HB6328ham001 99TH GENERAL ASSEMBLY

Rep. Arthur Turner

Filed: 3/28/2016

 

 


 

 


 
09900HB6328ham001LRB099 19187 RLC 46314 a

1
AMENDMENT TO HOUSE BILL 6328

2    AMENDMENT NO. ______. Amend House Bill 6328 by replacing
3everything after the enacting clause with the following:
 
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 and 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),

 

 

09900HB6328ham001- 2 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 3 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 4 -LRB099 19187 RLC 46314 a

1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

09900HB6328ham001- 5 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 6 -LRB099 19187 RLC 46314 a

1        includes but is not limited to the offenses of indecent
2        solicitation of a child or criminal sexual abuse when
3        the victim of such offense is under 18 years of age.
4            (M) "Terminate" as it relates to a sentence or
5        order of supervision or qualified probation includes
6        either satisfactory or unsatisfactory termination of
7        the sentence, unless otherwise specified in this
8        Section.
9        (2) Minor Traffic Offenses. Orders of supervision or
10    convictions for minor traffic offenses shall not affect a
11    petitioner's eligibility to expunge or seal records
12    pursuant to this Section.
13        (3) Exclusions. Except as otherwise provided in
14    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
15    of this Section, the court shall not order:
16            (A) the sealing or expungement of the records of
17        arrests or charges not initiated by arrest that result
18        in an order of supervision for or conviction of: (i)
19        any sexual offense committed against a minor; (ii)
20        Section 11-501 of the Illinois Vehicle Code or a
21        similar provision of a local ordinance; or (iii)
22        Section 11-503 of the Illinois Vehicle Code or a
23        similar provision of a local ordinance, unless the
24        arrest or charge is for a misdemeanor violation of
25        subsection (a) of Section 11-503 or a similar provision
26        of a local ordinance, that occurred prior to the

 

 

09900HB6328ham001- 7 -LRB099 19187 RLC 46314 a

1        offender reaching the age of 25 years and the offender
2        has no other conviction for violating Section 11-501 or
3        11-503 of the Illinois Vehicle Code or a similar
4        provision of a local ordinance.
5            (B) the sealing or expungement of records of minor
6        traffic offenses (as defined in subsection (a)(1)(G)),
7        unless the petitioner was arrested and released
8        without charging.
9            (C) the sealing of the records of arrests or
10        charges not initiated by arrest which result in an
11        order of supervision or a conviction for the following
12        offenses:
13                (i) offenses included in Article 11 of the
14            Criminal Code of 1961 or the Criminal Code of 2012
15            or a similar provision of a local ordinance, except
16            Section 11-14 of the Criminal Code of 1961 or the
17            Criminal Code of 2012, or a similar provision of a
18            local ordinance;
19                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
20            26-5, or 48-1 of the Criminal Code of 1961 or the
21            Criminal Code of 2012, or a similar provision of a
22            local ordinance;
23                (iii) Sections 12-3.1 or 12-3.2 of the
24            Criminal Code of 1961 or the Criminal Code of 2012,
25            or Section 125 of the Stalking No Contact Order
26            Act, or Section 219 of the Civil No Contact Order

 

 

09900HB6328ham001- 8 -LRB099 19187 RLC 46314 a

1            Act, or a similar provision of a local ordinance;
2                (iv) offenses which are Class A misdemeanors
3            under the Humane Care for Animals Act; or
4                (v) any offense or attempted offense that
5            would subject a person to registration under the
6            Sex Offender Registration Act.
7            (D) the sealing of the records of an arrest which
8        results in the petitioner being charged with a felony
9        offense or records of a charge not initiated by arrest
10        for a felony offense unless:
11                (i) the charge is amended to a misdemeanor and
12            is otherwise eligible to be sealed pursuant to
13            subsection (c);
14                (ii) the charge is brought along with another
15            charge as a part of one case and the charge results
16            in acquittal, dismissal, or conviction when the
17            conviction was reversed or vacated, and another
18            charge brought in the same case results in a
19            disposition for a misdemeanor offense that is
20            eligible to be sealed pursuant to subsection (c) or
21            a disposition listed in paragraph (i), (iii), or
22            (iv) of this subsection;
23                (iii) the charge results in first offender
24            probation as set forth in subsection (c)(2)(E);
25                (iv) the charge is for a felony offense listed
26            in subsection (c)(2)(F) or the charge is amended to

