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Full Text of HB5308  102nd General Assembly

HB5308 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5308

 

Introduced 1/31/2022, by Rep. Cyril Nichols

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5.2
110 ILCS 805/3-17.5 new

    Amends the Criminal Identification Act. Provides for expungement of minor cannabis offenses (as that term is defined in the Act) after receipt of a certified copy of a diploma issued by an Illinois community college by a law enforcement agency that issued a citation relating to a minor cannabis offense from a person who was convicted of the minor cannabis offense. Amends the Public Community College Act. Provides that a currently enrolled student at a community college who has provided the community college with documentation evidencing that the person was convicted of a minor cannabis offense that has not been expunged shall receive from the community college the following, as needed by the student: (1) a housing stipend of up to $1,000 per month; (2) health insurance that includes mental health care; and (3) prepaid access to local transit systems for transportation to and from the community college. Provides that the Board of Higher Education shall develop an application process for an applicant to a community college or a currently enrolled student to request such assistance.


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A BILL FOR

 

HB5308LRB102 23280 CMG 32445 b

1    AN ACT concerning criminal law.
 
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 following Sections of the
14        Unified Code of Corrections, 730 ILCS 5/5-1-2 through
15        5/5-1-22:
16                (i) Business Offense, Section 5-1-2. (730 ILCS
17            5/5-1-2),
18                (ii) Charge, Section 5-1-3. (730 ILCS
19            5/5-1-3),
20                (iii) Court, Section 5-1-6. (730 ILCS
21            5/5-1-6),
22                (iv) Defendant, Section 5-1-7. (730 ILCS
23            5/5-1-7),

 

 

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1                (v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
2                (vi) Imprisonment, Section 5-1-10. (730 ILCS
3            5/5-1-10),
4                (vii) Judgment, Section 5-1-12. (730 ILCS
5            5/5-1-12),
6                (viii) Misdemeanor, Section 5-1-14. (730 ILCS
7            5/5-1-14),
8                (ix) Offense, Section 5-1-15. (730 ILCS
9            5/5-1-15),
10                (x) Parole, Section 5-1-16. (730 ILCS
11            5/5-1-16),
12                (xi) Petty Offense, Section 5-1-17. (730 ILCS
13            5/5-1-17),
14                (xii) Probation, Section 5-1-18. (730 ILCS
15            5/5-1-18),
16                (xiii) Sentence, Section 5-1-19. (730 ILCS
17            5/5-1-19),
18                (xiv) Supervision, Section 5-1-21. (730 ILCS
19            5/5-1-21), and
20                (xv) Victim, Section 5-1-22. (730 ILCS
21            5/5-1-22).
22            (B) As used in this Section, "charge not initiated
23        by arrest" means a charge (as defined by Section 5-1-3
24        of the Unified Code of Corrections 730 ILCS 5/5-1-3)
25        brought against a defendant where the defendant is not
26        arrested prior to or as a direct result of the charge.

 

 

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1            (C) "Conviction" means a judgment of conviction or
2        sentence entered upon a plea of guilty or upon a
3        verdict or finding of guilty of an offense, rendered
4        by a legally constituted jury or by a court of
5        competent jurisdiction authorized to try the case
6        without a jury. An order of supervision successfully
7        completed by the petitioner is not a conviction. An
8        order of qualified probation (as defined in subsection
9        (a)(1)(J)) successfully completed by the petitioner is
10        not a conviction. An order of supervision or an order
11        of qualified probation that is terminated
12        unsatisfactorily is a conviction, unless the
13        unsatisfactory termination is reversed, vacated, or
14        modified and the judgment of conviction, if any, is
15        reversed or vacated.
16            (D) "Criminal offense" means a petty offense,
17        business offense, misdemeanor, felony, or municipal
18        ordinance violation (as defined in subsection
19        (a)(1)(H)). As used in this Section, a minor traffic
20        offense (as defined in subsection (a)(1)(G)) shall not
21        be considered a criminal offense.
22            (E) "Expunge" means to physically destroy the
23        records or return them to the petitioner and to
24        obliterate the petitioner's name from any official
25        index or public record, or both. Nothing in this Act
26        shall require the physical destruction of the circuit

