Illinois 2023-2024 Regular Session

Illinois House Bill HB1462 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 HB1462 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2 Amends the Criminal Identification Act. Provides that the court may not order the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (DUI) under the Illinois Vehicle Code or a similar provision of a local ordinance; except that the court may order the sealing of one misdemeanor record of arrest or charge not initiated by arrest that results in an order of supervision for or conviction of DUI under the Illinois Vehicle Code or a similar provision of a local ordinance per petitioner if each of the following conditions have been met: (1) the petitioner has not previously been convicted of or placed on supervision for DUI under the Illinois Vehicle Code or a similar provision of a local ordinance; (2) 10 or more years have passed since the termination of the petitioner's sentence; (3) during the commission of the violation, the petitioner did not proximately cause death or personal injury to any other person or damage the property of any other person; (4) the petitioner has no other misdemeanor or felony driving charge on his or her driving abstract; and (5) the judge examined the driving abstract of the petitioner petitioning to have his or her records sealed under this provision and made a finding entered on the record that the petitioner did not enter into a plea agreement on a lesser charge other than a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance, and the facts did not support that the petitioner had previously committed a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance. Provides that the Secretary of State shall maintain orders of court supervision and convictions for DUI under the Illinois vehicle Code or a similar provision of a local ordinance on court purposes driving abstracts. Provides that the Act may be referred to as the Second Chance Act. LRB103 05838 RLC 51448 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1462 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2 20 ILCS 2630/5.2 Amends the Criminal Identification Act. Provides that the court may not order the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (DUI) under the Illinois Vehicle Code or a similar provision of a local ordinance; except that the court may order the sealing of one misdemeanor record of arrest or charge not initiated by arrest that results in an order of supervision for or conviction of DUI under the Illinois Vehicle Code or a similar provision of a local ordinance per petitioner if each of the following conditions have been met: (1) the petitioner has not previously been convicted of or placed on supervision for DUI under the Illinois Vehicle Code or a similar provision of a local ordinance; (2) 10 or more years have passed since the termination of the petitioner's sentence; (3) during the commission of the violation, the petitioner did not proximately cause death or personal injury to any other person or damage the property of any other person; (4) the petitioner has no other misdemeanor or felony driving charge on his or her driving abstract; and (5) the judge examined the driving abstract of the petitioner petitioning to have his or her records sealed under this provision and made a finding entered on the record that the petitioner did not enter into a plea agreement on a lesser charge other than a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance, and the facts did not support that the petitioner had previously committed a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance. Provides that the Secretary of State shall maintain orders of court supervision and convictions for DUI under the Illinois vehicle Code or a similar provision of a local ordinance on court purposes driving abstracts. Provides that the Act may be referred to as the Second Chance Act. LRB103 05838 RLC 51448 b LRB103 05838 RLC 51448 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1462 Introduced , by Rep. Tony M. McCombie 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 the court may not order the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (DUI) under the Illinois Vehicle Code or a similar provision of a local ordinance; except that the court may order the sealing of one misdemeanor record of arrest or charge not initiated by arrest that results in an order of supervision for or conviction of DUI under the Illinois Vehicle Code or a similar provision of a local ordinance per petitioner if each of the following conditions have been met: (1) the petitioner has not previously been convicted of or placed on supervision for DUI under the Illinois Vehicle Code or a similar provision of a local ordinance; (2) 10 or more years have passed since the termination of the petitioner's sentence; (3) during the commission of the violation, the petitioner did not proximately cause death or personal injury to any other person or damage the property of any other person; (4) the petitioner has no other misdemeanor or felony driving charge on his or her driving abstract; and (5) the judge examined the driving abstract of the petitioner petitioning to have his or her records sealed under this provision and made a finding entered on the record that the petitioner did not enter into a plea agreement on a lesser charge other than a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance, and the facts did not support that the petitioner had previously committed a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance. Provides that the Secretary of State shall maintain orders of court supervision and convictions for DUI under the Illinois vehicle Code or a similar provision of a local ordinance on court purposes driving abstracts. Provides that the Act may be referred to as the Second Chance Act.
