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Full Text of HB0183  100th General Assembly

HB0183ham001 100TH GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 3/27/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 183

2    AMENDMENT NO. ______. Amend House Bill 183 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),

 

 

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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))

 

 

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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

 

 

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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

 

 

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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"

 

 

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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        (2.5) Commencing 180 days after July 29, 2016 (the
14    effective date of Public Act 99-697) this amendatory Act of
15    the 99th General Assembly, the law enforcement agency
16    issuing the citation shall automatically expunge, on or
17    before January 1 and July 1 of each year, the law
18    enforcement records of a person found to have committed a
19    civil law violation of subsection (a) of Section 4 of the
20    Cannabis Control Act or subsection (c) of Section 3.5 of
21    the Drug Paraphernalia Control Act in the law enforcement
22    agency's possession or control and which contains the final
23    satisfactory disposition which pertain to the person
24    issued a citation for that offense. The law enforcement
25    agency shall provide by rule the process for access,
26    review, and to confirm the automatic expungement by the law

 

 

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

 

 

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

 

 

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1            Act, or Section 219 of the Civil No Contact Order
2            Act, or a similar provision of a local ordinance;
3                (iv) offenses which are Class A misdemeanors
4            under the Humane Care for Animals Act; or
5                (v) any offense or attempted offense that
6            would subject a person to registration under the
7            Sex Offender Registration Act.
8            (D) the sealing of the records of an arrest which
9        results in the petitioner being charged with a felony
10        offense or records of a charge not initiated by arrest
11        for a felony offense unless:
12                (i) the charge is amended to a misdemeanor and
13            is otherwise eligible to be sealed pursuant to
14            subsection (c);
15                (ii) the charge is brought along with another
16            charge as a part of one case and the charge results
17            in acquittal, dismissal, or conviction when the
18            conviction was reversed or vacated, and another
19            charge brought in the same case results in a
20            disposition for a misdemeanor offense that is
21            eligible to be sealed pursuant to subsection (c) or
22            a disposition listed in paragraph (i), (iii), or
23            (iv) of this subsection;
24                (iii) the charge results in first offender
25            probation as set forth in subsection (c)(2)(E);
26                (iv) the charge is for a felony offense listed

 

 

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

 

 

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

 

 

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1            a local ordinance, that occurred prior to the
2            offender reaching the age of 25 years and the
3            offender has no other conviction for violating
4            Section 11-501 or 11-503 of the Illinois Vehicle
5            Code or a similar provision of a local ordinance
6            shall not be eligible for expungement until the
7            petitioner has reached the age of 25 years.
8                (ii) Those arrests or charges that resulted in
9            orders of supervision for any other offenses shall
10            not be eligible for expungement until 2 years have
11            passed following the satisfactory termination of
12            the supervision.
13            (C) When the arrest or charge not initiated by
14        arrest sought to be expunged resulted in an order of
15        qualified probation, successfully completed by the
16        petitioner, such records shall not be eligible for
17        expungement until 5 years have passed following the
18        satisfactory termination of the probation.
19        (3) Those records maintained by the Department for
20    persons arrested prior to their 17th birthday shall be
21    expunged as provided in Section 5-915 of the Juvenile Court
22    Act of 1987.
23        (4) Whenever a person has been arrested for or
24    convicted of any offense, in the name of a person whose
25    identity he or she has stolen or otherwise come into
26    possession of, the aggrieved person from whom the identity

 

 

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

 

 

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

 

 

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1    pursuant to Section 10 of the Cannabis Control Act, Section
2    410 of the Illinois Controlled Substances Act, Section 70
3    of the Methamphetamine Control and Community Protection
4    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
5    Corrections, Section 12-4.3 or subdivision (b)(1) of
6    Section 12-3.05 of the Criminal Code of 1961 or the
7    Criminal Code of 2012, Section 10-102 of the Illinois
8    Alcoholism and Other Drug Dependency Act, Section 40-10 of
9    the Alcoholism and Other Drug Abuse and Dependency Act, or
10    Section 10 of the Steroid Control Act.
11        (8) If the petitioner has been granted a certificate of
12    innocence under Section 2-702 of the Code of Civil
13    Procedure, the court that grants the certificate of
14    innocence shall also enter an order expunging the
15    conviction for which the petitioner has been determined to
16    be innocent as provided in subsection (h) of Section 2-702
17    of the Code of Civil Procedure.
18        (9) Whenever a person has been convicted of a felony or
19    misdemeanor violation of the Cannabis Control Act, he or
20    she may petition the circuit court to expunge the records
21    of his or her arrest, charge not initiated by arrest, and
22    conviction records for that offense, if and only if,
23    criminal penalties for that offense are subsequently
24    removed by law.
25    (c) Sealing.
26        (1) Applicability. Notwithstanding any other provision

