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LRB096 19719 RLC 35132 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Identification Act is amended by |
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| changing Sections 5.2 and 13 as follows: |
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| (20 ILCS 2630/5.2) |
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| Sec. 5.2. Expungement and sealing. |
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| (a) General Provisions. |
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| (1) Definitions. In this Act, words and phrases have
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| the meanings set forth in this subsection, except when a
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| particular context clearly requires a different meaning. |
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| (A) The following terms shall have the meanings |
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| ascribed to them in the Unified Code of Corrections, |
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| 730 ILCS 5/5-1-2 through 5/5-1-22: |
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| (i) Business Offense (730 ILCS 5/5-1-2), |
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| (ii) Charge (730 ILCS 5/5-1-3), |
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| (iii) Court (730 ILCS 5/5-1-6), |
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| (iv) Defendant (730 ILCS 5/5-1-7), |
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| (v) Felony (730 ILCS 5/5-1-9), |
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| (vi) Imprisonment (730 ILCS 5/5-1-10), |
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| (vii) Judgment (730 ILCS 5/5-1-12), |
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| (viii) Misdemeanor (730 ILCS 5/5-1-14), |
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| (ix) Offense (730 ILCS 5/5-1-15), |
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LRB096 19719 RLC 35132 b |
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| (x) Parole (730 ILCS 5/5-1-16), |
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| (xi) Petty Offense (730 ILCS 5/5-1-17), |
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| (xii) Probation (730 ILCS 5/5-1-18), |
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| (xiii) Sentence (730 ILCS 5/5-1-19), |
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| (xiv) Supervision (730 ILCS 5/5-1-21), and |
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| (xv) Victim (730 ILCS 5/5-1-22). |
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| (B) As used in this Section, "charge not initiated |
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| by arrest" means a charge (as defined by 730 ILCS |
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| 5/5-1-3) brought against a defendant where the |
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| defendant is not arrested prior to or as a direct |
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| result of the charge. |
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| (C) "Conviction" means a judgment of conviction or |
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| sentence entered upon a plea of guilty or upon a |
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| verdict or finding of guilty of an offense, rendered by |
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| a legally constituted jury or by a court of competent |
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| jurisdiction authorized to try the case without a jury. |
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| An order of supervision successfully completed by the |
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| petitioner is not a conviction. An order of qualified |
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| probation (as defined in subsection (a)(1)(J)) |
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| successfully completed by the petitioner is not a |
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| conviction. An order of supervision or an order of |
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| qualified probation that is terminated |
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| unsatisfactorily is a conviction, unless the |
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| unsatisfactory termination is reversed, vacated, or |
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| modified and the judgment of conviction, if any, is |
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| reversed or vacated. |
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LRB096 19719 RLC 35132 b |
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| (D) "Criminal offense" means a petty offense, |
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| business offense, misdemeanor, felony, or municipal |
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| ordinance violation (as defined in subsection |
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| (a)(1)(H)). As used in this Section, a minor traffic |
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| offense (as defined in subsection (a)(1)(G)) shall not |
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| be considered a criminal offense. |
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| (E) "Expunge" means to physically destroy the |
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| records or return them to the petitioner and to |
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| obliterate the petitioner's name from any official |
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| index or public record, or both. Nothing in this Act |
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| shall require the physical destruction of the circuit |
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| court file, but such records relating to arrests or |
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| charges, or both, ordered expunged shall be impounded |
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| as required by subsections (d)(9)(A)(ii) and |
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| (d)(9)(B)(ii). |
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| (F) As used in this Section, "last sentence" means |
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| the sentence, order of supervision, or order of |
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| qualified probation (as defined by subsection |
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| (a)(1)(J)), for a criminal offense (as defined by |
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| subsection (a)(1)(D)) that terminates last in time in |
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| any jurisdiction, regardless of whether the petitioner |
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| has included the criminal offense for which the |
