Illinois 2023-2024 Regular Session

Illinois House Bill HB1082 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1082 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2 Amends the Criminal Identification Act. Provides that notwithstanding current law, objections to a petition to expunge or seal must be filed within 15 days in cases in which a petitioner has met all of eligibility requirements under the Act and has demonstrated employment. Provides that a hearing on the basis of an objection for such an eligible petitioner shall be held within 15 days. Effective January 1, 2024. LRB103 04852 RLC 49862 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1082 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2 20 ILCS 2630/5.2 Amends the Criminal Identification Act. Provides that notwithstanding current law, objections to a petition to expunge or seal must be filed within 15 days in cases in which a petitioner has met all of eligibility requirements under the Act and has demonstrated employment. Provides that a hearing on the basis of an objection for such an eligible petitioner shall be held within 15 days. Effective January 1, 2024. LRB103 04852 RLC 49862 b LRB103 04852 RLC 49862 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1082 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 2630/5.2 20 ILCS 2630/5.2
4	4	20 ILCS 2630/5.2
5	5	Amends the Criminal Identification Act. Provides that notwithstanding current law, objections to a petition to expunge or seal must be filed within 15 days in cases in which a petitioner has met all of eligibility requirements under the Act and has demonstrated employment. Provides that a hearing on the basis of an objection for such an eligible petitioner shall be held within 15 days. Effective January 1, 2024.
6	6	LRB103 04852 RLC 49862 b LRB103 04852 RLC 49862 b
7	7	LRB103 04852 RLC 49862 b
8	8	A BILL FOR
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10	10	HB1082 LRB103 04852 RLC 49862 b
11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Identification Act is amended by
15	15	5 changing Section 5.2 as follows:
16	16	6 (20 ILCS 2630/5.2)
17	17	7 Sec. 5.2. Expungement, sealing, and immediate sealing.
18	18	8 (a) General Provisions.
19	19	9 (1) Definitions. In this Act, words and phrases have
20	20	10 the meanings set forth in this subsection, except when a
21	21	11 particular context clearly requires a different meaning.
22	22	12 (A) The following terms shall have the meanings
23	23	13 ascribed to them in the following Sections of the
24	24	14 Unified Code of Corrections:
25	25	15 Business Offense, Section 5-1-2.
26	26	16 Charge, Section 5-1-3.
27	27	17 Court, Section 5-1-6.
28	28	18 Defendant, Section 5-1-7.
29	29	19 Felony, Section 5-1-9.
30	30	20 Imprisonment, Section 5-1-10.
31	31	21 Judgment, Section 5-1-12.
32	32	22 Misdemeanor, Section 5-1-14.
33	33	23 Offense, Section 5-1-15.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1082 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
38	38	20 ILCS 2630/5.2 20 ILCS 2630/5.2
39	39	20 ILCS 2630/5.2
40	40	Amends the Criminal Identification Act. Provides that notwithstanding current law, objections to a petition to expunge or seal must be filed within 15 days in cases in which a petitioner has met all of eligibility requirements under the Act and has demonstrated employment. Provides that a hearing on the basis of an objection for such an eligible petitioner shall be held within 15 days. Effective January 1, 2024.
41	41	LRB103 04852 RLC 49862 b LRB103 04852 RLC 49862 b
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43	43	A BILL FOR
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68	68	1 Parole, Section 5-1-16.
69	69	2 Petty Offense, Section 5-1-17.
70	70	3 Probation, Section 5-1-18.
71	71	4 Sentence, Section 5-1-19.
72	72	5 Supervision, Section 5-1-21.
73	73	6 Victim, Section 5-1-22.
74	74	7 (B) As used in this Section, "charge not initiated
75	75	8 by arrest" means a charge (as defined by Section 5-1-3
76	76	9 of the Unified Code of Corrections) brought against a
77	77	10 defendant where the defendant is not arrested prior to
78	78	11 or as a direct result of the charge.
79	79	12 (C) "Conviction" means a judgment of conviction or
80	80	13 sentence entered upon a plea of guilty or upon a
81	81	14 verdict or finding of guilty of an offense, rendered
82	82	15 by a legally constituted jury or by a court of
83	83	16 competent jurisdiction authorized to try the case
84	84	17 without a jury. An order of supervision successfully
85	85	18 completed by the petitioner is not a conviction. An
86	86	19 order of qualified probation (as defined in subsection
87	87	20 (a)(1)(J)) successfully completed by the petitioner is
88	88	21 not a conviction. An order of supervision or an order
89	89	22 of qualified probation that is terminated
90	90	23 unsatisfactorily is a conviction, unless the
91	91	24 unsatisfactory termination is reversed, vacated, or
92	92	25 modified and the judgment of conviction, if any, is
93	93	26 reversed or vacated.
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104	104	1 (D) "Criminal offense" means a petty offense,
105	105	2 business offense, misdemeanor, felony, or municipal
106	106	3 ordinance violation (as defined in subsection
107	107	4 (a)(1)(H)). As used in this Section, a minor traffic
108	108	5 offense (as defined in subsection (a)(1)(G)) shall not
109	109	6 be considered a criminal offense.
110	110	7 (E) "Expunge" means to physically destroy the
111	111	8 records or return them to the petitioner and to
112	112	9 obliterate the petitioner's name from any official
113	113	10 index or public record, or both. Nothing in this Act
114	114	11 shall require the physical destruction of the circuit
115	115	12 court file, but such records relating to arrests or
116	116	13 charges, or both, ordered expunged shall be impounded
117	117	14 as required by subsections (d)(9)(A)(ii) and
118	118	15 (d)(9)(B)(ii).
119	119	16 (F) As used in this Section, "last sentence" means
120	120	17 the sentence, order of supervision, or order of
121	121	18 qualified probation (as defined by subsection
122	122	19 (a)(1)(J)), for a criminal offense (as defined by
123	123	20 subsection (a)(1)(D)) that terminates last in time in
124	124	21 any jurisdiction, regardless of whether the petitioner
125	125	22 has included the criminal offense for which the
126	126	23 sentence or order of supervision or qualified
127	127	24 probation was imposed in his or her petition. If
128	128	25 multiple sentences, orders of supervision, or orders
129	129	26 of qualified probation terminate on the same day and
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140	140	1 are last in time, they shall be collectively
141	141	2 considered the "last sentence" regardless of whether
142	142	3 they were ordered to run concurrently.
143	143	4 (G) "Minor traffic offense" means a petty offense,
144	144	5 business offense, or Class C misdemeanor under the
145	145	6 Illinois Vehicle Code or a similar provision of a
146	146	7 municipal or local ordinance.
147	147	8 (G-5) "Minor Cannabis Offense" means a violation
148	148	9 of Section 4 or 5 of the Cannabis Control Act
149	149	10 concerning not more than 30 grams of any substance
150	150	11 containing cannabis, provided the violation did not
151	151	12 include a penalty enhancement under Section 7 of the
152	152	13 Cannabis Control Act and is not associated with an
153	153	14 arrest, conviction or other disposition for a violent
154	154	15 crime as defined in subsection (c) of Section 3 of the
155	155	16 Rights of Crime Victims and Witnesses Act.
156	156	17 (H) "Municipal ordinance violation" means an
157	157	18 offense defined by a municipal or local ordinance that
158	158	19 is criminal in nature and with which the petitioner
159	159	20 was charged or for which the petitioner was arrested
160	160	21 and released without charging.
161	161	22 (I) "Petitioner" means an adult or a minor
162	162	23 prosecuted as an adult who has applied for relief
163	163	24 under this Section.
164	164	25 (J) "Qualified probation" means an order of
165	165	26 probation under Section 10 of the Cannabis Control
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176	176	1 Act, Section 410 of the Illinois Controlled Substances
177	177	2 Act, Section 70 of the Methamphetamine Control and
178	178	3 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
179	179	4 of the Unified Code of Corrections, Section
180	180	5 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
181	181	6 those provisions existed before their deletion by
182	182	7 Public Act 89-313), Section 10-102 of the Illinois
183	183	8 Alcoholism and Other Drug Dependency Act, Section
184	184	9 40-10 of the Substance Use Disorder Act, or Section 10
185	185	10 of the Steroid Control Act. For the purpose of this
186	186	11 Section, "successful completion" of an order of
187	187	12 qualified probation under Section 10-102 of the
188	188	13 Illinois Alcoholism and Other Drug Dependency Act and
189	189	14 Section 40-10 of the Substance Use Disorder Act means
190	190	15 that the probation was terminated satisfactorily and
191	191	16 the judgment of conviction was vacated.
192	192	17 (K) "Seal" means to physically and electronically
193	193	18 maintain the records, unless the records would
194	194	19 otherwise be destroyed due to age, but to make the
195	195	20 records unavailable without a court order, subject to
196	196	21 the exceptions in Sections 12 and 13 of this Act. The
197	197	22 petitioner's name shall also be obliterated from the
198	198	23 official index required to be kept by the circuit
199	199	24 court clerk under Section 16 of the Clerks of Courts
200	200	25 Act, but any index issued by the circuit court clerk
201	201	26 before the entry of the order to seal shall not be
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212	212	1 affected.
213	213	2 (L) "Sexual offense committed against a minor"
214	214	3 includes, but is not limited to, the offenses of
215	215	4 indecent solicitation of a child or criminal sexual
216	216	5 abuse when the victim of such offense is under 18 years
217	217	6 of age.
218	218	7 (M) "Terminate" as it relates to a sentence or
219	219	8 order of supervision or qualified probation includes
220	220	9 either satisfactory or unsatisfactory termination of
221	221	10 the sentence, unless otherwise specified in this
222	222	11 Section. A sentence is terminated notwithstanding any
223	223	12 outstanding financial legal obligation.
224	224	13 (2) Minor Traffic Offenses. Orders of supervision or
225	225	14 convictions for minor traffic offenses shall not affect a
226	226	15 petitioner's eligibility to expunge or seal records
227	227	16 pursuant to this Section.
228	228	17 (2.5) Commencing 180 days after July 29, 2016 (the
229	229	18 effective date of Public Act 99-697), the law enforcement
230	230	19 agency issuing the citation shall automatically expunge,
231	231	20 on or before January 1 and July 1 of each year, the law
232	232	21 enforcement records of a person found to have committed a
233	233	22 civil law violation of subsection (a) of Section 4 of the
234	234	23 Cannabis Control Act or subsection (c) of Section 3.5 of
235	235	24 the Drug Paraphernalia Control Act in the law enforcement
236	236	25 agency's possession or control and which contains the
237	237	26 final satisfactory disposition which pertain to the person
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248	248	1 issued a citation for that offense. The law enforcement
249	249	2 agency shall provide by rule the process for access,
250	250	3 review, and to confirm the automatic expungement by the
251	251	4 law enforcement agency issuing the citation. Commencing
252	252	5 180 days after July 29, 2016 (the effective date of Public
253	253	6 Act 99-697), the clerk of the circuit court shall expunge,
254	254	7 upon order of the court, or in the absence of a court order
255	255	8 on or before January 1 and July 1 of each year, the court
256	256	9 records of a person found in the circuit court to have
257	257	10 committed a civil law violation of subsection (a) of
258	258	11 Section 4 of the Cannabis Control Act or subsection (c) of
259	259	12 Section 3.5 of the Drug Paraphernalia Control Act in the
260	260	13 clerk's possession or control and which contains the final
261	261	14 satisfactory disposition which pertain to the person
262	262	15 issued a citation for any of those offenses.
