Public Act 093-1084
 		





SB3007 Enrolled
LRB093 21097 RLC 47145 b






    AN ACT concerning the sealing of criminal records.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Criminal Identification Act is amended  by 
changing Sections 5, 12, and 13 as follows:
 



    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)



    Sec. 5. Arrest reports; expungement. 

    (a) All policing bodies of this State shall furnish to the 
Department,
daily, in the form and detail the Department 
requires, fingerprints and
descriptions of all persons who are 
arrested on charges of violating any penal
statute of this 
State for offenses that are classified as felonies and Class
A 
or B misdemeanors and of all minors of the age of 10 and over 
who have been
arrested for an offense which would be a felony 
if committed by an adult, and
may forward such fingerprints and 
descriptions for minors arrested for Class A
or B misdemeanors.  
Moving or nonmoving traffic violations under the Illinois

Vehicle Code shall not be reported except for violations of 
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
addition, conservation offenses,
as defined in the Supreme 
Court Rule 501(c), that are classified as Class B
misdemeanors 
shall not be reported.

    Whenever an adult or minor prosecuted as an adult,
not 
having previously been convicted of any criminal offense or 
municipal
ordinance violation, charged with a violation of a 
municipal ordinance or a
felony or misdemeanor, is acquitted or 
released without being convicted,
whether the acquittal or 
release occurred before, on, or after the
effective date of 
this amendatory Act of 1991, the Chief Judge of the circuit

wherein the charge was brought, any judge of that circuit 
designated by the
Chief Judge, or in counties of less than 
3,000,000 inhabitants, the presiding
trial judge at the 
defendant's trial may upon verified petition of the
defendant 
order the record of arrest expunged from the official records 
of the
arresting authority and the Department and order that 
the records of the clerk
of the circuit court be sealed until 
further order of the court upon good cause
shown and the name 
of the defendant obliterated on the official index required
to 
be kept by the circuit court clerk under Section 16 of the 
Clerks of Courts
Act, but the order shall not affect any index 
issued by the circuit court clerk
before the entry of the 
order.  The Department may charge the petitioner a fee

equivalent to the cost of processing any order to expunge or 
seal the records,
and the fee shall be deposited into the State 
Police Services Fund.  The
records of those arrests, however, 
that result in a disposition of
supervision for any offense 
shall not be expunged from the records of the
arresting 
authority or the Department nor impounded by the court until 2 
years
after discharge and dismissal of supervision.  Those 
records
that result from a supervision for a violation of 
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
Vehicle Code or a similar provision
of a local ordinance, or 
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
Criminal Code of 1961, or probation under Section 10 of the 
Cannabis
Control Act, Section 410 of the Illinois Controlled 
Substances Act, Section
12-4.3(b)(1) and (2) of the Criminal 
Code of 1961 (as those provisions
existed before their deletion 
by Public Act 89-313), Section 10-102 of the
Illinois 
Alcoholism and Other Drug Dependency Act when the judgment of

conviction has been vacated, Section 40-10 of the Alcoholism 
and Other Drug
Abuse and Dependency Act when the judgment of 
conviction has been vacated,
or Section 10 of the Steroid 
Control Act shall not be expunged from the records
of the 
arresting authority nor impounded by the court until 5 years 
after
termination of probation or supervision.  Those records 
that result from a
supervision for a violation of Section 
11-501 of the Illinois Vehicle Code or
a similar provision of a 
local ordinance, shall not be expunged.  All records
set out 
above may be ordered by the court to be expunged from the 
records of
the arresting authority and impounded by the court 
after 5 years, but shall
not be expunged by the Department, but 
shall, on court order be sealed by the
Department and may be 
disseminated by the Department only as required by law or
to 
the arresting authority, the State's Attorney, and the court 
upon a later
arrest for the same or a similar offense or for 
the purpose of sentencing for
any subsequent felony.  Upon 
conviction for any offense, the Department of
Corrections shall 
have access to all sealed records of the Department
pertaining 
to that individual.

