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Full Text of HB3606  102nd General Assembly

HB3606 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3606

 

Introduced 2/22/2021, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2

    Amends the Criminal Identification Act. Provides that notwithstanding current law, objections to a petition to expunge or seal must be filed within 15 days in cases in which a petitioner has met all of eligibility requirements under the Act and has demonstrated employment. Provides that a hearing on the basis of an objection for such an eligible petitioner shall be held within 15 days. Effective January 1, 2022.


LRB102 03805 RLC 13818 b

 

 

A BILL FOR

 

HB3606LRB102 03805 RLC 13818 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement, sealing, and immediate sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered
15        by a legally constituted jury or by a court of
16        competent jurisdiction authorized to try the case
17        without a jury. An order of supervision successfully
18        completed by the petitioner is not a conviction. An
19        order of qualified probation (as defined in subsection
20        (a)(1)(J)) successfully completed by the petitioner is
21        not a conviction. An order of supervision or an order
22        of qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively
2        considered the "last sentence" regardless of whether
3        they were ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (G-5) "Minor Cannabis Offense" means a violation
9        of Section 4 or 5 of the Cannabis Control Act
10        concerning not more than 30 grams of any substance
11        containing cannabis, provided the violation did not
12        include a penalty enhancement under Section 7 of the
13        Cannabis Control Act and is not associated with an
14        arrest, conviction or other disposition for a violent
15        crime as defined in subsection (c) of Section 3 of the
16        Rights of Crime Victims and Witnesses Act.
17            (H) "Municipal ordinance violation" means an
18        offense defined by a municipal or local ordinance that
19        is criminal in nature and with which the petitioner
20        was charged or for which the petitioner was arrested
21        and released without charging.
22            (I) "Petitioner" means an adult or a minor
23        prosecuted as an adult who has applied for relief
24        under this Section.
25            (J) "Qualified probation" means an order of
26        probation under Section 10 of the Cannabis Control

 

 

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1        Act, Section 410 of the Illinois Controlled Substances
2        Act, Section 70 of the Methamphetamine Control and
3        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
4        of the Unified Code of Corrections, Section
5        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
6        those provisions existed before their deletion by
7        Public Act 89-313), Section 10-102 of the Illinois
8        Alcoholism and Other Drug Dependency Act, Section
9        40-10 of the Substance Use Disorder Act, or Section 10
10        of the Steroid Control Act. For the purpose of this
11        Section, "successful completion" of an order of
12        qualified probation under Section 10-102 of the
13        Illinois Alcoholism and Other Drug Dependency Act and
14        Section 40-10 of the Substance Use Disorder Act means
15        that the probation was terminated satisfactorily and
16        the judgment of conviction was vacated.
17            (K) "Seal" means to physically and electronically
18        maintain the records, unless the records would
19        otherwise be destroyed due to age, but to make the
20        records unavailable without a court order, subject to
21        the exceptions in Sections 12 and 13 of this Act. The
22        petitioner's name shall also be obliterated from the
23        official index required to be kept by the circuit
24        court clerk under Section 16 of the Clerks of Courts
25        Act, but any index issued by the circuit court clerk
26        before the entry of the order to seal shall not be

 

 

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1        affected.
2            (L) "Sexual offense committed against a minor"
3        includes, but is not limited to, the offenses of
4        indecent solicitation of a child or criminal sexual
5        abuse when the victim of such offense is under 18 years
6        of age.
7            (M) "Terminate" as it relates to a sentence or
8        order of supervision or qualified probation includes
9        either satisfactory or unsatisfactory termination of
10        the sentence, unless otherwise specified in this
11        Section. A sentence is terminated notwithstanding any
12        outstanding financial legal obligation.
13        (2) Minor Traffic Offenses. Orders of supervision or
14    convictions for minor traffic offenses shall not affect a
15    petitioner's eligibility to expunge or seal records
16    pursuant to this Section.
17        (2.5) Commencing 180 days after July 29, 2016 (the
18    effective date of Public Act 99-697), the law enforcement
19    agency issuing the citation shall automatically expunge,
20    on or before January 1 and July 1 of each year, the law
21    enforcement records of a person found to have committed a
22    civil law violation of subsection (a) of Section 4 of the
23    Cannabis Control Act or subsection (c) of Section 3.5 of
24    the Drug Paraphernalia Control Act in the law enforcement
25    agency's possession or control and which contains the
26    final satisfactory disposition which pertain to the person

 

 

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1    issued a citation for that offense. The law enforcement
2    agency shall provide by rule the process for access,
3    review, and to confirm the automatic expungement by the
4    law enforcement agency issuing the citation. Commencing
5    180 days after July 29, 2016 (the effective date of Public
6    Act 99-697), the clerk of the circuit court shall expunge,
7    upon order of the court, or in the absence of a court order
8    on or before January 1 and July 1 of each year, the court
9    records of a person found in the circuit court to have
10    committed a civil law violation of subsection (a) of
11    Section 4 of the Cannabis Control Act or subsection (c) of
12    Section 3.5 of the Drug Paraphernalia Control Act in the
13    clerk's possession or control and which contains the final
14    satisfactory disposition which pertain to the person
15    issued a citation for any of those offenses.
16        (3) Exclusions. Except as otherwise provided in
17    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
18    of this Section, the court shall not order:
19            (A) the sealing or expungement of the records of
20        arrests or charges not initiated by arrest that result
21        in an order of supervision for or conviction of: (i)
22        any sexual offense committed against a minor; (ii)
23        Section 11-501 of the Illinois Vehicle Code or a
24        similar provision of a local ordinance; or (iii)
25        Section 11-503 of the Illinois Vehicle Code or a
26        similar provision of a local ordinance, unless the