263	263	16 (3) Exclusions. Except as otherwise provided in
264	264	17 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
265	265	18 of this Section, the court shall not order:
266	266	19 (A) the sealing or expungement of the records of
267	267	20 arrests or charges not initiated by arrest that result
268	268	21 in an order of supervision for or conviction of: (i)
269	269	22 any sexual offense committed against a minor; (ii)
270	270	23 Section 11-501 of the Illinois Vehicle Code or a
271	271	24 similar provision of a local ordinance; or (iii)
272	272	25 Section 11-503 of the Illinois Vehicle Code or a
273	273	26 similar provision of a local ordinance, unless the
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284	284	1 arrest or charge is for a misdemeanor violation of
285	285	2 subsection (a) of Section 11-503 or a similar
286	286	3 provision of a local ordinance, that occurred prior to
287	287	4 the offender reaching the age of 25 years and the
288	288	5 offender has no other conviction for violating Section
289	289	6 11-501 or 11-503 of the Illinois Vehicle Code or a
290	290	7 similar provision of a local ordinance.
291	291	8 (B) the sealing or expungement of records of minor
292	292	9 traffic offenses (as defined in subsection (a)(1)(G)),
293	293	10 unless the petitioner was arrested and released
294	294	11 without charging.
295	295	12 (C) the sealing of the records of arrests or
296	296	13 charges not initiated by arrest which result in an
297	297	14 order of supervision or a conviction for the following
298	298	15 offenses:
299	299	16 (i) offenses included in Article 11 of the
300	300	17 Criminal Code of 1961 or the Criminal Code of 2012
301	301	18 or a similar provision of a local ordinance,
302	302	19 except Section 11-14 and a misdemeanor violation
303	303	20 of Section 11-30 of the Criminal Code of 1961 or
304	304	21 the Criminal Code of 2012, or a similar provision
305	305	22 of a local ordinance;
306	306	23 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
307	307	24 26-5, or 48-1 of the Criminal Code of 1961 or the
308	308	25 Criminal Code of 2012, or a similar provision of a
309	309	26 local ordinance;
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320	320	1 (iii) Section Sections 12-3.1 or 12-3.2 of the
321	321	2 Criminal Code of 1961 or the Criminal Code of
322	322	3 2012, or Section 125 of the Stalking No Contact
323	323	4 Order Act, or Section 219 of the Civil No Contact
324	324	5 Order Act, or a similar provision of a local
325	325	6 ordinance;
326	326	7 (iv) Class A misdemeanors or felony offenses
327	327	8 under the Humane Care for Animals Act; or
328	328	9 (v) any offense or attempted offense that
329	329	10 would subject a person to registration under the
330	330	11 Sex Offender Registration Act.
331	331	12 (D) (blank).
332	332	13 (b) Expungement.
333	333	14 (1) A petitioner may petition the circuit court to
334	334	15 expunge the records of his or her arrests and charges not
335	335	16 initiated by arrest when each arrest or charge not
336	336	17 initiated by arrest sought to be expunged resulted in: (i)
337	337	18 acquittal, dismissal, or the petitioner's release without
338	338	19 charging, unless excluded by subsection (a)(3)(B); (ii) a
339	339	20 conviction which was vacated or reversed, unless excluded
340	340	21 by subsection (a)(3)(B); (iii) an order of supervision and
341	341	22 such supervision was successfully completed by the
342	342	23 petitioner, unless excluded by subsection (a)(3)(A) or
343	343	24 (a)(3)(B); or (iv) an order of qualified probation (as
344	344	25 defined in subsection (a)(1)(J)) and such probation was
345	345	26 successfully completed by the petitioner.
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356	356	1 (1.5) When a petitioner seeks to have a record of
357	357	2 arrest expunged under this Section, and the offender has
358	358	3 been convicted of a criminal offense, the State's Attorney
359	359	4 may object to the expungement on the grounds that the
360	360	5 records contain specific relevant information aside from
361	361	6 the mere fact of the arrest.
362	362	7 (2) Time frame for filing a petition to expunge.
363	363	8 (A) When the arrest or charge not initiated by
364	364	9 arrest sought to be expunged resulted in an acquittal,
365	365	10 dismissal, the petitioner's release without charging,
366	366	11 or the reversal or vacation of a conviction, there is
367	367	12 no waiting period to petition for the expungement of
368	368	13 such records.
369	369	14 (B) When the arrest or charge not initiated by
370	370	15 arrest sought to be expunged resulted in an order of
371	371	16 supervision, successfully completed by the petitioner,
372	372	17 the following time frames will apply:
373	373	18 (i) Those arrests or charges that resulted in
374	374	19 orders of supervision under Section 3-707, 3-708,
375	375	20 3-710, or 5-401.3 of the Illinois Vehicle Code or
376	376	21 a similar provision of a local ordinance, or under
377	377	22 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
378	378	23 Code of 1961 or the Criminal Code of 2012, or a
379	379	24 similar provision of a local ordinance, shall not
380	380	25 be eligible for expungement until 5 years have
381	381	26 passed following the satisfactory termination of
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392	392	1 the supervision.
393	393	2 (i-5) Those arrests or charges that resulted
394	394	3 in orders of supervision for a misdemeanor
395	395	4 violation of subsection (a) of Section 11-503 of
396	396	5 the Illinois Vehicle Code or a similar provision
397	397	6 of a local ordinance, that occurred prior to the
398	398	7 offender reaching the age of 25 years and the
399	399	8 offender has no other conviction for violating
400	400	9 Section 11-501 or 11-503 of the Illinois Vehicle
401	401	10 Code or a similar provision of a local ordinance
402	402	11 shall not be eligible for expungement until the
403	403	12 petitioner has reached the age of 25 years.
404	404	13 (ii) Those arrests or charges that resulted in
405	405	14 orders of supervision for any other offenses shall
406	406	15 not be eligible for expungement until 2 years have
407	407	16 passed following the satisfactory termination of
408	408	17 the supervision.
409	409	18 (C) When the arrest or charge not initiated by
410	410	19 arrest sought to be expunged resulted in an order of
411	411	20 qualified probation, successfully completed by the
412	412	21 petitioner, such records shall not be eligible for
413	413	22 expungement until 5 years have passed following the
414	414	23 satisfactory termination of the probation.
415	415	24 (3) Those records maintained by the Illinois State
416	416	25 Police for persons arrested prior to their 17th birthday
417	417	26 shall be expunged as provided in Section 5-915 of the
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428	428	1 Juvenile Court Act of 1987.
429	429	2 (4) Whenever a person has been arrested for or
430	430	3 convicted of any offense, in the name of a person whose
431	431	4 identity he or she has stolen or otherwise come into
432	432	5 possession of, the aggrieved person from whom the identity
433	433	6 was stolen or otherwise obtained without authorization,
434	434	7 upon learning of the person having been arrested using his
435	435	8 or her identity, may, upon verified petition to the chief
436	436	9 judge of the circuit wherein the arrest was made, have a
437	437	10 court order entered nunc pro tunc by the Chief Judge to
438	438	11 correct the arrest record, conviction record, if any, and
439	439	12 all official records of the arresting authority, the
440	440	13 Illinois State Police, other criminal justice agencies,
441	441	14 the prosecutor, and the trial court concerning such
442	442	15 arrest, if any, by removing his or her name from all such
443	443	16 records in connection with the arrest and conviction, if
444	444	17 any, and by inserting in the records the name of the
445	445	18 offender, if known or ascertainable, in lieu of the
446	446	19 aggrieved's name. The records of the circuit court clerk
447	447	20 shall be sealed until further order of the court upon good
448	448	21 cause shown and the name of the aggrieved person
449	449	22 obliterated on the official index required to be kept by
450	450	23 the circuit court clerk under Section 16 of the Clerks of
451	451	24 Courts Act, but the order shall not affect any index
452	452	25 issued by the circuit court clerk before the entry of the
453	453	26 order. Nothing in this Section shall limit the Illinois
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464	464	1 State Police or other criminal justice agencies or
465	465	2 prosecutors from listing under an offender's name the
466	466	3 false names he or she has used.
467	467	4 (5) Whenever a person has been convicted of criminal
468	468	5 sexual assault, aggravated criminal sexual assault,
469	469	6 predatory criminal sexual assault of a child, criminal
470	470	7 sexual abuse, or aggravated criminal sexual abuse, the
471	471	8 victim of that offense may request that the State's
472	472	9 Attorney of the county in which the conviction occurred
473	473	10 file a verified petition with the presiding trial judge at
474	474	11 the petitioner's trial to have a court order entered to
475	475	12 seal the records of the circuit court clerk in connection
476	476	13 with the proceedings of the trial court concerning that
477	477	14 offense. However, the records of the arresting authority
478	478	15 and the Illinois State Police concerning the offense shall
479	479	16 not be sealed. The court, upon good cause shown, shall
480	480	17 make the records of the circuit court clerk in connection
481	481	18 with the proceedings of the trial court concerning the
482	482	19 offense available for public inspection.
483	483	20 (6) If a conviction has been set aside on direct
484	484	21 review or on collateral attack and the court determines by
485	485	22 clear and convincing evidence that the petitioner was
486	486	23 factually innocent of the charge, the court that finds the
487	487	24 petitioner factually innocent of the charge shall enter an
488	488	25 expungement order for the conviction for which the
489	489	26 petitioner has been determined to be innocent as provided
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495	495	HB1082 - 13 - LRB103 04852 RLC 49862 b
496	496
497	497
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499	499	HB1082 - 14 - LRB103 04852 RLC 49862 b
500	500	1 in subsection (b) of Section 5-5-4 of the Unified Code of
501	501	2 Corrections.
502	502	3 (7) Nothing in this Section shall prevent the Illinois
503	503	4 State Police from maintaining all records of any person
504	504	5 who is admitted to probation upon terms and conditions and
505	505	6 who fulfills those terms and conditions pursuant to
506	506	7 Section 10 of the Cannabis Control Act, Section 410 of the
507	507	8 Illinois Controlled Substances Act, Section 70 of the
508	508	9 Methamphetamine Control and Community Protection Act,
509	509	10 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
510	510	11 Corrections, Section 12-4.3 or subdivision (b)(1) of
511	511	12 Section 12-3.05 of the Criminal Code of 1961 or the
512	512	13 Criminal Code of 2012, Section 10-102 of the Illinois
513	513	14 Alcoholism and Other Drug Dependency Act, Section 40-10 of
514	514	15 the Substance Use Disorder Act, or Section 10 of the
515	515	16 Steroid Control Act.
516	516	17 (8) If the petitioner has been granted a certificate
517	517	18 of innocence under Section 2-702 of the Code of Civil
518	518	19 Procedure, the court that grants the certificate of
519	519	20 innocence shall also enter an order expunging the
520	520	21 conviction for which the petitioner has been determined to
521	521	22 be innocent as provided in subsection (h) of Section 2-702
522	522	23 of the Code of Civil Procedure.
523	523	24 (c) Sealing.
524	524	25 (1) Applicability. Notwithstanding any other provision
525	525	26 of this Act to the contrary, and cumulative with any
526	526
527	527
528	528
529	529
530	530
531	531	HB1082 - 14 - LRB103 04852 RLC 49862 b
532	532
533	533
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535	535	HB1082 - 15 - LRB103 04852 RLC 49862 b
536	536	1 rights to expungement of criminal records, this subsection
537	537	2 authorizes the sealing of criminal records of adults and
538	538	3 of minors prosecuted as adults. Subsection (g) of this
539	539	4 Section provides for immediate sealing of certain records.