    (a-5) Those records maintained by the Department for 
persons arrested
prior to their 17th birthday shall be expunged 
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

    (b) Whenever a person has been convicted of a crime or of 
the violation of
a municipal ordinance, in the name of a person 
whose identity he has stolen
or otherwise come into possession 
of, the aggrieved person from whom the
identity was stolen or 
otherwise obtained without authorization, upon learning
of the 
person having been arrested using his identity, may, upon 
verified
petition to the chief judge of the circuit wherein the 
arrest was made,
have a court order entered nunc pro tunc by 
the chief judge to correct
the arrest record, conviction 
record, if any, and all official records of the
arresting 
authority, the Department, other criminal justice agencies, 
the
prosecutor, and the trial court concerning such arrest, if 
any, by removing his
name from all such records in connection 
with the arrest and conviction, if
any, and by inserting in the 
records the name of the offender, if known or
ascertainable, in 
lieu of the aggrieved's name.  The records of the
clerk of
the 
circuit court clerk shall be sealed until further order of the 
court upon
good cause shown and the name of the aggrieved 
person obliterated on the
official index required to be kept by 
the circuit court clerk under Section 16
of the Clerks of 
Courts Act, but the order shall not affect any index issued by

the circuit court clerk before the entry of the order.  Nothing 
in this Section
shall limit the Department of State Police or 
other criminal justice agencies
or prosecutors from listing 
under an offender's name the false names he or she
has used.  
For purposes of this Section, convictions for moving and 
nonmoving
traffic violations other than convictions for 
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
the Illinois Vehicle Code shall not be a bar to
expunging the 
record of arrest and court records for
violation of a 
misdemeanor or municipal ordinance.

    (c) Whenever a person who has been convicted of an offense 
is granted
a pardon by the Governor which specifically 
authorizes expungement, he may,
upon verified petition to the 
chief judge of the circuit where the person had
been convicted, 
any judge of the circuit designated by the Chief Judge, or in

counties of less than 3,000,000 inhabitants, the presiding 
trial judge at the
defendant's trial, may have a court order 
entered expunging the record of
arrest from the official 
records of the arresting authority and order that the
records 
of the clerk of the circuit court and the Department be sealed 
until
further order of the court upon good cause shown or as 
otherwise provided
herein, and the name of the defendant 
obliterated from the official index
requested to be kept by the 
circuit court clerk under Section 16 of the Clerks
of Courts 
Act in connection with the arrest and conviction for the 
offense for
which he had been pardoned but the order shall not 
affect any index issued by
the circuit court clerk before the 
entry of the order.  All records sealed by
the Department may be 
disseminated by the Department only as required by law or
to 
the arresting authority, the State's Attorney, and the court 
upon a later
arrest for the same or similar offense or for the 
purpose of sentencing for any
subsequent felony.  Upon 
conviction for any subsequent offense, the Department
of 
Corrections shall have access to all sealed records of the 
Department
pertaining to that individual.  Upon entry of the 
order of expungement, the
clerk of the circuit court shall 
promptly mail a copy of the order to the
person who was 
pardoned.

    (c-5) Whenever a person has been convicted of criminal 
sexual assault,
aggravated criminal sexual assault, predatory 
criminal sexual assault of a
child, criminal sexual abuse, or 
aggravated criminal sexual abuse, the victim
of that offense 
may request that the State's Attorney of the county in which

the conviction occurred file a verified petition with the 
presiding trial judge
at the defendant's trial to have a court 
order entered to seal the records of
the clerk of the circuit 
court in connection with the proceedings of the trial
court 
concerning that offense.  However, the records of the arresting 
authority
and the Department of State Police concerning the 
offense shall not be
sealed.  The court, upon good cause shown, 
shall make the records of the clerk
of the circuit court in 
connection with the proceedings of the trial court
concerning 
the offense available for public inspection.

    (c-6) If a conviction has been set aside on direct review 
or on
collateral attack
and the court determines by clear and 
convincing evidence that the defendant
was factually innocent 
of
the charge, the court shall enter an expungement order as 
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
of Corrections.

    (d) Notice of the petition for subsections (a), (b), and 
(c) shall be
served upon the State's Attorney or prosecutor 
charged with the duty
of prosecuting the offense, the 
Department of State Police, the arresting
agency and the chief 
legal officer of the unit of local government
affecting the 
arrest.  Unless the State's Attorney or prosecutor, the

Department of State Police, the arresting agency or such chief 
legal officer
objects to the petition within 30 days from the 
date of the notice, the
court shall enter an order granting or 
denying the petition. The clerk
of the court shall promptly 
mail a copy of the order to the person, the
arresting agency, 
the prosecutor, the Department of State Police and such
other 
criminal justice agencies as may be ordered by the judge.