 

 

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1        court file, but such records relating to arrests or
2        charges, or both, ordered expunged shall be impounded
3        as required by subsections (d)(9)(A)(ii) and
4        (d)(9)(B)(ii).
5            (F) As used in this Section, "last sentence" means
6        the sentence, order of supervision, or order of
7        qualified probation (as defined by subsection
8        (a)(1)(J)), for a criminal offense (as defined by
9        subsection (a)(1)(D)) that terminates last in time in
10        any jurisdiction, regardless of whether the petitioner
11        has included the criminal offense for which the
12        sentence or order of supervision or qualified
13        probation was imposed in his or her petition. If
14        multiple sentences, orders of supervision, or orders
15        of qualified probation terminate on the same day and
16        are last in time, they shall be collectively
17        considered the "last sentence" regardless of whether
18        they were ordered to run concurrently.
19            (G) "Minor traffic offense" means a petty offense,
20        business offense, or Class C misdemeanor under the
21        Illinois Vehicle Code or a similar provision of a
22        municipal or local ordinance.
23            (G-5) "Minor Cannabis Offense" means a violation
24        of Section 4 or 5 of the Cannabis Control Act
25        concerning not more than 30 grams of any substance
26        containing cannabis, provided the violation did not

 

 

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1        include a penalty enhancement under Section 7 of the
2        Cannabis Control Act and is not associated with an
3        arrest, conviction or other disposition for a violent
4        crime as defined in subsection (c) of Section 3 of the
5        Rights of Crime Victims and Witnesses Act.
6            (H) "Municipal ordinance violation" means an
7        offense defined by a municipal or local ordinance that
8        is criminal in nature and with which the petitioner
9        was charged or for which the petitioner was arrested
10        and released without charging.
11            (I) "Petitioner" means an adult or a minor
12        prosecuted as an adult who has applied for relief
13        under this Section.
14            (J) "Qualified probation" means an order of
15        probation under Section 10 of the Cannabis Control
16        Act, Section 410 of the Illinois Controlled Substances
17        Act, Section 70 of the Methamphetamine Control and
18        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
19        of the Unified Code of Corrections, Section
20        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
21        those provisions existed before their deletion by
22        Public Act 89-313), Section 10-102 of the Illinois
23        Alcoholism and Other Drug Dependency Act, Section
24        40-10 of the Substance Use Disorder Act, or Section 10
25        of the Steroid Control Act. For the purpose of this
26        Section, "successful completion" of an order of

 

 

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1        qualified probation under Section 10-102 of the
2        Illinois Alcoholism and Other Drug Dependency Act and
3        Section 40-10 of the Substance Use Disorder Act means
4        that the probation was terminated satisfactorily and
5        the judgment of conviction was vacated.
6            (K) "Seal" means to physically and electronically
7        maintain the records, unless the records would
8        otherwise be destroyed due to age, but to make the
9        records unavailable without a court order, subject to
10        the exceptions in Sections 12 and 13 of this Act. The
11        petitioner's name shall also be obliterated from the
12        official index required to be kept by the circuit
13        court clerk under Section 16 of the Clerks of Courts
14        Act, but any index issued by the circuit court clerk
15        before the entry of the order to seal shall not be
16        affected.
17            (L) "Sexual offense committed against a minor"
18        includes, but is not limited to, the offenses of
19        indecent solicitation of a child or criminal sexual
20        abuse when the victim of such offense is under 18 years
21        of age.
22            (M) "Terminate" as it relates to a sentence or
23        order of supervision or qualified probation includes
24        either satisfactory or unsatisfactory termination of
25        the sentence, unless otherwise specified in this
26        Section. A sentence is terminated notwithstanding any

 

 

