SB3295 Enrolled LRB096 19719 RLC 35132 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Identification Act is amended by
5 changing Sections 5.2 and 13 as follows:
 
6     (20 ILCS 2630/5.2)
7     Sec. 5.2. Expungement and sealing.
8     (a) General Provisions.
9         (1) Definitions. In this Act, words and phrases have
10     the meanings set forth in this subsection, except when a
11     particular context clearly requires a different meaning.
12             (A) The following terms shall have the meanings
13         ascribed to them in the Unified Code of Corrections,
14         730 ILCS 5/5-1-2 through 5/5-1-22:
15                 (i) Business Offense (730 ILCS 5/5-1-2),
16                 (ii) Charge (730 ILCS 5/5-1-3),
17                 (iii) Court (730 ILCS 5/5-1-6),
18                 (iv) Defendant (730 ILCS 5/5-1-7),
19                 (v) Felony (730 ILCS 5/5-1-9),
20                 (vi) Imprisonment (730 ILCS 5/5-1-10),
21                 (vii) Judgment (730 ILCS 5/5-1-12),
22                 (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                 (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                 (x) Parole (730 ILCS 5/5-1-16),
2                 (xi) Petty Offense (730 ILCS 5/5-1-17),
3                 (xii) Probation (730 ILCS 5/5-1-18),
4                 (xiii) Sentence (730 ILCS 5/5-1-19),
5                 (xiv) Supervision (730 ILCS 5/5-1-21), and
6                 (xv) Victim (730 ILCS 5/5-1-22).
7             (B) As used in this Section, "charge not initiated
8         by arrest" means a charge (as defined by 730 ILCS
9         5/5-1-3) brought against a defendant where the
10         defendant is not arrested prior to or as a direct
11         result of the charge.
12             (C) "Conviction" means a judgment of conviction or
13         sentence entered upon a plea of guilty or upon a
14         verdict or finding of guilty of an offense, rendered by
15         a legally constituted jury or by a court of competent
16         jurisdiction authorized to try the case without a jury.
17         An order of supervision successfully completed by the
18         petitioner is not a conviction. An order of qualified
19         probation (as defined in subsection (a)(1)(J))
20         successfully completed by the petitioner is not a
21         conviction. An order of supervision or an order of
22         qualified probation that is terminated
23         unsatisfactorily is a conviction, unless the
24         unsatisfactory termination is reversed, vacated, or
25         modified and the judgment of conviction, if any, is
26         reversed or vacated.

 

 

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1             (D) "Criminal offense" means a petty offense,
2         business offense, misdemeanor, felony, or municipal
3         ordinance violation (as defined in subsection
4         (a)(1)(H)). As used in this Section, a minor traffic
5         offense (as defined in subsection (a)(1)(G)) shall not
6         be considered a criminal offense.
7             (E) "Expunge" means to physically destroy the
8         records or return them to the petitioner and to
9         obliterate the petitioner's name from any official
10         index or public record, or both. Nothing in this Act
11         shall require the physical destruction of the circuit
12         court file, but such records relating to arrests or
13         charges, or both, ordered expunged shall be impounded
14         as required by subsections (d)(9)(A)(ii) and
15         (d)(9)(B)(ii).
16             (F) As used in this Section, "last sentence" means
17         the sentence, order of supervision, or order of
18         qualified probation (as defined by subsection
19         (a)(1)(J)), for a criminal offense (as defined by
20         subsection (a)(1)(D)) that terminates last in time in
21         any jurisdiction, regardless of whether the petitioner
22         has included the criminal offense for which the
23         sentence or order of supervision or qualified
24         probation was imposed in his or her petition. If
25         multiple sentences, orders of supervision, or orders
26         of qualified probation terminate on the same day and

 

 

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1         are last in time, they shall be collectively considered
2         the "last sentence" regardless of whether they were
3         ordered to run concurrently.
4             (G) "Minor traffic offense" means a petty offense,
5         business offense, or Class C misdemeanor under the
6         Illinois Vehicle Code or a similar provision of a
7         municipal or local ordinance.
8             (H) "Municipal ordinance violation" means an
9         offense defined by a municipal or local ordinance that
10         is criminal in nature and with which the petitioner was
11         charged or for which the petitioner was arrested and
12         released without charging.
13             (I) "Petitioner" means an adult or a minor
14         prosecuted as an adult who has applied for relief under
15         this Section.
16             (J) "Qualified probation" means an order of
17         probation under Section 10 of the Cannabis Control Act,
18         Section 410 of the Illinois Controlled Substances Act,
19         Section 70 of the Methamphetamine Control and
20         Community Protection Act, Section 12-4.3(b)(1) and (2)
21         of the Criminal Code of 1961 (as those provisions
22         existed before their deletion by Public Act 89-313),
23         Section 10-102 of the Illinois Alcoholism and Other
24         Drug Dependency Act, Section 40-10 of the Alcoholism
25         and Other Drug Abuse and Dependency Act, or Section 10
26         of the Steroid Control Act. For the purpose of this