    (e) Nothing herein shall prevent the Department of State 
Police from
maintaining all records of any person who is 
admitted to probation upon
terms and conditions and who 
fulfills those terms and conditions pursuant
to Section 10 of 
the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, Section 12-4.3 of the Criminal Code

of 1961, Section 10-102 of the Illinois Alcoholism and Other 
Drug
Dependency Act, Section 40-10 of the Alcoholism and Other 
Drug Abuse and
Dependency Act, or Section 10 of the Steroid 
Control Act. 

    (f) No court order issued under
pursuant to the expungement 
provisions of this
Section shall become final for purposes of 
appeal until 30 days after
notice is received by the 
Department.  Any court order contrary to the
provisions of this 
Section is void.

    (g) Except as otherwise provided in subsection (c-5) of 
this Section,
the court shall not order the sealing or 
expungement of the arrest
records and records of the circuit 
court clerk of any person granted
supervision for or convicted 
of any sexual offense committed against a minor
under 18 years 
of age.  For the purposes of this Section, "sexual offense

committed against a minor" includes but is not limited to the 
offenses of
indecent solicitation of a child or criminal sexual 
abuse when the victim of
such offense is under 18 years of age.

    (h) (1) Applicability. Notwithstanding any other provision 
of this Act to the contrary and cumulative with any rights to 
expungement of criminal records, this subsection authorizes 
the  sealing of criminal records of adults and of minors 
prosecuted as adults.
    (2) Sealable offenses. The following offenses may be 
sealed:
        (A) All municipal ordinance violations and 
    misdemeanors, with the exception of the following:
            (i) violations of Section 11-501 of the Illinois 
        Vehicle Code or a similar provision of a local 
        ordinance;
            (ii) violations of Article 11 of the Criminal Code 
        of 1961 or a similar provision of a local ordinance, 
        except Section 11-14 of the Criminal Code of 1961 as 
        provided in clause B(i) of this subsection (h);
            (iii) violations of Section 12-15, 12-30, or 26-5 
        of the Criminal Code of 1961 or a similar provision of 
        a local ordinance;
            (iv) violations that are a crime of violence as 
        defined in Section 2 of the Crime Victims Compensation 
        Act or a similar provision of a local ordinance;
            (v) Class A misdemeanor violations of the Humane 
        Care for Animals Act; and
            (vi) any offense or attempted offense that would 
        subject a person to registration under the Sex Offender 
        Registration Act.
        (B) Misdemeanor and Class 4 felony violations of:
            (i) Section 11-14 of the Criminal Code of 1961;
            (ii) Section 4 of the Cannabis Control Act;
            (iii) Section 402 of the Illinois Controlled 
        Substances Act; and
            (iv) However, for purposes of this subsection (h), 
        a sentence of first offender probation under Section 10 
        of the Cannabis Control Act and Section 410 of the 
        Illinois Controlled Substances Act shall be treated as 
        a Class 4 felony conviction.
    (3) Requirements for sealing. Records identified as 
sealable under clause (h) (2) may be sealed when the individual 
was:
        (A) Acquitted of the offense or offenses or released 
    without being convicted.
        (B) Convicted of the offense or offenses and the 
    conviction or convictions were reversed.
        (C) Placed on misdemeanor supervision for an offense or 
    offenses; and
            (i) at least 3 years have elapsed since the 
        completion of the term of supervision, or terms of 
        supervision, if more than one term has been ordered; 
        and
            (ii)  the individual has not been convicted of a 
        felony or misdemeanor or placed on supervision for a 
        misdemeanor or felony during the period specified in 
        clause (i).
        (D) Convicted of an offense or offenses; and
            (i)   at least 4 years have elapsed since the last 
        such conviction or term of any sentence, probation, 
        parole, or supervision, if any, whichever is last in 
        time; and
            (ii)  the individual has not been convicted of a 
        felony or misdemeanor or placed on supervision for a 
        misdemeanor or felony during the period specified in 
        clause (i).
    (4) Requirements for sealing of records when more than one 
charge and disposition have been filed. When multiple offenses 
are petitioned to be sealed under this subsection (h), the 
requirements of the relevant provisions of clauses (h)(3)(A) 