 

 

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1        arrest or charge is for a misdemeanor violation of
2        subsection (a) of Section 11-503 or a similar
3        provision of a local ordinance, that occurred prior to
4        the offender reaching the age of 25 years and the
5        offender has no other conviction for violating Section
6        11-501 or 11-503 of the Illinois Vehicle Code or a
7        similar provision of a local ordinance.
8            (B) the sealing or expungement of records of minor
9        traffic offenses (as defined in subsection (a)(1)(G)),
10        unless the petitioner was arrested and released
11        without charging.
12            (C) the sealing of the records of arrests or
13        charges not initiated by arrest which result in an
14        order of supervision or a conviction for the following
15        offenses:
16                (i) offenses included in Article 11 of the
17            Criminal Code of 1961 or the Criminal Code of 2012
18            or a similar provision of a local ordinance,
19            except Section 11-14 and a misdemeanor violation
20            of Section 11-30 of the Criminal Code of 1961 or
21            the Criminal Code of 2012, or a similar provision
22            of a local ordinance;
23                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
24            26-5, or 48-1 of the Criminal Code of 1961 or the
25            Criminal Code of 2012, or a similar provision of a
26            local ordinance;

 

 

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

 

 

HB3606- 10 -LRB102 03805 RLC 13818 b

1        (1.5) When a petitioner seeks to have a record of
2    arrest expunged under this Section, and the offender has
3    been convicted of a criminal offense, the State's Attorney
4    may object to the expungement on the grounds that the
5    records contain specific relevant information aside from
6    the mere fact of the arrest.
7        (2) Time frame for filing a petition to expunge.
8            (A) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an acquittal,
10        dismissal, the petitioner's release without charging,
11        or the reversal or vacation of a conviction, there is
12        no waiting period to petition for the expungement of
13        such records.
14            (B) When the arrest or charge not initiated by
15        arrest sought to be expunged resulted in an order of
16        supervision, successfully completed by the petitioner,
17        the following time frames will apply:
18                (i) Those arrests or charges that resulted in
19            orders of supervision under Section 3-707, 3-708,
20            3-710, or 5-401.3 of the Illinois Vehicle Code or
21            a similar provision of a local ordinance, or under
22            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
23            Code of 1961 or the Criminal Code of 2012, or a
24            similar provision of a local ordinance, shall not
25            be eligible for expungement until 5 years have
26            passed following the satisfactory termination of

 

 

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1            the supervision.
2                (i-5) Those arrests or charges that resulted
3            in orders of supervision for a misdemeanor
4            violation of subsection (a) of Section 11-503 of
5            the Illinois Vehicle Code or a similar provision
6            of a local ordinance, that occurred prior to the
7            offender reaching the age of 25 years and the
8            offender has no other conviction for violating
9            Section 11-501 or 11-503 of the Illinois Vehicle
10            Code or a similar provision of a local ordinance
11            shall not be eligible for expungement until the
12            petitioner has reached the age of 25 years.
13                (ii) Those arrests or charges that resulted in
14            orders of supervision for any other offenses shall
15            not be eligible for expungement until 2 years have
16            passed following the satisfactory termination of
17            the supervision.
18            (C) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an order of
20        qualified probation, successfully completed by the
21        petitioner, such records shall not be eligible for
22        expungement until 5 years have passed following the
23        satisfactory termination of the probation.
24        (3) Those records maintained by the Department for
25    persons arrested prior to their 17th birthday shall be
26    expunged as provided in Section 5-915 of the Juvenile

 

 

HB3606- 12 -LRB102 03805 RLC 13818 b

1    Court Act of 1987.
2        (4) Whenever a person has been arrested for or
3    convicted of any offense, in the name of a person whose
4    identity he or she has stolen or otherwise come into
5    possession of, the aggrieved person from whom the identity
6    was stolen or otherwise obtained without authorization,
7    upon learning of the person having been arrested using his
8    or her identity, may, upon verified petition to the chief
9    judge of the circuit wherein the arrest was made, have a
10    court order entered nunc pro tunc by the Chief Judge to
11    correct the arrest record, conviction record, if any, and
12    all official records of the arresting authority, the
13    Department, other criminal justice agencies, the
14    prosecutor, and the trial court concerning such arrest, if
15    any, by removing his or her name from all such records in
16    connection with the arrest and conviction, if any, and by
17    inserting in the records the name of the offender, if
18    known or ascertainable, in lieu of the aggrieved's name.
19    The records of the circuit court clerk shall be sealed
20    until further order of the court upon good cause shown and
21    the name of the aggrieved person obliterated on the
22    official index required to be kept by the circuit court
23    clerk under Section 16 of the Clerks of Courts Act, but the
24    order shall not affect any index issued by the circuit
25    court clerk before the entry of the order. Nothing in this
26    Section shall limit the Department of State Police or

 

 