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| sentence or order of supervision or qualified |
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| probation was imposed in his or her petition. If |
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| multiple sentences, orders of supervision, or orders |
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| of qualified probation terminate on the same day and |
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LRB096 19719 RLC 35132 b |
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| are last in time, they shall be collectively considered |
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| the "last sentence" regardless of whether they were |
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| ordered to run concurrently. |
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| (G) "Minor traffic offense" means a petty offense, |
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| business offense, or Class C misdemeanor under the |
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| Illinois Vehicle Code or a similar provision of a |
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| municipal or local ordinance. |
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| (H) "Municipal ordinance violation" means an |
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| offense defined by a municipal or local ordinance that |
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| is criminal in nature and with which the petitioner was |
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| charged or for which the petitioner was arrested and |
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| released without charging. |
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| (I) "Petitioner" means an adult or a minor |
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| prosecuted as an
adult who has applied for relief under |
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| this Section. |
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| (J) "Qualified probation" means an order of |
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| probation under Section 10 of the Cannabis Control Act, |
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| Section 410 of the Illinois Controlled Substances Act, |
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| Section 70 of the Methamphetamine Control and |
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| Community Protection Act, Section 12-4.3(b)(1) and (2) |
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| of the Criminal Code of 1961 (as those provisions |
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| existed before their deletion by Public Act 89-313), |
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| Section 10-102 of the Illinois Alcoholism and Other |
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| Drug Dependency Act, Section 40-10 of the Alcoholism |
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| and Other Drug Abuse and Dependency Act, or Section 10 |
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| of the Steroid Control Act. For the purpose of this |
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LRB096 19719 RLC 35132 b |
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| Section, "successful completion" of an order of |
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| qualified probation under Section 10-102 of the |
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| Illinois Alcoholism and Other Drug Dependency Act and |
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| Section 40-10 of the Alcoholism and Other Drug Abuse |
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| and Dependency Act means that the probation was |
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| terminated satisfactorily and the judgment of |
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| conviction was vacated. |
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| (K) "Seal" means to physically and electronically |
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| maintain the records, unless the records would |
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| otherwise be destroyed due to age, but to make the |
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| records unavailable without a court order, subject to |
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| the exceptions in Sections 12 and 13 of this Act. The |
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| petitioner's name shall also be obliterated from the |
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| official index required to be kept by the circuit court |
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| clerk under Section 16 of the Clerks of Courts Act, but |
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| any index issued by the circuit court clerk before the |
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| entry of the order to seal shall not be affected. |
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| (L) "Sexual offense committed against a minor" |
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| includes but is
not limited to the offenses of indecent |
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| solicitation of a child
or criminal sexual abuse when |
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| the victim of such offense is
under 18 years of age. |
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| (M) "Terminate" as it relates to a sentence or |
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| order of supervision or qualified probation includes |
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| either satisfactory or unsatisfactory termination of |
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| the sentence, unless otherwise specified in this |
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| Section. |
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LRB096 19719 RLC 35132 b |
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| (2) Minor Traffic Offenses.
Orders of supervision or |
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| convictions for minor traffic offenses shall not affect a |
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| petitioner's eligibility to expunge or seal records |
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| pursuant to this Section. |
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| (3) Exclusions. Except as otherwise provided in |
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| subsections (b)(5), (b)(6), and (e) of this Section, the |
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| court shall not order: |
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| (A) the sealing or expungement of the records of |
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| arrests or charges not initiated by arrest that result |
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| in an order of supervision for or conviction of:
(i) |
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| any sexual offense committed against a
minor; (ii) |
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| Section 11-501 of the Illinois Vehicle Code or a |
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| similar provision of a local ordinance; or (iii) |
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| Section 11-503 of the Illinois Vehicle Code or a |
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| similar provision of a local ordinance. |
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| (B) the sealing or expungement of records of minor |
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| traffic offenses (as defined in subsection (a)(1)(G)), |
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| unless the petitioner was arrested and released |
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| without charging. |
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| (C) the sealing of the records of arrests or |
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| charges not initiated by arrest which result in an |
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| order of supervision, an order of qualified probation |
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| (as defined in subsection (a)(1)(J)), or a conviction |
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| for the following offenses: |
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| (i) offenses included in Article 11 of the |
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| Criminal Code of 1961 or a similar provision of a |
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LRB096 19719 RLC 35132 b |
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| local ordinance, except Section 11-14 of the |
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| Criminal Code of 1961 or a similar provision of a |
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| local ordinance; |
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| (ii) Section 12-15, 12-30, or 26-5 of the |
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| Criminal Code of 1961 or a similar provision of a |
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| local ordinance; |
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| (iii) offenses defined as "crimes of violence" |
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| in Section 2 of the Crime Victims Compensation Act |
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| or a similar provision of a local ordinance; |
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| (iv) offenses which are Class A misdemeanors |
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| under the Humane Care for Animals Act; or |
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| (v) any offense or attempted offense that |
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| would subject a person to registration under the |
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| Sex Offender Registration Act. |
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| (D) the sealing of the records of an arrest which |
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| results in
the petitioner being charged with a felony |
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| offense or records of a charge not initiated by arrest |
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| for a felony offense, regardless of the disposition, |
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| unless: |
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| (i) the charge is amended to a misdemeanor and |
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| is otherwise
eligible to be sealed pursuant to |
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| subsection (c); |
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| (ii) the charge is brought along with another |
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| charge as a part of one case and the charge results |
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| in acquittal, dismissal, or conviction when the |
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| conviction was reversed or vacated, and another |
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LRB096 19719 RLC 35132 b |
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| charge brought in the same case results in a |
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| disposition for a misdemeanor offense that is |
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| eligible to be sealed pursuant to subsection (c) or |
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| a disposition listed in paragraph (i), (iii) or |
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| (iv) of this subsection; |
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| (iii) (ii) the charge results in first |
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| offender probation as set forth in subsection |
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| (c)(2)(E); or |
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| (iv) (iii) the charge is for a Class 4 felony |
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| offense listed in subsection (c)(2)(F) or the |
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| charge is amended to a Class 4 felony offense |
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| listed in subsection (c)(2)(F). Records of arrests |
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| which result in the petitioner being charged with a |
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| Class 4 felony offense listed in subsection |
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| (c)(2)(F), records of charges not initiated by |
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| arrest for Class 4 felony offenses listed in |
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| subsection (c)(2)(F), and records of charges |
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| amended to a Class 4 felony offense listed in |
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| (c)(2)(F) may be sealed, regardless of the |
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| disposition, subject to any waiting periods set |
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| forth in subsection (c)(3). |
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| (b) Expungement. |
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| (1) A petitioner may petition the circuit court to |
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| expunge the
records of his or her arrests and charges not |
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| initiated by arrest when: |
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| (A) He or she has never been convicted of a |
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LRB096 19719 RLC 35132 b |
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| criminal offense; and |
