Full Text of HB0434 102nd General Assembly
HB0434eng 102ND GENERAL ASSEMBLY |
| | HB0434 Engrossed | | LRB102 04268 RLC 14286 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 5.2 as follows:
| 6 | | (20 ILCS 2630/5.2)
| 7 | | Sec. 5.2. Expungement, sealing, and immediate expungement | 8 | | or sealing. | 9 | | (a) General Provisions. | 10 | | (1) Definitions. In this Act, words and phrases have
| 11 | | the meanings set forth in this subsection, except when a
| 12 | | particular context clearly requires a different meaning. | 13 | | (A) The following terms shall have the meanings | 14 | | ascribed to them in the Unified Code of Corrections, | 15 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 16 | | (i) Business Offense (730 ILCS 5/5-1-2), | 17 | | (ii) Charge (730 ILCS 5/5-1-3), | 18 | | (iii) Court (730 ILCS 5/5-1-6), | 19 | | (iv) Defendant (730 ILCS 5/5-1-7), | 20 | | (v) Felony (730 ILCS 5/5-1-9), | 21 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 22 | | (vii) Judgment (730 ILCS 5/5-1-12), | 23 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), |
| | | HB0434 Engrossed | - 2 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (ix) Offense (730 ILCS 5/5-1-15), | 2 | | (x) Parole (730 ILCS 5/5-1-16), | 3 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 4 | | (xii) Probation (730 ILCS 5/5-1-18), | 5 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 6 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 7 | | (xv) Victim (730 ILCS 5/5-1-22). | 8 | | (B) As used in this Section, "charge not initiated | 9 | | by arrest" means a charge (as defined by 730 ILCS | 10 | | 5/5-1-3) brought against a defendant where the | 11 | | defendant is not arrested prior to or as a direct | 12 | | result of the charge. | 13 | | (C) "Conviction" means a judgment of conviction or | 14 | | sentence entered upon a plea of guilty or upon a | 15 | | verdict or finding of guilty of an offense, rendered | 16 | | by a legally constituted jury or by a court of | 17 | | competent jurisdiction authorized to try the case | 18 | | without a jury. An order of supervision successfully | 19 | | completed by the petitioner is not a conviction. An | 20 | | order of qualified probation (as defined in subsection | 21 | | (a)(1)(J)) successfully completed by the petitioner is | 22 | | not a conviction. An order of supervision or an order | 23 | | of qualified probation that is terminated | 24 | | unsatisfactorily is a conviction, unless the | 25 | | unsatisfactory termination is reversed, vacated, or | 26 | | modified and the judgment of conviction, if any, is |
| | | HB0434 Engrossed | - 3 - | LRB102 04268 RLC 14286 b |
|
| 1 | | reversed or vacated. | 2 | | (D) "Criminal offense" means a petty offense, | 3 | | business offense, misdemeanor, felony, or municipal | 4 | | ordinance violation (as defined in subsection | 5 | | (a)(1)(H)). As used in this Section, a minor traffic | 6 | | offense (as defined in subsection (a)(1)(G)) shall not | 7 | | be considered a criminal offense. | 8 | | (E) "Expunge" means to physically destroy the | 9 | | records or return them to the petitioner and to | 10 | | obliterate the petitioner's name from any official | 11 | | index or public record, or both. Nothing in this Act | 12 | | shall require the physical destruction of the circuit | 13 | | court file, but such records relating to arrests or | 14 | | charges, or both, ordered expunged shall be impounded | 15 | | as required by subsections (d)(9)(A)(ii) and | 16 | | (d)(9)(B)(ii). | 17 | | (F) As used in this Section, "last sentence" means | 18 | | the sentence, order of supervision, or order of | 19 | | qualified probation (as defined by subsection | 20 | | (a)(1)(J)), for a criminal offense (as defined by | 21 | | subsection (a)(1)(D)) that terminates last in time in | 22 | | any jurisdiction, regardless of whether the petitioner | 23 | | has included the criminal offense for which the | 24 | | sentence or order of supervision or qualified | 25 | | probation was imposed in his or her petition. If | 26 | | multiple sentences, orders of supervision, or orders |
| | | HB0434 Engrossed | - 4 - | LRB102 04268 RLC 14286 b |
|
| 1 | | of qualified probation terminate on the same day and | 2 | | are last in time, they shall be collectively | 3 | | considered the "last sentence" regardless of whether | 4 | | they were ordered to run concurrently. | 5 | | (G) "Minor traffic offense" means a petty offense, | 6 | | business offense, or Class C misdemeanor under the | 7 | | Illinois Vehicle Code or a similar provision of a | 8 | | municipal or local ordinance. | 9 | | (G-5) "Minor Cannabis Offense" means a violation | 10 | | of Section 4 or 5 of the Cannabis Control Act | 11 | | concerning not more than 30 grams of any substance | 12 | | containing cannabis, provided the violation did not | 13 | | include a penalty enhancement under Section 7 of the | 14 | | Cannabis Control Act and is not associated with an | 15 | | arrest, conviction or other disposition for a violent | 16 | | crime as defined in subsection (c) of Section 3 of the | 17 | | Rights of Crime Victims and Witnesses Act. | 18 | | (H) "Municipal ordinance violation" means an | 19 | | offense defined by a municipal or local ordinance that | 20 | | is criminal in nature and with which the petitioner | 21 | | was charged or for which the petitioner was arrested | 22 | | and released without charging. | 23 | | (I) "Petitioner" means an adult or a minor | 24 | | prosecuted as an
adult who has applied for relief | 25 | | under this Section. | 26 | | (J) "Qualified probation" means an order of |
| | | HB0434 Engrossed | - 5 - | LRB102 04268 RLC 14286 b |
|
| 1 | | probation under Section 10 of the Cannabis Control | 2 | | Act, Section 410 of the Illinois Controlled Substances | 3 | | Act, Section 70 of the Methamphetamine Control and | 4 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | 5 | | of the Unified Code of Corrections, Section | 6 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | 7 | | those provisions existed before their deletion by | 8 | | Public Act 89-313), Section 10-102 of the Illinois | 9 | | Alcoholism and Other Drug Dependency Act, Section | 10 | | 40-10 of the Substance Use Disorder Act, or Section 10 | 11 | | of the Steroid Control Act. For the purpose of this | 12 | | Section, "successful completion" of an order of | 13 | | qualified probation under Section 10-102 of the | 14 | | Illinois Alcoholism and Other Drug Dependency Act and | 15 | | Section 40-10 of the Substance Use Disorder Act means | 16 | | that the probation was terminated satisfactorily and | 17 | | the judgment of conviction was vacated. | 18 | | (K) "Seal" means to physically and electronically | 19 | | maintain the records, unless the records would | 20 | | otherwise be destroyed due to age, but to make the | 21 | | records unavailable without a court order, subject to | 22 | | the exceptions in Sections 12 and 13 of this Act. The | 23 | | petitioner's name shall also be obliterated from the | 24 | | official index required to be kept by the circuit | 25 | | court clerk under Section 16 of the Clerks of Courts | 26 | | Act, but any index issued by the circuit court clerk |
| | | HB0434 Engrossed | - 6 - | LRB102 04268 RLC 14286 b |
|
| 1 | | before the entry of the order to seal shall not be | 2 | | affected. | 3 | | (L) "Sexual offense committed against a minor" | 4 | | includes, but is
not limited to, the offenses of | 5 | | indecent solicitation of a child
or criminal sexual | 6 | | abuse when the victim of such offense is
under 18 years | 7 | | of age. | 8 | | (M) "Terminate" as it relates to a sentence or | 9 | | order of supervision or qualified probation includes | 10 | | either satisfactory or unsatisfactory termination of | 11 | | the sentence, unless otherwise specified in this | 12 | | Section. A sentence is terminated notwithstanding any | 13 | | outstanding financial legal obligation. | 14 | | (2) Minor Traffic Offenses.
Orders of supervision or | 15 | | convictions for minor traffic offenses shall not affect a | 16 | | petitioner's eligibility to expunge or seal records | 17 | | pursuant to this Section. | 18 | | (2.5) Commencing 180 days after July 29, 2016 (the | 19 | | effective date of Public Act 99-697), the law enforcement | 20 | | agency issuing the citation shall automatically expunge, | 21 | | on or before January 1 and July 1 of each year, the law | 22 | | enforcement records of a person found to have committed a | 23 | | civil law violation of subsection (a) of Section 4 of the | 24 | | Cannabis Control Act or subsection (c) of Section 3.5 of | 25 | | the Drug Paraphernalia Control Act in the law enforcement | 26 | | agency's possession or control and which contains the |
| | | HB0434 Engrossed | - 7 - | LRB102 04268 RLC 14286 b |
|
| 1 | | final satisfactory disposition which pertain to the person | 2 | | issued a citation for that offense.
The law enforcement | 3 | | agency shall provide by rule the process for access, | 4 | | review, and to confirm the automatic expungement by the | 5 | | law enforcement agency issuing the citation.