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1    other criminal justice agencies or prosecutors from
2    listing under an offender's name the false names he or she
3    has used.
4        (5) Whenever a person has been convicted of criminal
5    sexual assault, aggravated criminal sexual assault,
6    predatory criminal sexual assault of a child, criminal
7    sexual abuse, or aggravated criminal sexual abuse, the
8    victim of that offense may request that the State's
9    Attorney of the county in which the conviction occurred
10    file a verified petition with the presiding trial judge at
11    the petitioner's trial to have a court order entered to
12    seal the records of the circuit court clerk in connection
13    with the proceedings of the trial court concerning that
14    offense. However, the records of the arresting authority
15    and the Department of State Police concerning the offense
16    shall not be sealed. The court, upon good cause shown,
17    shall make the records of the circuit court clerk in
18    connection with the proceedings of the trial court
19    concerning the offense available for public inspection.
20        (6) If a conviction has been set aside on direct
21    review or on collateral attack and the court determines by
22    clear and convincing evidence that the petitioner was
23    factually innocent of the charge, the court that finds the
24    petitioner factually innocent of the charge shall enter an
25    expungement order for the conviction for which the
26    petitioner has been determined to be innocent as provided

 

 

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1    in subsection (b) of Section 5-5-4 of the Unified Code of
2    Corrections.
3        (7) Nothing in this Section shall prevent the
4    Department of State Police from maintaining all records of
5    any person who is admitted to probation upon terms and
6    conditions and who fulfills those terms and conditions
7    pursuant to Section 10 of the Cannabis Control Act,
8    Section 410 of the Illinois Controlled Substances Act,
9    Section 70 of the Methamphetamine Control and Community
10    Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
11    Code of Corrections, Section 12-4.3 or subdivision (b)(1)
12    of Section 12-3.05 of the Criminal Code of 1961 or the
13    Criminal Code of 2012, Section 10-102 of the Illinois
14    Alcoholism and Other Drug Dependency Act, Section 40-10 of
15    the Substance Use Disorder Act, or Section 10 of the
16    Steroid Control Act.
17        (8) If the petitioner has been granted a certificate
18    of innocence under Section 2-702 of the Code of Civil
19    Procedure, the court that grants the certificate of
20    innocence shall also enter an order expunging the
21    conviction for which the petitioner has been determined to
22    be innocent as provided in subsection (h) of Section 2-702
23    of the Code of Civil Procedure.
24    (c) 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 of criminal records, this subsection
2    authorizes the sealing of criminal records of adults and
3    of minors prosecuted as adults. Subsection (g) of this
4    Section provides for immediate sealing of certain records.
5        (2) Eligible Records. The following records may be
6    sealed:
7            (A) All arrests resulting in release without
8        charging;
9            (B) Arrests or charges not initiated by arrest
10        resulting in acquittal, dismissal, or conviction when
11        the conviction was reversed or vacated, except as
12        excluded by subsection (a)(3)(B);
13            (C) Arrests or charges not initiated by arrest
14        resulting in orders of supervision, including orders
15        of supervision for municipal ordinance violations,
16        successfully completed by the petitioner, unless
17        excluded by subsection (a)(3);
18            (D) Arrests or charges not initiated by arrest
19        resulting in convictions, including convictions on
20        municipal ordinance violations, unless excluded by
21        subsection (a)(3);
22            (E) Arrests or charges not initiated by arrest
23        resulting in orders of first offender probation under
24        Section 10 of the Cannabis Control Act, Section 410 of
25        the Illinois Controlled Substances Act, Section 70 of
26        the Methamphetamine Control and Community Protection

 

 

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1        Act, or Section 5-6-3.3 of the Unified Code of
2        Corrections; and
3            (F) Arrests or charges not initiated by arrest
4        resulting in felony convictions unless otherwise
5        excluded by subsection (a) paragraph (3) of this
6        Section.
7        (3) When Records Are Eligible to Be Sealed. Records
8    identified as eligible under subsection (c)(2) may be
9    sealed as follows:
10            (A) Records identified as eligible under
11        subsection (c)(2)(A) and (c)(2)(B) may be sealed at
12        any time.
13            (B) Except as otherwise provided in subparagraph
14        (E) of this paragraph (3), records identified as
15        eligible under subsection (c)(2)(C) may be sealed 2
16        years after the termination of petitioner's last
17        sentence (as defined in subsection (a)(1)(F)).
18            (C) Except as otherwise provided in subparagraph
19        (E) of this paragraph (3), records identified as
20        eligible under subsections (c)(2)(D), (c)(2)(E), and
21        (c)(2)(F) may be sealed 3 years after the termination
22        of the petitioner's last sentence (as defined in
23        subsection (a)(1)(F)). Convictions requiring public
24        registration under the Arsonist Registration Act, the
25        Sex Offender Registration Act, or the Murderer and
26        Violent Offender Against Youth Registration Act may

 

 

