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91_HB0854
LRB9103529RCpr
1 AN ACT to amend the Criminal Identification Act by
2 changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended by
6 changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 (Text of Section before amendment by P.A. 90-590)
9 Sec. 5. Arrest reports; expungement.
10 (a) All policing bodies of this State shall furnish to
11 the Department, daily, in the form and detail the Department
12 requires, fingerprints and descriptions of all persons who
13 are arrested on charges of violating any penal statute of
14 this State for offenses that are classified as felonies and
15 Class A or B misdemeanors and of all minors who have been
16 arrested or taken into custody before their 17th birthday for
17 an offense that if committed by an adult would constitute the
18 offense of unlawful use of weapons under Article 24 of the
19 Criminal Code of 1961, a forcible felony as defined in
20 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
21 greater felony under the Cannabis Control Act, the Illinois
22 Controlled Substances Act, or Chapter 4 of the Illinois
23 Vehicle Code. Moving or nonmoving traffic violations under
24 the Illinois Vehicle Code shall not be reported except for
25 violations of Chapter 4, Section 11-204.1, or Section 11-501
26 of that Code. In addition, conservation offenses, as defined
27 in the Supreme Court Rule 501(c), that are classified as
28 Class B misdemeanors shall not be reported.
29 Whenever an adult or minor prosecuted as an adult, not
30 having previously been convicted of any criminal offense or
31 municipal ordinance violation, charged with a violation of a
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1 municipal ordinance or a felony or misdemeanor, is acquitted
2 or released without being convicted, whether the acquittal or
3 release occurred before, on, or after the effective date of
4 this amendatory Act of 1991, the Chief Judge of the circuit
5 wherein the charge was brought, any judge of that circuit
6 designated by the Chief Judge, or in counties of less than
7 3,000,000 inhabitants, the presiding trial judge at the
8 defendant's trial may upon verified petition of the defendant
9 order the record of arrest expunged from the official records
10 of the arresting authority and the Department and order that
11 the records of the clerk of the circuit court be sealed until
12 further order of the court upon good cause shown and the name
13 of the defendant obliterated on the official index required
14 to be kept by the circuit court clerk under Section 16 of the
15 Clerks of Courts Act, but the order shall not affect any
16 index issued by the circuit court clerk before the entry of
17 the order. The Department may charge the petitioner a fee
18 equivalent to the cost of processing any order to expunge or
19 seal the records, and the fee shall be deposited into the
20 State Police Services Fund. The records of those arrests,
21 however, that result in a disposition of supervision for any
22 offense shall not be expunged from the records of the
23 arresting authority or the Department nor impounded by the
24 court until 2 years after discharge and dismissal of
25 supervision. Those records that result from a supervision
26 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
27 11-503 of the Illinois Vehicle Code or a similar provision of
28 a local ordinance, or for a violation of Section 12-3.2,
29 12-15 or 16A-3 of the Criminal Code of 1961, or probation
30 under Section 10 of the Cannabis Control Act, Section 410 of
31 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
32 and (2) of the Criminal Code of 1961 (as those provisions
33 existed before their deletion by Public Act 89-313), Section
34 10-102 of the Illinois Alcoholism and Other Drug Dependency
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1 Act when the judgment of conviction has been vacated, Section
2 40-10 of the Alcoholism and Other Drug Abuse and Dependency
3 Act when the judgment of conviction has been vacated, or
4 Section 10 of the Steroid Control Act shall not be expunged
5 from the records of the arresting authority nor impounded by
6 the court until 5 years after termination of probation or
7 supervision. Those records that result from a supervision for
8 a violation of Section 11-501 of the Illinois Vehicle Code or
9 a similar provision of a local ordinance, shall not be
10 expunged. All records set out above may be ordered by the
11 court to be expunged from the records of the arresting
12 authority and impounded by the court after 5 years, but shall
13 not be expunged by the Department, but shall, on court order
14 be sealed by the Department and may be disseminated by the
15 Department only as required by law or to the arresting
16 authority, the State's Attorney, and the court upon a later
17 arrest for the same or a similar offense or for the purpose
18 of sentencing for any subsequent felony. Upon conviction for
19 any offense, the Department of Corrections shall have access
20 to all sealed records of the Department pertaining to that
21 individual.