Commencing | 6 | | 180 days after July 29, 2016 (the effective date of Public | 7 | | Act 99-697), the clerk of the circuit court shall expunge, | 8 | | upon order of the court, or in the absence of a court order | 9 | | on or before January 1 and July 1 of each year, the court | 10 | | records of a person found in the circuit court to have | 11 | | committed a civil law violation of subsection (a) of | 12 | | Section 4 of the Cannabis Control Act or subsection (c) of | 13 | | Section 3.5 of the Drug Paraphernalia Control Act in the | 14 | | clerk's possession or control and which contains the final | 15 | | satisfactory disposition which pertain to the person | 16 | | issued a citation for any of those offenses. | 17 | | (3) Exclusions. Except as otherwise provided in | 18 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | 19 | | of this Section, the court shall not order: | 20 | | (A) the sealing or expungement of the records of | 21 | | arrests or charges not initiated by arrest that result | 22 | | in an order of supervision for or conviction of:
(i) | 23 | | any sexual offense committed against a
minor; (ii) | 24 | | Section 11-501 of the Illinois Vehicle Code or a | 25 | | similar provision of a local ordinance; or (iii) | 26 | | Section 11-503 of the Illinois Vehicle Code or a |
| | | HB0434 Engrossed | - 8 - | LRB102 04268 RLC 14286 b |
|
| 1 | | similar provision of a local ordinance, unless the | 2 | | arrest or charge is for a misdemeanor violation of | 3 | | subsection (a) of Section 11-503 or a similar | 4 | | provision of a local ordinance, that occurred prior to | 5 | | the offender reaching the age of 25 years and the | 6 | | offender has no other conviction for violating Section | 7 | | 11-501 or 11-503 of the Illinois Vehicle Code or a | 8 | | similar provision of a local ordinance. | 9 | | (B) the sealing or expungement of records of minor | 10 | | traffic offenses (as defined in subsection (a)(1)(G)), | 11 | | unless the petitioner was arrested and released | 12 | | without charging. | 13 | | (C) the sealing of the records of arrests or | 14 | | charges not initiated by arrest which result in an | 15 | | order of supervision or a conviction for the following | 16 | | offenses: | 17 | | (i) offenses included in Article 11 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012 | 19 | | or a similar provision of a local ordinance, | 20 | | except Section 11-14 and a misdemeanor violation | 21 | | of Section 11-30 of the Criminal Code of 1961 or | 22 | | the Criminal Code of 2012, or a similar provision | 23 | | of a local ordinance; | 24 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | 25 | | 26-5, or 48-1 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, or a similar provision of a |
| | | HB0434 Engrossed | - 9 - | LRB102 04268 RLC 14286 b |
|
| 1 | | local ordinance; | 2 | | (iii) Sections 12-3.1 or 12-3.2 of the | 3 | | Criminal Code of 1961 or the Criminal Code of | 4 | | 2012, or Section 125 of the Stalking No Contact | 5 | | Order Act, or Section 219 of the Civil No Contact | 6 | | Order Act, or a similar provision of a local | 7 | | ordinance; | 8 | | (iv) Class A misdemeanors or felony offenses | 9 | | under the Humane Care for Animals Act; or | 10 | | (v) any offense or attempted offense that | 11 | | would subject a person to registration under the | 12 | | Sex Offender Registration Act. | 13 | | (D) (blank). | 14 | | (b) Expungement. | 15 | | (1) A petitioner may petition the circuit court to | 16 | | expunge the
records of his or her arrests and charges not | 17 | | initiated by arrest when each arrest or charge not | 18 | | initiated by arrest
sought to be expunged resulted in:
(i) | 19 | | acquittal, dismissal, or the petitioner's release without | 20 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a | 21 | | conviction which was vacated or reversed, unless excluded | 22 | | by subsection (a)(3)(B);
(iii) an order of supervision and | 23 | | such supervision was successfully completed by the | 24 | | petitioner, unless excluded by subsection (a)(3)(A) or | 25 | | (a)(3)(B); or
(iv) an order of qualified probation (as | 26 | | defined in subsection (a)(1)(J)) and such probation was |
| | | HB0434 Engrossed | - 10 - | LRB102 04268 RLC 14286 b |
|
| 1 | | successfully completed by the petitioner. | 2 | | (1.5) When a petitioner seeks to have a record of | 3 | | arrest expunged under this Section, and the offender has | 4 | | been convicted of a criminal offense, the State's Attorney | 5 | | may object to the expungement on the grounds that the | 6 | | records contain specific relevant information aside from | 7 | | the mere fact of the arrest. | 8 | | (2) Time frame for filing a petition to expunge. | 9 | | (A) When the arrest or charge not initiated by | 10 | | arrest sought to be expunged resulted in an acquittal, | 11 | | dismissal, the petitioner's release without charging, | 12 | | or the reversal or vacation of a conviction, there is | 13 | | no waiting period to petition for the expungement of | 14 | | such records. Subsection (g) of this Section provides | 15 | | for immediate expungement of certain records. | 16 | | (B) When the arrest or charge not initiated by | 17 | | arrest
sought to be expunged resulted in an order of | 18 | | supervision, successfully
completed by the petitioner, | 19 | | the following time frames will apply: | 20 | | (i) Those arrests or charges that resulted in | 21 | | orders of
supervision under Section 3-707, 3-708, | 22 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or | 23 | | a similar provision of a local ordinance, or under | 24 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | 25 | | Code of 1961 or the Criminal Code of 2012, or a | 26 | | similar provision of a local ordinance, shall not |
| | | HB0434 Engrossed | - 11 - | LRB102 04268 RLC 14286 b |
|
| 1 | | be eligible for expungement until 5 years have | 2 | | passed following the satisfactory termination of | 3 | | the supervision. | 4 | | (i-5) Those arrests or charges that resulted | 5 | | in orders of supervision for a misdemeanor | 6 | | violation of subsection (a) of Section 11-503 of | 7 | | the Illinois Vehicle Code or a similar provision | 8 | | of a local ordinance, that occurred prior to the | 9 | | offender reaching the age of 25 years and the | 10 | | offender has no other conviction for violating | 11 | | Section 11-501 or 11-503 of the Illinois Vehicle | 12 | | Code or a similar provision of a local ordinance | 13 | | shall not be eligible for expungement until the | 14 | | petitioner has reached the age of 25 years. | 15 | | (ii) Those arrests or charges that resulted in | 16 | | orders
of supervision for any other offenses shall | 17 | | not be
eligible for expungement until 2 years have | 18 | | passed
following the satisfactory termination of | 19 | | the supervision. | 20 | | (C) When the arrest or charge not initiated by | 21 | | arrest sought to
be expunged resulted in an order of | 22 | | qualified probation, successfully
completed by the | 23 | | petitioner, such records shall not be eligible for
| 24 | | expungement until 5 years have passed following the | 25 | | satisfactory
termination of the probation. | 26 | | (3) Those records maintained by the Department for
|
| | | HB0434 Engrossed | - 12 - | LRB102 04268 RLC 14286 b |
|
| 1 | | persons arrested prior to their 17th birthday shall be
| 2 | | expunged as provided in Section 5-915 of the Juvenile | 3 | | Court
Act of 1987. | 4 | | (4) Whenever a person has been arrested for or | 5 | | convicted of any
offense, in the name of a person whose | 6 | | identity he or she has stolen or otherwise
come into | 7 | | possession of, the aggrieved person from whom the identity
| 8 | | was stolen or otherwise obtained without authorization,
| 9 | | upon learning of the person having been arrested using his
| 10 | | or her identity, may, upon verified petition to the chief | 11 | | judge of
the circuit wherein the arrest was made, have a | 12 | | court order
entered nunc pro tunc by the Chief Judge to | 13 | | correct the
arrest record, conviction record, if any, and | 14 | | all official
records of the arresting authority, the | 15 | | Department, other
criminal justice agencies, the | 16 | | prosecutor, and the trial
court concerning such arrest, if | 17 | | any, by removing his or her name
from all such records in | 18 | | connection with the arrest and
conviction, if any, and by | 19 | | inserting in the records the
name of the offender, if | 20 | | known or ascertainable, in lieu of
the aggrieved's name. | 21 | | The records of the circuit court clerk shall be sealed | 22 | | until further order of
the court upon good cause shown and | 23 | | the name of the
aggrieved person obliterated on the | 24 | | official index
required to be kept by the circuit court | 25 | | clerk under