540	540	5 (2) Eligible Records. The following records may be
541	541	6 sealed:
542	542	7 (A) All arrests resulting in release without
543	543	8 charging;
544	544	9 (B) Arrests or charges not initiated by arrest
545	545	10 resulting in acquittal, dismissal, or conviction when
546	546	11 the conviction was reversed or vacated, except as
547	547	12 excluded by subsection (a)(3)(B);
548	548	13 (C) Arrests or charges not initiated by arrest
549	549	14 resulting in orders of supervision, including orders
550	550	15 of supervision for municipal ordinance violations,
551	551	16 successfully completed by the petitioner, unless
552	552	17 excluded by subsection (a)(3);
553	553	18 (D) Arrests or charges not initiated by arrest
554	554	19 resulting in convictions, including convictions on
555	555	20 municipal ordinance violations, unless excluded by
556	556	21 subsection (a)(3);
557	557	22 (E) Arrests or charges not initiated by arrest
558	558	23 resulting in orders of first offender probation under
559	559	24 Section 10 of the Cannabis Control Act, Section 410 of
560	560	25 the Illinois Controlled Substances Act, Section 70 of
561	561	26 the Methamphetamine Control and Community Protection
562	562
563	563
564	564
565	565
566	566
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568	568
569	569
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571	571	HB1082 - 16 - LRB103 04852 RLC 49862 b
572	572	1 Act, or Section 5-6-3.3 of the Unified Code of
573	573	2 Corrections; and
574	574	3 (F) Arrests or charges not initiated by arrest
575	575	4 resulting in felony convictions unless otherwise
576	576	5 excluded by subsection (a) paragraph (3) of this
577	577	6 Section.
578	578	7 (3) When Records Are Eligible to Be Sealed. Records
579	579	8 identified as eligible under subsection (c)(2) may be
580	580	9 sealed as follows:
581	581	10 (A) Records identified as eligible under
582	582	11 subsections subsection (c)(2)(A) and (c)(2)(B) may be
583	583	12 sealed at any time.
584	584	13 (B) Except as otherwise provided in subparagraph
585	585	14 (E) of this paragraph (3), records identified as
586	586	15 eligible under subsection (c)(2)(C) may be sealed 2
587	587	16 years after the termination of petitioner's last
588	588	17 sentence (as defined in subsection (a)(1)(F)).
589	589	18 (C) Except as otherwise provided in subparagraph
590	590	19 (E) of this paragraph (3), records identified as
591	591	20 eligible under subsections (c)(2)(D), (c)(2)(E), and
592	592	21 (c)(2)(F) may be sealed 3 years after the termination
593	593	22 of the petitioner's last sentence (as defined in
594	594	23 subsection (a)(1)(F)). Convictions requiring public
595	595	24 registration under the Arsonist Registration Act, the
596	596	25 Sex Offender Registration Act, or the Murderer and
597	597	26 Violent Offender Against Youth Registration Act may
598	598
599	599
600	600
601	601
602	602
603	603	HB1082 - 16 - LRB103 04852 RLC 49862 b
604	604
605	605
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607	607	HB1082 - 17 - LRB103 04852 RLC 49862 b
608	608	1 not be sealed until the petitioner is no longer
609	609	2 required to register under that relevant Act.
610	610	3 (D) Records identified in subsection
611	611	4 (a)(3)(A)(iii) may be sealed after the petitioner has
612	612	5 reached the age of 25 years.
613	613	6 (E) Records identified as eligible under
614	614	7 subsection subsections (c)(2)(C), (c)(2)(D),
615	615	8 (c)(2)(E), or (c)(2)(F) may be sealed upon termination
616	616	9 of the petitioner's last sentence if the petitioner
617	617	10 earned a high school diploma, associate's degree,
618	618	11 career certificate, vocational technical
619	619	12 certification, or bachelor's degree, or passed the
620	620	13 high school level Test of General Educational
621	621	14 Development, during the period of his or her sentence
622	622	15 or mandatory supervised release. This subparagraph
623	623	16 shall apply only to a petitioner who has not completed
624	624	17 the same educational goal prior to the period of his or
625	625	18 her sentence or mandatory supervised release. If a
626	626	19 petition for sealing eligible records filed under this
627	627	20 subparagraph is denied by the court, the time periods
628	628	21 under subparagraph (B) or (C) shall apply to any
629	629	22 subsequent petition for sealing filed by the
630	630	23 petitioner.
631	631	24 (4) Subsequent felony convictions. A person may not
632	632	25 have subsequent felony conviction records sealed as
633	633	26 provided in this subsection (c) if he or she is convicted
634	634
635	635
636	636
637	637
638	638
639	639	HB1082 - 17 - LRB103 04852 RLC 49862 b
640	640
641	641
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643	643	HB1082 - 18 - LRB103 04852 RLC 49862 b
644	644	1 of any felony offense after the date of the sealing of
645	645	2 prior felony convictions as provided in this subsection
646	646	3 (c). The court may, upon conviction for a subsequent
647	647	4 felony offense, order the unsealing of prior felony
648	648	5 conviction records previously ordered sealed by the court.
649	649	6 (5) Notice of eligibility for sealing. Upon entry of a
650	650	7 disposition for an eligible record under this subsection
651	651	8 (c), the petitioner shall be informed by the court of the
652	652	9 right to have the records sealed and the procedures for
653	653	10 the sealing of the records.
654	654	11 (d) Procedure. The following procedures apply to
655	655	12 expungement under subsections (b), (e), and (e-6) and sealing
656	656	13 under subsections (c) and (e-5):
657	657	14 (1) Filing the petition. Upon becoming eligible to
658	658	15 petition for the expungement or sealing of records under
659	659	16 this Section, the petitioner shall file a petition
660	660	17 requesting the expungement or sealing of records with the
661	661	18 clerk of the court where the arrests occurred or the
662	662	19 charges were brought, or both. If arrests occurred or
663	663	20 charges were brought in multiple jurisdictions, a petition
664	664	21 must be filed in each such jurisdiction. The petitioner
665	665	22 shall pay the applicable fee, except no fee shall be
666	666	23 required if the petitioner has obtained a court order
667	667	24 waiving fees under Supreme Court Rule 298 or it is
668	668	25 otherwise waived.
669	669	26 (1.5) County fee waiver pilot program. From August 9,
670	670
671	671
672	672
673	673
674	674
675	675	HB1082 - 18 - LRB103 04852 RLC 49862 b
676	676
677	677
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679	679	HB1082 - 19 - LRB103 04852 RLC 49862 b
680	680	1 2019 (the effective date of Public Act 101-306) through
681	681	2 December 31, 2020, in a county of 3,000,000 or more
682	682	3 inhabitants, no fee shall be required to be paid by a
683	683	4 petitioner if the records sought to be expunged or sealed
684	684	5 were arrests resulting in release without charging or
685	685	6 arrests or charges not initiated by arrest resulting in
686	686	7 acquittal, dismissal, or conviction when the conviction
687	687	8 was reversed or vacated, unless excluded by subsection
688	688	9 (a)(3)(B). The provisions of this paragraph (1.5), other
689	689	10 than this sentence, are inoperative on and after January
690	690	11 1, 2022.
691	691	12 (2) Contents of petition. The petition shall be
692	692	13 verified and shall contain the petitioner's name, date of
693	693	14 birth, current address and, for each arrest or charge not
694	694	15 initiated by arrest sought to be sealed or expunged, the
695	695	16 case number, the date of arrest (if any), the identity of
696	696	17 the arresting authority, and such other information as the
697	697	18 court may require. During the pendency of the proceeding,
698	698	19 the petitioner shall promptly notify the circuit court
699	699	20 clerk of any change of his or her address. If the
700	700	21 petitioner has received a certificate of eligibility for
701	701	22 sealing from the Prisoner Review Board under paragraph
702	702	23 (10) of subsection (a) of Section 3-3-2 of the Unified
703	703	24 Code of Corrections, the certificate shall be attached to
704	704	25 the petition.
705	705	26 (3) Drug test. The petitioner must attach to the
706	706
707	707
708	708
709	709
710	710
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712	712
713	713
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715	715	HB1082 - 20 - LRB103 04852 RLC 49862 b
716	716	1 petition proof that the petitioner has taken within 30
717	717	2 days before the filing of the petition a test showing the
718	718	3 absence within his or her body of all illegal substances
719	719	4 as defined by the Illinois Controlled Substances Act and
720	720	5 the Methamphetamine Control and Community Protection Act
721	721	6 if he or she is petitioning to:
722	722	7 (A) seal felony records under clause (c)(2)(E);
723	723	8 (B) seal felony records for a violation of the
724	724	9 Illinois Controlled Substances Act, the
725	725	10 Methamphetamine Control and Community Protection Act,
726	726	11 or the Cannabis Control Act under clause (c)(2)(F);
727	727	12 (C) seal felony records under subsection (e-5); or
728	728	13 (D) expunge felony records of a qualified
729	729	14 probation under clause (b)(1)(iv).
730	730	15 (4) Service of petition. The circuit court clerk shall
731	731	16 promptly serve a copy of the petition and documentation to
732	732	17 support the petition under subsection (e-5) or (e-6) on
733	733	18 the State's Attorney or prosecutor charged with the duty
734	734	19 of prosecuting the offense, the Illinois State Police, the
735	735	20 arresting agency and the chief legal officer of the unit
736	736	21 of local government effecting the arrest.
737	737	22 (5) Objections.
738	738	23 (A) Any party entitled to notice of the petition
739	739	24 may file an objection to the petition. All objections
740	740	25 shall be in writing, shall be filed with the circuit
741	741	26 court clerk, and shall state with specificity the
742	742
743	743
744	744
745	745
746	746
747	747	HB1082 - 20 - LRB103 04852 RLC 49862 b
748	748
749	749
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751	751	HB1082 - 21 - LRB103 04852 RLC 49862 b
752	752	1 basis of the objection. Whenever a person who has been
753	753	2 convicted of an offense is granted a pardon by the
754	754	3 Governor which specifically authorizes expungement, an
755	755	4 objection to the petition may not be filed.
756	756	5 (B) Objections to a petition to expunge or seal
757	757	6 must be filed within 60 days of the date of service of
758	758	7 the petition.
759	759	8 (C) Notwithstanding subdivision (B) of this
760	760	9 paragraph (5), objections to a petition to expunge or
761	761	10 seal must be filed within 15 days in cases in which a
762	762	11 petitioner has met all of eligibility requirements
763	763	12 under this Section and has demonstrated employment. A
764	764	13 hearing on the basis of an objection for such an
765	765	14 eligible petitioner shall be held within 15 days.
766	766	15 (6) Entry of order.
767	767	16 (A) The Chief Judge of the circuit wherein the
768	768	17 charge was brought, any judge of that circuit
769	769	18 designated by the Chief Judge, or in counties of less
770	770	19 than 3,000,000 inhabitants, the presiding trial judge
771	771	20 at the petitioner's trial, if any, shall rule on the
772	772	21 petition to expunge or seal as set forth in this
773	773	22 subsection (d)(6).
774	774	23 (B) Unless the State's Attorney or prosecutor, the
775	775	24 Illinois State Police, the arresting agency, or the
776	776	25 chief legal officer files an objection to the petition
777	777	26 to expunge or seal within 60 days from the date of
778	778
779	779
780	780
781	781
782	782
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784	784
785	785
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787	787	HB1082 - 22 - LRB103 04852 RLC 49862 b
788	788	1 service of the petition, the court shall enter an
789	789	2 order granting or denying the petition.