22 (b) Whenever a person has been convicted of a crime or
23 of the violation of a municipal ordinance, in the name of a
24 person whose identity he has stolen or otherwise come into
25 possession of, the aggrieved person from whom the identity
26 was stolen or otherwise obtained without authorization, upon
27 learning of the person having been arrested using his
28 identity, may, upon verified petition to the chief judge of
29 the circuit wherein the arrest was made, have a court order
30 entered nunc pro tunc by the chief judge to correct the
31 arrest record, conviction record, if any, and all official
32 records of the arresting authority, the Department, other
33 criminal justice agencies, the prosecutor, and the trial
34 court concerning such arrest, if any, by removing his name
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1 from all such records in connection with the arrest and
2 conviction, if any, and by inserting in the records the name
3 of the offender, if known or ascertainable, in lieu of the
4 aggrieved's name. The records of the clerk of the circuit
5 court clerk shall be sealed until further order of the court
6 upon good cause shown and the name of the aggrieved person
7 obliterated on the official index required to be kept by the
8 circuit court clerk under Section 16 of the Clerks of Courts
9 Act, but the order shall not affect any index issued by the
10 circuit court clerk before the entry of the order. Nothing in
11 this Section shall limit the Department of State Police or
12 other criminal justice agencies or prosecutors from listing
13 under an offender's name the false names he or she has used.
14 For purposes of this Section, convictions for moving and
15 nonmoving traffic violations other than convictions for
16 violations of Chapter 4, Section 11-204.1 or Section 11-501
17 of the Illinois Vehicle Code shall not be a bar to expunging
18 the record of arrest and court records for violation of a
19 misdemeanor or municipal ordinance.
20 (c) Whenever a person who has been convicted of an
21 offense is granted a pardon by the Governor which
22 specifically authorizes expungement, he may, upon verified
23 petition to the chief judge of the circuit where the person
24 had been convicted, any judge of the circuit designated by
25 the Chief Judge, or in counties of less than 3,000,000
26 inhabitants, the presiding trial judge at the defendant's
27 trial, may have a court order entered expunging the record of
28 arrest from the official records of the arresting authority
29 and order that the records of the clerk of the circuit court
30 and the Department be sealed until further order of the court
31 upon good cause shown or as otherwise provided herein, and
32 the name of the defendant obliterated from the official index
33 requested to be kept by the circuit court clerk under Section
34 16 of the Clerks of Courts Act in connection with the arrest
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1 and conviction for the offense for which he had been pardoned
2 but the order shall not affect any index issued by the
3 circuit court clerk before the entry of the order. All
4 records sealed by the Department may be disseminated by the
5 Department only as required by law or to the arresting
6 authority, the State's States Attorney, and the court upon a
7 later arrest for the same or similar offense or for the
8 purpose of sentencing for any subsequent felony. Upon
9 conviction for any subsequent offense, the Department of
10 Corrections shall have access to all sealed records of the
11 Department pertaining to that individual. Upon entry of the
12 order of expungement, the clerk of the circuit court shall
13 promptly mail a copy of the order to the person who was
14 pardoned.
15 (d) Notice of the petition for subsections (a), (b), and
16 (c) shall be served upon the State's Attorney or prosecutor
17 charged with the duty of prosecuting the offense, the
18 Department of State Police, the arresting agency and the
19 chief legal officer of the unit of local government affecting
20 the arrest. Unless the State's Attorney or prosecutor, the
21 Department of State Police, the arresting agency or such
22 chief legal officer objects to the petition within 30 days
23 from the date of the notice, the court shall enter an order
24 granting or denying the petition. The clerk of the court
25 shall promptly mail a copy of the order to the person, the
26 arresting agency, the prosecutor, the Department of State
27 Police and such other criminal justice agencies as may be
28 ordered by the judge.