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1        outstanding financial legal obligation.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (2.5) Commencing 180 days after July 29, 2016 (the
7    effective date of Public Act 99-697), the law enforcement
8    agency issuing the citation shall automatically expunge,
9    on or before January 1 and July 1 of each year, the law
10    enforcement records of a person found to have committed a
11    civil law violation of subsection (a) of Section 4 of the
12    Cannabis Control Act or subsection (c) of Section 3.5 of
13    the Drug Paraphernalia Control Act in the law enforcement
14    agency's possession or control and which contains the
15    final satisfactory disposition which pertain to the person
16    issued a citation for that offense. The law enforcement
17    agency shall provide by rule the process for access,
18    review, and to confirm the automatic expungement by the
19    law enforcement agency issuing the citation. Commencing
20    180 days after July 29, 2016 (the effective date of Public
21    Act 99-697), the clerk of the circuit court shall expunge,
22    upon order of the court, or in the absence of a court order
23    on or before January 1 and July 1 of each year, the court
24    records of a person found in the circuit court to have
25    committed a civil law violation of subsection (a) of
26    Section 4 of the Cannabis Control Act or subsection (c) of

 

 

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1    Section 3.5 of the Drug Paraphernalia Control Act in the
2    clerk's possession or control and which contains the final
3    satisfactory disposition which pertain to the person
4    issued a citation for any of those offenses.
5        (2.7) No later than 30 days after receipt of a
6    certified copy of a diploma issued by an Illinois
7    community college by a law enforcement agency that issued
8    a citation relating to a minor cannabis offense from a
9    person who was convicted of the minor cannabis offense,
10    the law enforcement agency shall expunge the records of
11    the person found to have committed such violation in the
12    law enforcement agency's possession or control and which
13    contains the final satisfactory disposition which pertain
14    to the person issued a citation for that offense. After
15    the expungement is complete, the law enforcement agency
16    shall notify the clerk of the circuit court, where the
17    criminal file relating to the person's conviction is kept,
18    that the expungement is complete. Each law enforcement
19    agency shall provide by rule the process for access,
20    review, and to confirm the expungement by the law
21    enforcement agency issuing the citation.
22        After receipt of a confirmation from a law enforcement
23    agency that expunged the records of a person under this
24    paragraph, the clerk of the circuit court shall expunge,
25    upon order of the court, or in the absence of a court order
26    on or before January 1 and July 1 of each year, the court

 

 

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1    records of a person related to the law enforcement file
2    that the law enforcement agency expunged under this
3    paragraph in the clerk's possession or control and which
4    contains the final satisfactory disposition which pertain
5    to the person issued a citation for any of those offenses.
6        (3) Exclusions. Except as otherwise provided in
7    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
8    of this Section, the court shall not order:
9            (A) the sealing or expungement of the records of
10        arrests or charges not initiated by arrest that result
11        in an order of supervision for or conviction of: (i)
12        any sexual offense committed against a minor; (ii)
13        Section 11-501 of the Illinois Vehicle Code or a
14        similar provision of a local ordinance; or (iii)
15        Section 11-503 of the Illinois Vehicle Code or a
16        similar provision of a local ordinance, unless the
17        arrest or charge is for a misdemeanor violation of
18        subsection (a) of Section 11-503 or a similar
19        provision of a local ordinance, that occurred prior to
20        the offender reaching the age of 25 years and the
21        offender has no other conviction for violating Section
22        11-501 or 11-503 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance.
24            (B) the sealing or expungement of records of minor
25        traffic offenses (as defined in subsection (a)(1)(G)),
26        unless the petitioner was arrested and released

 

 

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1        without charging.
2            (C) the sealing of the records of arrests or
3        charges not initiated by arrest which result in an
4        order of supervision or a conviction for the following
5        offenses:
6                (i) offenses included in Article 11 of the
7            Criminal Code of 1961 or the Criminal Code of 2012
8            or a similar provision of a local ordinance,
9            except Section 11-14 and a misdemeanor violation
10            of Section 11-30 of the Criminal Code of 1961 or
11            the Criminal Code of 2012, or a similar provision
12            of a local ordinance;
13                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
14            26-5, or 48-1 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, or a similar provision of a
16            local ordinance;
17                (iii) Sections 12-3.1 or 12-3.2 of the
18            Criminal Code of 1961 or the Criminal Code of
19            2012, or Section 125 of the Stalking No Contact
20            Order Act, or Section 219 of the Civil No Contact
21            Order Act, or a similar provision of a local
22            ordinance;
23                (iv) Class A misdemeanors or felony offenses
24            under the Humane Care for Animals Act; or
25                (v) any offense or attempted offense that
26            would subject a person to registration under the