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8	8	A BILL FOR
9	9	HB1462LRB103 05838 RLC 51448 b HB1462 LRB103 05838 RLC 51448 b
10	10	HB1462 LRB103 05838 RLC 51448 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 1. References to Act. This Act may be referred to
15	15	5 as the Second Chance Act.
16	16	6 Section 5. The Criminal Identification Act is amended by
17	17	7 changing Section 5.2 as follows:
18	18	8 (20 ILCS 2630/5.2)
19	19	9 Sec. 5.2. Expungement, sealing, and immediate sealing.
20	20	10 (a) General Provisions.
21	21	11 (1) Definitions. In this Act, words and phrases have
22	22	12 the meanings set forth in this subsection, except when a
23	23	13 particular context clearly requires a different meaning.
24	24	14 (A) The following terms shall have the meanings
25	25	15 ascribed to them in the following Sections of the
26	26	16 Unified Code of Corrections:
27	27	17 Business Offense, Section 5-1-2.
28	28	18 Charge, Section 5-1-3.
29	29	19 Court, Section 5-1-6.
30	30	20 Defendant, Section 5-1-7.
31	31	21 Felony, Section 5-1-9.
32	32	22 Imprisonment, Section 5-1-10.
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1462 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
37	37	20 ILCS 2630/5.2 20 ILCS 2630/5.2
38	38	20 ILCS 2630/5.2
39	39	Amends the Criminal Identification Act. Provides that the court may not order the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (DUI) under the Illinois Vehicle Code or a similar provision of a local ordinance; except that the court may order the sealing of one misdemeanor record of arrest or charge not initiated by arrest that results in an order of supervision for or conviction of DUI under the Illinois Vehicle Code or a similar provision of a local ordinance per petitioner if each of the following conditions have been met: (1) the petitioner has not previously been convicted of or placed on supervision for DUI under the Illinois Vehicle Code or a similar provision of a local ordinance; (2) 10 or more years have passed since the termination of the petitioner's sentence; (3) during the commission of the violation, the petitioner did not proximately cause death or personal injury to any other person or damage the property of any other person; (4) the petitioner has no other misdemeanor or felony driving charge on his or her driving abstract; and (5) the judge examined the driving abstract of the petitioner petitioning to have his or her records sealed under this provision and made a finding entered on the record that the petitioner did not enter into a plea agreement on a lesser charge other than a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance, and the facts did not support that the petitioner had previously committed a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance. Provides that the Secretary of State shall maintain orders of court supervision and convictions for DUI under the Illinois vehicle Code or a similar provision of a local ordinance on court purposes driving abstracts. Provides that the Act may be referred to as the Second Chance Act.
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67	67	1 Judgment, Section 5-1-12.
68	68	2 Misdemeanor, Section 5-1-14.
69	69	3 Offense, Section 5-1-15.
70	70	4 Parole, Section 5-1-16.
71	71	5 Petty Offense, Section 5-1-17.
72	72	6 Probation, Section 5-1-18.
73	73	7 Sentence, Section 5-1-19.
74	74	8 Supervision, Section 5-1-21.
75	75	9 Victim, Section 5-1-22.
76	76	10 (B) As used in this Section, "charge not initiated
77	77	11 by arrest" means a charge (as defined by Section 5-1-3
78	78	12 of the Unified Code of Corrections) brought against a
79	79	13 defendant where the defendant is not arrested prior to
80	80	14 or as a direct result of the charge.
81	81	15 (C) "Conviction" means a judgment of conviction or
82	82	16 sentence entered upon a plea of guilty or upon a
83	83	17 verdict or finding of guilty of an offense, rendered
84	84	18 by a legally constituted jury or by a court of
85	85	19 competent jurisdiction authorized to try the case
86	86	20 without a jury. An order of supervision successfully
87	87	21 completed by the petitioner is not a conviction. An
88	88	22 order of qualified probation (as defined in subsection
89	89	23 (a)(1)(J)) successfully completed by the petitioner is
90	90	24 not a conviction. An order of supervision or an order
91	91	25 of qualified probation that is terminated
92	92	26 unsatisfactorily is a conviction, unless the
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103	103	1 unsatisfactory termination is reversed, vacated, or
104	104	2 modified and the judgment of conviction, if any, is
105	105	3 reversed or vacated.