through (D) each apply.  In instances in which more than one 
waiting period is applicable under clauses (h)(C)(i) and (ii) 
and (h)(D)(i) and (ii), the longer applicable period applies, 
and the requirements of clause (h) (3) shall be considered met 
when the petition is filed after the passage of the longer 
applicable waiting period. That period commences on the date of 
the completion of the last sentence or the end of supervision, 
probation, or parole, whichever is last in time.
    (5) Subsequent convictions. A person may not have 
subsequent felony conviction records sealed as provided in this 
subsection (h) if he or she is convicted of any felony offense 
after the date of the sealing of prior felony records as 
provided in this subsection (h).
    (6) Notice of eligibility for sealing. Upon acquittal, 
release without conviction, or being  placed on supervision for 
a sealable offense, or upon conviction of a sealable offense, 
the person shall be informed by the court of the right to have 
the records sealed and the procedures for the sealing of the 
records.
    (7) Procedure.  Upon becoming eligible for the sealing of 
records under this subsection (h),  the person who seeks the 
sealing of his or her records shall file a petition requesting 
the sealing of records with the clerk of the court where the 
charge or charges were brought. The records may be sealed by 
the Chief Judge of the circuit wherein the charge was brought, 
any judge of that circuit designated by the Chief Judge, or in 
counties of less than 3,000,000 inhabitants, the presiding 
trial judge at the defendant's trial, if any. If charges were 
brought in multiple jurisdictions, a petition must be filed in 
each such jurisdiction. The petitioner shall pay the applicable 
fee, if not waived.
        (A) Contents of petition. The petition  shall contain 
    the petitioner's name, date of birth, current address, each 
    charge, each case number, the date of each charge, the 
    identity of the arresting authority,  and such other 
    information as the court may require.   During the pendency 
    of the proceeding, the petitioner shall promptly notify the 
    clerk of the court of any change of address.
        (B) Drug test.  A person filing a petition to have his 
    or her records sealed for a Class 4 felony violation of 
    Section 4 of the Cannabis Control Act or for a Class 4 
    felony violation of Section 402 of the Illinois Controlled 
    Substances Act must attach to the petition proof that the 
    petitioner has passed a test taken within the previous 30 
    days before the filing of the petition showing the absence 
    within his or her body of all illegal substances in 
    violation of either the Illinois Controlled Substances Act 
    or the Cannabis Control Act.
        (C) Service of petition. The clerk shall promptly serve 
    a copy of the petition on the State's Attorney or 
    prosecutor charged with the duty of prosecuting the 
    offense, the Department of State Police, the arresting 
    agency and the chief legal officer of the unit of local 
    government effecting the arrest.
        (D) Entry of order.  Unless the State's Attorney or 
    prosecutor, the Department of State Police, the arresting 
    agency or such chief legal officer objects to sealing of 
    the records within 90 days of notice the court shall enter 
    an order sealing the defendant's records.
        (E) Hearing upon objection.  If an objection is filed, 
    the court shall set a date for a hearing and notify the 
    petitioner and the parties on whom the petition had been 
    served, and shall hear evidence on whether the sealing of 
    the records should or should not be granted, and shall make 
    a determination on whether to issue an order to seal the 
    records based on the evidence presented at the hearing.
        (F) Service of order. After entering the order to seal 
    records, the court must provide copies of the order to the 
    Department, in a form and manner prescribed by the 
    Department, to the petitioner, to the State's Attorney or 
    prosecutor charged with the duty of prosecuting the 
    offense, to the arresting agency, to the chief legal 
    officer of the unit of local government effecting the 
    arrest, and to such other criminal justice agencies as may 
    be ordered by the court.
    (8) Fees. Notwithstanding any provision of the Clerk of the 
Courts Act to the contrary, and subject to the approval of the 
county board, the clerk may charge a fee equivalent to the cost 
associated with the sealing of records by the clerk and the 
Department of State Police. The clerk shall forward the 
Department of State Police portion of the fee to the Department 
and it shall be deposited into the State Police Services Fund.