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| (B) Each arrest or charge not initiated by arrest
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| sought to be expunged resulted in:
(i) acquittal, |
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| dismissal, or the petitioner's release without |
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| charging, unless excluded by subsection (a)(3)(B);
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| (ii) a conviction which was vacated or reversed, unless |
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| excluded by subsection (a)(3)(B);
(iii) an order of |
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| supervision and such supervision was successfully |
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| completed by the petitioner, unless excluded by |
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| subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
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| qualified probation (as defined in subsection |
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| (a)(1)(J)) and such probation was successfully |
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| completed by the petitioner. |
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| (2) Time frame for filing a petition to expunge. |
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| (A) When the arrest or charge not initiated by |
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| arrest sought to be expunged resulted in an acquittal, |
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| dismissal, the petitioner's release without charging, |
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| or the reversal or vacation of a conviction, there is |
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| no waiting period to petition for the expungement of |
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| such records. |
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| (B) When the arrest or charge not initiated by |
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| arrest
sought to be expunged resulted in an order of |
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| supervision, successfully
completed by the petitioner, |
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| the following time frames will apply: |
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| (i) Those arrests or charges that resulted in |
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| orders of
supervision under Section 3-707, 3-708, |
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LRB096 19719 RLC 35132 b |
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| 3-710, or 5-401.3 of the Illinois Vehicle Code or a |
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| similar provision of a local ordinance, or under |
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| Section 12-3.2, 12-15 or 16A-3 of the Criminal Code |
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| of 1961 or a similar provision of a local |
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| ordinance , shall not be eligible for expungement |
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| until 5 years have passed following the |
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| satisfactory termination of the supervision. |
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| (ii) Those arrests or charges that resulted in |
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| orders
of supervision for any other offenses shall |
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| not be
eligible for expungement until 2 years have |
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| passed
following the satisfactory termination of |
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| the supervision. |
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| (C) When the arrest or charge not initiated by |
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| arrest sought to
be expunged resulted in an order of |
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| qualified probation, successfully
completed by the |
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| petitioner, such records shall not be eligible for
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| expungement until 5 years have passed following the |
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| satisfactory
termination of the probation. |
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| (3) Those records maintained by the Department for
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| persons arrested prior to their 17th birthday shall be
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| expunged as provided in Section 5-915 of the Juvenile Court
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| Act of 1987. |
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| (4) Whenever a person has been arrested for or |
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| convicted of any
offense, in the name of a person whose |
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| identity he or she has stolen or otherwise
come into |
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| possession of, the aggrieved person from whom the identity
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| was stolen or otherwise obtained without authorization,
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| upon learning of the person having been arrested using his
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| or her identity, may, upon verified petition to the chief |
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| judge of
the circuit wherein the arrest was made, have a |
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| court order
entered nunc pro tunc by the Chief Judge to |
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| correct the
arrest record, conviction record, if any, and |
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| all official
records of the arresting authority, the |
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| Department, other
criminal justice agencies, the |
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| prosecutor, and the trial
court concerning such arrest, if |
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| any, by removing his or her name
from all such records in |
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| connection with the arrest and
conviction, if any, and by |
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| inserting in the records the
name of the offender, if known |
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| or ascertainable, in lieu of
the aggrieved's name. The |
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| records of the circuit court clerk shall be sealed until |
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| further order of
the court upon good cause shown and the |