790	790	3 (C) Notwithstanding any other provision of law,
791	791	4 the court shall not deny a petition for sealing under
792	792	5 this Section because the petitioner has not satisfied
793	793	6 an outstanding legal financial obligation established,
794	794	7 imposed, or originated by a court, law enforcement
795	795	8 agency, or a municipal, State, county, or other unit
796	796	9 of local government, including, but not limited to,
797	797	10 any cost, assessment, fine, or fee. An outstanding
798	798	11 legal financial obligation does not include any court
799	799	12 ordered restitution to a victim under Section 5-5-6 of
800	800	13 the Unified Code of Corrections, unless the
801	801	14 restitution has been converted to a civil judgment.
802	802	15 Nothing in this subparagraph (C) waives, rescinds, or
803	803	16 abrogates a legal financial obligation or otherwise
804	804	17 eliminates or affects the right of the holder of any
805	805	18 financial obligation to pursue collection under
806	806	19 applicable federal, State, or local law.
807	807	20 (D) Notwithstanding any other provision of law,
808	808	21 the court shall not deny a petition to expunge or seal
809	809	22 under this Section because the petitioner has
810	810	23 submitted a drug test taken within 30 days before the
811	811	24 filing of the petition to expunge or seal that
812	812	25 indicates a positive test for the presence of cannabis
813	813	26 within the petitioner's body. In this subparagraph
814	814
815	815
816	816
817	817
818	818
819	819	HB1082 - 22 - LRB103 04852 RLC 49862 b
820	820
821	821
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823	823	HB1082 - 23 - LRB103 04852 RLC 49862 b
824	824	1 (D), "cannabis" has the meaning ascribed to it in
825	825	2 Section 3 of the Cannabis Control Act.
826	826	3 (7) Hearings. If an objection is filed, the court
827	827	4 shall set a date for a hearing and notify the petitioner
828	828	5 and all parties entitled to notice of the petition of the
829	829	6 hearing date at least 30 days prior to the hearing. Prior
830	830	7 to the hearing, the State's Attorney shall consult with
831	831	8 the Illinois State Police as to the appropriateness of the
832	832	9 relief sought in the petition to expunge or seal. At the
833	833	10 hearing, the court shall hear evidence on whether the
834	834	11 petition should or should not be granted, and shall grant
835	835	12 or deny the petition to expunge or seal the records based
836	836	13 on the evidence presented at the hearing. The court may
837	837	14 consider the following:
838	838	15 (A) the strength of the evidence supporting the
839	839	16 defendant's conviction;
840	840	17 (B) the reasons for retention of the conviction
841	841	18 records by the State;
842	842	19 (C) the petitioner's age, criminal record history,
843	843	20 and employment history;
844	844	21 (D) the period of time between the petitioner's
845	845	22 arrest on the charge resulting in the conviction and
846	846	23 the filing of the petition under this Section; and
847	847	24 (E) the specific adverse consequences the
848	848	25 petitioner may be subject to if the petition is
849	849	26 denied.
850	850
851	851
852	852
853	853
854	854
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856	856
857	857
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859	859	HB1082 - 24 - LRB103 04852 RLC 49862 b
860	860	1 (8) Service of order. After entering an order to
861	861	2 expunge or seal records, the court must provide copies of
862	862	3 the order to the Illinois State Police, in a form and
863	863	4 manner prescribed by the Illinois State Police, to the
864	864	5 petitioner, to the State's Attorney or prosecutor charged
865	865	6 with the duty of prosecuting the offense, to the arresting
866	866	7 agency, to the chief legal officer of the unit of local
867	867	8 government effecting the arrest, and to such other
868	868	9 criminal justice agencies as may be ordered by the court.
869	869	10 (9) Implementation of order.
870	870	11 (A) Upon entry of an order to expunge records
871	871	12 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
872	872	13 both:
873	873	14 (i) the records shall be expunged (as defined
874	874	15 in subsection (a)(1)(E)) by the arresting agency,
875	875	16 the Illinois State Police, and any other agency as
876	876	17 ordered by the court, within 60 days of the date of
877	877	18 service of the order, unless a motion to vacate,
878	878	19 modify, or reconsider the order is filed pursuant
879	879	20 to paragraph (12) of subsection (d) of this
880	880	21 Section;
881	881	22 (ii) the records of the circuit court clerk
882	882	23 shall be impounded until further order of the
883	883	24 court upon good cause shown and the name of the
884	884	25 petitioner obliterated on the official index
885	885	26 required to be kept by the circuit court clerk
886	886
887	887
888	888
889	889
890	890
891	891	HB1082 - 24 - LRB103 04852 RLC 49862 b
892	892
893	893
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895	895	HB1082 - 25 - LRB103 04852 RLC 49862 b
896	896	1 under Section 16 of the Clerks of Courts Act, but
897	897	2 the order shall not affect any index issued by the
898	898	3 circuit court clerk before the entry of the order;
899	899	4 and
900	900	5 (iii) in response to an inquiry for expunged
901	901	6 records, the court, the Illinois State Police, or
902	902	7 the agency receiving such inquiry, shall reply as
903	903	8 it does in response to inquiries when no records
904	904	9 ever existed.
905	905	10 (B) Upon entry of an order to expunge records
906	906	11 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
907	907	12 both:
908	908	13 (i) the records shall be expunged (as defined
909	909	14 in subsection (a)(1)(E)) by the arresting agency
910	910	15 and any other agency as ordered by the court,
911	911	16 within 60 days of the date of service of the order,
912	912	17 unless a motion to vacate, modify, or reconsider
913	913	18 the order is filed pursuant to paragraph (12) of
914	914	19 subsection (d) of this Section;
915	915	20 (ii) the records of the circuit court clerk
916	916	21 shall be impounded until further order of the
917	917	22 court upon good cause shown and the name of the
918	918	23 petitioner obliterated on the official index
919	919	24 required to be kept by the circuit court clerk
920	920	25 under Section 16 of the Clerks of Courts Act, but
921	921	26 the order shall not affect any index issued by the
922	922
923	923
924	924
925	925
926	926
927	927	HB1082 - 25 - LRB103 04852 RLC 49862 b
928	928
929	929
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931	931	HB1082 - 26 - LRB103 04852 RLC 49862 b
932	932	1 circuit court clerk before the entry of the order;
933	933	2 (iii) the records shall be impounded by the
934	934	3 Illinois State Police within 60 days of the date
935	935	4 of service of the order as ordered by the court,
936	936	5 unless a motion to vacate, modify, or reconsider
937	937	6 the order is filed pursuant to paragraph (12) of
938	938	7 subsection (d) of this Section;
939	939	8 (iv) records impounded by the Illinois State
940	940	9 Police may be disseminated by the Illinois State
941	941	10 Police only as required by law or to the arresting
942	942	11 authority, the State's Attorney, and the court
943	943	12 upon a later arrest for the same or a similar
944	944	13 offense or for the purpose of sentencing for any
945	945	14 subsequent felony, and to the Department of
946	946	15 Corrections upon conviction for any offense; and
947	947	16 (v) in response to an inquiry for such records
948	948	17 from anyone not authorized by law to access such
949	949	18 records, the court, the Illinois State Police, or
950	950	19 the agency receiving such inquiry shall reply as
951	951	20 it does in response to inquiries when no records
952	952	21 ever existed.
953	953	22 (B-5) Upon entry of an order to expunge records
954	954	23 under subsection (e-6):
955	955	24 (i) the records shall be expunged (as defined
956	956	25 in subsection (a)(1)(E)) by the arresting agency
957	957	26 and any other agency as ordered by the court,
958	958
959	959
960	960
961	961
962	962
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964	964
965	965
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967	967	HB1082 - 27 - LRB103 04852 RLC 49862 b
968	968	1 within 60 days of the date of service of the order,
969	969	2 unless a motion to vacate, modify, or reconsider
970	970	3 the order is filed under paragraph (12) of
971	971	4 subsection (d) of this Section;
972	972	5 (ii) the records of the circuit court clerk
973	973	6 shall be impounded until further order of the
974	974	7 court upon good cause shown and the name of the
975	975	8 petitioner obliterated on the official index
976	976	9 required to be kept by the circuit court clerk
977	977	10 under Section 16 of the Clerks of Courts Act, but
978	978	11 the order shall not affect any index issued by the
979	979	12 circuit court clerk before the entry of the order;
980	980	13 (iii) the records shall be impounded by the
981	981	14 Illinois State Police within 60 days of the date
982	982	15 of service of the order as ordered by the court,
983	983	16 unless a motion to vacate, modify, or reconsider
984	984	17 the order is filed under paragraph (12) of
985	985	18 subsection (d) of this Section;
986	986	19 (iv) records impounded by the Illinois State
987	987	20 Police may be disseminated by the Illinois State
988	988	21 Police only as required by law or to the arresting
989	989	22 authority, the State's Attorney, and the court
990	990	23 upon a later arrest for the same or a similar
991	991	24 offense or for the purpose of sentencing for any
992	992	25 subsequent felony, and to the Department of
993	993	26 Corrections upon conviction for any offense; and
994	994
995	995
996	996
997	997
998	998
999	999	HB1082 - 27 - LRB103 04852 RLC 49862 b
1000	1000
1001	1001
1002	1002	HB1082- 28 -LRB103 04852 RLC 49862 b HB1082 - 28 - LRB103 04852 RLC 49862 b
1003	1003	HB1082 - 28 - LRB103 04852 RLC 49862 b
1004	1004	1 (v) in response to an inquiry for these
1005	1005	2 records from anyone not authorized by law to
1006	1006	3 access the records, the court, the Illinois State
1007	1007	4 Police, or the agency receiving the inquiry shall
1008	1008	5 reply as it does in response to inquiries when no
1009	1009	6 records ever existed.
1010	1010	7 (C) Upon entry of an order to seal records under
1011	1011	8 subsection (c), the arresting agency, any other agency
1012	1012	9 as ordered by the court, the Illinois State Police,
1013	1013	10 and the court shall seal the records (as defined in
1014	1014	11 subsection (a)(1)(K)). In response to an inquiry for
1015	1015	12 such records, from anyone not authorized by law to
1016	1016	13 access such records, the court, the Illinois State
1017	1017	14 Police, or the agency receiving such inquiry shall
1018	1018	15 reply as it does in response to inquiries when no
1019	1019	16 records ever existed.
1020	1020	17 (D) The Illinois State Police shall send written
1021	1021	18 notice to the petitioner of its compliance with each
1022	1022	19 order to expunge or seal records within 60 days of the
1023	1023	20 date of service of that order or, if a motion to
1024	1024	21 vacate, modify, or reconsider is filed, within 60 days
1025	1025	22 of service of the order resolving the motion, if that
1026	1026	23 order requires the Illinois State Police to expunge or
1027	1027	24 seal records. In the event of an appeal from the
1028	1028	25 circuit court order, the Illinois State Police shall
1029	1029	26 send written notice to the petitioner of its
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	HB1082 - 28 - LRB103 04852 RLC 49862 b
1036	1036
1037	1037
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1039	1039	HB1082 - 29 - LRB103 04852 RLC 49862 b
1040	1040	1 compliance with an Appellate Court or Supreme Court
1041	1041	2 judgment to expunge or seal records within 60 days of
1042	1042	3 the issuance of the court's mandate. The notice is not
1043	1043	4 required while any motion to vacate, modify, or
1044	1044	5 reconsider, or any appeal or petition for
1045	1045	6 discretionary appellate review, is pending.
1046	1046	7 (E) Upon motion, the court may order that a sealed
1047	1047	8 judgment or other court record necessary to
1048	1048	9 demonstrate the amount of any legal financial
1049	1049	10 obligation due and owing be made available for the
1050	1050	11 limited purpose of collecting any legal financial
1051	1051	12 obligations owed by the petitioner that were
1052	1052	13 established, imposed, or originated in the criminal
1053	1053	14 proceeding for which those records have been sealed.
