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90_HB3781
20 ILCS 2630/5 from Ch. 38, par. 206-5
Amends the Criminal Identification Act. Provides that
the victim of criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a child,
criminal sexual abuse, or aggravated criminal sexual abuse,
may request that the State's Attorney file a petition with
the trial judge to have the court records of the case sealed.
Provides that, upon order of the court for good cause shown,
the records may be made available for public inspection.
Effective January 1, 1999.
LRB9010000RCcd
LRB9010000RCcd
1 AN ACT to amend the Criminal Identification Act by
2 changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended
6 by changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors who have been
15 arrested or taken into custody before their 17th birthday for
16 an offense that if committed by an adult would constitute the
17 offense of unlawful use of weapons under Article 24 of the
18 Criminal Code of 1961, a forcible felony as defined in
19 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
20 greater felony under the Cannabis Control Act, the Illinois
21 Controlled Substances Act, or Chapter 4 of the Illinois
22 Vehicle Code. Moving or nonmoving traffic violations under
23 the Illinois Vehicle Code shall not be reported except for
24 violations of Chapter 4, Section 11-204.1, or Section 11-501
25 of that Code. In addition, conservation offenses, as defined
26 in the Supreme Court Rule 501(c), that are classified as
27 Class B misdemeanors shall not be reported.
28 Whenever an adult or minor prosecuted as an adult, not
29 having previously been convicted of any criminal offense or
30 municipal ordinance violation, charged with a violation of a
31 municipal ordinance or a felony or misdemeanor, is acquitted
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1 or released without being convicted, whether the acquittal or
2 release occurred before, on, or after the effective date of
3 this amendatory Act of 1991, the Chief Judge of the circuit
4 wherein the charge was brought, any judge of that circuit
5 designated by the Chief Judge, or in counties of less than
6 3,000,000 inhabitants, the presiding trial judge at the
7 defendant's trial may upon verified petition of the defendant
8 order the record of arrest expunged from the official records
9 of the arresting authority and the Department and order that
10 the records of the clerk of the circuit court be sealed until
11 further order of the court upon good cause shown and the name
12 of the defendant obliterated on the official index required
13 to be kept by the circuit court clerk under Section 16 of the
14 Clerks of Courts Act, but the order shall not affect any
15 index issued by the circuit court clerk before the entry of
16 the order. The Department may charge the petitioner a fee
17 equivalent to the cost of processing any order to expunge or
18 seal the records, and the fee shall be deposited into the
19 State Police Services Fund. The records of those arrests,
20 however, that result in a disposition of supervision for any
21 offense shall not be expunged from the records of the
22 arresting authority or the Department nor impounded by the
23 court until 2 years after discharge and dismissal of
24 supervision. Those records that result from a supervision
25 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
26 11-503 of the Illinois Vehicle Code or a similar provision of
27 a local ordinance, or for a violation of Section 12-3.2,
28 12-15 or 16A-3 of the Criminal Code of 1961, or probation
29 under Section 10 of the Cannabis Control Act, Section 410 of
30 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
31 and (2) of the Criminal Code of 1961, Section 10-102 of the
32 Illinois Alcoholism and Other Drug Dependency Act when the
33 judgment of conviction has been vacated, Section 40-10 of the
34 Alcoholism and Other Drug Abuse and Dependency Act when the
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1 judgment of conviction has been vacated, or Section 10 of the
2 Steroid Control Act shall not be expunged from the records of
3 the arresting authority nor impounded by the court until 5
4 years after termination of probation or supervision. Those
5 records that result from a supervision for a violation of
6 Section 11-501 of the Illinois Vehicle Code or a similar
7 provision of a local ordinance, shall not be expunged. All
8 records set out above may be ordered by the court to be
9 expunged from the records of the arresting authority and
10 impounded by the court after 5 years, but shall not be
11 expunged by the Department, but shall, on court order be
12 sealed by the Department and may be disseminated by the
13 Department only as required by law or to the arresting
14 authority, the State's Attorney, and the court upon a later
15 arrest for the same or a similar offense or for the purpose
16 of sentencing for any subsequent felony. Upon conviction for
17 any offense, the Department of Corrections shall have access
18 to all sealed records of the Department pertaining to that
19 individual.
20 (b) Whenever a person has been convicted of a crime or
21 of the violation of a municipal ordinance, in the name of a
22 person whose identity he has stolen or otherwise come into
23 possession of, the aggrieved person from whom the identity
24 was stolen or otherwise obtained without authorization, upon
25 learning of the person having been arrested using his
26 identity, may, upon verified petition to the chief judge of
27 the circuit wherein the arrest was made, have a court order
28 entered nunc pro tunc by the chief judge to correct the
29 arrest record, conviction record, if any, and all official
30 records of the arresting authority, the Department, other
31 criminal justice agencies, the prosecutor, and the trial
32 court concerning such arrest, if any, by removing his name
33 from all such records in connection with the arrest and
34 conviction, if any, and by inserting in the records the name
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1 of the offender, if known or ascertainable, in lieu of the
2 aggrieved's name. The records of the clerk of the circuit
3 court clerk shall be sealed until further order of the court
4 upon good cause shown and the name of the aggrieved person
5 obliterated on the official index required to be kept by the
6 circuit court clerk under Section 16 of the Clerks of Courts
7 Act, but the order shall not affect any index issued by the
8 circuit court clerk before the entry of the order. Nothing in
9 this Section shall limit the Department of State Police or
10 other criminal justice agencies or prosecutors from listing
11 under an offender's name the false names he or she has used.