 

 

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1            Sex Offender Registration Act.
2            (D) (blank).
3    (b) Expungement.
4        (1) A petitioner may petition the circuit court to
5    expunge the records of his or her arrests and charges not
6    initiated by arrest when each arrest or charge not
7    initiated by arrest sought to be expunged resulted in: (i)
8    acquittal, dismissal, or the petitioner's release without
9    charging, unless excluded by subsection (a)(3)(B); (ii) a
10    conviction which was vacated or reversed, unless excluded
11    by subsection (a)(3)(B); (iii) an order of supervision and
12    such supervision was successfully completed by the
13    petitioner, unless excluded by subsection (a)(3)(A) or
14    (a)(3)(B); or (iv) an order of qualified probation (as
15    defined in subsection (a)(1)(J)) and such probation was
16    successfully completed by the petitioner.
17        (1.5) When a petitioner seeks to have a record of
18    arrest expunged under this Section, and the offender has
19    been convicted of a criminal offense, the State's Attorney
20    may object to the expungement on the grounds that the
21    records contain specific relevant information aside from
22    the mere fact of the arrest.
23        (2) Time frame for filing a petition to expunge.
24            (A) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an acquittal,
26        dismissal, the petitioner's release without charging,

 

 

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

 

 

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

 

 

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

 

 

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1    the petitioner's trial to have a court order entered to
2    seal the records of the circuit court clerk in connection
3    with the proceedings of the trial court concerning that
4    offense. However, the records of the arresting authority
5    and the Illinois Department of State Police concerning the
6    offense shall not be sealed. The court, upon good cause
7    shown, shall make the records of the circuit court clerk
8    in connection with the proceedings of the trial court
9    concerning the offense available for public inspection.
10        (6) If a conviction has been set aside on direct
11    review or on collateral attack and the court determines by
12    clear and convincing evidence that the petitioner was
13    factually innocent of the charge, the court that finds the
14    petitioner factually innocent of the charge shall enter an
15    expungement order for the conviction for which the
16    petitioner has been determined to be innocent as provided
17    in subsection (b) of Section 5-5-4 of the Unified Code of
18    Corrections.
19        (7) Nothing in this Section shall prevent the Illinois
20    Department of State Police from maintaining all records of
21    any person who is admitted to probation upon terms and
22    conditions and who fulfills those terms and conditions
23    pursuant to Section 10 of the Cannabis Control Act,
24    Section 410 of the Illinois Controlled Substances Act,
25    Section 70 of the Methamphetamine Control and Community
26    Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1expungement under subsections (b), (e), and (e-6) and sealing
2under subsections (c) and (e-5):
3        (1) Filing the petition. Upon becoming eligible to
4    petition for the expungement or sealing of records under
5    this Section, the petitioner shall file a petition
6    requesting the expungement or sealing of records with the
7    clerk of the court where the arrests occurred or the
8    charges were brought, or both. If arrests occurred or
9    charges were brought in multiple jurisdictions, a petition
10    must be filed in each such jurisdiction. The petitioner
11    shall pay the applicable fee, except no fee shall be
12    required if the petitioner has obtained a court order
13    waiving fees under Supreme Court Rule 298 or it is
14    otherwise waived.
15        (1.5) County fee waiver pilot program. From August 9,
16    2019 (the effective date of Public Act 101-306) through
17    December 31, 2020, in a county of 3,000,000 or more
18    inhabitants, no fee shall be required to be paid by a
19    petitioner if the records sought to be expunged or sealed
20    were arrests resulting in release without charging or
21    arrests or charges not initiated by arrest resulting in
22    acquittal, dismissal, or conviction when the conviction
23    was reversed or vacated, unless excluded by subsection
24    (a)(3)(B). The provisions of this paragraph (1.5), other
25    than this sentence, are inoperative on and after January
26    1, 2022.