1054	1054	15 The records made available under this subparagraph (E)
1055	1055	16 shall not be entered into the official index required
1056	1056	17 to be kept by the circuit court clerk under Section 16
1057	1057	18 of the Clerks of Courts Act and shall be immediately
1058	1058	19 re-impounded upon the collection of the outstanding
1059	1059	20 financial obligations.
1060	1060	21 (F) Notwithstanding any other provision of this
1061	1061	22 Section, a circuit court clerk may access a sealed
1062	1062	23 record for the limited purpose of collecting payment
1063	1063	24 for any legal financial obligations that were
1064	1064	25 established, imposed, or originated in the criminal
1065	1065	26 proceedings for which those records have been sealed.
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	HB1082 - 29 - LRB103 04852 RLC 49862 b
1072	1072
1073	1073
1074	1074	HB1082- 30 -LRB103 04852 RLC 49862 b HB1082 - 30 - LRB103 04852 RLC 49862 b
1075	1075	HB1082 - 30 - LRB103 04852 RLC 49862 b
1076	1076	1 (10) Fees. The Illinois State Police may charge the
1077	1077	2 petitioner a fee equivalent to the cost of processing any
1078	1078	3 order to expunge or seal records. Notwithstanding any
1079	1079	4 provision of the Clerks of Courts Act to the contrary, the
1080	1080	5 circuit court clerk may charge a fee equivalent to the
1081	1081	6 cost associated with the sealing or expungement of records
1082	1082	7 by the circuit court clerk. From the total filing fee
1083	1083	8 collected for the petition to seal or expunge, the circuit
1084	1084	9 court clerk shall deposit $10 into the Circuit Court Clerk
1085	1085	10 Operation and Administrative Fund, to be used to offset
1086	1086	11 the costs incurred by the circuit court clerk in
1087	1087	12 performing the additional duties required to serve the
1088	1088	13 petition to seal or expunge on all parties. The circuit
1089	1089	14 court clerk shall collect and remit the Illinois State
1090	1090	15 Police portion of the fee to the State Treasurer and it
1091	1091	16 shall be deposited in the State Police Services Fund. If
1092	1092	17 the record brought under an expungement petition was
1093	1093	18 previously sealed under this Section, the fee for the
1094	1094	19 expungement petition for that same record shall be waived.
1095	1095	20 (11) Final Order. No court order issued under the
1096	1096	21 expungement or sealing provisions of this Section shall
1097	1097	22 become final for purposes of appeal until 30 days after
1098	1098	23 service of the order on the petitioner and all parties
1099	1099	24 entitled to notice of the petition.
1100	1100	25 (12) Motion to Vacate, Modify, or Reconsider. Under
1101	1101	26 Section 2-1203 of the Code of Civil Procedure, the
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107	HB1082 - 30 - LRB103 04852 RLC 49862 b
1108	1108
1109	1109
1110	1110	HB1082- 31 -LRB103 04852 RLC 49862 b HB1082 - 31 - LRB103 04852 RLC 49862 b
1111	1111	HB1082 - 31 - LRB103 04852 RLC 49862 b
1112	1112	1 petitioner or any party entitled to notice may file a
1113	1113	2 motion to vacate, modify, or reconsider the order granting
1114	1114	3 or denying the petition to expunge or seal within 60 days
1115	1115	4 of service of the order. If filed more than 60 days after
1116	1116	5 service of the order, a petition to vacate, modify, or
1117	1117	6 reconsider shall comply with subsection (c) of Section
1118	1118	7 2-1401 of the Code of Civil Procedure. Upon filing of a
1119	1119	8 motion to vacate, modify, or reconsider, notice of the
1120	1120	9 motion shall be served upon the petitioner and all parties
1121	1121	10 entitled to notice of the petition.
1122	1122	11 (13) Effect of Order. An order granting a petition
1123	1123	12 under the expungement or sealing provisions of this
1124	1124	13 Section shall not be considered void because it fails to
1125	1125	14 comply with the provisions of this Section or because of
1126	1126	15 any error asserted in a motion to vacate, modify, or
1127	1127	16 reconsider. The circuit court retains jurisdiction to
1128	1128	17 determine whether the order is voidable and to vacate,
1129	1129	18 modify, or reconsider its terms based on a motion filed
1130	1130	19 under paragraph (12) of this subsection (d).
1131	1131	20 (14) Compliance with Order Granting Petition to Seal
1132	1132	21 Records. Unless a court has entered a stay of an order
1133	1133	22 granting a petition to seal, all parties entitled to
1134	1134	23 notice of the petition must fully comply with the terms of
1135	1135	24 the order within 60 days of service of the order even if a
1136	1136	25 party is seeking relief from the order through a motion
1137	1137	26 filed under paragraph (12) of this subsection (d) or is
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143	HB1082 - 31 - LRB103 04852 RLC 49862 b
1144	1144
1145	1145
1146	1146	HB1082- 32 -LRB103 04852 RLC 49862 b HB1082 - 32 - LRB103 04852 RLC 49862 b
1147	1147	HB1082 - 32 - LRB103 04852 RLC 49862 b
1148	1148	1 appealing the order.
1149	1149	2 (15) Compliance with Order Granting Petition to
1150	1150	3 Expunge Records. While a party is seeking relief from the
1151	1151	4 order granting the petition to expunge through a motion
1152	1152	5 filed under paragraph (12) of this subsection (d) or is
1153	1153	6 appealing the order, and unless a court has entered a stay
1154	1154	7 of that order, the parties entitled to notice of the
1155	1155	8 petition must seal, but need not expunge, the records
1156	1156	9 until there is a final order on the motion for relief or,
1157	1157	10 in the case of an appeal, the issuance of that court's
1158	1158	11 mandate.
1159	1159	12 (16) The changes to this subsection (d) made by Public
1160	1160	13 Act 98-163 apply to all petitions pending on August 5,
1161	1161	14 2013 (the effective date of Public Act 98-163) and to all
1162	1162	15 orders ruling on a petition to expunge or seal on or after
1163	1163	16 August 5, 2013 (the effective date of Public Act 98-163).
1164	1164	17 (e) Whenever a person who has been convicted of an offense
1165	1165	18 is granted a pardon by the Governor which specifically
1166	1166	19 authorizes expungement, he or she may, upon verified petition
1167	1167	20 to the Chief Judge of the circuit where the person had been
1168	1168	21 convicted, any judge of the circuit designated by the Chief
1169	1169	22 Judge, or in counties of less than 3,000,000 inhabitants, the
1170	1170	23 presiding trial judge at the defendant's trial, have a court
1171	1171	24 order entered expunging the record of arrest from the official
1172	1172	25 records of the arresting authority and order that the records
1173	1173	26 of the circuit court clerk and the Illinois State Police be
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179	HB1082 - 32 - LRB103 04852 RLC 49862 b
1180	1180
1181	1181
1182	1182	HB1082- 33 -LRB103 04852 RLC 49862 b HB1082 - 33 - LRB103 04852 RLC 49862 b
1183	1183	HB1082 - 33 - LRB103 04852 RLC 49862 b
1184	1184	1 sealed until further order of the court upon good cause shown
1185	1185	2 or as otherwise provided herein, and the name of the defendant
1186	1186	3 obliterated from the official index requested to be kept by
1187	1187	4 the circuit court clerk under Section 16 of the Clerks of
1188	1188	5 Courts Act in connection with the arrest and conviction for
1189	1189	6 the offense for which he or she had been pardoned but the order
1190	1190	7 shall not affect any index issued by the circuit court clerk
1191	1191	8 before the entry of the order. All records sealed by the
1192	1192	9 Illinois State Police may be disseminated by the Illinois
1193	1193	10 State Police only to the arresting authority, the State's
1194	1194	11 Attorney, and the court upon a later arrest for the same or
1195	1195	12 similar offense or for the purpose of sentencing for any
1196	1196	13 subsequent felony. Upon conviction for any subsequent offense,
1197	1197	14 the Department of Corrections shall have access to all sealed
1198	1198	15 records of the Illinois State Police pertaining to that
1199	1199	16 individual. Upon entry of the order of expungement, the
1200	1200	17 circuit court clerk shall promptly mail a copy of the order to
1201	1201	18 the person who was pardoned.
1202	1202	19 (e-5) Whenever a person who has been convicted of an
1203	1203	20 offense is granted a certificate of eligibility for sealing by
1204	1204	21 the Prisoner Review Board which specifically authorizes
1205	1205	22 sealing, he or she may, upon verified petition to the Chief
1206	1206	23 Judge of the circuit where the person had been convicted, any
1207	1207	24 judge of the circuit designated by the Chief Judge, or in
1208	1208	25 counties of less than 3,000,000 inhabitants, the presiding
1209	1209	26 trial judge at the petitioner's trial, have a court order
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214
1215	1215	HB1082 - 33 - LRB103 04852 RLC 49862 b
1216	1216
1217	1217
1218	1218	HB1082- 34 -LRB103 04852 RLC 49862 b HB1082 - 34 - LRB103 04852 RLC 49862 b
1219	1219	HB1082 - 34 - LRB103 04852 RLC 49862 b
1220	1220	1 entered sealing the record of arrest from the official records
1221	1221	2 of the arresting authority and order that the records of the
1222	1222	3 circuit court clerk and the Illinois State Police be sealed
1223	1223	4 until further order of the court upon good cause shown or as
1224	1224	5 otherwise provided herein, and the name of the petitioner
1225	1225	6 obliterated from the official index requested to be kept by
1226	1226	7 the circuit court clerk under Section 16 of the Clerks of
1227	1227	8 Courts Act in connection with the arrest and conviction for
1228	1228	9 the offense for which he or she had been granted the
1229	1229	10 certificate but the order shall not affect any index issued by
1230	1230	11 the circuit court clerk before the entry of the order. All
1231	1231	12 records sealed by the Illinois State Police may be
1232	1232	13 disseminated by the Illinois State Police only as required by
1233	1233	14 this Act or to the arresting authority, a law enforcement
1234	1234	15 agency, the State's Attorney, and the court upon a later
1235	1235	16 arrest for the same or similar offense or for the purpose of
1236	1236	17 sentencing for any subsequent felony. Upon conviction for any
1237	1237	18 subsequent offense, the Department of Corrections shall have
1238	1238	19 access to all sealed records of the Illinois State Police
1239	1239	20 pertaining to that individual. Upon entry of the order of
1240	1240	21 sealing, the circuit court clerk shall promptly mail a copy of
1241	1241	22 the order to the person who was granted the certificate of
1242	1242	23 eligibility for sealing.