 

 

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1         Section, "successful completion" of an order of
2         qualified probation under Section 10-102 of the
3         Illinois Alcoholism and Other Drug Dependency Act and
4         Section 40-10 of the Alcoholism and Other Drug Abuse
5         and Dependency Act means that the probation was
6         terminated satisfactorily and the judgment of
7         conviction was vacated.
8             (K) "Seal" means to physically and electronically
9         maintain the records, unless the records would
10         otherwise be destroyed due to age, but to make the
11         records unavailable without a court order, subject to
12         the exceptions in Sections 12 and 13 of this Act. The
13         petitioner's name shall also be obliterated from the
14         official index required to be kept by the circuit court
15         clerk under Section 16 of the Clerks of Courts Act, but
16         any index issued by the circuit court clerk before the
17         entry of the order to seal shall not be affected.
18             (L) "Sexual offense committed against a minor"
19         includes but is not limited to the offenses of indecent
20         solicitation of a child or criminal sexual abuse when
21         the victim of such offense is under 18 years of age.
22             (M) "Terminate" as it relates to a sentence or
23         order of supervision or qualified probation includes
24         either satisfactory or unsatisfactory termination of
25         the sentence, unless otherwise specified in this
26         Section.

 

 

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1         (2) Minor Traffic Offenses. Orders of supervision or
2     convictions for minor traffic offenses shall not affect a
3     petitioner's eligibility to expunge or seal records
4     pursuant to this Section.
5         (3) Exclusions. Except as otherwise provided in
6     subsections (b)(5), (b)(6), and (e) of this Section, the
7     court shall not order:
8             (A) the sealing or expungement of the records of
9         arrests or charges not initiated by arrest that result
10         in an order of supervision for or conviction of: (i)
11         any sexual offense committed against a minor; (ii)
12         Section 11-501 of the Illinois Vehicle Code or a
13         similar provision of a local ordinance; or (iii)
14         Section 11-503 of the Illinois Vehicle Code or a
15         similar provision of a local ordinance.
16             (B) the sealing or expungement of records of minor
17         traffic offenses (as defined in subsection (a)(1)(G)),
18         unless the petitioner was arrested and released
19         without charging.
20             (C) the sealing of the records of arrests or
21         charges not initiated by arrest which result in an
22         order of supervision, an order of qualified probation
23         (as defined in subsection (a)(1)(J)), or a conviction
24         for the following offenses:
25                 (i) offenses included in Article 11 of the
26             Criminal Code of 1961 or a similar provision of a

 

 

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1             local ordinance, except Section 11-14 of the
2             Criminal Code of 1961 or a similar provision of a
3             local ordinance;
4                 (ii) Section 12-15, 12-30, or 26-5 of the
5             Criminal Code of 1961 or a similar provision of a
6             local ordinance;
7                 (iii) offenses defined as "crimes of violence"
8             in Section 2 of the Crime Victims Compensation Act
9             or a similar provision of a local ordinance;
10                 (iv) offenses which are Class A misdemeanors
11             under the Humane Care for Animals Act; or
12                 (v) any offense or attempted offense that
13             would subject a person to registration under the
14             Sex Offender Registration Act.
15             (D) the sealing of the records of an arrest which
16         results in the petitioner being charged with a felony
17         offense or records of a charge not initiated by arrest
18         for a felony offense, regardless of the disposition,
19         unless:
20                 (i) the charge is amended to a misdemeanor and
21             is otherwise eligible to be sealed pursuant to
22             subsection (c);
23                 (ii) the charge is brought along with another
24             charge as a part of one case and the charge results
25             in acquittal, dismissal, or conviction when the
26             conviction was reversed or vacated, and another

 

 