HB3606- 17 -LRB102 03805 RLC 13818 b

1        not be sealed until the petitioner is no longer
2        required to register under that relevant Act.
3            (D) Records identified in subsection
4        (a)(3)(A)(iii) may be sealed after the petitioner has
5        reached the age of 25 years.
6            (E) Records identified as eligible under
7        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
8        (c)(2)(F) may be sealed upon termination of the
9        petitioner's last sentence if the petitioner earned a
10        high school diploma, associate's degree, career
11        certificate, vocational technical certification, or
12        bachelor's degree, or passed the high school level
13        Test of General Educational Development, during the
14        period of his or her sentence or mandatory supervised
15        release. This subparagraph shall apply only to a
16        petitioner who has not completed the same educational
17        goal prior to the period of his or her sentence or
18        mandatory supervised release. If a petition for
19        sealing eligible records filed under this subparagraph
20        is denied by the court, the time periods under
21        subparagraph (B) or (C) shall apply to any subsequent
22        petition for sealing filed by the petitioner.
23        (4) Subsequent felony convictions. A person may not
24    have subsequent felony conviction records sealed as
25    provided in this subsection (c) if he or she is convicted
26    of any felony offense after the date of the sealing of

 

 

HB3606- 18 -LRB102 03805 RLC 13818 b

1    prior felony convictions as provided in this subsection
2    (c). The court may, upon conviction for a subsequent
3    felony offense, order the unsealing of prior felony
4    conviction records previously ordered sealed by the court.
5        (5) Notice of eligibility for sealing. Upon entry of a
6    disposition for an eligible record under this subsection
7    (c), the petitioner shall be informed by the court of the
8    right to have the records sealed and the procedures for
9    the sealing of the records.
10    (d) Procedure. The following procedures apply to
11expungement under subsections (b), (e), and (e-6) and sealing
12under subsections (c) and (e-5):
13        (1) Filing the petition. Upon becoming eligible to
14    petition for the expungement or sealing of records under
15    this Section, the petitioner shall file a petition
16    requesting the expungement or sealing of records with the
17    clerk of the court where the arrests occurred or the
18    charges were brought, or both. If arrests occurred or
19    charges were brought in multiple jurisdictions, a petition
20    must be filed in each such jurisdiction. The petitioner
21    shall pay the applicable fee, except no fee shall be
22    required if the petitioner has obtained a court order
23    waiving fees under Supreme Court Rule 298 or it is
24    otherwise waived.
25        (1.5) County fee waiver pilot program. From August 9,
26    2019 (the effective date of Public Act 101-306) through

 

 

HB3606- 19 -LRB102 03805 RLC 13818 b

1    December 31, 2020, in a county of 3,000,000 or more
2    inhabitants, no fee shall be required to be paid by a
3    petitioner if the records sought to be expunged or sealed
4    were arrests resulting in release without charging or
5    arrests or charges not initiated by arrest resulting in
6    acquittal, dismissal, or conviction when the conviction
7    was reversed or vacated, unless excluded by subsection
8    (a)(3)(B). The provisions of this paragraph (1.5), other
9    than this sentence, are inoperative on and after January
10    1, 2022.
11        (2) Contents of petition. The petition shall be
12    verified and shall contain the petitioner's name, date of
13    birth, current address and, for each arrest or charge not
14    initiated by arrest sought to be sealed or expunged, the
15    case number, the date of arrest (if any), the identity of
16    the arresting authority, and such other information as the
17    court may require. During the pendency of the proceeding,
18    the petitioner shall promptly notify the circuit court
19    clerk of any change of his or her address. If the
20    petitioner has received a certificate of eligibility for
21    sealing from the Prisoner Review Board under paragraph
22    (10) of subsection (a) of Section 3-3-2 of the Unified
23    Code of Corrections, the certificate shall be attached to
24    the petition.
25        (3) Drug test. The petitioner must attach to the
26    petition proof that the petitioner has passed a test taken

 

 

HB3606- 20 -LRB102 03805 RLC 13818 b

1    within 30 days before the filing of the petition showing
2    the absence within his or her body of all illegal
3    substances as defined by the Illinois Controlled
4    Substances Act, the Methamphetamine Control and Community
5    Protection Act, and the Cannabis Control Act if he or she
6    is petitioning to:
7            (A) seal felony records under clause (c)(2)(E);
8            (B) seal felony records for a violation of the
9        Illinois Controlled Substances Act, the
10        Methamphetamine Control and Community Protection Act,
11        or the Cannabis Control Act under clause (c)(2)(F);
12            (C) seal felony records under subsection (e-5); or
13            (D) expunge felony records of a qualified
14        probation under clause (b)(1)(iv).
15        (4) Service of petition. The circuit court clerk shall
16    promptly serve a copy of the petition and documentation to
17    support the petition under subsection (e-5) or (e-6) on
18    the State's Attorney or prosecutor charged with the duty
19    of prosecuting the offense, the Department of State
20    Police, the arresting agency and the chief legal officer
21    of the unit of local government effecting the arrest.
22        (5) Objections.
23            (A) Any party entitled to notice of the petition
24        may file an objection to the petition. All objections
25        shall be in writing, shall be filed with the circuit
26        court clerk, and shall state with specificity the

 

 

HB3606- 21 -LRB102 03805 RLC 13818 b

1        basis of the objection. Whenever a person who has been
2        convicted of an offense is granted a pardon by the
3        Governor which specifically authorizes expungement, an
4        objection to the petition may not be filed.
5            (B) Objections to a petition to expunge or seal
6        must be filed within 60 days of the date of service of
7        the petition.
8            (C) Notwithstanding subdivision (B) of this
9        subsection (d), objections to a petition to expunge or
10        seal must be filed within 15 days in cases in which a
11        petitioner has met all of eligibility requirements
12        under this Section and has demonstrated employment. A
13        hearing on the basis of an objection for such an
14        eligible petitioner shall be held within 15 days.
15        (6) Entry of order.
16            (A) The Chief Judge of the circuit wherein the
17        charge was brought, any judge of that circuit
18        designated by the Chief Judge, or in counties of less
19        than 3,000,000 inhabitants, the presiding trial judge
20        at the petitioner's trial, if any, shall rule on the
21        petition to expunge or seal as set forth in this
22        subsection (d)(6).
23            (B) Unless the State's Attorney or prosecutor, the
24        Department of State Police, the arresting agency, or
25        the chief legal officer files an objection to the
26        petition to expunge or seal within 60 days from the