    

    (h) (1) Notwithstanding any other provision of this Act to 
the contrary and cumulative with any rights to expungement of 
criminal records, whenever an adult or minor prosecuted as an 
adult charged with a violation of a municipal ordinance or a 
misdemeanor is acquitted or released without being convicted, 
or if the person is convicted but the conviction is reversed, 
or if the person has been placed on supervision for a 
misdemeanor and has not been convicted of a felony or 
misdemeanor or placed on supervision for a misdemeanor within 3 
years after the acquittal or release or reversal of conviction, 
or the completion of the terms and conditions of the 
supervision, if the acquittal, release, finding of not guilty, 
or reversal of conviction occurred on or after the effective 
date of this amendatory Act of the 93rd General Assembly, the 
Chief Judge of the circuit in which the charge was brought may 
have the official records of the arresting authority, the 
Department, and the clerk of the circuit court sealed 3 years 
after the dismissal of the charge, the finding of not guilty, 
the reversal of conviction, or the completion of the terms and 
conditions of the supervision, except those records are subject 
to inspection and use by the court for the purposes of 
subsequent sentencing for misdemeanor and felony violations 
and inspection and use by law enforcement agencies and State's 
Attorneys or other prosecutors in carrying out the duties of 
their offices. This subsection (h) does not apply to persons 
placed on supervision for: (1) a violation of Section 11 501 of 
the Illinois Vehicle Code or a similar provision of a local 
ordinance; (2) a misdemeanor violation of Article 11 of the 
Criminal Code of 1961 or a similar provision of a local 
ordinance; (3) a misdemeanor violation of Section 12 15, 12 30, 
or 26 5 of the Criminal Code of 1961 or a similar provision of a 
local ordinance; (4) a misdemeanor violation that is a crime of 
violence as defined in Section 2 of the Crime Victims 
Compensation Act or a similar provision of a local ordinance; 
(5) a Class A misdemeanor violation of the Humane Care for 
Animals Act; or (6) any offense or attempted offense that would 
subject a person to registration under the Sex Offender 
Registration Act.
    (2) Upon acquittal, release without conviction, or being 
placed on supervision, the person charged with the offense 
shall be informed by the court of the right to have the records 
sealed and the procedures for the sealing of the records. Three 
years after the dismissal of the charge, the finding of not 
guilty, the reversal of conviction, or the completion of the 
terms and conditions of the supervision, the defendant shall 
provide the clerk of the court with a notice of request for 
sealing of records and payment of the applicable fee and a 
current address and shall promptly notify the clerk of the 
court of any change of address. The clerk shall promptly serve 
notice that the person's records are to be sealed on the 
State's Attorney or prosecutor charged with the duty of 
prosecuting the offense, the Department of State Police, the 
arresting agency and the chief legal officer of the unit of 
local government effecting the arrest. Unless the State's 
Attorney or prosecutor, the Department of State Police, the 
arresting agency or such chief legal officer objects to sealing 
of the records within 90 days of notice the court shall enter 
an order sealing the defendant's records 3 years after the 
dismissal of the charge, the finding of not guilty, the 
reversal of conviction, or the completion of the terms and 
conditions of the supervision. The clerk of the court shall 
promptly serve by mail or in person a copy of the order to the 
person, the arresting agency, the prosecutor, the Department of 
State Police and such other criminal justice agencies as may be 
ordered by the judge. If an objection is filed, the court shall 
set a date for hearing. At the hearing the court shall hear 
evidence on whether the sealing of the records should or should 
not be granted.
    (3) The clerk may charge a fee equivalent to the cost 
associated with the sealing of records by the clerk and the 
Department of State Police. The clerk shall forward the 
Department of State Police portion of the fee to the Department 
and it shall be deposited into the State Police Services Fund.
    (4) Whenever sealing of records is required under this 
subsection (h), the notification of the sealing must be given 
by the circuit court where the arrest occurred to the 
Department in a form and manner prescribed by the Department.
    (5) An adult or a minor prosecuted as an adult who was 
charged with a violation of a municipal ordinance or a 
misdemeanor who was acquitted, released without being 
convicted, convicted and the conviction was reversed, or placed 
on supervision for a misdemeanor before the date of this 
amendatory Act of the 93rd General Assembly and was not 
convicted of a felony or misdemeanor or placed on supervision 
for a misdemeanor for 3 years after the acquittal or release or 