Section 16 of the Clerks of Courts Act, but the | 26 | | order shall
not affect any index issued by the circuit |
| | | HB0434 Engrossed | - 13 - | LRB102 04268 RLC 14286 b |
|
| 1 | | court clerk
before the entry of the order. Nothing in this | 2 | | Section
shall limit the Department of State Police or | 3 | | other
criminal justice agencies or prosecutors from | 4 | | listing
under an offender's name the false names he or she | 5 | | has
used. | 6 | | (5) Whenever a person has been convicted of criminal
| 7 | | sexual assault, aggravated criminal sexual assault,
| 8 | | predatory criminal sexual assault of a child, criminal
| 9 | | sexual abuse, or aggravated criminal sexual abuse, the
| 10 | | victim of that offense may request that the State's
| 11 | | Attorney of the county in which the conviction occurred
| 12 | | file a verified petition with the presiding trial judge at
| 13 | | the petitioner's trial to have a court order entered to | 14 | | seal
the records of the circuit court clerk in connection
| 15 | | with the proceedings of the trial court concerning that
| 16 | | offense. However, the records of the arresting authority
| 17 | | and the Department of State Police concerning the offense
| 18 | | shall not be sealed. The court, upon good cause shown,
| 19 | | shall make the records of the circuit court clerk in
| 20 | | connection with the proceedings of the trial court
| 21 | | concerning the offense available for public inspection. | 22 | | (6) If a conviction has been set aside on direct | 23 | | review
or on collateral attack and the court determines by | 24 | | clear
and convincing evidence that the petitioner was | 25 | | factually
innocent of the charge, the court that finds the | 26 | | petitioner factually innocent of the charge shall enter an
|
| | | HB0434 Engrossed | - 14 - | LRB102 04268 RLC 14286 b |
|
| 1 | | expungement order for the conviction for which the | 2 | | petitioner has been determined to be innocent as provided | 3 | | in subsection (b) of Section
5-5-4 of the Unified Code of | 4 | | Corrections. | 5 | | (7) Nothing in this Section shall prevent the | 6 | | Department of
State Police from maintaining all records of | 7 | | any person who
is admitted to probation upon terms and | 8 | | conditions and who
fulfills those terms and conditions | 9 | | pursuant to Section 10
of the Cannabis Control Act, | 10 | | Section 410 of the Illinois
Controlled Substances Act, | 11 | | Section 70 of the
Methamphetamine Control and Community | 12 | | Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified | 13 | | Code of Corrections, Section 12-4.3 or subdivision (b)(1) | 14 | | of Section 12-3.05 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012, Section 10-102
of the Illinois | 16 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | 17 | | the Substance Use Disorder Act, or Section 10 of the | 18 | | Steroid Control Act. | 19 | | (8) If the petitioner has been granted a certificate | 20 | | of innocence under Section 2-702 of the Code of Civil | 21 | | Procedure, the court that grants the certificate of | 22 | | innocence shall also enter an order expunging the | 23 | | conviction for which the petitioner has been determined to | 24 | | be innocent as provided in subsection (h) of Section 2-702 | 25 | | of the Code of Civil Procedure. | 26 | | (c) Sealing. |
| | | HB0434 Engrossed | - 15 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (1) Applicability. Notwithstanding any other provision | 2 | | of this Act to the contrary, and cumulative with any | 3 | | rights to expungement of criminal records, this subsection | 4 | | authorizes the sealing of criminal records of adults and | 5 | | of minors prosecuted as adults. Subsection (g) of this | 6 | | Section provides for immediate sealing of certain records. | 7 | | (2) Eligible Records. The following records may be | 8 | | sealed: | 9 | | (A) All arrests resulting in release without | 10 | | charging; | 11 | | (B) Arrests or charges not initiated by arrest | 12 | | resulting in acquittal, dismissal, or conviction when | 13 | | the conviction was reversed or vacated, except as | 14 | | excluded by subsection (a)(3)(B); | 15 | | (C) Arrests or charges not initiated by arrest | 16 | | resulting in orders of supervision, including orders | 17 | | of supervision for municipal ordinance violations, | 18 | | successfully completed by the petitioner, unless | 19 | | excluded by subsection (a)(3); | 20 | | (D) Arrests or charges not initiated by arrest | 21 | | resulting in convictions, including convictions on | 22 | | municipal ordinance violations, unless excluded by | 23 | | subsection (a)(3); | 24 | | (E) Arrests or charges not initiated by arrest | 25 | | resulting in orders of first offender probation under | 26 | | Section 10 of the Cannabis Control Act, Section 410 of |
| | | HB0434 Engrossed | - 16 - | LRB102 04268 RLC 14286 b |
|
| 1 | | the Illinois Controlled Substances Act, Section 70 of | 2 | | the Methamphetamine Control and Community Protection | 3 | | Act, or Section 5-6-3.3 of the Unified Code of | 4 | | Corrections; and | 5 | | (F) Arrests or charges not initiated by arrest | 6 | | resulting in felony convictions unless otherwise | 7 | | excluded by subsection (a) paragraph (3) of this | 8 | | Section. | 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 | 14 | | any 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)). Convictions requiring public | 26 | | registration under the Arsonist Registration Act, the |
| | | HB0434 Engrossed | - 17 - | LRB102 04268 RLC 14286 b |
|
| 1 | | Sex Offender Registration Act, or the Murderer and | 2 | | Violent Offender Against Youth Registration Act may | 3 | | not be sealed until the petitioner is no longer | 4 | | required to register under that relevant Act. | 5 | | (D) Records identified in subsection | 6 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 7 | | reached the age of 25 years. | 8 | | (E) Records identified as eligible under | 9 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | 10 | | (c)(2)(F) may be sealed upon termination of the | 11 | | petitioner's last sentence if the petitioner earned a | 12 | | high school diploma, associate's degree, career | 13 | | certificate, vocational technical certification, or | 14 | | bachelor's degree, or passed the high school level | 15 | | Test of General Educational Development, during the | 16 | | period of his or her sentence or mandatory supervised | 17 | | release. This subparagraph shall apply only to a | 18 | | petitioner who has not completed the same educational | 19 | | goal prior to the period of his or her sentence or | 20 | | mandatory supervised release. If a petition for | 21 | | sealing eligible records filed under this subparagraph | 22 | | is denied by the court, the time periods under | 23 | | subparagraph (B) or (C) shall apply to any subsequent | 24 | | petition for sealing filed by the petitioner. | 25 | | (4) Subsequent felony convictions. A person may not | 26 | | have
subsequent felony conviction records sealed as |
| | | HB0434 Engrossed | - 18 - | LRB102 04268 RLC 14286 b |
|
| 1 | | provided in this subsection
(c) if he or she is convicted | 2 | | of any felony offense after the date of the
sealing of | 3 | | prior felony convictions as provided in this subsection | 4 | | (c). The court may, upon conviction for a subsequent | 5 | | felony offense, order the unsealing of prior felony | 6 | | conviction records previously ordered sealed by the court. | 7 | | (5) Notice of eligibility for sealing. Upon entry of a | 8 | | disposition for an eligible record under this subsection | 9 | | (c), the petitioner shall be informed by the court of the | 10 | | right to have the records sealed and the procedures for | 11 | | the sealing of the records. | 12 | | (d) Procedure. The following procedures apply to | 13 | | expungement under subsections (b), (e), and (e-6) and sealing | 14 | | under subsections (c) and (e-5): | 15 | | (1) Filing the petition. Upon becoming eligible to | 16 | | petition for
the expungement or sealing of records under | 17 | | this Section, the petitioner shall file a petition | 18 | | requesting the expungement
or sealing of records with the | 19 | | clerk of the court where the arrests occurred or the | 20 | | charges were brought, or both. If arrests occurred or | 21 | | charges were brought in multiple jurisdictions, a petition | 22 | | must be filed in each such jurisdiction. The petitioner | 23 | | shall pay the applicable fee, except no fee shall be | 24 | | required if the petitioner has obtained a court order | 25 | | waiving fees under Supreme Court Rule 298 or it is | 26 | | otherwise waived. |
| | | HB0434 Engrossed | - 19 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (1.5) County fee waiver pilot program.