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1             charge brought in the same case results in a
2             disposition for a misdemeanor offense that is
3             eligible to be sealed pursuant to subsection (c) or
4             a disposition listed in paragraph (i), (iii) or
5             (iv) of this subsection;
6                 (iii) (ii) the charge results in first
7             offender probation as set forth in subsection
8             (c)(2)(E); or
9                 (iv) (iii) the charge is for a Class 4 felony
10             offense listed in subsection (c)(2)(F) or the
11             charge is amended to a Class 4 felony offense
12             listed in subsection (c)(2)(F). Records of arrests
13             which result in the petitioner being charged with a
14             Class 4 felony offense listed in subsection
15             (c)(2)(F), records of charges not initiated by
16             arrest for Class 4 felony offenses listed in
17             subsection (c)(2)(F), and records of charges
18             amended to a Class 4 felony offense listed in
19             (c)(2)(F) may be sealed, regardless of the
20             disposition, subject to any waiting periods set
21             forth in subsection (c)(3).
22     (b) Expungement.
23         (1) A petitioner may petition the circuit court to
24     expunge the records of his or her arrests and charges not
25     initiated by arrest when:
26             (A) He or she has never been convicted of a

 

 

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1         criminal offense; and
2             (B) Each arrest or charge not initiated by arrest
3         sought to be expunged resulted in: (i) acquittal,
4         dismissal, or the petitioner's release without
5         charging, unless excluded by subsection (a)(3)(B);
6         (ii) a conviction which was vacated or reversed, unless
7         excluded by subsection (a)(3)(B); (iii) an order of
8         supervision and such supervision was successfully
9         completed by the petitioner, unless excluded by
10         subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
11         qualified probation (as defined in subsection
12         (a)(1)(J)) and such probation was successfully
13         completed by the petitioner.
14         (2) Time frame for filing a petition to expunge.
15             (A) When the arrest or charge not initiated by
16         arrest sought to be expunged resulted in an acquittal,
17         dismissal, the petitioner's release without charging,
18         or the reversal or vacation of a conviction, there is
19         no waiting period to petition for the expungement of
20         such records.
21             (B) When the arrest or charge not initiated by
22         arrest sought to be expunged resulted in an order of
23         supervision, successfully completed by the petitioner,
24         the following time frames will apply:
25                 (i) Those arrests or charges that resulted in
26             orders of supervision under Section 3-707, 3-708,

 

 

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1             3-710, or 5-401.3 of the Illinois Vehicle Code or a
2             similar provision of a local ordinance, or under
3             Section 12-3.2, 12-15 or 16A-3 of the Criminal Code
4             of 1961 or a similar provision of a local
5             ordinance, shall not be eligible for expungement
6             until 5 years have passed following the
7             satisfactory termination of the supervision.
8                 (ii) Those arrests or charges that resulted in
9             orders of supervision for any other offenses shall
10             not be eligible for expungement until 2 years have
11             passed following the satisfactory termination of
12             the supervision.
13             (C) When the arrest or charge not initiated by
14         arrest sought to be expunged resulted in an order of
15         qualified probation, successfully completed by the
16         petitioner, such records shall not be eligible for
17         expungement until 5 years have passed following the
18         satisfactory termination of the probation.
19         (3) Those records maintained by the Department for
20     persons arrested prior to their 17th birthday shall be
21     expunged as provided in Section 5-915 of the Juvenile Court
22     Act of 1987.
23         (4) Whenever a person has been arrested for or
24     convicted of any offense, in the name of a person whose
25     identity he or she has stolen or otherwise come into
26     possession of, the aggrieved person from whom the identity

 

 

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

 

 

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1     predatory criminal sexual assault of a child, criminal
2     sexual abuse, or aggravated criminal sexual abuse, the
3     victim of that offense may request that the State's
4     Attorney of the county in which the conviction occurred
5     file a verified petition with the presiding trial judge at
6     the petitioner's trial to have a court order entered to
7     seal the records of the circuit court clerk in connection
8     with the proceedings of the trial court concerning that
9     offense. However, the records of the arresting authority
10     and the Department of State Police concerning the offense
11     shall not be sealed. The court, upon good cause shown,
12     shall make the records of the circuit court clerk in
13     connection with the proceedings of the trial court
14     concerning the offense available for public inspection.
15         (6) If a conviction has been set aside on direct review
16     or on collateral attack and the court determines by clear
17     and convincing evidence that the petitioner was factually
18     innocent of the charge, the court shall enter an
19     expungement order as provided in subsection (b) of Section
20     5-5-4 of the Unified Code of Corrections.
21         (7) Nothing in this Section shall prevent the
22     Department of State Police from maintaining all records of
23     any person who is admitted to probation upon terms and
24     conditions and who fulfills those terms and conditions
25     pursuant to Section 10 of the Cannabis Control Act, Section
26     410 of the Illinois Controlled Substances Act, Section 70

