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| [ House Amendment 001 ] |
92_HB0301
LRB9204048RCtm
1 AN ACT in relation to the expungement and sealing of
2 arrest and court records.
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 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors of the age of 10
15 and over who have been arrested for an offense which would be
16 a felony if committed by an adult, and may forward such
17 fingerprints and descriptions for minors arrested for Class A
18 or B misdemeanors. Moving or nonmoving traffic violations
19 under the Illinois Vehicle Code shall not be reported except
20 for violations of Chapter 4, Section 11-204.1, or Section
21 11-501 of that Code. In addition, conservation offenses, as
22 defined in the Supreme Court Rule 501(c), that are classified
23 as Class B misdemeanors shall not be reported.
24 Whenever an adult or minor prosecuted as an adult, not
25 having previously been convicted of any criminal offense or
26 municipal ordinance violation, charged with a violation of a
27 municipal ordinance or a felony or misdemeanor, is acquitted
28 or released without being convicted, whether the acquittal or
29 release occurred before, on, or after the effective date of
30 this amendatory Act of 1991, the Chief Judge of the circuit
31 wherein the charge was brought, any judge of that circuit
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1 designated by the Chief Judge, or in counties of less than
2 3,000,000 inhabitants, the judge who terminated the original
3 court disposition must presiding trial judge at the
4 defendant's trial may upon verified petition of the defendant
5 order the record of arrest expunged from the official records
6 of the arresting authority and the Department and order that
7 the records of the clerk of the circuit court be sealed until
8 further order of the court upon good cause shown and the name
9 of the defendant obliterated on the official index required
10 to be kept by the circuit court clerk under Section 16 of the
11 Clerks of Courts Act, but the order shall not affect any
12 index issued by the circuit court clerk before the entry of
13 the order. The Department may charge the petitioner a fee
14 equivalent to the cost of processing any order to expunge or
15 seal the records, and the fee shall be deposited into the
16 State Police Services Fund. The records of those arrests,
17 however, that result in a disposition of supervision for any
18 offense shall not be expunged from the records of the
19 arresting authority or the Department nor impounded by the
20 court until 2 years after discharge and dismissal of
21 supervision. Those records that result from a supervision
22 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
23 11-503 of the Illinois Vehicle Code or a similar provision of
24 a local ordinance, or for a violation of Section 12-3.2,
25 12-15 or 16A-3 of the Criminal Code of 1961, or probation
26 under Section 10 of the Cannabis Control Act, Section 410 of
27 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
28 and (2) of the Criminal Code of 1961 (as those provisions
29 existed before their deletion by Public Act 89-313), Section
30 10-102 of the Illinois Alcoholism and Other Drug Dependency
31 Act when the judgment of conviction has been vacated, Section
32 40-10 of the Alcoholism and Other Drug Abuse and Dependency
33 Act when the judgment of conviction has been vacated, or
34 Section 10 of the Steroid Control Act shall not be expunged
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1 from the records of the arresting authority nor impounded by
2 the court until 5 years after termination of probation or
3 supervision. Those records that result from a supervision
4 for a violation of Section 11-501 of the Illinois Vehicle
5 Code or a similar provision of a local ordinance, shall not
6 be expunged. All records set out above may be ordered by the
7 court to be expunged from the records of the arresting
8 authority and impounded by the court after 5 years, but shall
9 not be expunged by the Department, but shall, on court order
10 be sealed by the Department and may be disseminated by the
11 Department only as required by law or to the arresting
12 authority, the State's Attorney, and the court upon a later
13 arrest for the same or a similar offense or for the purpose
14 of sentencing for any subsequent felony. Upon conviction for
15 any offense, the Department of Corrections shall have access
16 to all sealed records of the Department pertaining to that
17 individual.
18 (a-5) Those records maintained by the Department for
19 persons arrested prior to their 17th birthday shall be
20 expunged as provided in Section 5-915 of the Juvenile Court
21 Act of 1987.
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 has name. The records of the clerk of the circuit court
5 clerk shall be sealed until further order of the court upon
6 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 Attorney, and the court upon a later
7 arrest for the same or similar offense or for the purpose of
8 sentencing for any subsequent felony. Upon conviction for
9 any subsequent offense, the Department of Corrections shall
10 have access to all sealed records of the Department
11 pertaining to that individual. Upon entry of the order of
12 expungement, the clerk of the circuit court shall promptly
13 mail a copy of the order to the person who was pardoned.