 

 

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

 

 

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

 

 

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

 

 

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1        eliminates or affects the right of the holder of any
2        financial obligation to pursue collection under
3        applicable federal, State, or local law.
4        (7) Hearings. If an objection is filed, the court
5    shall set a date for a hearing and notify the petitioner
6    and all parties entitled to notice of the petition of the
7    hearing date at least 30 days prior to the hearing. Prior
8    to the hearing, the State's Attorney shall consult with
9    the Illinois State Police Department as to the
10    appropriateness of the relief sought in the petition to
11    expunge or seal. At the hearing, the court shall hear
12    evidence on whether the petition should or should not be
13    granted, and shall grant or deny the petition to expunge
14    or seal the records based on the evidence presented at the
15    hearing. The court may consider the following:
16            (A) the strength of the evidence supporting the
17        defendant's conviction;
18            (B) the reasons for retention of the conviction
19        records by the State;
20            (C) the petitioner's age, criminal record history,
21        and employment history;
22            (D) the period of time between the petitioner's
23        arrest on the charge resulting in the conviction and
24        the filing of the petition under this Section; and
25            (E) the specific adverse consequences the
26        petitioner may be subject to if the petition is

 

 

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1        denied.
2        (8) Service of order. After entering an order to
3    expunge or seal records, the court must provide copies of
4    the order to the Illinois State Police Department, in a
5    form and manner prescribed by the Illinois State Police
6    Department, to the petitioner, to the State's Attorney or
7    prosecutor charged with the duty of prosecuting the
8    offense, to the arresting agency, to the chief legal
9    officer of the unit of local government effecting the
10    arrest, and to such other criminal justice agencies as may
11    be ordered by the court.
12        (9) Implementation of order.
13            (A) Upon entry of an order to expunge records
14        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
15        both:
16                (i) the records shall be expunged (as defined
17            in subsection (a)(1)(E)) by the arresting agency,
18            the Illinois State Police Department, and any
19            other agency as ordered by the court, within 60
20            days of the date of service of the order, unless a
21            motion to vacate, modify, or reconsider the order
22            is filed pursuant to paragraph (12) of subsection
23            (d) of this Section;
24                (ii) the records of the circuit court clerk
25            shall be impounded until further order of the
26            court upon good cause shown and the name of the

 

 

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

 

 

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

 

 

HB5308- 28 -LRB102 23280 CMG 32445 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 under 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            Illinois State Police Department within 60 days of
18            the date of service of the order as ordered by the
19            court, unless a motion to vacate, modify, or
20            reconsider the order is filed under paragraph (12)
21            of subsection (d) of this Section;
22                (iv) records impounded by the Illinois State
23            Police Department may be disseminated by the
24            Illinois State Police Department only as required
25            by law or to the arresting authority, the State's
26            Attorney, and the court upon a later arrest for

 

 

HB5308- 29 -LRB102 23280 CMG 32445 b

1            the same or a similar offense or for the purpose of
2            sentencing for any subsequent felony, and to the
3            Department of Corrections upon conviction for any
4            offense; and
5                (v) in response to an inquiry for these
6            records from anyone not authorized by law to
7            access the records, the court, the Illinois State
8            Police Department, or the agency receiving the
9            inquiry shall reply as it does in response to
10            inquiries when no records ever existed.
11            (C) Upon entry of an order to seal records under
12        subsection (c), the arresting agency, any other agency
13        as ordered by the court, the Illinois State Police
14        Department, and the court shall seal the records (as
15        defined in subsection (a)(1)(K)). In response to an
16        inquiry for such records, from anyone not authorized
17        by law to access such records, the court, the Illinois
18        State Police Department, or the agency receiving such
19        inquiry shall reply as it does in response to
20        inquiries when no records ever existed.
21            (D) The Illinois State Police Department shall
22        send written notice to the petitioner of its
23        compliance with each order to expunge or seal records
24        within 60 days of the date of service of that order or,
25        if a motion to vacate, modify, or reconsider is filed,
26        within 60 days of service of the order resolving the