 

 

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1    of this Act to the contrary, and cumulative with any rights
2    to expungement of criminal records, this subsection
3    authorizes the sealing of criminal records of adults and of
4    minors prosecuted as adults.
5        (2) Eligible Records. The following records may be
6    sealed:
7            (A) All arrests resulting in release without
8        charging;
9            (B) Arrests or charges not initiated by arrest
10        resulting in acquittal, dismissal, or conviction when
11        the conviction was reversed or vacated, except as
12        excluded by subsection (a)(3)(B);
13            (C) Arrests or charges not initiated by arrest
14        resulting in orders of supervision, including orders
15        of supervision for municipal ordinance violations,
16        successfully completed by the petitioner, unless
17        excluded by subsection (a)(3);
18            (D) Arrests or charges not initiated by arrest
19        resulting in convictions, including convictions on
20        municipal ordinance violations, unless excluded by
21        subsection (a)(3);
22            (E) Arrests or charges not initiated by arrest
23        resulting in orders of first offender probation under
24        Section 10 of the Cannabis Control Act, Section 410 of
25        the Illinois Controlled Substances Act, Section 70 of
26        the Methamphetamine Control and Community Protection

 

 

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1        Act, or Section 5-6-3.3 of the Unified Code of
2        Corrections; and
3            (F) Arrests or charges not initiated by arrest
4        resulting in felony convictions for the following
5        offenses:
6                (i) Class 4 felony convictions for:
7                    Prostitution under Section 11-14 of the
8                Criminal Code of 1961 or the Criminal Code of
9                2012.
10                    Possession of cannabis under Section 4 of
11                the Cannabis Control Act.
12                    Possession of a controlled substance under
13                Section 402 of the Illinois Controlled
14                Substances Act.
15                    Offenses under the Methamphetamine
16                Precursor Control Act.
17                    Offenses under the Steroid Control Act.
18                    Theft under Section 16-1 of the Criminal
19                Code of 1961 or the Criminal Code of 2012.
20                    Retail theft under Section 16A-3 or
21                paragraph (a) of 16-25 of the Criminal Code of
22                1961 or the Criminal Code of 2012.
23                    Deceptive practices under Section 17-1 of
24                the Criminal Code of 1961 or the Criminal Code
25                of 2012.
26                    Forgery under Section 17-3 of the Criminal

 

 

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1                Code of 1961 or the Criminal Code of 2012.
2                    Possession of burglary tools under Section
3                19-2 of the Criminal Code of 1961 or the
4                Criminal Code of 2012.
5            (ii) Class 3 felony convictions for:
6                    Theft under Section 16-1 of the Criminal
7                Code of 1961 or the Criminal Code of 2012.
8                    Retail theft under Section 16A-3 or
9                paragraph (a) of 16-25 of the Criminal Code of
10                1961 or the Criminal Code of 2012.
11                    Deceptive practices under Section 17-1 of
12                the Criminal Code of 1961 or the Criminal Code
13                of 2012.
14                    Forgery under Section 17-3 of the Criminal
15                Code of 1961 or the Criminal Code of 2012.
16                    Possession with intent to manufacture or
17                deliver a controlled substance under Section
18                401 of the Illinois Controlled Substances Act.
19        (3) When Records Are Eligible to Be Sealed. Records
20    identified as eligible under subsection (c)(2) may be
21    sealed as follows:
22            (A) Records identified as eligible under
23        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
24        time.
25            (B) Except as otherwise provided in subparagraph
26        (E) of this paragraph (3), records identified as

 

 

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

 