14 (c-5) Whenever a person has been convicted of criminal
15 sexual assault, aggravated criminal sexual assault, predatory
16 criminal sexual assault of a child, criminal sexual abuse, or
17 aggravated criminal sexual abuse, the victim of that offense
18 may request that the State's Attorney of the county in which
19 the conviction occurred file a verified petition with the
20 presiding trial judge at the defendant's trial to have a
21 court order entered to seal the records of the clerk of the
22 circuit court in connection with the proceedings of the trial
23 court concerning that offense. However, the records of the
24 arresting authority and the Department of State Police
25 concerning the offense shall not be sealed. The court, upon
26 good cause shown, shall make the records of the clerk of the
27 circuit court in connection with the proceedings of the trial
28 court concerning the offense available for public inspection.
29 (c-6) Whenever a person who has been convicted of a
30 misdemeanor that is reportable to the Department of State
31 Police under this Section has completed his or her sentence,
32 including a term of probation or conditional discharge, and
33 has not within the previous 2-year period been convicted of
34 any felony or misdemeanor, excluding: (i) traffic violations
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1 (except for a violation of Section 11-501 of the Illinois
2 Vehicle Code or a similar provision of a local ordinance) and
3 (ii) any time served in jail by the person and included as
4 part of the original sentence, the chief judge of the circuit
5 where the person had been convicted, any judge of the circuit
6 designated by the Chief Judge, or, in counties of less than
7 3,000,000 inhabitants, the judge who terminated the original
8 court disposition must immediately enter a court order
9 expunging the record of arrest from the official records of
10 the arresting authority and order that the records of the
11 clerk of the circuit court and the Department be sealed until
12 further order of the court upon good cause shown or as
13 otherwise provided in this Section, and the name of the
14 defendant obliterated from the official index requested to be
15 kept by the circuit court clerk under Section 16 of the
16 Clerks of Courts Act in connection with the arrest and
17 conviction for the offense for which he or she had been
18 convicted but the order shall not affect any index issued by
19 the circuit court clerk before the entry of the order. All
20 records sealed by the Department may be disseminated by the
21 Department only as required by law or to the arresting
22 authority, the State's Attorney, and the court upon a later
23 arrest for the same or similar offense or for the purpose of
24 sentencing for any subsequent felony. Upon conviction for
25 any subsequent offense, the Department of Corrections shall
26 have access to all sealed records of the Department
27 pertaining to that individual. Upon entry of the order of
28 expungement, the clerk of the circuit court shall promptly
29 mail a copy of the order to the person whose records were
30 expunged and sealed.
31 (d) Notice of the order of expungement and sealing of
32 records under paragraph (c-6) and the petition for
33 subsections (a), (b), and (c) shall be served upon the
34 State's Attorney or prosecutor charged with the duty of
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1 prosecuting the offense, the Department of State Police, the
2 arresting agency and the chief legal officer of the unit of
3 local government affecting the arrest. Unless the State's
4 Attorney or prosecutor, the Department of State Police, the
5 arresting agency or such chief legal officer objects to the
6 petition within 30 days from the date of the notice, the
7 court shall enter an order granting or denying the petition.
8 The clerk of the court shall promptly mail a copy of the
9 order to the person, the arresting agency, the prosecutor,
10 the Department of State Police and such other criminal
11 justice agencies as may be ordered by the judge.
12 (e) Nothing herein shall prevent the Department of State
13 Police from maintaining all records of any person who is
14 admitted to probation upon terms and conditions and who
15 fulfills those terms and conditions pursuant to Section 10 of
16 the Cannabis Control Act, Section 410 of the Illinois
17 Controlled Substances Act, Section 12-4.3 of the Criminal
18 Code of 1961, Section 10-102 of the Illinois Alcoholism and
19 Other Drug Dependency Act, Section 40-10 of the Alcoholism
20 and Other Drug Abuse and Dependency Act, or Section 10 of the
21 Steroid Control Act.
22 (f) No court order issued pursuant to the expungement
23 provisions of this Section shall become final for purposes of
24 appeal until 30 days after notice is received by the
25 Department. Any court order contrary to the provisions of
26 this Section is void.
27 (g) Except as otherwise provided in subsection (c-5) of
28 this Section, the court shall not order the sealing or
29 expungement of the arrest records and records of the circuit
30 court clerk of any person granted supervision for or
31 convicted of any sexual offense committed against a minor
32 under 18 years of age. For the purposes of this Section,
33 "sexual offense committed against a minor" includes but is
34 not limited to the offenses of indecent solicitation of a
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1 child or criminal sexual abuse when the victim of such
2 offense is under 18 years of age.
3 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
4 91-357, eff. 7-29-99.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.