29 (e) Nothing herein shall prevent the Department of State
30 Police from maintaining all records of any person who is
31 admitted to probation upon terms and conditions and who
32 fulfills those terms and conditions pursuant to Section 10 of
33 the Cannabis Control Act, Section 410 of the Illinois
34 Controlled Substances Act, Section 12-4.3 of the Criminal
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1 Code of 1961, Section 10-102 of the Illinois Alcoholism and
2 Other Drug Dependency Act, Section 40-10 of the Alcoholism
3 and Other Drug Abuse and Dependency Act, or Section 10 of the
4 Steroid Control Act.
5 (f) No court order issued pursuant to the expungement
6 provisions of this Section shall become final for purposes of
7 appeal until 30 days after notice is received by the
8 Department. Any court order contrary to the provisions of
9 this Section is void.
10 The court shall not order the sealing or expungement of
11 the arrest records and records of the circuit court clerk of
12 any person granted supervision for or convicted of any sexual
13 offense committed against a minor under 18 years of age. For
14 the purposes of this Section, "sexual offense committed
15 against a minor" includes but is not limited to the offenses
16 of indecent solicitation of a child or criminal sexual abuse
17 when the victim of such offense is under 18 years of age.
18 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
19 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
20 (Text of Section after amendment by P.A. 90-590)
21 Sec. 5. Arrest reports; expungement.
22 (a) All policing bodies of this State shall furnish to
23 the Department, daily, in the form and detail the Department
24 requires, fingerprints and descriptions of all persons who
25 are arrested on charges of violating any penal statute of
26 this State for offenses that are classified as felonies and
27 Class A or B misdemeanors and of all minors of the age of 10
28 and over who have been arrested for an offense which would be
29 a felony if committed by an adult, and may forward such
30 fingerprints and descriptions for minors arrested for Class A
31 or B misdemeanors. Moving or nonmoving traffic violations
32 under the Illinois Vehicle Code shall not be reported except
33 for violations of Chapter 4, Section 11-204.1, or Section
34 11-501 of that Code. In addition, conservation offenses, as
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1 defined in the Supreme Court Rule 501(c), that are classified
2 as Class B misdemeanors shall not be reported.
3 Whenever an adult or minor prosecuted as an adult, not
4 having previously been convicted of any criminal offense or
5 municipal ordinance violation, charged with a violation of a
6 municipal ordinance or a felony or misdemeanor, is acquitted
7 or released without being convicted, whether the acquittal or
8 release occurred before, on, or after the effective date of
9 this amendatory Act of 1991, the Chief Judge of the circuit
10 wherein the charge was brought, any judge of that circuit
11 designated by the Chief Judge, or in counties of less than
12 3,000,000 inhabitants, the presiding trial judge at the
13 defendant's trial may upon verified petition of the defendant
14 order the record of arrest expunged from the official records
15 of the arresting authority and the Department and order that
16 the records of the clerk of the circuit court be sealed until
17 further order of the court upon good cause shown and the name
18 of the defendant obliterated on the official index required
19 to be kept by the circuit court clerk under Section 16 of the
20 Clerks of Courts Act, but the order shall not affect any
21 index issued by the circuit court clerk before the entry of
22 the order. The Department may charge the petitioner a fee
23 equivalent to the cost of processing any order to expunge or
24 seal the records, and the fee shall be deposited into the
25 State Police Services Fund. The records of those arrests,
26 however, that result in a disposition of supervision for any
27 offense shall not be expunged from the records of the
28 arresting authority or the Department nor impounded by the