From August 9, | 2 | | 2019 (the effective date of Public Act 101-306) through | 3 | | December 31, 2020, in a county of 3,000,000 or more | 4 | | inhabitants, no fee shall be required to be paid by a | 5 | | petitioner if the records sought to be expunged or sealed | 6 | | were arrests resulting in release without charging or | 7 | | arrests or charges not initiated by arrest resulting in | 8 | | acquittal, dismissal, or conviction when the conviction | 9 | | was reversed or vacated, unless excluded by subsection | 10 | | (a)(3)(B). The provisions of this paragraph (1.5), other | 11 | | than this sentence, are inoperative on and after January | 12 | | 1, 2022. | 13 | | (2) Contents of petition. The petition shall be
| 14 | | verified and shall contain the petitioner's name, date of
| 15 | | birth, current address and, for each arrest or charge not | 16 | | initiated by
arrest sought to be sealed or expunged, the | 17 | | case number, the date of
arrest (if any), the identity of | 18 | | the arresting authority, and such
other information as the | 19 | | court may require. During the pendency
of the proceeding, | 20 | | the petitioner shall promptly notify the
circuit court | 21 | | clerk of any change of his or her address. If the | 22 | | petitioner has received a certificate of eligibility for | 23 | | sealing from the Prisoner Review Board under paragraph | 24 | | (10) of subsection (a) of Section 3-3-2 of the Unified | 25 | | Code of Corrections, the certificate shall be attached to | 26 | | the petition. |
| | | HB0434 Engrossed | - 20 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (3) Drug test. The petitioner must attach to the | 2 | | petition proof that the petitioner has passed a test taken | 3 | | within 30 days before the filing of the petition showing | 4 | | the absence within his or her body of all illegal | 5 | | substances as defined by the Illinois Controlled | 6 | | Substances Act, the Methamphetamine Control and Community | 7 | | Protection Act, and the Cannabis Control Act if he or she | 8 | | is petitioning to: | 9 | | (A) seal felony records under clause (c)(2)(E); | 10 | | (B) seal felony records for a violation of the | 11 | | Illinois Controlled Substances Act, the | 12 | | Methamphetamine Control and Community Protection Act, | 13 | | or the Cannabis Control Act under clause (c)(2)(F); | 14 | | (C) seal felony records under subsection (e-5); or | 15 | | (D) expunge felony records of a qualified | 16 | | probation under clause (b)(1)(iv). | 17 | | (4) Service of petition. The circuit court clerk shall | 18 | | promptly
serve a copy of the petition and documentation to | 19 | | support the petition under subsection (e-5) or (e-6) on | 20 | | the State's Attorney or
prosecutor charged with the duty | 21 | | of prosecuting the
offense, the Department of State | 22 | | Police, the arresting
agency and the chief legal officer | 23 | | of the unit of local
government effecting the arrest. | 24 | | (5) Objections. | 25 | | (A) Any party entitled to notice of the petition | 26 | | may file an objection to the petition. All objections |
| | | HB0434 Engrossed | - 21 - | LRB102 04268 RLC 14286 b |
|
| 1 | | shall be in writing, shall be filed with the circuit | 2 | | court clerk, and shall state with specificity the | 3 | | basis of the objection. Whenever a person who has been | 4 | | convicted of an offense is granted
a pardon by the | 5 | | Governor which specifically authorizes expungement, an | 6 | | objection to the petition may not be filed. | 7 | | (B) Objections to a petition to expunge or seal | 8 | | must be filed within 60 days of the date of service of | 9 | | the petition. | 10 | | (6) Entry of order. | 11 | | (A) The Chief Judge of the circuit wherein the | 12 | | charge was brought, any judge of that circuit | 13 | | designated by the Chief Judge, or in counties of less | 14 | | than 3,000,000 inhabitants, the presiding trial judge | 15 | | at the petitioner's trial, if any, shall rule on the | 16 | | petition to expunge or seal as set forth in this | 17 | | subsection (d)(6). | 18 | | (B) Unless the State's Attorney or prosecutor, the | 19 | | Department of
State Police, the arresting agency, or | 20 | | the chief legal officer
files an objection to the | 21 | | petition to expunge or seal within 60 days from the | 22 | | date of service of the petition, the court shall enter | 23 | | an order granting or denying the petition. | 24 | | (C) Notwithstanding any other provision of law, | 25 | | the court shall not deny a petition for sealing under | 26 | | this Section because the petitioner has not satisfied |
| | | HB0434 Engrossed | - 22 - | LRB102 04268 RLC 14286 b |
|
| 1 | | an outstanding legal financial obligation established, | 2 | | imposed, or originated by a court, law enforcement | 3 | | agency, or a municipal, State, county, or other unit | 4 | | of local government, including, but not limited to, | 5 | | any cost, assessment, fine, or fee. An outstanding | 6 | | legal financial obligation does not include any court | 7 | | ordered restitution to a victim under Section 5-5-6 of | 8 | | the Unified Code of Corrections, unless the | 9 | | restitution has been converted to a civil judgment. | 10 | | Nothing in this subparagraph (C) waives, rescinds, or | 11 | | abrogates a legal financial obligation or otherwise | 12 | | eliminates or affects the right of the holder of any | 13 | | financial obligation to pursue collection under | 14 | | applicable federal, State, or local law. | 15 | | (7) Hearings. If an objection is filed, the court | 16 | | shall set a date for a hearing and notify the petitioner | 17 | | and all parties entitled to notice of the petition of the | 18 | | hearing date at least 30 days prior to the hearing. Prior | 19 | | to the hearing, the State's Attorney shall consult with | 20 | | the Department as to the appropriateness of the relief | 21 | | sought in the petition to expunge or seal. At the hearing, | 22 | | the court shall hear evidence on whether the petition | 23 | | should or should not be granted, and shall grant or deny | 24 | | the petition to expunge or seal the records based on the | 25 | | evidence presented at the hearing. The court may consider | 26 | | the following: |
| | | HB0434 Engrossed | - 23 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (A) the strength of the evidence supporting the | 2 | | defendant's conviction; | 3 | | (B) the reasons for retention of the conviction | 4 | | records by the State; | 5 | | (C) the petitioner's age, criminal record history, | 6 | | and employment history; | 7 | | (D) the period of time between the petitioner's | 8 | | arrest on the charge resulting in the conviction and | 9 | | the filing of the petition under this Section; and | 10 | | (E) the specific adverse consequences the | 11 | | petitioner may be subject to if the petition is | 12 | | denied. | 13 | | (8) Service of order. After entering an order to | 14 | | expunge or
seal records, the court must provide copies of | 15 | | the order to the
Department, in a form and manner | 16 | | prescribed by the Department,
to the petitioner, to the | 17 | | State's Attorney or prosecutor
charged with the duty of | 18 | | prosecuting the offense, to the
arresting agency, to the | 19 | | chief legal officer of the unit of
local government | 20 | | effecting the arrest, and to such other
criminal justice | 21 | | agencies as may be ordered by the court. | 22 | | (9) Implementation of order. | 23 | | (A) Upon entry of an order to expunge records | 24 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 25 | | (i) the records shall be expunged (as defined | 26 | | in subsection (a)(1)(E)) by the arresting agency, |
| | | HB0434 Engrossed | - 24 - | LRB102 04268 RLC 14286 b |
|
| 1 | | the Department, and any other agency as ordered by | 2 | | the court, within 60 days of the date of service of | 3 | | the order, unless a motion to vacate, modify, or | 4 | | reconsider the order is filed pursuant to | 5 | | paragraph (12) of subsection (d) of this Section; | 6 | | (ii) the records of the circuit court clerk | 7 | | shall be impounded until further order of the | 8 | | court upon good cause shown and the name of the | 9 | | petitioner obliterated on the official index | 10 | | required to be kept by the circuit court clerk | 11 | | under Section 16 of the Clerks of Courts Act, but | 12 | | the order shall not affect any index issued by the | 13 | | circuit court clerk before the entry of the order; | 14 | | and | 15 | | (iii) in response to an inquiry for expunged | 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) Upon entry of an order to expunge records | 21 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 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 |
| | | HB0434 Engrossed | - 25 - | LRB102 04268 RLC 14286 b |
|
| 1 | | the order is filed pursuant to 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 | 5 | | court 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 | 13 | | of the order as ordered by the court, unless a | 14 | | motion to vacate, modify, or reconsider the order | 15 | | is filed pursuant to paragraph (12) of subsection | 16 | | (d) of this 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 | 21 | | the 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 such records | 26 | | from anyone not authorized by law to access such |
| | | HB0434 Engrossed | - 26 - | LRB102 04268 RLC 14286 b |
|
