Illinois General Assembly - Bill Status for HB2391

Amends the Criminal Identification Act. Provides that the arrest, conviction, and court records of a person who has been convicted of a misdemeanor shall be expunged and sealed automatically after completion of his or her sentence, if certain conditions apply. Provides that the arrest, conviction, and court records of a person convicted of a Class 4 felony, other than a sex crime or crime of violence, shall be automatically expunged after completion of the person's sentence, if certain conditions apply. Requires the State Appellate Defender to establish an expungement information program. Provides that upon the entry of an expungement order, the person, for purposes of the law, shall be considered not to have been previously convicted. Provides that the past conviction of a person who has been pardoned with respect to the conviction and the records relative to the arrest and underlying conduct cannot be considered by any private or public entity in employment matters, certification, licensing, revocation, registration, in determining good character, or any other matter, whether obtained through the official records of the arrest or obtained from other sources. Divulging an expunged record is a Class B misdemeanor.

Deletes all. Amends the Criminal Identification Act. Provides for the automatic sealing of arrest and conviction records for persons convicted of or placed on supervision for a misdemeanor or arrested without conviction 3 years after the completion of the defendant's sentence if the defendant does not have a criminal conviction or supervision within that 3 year period. Provides that law enforcement authorities may inspect the sealed records. Provides that records of persons convicted of or placed on supervision for DUI, a sex offense, a violation of an order of protection, or a crime of violence may not be sealed. Provides that the person whose records are sealed must pay a processing fee to the Department of State Police. Permits the State's Attorney to object to the sealing of the records. Provides for a hearing to determine whether the records should be sealed.

Deletes all. Reinserts the provisions of the engrossed bill. Eliminates provision that the keeper of arrest, conviction, or court records who knows that a record was expunged or sealed and knowingly divulges, uses, or publishes information concerning an expunged or sealed record is guilty of a Class B misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500, or both. Provides that the Department State Police portion of the fee for sealing records shall be deposited into the State Police Services Fund. Provides that the Chief Judge of the circuit in which the charge was brought may have the records sealed rather than also a judge designated by the Chief Judge, or in counties of less than 3,000,000, the presiding trial judge at the defendant's trial. Makes other changes.

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