 

 

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1     of the Methamphetamine Control and Community Protection
2     Act, Section 12-4.3 of the Criminal Code of 1961, Section
3     10-102 of the Illinois Alcoholism and Other Drug Dependency
4     Act, Section 40-10 of the Alcoholism and Other Drug Abuse
5     and Dependency Act, or Section 10 of the Steroid Control
6     Act.
7     (c) Sealing.
8         (1) Applicability. Notwithstanding any other provision
9     of this Act to the contrary, and cumulative with any rights
10     to expungement of criminal records, this subsection
11     authorizes the sealing of criminal records of adults and of
12     minors prosecuted as adults.
13         (2) Eligible Records. The following records may be
14     sealed:
15             (A) All arrests resulting in release without
16         charging;
17             (B) Arrests or charges not initiated by arrest
18         resulting in acquittal, dismissal, or conviction when
19         the conviction was reversed or vacated, except as
20         excluded by subsection (a)(3)(B) or (a)(3)(D);
21             (C) Arrests or charges not initiated by arrest
22         resulting in orders of supervision successfully
23         completed by the petitioner, unless excluded by
24         subsection (a)(3);
25             (D) Arrests or charges not initiated by arrest
26         resulting in convictions unless excluded by subsection

 

 

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1         (a)(3);
2             (E) Arrests or charges not initiated by arrest
3         resulting in orders of first offender probation under
4         Section 10 of the Cannabis Control Act, Section 410 of
5         the Illinois Controlled Substances Act, or Section 70
6         of the Methamphetamine Control and Community
7         Protection Act; and
8             (F) Arrests or charges not initiated by arrest
9         resulting in Class 4 felony convictions for the
10         following offenses:
11                 (i) Section 11-14 of the Criminal Code of 1961;
12                 (ii) Section 4 of the Cannabis Control Act;
13                 (iii) Section 402 of the Illinois Controlled
14             Substances Act;
15                 (iv) the Methamphetamine Precursor Control
16             Act; and
17                 (v) the Steroid Control Act.
18         (3) When Records Are Eligible to Be Sealed. Records
19     identified as eligible under subsection (c)(2) may be
20     sealed as follows:
21             (A) Records identified as eligible under
22         subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
23         time.
24             (B) Records identified as eligible under
25         subsection (c)(2)(C) may be sealed (i) 3 years after
26         the termination of petitioner's last sentence (as

 

 

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1         defined in subsection (a)(1)(F)) if the petitioner has
2         never been convicted of a criminal offense (as defined
3         in subsection (a)(1)(D)); or (ii) 4 years after the
4         termination of the petitioner's last sentence (as
5         defined in subsection (a)(1)(F)) if the petitioner has
6         ever been convicted of a criminal offense (as defined
7         in subsection (a)(1)(D)).
8             (C) Records identified as eligible under
9         subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
10         sealed 4 years after the termination of the
11         petitioner's last sentence (as defined in subsection
12         (a)(1)(F)).
13         (4) Subsequent felony convictions. A person may not
14     have subsequent felony conviction records sealed as
15     provided in this subsection (c) if he or she is convicted
16     of any felony offense after the date of the sealing of
17     prior felony convictions as provided in this subsection
18     (c). The court may, upon conviction for a subsequent felony
19     offense, order the unsealing of prior felony conviction
20     records previously ordered sealed by the court.
21         (5) Notice of eligibility for sealing. Upon entry of a
22     disposition for an eligible record under this subsection
23     (c), the petitioner shall be informed by the court of the
24     right to have the records sealed and the procedures for the
25     sealing of the records.
26     (d) Procedure. The following procedures apply to

 

 

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1 expungement under subsections (b) and (e), and sealing under
2 subsection (c):
3         (1) Filing the petition. Upon becoming eligible to
4     petition for the expungement or sealing of records under
5     this Section, the petitioner shall file a petition
6     requesting the expungement or sealing of records with the
7     clerk of the court where the arrests occurred or the
8     charges were brought, or both. If arrests occurred or
9     charges were brought in multiple jurisdictions, a petition
10     must be filed in each such jurisdiction. The petitioner
11     shall pay the applicable fee, if not waived.
12         (2) Contents of petition. The petition shall be
13     verified and shall contain the petitioner's name, date of
14     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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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.