| 1 | | records, the court, the Department, or the agency | 2 | | receiving such inquiry shall reply as it does in | 3 | | response to inquiries when no records ever | 4 | | existed. | 5 | | (B-5) Upon entry of an order to expunge records | 6 | | under subsection (e-6): | 7 | | (i) the records shall be expunged (as defined | 8 | | in subsection (a)(1)(E)) by the arresting agency | 9 | | and any other agency as ordered by the court, | 10 | | within 60 days of the date of service of the order, | 11 | | unless a motion to vacate, modify, or reconsider | 12 | | the order is filed under paragraph (12) of | 13 | | subsection (d) of this Section; | 14 | | (ii) the records of the circuit court clerk | 15 | | shall be impounded until further order of the | 16 | | court upon good cause shown and the name of the | 17 | | petitioner obliterated on the official index | 18 | | required to be kept by the circuit court clerk | 19 | | under Section 16 of the Clerks of Courts Act, but | 20 | | the order shall not affect any index issued by the | 21 | | circuit court clerk before the entry of the order; | 22 | | (iii) the records shall be impounded by the
| 23 | | Department within 60 days of the date of service | 24 | | of the order as ordered by the court, unless a | 25 | | motion to vacate, modify, or reconsider the order | 26 | | is filed under paragraph (12) of subsection (d) of |
| | | HB0434 Engrossed | - 27 - | LRB102 04268 RLC 14286 b |
|
| 1 | | this Section; | 2 | | (iv) records impounded by the Department may | 3 | | be disseminated by the Department only as required | 4 | | by law or to the arresting authority, the State's | 5 | | Attorney, and the court upon a later arrest for | 6 | | the same or a similar offense or for the purpose of | 7 | | sentencing for any subsequent felony, and to the | 8 | | Department of Corrections upon conviction for any | 9 | | offense; and | 10 | | (v) in response to an inquiry for these | 11 | | records from anyone not authorized by law to | 12 | | access the records, the court, the Department, or | 13 | | the agency receiving the inquiry shall reply as it | 14 | | does in response to inquiries when no records ever | 15 | | existed. | 16 | | (C) Upon entry of an order to seal records under | 17 | | subsection
(c), the arresting agency, any other agency | 18 | | as ordered by the court, the Department, and the court | 19 | | shall seal the records (as defined in subsection | 20 | | (a)(1)(K)). In response to an inquiry for such | 21 | | records, from anyone not authorized by law to access | 22 | | such 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 existed. | 25 | | (D) The Department shall send written notice to | 26 | | the petitioner of its compliance with each order to |
| | | HB0434 Engrossed | - 28 - | LRB102 04268 RLC 14286 b |
|
| 1 | | expunge or seal records within 60 days of the date of | 2 | | service of that order or, if a motion to vacate, | 3 | | modify, or reconsider is filed, within 60 days of | 4 | | service of the order resolving the motion, if that | 5 | | order requires the Department to expunge or seal | 6 | | records. In the event of an appeal from the circuit | 7 | | court order, the Department shall send written notice | 8 | | to the petitioner of its compliance with an Appellate | 9 | | Court or Supreme Court judgment to expunge or seal | 10 | | records within 60 days of the issuance of the court's | 11 | | mandate. The notice is not required while any motion | 12 | | to vacate, modify, or reconsider, or any appeal or | 13 | | petition for discretionary appellate review, is | 14 | | pending. | 15 | | (E) Upon motion, the court may order that a sealed | 16 | | judgment or other court record necessary to | 17 | | demonstrate the amount of any legal financial | 18 | | obligation due and owing be made available for the | 19 | | limited purpose of collecting any legal financial | 20 | | obligations owed by the petitioner that were | 21 | | established, imposed, or originated in the criminal | 22 | | proceeding for which those records have been sealed. | 23 | | The records made available under this subparagraph (E) | 24 | | shall not be entered into the official index required | 25 | | to be kept by the circuit court clerk under Section 16 | 26 | | of the Clerks of Courts Act and shall be immediately |
| | | HB0434 Engrossed | - 29 - | LRB102 04268 RLC 14286 b |
|
| 1 | | re-impounded upon the collection of the outstanding | 2 | | financial obligations. | 3 | | (F) Notwithstanding any other provision of this | 4 | | Section, a circuit court clerk may access a sealed | 5 | | record for the limited purpose of collecting payment | 6 | | for any legal financial obligations that were | 7 | | established, imposed, or originated in the criminal | 8 | | proceedings for which those records have been sealed. | 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 | 13 | | court clerk may charge a fee equivalent to the cost | 14 | | associated with the sealing or expungement of records by | 15 | | the circuit court clerk. From the total filing fee | 16 | | collected for the petition to seal or expunge, the circuit | 17 | | court clerk shall deposit $10 into the Circuit Court Clerk | 18 | | Operation and Administrative Fund, to be used to offset | 19 | | the costs incurred by the circuit court clerk in | 20 | | performing the additional duties required to serve the | 21 | | petition to seal or expunge on all parties. The circuit | 22 | | court clerk shall collect and forward the Department of | 23 | | State Police portion of the fee to the Department and it | 24 | | shall be deposited in the State Police Services Fund. If | 25 | | the record brought under an expungement petition was | 26 | | previously sealed under this Section, the fee for the |
| | | HB0434 Engrossed | - 30 - | LRB102 04268 RLC 14286 b |
|
| 1 | | expungement petition for that same record shall be waived. | 2 | | (11) Final Order. No court order issued under the | 3 | | expungement or sealing provisions of this Section shall | 4 | | become final for purposes of appeal until 30 days after | 5 | | service of the order on the petitioner and all parties | 6 | | entitled to notice of the petition. | 7 | | (12) Motion to Vacate, Modify, or Reconsider. Under | 8 | | Section 2-1203 of the Code of Civil Procedure, the | 9 | | petitioner or any party entitled to notice may file a | 10 | | motion to vacate, modify, or reconsider the order granting | 11 | | or denying the petition to expunge or seal within 60 days | 12 | | of service of the order. If filed more than 60 days after | 13 | | service of the order, a petition to vacate, modify, or | 14 | | reconsider shall comply with subsection (c) of Section | 15 | | 2-1401 of the Code of Civil Procedure. Upon filing of a | 16 | | motion to vacate, modify, or reconsider, notice of the | 17 | | motion shall be served upon the petitioner and all parties | 18 | | entitled to notice of the petition. | 19 | | (13) Effect of Order. An order granting a petition | 20 | | under the expungement or sealing provisions of this | 21 | | Section shall not be considered void because it fails to | 22 | | comply with the provisions of this Section or because of | 23 | | any error asserted in a motion to vacate, modify, or | 24 | | reconsider. The circuit court retains jurisdiction to | 25 | | determine whether the order is voidable and to vacate, | 26 | | modify, or reconsider its terms based on a motion filed |
| | | HB0434 Engrossed | - 31 - | LRB102 04268 RLC 14286 b |
|
| 1 | | under paragraph (12) of this subsection (d). | 2 | | (14) Compliance with Order Granting Petition to Seal | 3 | | Records. Unless a court has entered a stay of an order | 4 | | granting a petition to seal, all parties entitled to | 5 | | notice of the petition must fully comply with the terms of | 6 | | the order within 60 days of service of the order even if a | 7 | | party is seeking relief from the order through a motion | 8 | | filed under paragraph (12) of this subsection (d) or is | 9 | | appealing the order. | 10 | | (15) Compliance with Order Granting Petition to | 11 | | Expunge Records. While a party is seeking relief from the | 12 | | order granting the petition to expunge through a motion | 13 | | filed under paragraph (12) of this subsection (d) or is | 14 | | appealing the order, and unless a court has entered a stay | 15 | | of that order, the parties entitled to notice of the | 16 | | petition must seal, but need not expunge, the records | 17 | | until there is a final order on the motion for relief or, | 18 | | in the case of an appeal, the issuance of that court's | 19 | | mandate. | 20 | | (16) The changes to this subsection (d) made by Public | 21 | | Act 98-163 apply to all petitions pending on August 5, | 22 | | 2013 (the effective date of Public Act 98-163) and to all | 23 | | orders ruling on a petition to expunge or seal on or after | 24 | | August 5, 2013 (the effective date of Public Act 98-163). | 25 | | (e) Whenever a person who has been convicted of an offense | 26 | | is granted
a pardon by the Governor which specifically |
| | | HB0434 Engrossed | - 32 - | LRB102 04268 RLC 14286 b |
|
| 1 | | authorizes expungement, he or she may,
upon verified petition | 2 | | to the Chief Judge of the circuit where the person had
been | 3 | | convicted, any judge of the circuit designated by the Chief | 4 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 5 | | presiding trial judge at the
defendant's trial, have a court | 6 | | order entered expunging the record of
arrest from the official | 7 | | records of the arresting authority and order that the
records | 8 | | of the circuit court clerk and the Department be sealed until
| 9 | | further order of the court upon good cause shown or as | 10 | | otherwise provided
herein, and the name of the defendant | 11 | | obliterated from the official index
requested to be kept by | 12 | | the circuit court clerk under Section 16 of the Clerks
of | 13 | | Courts Act in connection with the arrest and conviction for | 14 | | the offense for
which he or she had been pardoned but the order | 15 | | shall not affect any index issued by
the circuit court clerk | 16 | | before the entry of the order. All records sealed by
the | 17 | | Department may be disseminated by the Department only to the | 18 | | arresting authority, the State's Attorney, and the court upon | 19 | | a later
arrest for the same or similar offense or for the | 20 | | purpose of sentencing for any