 

 

HB3606- 22 -LRB102 03805 RLC 13818 b

1        date of service of the petition, the court shall enter
2        an order granting or denying the petition.
3            (C) Notwithstanding any other provision of law,
4        the court shall not deny a petition for sealing under
5        this Section because the petitioner has not satisfied
6        an outstanding legal financial obligation established,
7        imposed, or originated by a court, law enforcement
8        agency, or a municipal, State, county, or other unit
9        of local government, including, but not limited to,
10        any cost, assessment, fine, or fee. An outstanding
11        legal financial obligation does not include any court
12        ordered restitution to a victim under Section 5-5-6 of
13        the Unified Code of Corrections, unless the
14        restitution has been converted to a civil judgment.
15        Nothing in this subparagraph (C) waives, rescinds, or
16        abrogates a legal financial obligation or otherwise
17        eliminates or affects the right of the holder of any
18        financial obligation to pursue collection under
19        applicable federal, State, or local law.
20        (7) Hearings. If an objection is filed, the court
21    shall set a date for a hearing and notify the petitioner
22    and all parties entitled to notice of the petition of the
23    hearing date at least 30 days prior to the hearing. Prior
24    to the hearing, the State's Attorney shall consult with
25    the Department as to the appropriateness of the relief
26    sought in the petition to expunge or seal. At the hearing,

 

 

HB3606- 23 -LRB102 03805 RLC 13818 b

1    the court shall hear evidence on whether the petition
2    should or should not be granted, and shall grant or deny
3    the petition to expunge or seal the records based on the
4    evidence presented at the hearing. The court may consider
5    the following:
6            (A) the strength of the evidence supporting the
7        defendant's conviction;
8            (B) the reasons for retention of the conviction
9        records by the State;
10            (C) the petitioner's age, criminal record history,
11        and employment history;
12            (D) the period of time between the petitioner's
13        arrest on the charge resulting in the conviction and
14        the filing of the petition under this Section; and
15            (E) the specific adverse consequences the
16        petitioner may be subject to if the petition is
17        denied.
18        (8) Service of order. After entering an order to
19    expunge or seal records, the court must provide copies of
20    the order to the Department, in a form and manner
21    prescribed by the Department, to the petitioner, to the
22    State's Attorney or prosecutor charged with the duty of
23    prosecuting the offense, to the arresting agency, to the
24    chief legal officer of the unit of local government
25    effecting the arrest, and to such other criminal justice
26    agencies as may be ordered by the court.

 

 

HB3606- 24 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 25 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 26 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 27 -LRB102 03805 RLC 13818 b

1                (iii) the records shall be impounded by the
2            Department within 60 days of the date of service
3            of the order as ordered by the court, unless a
4            motion to vacate, modify, or reconsider the order
5            is filed under paragraph (12) of subsection (d) of
6            this Section;
7                (iv) records impounded by the Department may
8            be disseminated by the Department only as required
9            by law or to the arresting authority, the State's
10            Attorney, and the court upon a later arrest for
11            the same or a similar offense or for the purpose of
12            sentencing for any subsequent felony, and to the
13            Department of Corrections upon conviction for any
14            offense; and
15                (v) in response to an inquiry for these
16            records from anyone not authorized by law to
17            access the records, the court, the Department, or
18            the agency receiving the inquiry shall reply as it
19            does in response to inquiries when no records ever
20            existed.
21            (C) Upon entry of an order to seal records under
22        subsection (c), the arresting agency, any other agency
23        as ordered by the court, the Department, and the court
24        shall seal the records (as defined in subsection
25        (a)(1)(K)). In response to an inquiry for such
26        records, from anyone not authorized by law to access

 

 

HB3606- 28 -LRB102 03805 RLC 13818 b

1        such records, the court, the Department, or the agency
2        receiving such inquiry shall reply as it does in
3        response to inquiries when no records ever existed.
4            (D) The Department shall send written notice to
5        the petitioner of its compliance with each order to
6        expunge or seal records within 60 days of the date of
7        service of that order or, if a motion to vacate,
8        modify, or reconsider is filed, within 60 days of
9        service of the order resolving the motion, if that
10        order requires the Department to expunge or seal
11        records. In the event of an appeal from the circuit
12        court order, the Department shall send written notice
13        to the petitioner of its compliance with an Appellate
14        Court or Supreme Court judgment to expunge or seal
15        records within 60 days of the issuance of the court's
16        mandate. The notice is not required while any motion
17        to vacate, modify, or reconsider, or any appeal or
18        petition for discretionary appellate review, is
19        pending.
20            (E) Upon motion, the court may order that a sealed
21        judgment or other court record necessary to
22        demonstrate the amount of any legal financial
23        obligation due and owing be made available for the
24        limited purpose of collecting any legal financial
25        obligations owed by the petitioner that were
26        established, imposed, or originated in the criminal