 

10000HB0183ham001- 20 -LRB100 03937 RLC 24321 a

1        filed under this subparagraph is denied by the court,
2        the time periods under subparagraph (B) or (C) shall
3        apply to any subsequent petition for sealing filed by
4        the petitioner.
5        (4) Subsequent felony convictions. A person may not
6    have subsequent felony conviction records sealed as
7    provided in this subsection (c) if he or she is convicted
8    of any felony offense after the date of the sealing of
9    prior felony convictions as provided in this subsection
10    (c). The court may, upon conviction for a subsequent felony
11    offense, order the unsealing of prior felony conviction
12    records previously ordered sealed by the court.
13        (5) Notice of eligibility for sealing. Upon entry of a
14    disposition for an eligible record under this subsection
15    (c), the petitioner shall be informed by the court of the
16    right to have the records sealed and the procedures for the
17    sealing of the records.
18    (d) Procedure. The following procedures apply to
19expungement under subsections (b), (e), and (e-6) and sealing
20under subsections (c) and (e-5):
21        (1) Filing the petition. Upon becoming eligible to
22    petition for the expungement or sealing of records under
23    this Section, the petitioner shall file a petition
24    requesting the expungement or sealing of records with the
25    clerk of the court where the arrests occurred or the
26    charges were brought, or both. If arrests occurred or

 

 

10000HB0183ham001- 21 -LRB100 03937 RLC 24321 a

1    charges were brought in multiple jurisdictions, a petition
2    must be filed in each such jurisdiction. The petitioner
3    shall pay the applicable fee, except no fee shall be
4    required if the petitioner has obtained a court order
5    waiving fees under Supreme Court Rule 298 or it is
6    otherwise waived.
7        (1.5) County fee waiver pilot program. In a county of
8    3,000,000 or more inhabitants, no fee shall be required to
9    be paid by a petitioner if the records sought to be
10    expunged or sealed were arrests resulting in release
11    without charging or arrests or charges not initiated by
12    arrest resulting in acquittal, dismissal, or conviction
13    when the conviction was reversed or vacated, unless
14    excluded by subsection (a)(3)(B). The provisions of this
15    paragraph (1.5), other than this sentence, are inoperative
16    on and after January 1, 2018 or one year after January 1,
17    2017 (the effective date of Public Act 99-881) this
18    amendatory Act of the 99th General Assembly, whichever is
19    later.
20        (2) Contents of petition. The petition shall be
21    verified and shall contain the petitioner's name, date of
22    birth, current address and, for each arrest or charge not
23    initiated by arrest sought to be sealed or expunged, the
24    case number, the date of arrest (if any), the identity of
25    the arresting authority, and such other information as the
26    court may require. During the pendency of the proceeding,

 

 

10000HB0183ham001- 22 -LRB100 03937 RLC 24321 a

1    the petitioner shall promptly notify the circuit court
2    clerk of any change of his or her address. If the
3    petitioner has received a certificate of eligibility for
4    sealing from the Prisoner Review Board under paragraph (10)
5    of subsection (a) of Section 3-3-2 of the Unified Code of
6    Corrections, the certificate shall be attached to the
7    petition.
8        (3) Drug test. The petitioner must attach to the
9    petition proof that the petitioner has passed a test taken
10    within 30 days before the filing of the petition showing
11    the absence within his or her body of all illegal
12    substances as defined by the Illinois Controlled
13    Substances Act, the Methamphetamine Control and Community
14    Protection Act, and the Cannabis Control Act if he or she
15    is petitioning to:
16            (A) seal felony records under clause (c)(2)(E);
17            (B) seal felony records for a violation of the
18        Illinois Controlled Substances Act, the
19        Methamphetamine Control and Community Protection Act,
20        or the Cannabis Control Act under clause (c)(2)(F);
21            (C) seal felony records under subsection (e-5); or
22            (D) expunge felony records of a qualified
23        probation under clause (b)(1)(iv).
24        (4) Service of petition. The circuit court clerk shall
25    promptly serve a copy of the petition and documentation to
26    support the petition under subsection (e-5) or (e-6) on the

 

 