 

 

09900HB6328ham001- 9 -LRB099 19187 RLC 46314 a

1            a felony offense listed in subsection (c)(2)(F);
2                (v) the charge results in acquittal,
3            dismissal, or the petitioner's release without
4            conviction; or
5                (vi) the charge results in a conviction, but
6            the conviction was reversed or vacated.
7    (b) Expungement.
8        (1) A petitioner may petition the circuit court to
9    expunge the records of his or her arrests and charges not
10    initiated by arrest when each :
11            (A) He or she has never been convicted of a
12        criminal offense; and
13            (B) Each arrest or charge not initiated by arrest
14        sought to be expunged resulted in: (i) acquittal,
15        dismissal, or the petitioner's release without
16        charging, unless excluded by subsection (a)(3)(B);
17        (ii) a conviction which was vacated or reversed, unless
18        excluded by subsection (a)(3)(B); (iii) an order of
19        supervision and such supervision was successfully
20        completed by the petitioner, unless excluded by
21        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
22        qualified probation (as defined in subsection
23        (a)(1)(J)) and such probation was successfully
24        completed by the petitioner.
25        (2) Time frame for filing a petition to expunge.
26            (A) When the arrest or charge not initiated by

 

 

09900HB6328ham001- 10 -LRB099 19187 RLC 46314 a

1        arrest sought to be expunged resulted in an acquittal,
2        dismissal, the petitioner's release without charging,
3        or the reversal or vacation of a conviction, there is
4        no waiting period to petition for the expungement of
5        such records.
6            (B) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an order of
8        supervision, successfully completed by the petitioner,
9        the following time frames will apply:
10                (i) Those arrests or charges that resulted in
11            orders of supervision under Section 3-707, 3-708,
12            3-710, or 5-401.3 of the Illinois Vehicle Code or a
13            similar provision of a local ordinance, or under
14            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
15            Code of 1961 or the Criminal Code of 2012, or a
16            similar provision of a local ordinance, shall not
17            be eligible for expungement until 5 years have
18            passed following the satisfactory termination of
19            the supervision.
20                (i-5) Those arrests or charges that resulted
21            in orders of supervision for a misdemeanor
22            violation of subsection (a) of Section 11-503 of
23            the Illinois Vehicle Code or a similar provision of
24            a local ordinance, that occurred prior to the
25            offender reaching the age of 25 years and the
26            offender has no other conviction for violating

 

 

09900HB6328ham001- 11 -LRB099 19187 RLC 46314 a

1            Section 11-501 or 11-503 of the Illinois Vehicle
2            Code or a similar provision of a local ordinance
3            shall not be eligible for expungement until the
4            petitioner has reached the age of 25 years.
5                (ii) Those arrests or charges that resulted in
6            orders of supervision for any other offenses shall
7            not be eligible for expungement until 2 years have
8            passed following the satisfactory termination of
9            the supervision.
10            (C) When the arrest or charge not initiated by
11        arrest sought to be expunged resulted in an order of
12        qualified probation, successfully completed by the
13        petitioner, such records shall not be eligible for
14        expungement until 5 years have passed following the
15        satisfactory termination of the probation.
16        (3) Those records maintained by the Department for
17    persons arrested prior to their 17th birthday shall be
18    expunged as provided in Section 5-915 of the Juvenile Court
19    Act of 1987.
20        (4) Whenever a person has been arrested for or
21    convicted of any offense, in the name of a person whose
22    identity he or she has stolen or otherwise come into
23    possession of, the aggrieved person from whom the identity
24    was stolen or otherwise obtained without authorization,
25    upon learning of the person having been arrested using his
26    or her identity, may, upon verified petition to the chief

 

 

09900HB6328ham001- 12 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 13 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 14 -LRB099 19187 RLC 46314 a