 

 

HB3606- 29 -LRB102 03805 RLC 13818 b

1        proceeding for which those records have been sealed.
2        The records made available under this subparagraph (E)
3        shall not be entered into the official index required
4        to be kept by the circuit court clerk under Section 16
5        of the Clerks of Courts Act and shall be immediately
6        re-impounded upon the collection of the outstanding
7        financial obligations.
8            (F) Notwithstanding any other provision of this
9        Section, a circuit court clerk may access a sealed
10        record for the limited purpose of collecting payment
11        for any legal financial obligations that were
12        established, imposed, or originated in the criminal
13        proceedings for which those records have been sealed.
14        (10) Fees. The Department may charge the petitioner a
15    fee equivalent to the cost of processing any order to
16    expunge or seal records. Notwithstanding any provision of
17    the Clerks of Courts Act to the contrary, the circuit
18    court clerk may charge a fee equivalent to the cost
19    associated with the sealing or expungement of records by
20    the circuit court clerk. From the total filing fee
21    collected for the petition to seal or expunge, the circuit
22    court clerk shall deposit $10 into the Circuit Court Clerk
23    Operation and Administrative Fund, to be used to offset
24    the costs incurred by the circuit court clerk in
25    performing the additional duties required to serve the
26    petition to seal or expunge on all parties. The circuit

 

 

HB3606- 30 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 31 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 32 -LRB102 03805 RLC 13818 b

1    2013 (the effective date of Public Act 98-163) and to all
2    orders ruling on a petition to expunge or seal on or after
3    August 5, 2013 (the effective date of Public Act 98-163).
4    (e) Whenever a person who has been convicted of an offense
5is granted a pardon by the Governor which specifically
6authorizes expungement, he or she may, upon verified petition
7to the Chief Judge of the circuit where the person had been
8convicted, any judge of the circuit designated by the Chief
9Judge, or in counties of less than 3,000,000 inhabitants, the
10presiding trial judge at the defendant's trial, have a court
11order entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Department be sealed until
14further order of the court upon good cause shown or as
15otherwise provided herein, and the name of the defendant
16obliterated from the official index requested to be kept by
17the circuit court clerk under Section 16 of the Clerks of
18Courts Act in connection with the arrest and conviction for
19the offense for which he or she had been pardoned but the order
20shall not affect any index issued by the circuit court clerk
21before the entry of the order. All records sealed by the
22Department may be disseminated by the Department only to the
23arresting authority, the State's Attorney, and the court upon
24a later arrest for the same or similar offense or for the
25purpose of sentencing for any subsequent felony. Upon
26conviction for any subsequent offense, the Department of

 

 

HB3606- 33 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 34 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 35 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 36 -LRB102 03805 RLC 13818 b

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

 

 

HB3606- 37 -LRB102 03805 RLC 13818 b

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

 

 

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

 

 

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

 

 

HB3606- 40 -LRB102 03805 RLC 13818 b

1    of his or her criminal record upon the completion of his or
2    her last sentence if his or her participation in the
3    underlying offense was a direct result of human
4    trafficking under Section 10-9 of the Criminal Code of
5    2012 or a severe form of trafficking under the federal
6    Trafficking Victims Protection Act.
7        (2) A petitioner under this subsection (h), in
8    addition to the requirements provided under paragraph (4)
9    of subsection (d) of this Section, shall include in his or
10    her petition a clear and concise statement that: (A) he or
11    she was a victim of human trafficking at the time of the
12    offense; and (B) that his or her participation in the
13    offense was a direct result of human trafficking under
14    Section 10-9 of the Criminal Code of 2012 or a severe form
15    of trafficking under the federal Trafficking Victims
16    Protection Act.
17        (3) If an objection is filed alleging that the
18    petitioner is not entitled to immediate sealing under this
19    subsection (h), the court shall conduct a hearing under
20    paragraph (7) of subsection (d) of this Section and the
21    court shall determine whether the petitioner is entitled
22    to immediate sealing under this subsection (h). A
23    petitioner is eligible for immediate relief under this
24    subsection (h) if he or she shows, by a preponderance of
25    the evidence, that: (A) he or she was a victim of human
26    trafficking at the time of the offense; and (B) that his or

 

 

HB3606- 41 -LRB102 03805 RLC 13818 b

1    her participation in the offense was a direct result of
2    human trafficking under Section 10-9 of the Criminal Code
3    of 2012 or a severe form of trafficking under the federal
4    Trafficking Victims Protection Act.
5    (i) Minor Cannabis Offenses under the Cannabis Control
6Act.
7        (1) Expungement of Arrest Records of Minor Cannabis
8    Offenses.
9            (A) The Department of State Police and all law
10        enforcement agencies within the State shall
11        automatically expunge all criminal history records of
12        an arrest, charge not initiated by arrest, order of
13        supervision, or order of qualified probation for a
14        Minor Cannabis Offense committed prior to June 25,
15        2019 (the effective date of Public Act 101-27) if:
16                (i) One year or more has elapsed since the
17            date of the arrest or law enforcement interaction
18            documented in the records; and
19                (ii) No criminal charges were filed relating
20            to the arrest or law enforcement interaction or
21            criminal charges were filed and subsequently
22            dismissed or vacated or the arrestee was
23            acquitted.
24            (B) If the law enforcement agency is unable to
25        verify satisfaction of condition (ii) in paragraph
26        (A), records that satisfy condition (i) in paragraph