1243	1243	24 (e-6) Whenever a person who has been convicted of an
1244	1244	25 offense is granted a certificate of eligibility for
1245	1245	26 expungement by the Prisoner Review Board which specifically
1246	1246
1247	1247
1248	1248
1249	1249
1250	1250
1251	1251	HB1082 - 34 - LRB103 04852 RLC 49862 b
1252	1252
1253	1253
1254	1254	HB1082- 35 -LRB103 04852 RLC 49862 b HB1082 - 35 - LRB103 04852 RLC 49862 b
1255	1255	HB1082 - 35 - LRB103 04852 RLC 49862 b
1256	1256	1 authorizes expungement, he or she may, upon verified petition
1257	1257	2 to the Chief Judge of the circuit where the person had been
1258	1258	3 convicted, any judge of the circuit designated by the Chief
1259	1259	4 Judge, or in counties of less than 3,000,000 inhabitants, the
1260	1260	5 presiding trial judge at the petitioner's trial, have a court
1261	1261	6 order entered expunging the record of arrest from the official
1262	1262	7 records of the arresting authority and order that the records
1263	1263	8 of the circuit court clerk and the Illinois State Police be
1264	1264	9 sealed until further order of the court upon good cause shown
1265	1265	10 or as otherwise provided herein, and the name of the
1266	1266	11 petitioner obliterated from the official index requested to be
1267	1267	12 kept by the circuit court clerk under Section 16 of the Clerks
1268	1268	13 of Courts Act in connection with the arrest and conviction for
1269	1269	14 the offense for which he or she had been granted the
1270	1270	15 certificate but the order shall not affect any index issued by
1271	1271	16 the circuit court clerk before the entry of the order. All
1272	1272	17 records sealed by the Illinois State Police may be
1273	1273	18 disseminated by the Illinois State Police only as required by
1274	1274	19 this Act or to the arresting authority, a law enforcement
1275	1275	20 agency, the State's Attorney, and the court upon a later
1276	1276	21 arrest for the same or similar offense or for the purpose of
1277	1277	22 sentencing for any subsequent felony. Upon conviction for any
1278	1278	23 subsequent offense, the Department of Corrections shall have
1279	1279	24 access to all expunged records of the Illinois State Police
1280	1280	25 pertaining to that individual. Upon entry of the order of
1281	1281	26 expungement, the circuit court clerk shall promptly mail a
1282	1282
1283	1283
1284	1284
1285	1285
1286	1286
1287	1287	HB1082 - 35 - LRB103 04852 RLC 49862 b
1288	1288
1289	1289
1290	1290	HB1082- 36 -LRB103 04852 RLC 49862 b HB1082 - 36 - LRB103 04852 RLC 49862 b
1291	1291	HB1082 - 36 - LRB103 04852 RLC 49862 b
1292	1292	1 copy of the order to the person who was granted the certificate
1293	1293	2 of eligibility for expungement.
1294	1294	3 (f) Subject to available funding, the Illinois Department
1295	1295	4 of Corrections shall conduct a study of the impact of sealing,
1296	1296	5 especially on employment and recidivism rates, utilizing a
1297	1297	6 random sample of those who apply for the sealing of their
1298	1298	7 criminal records under Public Act 93-211. At the request of
1299	1299	8 the Illinois Department of Corrections, records of the
1300	1300	9 Illinois Department of Employment Security shall be utilized
1301	1301	10 as appropriate to assist in the study. The study shall not
1302	1302	11 disclose any data in a manner that would allow the
1303	1303	12 identification of any particular individual or employing unit.
1304	1304	13 The study shall be made available to the General Assembly no
1305	1305	14 later than September 1, 2010.
1306	1306	15 (g) Immediate Sealing.
1307	1307	16 (1) Applicability. Notwithstanding any other provision
1308	1308	17 of this Act to the contrary, and cumulative with any
1309	1309	18 rights to expungement or sealing of criminal records, this
1310	1310	19 subsection authorizes the immediate sealing of criminal
1311	1311	20 records of adults and of minors prosecuted as adults.
1312	1312	21 (2) Eligible Records. Arrests or charges not initiated
1313	1313	22 by arrest resulting in acquittal or dismissal with
1314	1314	23 prejudice, except as excluded by subsection (a)(3)(B),
1315	1315	24 that occur on or after January 1, 2018 (the effective date
1316	1316	25 of Public Act 100-282), may be sealed immediately if the
1317	1317	26 petition is filed with the circuit court clerk on the same
1318	1318
1319	1319
1320	1320
1321	1321
1322	1322
1323	1323	HB1082 - 36 - LRB103 04852 RLC 49862 b
1324	1324
1325	1325
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1327	1327	HB1082 - 37 - LRB103 04852 RLC 49862 b
1328	1328	1 day and during the same hearing in which the case is
1329	1329	2 disposed.
1330	1330	3 (3) When Records are Eligible to be Immediately
1331	1331	4 Sealed. Eligible records under paragraph (2) of this
1332	1332	5 subsection (g) may be sealed immediately after entry of
1333	1333	6 the final disposition of a case, notwithstanding the
1334	1334	7 disposition of other charges in the same case.
1335	1335	8 (4) Notice of Eligibility for Immediate Sealing. Upon
1336	1336	9 entry of a disposition for an eligible record under this
1337	1337	10 subsection (g), the defendant shall be informed by the
1338	1338	11 court of his or her right to have eligible records
1339	1339	12 immediately sealed and the procedure for the immediate
1340	1340	13 sealing of these records.
1341	1341	14 (5) Procedure. The following procedures apply to
1342	1342	15 immediate sealing under this subsection (g).
1343	1343	16 (A) Filing the Petition. Upon entry of the final
1344	1344	17 disposition of the case, the defendant's attorney may
1345	1345	18 immediately petition the court, on behalf of the
1346	1346	19 defendant, for immediate sealing of eligible records
1347	1347	20 under paragraph (2) of this subsection (g) that are
1348	1348	21 entered on or after January 1, 2018 (the effective
1349	1349	22 date of Public Act 100-282). The immediate sealing
1350	1350	23 petition may be filed with the circuit court clerk
1351	1351	24 during the hearing in which the final disposition of
1352	1352	25 the case is entered. If the defendant's attorney does
1353	1353	26 not file the petition for immediate sealing during the
1354	1354
1355	1355
1356	1356
1357	1357
1358	1358
1359	1359	HB1082 - 37 - LRB103 04852 RLC 49862 b
1360	1360
1361	1361
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1363	1363	HB1082 - 38 - LRB103 04852 RLC 49862 b
1364	1364	1 hearing, the defendant may file a petition for sealing
1365	1365	2 at any time as authorized under subsection (c)(3)(A).
1366	1366	3 (B) Contents of Petition. The immediate sealing
1367	1367	4 petition shall be verified and shall contain the
1368	1368	5 petitioner's name, date of birth, current address, and
1369	1369	6 for each eligible record, the case number, the date of
1370	1370	7 arrest if applicable, the identity of the arresting
1371	1371	8 authority if applicable, and other information as the
1372	1372	9 court may require.
1373	1373	10 (C) Drug Test. The petitioner shall not be
1374	1374	11 required to attach proof that he or she has passed a
1375	1375	12 drug test.
1376	1376	13 (D) Service of Petition. A copy of the petition
1377	1377	14 shall be served on the State's Attorney in open court.
1378	1378	15 The petitioner shall not be required to serve a copy of
1379	1379	16 the petition on any other agency.
1380	1380	17 (E) Entry of Order. The presiding trial judge
1381	1381	18 shall enter an order granting or denying the petition
1382	1382	19 for immediate sealing during the hearing in which it
1383	1383	20 is filed. Petitions for immediate sealing shall be
1384	1384	21 ruled on in the same hearing in which the final
1385	1385	22 disposition of the case is entered.
1386	1386	23 (F) Hearings. The court shall hear the petition
1387	1387	24 for immediate sealing on the same day and during the
1388	1388	25 same hearing in which the disposition is rendered.
1389	1389	26 (G) Service of Order. An order to immediately seal
1390	1390
1391	1391
1392	1392
1393	1393
1394	1394
1395	1395	HB1082 - 38 - LRB103 04852 RLC 49862 b
1396	1396
1397	1397
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1399	1399	HB1082 - 39 - LRB103 04852 RLC 49862 b
1400	1400	1 eligible records shall be served in conformance with
1401	1401	2 subsection (d)(8).
1402	1402	3 (H) Implementation of Order. An order to
1403	1403	4 immediately seal records shall be implemented in
1404	1404	5 conformance with subsections (d)(9)(C) and (d)(9)(D).
1405	1405	6 (I) Fees. The fee imposed by the circuit court
1406	1406	7 clerk and the Illinois State Police shall comply with
1407	1407	8 paragraph (1) of subsection (d) of this Section.
1408	1408	9 (J) Final Order. No court order issued under this
1409	1409	10 subsection (g) shall become final for purposes of
1410	1410	11 appeal until 30 days after service of the order on the
1411	1411	12 petitioner and all parties entitled to service of the
1412	1412	13 order in conformance with subsection (d)(8).
1413	1413	14 (K) Motion to Vacate, Modify, or Reconsider. Under
1414	1414	15 Section 2-1203 of the Code of Civil Procedure, the
1415	1415	16 petitioner, State's Attorney, or the Illinois State
1416	1416	17 Police may file a motion to vacate, modify, or
1417	1417	18 reconsider the order denying the petition to
1418	1418	19 immediately seal within 60 days of service of the
1419	1419	20 order. If filed more than 60 days after service of the
1420	1420	21 order, a petition to vacate, modify, or reconsider
1421	1421	22 shall comply with subsection (c) of Section 2-1401 of
1422	1422	23 the Code of Civil Procedure.
1423	1423	24 (L) Effect of Order. An order granting an
1424	1424	25 immediate sealing petition shall not be considered
1425	1425	26 void because it fails to comply with the provisions of
1426	1426
1427	1427
1428	1428
1429	1429
1430	1430
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1432	1432
1433	1433
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1436	1436	1 this Section or because of an error asserted in a
1437	1437	2 motion to vacate, modify, or reconsider. The circuit
1438	1438	3 court retains jurisdiction to determine whether the
1439	1439	4 order is voidable, and to vacate, modify, or
1440	1440	5 reconsider its terms based on a motion filed under
1441	1441	6 subparagraph (L) of this subsection (g).
1442	1442	7 (M) Compliance with Order Granting Petition to
1443	1443	8 Seal Records. Unless a court has entered a stay of an
1444	1444	9 order granting a petition to immediately seal, all
1445	1445	10 parties entitled to service of the order must fully
1446	1446	11 comply with the terms of the order within 60 days of
1447	1447	12 service of the order.
1448	1448	13 (h) Sealing; trafficking victims.
1449	1449	14 (1) A trafficking victim as defined by paragraph (10)
1450	1450	15 of subsection (a) of Section 10-9 of the Criminal Code of
1451	1451	16 2012 shall be eligible to petition for immediate sealing
1452	1452	17 of his or her criminal record upon the completion of his or
1453	1453	18 her last sentence if his or her participation in the
1454	1454	19 underlying offense was a direct result of human
1455	1455	20 trafficking under Section 10-9 of the Criminal Code of
1456	1456	21 2012 or a severe form of trafficking under the federal
1457	1457	22 Trafficking Victims Protection Act.
1458	1458	23 (2) A petitioner under this subsection (h), in
1459	1459	24 addition to the requirements provided under paragraph (4)
1460	1460	25 of subsection (d) of this Section, shall include in his or
1461	1461	26 her petition a clear and concise statement that: (A) he or
1462	1462
1463	1463
1464	1464
1465	1465
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1468	1468
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1471	1471	HB1082 - 41 - LRB103 04852 RLC 49862 b
1472	1472	1 she was a victim of human trafficking at the time of the
1473	1473	2 offense; and (B) that his or her participation in the
1474	1474	3 offense was a direct result of human trafficking under
1475	1475	4 Section 10-9 of the Criminal Code of 2012 or a severe form
1476	1476	5 of trafficking under the federal Trafficking Victims
1477	1477	6 Protection Act.