reversal of conviction, or completion of the terms and 
conditions of the supervision may petition the Chief Judge of 
the circuit in which the charge was brought, any judge of that 
circuit in which the charge was brought, any judge of the 
circuit designated by the Chief Judge, or, in counties of less 
than 3,000,000 inhabitants, the presiding trial judge at that 
defendant's trial, to seal the official records of the 
arresting authority, the Department, and the clerk of the 
court, except those records are subject to inspection and use 
by the court for the purposes of subsequent sentencing for 
misdemeanor and felony violations and inspection and use by law 
enforcement agencies, the Department of Corrections, and 
State's Attorneys and other prosecutors in carrying out the 
duties of their offices. This subsection (h) does not apply to 
persons placed on supervision for: (1) a violation of Section 
11 501 of the Illinois Vehicle Code or a similar provision of a 
local ordinance; (2) a misdemeanor violation of Article 11 of 
the Criminal Code of 1961 or a similar provision of a local 
ordinance; (3) a misdemeanor violation of Section 12 15, 12 30, 
or 26 5 of the Criminal Code of 1961 or a similar provision of a 
local ordinance; (4) a misdemeanor violation that is a crime of 
violence as defined in Section 2 of the Crime Victims 
Compensation Act or a similar provision of a local ordinance; 
(5) a Class A misdemeanor violation of the Humane Care for 
Animals Act; or (6) any offense or attempted offense that would 
subject a person to registration under the Sex Offender 
Registration Act. The State's Attorney or prosecutor charged 
with the duty of prosecuting the offense, the Department of 
State Police, the arresting agency and the chief legal officer 
of the unit of local government effecting the arrest shall be 
served with a copy of the verified petition and shall have 90 
days to object. If an objection is filed, the court shall set a 
date for hearing. At the hearing the court shall hear evidence 
on whether the sealing of the records should or should not be 
granted. The person whose records are sealed under the 
provisions of this Act shall pay to the clerk of the court and 
the Department of State Police a fee equivalent to the cost 
associated with the sealing of records. The fees shall be paid 
to the clerk of the court who shall forward the appropriate 
portion to the Department at the time the court order to seal 
the defendant's record is forwarded to the Department for 
processing. The Department of State Police portion of the fee 
shall be deposited into the State Police Services Fund.
    (i) (1)  any other provision of this Act to the contrary and 
cumulative with any rights to expungement of criminal records, 
whenever an adult or minor prosecuted as an adult charged with 
a violation of a municipal ordinance or a misdemeanor is 
convicted of a misdemeanor and has not been convicted of a 
felony or misdemeanor or placed on supervision for a 
misdemeanor within 4 years after the completion of the 
sentence, if the conviction occurred on or after the effective 
date of this amendatory Act of the 93rd General Assembly, the 
Chief Judge of the circuit in which the charge was brought may 
have the official records of the arresting authority, the 
Department, and the clerk of the circuit court sealed 4 years 
after the completion of the sentence, except those records are 
subject to inspection and use by the court for the purposes of 
subsequent sentencing for misdemeanor and felony violations 
and inspection and use by law enforcement agencies and State's 
Attorneys or other prosecutors in carrying out the duties of 
their offices. This subsection (i) does not apply to persons 
convicted of: (1) a violation of Section 11 501 of the Illinois 
Vehicle Code or a similar provision of a local ordinance; (2) a 
misdemeanor violation of Article 11 of the Criminal Code of 
1961 or a similar provision of a local ordinance; (3) a 
misdemeanor violation of Section 12 15, 12 30, or 26 5 of the 
Criminal Code of 1961 or a similar provision of a local 
ordinance; (4) a misdemeanor violation that is a crime of 
violence as defined in Section 2 of the Crime Victims 
Compensation Act or a similar provision of a local ordinance; 
(5) a Class A misdemeanor violation of the Humane Care for 
Animals Act; or (6) any offense or attempted offense that would 
subject a person to registration under the Sex Offender 
Registration Act.
    (2) Upon the conviction of such offense, the person charged 
with the offense shall be informed by the court of the right to 
have the records sealed and the procedures for the sealing of 
the records. Four years after the completion of the sentence, 
the defendant shall provide the clerk of the court with a 
notice of request for sealing of records and payment of the 
applicable fee and a current address and shall promptly notify 
the clerk of the court of any change of address. The clerk 
shall promptly serve notice that the person's records are to be 
sealed on the State's Attorney or prosecutor charged with the 