 

 

HB3606- 42 -LRB102 03805 RLC 13818 b

1        (A) shall be automatically expunged.
2            (C) Records shall be expunged by the law
3        enforcement agency under the following timelines:
4                (i) Records created prior to June 25, 2019
5            (the effective date of Public Act 101-27), but on
6            or after January 1, 2013, shall be automatically
7            expunged prior to January 1, 2021;
8                (ii) Records created prior to January 1, 2013,
9            but on or after January 1, 2000, shall be
10            automatically expunged prior to January 1, 2023;
11                (iii) Records created prior to January 1, 2000
12            shall be automatically expunged prior to January
13            1, 2025.
14            In response to an inquiry for expunged records,
15        the law enforcement agency receiving such inquiry
16        shall reply as it does in response to inquiries when no
17        records ever existed; however, it shall provide a
18        certificate of disposition or confirmation that the
19        record was expunged to the individual whose record was
20        expunged if such a record exists.
21            (D) Nothing in this Section shall be construed to
22        restrict or modify an individual's right to have that
23        individual's records expunged except as otherwise may
24        be provided in this Act, or diminish or abrogate any
25        rights or remedies otherwise available to the
26        individual.

 

 

HB3606- 43 -LRB102 03805 RLC 13818 b

1        (2) Pardons Authorizing Expungement of Minor Cannabis
2    Offenses.
3            (A) Upon June 25, 2019 (the effective date of
4        Public Act 101-27), the Department of State Police
5        shall review all criminal history record information
6        and identify all records that meet all of the
7        following criteria:
8                (i) one or more convictions for a Minor
9            Cannabis Offense;
10                (ii) the conviction identified in paragraph
11            (2)(A)(i) did not include a penalty enhancement
12            under Section 7 of the Cannabis Control Act; and
13                (iii) the conviction identified in paragraph
14            (2)(A)(i) is not associated with a conviction for
15            a violent crime as defined in subsection (c) of
16            Section 3 of the Rights of Crime Victims and
17            Witnesses Act.
18            (B) Within 180 days after June 25, 2019 (the
19        effective date of Public Act 101-27), the Department
20        of State Police shall notify the Prisoner Review Board
21        of all such records that meet the criteria established
22        in paragraph (2)(A).
23                (i) The Prisoner Review Board shall notify the
24            State's Attorney of the county of conviction of
25            each record identified by State Police in
26            paragraph (2)(A) that is classified as a Class 4

 

 

HB3606- 44 -LRB102 03805 RLC 13818 b

1            felony. The State's Attorney may provide a written
2            objection to the Prisoner Review Board on the sole
3            basis that the record identified does not meet the
4            criteria established in paragraph (2)(A). Such an
5            objection must be filed within 60 days or by such
6            later date set by the Prisoner Review Board in the
7            notice after the State's Attorney received notice
8            from the Prisoner Review Board.
9                (ii) In response to a written objection from a
10            State's Attorney, the Prisoner Review Board is
11            authorized to conduct a non-public hearing to
12            evaluate the information provided in the
13            objection.
14                (iii) The Prisoner Review Board shall make a
15            confidential and privileged recommendation to the
16            Governor as to whether to grant a pardon
17            authorizing expungement for each of the records
18            identified by the Department of State Police as
19            described in paragraph (2)(A).
20            (C) If an individual has been granted a pardon
21        authorizing expungement as described in this Section,
22        the Prisoner Review Board, through the Attorney
23        General, shall file a petition for expungement with
24        the Chief Judge of the circuit or any judge of the
25        circuit designated by the Chief Judge where the
26        individual had been convicted. Such petition may

 

 

HB3606- 45 -LRB102 03805 RLC 13818 b

1        include more than one individual. Whenever an
2        individual who has been convicted of an offense is
3        granted a pardon by the Governor that specifically
4        authorizes expungement, an objection to the petition
5        may not be filed. Petitions to expunge under this
6        subsection (i) may include more than one individual.
7        Within 90 days of the filing of such a petition, the
8        court shall enter an order expunging the records of
9        arrest from the official records of the arresting
10        authority and order that the records of the circuit
11        court clerk and the Department of State Police be
12        expunged and the name of the defendant obliterated
13        from the official index requested to be kept by the
14        circuit court clerk under Section 16 of the Clerks of
15        Courts Act in connection with the arrest and
16        conviction for the offense for which the individual
17        had received a pardon but the order shall not affect
18        any index issued by the circuit court clerk before the
19        entry of the order. Upon entry of the order of
20        expungement, the circuit court clerk shall promptly
21        provide a copy of the order and a certificate of
22        disposition to the individual who was pardoned to the
23        individual's last known address or by electronic means
24        (if available) or otherwise make it available to the
25        individual upon request.
26            (D) Nothing in this Section is intended to

 

 