1    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
2    Corrections, Section 12-4.3 or subdivision (b)(1) of
3    Section 12-3.05 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, Section 10-102 of the Illinois
5    Alcoholism and Other Drug Dependency Act, Section 40-10 of
6    the Alcoholism and Other Drug Abuse and Dependency Act, or
7    Section 10 of the Steroid Control Act.
8        (8) If the petitioner has been granted a certificate of
9    innocence under Section 2-702 of the Code of Civil
10    Procedure, the court that grants the certificate of
11    innocence shall also enter an order expunging the
12    conviction for which the petitioner has been determined to
13    be innocent as provided in subsection (h) of Section 2-702
14    of the Code of Civil Procedure.
15    (c) Sealing.
16        (1) Applicability. Notwithstanding any other provision
17    of this Act to the contrary, and cumulative with any rights
18    to expungement of criminal records, this subsection
19    authorizes the sealing of criminal records of adults and of
20    minors prosecuted as adults.
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

 

 

09900HB6328ham001- 15 -LRB099 19187 RLC 46314 a

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 for the following
21        offenses:
22                (i) Class 4 felony convictions for:
23                    Prostitution under Section 11-14 of the
24                Criminal Code of 1961 or the Criminal Code of
25                2012.
26                    Possession of cannabis under Section 4 of

 

 

09900HB6328ham001- 16 -LRB099 19187 RLC 46314 a

1                the Cannabis Control Act.
2                    Possession of a controlled substance under
3                Section 402 of the Illinois Controlled
4                Substances Act.
5                    Offenses under the Methamphetamine
6                Precursor Control Act.
7                    Offenses under the Steroid Control Act.
8                    Theft under Section 16-1 of the Criminal
9                Code of 1961 or the Criminal Code of 2012.
10                    Retail theft under Section 16A-3 or
11                paragraph (a) of 16-25 of the Criminal Code of
12                1961 or the Criminal Code of 2012.
13                    Deceptive practices under Section 17-1 of
14                the Criminal Code of 1961 or the Criminal Code
15                of 2012.
16                    Forgery under Section 17-3 of the Criminal
17                Code of 1961 or the Criminal Code of 2012.
18                    Possession of burglary tools under Section
19                19-2 of the Criminal Code of 1961 or the
20                Criminal Code of 2012.
21            (ii) Class 3 felony convictions for:
22                    Theft under Section 16-1 of the Criminal
23                Code of 1961 or the Criminal Code of 2012.
24                    Retail theft under Section 16A-3 or
25                paragraph (a) of 16-25 of the Criminal Code of
26                1961 or the Criminal Code of 2012.

 

 

09900HB6328ham001- 17 -LRB099 19187 RLC 46314 a

1                    Deceptive practices under Section 17-1 of
2                the Criminal Code of 1961 or the Criminal Code
3                of 2012.
4                    Forgery under Section 17-3 of the Criminal
5                Code of 1961 or the Criminal Code of 2012.
6                    Possession with intent to manufacture or
7                deliver a controlled substance under Section
8                401 of the Illinois Controlled Substances Act.
9        (3) When Records Are Eligible to Be Sealed. Records
10    identified as eligible under subsection (c)(2) may be
11    sealed as follows:
12            (A) Records identified as eligible under
13        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
14        time.
15            (B) Except as otherwise provided in subparagraph
16        (E) of this paragraph (3), records identified as
17        eligible under subsection (c)(2)(C) may be sealed 2
18        years after the termination of petitioner's last
19        sentence (as defined in subsection (a)(1)(F)).
20            (C) Except as otherwise provided in subparagraph
21        (E) of this paragraph (3), records identified as
22        eligible under subsections (c)(2)(D), (c)(2)(E), and
23        (c)(2)(F) may be sealed 3 years after the termination
24        of the petitioner's last sentence (as defined in
25        subsection (a)(1)(F)).
26            (D) Records identified in subsection

 

 

09900HB6328ham001- 18 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 19 -LRB099 19187 RLC 46314 a