10000HB0183ham001- 23 -LRB100 03937 RLC 24321 a

1    State's Attorney or prosecutor charged with the duty of
2    prosecuting the offense, the Department of State Police,
3    the arresting agency and the chief legal officer of the
4    unit of local government effecting the arrest.
5        (5) Objections.
6            (A) Any party entitled to notice of the petition
7        may file an objection to the petition. All objections
8        shall be in writing, shall be filed with the circuit
9        court clerk, and shall state with specificity the basis
10        of the objection. Whenever a person who has been
11        convicted of an offense is granted a pardon by the
12        Governor which specifically authorizes expungement, an
13        objection to the petition may not be filed.
14            (B) Objections to a petition to expunge or seal
15        must be filed within 60 days of the date of service of
16        the petition.
17        (6) Entry of order.
18            (A) The Chief Judge of the circuit wherein the
19        charge was brought, any judge of that circuit
20        designated by the Chief Judge, or in counties of less
21        than 3,000,000 inhabitants, the presiding trial judge
22        at the petitioner's trial, if any, shall rule on the
23        petition to expunge or seal as set forth in this
24        subsection (d)(6).
25            (B) Unless the State's Attorney or prosecutor, the
26        Department of State Police, the arresting agency, or

 

 

10000HB0183ham001- 24 -LRB100 03937 RLC 24321 a

1        the chief legal officer files an objection to the
2        petition to expunge or seal within 60 days from the
3        date of service of the petition, the court shall enter
4        an order granting or denying the petition.
5        (7) Hearings. If an objection is filed, the court shall
6    set a date for a hearing and notify the petitioner and all
7    parties entitled to notice of the petition of the hearing
8    date at least 30 days prior to the hearing. Prior to the
9    hearing, the State's Attorney shall consult with the
10    Department as to the appropriateness of the relief sought
11    in the petition to expunge or seal. At the hearing, the
12    court shall hear evidence on whether the petition should or
13    should not be granted, and shall grant or deny the petition
14    to expunge or seal the records based on the evidence
15    presented at the hearing. The court may consider the
16    following:
17            (A) the strength of the evidence supporting the
18        defendant's conviction;
19            (B) the reasons for retention of the conviction
20        records by the State;
21            (C) the petitioner's age, criminal record history,
22        and employment history;
23            (D) the period of time between the petitioner's
24        arrest on the charge resulting in the conviction and
25        the filing of the petition under this Section; and
26            (E) the specific adverse consequences the

 

 

10000HB0183ham001- 25 -LRB100 03937 RLC 24321 a

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

 

 

10000HB0183ham001- 26 -LRB100 03937 RLC 24321 a

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

 

 

10000HB0183ham001- 27 -LRB100 03937 RLC 24321 a

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

 

 

10000HB0183ham001- 28 -LRB100 03937 RLC 24321 a

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

 

 

10000HB0183ham001- 29 -LRB100 03937 RLC 24321 a

1            records, the court, the Department, or the agency
2            receiving the inquiry shall reply as it does in
3            response to inquiries when no records ever
4            existed.
5            (C) Upon entry of an order to seal records under
6        subsection (c), the arresting agency, any other agency
7        as ordered by the court, the Department, and the court
8        shall seal the records (as defined in subsection
9        (a)(1)(K)). In response to an inquiry for such records,
10        from anyone not authorized by law to access such
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 existed.
14            (D) The Department shall send written notice to the
15        petitioner of its compliance with each order to expunge
16        or seal records within 60 days of the date of service
17        of that order or, if a motion to vacate, modify, or
18        reconsider is filed, within 60 days of service of the
19        order resolving the motion, if that order requires the
20        Department to expunge or seal records. In the event of
21        an appeal from the circuit court order, the Department
22        shall send written notice to the petitioner of its
23        compliance with an Appellate Court or Supreme Court
24        judgment to expunge or seal records within 60 days of
25        the issuance of the court's mandate. The notice is not
26        required while any motion to vacate, modify, or

 

 

