining all records of any person who

    
24
    is admitted to probation upon terms and conditions and who

    
25
    fulfills those terms and conditions pursuant to Section 10

    
26
    of the Cannabis Control Act, Section 410 of the Illinois

    
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
    Controlled Substances Act, Section 70 of the

    
2
    Methamphetamine Control and Community Protection Act,

    
3
    Section 12-4.3 of the Criminal Code of 1961, Section 10-102

    
4
    of the Illinois Alcoholism and Other Drug Dependency Act,

    
5
    Section 40-10 of the Alcoholism and Other Drug Abuse and

    
6
    Dependency Act, or Section 10 of the Steroid Control Act.
7
    (c) Sealing.
8
        (1) Applicability. Notwithstanding any other provision 
9
    of this Act to the contrary, and cumulative with any rights 
10
    to expungement of criminal records, this subsection 
11
    authorizes the sealing of criminal records of adults and of 
12
    minors prosecuted as adults.
13
        (2) Eligible records. The following records may be 
14
    sealed:
15
            (A) All arrests resulting in acquittal, dismissal, 
16
        the petitioner's release without charging, or 
17
        conviction when the conviction was reversed.
18
            (B) Municipal ordinance violations, misdemeanors 
19
        or felonies resulting in sentences of supervision 
20
        successfully completed by the petitioner, with the 
21
        exception of the following:
22
                (i) Section 11-501 of the Illinois Vehicle 
23
            Code or a similar provision of a local ordinance;
24
                (ii) Article 11 of the Criminal Code of 1961 or 
25
            a similar provision of a local ordinance, except 
26
            Section 11-14 of the Criminal Code of 1961 or a 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
            similar provision of a local ordinance;
2
                (iii) Section 12-15, 12-30, or 26-5 of the 
3
            Criminal Code of 1961 or a similar provision of a 
4
            local ordinance;
5
                (iv) "Crimes of violence" as defined in 
6
            Section 2 of the Crime Victims Compensation Act or 
7
            a similar provision of a local ordinance;
8
                (v) Class A misdemeanors under the Humane Care 
9
            for Animals Act; or
10
                (vi) any offense or attempted offense that 
11
            would subject a person to registration under the 
12
            Sex Offender Registration Act.
13
            (C) Municipal ordinance convictions, misdemeanor 
14
        convictions, and misdemeanors or felonies of any class 
15
        resulting in a sentence of qualified probation 
16
        successfully completed by the petitioner, with the 
17
        exception of the following:
18
                (i) Section 11-501 of the Illinois Vehicle 
19
            Code or a similar provision of a local ordinance;
20
                (ii) Article 11 of the Criminal Code of 1961 or 
21
            a similar provision of a local ordinance, except 
22
            Section 11-14 of the Criminal Code of 1961 or a 
23
            similar provision of a local ordinance;
24
                (iii) Section 12-15, 12-30, or 26-5 of the 
25
            Criminal Code of 1961 or a similar provision of a 
26
            local ordinance;
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
                (iv) "Crimes of violence" as defined in 
2
            Section 2 of
the Crime Victims Compensation Act;
3
                (v) Class A misdemeanors under the Humane Care 
4
            for Animals Act; or
5
                (vi) any offense or attempted offense that 
6
            would subject a person to registration under the 
7
            Sex Offender Registration Act.
8
            (D) Class 4 felony convictions under Section 11-14 
9
        of the Criminal Code of 1961, Section 4 of the Cannabis 
10
        Control Act, Section 402 of the Illinois Controlled 
11
        Substances Act, Section 60 of the Methamphetamine 
12
        Control and Community Protection Act, the 
13
        Methamphetamine Precursor Control Act, and the Steroid 
14
        Control Act, regardless of the sentence imposed.
15
        (3) When records are eligible to be sealed. Records 
16
    identified as eligible under clause (c)(2) may be sealed as 
17
    follows:
18
            (A) Records identified as eligible under clause 
19
        (c)(2)(A) may be sealed at any time, regardless of 
20
        whether the petitioner has criminal records in any 
21
        jurisdiction that are eligible for sealing under this 
22
        subsection (c) but which have not been sealed, or 
23
        criminal records in any jurisdiction that are subject 
24
        to a waiting period as set forth in clauses (c)(3)(B) 
25
        and (c)(3)(C), or criminal records in any jurisdiction 
26
        that are ineligible for sealing.
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
            (B) Records identified as eligible under clause 
2
        (c)(2)(B)
 may be sealed 3 years after the termination 
3
        of petitioner's last sentence, as defined in 
4
        subsection (a), regardless of whether the petitioner 
5
        has criminal records in any jurisdiction that are 
6
        eligible for sealing under this subsection (c) but 
7
        which have not been sealed, or criminal records in any 
8
        jurisdiction that are subject to the waiting period as 
9
        set forth in clause (c)(3)(C), or criminal records in 
10
        any jurisdiction that are ineligible for sealing.
11
            (C) Records identified as eligible under clauses 
12
        (c)(2)(C) and (c)(2)(D) may be sealed 4 years after the 
13
        termination of the petitioner's last sentence, as 
14
        defined in subsection (a), regardless of whether the 
15
        petitioner has criminal records in any jurisdiction 
16
        that are eligible for sealing under this subsection (c) 
17
        but which have not been sealed, or criminal records in 
18
        any jurisdiction that are ineligible for sealing.
19
        (4) Subsequent felony convictions. A person may not 
20
    have