 

 

HB5308- 30 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 31 -LRB102 23280 CMG 32445 b

1        Section, a circuit court clerk may access a sealed
2        record for the limited purpose of collecting payment
3        for any legal financial obligations that were
4        established, imposed, or originated in the criminal
5        proceedings for which those records have been sealed.
6        (10) Fees. The Illinois State Police Department may
7    charge the petitioner a fee equivalent to the cost of
8    processing any order to expunge or seal records.
9    Notwithstanding any provision of the Clerks of Courts Act
10    to the contrary, the circuit court clerk may charge a fee
11    equivalent to the cost associated with the sealing or
12    expungement of records by the circuit court clerk. From
13    the total filing fee collected for the petition to seal or
14    expunge, the circuit court clerk shall deposit $10 into
15    the Circuit Court Clerk Operation and Administrative Fund,
16    to be used to offset the costs incurred by the circuit
17    court clerk in performing the additional duties required
18    to serve the petition to seal or expunge on all parties.
19    The circuit court clerk shall collect and remit the
20    Illinois Department of State Police portion of the fee to
21    the State Treasurer and it shall be deposited in the State
22    Police Services Fund. If the record brought under an
23    expungement petition was previously sealed under this
24    Section, the fee for the expungement petition for that
25    same record shall be waived.
26        (11) Final Order. No court order issued under the

 

 

HB5308- 32 -LRB102 23280 CMG 32445 b

1    expungement or sealing provisions of this Section shall
2    become final for purposes of appeal until 30 days after
3    service of the order on the petitioner and all parties
4    entitled to notice of the petition.
5        (12) Motion to Vacate, Modify, or Reconsider. Under
6    Section 2-1203 of the Code of Civil Procedure, the
7    petitioner or any party entitled to notice may file a
8    motion to vacate, modify, or reconsider the order granting
9    or denying the petition to expunge or seal within 60 days
10    of service of the order. If filed more than 60 days after
11    service of the order, a petition to vacate, modify, or
12    reconsider shall comply with subsection (c) of Section
13    2-1401 of the Code of Civil Procedure. Upon filing of a
14    motion to vacate, modify, or reconsider, notice of the
15    motion shall be served upon the petitioner and all parties
16    entitled to notice of the petition.
17        (13) Effect of Order. An order granting a petition
18    under the expungement or sealing provisions of this
19    Section shall not be considered void because it fails to
20    comply with the provisions of this Section or because of
21    any error asserted in a motion to vacate, modify, or
22    reconsider. The circuit court retains jurisdiction to
23    determine whether the order is voidable and to vacate,
24    modify, or reconsider its terms based on a motion filed
25    under paragraph (12) of this subsection (d).
26        (14) Compliance with Order Granting Petition to Seal

 

 

HB5308- 33 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 34 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 35 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 36 -LRB102 23280 CMG 32445 b

1Department pertaining to that individual. Upon entry of the
2order of sealing, the circuit court clerk shall promptly mail
3a copy of the order to the person who was granted the
4certificate of eligibility for sealing.
5    (e-6) Whenever a person who has been convicted of an
6offense is granted a certificate of eligibility for
7expungement by the Prisoner Review Board which specifically
8authorizes expungement, he or she may, upon verified petition
9to the Chief Judge of the circuit where the person had been
10convicted, any judge of the circuit designated by the Chief
11Judge, or in counties of less than 3,000,000 inhabitants, the
12presiding trial judge at the petitioner's trial, have a court
13order entered expunging the record of arrest from the official
14records of the arresting authority and order that the records
15of the circuit court clerk and the Illinois State Police
16Department be sealed until further order of the court upon
17good cause shown or as otherwise provided herein, and the name
18of the petitioner obliterated from the official index
19requested to be kept by the circuit court clerk under Section
2016 of the Clerks of Courts Act in connection with the arrest
21and conviction for the offense for which he or she had been
22granted the certificate but the order shall not affect any
23index issued by the circuit court clerk before the entry of the
24order. All records sealed by the Illinois State Police
25Department may be disseminated by the Illinois State Police
26Department only as required by this Act or to the arresting