29 court until 2 years after discharge and dismissal of
30 supervision. Those records that result from a supervision
31 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
32 11-503 of the Illinois Vehicle Code or a similar provision of
33 a local ordinance, or for a violation of Section 12-3.2,
34 12-15 or 16A-3 of the Criminal Code of 1961, or probation
-8- LRB9103529RCpr
1 under Section 10 of the Cannabis Control Act, Section 410 of
2 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
3 and (2) of the Criminal Code of 1961 (as those provisions
4 existed before their deletion by Public Act 89-313), Section
5 10-102 of the Illinois Alcoholism and Other Drug Dependency
6 Act when the judgment of conviction has been vacated, Section
7 40-10 of the Alcoholism and Other Drug Abuse and Dependency
8 Act when the judgment of conviction has been vacated, or
9 Section 10 of the Steroid Control Act shall not be expunged
10 from the records of the arresting authority nor impounded by
11 the court until 5 years after termination of probation or
12 supervision. Those records that result from a supervision
13 for a violation of Section 11-501 of the Illinois Vehicle
14 Code or a similar provision of a local ordinance, shall not
15 be expunged. All records set out above may be ordered by the
16 court to be expunged from the records of the arresting
17 authority and impounded by the court after 5 years, but shall
18 not be expunged by the Department, but shall, on court order
19 be sealed by the Department and may be disseminated by the
20 Department only as required by law or to the arresting
21 authority, the State's Attorney, and the court upon a later
22 arrest for the same or a similar offense or for the purpose
23 of sentencing for any subsequent felony. Upon conviction for
24 any offense, the Department of Corrections shall have access
25 to all sealed records of the Department pertaining to that
26 individual.
27 (a-5) Those records maintained by the Department for
28 persons arrested prior to their 17th birthday shall be
29 expunged as provided in Section 5-915 of the Juvenile Court
30 Act of 1987.
31 (b) Whenever a person has been convicted of a crime or
32 of the violation of a municipal ordinance, in the name of a
33 person whose identity he has stolen or otherwise come into
34 possession of, the aggrieved person from whom the identity
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1 was stolen or otherwise obtained without authorization, upon
2 learning of the person having been arrested using his
3 identity, may, upon verified petition to the chief judge of
4 the circuit wherein the arrest was made, have a court order
5 entered nunc pro tunc by the chief judge to correct the
6 arrest record, conviction record, if any, and all official
7 records of the arresting authority, the Department, other
8 criminal justice agencies, the prosecutor, and the trial
9 court concerning such arrest, if any, by removing his name
10 from all such records in connection with the arrest and
11 conviction, if any, and by inserting in the records the name
12 of the offender, if known or ascertainable, in lieu of the
13 has name. The records of the clerk of the circuit court
14 clerk shall be sealed until further order of the court upon
15 good cause shown and the name of the aggrieved person
16 obliterated on the official index required to be kept by the
17 circuit court clerk under Section 16 of the Clerks of Courts
18 Act, but the order shall not affect any index issued by the
19 circuit court clerk before the entry of the order. Nothing in
20 this Section shall limit the Department of State Police or
21 other criminal justice agencies or prosecutors from listing
22 under an offender's name the false names he or she has used.
23 For purposes of this Section, convictions for moving and
24 nonmoving traffic violations other than convictions for
25 violations of Chapter 4, Section 11-204.1 or Section 11-501
26 of the Illinois Vehicle Code shall not be a bar to expunging
27 the record of arrest and court records for violation of a
28 misdemeanor or municipal ordinance.