duty of prosecuting the offense, the Department of State 
Police, the arresting agency and the chief legal officer of the 
unit of local government effecting the arrest. Unless the 
State's Attorney or prosecutor, the Department of State Police, 
the arresting agency or such chief legal officer objects to 
sealing of the records within 90 days of notice the court shall 
enter an order sealing the defendant's records 4 years after 
the completion of the sentence. The clerk of the court shall 
promptly serve by mail or in person a copy of the order to the 
person, the arresting agency, the prosecutor, the Department of 
State Police and such other criminal justice agencies as may be 
ordered by the judge. If an objection is filed, the court shall 
set a date for hearing. At the hearing the court shall hear 
evidence on whether the sealing of the records should or should 
not be granted.
    (3) The clerk may charge a fee equivalent to the cost 
associated with the sealing of records by the clerk and the 
Department of State Police. The clerk shall forward the 
Department of State Police portion of the fee to the Department 
and it shall be deposited into the State Police Services Fund.
    (4) Whenever sealing of records is required under this 
subsection (i), the notification of the sealing must be given 
by the circuit court where the arrest occurred to the 
Department in a form and manner prescribed by the Department.
    (5) An adult or a minor prosecuted as an adult who was 
charged with a violation of a municipal ordinance or a 
misdemeanor who was convicted of a misdemeanor before the date 
of this amendatory Act of the 93rd General Assembly and was not 
convicted of a felony or misdemeanor or placed on supervision 
for a misdemeanor for 4 years after the completion of the 
sentence may petition the Chief Judge of the circuit in which 
the charge was brought, any judge of that circuit in which the 
charge was brought, any judge of the circuit designated by the 
Chief Judge, or, in counties of less than 3,000,000 
inhabitants, the presiding trial judge at that defendant's 
trial, to seal the official records of the arresting authority, 
the Department, and the clerk of the court, except those 
records are subject to inspection and use by the court for the 
purposes of subsequent sentencing for misdemeanor and felony 
violations and inspection and use by law enforcement agencies, 
the Department of Corrections, and State's Attorneys and other 
prosecutors in carrying out the duties of their offices. This 
subsection (i) does not apply to persons convicted of: (1) a 
violation of Section 11 501 of the Illinois Vehicle Code or a 
similar provision of a local ordinance; (2) a misdemeanor 
violation of Article 11 of the Criminal Code of 1961 or a 
similar provision of a local ordinance; (3) a misdemeanor 
violation of Section 12 15, 12 30, or 26 5 of the Criminal Code 
of 1961 or a similar provision of a local ordinance; (4) a 
misdemeanor violation that is a crime of violence as defined in 
Section 2 of the Crime Victims Compensation Act or a similar 
provision of a local ordinance; (5) a Class A misdemeanor 
violation of the Humane Care for Animals Act; or (6) any 
offense or attempted offense that would subject a person to 
registration under the Sex Offender Registration Act. The 
State's Attorney or prosecutor charged with the duty of 
prosecuting the offense, the Department of State Police, the 
arresting agency and the chief legal officer of the unit of 
local government effecting the arrest shall be served with a 
copy of the verified petition and shall have 90 days to object. 
If an objection is filed, the court shall set a date for 
hearing. At the hearing the court shall hear evidence on 
whether the sealing of the records should or should not be 
granted. The person whose records are sealed under the 
provisions of this Act shall pay to the clerk of the court and 
the Department of State Police a fee equivalent to the cost 
associated with the sealing of records. The fees shall be paid 
to the clerk of the court who shall forward the appropriate 
portion to the Department at the time the court order to seal 
the defendant's record is forwarded to the Department for 
processing. The Department of State Police portion of the fee 
shall be deposited into the State Police Services Fund.
    (i)  Subject to available funding, the Illinois Department 
of Corrections shall conduct a study of the impact of sealing, 
especially on employment and recidivism rates, utilizing a 
random sample of those who apply for the sealing of their 
criminal records under Public Act 93-211, in accordance to 
rules adopted by the Department.  At the request of the Illinois 
Department of Corrections, records of the Illinois Department 
of Employment Security shall be utilized as appropriate to 
assist in the study. The study shall not disclose any data in a 
manner that would allow the identification of any particular 
individual or employing unit. The study shall be made available 
to the General Assembly no later than September 1, 2006.