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| name of the
aggrieved person obliterated on the official |
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| index
required to be kept by the circuit court clerk under
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| Section 16 of the Clerks of Courts Act, but the order shall
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| not affect any index issued by the circuit court clerk
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| before the entry of the order. Nothing in this Section
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| shall limit the Department of State Police or other
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| criminal justice agencies or prosecutors from listing
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| under an offender's name the false names he or she has
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| used. |
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| (5) Whenever a person has been convicted of criminal
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| sexual assault, aggravated criminal sexual assault,
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LRB096 19719 RLC 35132 b |
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| predatory criminal sexual assault of a child, criminal
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| sexual abuse, or aggravated criminal sexual abuse, the
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| victim of that offense may request that the State's
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| Attorney of the county in which the conviction occurred
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| file a verified petition with the presiding trial judge at
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| the petitioner's trial to have a court order entered to |
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| seal
the records of the circuit court clerk in connection
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| with the proceedings of the trial court concerning that
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| offense. However, the records of the arresting authority
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| and the Department of State Police concerning the offense
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| shall not be sealed. The court, upon good cause shown,
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| shall make the records of the circuit court clerk in
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| connection with the proceedings of the trial court
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| concerning the offense available for public inspection. |
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| (6) If a conviction has been set aside on direct review
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| or on collateral attack and the court determines by clear
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| and convincing evidence that the petitioner was factually
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| innocent of the charge, the court shall enter an
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| expungement order as provided in subsection (b) of Section
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| 5-5-4 of the Unified Code of Corrections. |
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| (7) Nothing in this Section shall prevent the |
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| Department of
State Police from maintaining all records of |
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| any person who
is admitted to probation upon terms and |
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| conditions and who
fulfills those terms and conditions |
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| pursuant to Section 10
of the Cannabis Control Act, Section |
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| 410 of the Illinois
Controlled Substances Act, Section 70 |
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LRB096 19719 RLC 35132 b |
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| of the
Methamphetamine Control and Community Protection |
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| Act,
Section 12-4.3 of the Criminal Code of 1961, Section |
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| 10-102
of the Illinois Alcoholism and Other Drug Dependency |
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| Act,
Section 40-10 of the Alcoholism and Other Drug Abuse |
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| and
Dependency Act, or Section 10 of the Steroid Control |
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| Act. |
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| (c) Sealing. |
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| (1) Applicability. Notwithstanding any other provision |
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| of this Act to the contrary, and cumulative with any rights |
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| to expungement of criminal records, this subsection |
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| authorizes the sealing of criminal records of adults and of |
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| minors prosecuted as adults. |
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| (2) Eligible Records. The following records may be |
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| sealed: |
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| (A) All arrests resulting in release without |
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| charging; |
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| (B) Arrests or charges not initiated by arrest |
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| resulting in acquittal, dismissal, or conviction when |
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| the conviction was reversed or vacated, except as |
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| excluded by subsection (a)(3)(B) or (a)(3)(D); |
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| (C) Arrests or charges not initiated by arrest |
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| resulting in orders of supervision successfully |
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| completed by the petitioner, unless excluded by |
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| subsection (a)(3); |
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| (D) Arrests or charges not initiated by arrest |
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| resulting in convictions unless excluded by subsection |
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LRB096 19719 RLC 35132 b |
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| (a)(3); |
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| (E) Arrests or charges not initiated by arrest |
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| resulting in orders of first offender probation under |