     subsequent felony conviction records sealed as

        
21
    provided in this subsection (c) if he or she is

        convicted 
22
    of any felony offense after the date of the

        sealing of 
23
    prior felony convictions as provided in this subsection 
24
    (c).
25
        (5) Notice of eligibility for sealing. Upon entry of a 
26
    disposition for an eligible record under this subsection 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
    (c), the petitioner shall be informed by the court of the 
2
    right to have the records sealed and the procedures for the 
3
    sealing of the records.
4
    (d) Procedure. The following procedures apply to 
5
expungement under subsection (b) and sealing under subsection 
6
(c).
7
        (1) Filing the petition.  Upon becoming eligible to 
8
    petition for
the expungement or sealing of records under 
9
    this Section, petitioner shall file a petition requesting 
10
    the expungement
or sealing of records with the clerk of the 
11
    court where the

charge or charges were brought. If charges 
12
    were brought in multiple jurisdictions, a petition must be 
13
    filed in each such
jurisdiction. The petitioner shall pay 
14
    the applicable fee, if

not waived.
15
        (2) Contents of petition. The petition shall be

    
16
    verified and shall contain the petitioner's name, date of

    
17
    birth, current address and, for each arrest sought to be

    
18
    sealed or expunged, the case number, the date of arrest,

    
19
    the identity of the arresting authority, and such other

    
20
    information as the court may require. During the pendency

    
21
    of the proceeding, the petitioner shall promptly notify the

    
22
    clerk of the court of any change of his or her address.
23
        (3) Drug test. A person filing a petition to have his


24
    or her records sealed for Class 4 felony violations of 
25
    Section 10 of the Cannabis Control Act, the Section 402 of 
26
    the Illinois Controlled  Substances Act, Section 60 of the 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
    Methamphetamine Control and Community Protection Act, the 
2
    Methamphetamine Precursor Control Act, or the Steroid 
3
    Control Act must attach to the petition proof that the 
4
    petitioner has passed a test taken within the previous 30 
5
    days before the filing of the petition showing the absence 
6
    within his or her body of all illegal substances as defined 
7
    by the Illinois Controlled Substances Act and the Cannabis 
8
    Control Act.
9
        (4) Service of petition. The clerk of the court shall 
10
    promptly
serve a copy of the petition on the State's 
11
    Attorney or
    prosecutor charged with the duty of prosecuting 
12
    the