29 (c) Whenever a person who has been convicted of an
30 offense is granted a pardon by the Governor which
31 specifically authorizes expungement, he may, upon verified
32 petition to the chief judge of the circuit where the person
33 had been convicted, any judge of the circuit designated by
34 the Chief Judge, or in counties of less than 3,000,000
-10- LRB9103529RCpr
1 inhabitants, the presiding trial judge at the defendant's
2 trial, may have a court order entered expunging the record of
3 arrest from the official records of the arresting authority
4 and order that the records of the clerk of the circuit court
5 and the Department be sealed until further order of the court
6 upon good cause shown or as otherwise provided herein, and
7 the name of the defendant obliterated from the official index
8 requested to be kept by the circuit court clerk under Section
9 16 of the Clerks of Courts Act in connection with the arrest
10 and conviction for the offense for which he had been pardoned
11 but the order shall not affect any index issued by the
12 circuit court clerk before the entry of the order. All
13 records sealed by the Department may be disseminated by the
14 Department only as required by law or to the arresting
15 authority, the State's States Attorney, and the court upon a
16 later arrest for the same or similar offense or for the
17 purpose of sentencing for any subsequent felony. Upon
18 conviction for any subsequent offense, the Department of
19 Corrections shall have access to all sealed records of the
20 Department pertaining to that individual. Upon entry of the
21 order of expungement, the clerk of the circuit court shall
22 promptly mail a copy of the order to the person who was
23 pardoned.
24 (c-5) Whenever a person has been convicted of criminal
25 sexual assault, aggravated criminal sexual assault, predatory
26 criminal sexual assault of a child, criminal sexual abuse, or
27 aggravated criminal sexual abuse, the victim of that offense
28 may request that the State's Attorney of the county in which
29 the conviction occurred file a verified petition with the
30 presiding trial judge at the defendant's trial to have a
31 court order entered to seal the records of the clerk of the
32 circuit court in connection with the proceedings of the trial
33 court concerning that offense. However, the records of the
34 arresting authority and the Department of State Police
-11- LRB9103529RCpr
1 concerning the offense shall not be sealed. The court, upon
2 good cause shown, shall make the records of the clerk of the
3 circuit court in connection with the proceedings of the trial
4 court concerning the offense available for public inspection.
5
6 (d) Notice of the petition for subsections (a), (b), and
7 (c) shall be served upon the State's Attorney or prosecutor
8 charged with the duty of prosecuting the offense, the
9 Department of State Police, the arresting agency and the
10 chief legal officer of the unit of local government affecting
11 the arrest. Unless the State's Attorney or prosecutor, the
12 Department of State Police, the arresting agency or such
13 chief legal officer objects to the petition within 30 days
14 from the date of the notice, the court shall enter an order
15 granting or denying the petition. The clerk of the court
16 shall promptly mail a copy of the order to the person, the
17 arresting agency, the prosecutor, the Department of State
18 Police and such other criminal justice agencies as may be
19 ordered by the judge.
20 (e) Nothing herein shall prevent the Department of State
21 Police from maintaining all records of any person who is
22 admitted to probation upon terms and conditions and who
23 fulfills those terms and conditions pursuant to Section 10 of
24 the Cannabis Control Act, Section 410 of the Illinois
25 Controlled Substances Act, Section 12-4.3 of the Criminal
26 Code of 1961, Section 10-102 of the Illinois Alcoholism and
27 Other Drug Dependency Act, Section 40-10 of the Alcoholism
28 and Other Drug Abuse and Dependency Act, or Section 10 of the
29 Steroid Control Act.
30 (f) No court order issued pursuant to the expungement
31 provisions of this Section shall become final for purposes of
32 appeal until 30 days after notice is received by the
33 Department. Any court order contrary to the provisions of
34 this Section is void.
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1 (g) Except as otherwise provided in subsection (c-5) of
2 this Section, the court shall not order the sealing or
3 expungement of the arrest records and records of the circuit
4 court clerk of any person granted supervision for or
5 convicted of any sexual offense committed against a minor
6 under 18 years of age. For the purposes of this Section,
7 "sexual offense committed against a minor" includes but is
8 not limited to the offenses of indecent solicitation of a
9 child or criminal sexual abuse when the victim of such
10 offense is under 18 years of age.
11 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96;
12 90-590, eff. 1-1-00; revised 10-31-98.)
13 Section 99. Effective date. This Act takes effect
14 January 1, 2000.