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| Section 10 of the Cannabis Control Act, Section 410 of |
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| the Illinois Controlled Substances Act, or Section 70 |
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| of the Methamphetamine Control and Community |
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| Protection Act; and |
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| (F) Arrests or charges not initiated by arrest |
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| resulting in Class 4 felony convictions for the |
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| following offenses: |
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| (i) Section 11-14 of the Criminal Code of 1961; |
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| (ii) Section 4 of the Cannabis Control Act; |
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| (iii) Section 402 of the Illinois Controlled |
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| Substances Act; |
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| (iv) the Methamphetamine Precursor Control |
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| Act; and |
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| (v) the Steroid Control Act. |
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| (3) When Records Are Eligible to Be Sealed. Records |
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| identified as eligible under subsection (c)(2) may be |
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| sealed as follows: |
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| (A) Records identified as eligible under |
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| subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
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| time. |
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| (B) Records identified as eligible under |
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| subsection (c)(2)(C) may be sealed
(i) 3 years after |
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| the termination of petitioner's last sentence (as |
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LRB096 19719 RLC 35132 b |
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| defined in subsection (a)(1)(F)) if the petitioner has |
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| never been convicted of a criminal offense (as defined |
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| in subsection (a)(1)(D)); or
(ii) 4 years after the |
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| termination of the petitioner's last sentence (as |
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| defined in subsection (a)(1)(F)) if the petitioner has |
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| ever been convicted of a criminal offense (as defined |
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| in subsection (a)(1)(D)). |
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| (C) Records identified as eligible under |
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| subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
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| sealed 4 years after the termination of the |
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| petitioner's last sentence (as defined in subsection |
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| (a)(1)(F)). |
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| (4) Subsequent felony convictions. A person may not |
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| have
subsequent felony conviction records sealed as |
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| provided in this subsection
(c) if he or she is convicted |
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| of any felony offense after the date of the
sealing of |
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| prior felony convictions as provided in this subsection |
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| (c). The court may, upon conviction for a subsequent felony |
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| offense, order the unsealing of prior felony conviction |
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| records previously ordered sealed by the court. |
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| (5) Notice of eligibility for sealing. Upon entry of a |
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| disposition for an eligible record under this subsection |
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| (c), the petitioner shall be informed by the court of the |
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| right to have the records sealed and the procedures for the |
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| sealing of the records. |
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| (d) Procedure. The following procedures apply to |
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LRB096 19719 RLC 35132 b |
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| expungement under subsections (b) and (e), and sealing under |
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| subsection (c): |
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| (1) Filing the petition. Upon becoming eligible to |
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| petition for
the expungement or sealing of records under |
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| this Section, the petitioner shall file a petition |
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| requesting the expungement
or sealing of records with the |
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| clerk of the court where the arrests occurred or the |
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| charges were brought, or both. If arrests occurred or |
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| charges were brought in multiple jurisdictions, a petition |
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| must be filed in each such jurisdiction. The petitioner |
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| shall pay the applicable fee, if not waived. |
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| (2) Contents of petition. The petition shall be
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| verified and shall contain the petitioner's name, date of
|
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| birth, current address and, for each arrest or charge not |
15 |
| initiated by
arrest sought to be sealed or expunged, the |
16 |
| case number, the date of
arrest (if any), the identity of |
17 |
| the arresting authority, and such
other information as the |
18 |
| court may require. During the pendency
of the proceeding, |
19 |
| the petitioner shall promptly notify the
circuit court |
20 |
| clerk of any change of his or her address. |
21 |
| (3) Drug test. The petitioner must attach to the |