12 For purposes of this Section, convictions for moving and
13 nonmoving traffic violations other than convictions for
14 violations of Chapter 4, Section 11-204.1 or Section 11-501
15 of the Illinois Vehicle Code shall not be a bar to expunging
16 the record of arrest and court records for violation of a
17 misdemeanor or municipal ordinance.
18 (c) Whenever a person who has been convicted of an
19 offense is granted a pardon by the Governor which
20 specifically authorizes expungement, he may, upon verified
21 petition to the chief judge of the circuit where the person
22 had been convicted, any judge of the circuit designated by
23 the Chief Judge, or in counties of less than 3,000,000
24 inhabitants, the presiding trial judge at the defendant's
25 trial, may have a court order entered expunging the record of
26 arrest from the official records of the arresting authority
27 and order that the records of the clerk of the circuit court
28 and the Department be sealed until further order of the court
29 upon good cause shown or as otherwise provided herein, and
30 the name of the defendant obliterated from the official index
31 requested to be kept by the circuit court clerk under Section
32 16 of the Clerks of Courts Act in connection with the arrest
33 and conviction for the offense for which he had been pardoned
34 but the order shall not affect any index issued by the
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1 circuit court clerk before the entry of the order. All
2 records sealed by the Department may be disseminated by the
3 Department only as required by law or to the arresting
4 authority, the States Attorney, and the court upon a later
5 arrest for the same or similar offense or for the purpose of
6 sentencing for any subsequent felony. Upon conviction for
7 any subsequent offense, the Department of Corrections shall
8 have access to all sealed records of the Department
9 pertaining to that individual. Upon entry of the order of
10 expungement, the clerk of the circuit court shall promptly
11 mail a copy of the order to the person who was pardoned.
12 (c-5) Whenever a person has been convicted of criminal
13 sexual assault, aggravated criminal sexual assault, predatory
14 criminal sexual assault of a child, criminal sexual abuse, or
15 aggravated criminal sexual abuse, the victim of that offense
16 may request that the State's Attorney of the county in which
17 the conviction occurred file a verified petition with the
18 presiding trial judge at the defendant's trial to have a
19 court order entered to seal the records of the clerk of the
20 circuit court in connection with the proceedings of the trial
21 court concerning that offense. However, the records of the
22 arresting authority and the Department of State Police
23 concerning the offense shall not be sealed. The court, upon
24 good cause shown, shall make the records of the clerk of the
25 circuit court in connection with the proceedings of the trial
26 court concerning the offense available for public inspection.
27 (d) Notice of the petition for subsections (a), (b), and
28 (c) shall be served upon the State's Attorney or prosecutor
29 charged with the duty of prosecuting the offense, the
30 Department of State Police, the arresting agency and the
31 chief legal officer of the unit of local government affecting
32 the arrest. Unless the State's Attorney or prosecutor, the
33 Department of State Police, the arresting agency or such
34 chief legal officer objects to the petition within 30 days
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1 from the date of the notice, the court shall enter an order
2 granting or denying the petition. The clerk of the court
3 shall promptly mail a copy of the order to the person, the
4 arresting agency, the prosecutor, the Department of State
5 Police and such other criminal justice agencies as may be
6 ordered by the judge.
7 (e) Nothing herein shall prevent the Department of State
8 Police from maintaining all records of any person who is
9 admitted to probation upon terms and conditions and who
10 fulfills those terms and conditions pursuant to Section 10 of
11 the Cannabis Control Act, Section 410 of the Illinois
12 Controlled Substances Act, Section 12-4.3 of the Criminal
13 Code of 1961, Section 10-102 of the Illinois Alcoholism and
14 Other Drug Dependency Act, Section 40-10 of the Alcoholism
15 and Other Drug Abuse and Dependency Act, or Section 10 of the
16 Steroid Control Act.
17 (f) No court order issued pursuant to the expungement
18 provisions of this Section shall become final for purposes of
19 appeal until 30 days after notice is received by the
20 Department. Any court order contrary to the provisions of
21 this Section is void.
22 (g) Except as otherwise provided in subsection (c-5) of
23 this Section, the court shall not order the sealing or
24 expungement of the arrest records and records of the circuit
25 court clerk of any person granted supervision for or
26 convicted of any sexual offense committed against a minor
27 under 18 years of age. For the purposes of this Section,
28 "sexual offense committed against a minor" includes but is
29 not limited to the offenses of indecent solicitation of a
30 child or criminal sexual abuse when the victim of such
31 offense is under 18 years of age.
32 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
33 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
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1 Section 99. Effective date. This Act takes effect
2 January 1, 1999.