1478	1478	7 (3) If an objection is filed alleging that the
1479	1479	8 petitioner is not entitled to immediate sealing under this
1480	1480	9 subsection (h), the court shall conduct a hearing under
1481	1481	10 paragraph (7) of subsection (d) of this Section and the
1482	1482	11 court shall determine whether the petitioner is entitled
1483	1483	12 to immediate sealing under this subsection (h). A
1484	1484	13 petitioner is eligible for immediate relief under this
1485	1485	14 subsection (h) if he or she shows, by a preponderance of
1486	1486	15 the evidence, that: (A) he or she was a victim of human
1487	1487	16 trafficking at the time of the offense; and (B) that his or
1488	1488	17 her participation in the offense was a direct result of
1489	1489	18 human trafficking under Section 10-9 of the Criminal Code
1490	1490	19 of 2012 or a severe form of trafficking under the federal
1491	1491	20 Trafficking Victims Protection Act.
1492	1492	21 (i) Minor Cannabis Offenses under the Cannabis Control
1493	1493	22 Act.
1494	1494	23 (1) Expungement of Arrest Records of Minor Cannabis
1495	1495	24 Offenses.
1496	1496	25 (A) The Illinois State Police and all law
1497	1497	26 enforcement agencies within the State shall
1498	1498
1499	1499
1500	1500
1501	1501
1502	1502
1503	1503	HB1082 - 41 - LRB103 04852 RLC 49862 b
1504	1504
1505	1505
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1507	1507	HB1082 - 42 - LRB103 04852 RLC 49862 b
1508	1508	1 automatically expunge all criminal history records of
1509	1509	2 an arrest, charge not initiated by arrest, order of
1510	1510	3 supervision, or order of qualified probation for a
1511	1511	4 Minor Cannabis Offense committed prior to June 25,
1512	1512	5 2019 (the effective date of Public Act 101-27) if:
1513	1513	6 (i) One year or more has elapsed since the
1514	1514	7 date of the arrest or law enforcement interaction
1515	1515	8 documented in the records; and
1516	1516	9 (ii) No criminal charges were filed relating
1517	1517	10 to the arrest or law enforcement interaction or
1518	1518	11 criminal charges were filed and subsequently
1519	1519	12 dismissed or vacated or the arrestee was
1520	1520	13 acquitted.
1521	1521	14 (B) If the law enforcement agency is unable to
1522	1522	15 verify satisfaction of condition (ii) in paragraph
1523	1523	16 (A), records that satisfy condition (i) in paragraph
1524	1524	17 (A) shall be automatically expunged.
1525	1525	18 (C) Records shall be expunged by the law
1526	1526	19 enforcement agency under the following timelines:
1527	1527	20 (i) Records created prior to June 25, 2019
1528	1528	21 (the effective date of Public Act 101-27), but on
1529	1529	22 or after January 1, 2013, shall be automatically
1530	1530	23 expunged prior to January 1, 2021;
1531	1531	24 (ii) Records created prior to January 1, 2013,
1532	1532	25 but on or after January 1, 2000, shall be
1533	1533	26 automatically expunged prior to January 1, 2023;
1534	1534
1535	1535
1536	1536
1537	1537
1538	1538
1539	1539	HB1082 - 42 - LRB103 04852 RLC 49862 b
1540	1540
1541	1541
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1543	1543	HB1082 - 43 - LRB103 04852 RLC 49862 b
1544	1544	1 (iii) Records created prior to January 1, 2000
1545	1545	2 shall be automatically expunged prior to January
1546	1546	3 1, 2025.
1547	1547	4 In response to an inquiry for expunged records,
1548	1548	5 the law enforcement agency receiving such inquiry
1549	1549	6 shall reply as it does in response to inquiries when no
1550	1550	7 records ever existed; however, it shall provide a
1551	1551	8 certificate of disposition or confirmation that the
1552	1552	9 record was expunged to the individual whose record was
1553	1553	10 expunged if such a record exists.
1554	1554	11 (D) Nothing in this Section shall be construed to
1555	1555	12 restrict or modify an individual's right to have that
1556	1556	13 individual's records expunged except as otherwise may
1557	1557	14 be provided in this Act, or diminish or abrogate any
1558	1558	15 rights or remedies otherwise available to the
1559	1559	16 individual.
1560	1560	17 (2) Pardons Authorizing Expungement of Minor Cannabis
1561	1561	18 Offenses.
1562	1562	19 (A) Upon June 25, 2019 (the effective date of
1563	1563	20 Public Act 101-27), the Department of State Police
1564	1564	21 shall review all criminal history record information
1565	1565	22 and identify all records that meet all of the
1566	1566	23 following criteria:
1567	1567	24 (i) one or more convictions for a Minor
1568	1568	25 Cannabis Offense;
1569	1569	26 (ii) the conviction identified in paragraph
1570	1570
1571	1571
1572	1572
1573	1573
1574	1574
1575	1575	HB1082 - 43 - LRB103 04852 RLC 49862 b
1576	1576
1577	1577
1578	1578	HB1082- 44 -LRB103 04852 RLC 49862 b HB1082 - 44 - LRB103 04852 RLC 49862 b
1579	1579	HB1082 - 44 - LRB103 04852 RLC 49862 b
1580	1580	1 (2)(A)(i) did not include a penalty enhancement
1581	1581	2 under Section 7 of the Cannabis Control Act; and
1582	1582	3 (iii) the conviction identified in paragraph
1583	1583	4 (2)(A)(i) is not associated with a conviction for
1584	1584	5 a violent crime as defined in subsection (c) of
1585	1585	6 Section 3 of the Rights of Crime Victims and
1586	1586	7 Witnesses Act.
1587	1587	8 (B) Within 180 days after June 25, 2019 (the
1588	1588	9 effective date of Public Act 101-27), the Department
1589	1589	10 of State Police shall notify the Prisoner Review Board
1590	1590	11 of all such records that meet the criteria established
1591	1591	12 in paragraph (2)(A).
1592	1592	13 (i) The Prisoner Review Board shall notify the
1593	1593	14 State's Attorney of the county of conviction of
1594	1594	15 each record identified by State Police in
1595	1595	16 paragraph (2)(A) that is classified as a Class 4
1596	1596	17 felony. The State's Attorney may provide a written
1597	1597	18 objection to the Prisoner Review Board on the sole
1598	1598	19 basis that the record identified does not meet the
1599	1599	20 criteria established in paragraph (2)(A). Such an
1600	1600	21 objection must be filed within 60 days or by such
1601	1601	22 later date set by the Prisoner Review Board in the
1602	1602	23 notice after the State's Attorney received notice
1603	1603	24 from the Prisoner Review Board.
1604	1604	25 (ii) In response to a written objection from a
1605	1605	26 State's Attorney, the Prisoner Review Board is
1606	1606
1607	1607
1608	1608
1609	1609
1610	1610
1611	1611	HB1082 - 44 - LRB103 04852 RLC 49862 b
1612	1612
1613	1613
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1615	1615	HB1082 - 45 - LRB103 04852 RLC 49862 b
1616	1616	1 authorized to conduct a non-public hearing to
1617	1617	2 evaluate the information provided in the
1618	1618	3 objection.
1619	1619	4 (iii) The Prisoner Review Board shall make a
1620	1620	5 confidential and privileged recommendation to the
1621	1621	6 Governor as to whether to grant a pardon
1622	1622	7 authorizing expungement for each of the records
1623	1623	8 identified by the Department of State Police as
1624	1624	9 described in paragraph (2)(A).
1625	1625	10 (C) If an individual has been granted a pardon
1626	1626	11 authorizing expungement as described in this Section,
1627	1627	12 the Prisoner Review Board, through the Attorney
1628	1628	13 General, shall file a petition for expungement with
1629	1629	14 the Chief Judge of the circuit or any judge of the
1630	1630	15 circuit designated by the Chief Judge where the
1631	1631	16 individual had been convicted. Such petition may
1632	1632	17 include more than one individual. Whenever an
1633	1633	18 individual who has been convicted of an offense is
1634	1634	19 granted a pardon by the Governor that specifically
1635	1635	20 authorizes expungement, an objection to the petition
1636	1636	21 may not be filed. Petitions to expunge under this
1637	1637	22 subsection (i) may include more than one individual.
1638	1638	23 Within 90 days of the filing of such a petition, the
1639	1639	24 court shall enter an order expunging the records of
1640	1640	25 arrest from the official records of the arresting
1641	1641	26 authority and order that the records of the circuit
1642	1642
1643	1643
1644	1644
1645	1645
1646	1646
1647	1647	HB1082 - 45 - LRB103 04852 RLC 49862 b
1648	1648
1649	1649
1650	1650	HB1082- 46 -LRB103 04852 RLC 49862 b HB1082 - 46 - LRB103 04852 RLC 49862 b
1651	1651	HB1082 - 46 - LRB103 04852 RLC 49862 b
1652	1652	1 court clerk and the Illinois State Police be expunged
1653	1653	2 and the name of the defendant obliterated from the
1654	1654	3 official index requested to be kept by the circuit
1655	1655	4 court clerk under Section 16 of the Clerks of Courts
1656	1656	5 Act in connection with the arrest and conviction for
1657	1657	6 the offense for which the individual had received a
1658	1658	7 pardon but the order shall not affect any index issued
1659	1659	8 by the circuit court clerk before the entry of the
1660	1660	9 order. Upon entry of the order of expungement, the
1661	1661	10 circuit court clerk shall promptly provide a copy of
1662	1662	11 the order and a certificate of disposition to the
1663	1663	12 individual who was pardoned to the individual's last
1664	1664	13 known address or by electronic means (if available) or
1665	1665	14 otherwise make it available to the individual upon
1666	1666	15 request.
1667	1667	16 (D) Nothing in this Section is intended to
1668	1668	17 diminish or abrogate any rights or remedies otherwise
1669	1669	18 available to the individual.
1670	1670	19 (3) Any individual may file a motion to vacate and
1671	1671	20 expunge a conviction for a misdemeanor or Class 4 felony
1672	1672	21 violation of Section 4 or Section 5 of the Cannabis
1673	1673	22 Control Act. Motions to vacate and expunge under this
1674	1674	23 subsection (i) may be filed with the circuit court, Chief
1675	1675	24 Judge of a judicial circuit or any judge of the circuit
1676	1676	25 designated by the Chief Judge. The circuit court clerk
1677	1677	26 shall promptly serve a copy of the motion to vacate and
1678	1678
1679	1679
1680	1680
1681	1681
1682	1682
1683	1683	HB1082 - 46 - LRB103 04852 RLC 49862 b
1684	1684
1685	1685
1686	1686	HB1082- 47 -LRB103 04852 RLC 49862 b HB1082 - 47 - LRB103 04852 RLC 49862 b
1687	1687	HB1082 - 47 - LRB103 04852 RLC 49862 b
1688	1688	1 expunge, and any supporting documentation, on the State's
1689	1689	2 Attorney or prosecutor charged with the duty of
1690	1690	3 prosecuting the offense. When considering such a motion to
1691	1691	4 vacate and expunge, a court shall consider the following:
1692	1692	5 the reasons to retain the records provided by law
1693	1693	6 enforcement, the petitioner's age, the petitioner's age at
1694	1694	7 the time of offense, the time since the conviction, and
1695	1695	8 the specific adverse consequences if denied. An individual
1696	1696	9 may file such a petition after the completion of any
1697	1697	10 non-financial sentence or non-financial condition imposed
1698	1698	11 by the conviction. Within 60 days of the filing of such
1699	1699	12 motion, a State's Attorney may file an objection to such a
1700	1700	13 petition along with supporting evidence. If a motion to
1701	1701	14 vacate and expunge is granted, the records shall be
1702	1702	15 expunged in accordance with subparagraphs (d)(8) and
1703	1703	16 (d)(9)(A) of this Section. An agency providing civil legal
1704	1704	17 aid, as defined by Section 15 of the Public Interest
1705	1705	18 Attorney Assistance Act, assisting individuals seeking to
1706	1706	19 file a motion to vacate and expunge under this subsection
1707	1707	20 may file motions to vacate and expunge with the Chief
1708	1708	21 Judge of a judicial circuit or any judge of the circuit
1709	1709	22 designated by the Chief Judge, and the motion may include
1710	1710	23 more than one individual. Motions filed by an agency
1711	1711	24 providing civil legal aid concerning more than one
1712	1712	25 individual may be prepared, presented, and signed
1713	1713	26 electronically.