1    offense, order the unsealing of prior felony conviction
2    records previously ordered sealed by the court.
3        (5) Notice of eligibility for sealing. Upon entry of a
4    disposition for an eligible record under this subsection
5    (c), the petitioner shall be informed by the court of the
6    right to have the records sealed and the procedures for the
7    sealing of the records.
8    (d) Procedure. The following procedures apply to
9expungement under subsections (b), (e), and (e-6) and sealing
10under subsections (c) and (e-5):
11        (1) Filing the petition. Upon becoming eligible to
12    petition for the expungement or sealing of records under
13    this Section, the petitioner shall file a petition
14    requesting the expungement or sealing of records with the
15    clerk of the court where the arrests occurred or the
16    charges were brought, or both. If arrests occurred or
17    charges were brought in multiple jurisdictions, a petition
18    must be filed in each such jurisdiction. The petitioner
19    shall pay the applicable fee, if not waived, except no fee
20    shall be required if the records sought to be expunged or
21    sealed were arrests resulting in release without charging
22    or arrests or charges not initiated by arrest resulting in
23    acquittal, dismissal, or conviction when the conviction
24    was reversed or vacated, except as excluded by subsection
25    (a)(3)(B).
26        (2) Contents of petition. The petition shall be

 

 

09900HB6328ham001- 20 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 21 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 22 -LRB099 19187 RLC 46314 a

1        than 3,000,000 inhabitants, the presiding trial judge
2        at the petitioner's trial, if any, shall rule on the
3        petition to expunge or seal as set forth in this
4        subsection (d)(6).
5            (B) Unless the State's Attorney or prosecutor, the
6        Department of State Police, the arresting agency, or
7        the chief legal officer files an objection to the
8        petition to expunge or seal within 60 days from the
9        date of service of the petition, the court shall enter
10        an order granting or denying the petition.
11        (7) Hearings. If an objection is filed, the court shall
12    set a date for a hearing and notify the petitioner and all
13    parties entitled to notice of the petition of the hearing
14    date at least 30 days prior to the hearing. Prior to the
15    hearing, the State's Attorney shall consult with the
16    Department as to the appropriateness of the relief sought
17    in the petition to expunge or seal. At the hearing, the
18    court shall hear evidence on whether the petition should or
19    should not be granted, and shall grant or deny the petition
20    to expunge or seal the records based on the evidence
21    presented at the hearing. The court may consider the
22    following:
23            (A) the strength of the evidence supporting the
24        defendant's conviction;
25            (B) the reasons for retention of the conviction
26        records by the State;

 

 

09900HB6328ham001- 23 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 24 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 25 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 26 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 27 -LRB099 19187 RLC 46314 a

1            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 records
6            from anyone not authorized by law to access the
7            records, the court, the Department, or the agency
8            receiving the inquiry shall reply as it does in
9            response to inquiries when no records ever
10            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 Department, and the court
14        shall seal the records (as defined in subsection
15        (a)(1)(K)). In response to an inquiry for such records,
16        from anyone not authorized by law to access such
17        records, the court, the Department, or the agency
18        receiving such inquiry shall reply as it does in
19        response to inquiries when no records ever existed.
20            (D) The Department shall send written notice to the
21        petitioner of its compliance with each order to expunge
22        or seal records within 60 days of the date of service
23        of that order or, if a motion to vacate, modify, or
24        reconsider is filed, within 60 days of service of the
25        order resolving the motion, if that order requires the
26        Department to expunge or seal records. In the event of

 

 

09900HB6328ham001- 28 -LRB099 19187 RLC 46314 a

1        an appeal from the circuit court order, the Department
2        shall send written notice to the petitioner of its
3        compliance with an Appellate Court or Supreme Court
4        judgment to expunge or seal records within 60 days of
5        the issuance of the court's mandate. The notice is not
6        required while any motion to vacate, modify, or
7        reconsider, or any appeal or petition for
8        discretionary appellate review, is pending.
9        (10) Fees. The Department may charge the petitioner a
10    fee equivalent to the cost of processing any order to
11    expunge or seal records. Notwithstanding any provision of
12    the Clerks of Courts Act to the contrary, the circuit court
13    clerk may charge a fee equivalent to the cost associated
14    with the sealing or expungement of records by the circuit
15    court clerk. From the total filing fee collected for the
16    petition to seal or expunge, the circuit court clerk shall
17    deposit $10 into the Circuit Court Clerk Operation and
18    Administrative Fund, to be used to offset the costs
19    incurred by the circuit court clerk in performing the
20    additional duties required to serve the petition to seal or
21    expunge on all parties. The circuit court clerk shall
22    collect and forward the Department of State Police portion
23    of the fee to the Department and it shall be deposited in
24    the State Police Services Fund.
25        (11) Final Order. No court order issued under the
26    expungement or sealing provisions of this Section shall