22 |
| petition proof that the petitioner has passed a test taken |
23 |
| within 30 days before the filing of the petition showing |
24 |
| the absence within his or her body of all illegal |
25 |
| substances as defined by the Illinois Controlled |
26 |
| Substances Act, the Methamphetamine Control and Community |
|
|
|
SB3295 Enrolled |
- 17 - |
LRB096 19719 RLC 35132 b |
|
|
1 |
| Protection Act, and the Cannabis Control Act if he or she |
2 |
| is petitioning to seal felony records pursuant to clause |
3 |
| (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is |
4 |
| petitioning to expunge felony records of a qualified |
5 |
| probation pursuant to clause (b)(1)(B)(iv). |
6 |
| (4) Service of petition. The circuit court clerk shall |
7 |
| promptly
serve a copy of the petition on the State's |
8 |
| Attorney or
prosecutor charged with the duty of prosecuting |
9 |
| the
offense, the Department of State Police, the arresting
|
10 |
| agency and the chief legal officer of the unit of local
|
11 |
| government effecting the arrest. |
12 |
| (5) Objections. |
13 |
| (A) Any party entitled to notice of the petition |
14 |
| may file an objection to the petition. All objections |
15 |
| shall be in writing, shall be filed with the circuit |
16 |
| court clerk, and shall state with specificity the basis |
17 |
| of the objection. |
18 |
| (B) Objections to a petition to expunge or seal |
19 |
| must be filed within 60 days of the date of service of |
20 |
| the petition. |
21 |
| (6) Entry of order. |
22 |
| (A) The Chief Judge of the circuit wherein the |
23 |
| charge was brought, any judge of that circuit |
24 |
| designated by the Chief Judge, or in counties of less |
25 |
| than 3,000,000 inhabitants, the presiding trial judge |
26 |
| at the petitioner's trial, if any, shall rule on the |
|
|
|
SB3295 Enrolled |
- 18 - |
LRB096 19719 RLC 35132 b |
|
|
1 |
| petition to expunge or seal as set forth in this |
2 |
| subsection (d)(6). |
3 |
| (B) Unless the State's Attorney or prosecutor, the |
4 |
| Department of
State Police, the arresting agency, or |
5 |
| the chief legal officer
files an objection to the |
6 |
| petition to expunge or seal within 60 days from the |
7 |
| date of service of the petition, the court shall enter |
8 |
| an order granting or denying the petition. |
9 |
| (7) Hearings. If an objection is filed, the court shall |
10 |
| set a date for a hearing and notify the petitioner and all |
11 |
| parties entitled to notice of the petition of the hearing |
12 |
| date at least 30 days prior to the hearing, and shall hear |
13 |
| evidence on whether the petition should or should not be |
14 |
| granted, and shall grant or deny the petition to expunge or |
15 |
| seal the records based on the evidence presented at the |
16 |
| hearing. |
17 |
| (8) Service of order. After entering an order to |
18 |
| expunge or
seal records, the court must provide copies of |
19 |
| the order to the
Department, in a form and manner |
20 |
| prescribed by the Department,
to the petitioner, to the |
21 |
| State's Attorney or prosecutor
charged with the duty of |
22 |
| prosecuting the offense, to the
arresting agency, to the |
23 |
| chief legal officer of the unit of
local government |
24 |
| effecting the arrest, and to such other
criminal justice |
25 |
| agencies as may be ordered by the court. |
26 |
| (9) Effect of order. |
|
|
|
SB3295 Enrolled |
- 19 - |
LRB096 19719 RLC 35132 b |
|
|
1 |
| (A) Upon entry of an order to expunge records |
2 |
| pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
3 |
| (i) the records shall be expunged (as defined |
4 |
| in subsection (a)(1)(E)) by the arresting agency, |
5 |
| the Department, and any other agency as ordered by |
6 |
| the court, within 60 days of the date of service of |
7 |
| the order, unless a motion to vacate, modify, or |
8 |
| reconsider the order is filed pursuant to |
9 |
| paragraph (12) of subsection (d) of this Section; |
10 |
| (ii) the records of the circuit court clerk |
11 |
| shall be impounded until further order of the court |
12 |
| upon good cause shown and the name of the |
13 |
| petitioner obliterated on the official index |
14 |
| required to be kept by the circuit court clerk |
15 |
| under Section 16 of the Clerks of Courts Act, but |
16 |
| the order shall not affect any index issued by the |
17 |
| circuit court clerk before the entry of the order; |
18 |
| and |
19 |
| (iii) in response to an inquiry for expunged |
20 |
| records, the court, the Department, or the agency |
21 |
| receiving such inquiry, shall reply as it does in |
22 |
| response to inquiries when no records ever |
23 |
| existed. |
24 |
| (B) Upon entry of an order to expunge records |
25 |
| pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
26 |
| (i) the records shall be expunged (as defined |
|
|
|
SB3295 Enrolled |
- 20 - |
LRB096 19719 RLC 35132 b |
|
|
1 |
| in subsection (a)(1)(E)) by the arresting agency |
2 |
| and any other agency as ordered by the court, |
3 |
| within 60 days of the date of service of the order, |
4 |
| unless a motion to vacate, modify, or reconsider |
5 |
| the order is filed pursuant to paragraph (12) of |
6 |
| subsection (d) of this Section; |
7 |
| (ii) the records of the circuit court clerk |
8 |
| shall be impounded until further order of the court |
9 |
| upon good cause shown and the name of the |
10 |
| petitioner obliterated on the official index |
11 |
| required to be kept by the circuit court clerk |
12 |
| under Section 16 of the Clerks of Courts Act, but |
13 |
| the order shall not affect any index issued by the |
14 |
| circuit court clerk before the entry of the order; |
15 |
| (iii) the records shall be impounded by the
|
16 |
| Department within 60 days of the date of service of |
17 |
| the order as ordered by the court, unless a motion |
18 |
| to vacate, modify, or reconsider the order is filed |
19 |
| pursuant to paragraph (12) of subsection (d) of |
20 |
| this Section; |
21 |
| (iv) records impounded by the Department may |
22 |
| be disseminated by the Department only as required |
23 |
| by law or to the arresting authority, the State's |
24 |
| Attorney, and the court upon a later arrest for the |
25 |
| same or a similar offense or for the purpose of |
26 |
| sentencing for any subsequent felony, and to the |
|
|
|
SB3295 Enrolled |
- 21 - |
LRB096 19719 RLC 35132 b |
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|
1 |
| Department of Corrections upon conviction for any |
2 |
| offense; and |
3 |
| (v) in response to an inquiry for such records |
4 |
| from anyone not authorized by law to access such |
5 |
| records the court, the Department, or the agency |
6 |
| receiving such inquiry shall reply as it does in |
7 |
| response to inquiries when no records ever |
8 |
| existed. |
9 |
| (C) Upon entry of an order to seal records under |
10 |
| subsection
(c), the arresting agency, any other agency |
11 |
| as ordered by the court, the Department, and the court |
12 |
| shall seal the records (as defined in subsection |
13 |