    offense, the Department of State Police, the arresting

    
13
    agency and the chief legal officer of the unit of local

    
14
    government effecting the arrest.
15
        (5) Objections.
16
            (A) Any party entitled to notice of the petition 
17
        may file an objection to the petition.  All objections 
18
        shall be in writing and shall state with specificity 
19
        the basis of the objection.
20
            (B) The party objecting shall serve a copy of the 
21
        objection on the petitioner, or when the petitioner is 
22
        represented, the petitioner's attorney, and all 
23
        parties entitled to notice of the petition by first 
24
        class mail or hand delivery within 4 days of filing the 
25
        objection.
26
            (C) Objections to petitions to expunge must be 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
        filed within 30 days of the date of service of the 
2
        petition.  Objections to petitions to seal must be filed 
3
        within 90 days of the date of service of the petition.  
4
        Any objection not filed within the time allowed shall 
5
        be waived.
6
        (6) Entry of order.
7
            (A) The Chief Judge of the circuit wherein the 
8
        charge was brought, any judge of that circuit 
9
        designated by the Chief Judge, or in counties of less 
10
        than 3,000,000 inhabitants, the presiding trial judge 
11
        at the petitioner's trial, if any, shall rule on the 
12
        petition or petitions to expunge or seal as set forth 
13
        in this clause (d)(6).
14
            (B) Unless the State's Attorney or prosecutor, the

15
        Department of State Police, the arresting agency, or 
16
        the
chief legal officer files an objection to the 
17
        petition to expunge within 30 days from the date of 
18
        service of the petition, the court shall enter an order 
19
        granting or denying the petition.
20
            (C) Unless the State's Attorney or prosecutor, the

21
        Department of State Police, the arresting agency, or 
22
        the
chief legal officer objects to a petition to seal 
23
        within 90
days from the date of service of the 
24
        petition, the court shall enter an order sealing the 
25
        petitioner's records.
26
        (7) Hearings. If an objection is filed, the court shall 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
    set a date for a hearing and notify the petitioner and all 
2
    parties entitled to notice of the petition, and shall hear 
3
    evidence on whether the petition or petitions should or 
4
    should not be granted, and shall make a determination on 
5
    whether to expunge or seal the records based on the 
6
    evidence presented at the hearing.
7
        (8) Service of order. After entering an order to 
8
    expunge or
seal records, the court must provide copies of 
9
    the order to the
    Department, in a form and manner 
10
    prescribed by the Department,
  to the petitioner, to the 
11
    State's Attorney or prosecutor
  charged with the duty of 
12
    prosecuting the offense, to the
  arresting agency, to the 
13
    chief legal officer of the unit of
  local government 
14
    effecting the arrest, and to such other
  criminal justice 
15
    agencies as may be ordered by the court.
16
        (9) Effect of order.
17
            (A) Upon entry of an order to expunge records 
18
        pursuant to clause (b)(2)(A) or (b)(2)(B)(ii), or 
19
        both:
20
                (i) the records shall be expunged by the 
21
            arresting agency, the Department, and any other 
22
            agency as ordered by the court; and
23
                (ii) the records of the clerk of the circuit 
24
            court shall be impounded until further order of the 
25
            court upon good cause shown and the name of the 
26
            petitioner obliterated on the official index 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
            required to be kept by the circuit court clerk 
2
            under Section 16 of the Clerks of Courts Act, but 
3
            the order shall not affect any index issued by the 
4
            circuit court clerk before the entry of the order.
5
            In response to an inquiry for expunged records, the 
6
        court, the Department, or the agency receiving such 
7
        inquiry shall reply "No records found".
8
            (B) Upon entry of an order to expunge records 
9
        pursuant to clause (b)(2)(B)(i) or (b)(2)(C), or both:
10
                (i) the records shall be expunged by the 
11
            arresting agency and any other agency as ordered by 
12
            the court; and
13
                (ii) the records of the clerk of the circuit 
14
            court shall be impounded until further order of the 
15
            court upon good cause shown and the name of the 
16
            petitioner obliterated on the official index 
17
            required to be kept by the circuit court clerk 
18
            under Section 16 of the Clerks of Courts Act, but 
19
            the order shall not affect any index issued by the 
20
            circuit court clerk before the entry of the order; 
21
            and
22
                (iii) the records shall be impounded by the