 

 

09900HB6328ham001- 29 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 30 -LRB099 19187 RLC 46314 a

1    granting a petition to seal, all parties entitled to notice
2    of the petition must fully comply with the terms of the
3    order within 60 days of service of the order even if a
4    party is seeking relief from the order through a motion
5    filed under paragraph (12) of this subsection (d) or is
6    appealing the order.
7        (15) Compliance with Order Granting Petition to
8    Expunge Records. While a party is seeking relief from the
9    order granting the petition to expunge through a motion
10    filed under paragraph (12) of this subsection (d) or is
11    appealing the order, and unless a court has entered a stay
12    of that order, the parties entitled to notice of the
13    petition must seal, but need not expunge, the records until
14    there is a final order on the motion for relief or, in the
15    case of an appeal, the issuance of that court's mandate.
16        (16) The changes to this subsection (d) made by Public
17    Act 98-163 apply to all petitions pending on August 5, 2013
18    (the effective date of Public Act 98-163) and to all orders
19    ruling on a petition to expunge or seal on or after August
20    5, 2013 (the effective date of Public Act 98-163).
21    (e) Whenever a person who has been convicted of an offense
22is granted a pardon by the Governor which specifically
23authorizes expungement, he or she may, upon verified petition
24to the Chief Judge of the circuit where the person had been
25convicted, any judge of the circuit designated by the Chief
26Judge, or in counties of less than 3,000,000 inhabitants, the

 

 

09900HB6328ham001- 31 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 32 -LRB099 19187 RLC 46314 a

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

 

 

09900HB6328ham001- 33 -LRB099 19187 RLC 46314 a

1offense is granted a certificate of eligibility for expungement
2by the Prisoner Review Board which specifically authorizes
3expungement, 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 expunging the record of arrest from the official
9records of the arresting authority and order that the records
10of the circuit court clerk and the Department be sealed until
11further order of the court upon good cause shown or as
12otherwise provided herein, and the name of the petitioner
13obliterated from the official index requested to be kept by the
14circuit court clerk under Section 16 of the Clerks of Courts
15Act in connection with the arrest and conviction for the
16offense for which he or she had been granted the certificate
17but the order shall not affect any index issued by the circuit
18court clerk before the entry of the order. All records sealed
19by the Department may be disseminated by the Department only as
20required by this Act or to the arresting authority, a law
21enforcement agency, the State's Attorney, and the court upon a
22later arrest for the same or similar offense or for the purpose
23of sentencing for any subsequent felony. Upon conviction for
24any subsequent offense, the Department of Corrections shall
25have access to all expunged records of the Department
26pertaining to that individual. Upon entry of the order of

 

 

09900HB6328ham001- 34 -LRB099 19187 RLC 46314 a

1expungement, the circuit court clerk shall promptly mail a copy
2of the order to the person who was granted the certificate of
3eligibility for expungement.
4    (f) Subject to available funding, the Illinois Department
5of Corrections shall conduct a study of the impact of sealing,
6especially on employment and recidivism rates, utilizing a
7random sample of those who apply for the sealing of their
8criminal records under Public Act 93-211. At the request of the
9Illinois Department of Corrections, records of the Illinois
10Department of Employment Security shall be utilized as
11appropriate to assist in the study. The study shall not
12disclose any data in a manner that would allow the
13identification of any particular individual or employing unit.
14The study shall be made available to the General Assembly no
15later than September 1, 2010.
16(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
17eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
18eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
1998-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
2099-385, eff. 1-1-16; revised 10-15-15.)".