10000HB0183ham001- 30 -LRB100 03937 RLC 24321 a

1        reconsider, or any appeal or petition for
2        discretionary appellate review, is pending.
3        (10) Fees. The Department may charge the petitioner a
4    fee equivalent to the cost of processing any order to
5    expunge or seal records. Notwithstanding any provision of
6    the Clerks of Courts Act to the contrary, the circuit court
7    clerk may charge a fee equivalent to the cost associated
8    with the sealing or expungement of records by the circuit
9    court clerk. From the total filing fee collected for the
10    petition to seal or expunge, the circuit court clerk shall
11    deposit $10 into the Circuit Court Clerk Operation and
12    Administrative Fund, to be used to offset the costs
13    incurred by the circuit court clerk in performing the
14    additional duties required to serve the petition to seal or
15    expunge on all parties. The circuit court clerk shall
16    collect and forward the Department of State Police portion
17    of the fee to the Department and it shall be deposited in
18    the State Police Services Fund.
19        (11) Final Order. No court order issued under the
20    expungement or sealing provisions of this Section shall
21    become final for purposes of appeal until 30 days after
22    service of the order on the petitioner and all parties
23    entitled to notice of the petition.
24        (12) Motion to Vacate, Modify, or Reconsider. Under
25    Section 2-1203 of the Code of Civil Procedure, the
26    petitioner or any party entitled to notice may file a

 

 

10000HB0183ham001- 31 -LRB100 03937 RLC 24321 a

1    motion to vacate, modify, or reconsider the order granting
2    or denying the petition to expunge or seal within 60 days
3    of service of the order. If filed more than 60 days after
4    service 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. Upon filing of a
7    motion to vacate, modify, or reconsider, notice of the
8    motion shall be served upon the petitioner and all parties
9    entitled to notice of the petition.
10        (13) Effect of Order. An order granting a petition
11    under the expungement or sealing provisions of this Section
12    shall not be considered void because it fails to comply
13    with the provisions of this Section or because of any error
14    asserted in a motion to vacate, modify, or reconsider. The
15    circuit court retains jurisdiction to determine whether
16    the order is voidable and to vacate, modify, or reconsider
17    its terms based on a motion filed under paragraph (12) of
18    this subsection (d).
19        (14) Compliance with Order Granting Petition to Seal
20    Records. Unless a court has entered a stay of an order
21    granting a petition to seal, all parties entitled to notice
22    of the petition must fully comply with the terms of the
23    order within 60 days of service of the order even if a
24    party is seeking relief from the order through a motion
25    filed under paragraph (12) of this subsection (d) or is
26    appealing the order.

 

 

10000HB0183ham001- 32 -LRB100 03937 RLC 24321 a

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

 

 

10000HB0183ham001- 33 -LRB100 03937 RLC 24321 a

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

 

 

10000HB0183ham001- 34 -LRB100 03937 RLC 24321 a

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

 

 

10000HB0183ham001- 35 -LRB100 03937 RLC 24321 a

1trial judge at the petitioner's trial, have a court order
2entered 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 petitioner
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 granted the certificate
11but the order shall not affect any index issued by the circuit
12court clerk before the entry of the order. All records sealed
13by the Department may be disseminated by the Department only as
14required by this Act or to the arresting authority, a law
15enforcement agency, the State's Attorney, and the court upon a
16later arrest for the same or similar offense or for the purpose
17of sentencing for any subsequent felony. Upon conviction for
18any subsequent offense, the Department of Corrections shall
19have access to all expunged records of the Department
20pertaining to that individual. Upon entry of the order of
21expungement, the circuit court clerk shall promptly mail a copy
22of the order to the person who was granted the certificate of
23eligibility for expungement.
24    (f) Subject to available funding, the Illinois Department
25of Corrections shall conduct a study of the impact of sealing,
26especially on employment and recidivism rates, utilizing a

 

 

10000HB0183ham001- 36 -LRB100 03937 RLC 24321 a

1random sample of those who apply for the sealing of their
2criminal records under Public Act 93-211. At the request of the
3Illinois Department of Corrections, records of the Illinois
4Department of Employment Security shall be utilized as
5appropriate to assist in the study. The study shall not
6disclose any data in a manner that would allow the
7identification of any particular individual or employing unit.
8The study shall be made available to the General Assembly no
9later than September 1, 2010.
10(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
11eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
12eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
1398-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
1499-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
157-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)".