(Source: P.A. 92-651, eff.
7-11-02; 93-210, eff. 7-18-03; 
93-211, eff. 1-1-04; revised 8-25-03.)

 



    20 ILCS 2630/12)


    Sec. 12. Entry of order; effect of expungement or sealing 
records. 

    (a) Except with respect to law enforcement agencies, the 
Department of
Corrections, State's Attorneys, or other 
prosecutors, and as provided in Section 13 of this Act, an 
expunged or sealed
record may not be considered by any private 
or
public entity in employment matters, certification, 
licensing, revocation
of certification or licensure, or 
registration. Applications for
employment must contain 
specific language which states that the
applicant is not 
obligated to disclose sealed or expunged records of
conviction 
or arrest. Employers may not ask if an applicant has had

records expunged or sealed.

    (b) A person whose records have been sealed or expunged is 
not entitled to
remission of any fines, costs, or other money 
paid as a consequence of
the sealing or expungement. This 
amendatory Act of the 93rd General
Assembly does not affect the 
right of the victim of a crime to prosecute
or defend a civil 
action for damages. Persons engaged in civil litigation

involving criminal records that have been sealed may
petition 
the court to open the records for the limited purpose of using

them in the course of litigation.

(Source: P.A. 93-211, eff. 1-1-04.)

 



    (20 ILCS 2630/13)


    Sec. 13. Retention and release of sealed records
Prohibited 
conduct; misdemeanor; penalty. 
    (a) The Department of State Police shall retain records 
sealed under
subsection
subsections (h)
and (i) of Section 5 
and shall release them only as authorized by this Act. Felony 
records
The sealed under subsection (h) of Section 5
records

shall be used and
disseminated by the Department only as 
otherwise specifically required or authorized by a federal or 
State law, rule, or regulation that requires inquiry into and 
release of criminal records, including, but not limited to, 
subsection (A) of Section 3 of this Act. However, all requests 
for records that have been expunged, sealed, and impounded and 
the use of those records are subject to the provisions of 
Section 2-103 of the Illinois Human Rights Act
allowed by law. 
Upon
conviction for any offense, the Department of Corrections 
shall have
access to all sealed records of the Department 
pertaining to that
individual.
    (b) Notwithstanding the foregoing, all sealed records are 
subject to inspection and use by the court and inspection and 
use by law enforcement agencies and State's Attorneys or other 
prosecutors in carrying out the duties of their offices.

    (c)
(b) The sealed records maintained under subsection (a) 
are exempt from
disclosure under the Freedom of Information 
Act.
    (d) The Department of State Police shall commence the 
sealing of records of felony arrests and felony convictions 
pursuant to the provisions of subsection (h) of Section 5 of 
this Act no later than one year from the date that funds have 
been made available for purposes of establishing the 
technologies necessary to implement the changes made by this 
amendatory Act of the 93rd General Assembly.


(Source: P.A. 93-211, eff. 1-1-04.)


 
    Section 10. The Illinois Human Rights Act is amended  by 
changing Section 2-103 as follows:
 



    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)



    Sec. 2-103. Arrest Record. 

    (A) Unless otherwise authorized by law,
it is a civil 
rights violation for any
employer, employment agency or labor 
organization to inquire
into or to use the fact of an arrest or 
criminal history
record information
ordered expunged, sealed 
or impounded under Section 5 of the Criminal
Identification Act 
as a basis to
refuse to hire, to segregate, or to act
with 
respect to recruitment, hiring, promotion, renewal of 
employment,
selection for training or apprenticeship, 
discharge, discipline, tenure or
terms, privileges or 
conditions of employment.  This Section
does not prohibit a 
State agency, unit of local government or school
district, or 
private organization from requesting or utilizing sealed 
felony
conviction information obtained from the Department of 
State Police under
the provisions of Section 3 of the
Criminal 
Identification Act or under other State or federal laws or 
regulations that require criminal background checks in 
evaluating the qualifications
and character of an employee or a 
prospective employee.

    (B) The prohibition against the use of the fact of an 
arrest contained in
this Section shall not be construed to 
prohibit an employer, employment agency,
or labor organization 
from obtaining or using other information which indicates
that 
a person actually engaged in the conduct for which he or she 
was
arrested.

(Source: P.A. 89-370, eff. 8-18-95.)