1714	1714
1715	1715
1716	1716
1717	1717
1718	1718
1719	1719	HB1082 - 47 - LRB103 04852 RLC 49862 b
1720	1720
1721	1721
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1723	1723	HB1082 - 48 - LRB103 04852 RLC 49862 b
1724	1724	1 (4) Any State's Attorney may file a motion to vacate
1725	1725	2 and expunge a conviction for a misdemeanor or Class 4
1726	1726	3 felony violation of Section 4 or Section 5 of the Cannabis
1727	1727	4 Control Act. Motions to vacate and expunge under this
1728	1728	5 subsection (i) may be filed with the circuit court, Chief
1729	1729	6 Judge of a judicial circuit or any judge of the circuit
1730	1730	7 designated by the Chief Judge, and may include more than
1731	1731	8 one individual. Motions filed by a State's Attorney
1732	1732	9 concerning more than one individual may be prepared,
1733	1733	10 presented, and signed electronically. When considering
1734	1734	11 such a motion to vacate and expunge, a court shall
1735	1735	12 consider the following: the reasons to retain the records
1736	1736	13 provided by law enforcement, the individual's age, the
1737	1737	14 individual's age at the time of offense, the time since
1738	1738	15 the conviction, and the specific adverse consequences if
1739	1739	16 denied. Upon entry of an order granting a motion to vacate
1740	1740	17 and expunge records pursuant to this Section, the State's
1741	1741	18 Attorney shall notify the Prisoner Review Board within 30
1742	1742	19 days. Upon entry of the order of expungement, the circuit
1743	1743	20 court clerk shall promptly provide a copy of the order and
1744	1744	21 a certificate of disposition to the individual whose
1745	1745	22 records will be expunged to the individual's last known
1746	1746	23 address or by electronic means (if available) or otherwise
1747	1747	24 make available to the individual upon request. If a motion
1748	1748	25 to vacate and expunge is granted, the records shall be
1749	1749	26 expunged in accordance with subparagraphs (d)(8) and
1750	1750
1751	1751
1752	1752
1753	1753
1754	1754
1755	1755	HB1082 - 48 - LRB103 04852 RLC 49862 b
1756	1756
1757	1757
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1759	1759	HB1082 - 49 - LRB103 04852 RLC 49862 b
1760	1760	1 (d)(9)(A) of this Section.
1761	1761	2 (5) In the public interest, the State's Attorney of a
1762	1762	3 county has standing to file motions to vacate and expunge
1763	1763	4 pursuant to this Section in the circuit court with
1764	1764	5 jurisdiction over the underlying conviction.
1765	1765	6 (6) If a person is arrested for a Minor Cannabis
1766	1766	7 Offense as defined in this Section before June 25, 2019
1767	1767	8 (the effective date of Public Act 101-27) and the person's
1768	1768	9 case is still pending but a sentence has not been imposed,
1769	1769	10 the person may petition the court in which the charges are
1770	1770	11 pending for an order to summarily dismiss those charges
1771	1771	12 against him or her, and expunge all official records of
1772	1772	13 his or her arrest, plea, trial, conviction, incarceration,
1773	1773	14 supervision, or expungement. If the court determines, upon
1774	1774	15 review, that: (A) the person was arrested before June 25,
1775	1775	16 2019 (the effective date of Public Act 101-27) for an
1776	1776	17 offense that has been made eligible for expungement; (B)
1777	1777	18 the case is pending at the time; and (C) the person has not
1778	1778	19 been sentenced of the minor cannabis violation eligible
1779	1779	20 for expungement under this subsection, the court shall
1780	1780	21 consider the following: the reasons to retain the records
1781	1781	22 provided by law enforcement, the petitioner's age, the
1782	1782	23 petitioner's age at the time of offense, the time since
1783	1783	24 the conviction, and the specific adverse consequences if
1784	1784	25 denied. If a motion to dismiss and expunge is granted, the
1785	1785	26 records shall be expunged in accordance with subparagraph
1786	1786
1787	1787
1788	1788
1789	1789
1790	1790
1791	1791	HB1082 - 49 - LRB103 04852 RLC 49862 b
1792	1792
1793	1793
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1795	1795	HB1082 - 50 - LRB103 04852 RLC 49862 b
1796	1796	1 (d)(9)(A) of this Section.
1797	1797	2 (7) A person imprisoned solely as a result of one or
1798	1798	3 more convictions for Minor Cannabis Offenses under this
1799	1799	4 subsection (i) shall be released from incarceration upon
1800	1800	5 the issuance of an order under this subsection.
1801	1801	6 (8) The Illinois State Police shall allow a person to
1802	1802	7 use the access and review process, established in the
1803	1803	8 Illinois State Police, for verifying that his or her
1804	1804	9 records relating to Minor Cannabis Offenses of the
1805	1805	10 Cannabis Control Act eligible under this Section have been
1806	1806	11 expunged.
1807	1807	12 (9) No conviction vacated pursuant to this Section
1808	1808	13 shall serve as the basis for damages for time unjustly
1809	1809	14 served as provided in the Court of Claims Act.
1810	1810	15 (10) Effect of Expungement. A person's right to
1811	1811	16 expunge an expungeable offense shall not be limited under
1812	1812	17 this Section. The effect of an order of expungement shall
1813	1813	18 be to restore the person to the status he or she occupied
1814	1814	19 before the arrest, charge, or conviction.
1815	1815	20 (11) Information. The Illinois State Police shall post
1816	1816	21 general information on its website about the expungement
1817	1817	22 process described in this subsection (i).
1818	1818	23 (j) Felony Prostitution Convictions.
1819	1819	24 (1) Any individual may file a motion to vacate and
1820	1820	25 expunge a conviction for a prior Class 4 felony violation
1821	1821	26 of prostitution. Motions to vacate and expunge under this
1822	1822
1823	1823
1824	1824
1825	1825
1826	1826
1827	1827	HB1082 - 50 - LRB103 04852 RLC 49862 b
1828	1828
1829	1829
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1831	1831	HB1082 - 51 - LRB103 04852 RLC 49862 b
1832	1832	1 subsection (j) may be filed with the circuit court, Chief
1833	1833	2 Judge of a judicial circuit, or any judge of the circuit
1834	1834	3 designated by the Chief Judge. When considering the motion
1835	1835	4 to vacate and expunge, a court shall consider the
1836	1836	5 following:
1837	1837	6 (A) the reasons to retain the records provided by
1838	1838	7 law enforcement;
1839	1839	8 (B) the petitioner's age;
1840	1840	9 (C) the petitioner's age at the time of offense;
1841	1841	10 and
1842	1842	11 (D) the time since the conviction, and the
1843	1843	12 specific adverse consequences if denied. An individual
1844	1844	13 may file the petition after the completion of any
1845	1845	14 sentence or condition imposed by the conviction.
1846	1846	15 Within 60 days of the filing of the motion, a State's
1847	1847	16 Attorney may file an objection to the petition along
1848	1848	17 with supporting evidence. If a motion to vacate and
1849	1849	18 expunge is granted, the records shall be expunged in
1850	1850	19 accordance with subparagraph (d)(9)(A) of this
1851	1851	20 Section. An agency providing civil legal aid, as
1852	1852	21 defined in Section 15 of the Public Interest Attorney
1853	1853	22 Assistance Act, assisting individuals seeking to file
1854	1854	23 a motion to vacate and expunge under this subsection
1855	1855	24 may file motions to vacate and expunge with the Chief
1856	1856	25 Judge of a judicial circuit or any judge of the circuit
1857	1857	26 designated by the Chief Judge, and the motion may
1858	1858
1859	1859
1860	1860
1861	1861
1862	1862
1863	1863	HB1082 - 51 - LRB103 04852 RLC 49862 b
1864	1864
1865	1865
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1867	1867	HB1082 - 52 - LRB103 04852 RLC 49862 b
1868	1868	1 include more than one individual.
1869	1869	2 (2) Any State's Attorney may file a motion to vacate
1870	1870	3 and expunge a conviction for a Class 4 felony violation of
1871	1871	4 prostitution. Motions to vacate and expunge under this
1872	1872	5 subsection (j) may be filed with the circuit court, Chief
1873	1873	6 Judge of a judicial circuit, or any judge of the circuit
1874	1874	7 court designated by the Chief Judge, and may include more
1875	1875	8 than one individual. When considering the motion to vacate
1876	1876	9 and expunge, a court shall consider the following reasons:
1877	1877	10 (A) the reasons to retain the records provided by
1878	1878	11 law enforcement;
1879	1879	12 (B) the petitioner's age;
1880	1880	13 (C) the petitioner's age at the time of offense;
1881	1881	14 (D) the time since the conviction; and
1882	1882	15 (E) the specific adverse consequences if denied.
1883	1883	16 If the State's Attorney files a motion to vacate and
1884	1884	17 expunge records for felony prostitution convictions
1885	1885	18 pursuant to this Section, the State's Attorney shall
1886	1886	19 notify the Prisoner Review Board within 30 days of the
1887	1887	20 filing. If a motion to vacate and expunge is granted, the
1888	1888	21 records shall be expunged in accordance with subparagraph
1889	1889	22 (d)(9)(A) of this Section.
1890	1890	23 (3) In the public interest, the State's Attorney of a
1891	1891	24 county has standing to file motions to vacate and expunge
1892	1892	25 pursuant to this Section in the circuit court with
1893	1893	26 jurisdiction over the underlying conviction.
1894	1894
1895	1895
1896	1896
1897	1897
1898	1898
1899	1899	HB1082 - 52 - LRB103 04852 RLC 49862 b
1900	1900
1901	1901
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1903	1903	HB1082 - 53 - LRB103 04852 RLC 49862 b
1904	1904	1 (4) The Illinois State Police shall allow a person to
1905	1905	2 a use the access and review process, established in the
1906	1906	3 Illinois State Police, for verifying that his or her
1907	1907	4 records relating to felony prostitution eligible under
1908	1908	5 this Section have been expunged.
1909	1909	6 (5) No conviction vacated pursuant to this Section
1910	1910	7 shall serve as the basis for damages for time unjustly
1911	1911	8 served as provided in the Court of Claims Act.
1912	1912	9 (6) Effect of Expungement. A person's right to expunge
1913	1913	10 an expungeable offense shall not be limited under this
1914	1914	11 Section. The effect of an order of expungement shall be to
1915	1915	12 restore the person to the status he or she occupied before
1916	1916	13 the arrest, charge, or conviction.
1917	1917	14 (7) Information. The Illinois State Police shall post
1918	1918	15 general information on its website about the expungement
1919	1919	16 process described in this subsection (j).
1920	1920	17 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
1921	1921	18 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1922	1922	19 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
1923	1923	20 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
1924	1924	21 5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
1925	1925	22 Section 99. Effective date. This Act takes effect January
1926	1926	23 1, 2024.
1927	1927
1928	1928
1929	1929
1930	1930
1931	1931
1932	1932	HB1082 - 53 - LRB103 04852 RLC 49862 b