subsequent felony. Upon | 21 | | conviction for any subsequent offense, the Department
of | 22 | | Corrections shall have access to all sealed records of the | 23 | | Department
pertaining to that individual. Upon entry of the | 24 | | order of expungement, the
circuit court clerk shall promptly | 25 | | mail a copy of the order to the
person who was pardoned. | 26 | | (e-5) Whenever a person who has been convicted of an |
| | | HB0434 Engrossed | - 33 - | LRB102 04268 RLC 14286 b |
|
| 1 | | offense is granted a certificate of eligibility for sealing by | 2 | | the Prisoner Review Board which specifically authorizes | 3 | | sealing, he or she may, upon verified petition to the Chief | 4 | | Judge of the circuit where the person had been convicted, any | 5 | | judge of the circuit designated by the Chief Judge, or in | 6 | | counties of less than 3,000,000 inhabitants, the presiding | 7 | | trial judge at the petitioner's trial, have a court order | 8 | | entered sealing the record of arrest from the official records | 9 | | of the arresting authority and order that the records of the | 10 | | circuit court clerk and the Department be sealed until further | 11 | | order of the court upon good cause shown or as otherwise | 12 | | provided herein, and the name of the petitioner obliterated | 13 | | from the official index requested to be kept by the circuit | 14 | | court clerk under Section 16 of the Clerks of Courts Act in | 15 | | connection with the arrest and conviction for the offense for | 16 | | which he or she had been granted the certificate but the order | 17 | | shall not affect any index issued by the circuit court clerk | 18 | | before the entry of the order. All records sealed by the | 19 | | Department may be disseminated by the Department only as | 20 | | required by this Act or to the arresting authority, a law | 21 | | enforcement agency, the State's Attorney, and the court upon a | 22 | | later arrest for the same or similar offense or for the purpose | 23 | | of sentencing for any subsequent felony. Upon conviction for | 24 | | any subsequent offense, the Department of Corrections shall | 25 | | have access to all sealed records of the Department pertaining | 26 | | to that individual. Upon entry of the order of sealing, the |
| | | HB0434 Engrossed | - 34 - | LRB102 04268 RLC 14286 b |
|
| 1 | | circuit court clerk shall promptly mail a copy of the order to | 2 | | the person who was granted the certificate of eligibility for | 3 | | sealing. | 4 | | (e-6) Whenever a person who has been convicted of an | 5 | | offense is granted a certificate of eligibility for | 6 | | expungement by the Prisoner Review Board which specifically | 7 | | authorizes expungement, he or she may, upon verified petition | 8 | | to the Chief Judge of the circuit where the person had been | 9 | | convicted, any judge of the circuit designated by the Chief | 10 | | Judge, or in counties of less than 3,000,000 inhabitants, the | 11 | | presiding trial judge at the petitioner's trial, have a court | 12 | | order entered expunging the record of arrest from the official | 13 | | records of the arresting authority and order that the records | 14 | | of the circuit court clerk and the Department be sealed until | 15 | | further order of the court upon good cause shown or as | 16 | | otherwise provided herein, and the name of the petitioner | 17 | | obliterated from the official index requested to be kept by | 18 | | the circuit court clerk under Section 16 of the Clerks of | 19 | | Courts Act in connection with the arrest and conviction for | 20 | | the offense for which he or she had been granted the | 21 | | certificate but the order shall not affect any index issued by | 22 | | the circuit court clerk before the entry of the order. All | 23 | | records sealed by the Department may be disseminated by the | 24 | | Department only as required by this Act or to the arresting | 25 | | authority, a law enforcement agency, the State's Attorney, and | 26 | | the court upon a later arrest for the same or similar offense |
| | | HB0434 Engrossed | - 35 - | LRB102 04268 RLC 14286 b |
|
| 1 | | or for the purpose of sentencing for any subsequent felony. | 2 | | Upon conviction for any subsequent offense, the Department of | 3 | | Corrections shall have access to all expunged records of the | 4 | | Department pertaining to that individual. Upon entry of the | 5 | | order of expungement, the circuit court clerk shall promptly | 6 | | mail a copy of the order to the person who was granted the | 7 | | certificate of eligibility for expungement. | 8 | | (f) Subject to available funding, the Illinois Department
| 9 | | of Corrections shall conduct a study of the impact of sealing,
| 10 | | especially on employment and recidivism rates, utilizing a
| 11 | | random sample of those who apply for the sealing of their
| 12 | | criminal records under Public Act 93-211. At the request of | 13 | | the
Illinois Department of Corrections, records of the | 14 | | Illinois
Department of Employment Security shall be utilized | 15 | | as
appropriate to assist in the study. The study shall not
| 16 | | disclose any data in a manner that would allow the
| 17 | | identification of any particular individual or employing unit.
| 18 | | The study shall be made available to the General Assembly no
| 19 | | later than September 1, 2010.
| 20 | | (g) Immediate Expungement or Sealing. | 21 | | (1) Applicability. Notwithstanding any other provision | 22 | | of this Act to the contrary, and cumulative with any | 23 | | rights to expungement or sealing of criminal records, this | 24 | | subsection authorizes the immediate expunging or sealing | 25 | | of criminal records of adults and of minors prosecuted as | 26 | | adults. |
| | | HB0434 Engrossed | - 36 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (2) Eligible Records. Arrests or charges not initiated | 2 | | by arrest resulting in acquittal or dismissal with | 3 | | prejudice, except as excluded by subsection (a)(3)(B), | 4 | | that occur on or after January 1, 2018 (the effective date | 5 | | of Public Act 100-282), may be sealed immediately if the | 6 | | petition is filed with the circuit court clerk on the same | 7 | | day and during the same hearing in which the case is | 8 | | disposed. | 9 | | (2.1) Arrests or charges not initiated
by arrest | 10 | | resulting in acquittal or dismissal with
prejudice, except | 11 | | as excluded by subsection (a)(3)(B),
that occur on or | 12 | | after January 1, 2018 (the effective date
of Public Act | 13 | | 100-282), may be expunged immediately if the petition is | 14 | | filed with the circuit
court clerk on the same day and | 15 | | during the same hearing in
which the case is disposed, | 16 | | except records concerning the offenses of criminal sexual | 17 | | assault, aggravated criminal sexual assault, predatory | 18 | | criminal sexual assault of a child, criminal sexual abuse, | 19 | | aggravated criminal sexual abuse, domestic battery, | 20 | | aggravated domestic battery, a violation of an order of | 21 | | protection, a violation of a civil no contact order, or a | 22 | | violation of a stalking no contact order may not be | 23 | | expunged immediately. | 24 | | (3) When Records are Eligible to be Immediately | 25 | | Expunged or Sealed. Eligible records under paragraph (2) | 26 | | of this subsection (g) may be expunged or sealed |
| | | HB0434 Engrossed | - 37 - | LRB102 04268 RLC 14286 b |
|
| 1 | | immediately after entry of the final disposition of a | 2 | | case, notwithstanding the disposition of other charges in | 3 | | the same case. | 4 | | (4) Notice of Eligibility for Immediate Expungement or | 5 | | Sealing. Upon entry of a disposition for an eligible | 6 | | record under this subsection (g), the defendant shall be | 7 | | informed by the court of his or her right to have eligible | 8 | | records immediately expunged or sealed and the procedure | 9 | | for the immediate expungement or sealing of these records. | 10 | | (5) Procedure. The following procedures apply to | 11 | | immediate expungement or sealing under this subsection | 12 | | (g). | 13 | | (A) Filing the Petition. Upon entry of the final | 14 | | disposition of the case, the defendant's attorney may | 15 | | immediately petition the court, on behalf of the | 16 | | defendant, for immediate expungement or sealing of | 17 | | eligible records under paragraph (2) of this | 18 | | subsection (g) that are entered on or after January 1, | 19 | | 2018 (the effective date of Public Act 100-282). The | 20 | | immediate expungement or sealing petition may be filed | 21 | | with the circuit court clerk during the hearing in | 22 | | which the final disposition of the case is entered. If | 23 | | the defendant's attorney does not file the petition | 24 | | for immediate expungement or sealing during the | 25 | | hearing, the defendant may file a petition for | 26 | | expungement or sealing at any time as authorized under |
| | | HB0434 Engrossed | - 38 - | LRB102 04268 RLC 14286 b |
|
| 1 | | item (b)(2)(A) or subsection (c)(3)(A). | 2 | | (B) Contents of Petition. The immediate | 3 | | expungement or sealing petition shall be verified and | 4 | | shall contain the petitioner's name, date of birth, | 5 | | current address, and for each eligible record, the | 6 | | case number, the date of arrest if applicable, the | 7 | | identity of the arresting authority if applicable, and | 8 | | other information as the court may require. | 9 | | (C) Drug Test. The petitioner shall not be | 10 | | required to attach proof that he or she has passed a | 11 | | drug test. | 12 | | (D) Service of Petition. A copy of the petition | 13 | | shall be served on the State's Attorney in open court. | 14 | | The petitioner shall not be required to serve a copy of | 15 | | the petition on any other agency. | 16 | | (E) Entry of Order. The presiding trial judge | 17 | | shall enter an order granting or denying the petition | 18 | | for immediate expungement or sealing during the | 19 | | hearing in which it is filed. Petitions for immediate | 20 | | expungement or sealing shall be ruled on in the same | 21 | | hearing in which the final disposition of the case is | 22 | | entered. | 23 | | (F) Hearings. The court shall hear the petition | 24 | | for immediate expungement or sealing on the same day | 25 | | and during the same hearing in which the disposition | 26 | | is rendered. |