 

 

HB5308- 37 -LRB102 23280 CMG 32445 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB5308- 45 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 46 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 47 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 48 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 49 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 50 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 51 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 52 -LRB102 23280 CMG 32445 b

1    be to restore the person to the status he or she occupied
2    before the arrest, charge, or conviction.
3        (11) Information. The Illinois Department of State
4    Police shall post general information on its website about
5    the expungement process described in this subsection (i).
6    (j) Felony Prostitution Convictions.
7        (1) Any individual may file a motion to vacate and
8    expunge a conviction for a prior Class 4 felony violation
9    of prostitution. Motions to vacate and expunge under this
10    subsection (j) may be filed with the circuit court, Chief
11    Judge of a judicial circuit, or any judge of the circuit
12    designated by the Chief Judge. When considering the motion
13    to vacate and expunge, a court shall consider the
14    following:
15            (A) the reasons to retain the records provided by
16        law enforcement;
17            (B) the petitioner's age;
18            (C) the petitioner's age at the time of offense;
19        and
20            (D) the time since the conviction, and the
21        specific adverse consequences if denied. An individual
22        may file the petition after the completion of any
23        sentence or condition imposed by the conviction.
24        Within 60 days of the filing of the motion, a State's
25        Attorney may file an objection to the petition along
26        with supporting evidence. If a motion to vacate and

 

 

HB5308- 53 -LRB102 23280 CMG 32445 b

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

 

 

HB5308- 54 -LRB102 23280 CMG 32445 b

1    pursuant to this Section, the State's Attorney shall
2    notify the Prisoner Review Board within 30 days of the
3    filing. If a motion to vacate and expunge is granted, the
4    records shall be expunged in accordance with subparagraph
5    (d)(9)(A) of this Section.
6        (3) In the public interest, the State's Attorney of a
7    county has standing to file motions to vacate and expunge
8    pursuant to this Section in the circuit court with
9    jurisdiction over the underlying conviction.
10        (4) The Illinois State Police shall allow a person to
11    a use the access and review process, established in the
12    Illinois State Police, for verifying that his or her
13    records relating to felony prostitution eligible under
14    this Section have been expunged.
15        (5) No conviction vacated pursuant to this Section
16    shall serve as the basis for damages for time unjustly
17    served as provided in the Court of Claims Act.
18        (6) Effect of Expungement. A person's right to expunge
19    an expungeable offense shall not be limited under this
20    Section. The effect of an order of expungement shall be to
21    restore the person to the status he or she occupied before
22    the arrest, charge, or conviction.
23        (7) Information. The Illinois State Police shall post
24    general information on its website about the expungement
25    process described in this subsection (j).
26(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;

 

 

HB5308- 55 -LRB102 23280 CMG 32445 b

1101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
212-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
3102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
 
4    Section 10. The Public Community College Act is amended by
5adding Section 3-17.5 as follows:
 
6    (110 ILCS 805/3-17.5 new)
7    Sec. 3-17.5. Educational expenses for persons with minor
8cannabis offense.
9    (a) As used in this Section, "minor cannabis offense" has
10the meaning give to that term in Section 5.2 of the Criminal
11Identification Act.
12    (b) Notwithstanding any other provision of law, a
13currently enrolled student at a community college who has
14provided the community college with documentation evidencing
15that the person was convicted of a minor cannabis offense that
16has not been expunged shall receive from the community college
17the following, as needed by the student: (1) a housing stipend
18of up to $1,000 per month; (2) health insurance that includes
19mental health care; and (3) prepaid access to local transit
20systems for transportation to and from the community college.
21    (c) The Board of Higher Education shall develop an
22application process for an applicant to a community college or
23a currently enrolled student to request assistance under
24subsection (b).