| (a)(1)(K)). In response to an inquiry for such records |
14 |
| from anyone not authorized by law to access such |
15 |
| records the court, the Department, or the agency |
16 |
| receiving such inquiry shall reply as it does in |
17 |
| response to inquiries when no records ever existed. |
18 |
| (10) Fees. The Department may charge the petitioner a |
19 |
| fee equivalent to the cost of processing any order to |
20 |
| expunge or seal records. Notwithstanding any provision of |
21 |
| the Clerks of Courts Act to the contrary, the circuit court |
22 |
| clerk may charge a fee equivalent to the cost associated |
23 |
| with the sealing or expungement of records by the circuit |
24 |
| court clerk. From the total filing fee collected for the |
25 |
| petition to seal or expunge, the circuit court clerk shall |
26 |
| deposit $10 into the Circuit Court Clerk Operation and |
|
|
|
SB3295 Enrolled |
- 22 - |
LRB096 19719 RLC 35132 b |
|
|
1 |
| Administrative Fund, to be used to offset the costs |
2 |
| incurred by the circuit court clerk in performing the |
3 |
| additional duties required to serve the petition to seal or |
4 |
| expunge on all parties. The circuit court clerk shall |
5 |
| collect and forward the Department of State Police portion |
6 |
| of the fee to the Department and it shall be deposited in |
7 |
| the State Police Services Fund. |
8 |
| (11) Final Order. No court order issued under the |
9 |
| expungement or sealing provisions of this Section shall |
10 |
| become final for purposes of appeal until 30 days after |
11 |
| service of the order on the petitioner and all parties |
12 |
| entitled to notice of the petition. |
13 |
| (12) Motion to Vacate, Modify, or Reconsider. The |
14 |
| petitioner or any party entitled to notice may file a |
15 |
| motion to vacate, modify, or reconsider the order granting |
16 |
| or denying the petition to expunge or seal within 60 days |
17 |
| of service of the order. |
18 |
| (e) Whenever a person who has been convicted of an offense |
19 |
| is granted
a pardon by the Governor which specifically |
20 |
| authorizes expungement, he or she may,
upon verified petition |
21 |
| to the Chief Judge of the circuit where the person had
been |
22 |
| convicted, any judge of the circuit designated by the Chief |
23 |
| Judge, or in
counties of less than 3,000,000 inhabitants, the |
24 |
| presiding trial judge at the
defendant's trial, have a court |
25 |
| order entered expunging the record of
arrest from the official |
26 |
| records of the arresting authority and order that the
records |
|
|
|
SB3295 Enrolled |
- 23 - |
LRB096 19719 RLC 35132 b |
|
|
1 |
| of the circuit court clerk and the Department be sealed until
|
2 |
| further order of the court upon good cause shown or as |
3 |
| otherwise provided
herein, and the name of the defendant |
4 |
| obliterated from the official index
requested to be kept by the |
5 |
| circuit court clerk under Section 16 of the Clerks
of Courts |
6 |
| Act in connection with the arrest and conviction for the |
7 |
| offense for
which he or she had been pardoned but the order |
8 |
| shall not affect any index issued by
the circuit court clerk |
9 |
| before the entry of the order. All records sealed by
the |
10 |
| Department may be disseminated by the Department only as |
11 |
| required by law or
to the arresting authority, the State's |
12 |
| Attorney, and the court upon a later
arrest for the same or |
13 |
| similar offense or for the purpose of sentencing for any
|
14 |
| subsequent felony. Upon conviction for any subsequent offense, |
15 |
| the Department
of Corrections shall have access to all sealed |
16 |
| records of the Department
pertaining to that individual. Upon |
17 |
| entry of the order of expungement, the
circuit court clerk |
18 |
| shall promptly mail a copy of the order to the
person who was |
19 |
| pardoned. |
20 |
| (f) Subject to available funding, the Illinois Department
|
21 |
| of Corrections shall conduct a study of the impact of sealing,
|
22 |
| especially on employment and recidivism rates, utilizing a
|
23 |
| random sample of those who apply for the sealing of their
|
24 |
| criminal records under Public Act 93-211. At the request of the
|
25 |
| Illinois Department of Corrections, records of the Illinois
|
26 |
| Department of Employment Security shall be utilized as
|
|
|
|
SB3295 Enrolled |
- 24 - |
LRB096 19719 RLC 35132 b |
|
|
1 |
| appropriate to assist in the study. The study shall not
|
2 |
| disclose any data in a manner that would allow the
|
3 |
| identification of any particular individual or employing unit.
|
4 |
| The study shall be made available to the General Assembly no
|
5 |
| later than September 1, 2010.
|
6 |
| (Source: P.A. 96-409, eff. 1-1-10.)
|
7 |
| (20 ILCS 2630/13)
|
8 |
| Sec. 13. Retention and release of sealed records. |
9 |
| (a) The Department of State Police shall retain records |
10 |
| sealed under
subsection (c) or (e) of Section 5.2 or impounded |
11 |
| under subparagraph (B) of paragraph (9) of subsection (d) of |
12 |
| Section 5.2 and shall release them only as authorized by this |
13 |
| Act. Felony records sealed under subsection (c) or (e) of |
14 |
| Section 5.2 or impounded under subparagraph (B) of paragraph |
15 |
| (9) of subsection (d) of Section 5.2
shall be used and
|
16 |
| disseminated by the Department only as otherwise specifically |
17 |
| required or authorized by a federal or State law, rule, or |
18 |
| regulation that requires inquiry into and release of criminal |
19 |
| records, including, but not limited to, subsection (A) of |
20 |
| Section 3 of this Act. However, all requests for records that |
21 |
| have been expunged, sealed, and impounded and the use of those |
22 |
| records are subject to the provisions of Section 2-103 of the |
23 |
| Illinois Human Rights Act. Upon
conviction for any offense, the |
24 |
| Department of Corrections shall have
access to all sealed |
25 |
| records of the Department pertaining to that
individual. |
|
|
|
SB3295 Enrolled |
- 25 - |
LRB096 19719 RLC 35132 b |
|
|
1 |
| (b) Notwithstanding the foregoing, all sealed or impounded |
2 |
| records are subject to inspection and use by the court and |
3 |
| inspection and use by law enforcement agencies and State's |
4 |
| Attorneys or other prosecutors in carrying out the duties of |
5 |
| their offices.
|
6 |
| (c) The sealed or impounded records maintained under |
7 |
| subsection (a) are exempt from
disclosure under the Freedom of |
8 |
| Information Act. |
9 |
| (d) The Department of State Police shall commence the |
10 |
| sealing of records of felony arrests and felony convictions |
11 |
| pursuant to the provisions of subsection (c) of Section 5.2 of |
12 |
| this Act no later than one year from the date that funds have |
13 |
| been made available for purposes of establishing the |
14 |
| technologies necessary to implement the changes made by this |
15 |
| amendatory Act of the 93rd General Assembly.
|
16 |
| (Source: P.A. 96-409, eff. 1-1-10.)
|
17 |
| Section 99. Effective date. This Act takes effect upon |
18 |
| becoming law.
|