23
            Department.
24
            Records impounded by the Department may be 
25
        disseminated by the Department only to the arresting 
26
        authority, the State's Attorney, and the court upon a 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
        later arrest for the same or a similar offense or for 
2
        the purpose of sentencing for any subsequent felony, 
3
        and to the Department of Corrections upon conviction 
4
        for any offense.
5
            In response to an inquiry for such records from 
6
        anyone not authorized by law to access such records the 
7
        court, the Department, or the agency receiving such 
8
        inquiry shall reply "No records found".
9
            (C) Upon entry of an order to seal records under 
10
        subsection
(c), the arresting agency, any other agency 
11
        as ordered by the court, the Department, and the court 
12
        shall seal the records, as defined in subsection (a). 
13
        In response to an inquiry for such records from anyone 
14
        not authorized by law to access such records the court, 
15
        the Department, or the agency receiving such inquiry 
16
        shall reply "No records found".
17
        (10) Fees. Notwithstanding any provision of the Clerks 
18
    of Courts Act to the contrary, and subject to the approval

    
19
    of the county board, the clerk may charge a fee equivalent

    
20
    to the cost associated with the sealing of records by the

    
21
    clerk and the Department of State Police. The clerk shall

    
22
    forward the Department of State Police portion of the fee

    
23
    to the Department and it shall be deposited into the State

    
24
    Police Services Fund.
25
        (11) Appeal. No court order issued under the 
26
    expungement

    or sealing provisions of this Section shall 
 


 






09500HB1831ham001
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LRB095 09795 RLC 34295 a




1
    become final

    for purposes of appeal until 30 days after 
2
    service of the order on the
  petitioner and all parties 
3
    entitled to notice of the petition.
4
        (12) Motion to Vacate, Modify, or Reconsider. The 
5
    petitioner or any party entitled to notice may file a 
6
    motion to vacate, modify, or reconsider the order granting 
7
    or denying the petition or petitions to expunge or seal 
8
    within 30 days of service of the order.
9
    (e) Expungement after pardon. Whenever a person who has 
10
been convicted of an offense is granted a pardon by the 
11
Governor which
    specifically authorizes expungement, he or she 
12
may, upon verified

    petition to the chief judge of the circuit 
13
where the he or she

    had been convicted, any judge of the 
14
circuit designated by

    the Chief Judge, or in counties of less 
15
than 3,000,000

    inhabitants, the presiding trial judge at his or 
16
her

    trial, have an order entered expunging the record

    of the 
17
arrest or arrests from the official records of the arresting

    
18
authority and ordering that the records of the clerk of the

    
19
circuit court and the Department be impounded until further

    
20
order of the court upon good cause shown or as otherwise


21
provided in this subsection (e), and the name of the petitioner 
22
obliterated from the official index requested to be kept by the 
23
circuit court clerk under Section 16 of the Clerks of Courts 
24
Act in
    connection with the arrest and sentence for the offense 
25
or offenses

    for which he or she had been pardoned but the order 
26
shall not  affect
  any index issued by the circuit court clerk 
 


 






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LRB095 09795 RLC 34295 a




1
before the entry of the
  order. All records impounded by the 
2
Department pursuant to this
  subsection (e) may be disseminated 
3
by the Department only to the
  arresting authority, the State's 
4
Attorney, and the court upon a later
  arrest for the same or 
5
similar offense or for the purpose of
  sentencing for any  
6
subsequent felony. Upon conviction for any
  subsequent offense, 
7
the Department of Corrections shall have access
  to all 
8
impounded records of the Department pertaining to that
  
9
individual. Upon entry of the order of expungement, the clerk 
10
of the
  circuit court shall promptly mail a copy of the order to 
11
the person
  who was pardoned.
12
    (f) Subject to available funding, the Illinois Department


13
of Corrections shall conduct a study of the impact of sealing,


14
especially on employment and recidivism rates, utilizing a


15
random sample of those who apply for the sealing of their


16
criminal records under Public Act 93-211, in accordance to


17
rules adopted by the Department. At the request of the Illinois


18
Department of Corrections, records of the Illinois Department


19
of Employment Security shall be utilized as appropriate to


20
assist in the study. The study shall not disclose any data in a


21
manner that would allow the identification of any particular


22
individual or employing unit. The study shall be made available


23
to the General Assembly no later than September 1, 2008.".