| | | HB0434 Engrossed | - 39 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (G) Service of Order. An order to immediately | 2 | | expunge or seal eligible records shall be served in | 3 | | conformance with paragraph (8) of subsection (d) | 4 | | subsection (d)(8) . | 5 | | (H) Implementation of Order. An order to | 6 | | immediately expunge or seal records shall be | 7 | | implemented in conformance with subsections (d)(6)(B),
| 8 | | 26 (d)(9)(A)(i), (d)(9)(A)(ii), (d)(9)(A)(iii), | 9 | | (d)(9)(C) , and (d)(9)(D). | 10 | | (I) Fees. The fee imposed by the circuit court | 11 | | clerk and the Department of State Police shall comply | 12 | | with paragraph (1) of subsection (d) of this Section. | 13 | | (J) Final Order. No court order issued under this | 14 | | subsection (g) shall become final for purposes of | 15 | | appeal until 30 days after service of the order on the | 16 | | petitioner and all parties entitled to service of the | 17 | | order in conformance with subsection (d)(8). | 18 | | (K) Motion to Vacate, Modify, or Reconsider. Under | 19 | | Section 2-1203 of the Code of Civil Procedure, the | 20 | | petitioner, State's Attorney, or the Department of | 21 | | State Police may file a motion to vacate, modify, or | 22 | | reconsider the order denying the petition to | 23 | | immediately expunge or seal within 60 days of service | 24 | | of the order. If filed more than 60 days after service | 25 | | of the order, a petition to vacate, modify, or | 26 | | reconsider shall comply with subsection (c) of Section |
| | | HB0434 Engrossed | - 40 - | LRB102 04268 RLC 14286 b |
|
| 1 | | 2-1401 of the Code of Civil Procedure. | 2 | | (L) Effect of Order. An order granting an | 3 | | immediate expungement or sealing petition shall not be | 4 | | considered void because it fails to comply with the | 5 | | provisions of this Section or because of an error | 6 | | asserted in a motion to vacate, modify, or reconsider. | 7 | | The circuit court retains jurisdiction to determine | 8 | | whether the order is voidable, and to vacate, modify, | 9 | | or reconsider its terms based on a motion filed under | 10 | | subparagraph (L) of this subsection (g). | 11 | | (M) Compliance with Order Granting Petition to | 12 | | Expunge or Seal Records. Unless a court has entered a | 13 | | stay of an order granting a petition to immediately | 14 | | expunge or seal, all parties entitled to service of | 15 | | the order must fully comply with the terms of the order | 16 | | within 60 days of service of the order. | 17 | | (N) Effect of acquittals. Arrests or charges that | 18 | | result in acquittals shall not be used as the basis for | 19 | | penalty enhancements in subsequent criminal | 20 | | prosecutions. | 21 | | (h) Sealing; trafficking victims. | 22 | | (1) A trafficking victim as defined by paragraph (10) | 23 | | of subsection (a) of Section 10-9 of the Criminal Code of | 24 | | 2012 shall be eligible to petition for immediate sealing | 25 | | of his or her criminal record upon the completion of his or | 26 | | her last sentence if his or her participation in the |
| | | HB0434 Engrossed | - 41 - | LRB102 04268 RLC 14286 b |
|
| 1 | | underlying offense was a direct result of human | 2 | | trafficking under Section 10-9 of the Criminal Code of | 3 | | 2012 or a severe form of trafficking under the federal | 4 | | Trafficking Victims Protection Act. | 5 | | (2) A petitioner under this subsection (h), in | 6 | | addition to the requirements provided under paragraph (4) | 7 | | of subsection (d) of this Section, shall include in his or | 8 | | her petition a clear and concise statement that: (A) he or | 9 | | she was a victim of human trafficking at the time of the | 10 | | offense; and (B) that his or her participation in the | 11 | | offense was a direct result of human trafficking under | 12 | | Section 10-9 of the Criminal Code of 2012 or a severe form | 13 | | of trafficking under the federal Trafficking Victims | 14 | | Protection Act. | 15 | | (3) If an objection is filed alleging that the | 16 | | petitioner is not entitled to immediate sealing under this | 17 | | subsection (h), the court shall conduct a hearing under | 18 | | paragraph (7) of subsection (d) of this Section and the | 19 | | court shall determine whether the petitioner is entitled | 20 | | to immediate sealing under this subsection (h). A | 21 | | petitioner is eligible for immediate relief under this | 22 | | subsection (h) if he or she shows, by a preponderance of | 23 | | the evidence, that: (A) he or she was a victim of human | 24 | | trafficking at the time of the offense; and (B) that his or | 25 | | her participation in the offense was a direct result of | 26 | | human trafficking under Section 10-9 of the Criminal Code |
| | | HB0434 Engrossed | - 42 - | LRB102 04268 RLC 14286 b |
|
| 1 | | of 2012 or a severe form of trafficking under the federal | 2 | | Trafficking Victims Protection Act. | 3 | | (i) Minor Cannabis Offenses under the Cannabis Control | 4 | | Act. | 5 | | (1) Expungement of Arrest Records of Minor Cannabis | 6 | | Offenses. | 7 | | (A) The Department of State Police and all law | 8 | | enforcement agencies within the State shall | 9 | | automatically expunge all criminal history records of | 10 | | an arrest, charge not initiated by arrest, order of | 11 | | supervision, or order of qualified probation for a | 12 | | Minor Cannabis Offense committed prior to June 25, | 13 | | 2019 (the effective date of Public Act 101-27) if: | 14 | | (i) One year or more has elapsed since the | 15 | | date of the arrest or law enforcement interaction | 16 | | documented in the records; and | 17 | | (ii) No criminal charges were filed relating | 18 | | to the arrest or law enforcement interaction or | 19 | | criminal charges were filed and subsequently | 20 | | dismissed or vacated or the arrestee was | 21 | | acquitted. | 22 | | (B) If the law enforcement agency is unable to | 23 | | verify satisfaction of condition (ii) in paragraph | 24 | | (A), records that satisfy condition (i) in paragraph | 25 | | (A) shall be automatically expunged. | 26 | | (C) Records shall be expunged by the law |
| | | HB0434 Engrossed | - 43 - | LRB102 04268 RLC 14286 b |
|
| 1 | | enforcement agency under the following timelines: | 2 | | (i) Records created prior to June 25, 2019 | 3 | | (the effective date of Public Act 101-27), but on | 4 | | or after January 1, 2013, shall be automatically | 5 | | expunged prior to January 1, 2021; | 6 | | (ii) Records created prior to January 1, 2013, | 7 | | but on or after January 1, 2000, shall be | 8 | | automatically expunged prior to January 1, 2023; | 9 | | (iii) Records created prior to January 1, 2000 | 10 | | shall be automatically expunged prior to January | 11 | | 1, 2025. | 12 | | In response to an inquiry for expunged records, | 13 | | the law enforcement agency receiving such inquiry | 14 | | shall reply as it does in response to inquiries when no | 15 | | records ever existed; however, it shall provide a | 16 | | certificate of disposition or confirmation that the | 17 | | record was expunged to the individual whose record was | 18 | | expunged if such a record exists. | 19 | | (D) Nothing in this Section shall be construed to | 20 | | restrict or modify an individual's right to have that | 21 | | individual's records expunged except as otherwise may | 22 | | be provided in this Act, or diminish or abrogate any | 23 | | rights or remedies otherwise available to the | 24 | | individual. | 25 | | (2) Pardons Authorizing Expungement of Minor Cannabis | 26 | | Offenses. |
| | | HB0434 Engrossed | - 44 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (A) Upon June 25, 2019 (the effective date of | 2 | | Public Act 101-27), the Department of State Police | 3 | | shall review all criminal history record information | 4 | | and identify all records that meet all of the | 5 | | following criteria: | 6 | | (i) one or more convictions for a Minor | 7 | | Cannabis Offense; | 8 | | (ii) the conviction identified in paragraph | 9 | | (2)(A)(i) did not include a penalty enhancement | 10 | | under Section 7 of the Cannabis Control Act; and | 11 | | (iii) the conviction identified in paragraph | 12 | | (2)(A)(i) is not associated with a conviction for | 13 | | a violent crime as defined in subsection (c) of | 14 | | Section 3 of the Rights of Crime Victims and | 15 | | Witnesses Act. | 16 | | (B) Within 180 days after June 25, 2019 (the | 17 | | effective date of Public Act 101-27), the Department | 18 | | of State Police shall notify the Prisoner Review Board | 19 | | of all such records that meet the criteria established | 20 | | in paragraph (2)(A). | 21 | | (i) The Prisoner Review Board shall notify the | 22 | | State's Attorney of the county of conviction of | 23 | | each record identified by State Police in | 24 | | paragraph (2)(A) that is classified as a Class 4 | 25 | | felony. The State's Attorney may provide a written | 26 | | objection to the Prisoner Review Board on the sole |
| | | HB0434 Engrossed | - 45 - | LRB102 04268 RLC 14286 b |
|