106	106	4 (D) "Criminal offense" means a petty offense,
107	107	5 business offense, misdemeanor, felony, or municipal
108	108	6 ordinance violation (as defined in subsection
109	109	7 (a)(1)(H)). As used in this Section, a minor traffic
110	110	8 offense (as defined in subsection (a)(1)(G)) shall not
111	111	9 be considered a criminal offense.
112	112	10 (E) "Expunge" means to physically destroy the
113	113	11 records or return them to the petitioner and to
114	114	12 obliterate the petitioner's name from any official
115	115	13 index or public record, or both. Nothing in this Act
116	116	14 shall require the physical destruction of the circuit
117	117	15 court file, but such records relating to arrests or
118	118	16 charges, or both, ordered expunged shall be impounded
119	119	17 as required by subsections (d)(9)(A)(ii) and
120	120	18 (d)(9)(B)(ii).
121	121	19 (F) As used in this Section, "last sentence" means
122	122	20 the sentence, order of supervision, or order of
123	123	21 qualified probation (as defined by subsection
124	124	22 (a)(1)(J)), for a criminal offense (as defined by
125	125	23 subsection (a)(1)(D)) that terminates last in time in
126	126	24 any jurisdiction, regardless of whether the petitioner
127	127	25 has included the criminal offense for which the
128	128	26 sentence or order of supervision or qualified
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139	139	1 probation was imposed in his or her petition. If
140	140	2 multiple sentences, orders of supervision, or orders
141	141	3 of qualified probation terminate on the same day and
142	142	4 are last in time, they shall be collectively
143	143	5 considered the "last sentence" regardless of whether
144	144	6 they were ordered to run concurrently.
145	145	7 (G) "Minor traffic offense" means a petty offense,
146	146	8 business offense, or Class C misdemeanor under the
147	147	9 Illinois Vehicle Code or a similar provision of a
148	148	10 municipal or local ordinance.
149	149	11 (G-5) "Minor Cannabis Offense" means a violation
150	150	12 of Section 4 or 5 of the Cannabis Control Act
151	151	13 concerning not more than 30 grams of any substance
152	152	14 containing cannabis, provided the violation did not
153	153	15 include a penalty enhancement under Section 7 of the
154	154	16 Cannabis Control Act and is not associated with an
155	155	17 arrest, conviction or other disposition for a violent
156	156	18 crime as defined in subsection (c) of Section 3 of the
157	157	19 Rights of Crime Victims and Witnesses Act.
158	158	20 (H) "Municipal ordinance violation" means an
159	159	21 offense defined by a municipal or local ordinance that
160	160	22 is criminal in nature and with which the petitioner
161	161	23 was charged or for which the petitioner was arrested
162	162	24 and released without charging.
163	163	25 (I) "Petitioner" means an adult or a minor
164	164	26 prosecuted as an adult who has applied for relief
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175	175	1 under this Section.
176	176	2 (J) "Qualified probation" means an order of
177	177	3 probation under Section 10 of the Cannabis Control
178	178	4 Act, Section 410 of the Illinois Controlled Substances
179	179	5 Act, Section 70 of the Methamphetamine Control and
180	180	6 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
181	181	7 of the Unified Code of Corrections, Section
182	182	8 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
183	183	9 those provisions existed before their deletion by
184	184	10 Public Act 89-313), Section 10-102 of the Illinois
185	185	11 Alcoholism and Other Drug Dependency Act, Section
186	186	12 40-10 of the Substance Use Disorder Act, or Section 10
187	187	13 of the Steroid Control Act. For the purpose of this
188	188	14 Section, "successful completion" of an order of
189	189	15 qualified probation under Section 10-102 of the
190	190	16 Illinois Alcoholism and Other Drug Dependency Act and
191	191	17 Section 40-10 of the Substance Use Disorder Act means
192	192	18 that the probation was terminated satisfactorily and
193	193	19 the judgment of conviction was vacated.