HB3606- 46 -LRB102 03805 RLC 13818 b

1        diminish or abrogate any rights or remedies otherwise
2        available to the individual.
3        (3) Any individual may file a motion to vacate and
4    expunge a conviction for a misdemeanor or Class 4 felony
5    violation of Section 4 or Section 5 of the Cannabis
6    Control Act. Motions to vacate and expunge under this
7    subsection (i) may be filed with the circuit court, Chief
8    Judge of a judicial circuit or any judge of the circuit
9    designated by the Chief Judge. The circuit court clerk
10    shall promptly serve a copy of the motion to vacate and
11    expunge, and any supporting documentation, on the State's
12    Attorney or prosecutor charged with the duty of
13    prosecuting the offense. When considering such a motion to
14    vacate and expunge, a court shall consider the following:
15    the reasons to retain the records provided by law
16    enforcement, the petitioner's age, the petitioner's age at
17    the time of offense, the time since the conviction, and
18    the specific adverse consequences if denied. An individual
19    may file such a petition after the completion of any
20    non-financial sentence or non-financial condition imposed
21    by the conviction. Within 60 days of the filing of such
22    motion, a State's Attorney may file an objection to such a
23    petition along with supporting evidence. If a motion to
24    vacate and expunge is granted, the records shall be
25    expunged in accordance with subparagraphs (d)(8) and
26    (d)(9)(A) of this Section. An agency providing civil legal

 

 

HB3606- 47 -LRB102 03805 RLC 13818 b

1    aid, as defined by Section 15 of the Public Interest
2    Attorney Assistance Act, assisting individuals seeking to
3    file a motion to vacate and expunge under this subsection
4    may file motions to vacate and expunge with the Chief
5    Judge of a judicial circuit or any judge of the circuit
6    designated by the Chief Judge, and the motion may include
7    more than one individual. Motions filed by an agency
8    providing civil legal aid concerning more than one
9    individual may be prepared, presented, and signed
10    electronically.
11        (4) Any State's Attorney may file a motion to vacate
12    and expunge a conviction for a misdemeanor or Class 4
13    felony 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, and may include more than
18    one individual. Motions filed by a State's Attorney
19    concerning more than one individual may be prepared,
20    presented, and signed electronically. When considering
21    such a motion to vacate and expunge, a court shall
22    consider the following: the reasons to retain the records
23    provided by law enforcement, the individual's age, the
24    individual's age at the time of offense, the time since
25    the conviction, and the specific adverse consequences if
26    denied. Upon entry of an order granting a motion to vacate

 

 

HB3606- 48 -LRB102 03805 RLC 13818 b

1    and expunge records pursuant to this Section, the State's
2    Attorney shall notify the Prisoner Review Board within 30
3    days. Upon entry of the order of expungement, the circuit
4    court clerk shall promptly provide a copy of the order and
5    a certificate of disposition to the individual whose
6    records will be expunged to the individual's last known
7    address or by electronic means (if available) or otherwise
8    make available to the individual upon request. If a motion
9    to vacate and expunge is granted, the records shall be
10    expunged in accordance with subparagraphs (d)(8) and
11    (d)(9)(A) of this Section.
12        (5) In the public interest, the State's Attorney of a
13    county has standing to file motions to vacate and expunge
14    pursuant to this Section in the circuit court with
15    jurisdiction over the underlying conviction.
16        (6) If a person is arrested for a Minor Cannabis
17    Offense as defined in this Section before June 25, 2019
18    (the effective date of Public Act 101-27) and the person's
19    case is still pending but a sentence has not been imposed,
20    the person may petition the court in which the charges are
21    pending for an order to summarily dismiss those charges
22    against him or her, and expunge all official records of
23    his or her arrest, plea, trial, conviction, incarceration,
24    supervision, or expungement. If the court determines, upon
25    review, that: (A) the person was arrested before June 25,
26    2019 (the effective date of Public Act 101-27) for an

 

 

HB3606- 49 -LRB102 03805 RLC 13818 b

1    offense that has been made eligible for expungement; (B)
2    the case is pending at the time; and (C) the person has not
3    been sentenced of the minor cannabis violation eligible
4    for expungement under this subsection, the court shall
5    consider the following: the reasons to retain the records
6    provided by law enforcement, the petitioner's age, the
7    petitioner's age at the time of offense, the time since
8    the conviction, and the specific adverse consequences if
9    denied. If a motion to dismiss and expunge is granted, the
10    records shall be expunged in accordance with subparagraph
11    (d)(9)(A) of this Section.
12        (7) A person imprisoned solely as a result of one or
13    more convictions for Minor Cannabis Offenses under this
14    subsection (i) shall be released from incarceration upon
15    the issuance of an order under this subsection.
16        (8) The Department of State Police shall allow a
17    person to use the access and review process, established
18    in the Department of State Police, for verifying that his
19    or her records relating to Minor Cannabis Offenses of the
20    Cannabis Control Act eligible under this Section have been
21    expunged.
22        (9) No conviction vacated pursuant to this Section
23    shall serve as the basis for damages for time unjustly
24    served as provided in the Court of Claims Act.
25        (10) Effect of Expungement. A person's right to
26    expunge an expungeable offense shall not be limited under

 

 

HB3606- 50 -LRB102 03805 RLC 13818 b

1    this Section. The effect of an order of expungement shall
2    be to restore the person to the status he or she occupied
3    before the arrest, charge, or conviction.
4        (11) Information. The Department of State Police shall
5    post general information on its website about the
6    expungement process described in this subsection (i).
7(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
8100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
98-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
10eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
11101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1212-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
 
13    Section 99. Effective date. This Act takes effect January
141, 2022.