| 1 | | basis that the record identified does not meet the | 2 | | criteria established in paragraph (2)(A). Such an | 3 | | objection must be filed within 60 days or by such | 4 | | later date set by the Prisoner Review Board in the | 5 | | notice after the State's Attorney received notice | 6 | | from the Prisoner Review Board. | 7 | | (ii) In response to a written objection from a | 8 | | State's Attorney, the Prisoner Review Board is | 9 | | authorized to conduct a non-public hearing to | 10 | | evaluate the information provided in the | 11 | | objection. | 12 | | (iii) The Prisoner Review Board shall make a | 13 | | confidential and privileged recommendation to the | 14 | | Governor as to whether to grant a pardon | 15 | | authorizing expungement for each of the records | 16 | | identified by the Department of State Police as | 17 | | described in paragraph (2)(A). | 18 | | (C) If an individual has been granted a pardon | 19 | | authorizing expungement as described in this Section, | 20 | | the Prisoner Review Board, through the Attorney | 21 | | General, shall file a petition for expungement with | 22 | | the Chief Judge of the circuit or any judge of the | 23 | | circuit designated by the Chief Judge where the | 24 | | individual had been convicted. Such petition may | 25 | | include more than one individual. Whenever an | 26 | | individual who has been convicted of an offense is |
| | | HB0434 Engrossed | - 46 - | LRB102 04268 RLC 14286 b |
|
| 1 | | granted a pardon by the Governor that specifically | 2 | | authorizes expungement, an objection to the petition | 3 | | may not be filed. Petitions to expunge under this | 4 | | subsection (i) may include more than one individual. | 5 | | Within 90 days of the filing of such a petition, the | 6 | | court shall enter an order expunging the records of | 7 | | arrest from the official records of the arresting | 8 | | authority and order that the records of the circuit | 9 | | court clerk and the Department of State Police be | 10 | | expunged and the name of the defendant obliterated | 11 | | from the official index requested to be kept by the | 12 | | circuit court clerk under Section 16 of the Clerks of | 13 | | Courts Act in connection with the arrest and | 14 | | conviction for the offense for which the individual | 15 | | had received a pardon but the order shall not affect | 16 | | any index issued by the circuit court clerk before the | 17 | | entry of the order. Upon entry of the order of | 18 | | expungement, the circuit court clerk shall promptly | 19 | | provide a copy of the order and a certificate of | 20 | | disposition to the individual who was pardoned to the | 21 | | individual's last known address or by electronic means | 22 | | (if available) or otherwise make it available to the | 23 | | individual upon request. | 24 | | (D) Nothing in this Section is intended to | 25 | | diminish or abrogate any rights or remedies otherwise | 26 | | available to the individual. |
| | | HB0434 Engrossed | - 47 - | LRB102 04268 RLC 14286 b |
|
| 1 | | (3) Any individual may file a motion to vacate and | 2 | | expunge a conviction for a misdemeanor or Class 4 felony | 3 | | violation of Section 4 or Section 5 of the Cannabis | 4 | | Control Act. Motions to vacate and expunge under this | 5 | | subsection (i) may be filed with the circuit court, Chief | 6 | | Judge of a judicial circuit or any judge of the circuit | 7 | | designated by the Chief Judge. The circuit court clerk | 8 | | shall promptly serve a copy of the motion to vacate and | 9 | | expunge, and any supporting documentation, on the State's | 10 | | Attorney or prosecutor charged with the duty of | 11 | | prosecuting the offense. When considering such a motion to | 12 | | vacate and expunge, a court shall consider the following: | 13 | | the reasons to retain the records provided by law | 14 | | enforcement, the petitioner's age, the petitioner's age at | 15 | | the time of offense, the time since the conviction, and | 16 | | the specific adverse consequences if denied. An individual | 17 | | may file such a petition after the completion of any | 18 | | non-financial sentence or non-financial condition imposed | 19 | | by the conviction. Within 60 days of the filing of such | 20 | | motion, a State's Attorney may file an objection to such a | 21 | | petition along with supporting evidence. If a motion to | 22 | | vacate and expunge is granted, the records shall be | 23 | | expunged in accordance with subparagraphs (d)(8) and | 24 | | (d)(9)(A) of this Section. An agency providing civil legal | 25 | | aid, as defined by Section 15 of the Public Interest | 26 | | Attorney Assistance Act, assisting individuals seeking to |
| | | HB0434 Engrossed | - 48 - | LRB102 04268 RLC 14286 b |
|
| 1 | | file a motion to vacate and expunge under this subsection | 2 | | may file motions to vacate and expunge with the Chief | 3 | | Judge of a judicial circuit or any judge of the circuit | 4 | | designated by the Chief Judge, and the motion may include | 5 | | more than one individual. Motions filed by an agency | 6 | | providing civil legal aid concerning more than one | 7 | | individual may be prepared, presented, and signed | 8 | | electronically. | 9 | | (4) Any State's Attorney may file a motion to vacate | 10 | | and expunge a conviction for a misdemeanor or Class 4 | 11 | | felony violation of Section 4 or Section 5 of the Cannabis | 12 | | Control Act. Motions to vacate and expunge under this | 13 | | subsection (i) may be filed with the circuit court, Chief | 14 | | Judge of a judicial circuit or any judge of the circuit | 15 | | designated by the Chief Judge, and may include more than | 16 | | one individual. Motions filed by a State's Attorney | 17 | | concerning more than one individual may be prepared, | 18 | | presented, and signed electronically. When considering | 19 | | such a motion to vacate and expunge, a court shall | 20 | | consider the following: the reasons to retain the records | 21 | | provided by law enforcement, the individual's age, the | 22 | | individual's age at the time of offense, the time since | 23 | | the conviction, and the specific adverse consequences if | 24 | | denied. Upon entry of an order granting a motion to vacate | 25 | | and expunge records pursuant to this Section, the State's | 26 | | Attorney shall notify the Prisoner Review Board within 30 |
| | | HB0434 Engrossed | - 49 - | LRB102 04268 RLC 14286 b |
|
| 1 | | days. Upon entry of the order of expungement, the circuit | 2 | | court clerk shall promptly provide a copy of the order and | 3 | | a certificate of disposition to the individual whose | 4 | | records will be expunged to the individual's last known | 5 | | address or by electronic means (if available) or otherwise | 6 | | make available to the individual upon request. If a motion | 7 | | to vacate and expunge is granted, the records shall be | 8 | | expunged in accordance with subparagraphs (d)(8) and | 9 | | (d)(9)(A) of this Section. | 10 | | (5) In the public interest, the State's Attorney of a | 11 | | county has standing to file motions to vacate and expunge | 12 | | pursuant to this Section in the circuit court with | 13 | | jurisdiction over the underlying conviction. | 14 | | (6) If a person is arrested for a Minor Cannabis | 15 | | Offense as defined in this Section before June 25, 2019 | 16 | | (the effective date of Public Act 101-27) and the person's | 17 | | case is still pending but a sentence has not been imposed, | 18 | | the person may petition the court in which the charges are | 19 | | pending for an order to summarily dismiss those charges | 20 | | against him or her, and expunge all official records of | 21 | | his or her arrest, plea, trial, conviction, incarceration, | 22 | | supervision, or expungement. If the court determines, upon | 23 | | review, that:
(A) the person was arrested before June 25, | 24 | | 2019 (the effective date of Public Act 101-27) for an | 25 | | offense that has been made eligible for expungement;
(B) | 26 | | the case is pending at the time; and
(C) the person has not |
| | | HB0434 Engrossed | - 50 - | LRB102 04268 RLC 14286 b |
|
| 1 | | been sentenced of the minor cannabis violation eligible | 2 | | for expungement under this subsection, the court shall | 3 | | consider the following: the reasons to retain the records | 4 | | provided by law enforcement, the petitioner's age, the | 5 | | petitioner's age at the time of offense, the time since | 6 | | the conviction, and the specific adverse consequences if | 7 | | denied. If a motion to dismiss and expunge is granted, the | 8 | | records shall be expunged in accordance with subparagraph | 9 | | (d)(9)(A) of this Section. | 10 | | (7) A person imprisoned solely as a result of one or | 11 | | more convictions for Minor Cannabis Offenses under this | 12 | | subsection (i) shall be released from incarceration upon | 13 | | the issuance of an order under this subsection. | 14 | | (8) The Department of State Police shall allow a | 15 | | person to use the access and review process, established | 16 | | in the Department of State Police, for verifying that his | 17 | | or her records relating to Minor Cannabis Offenses of the | 18 | | Cannabis Control Act eligible under this Section have been | 19 | | expunged. | 20 | | (9) No conviction vacated pursuant to this Section | 21 | | shall serve as the basis for damages for time unjustly | 22 | | served as provided in the Court of Claims Act. | 23 | | (10) Effect of Expungement. A person's right to | 24 | | expunge an expungeable offense shall not be limited under | 25 | | this Section. The effect of an order of expungement shall | 26 | | be to restore the person to the status he or she occupied |
| | | HB0434 Engrossed | - 51 - | LRB102 04268 RLC 14286 b |
|
| 1 | | before the arrest, charge, or conviction. | 2 | | (11) Information. The Department of State Police shall | 3 | | post general information on its website about the | 4 | | expungement process described in this subsection (i). | 5 | | (Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18; | 6 | | 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff. | 7 | | 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863, | 8 | | eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | 9 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | 10 | | 12-4-19; 101-645, eff. 6-26-20; revised 8-18-20.)
|
|