194	194	20 (K) "Seal" means to physically and electronically
195	195	21 maintain the records, unless the records would
196	196	22 otherwise be destroyed due to age, but to make the
197	197	23 records unavailable without a court order, subject to
198	198	24 the exceptions in Sections 12 and 13 of this Act. The
199	199	25 petitioner's name shall also be obliterated from the
200	200	26 official index required to be kept by the circuit
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211	211	1 court clerk under Section 16 of the Clerks of Courts
212	212	2 Act, but any index issued by the circuit court clerk
213	213	3 before the entry of the order to seal shall not be
214	214	4 affected.
215	215	5 (L) "Sexual offense committed against a minor"
216	216	6 includes, but is not limited to, the offenses of
217	217	7 indecent solicitation of a child or criminal sexual
218	218	8 abuse when the victim of such offense is under 18 years
219	219	9 of age.
220	220	10 (M) "Terminate" as it relates to a sentence or
221	221	11 order of supervision or qualified probation includes
222	222	12 either satisfactory or unsatisfactory termination of
223	223	13 the sentence, unless otherwise specified in this
224	224	14 Section. A sentence is terminated notwithstanding any
225	225	15 outstanding financial legal obligation.
226	226	16 (2) Minor Traffic Offenses. Orders of supervision or
227	227	17 convictions for minor traffic offenses shall not affect a
228	228	18 petitioner's eligibility to expunge or seal records
229	229	19 pursuant to this Section.
230	230	20 (2.5) Commencing 180 days after July 29, 2016 (the
231	231	21 effective date of Public Act 99-697), the law enforcement
232	232	22 agency issuing the citation shall automatically expunge,
233	233	23 on or before January 1 and July 1 of each year, the law
234	234	24 enforcement records of a person found to have committed a
235	235	25 civil law violation of subsection (a) of Section 4 of the
236	236	26 Cannabis Control Act or subsection (c) of Section 3.5 of
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247	247	1 the Drug Paraphernalia Control Act in the law enforcement
248	248	2 agency's possession or control and which contains the
249	249	3 final satisfactory disposition which pertain to the person
250	250	4 issued a citation for that offense. The law enforcement
251	251	5 agency shall provide by rule the process for access,
252	252	6 review, and to confirm the automatic expungement by the
253	253	7 law enforcement agency issuing the citation. Commencing
254	254	8 180 days after July 29, 2016 (the effective date of Public
255	255	9 Act 99-697), the clerk of the circuit court shall expunge,
256	256	10 upon order of the court, or in the absence of a court order
257	257	11 on or before January 1 and July 1 of each year, the court
258	258	12 records of a person found in the circuit court to have
259	259	13 committed a civil law violation of subsection (a) of
260	260	14 Section 4 of the Cannabis Control Act or subsection (c) of
261	261	15 Section 3.5 of the Drug Paraphernalia Control Act in the
262	262	16 clerk's possession or control and which contains the final
263	263	17 satisfactory disposition which pertain to the person
264	264	18 issued a citation for any of those offenses.
265	265	19 (3) Exclusions. Except as otherwise provided in
266	266	20 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
267	267	21 of this Section, the court shall not order:
268	268	22 (A) the sealing or expungement of the records of
269	269	23 arrests or charges not initiated by arrest that result
270	270	24 in an order of supervision for or conviction of: (i)
271	271	25 any sexual offense committed against a minor; (ii)
272	272	26 (blank) Section 11-501 of the Illinois Vehicle Code or
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283	283	1 a similar provision of a local ordinance; or (iii)
284	284	2 Section 11-503 of the Illinois Vehicle Code or a
285	285	3 similar provision of a local ordinance, unless the
286	286	4 arrest or charge is for a misdemeanor violation of
287	287	5 subsection (a) of Section 11-503 or a similar
288	288	6 provision of a local ordinance, that occurred prior to
289	289	7 the offender reaching the age of 25 years and the
290	290	8 offender has no other conviction for violating Section
291	291	9 11-501 or 11-503 of the Illinois Vehicle Code or a
292	292	10 similar provision of a local ordinance.
293	293	11 (B) the sealing or expungement of records of minor
294	294	12 traffic offenses (as defined in subsection (a)(1)(G)),
295	295	13 unless the petitioner was arrested and released
296	296	14 without charging.
297	297	15 (C) the sealing of the records of arrests or
298	298	16 charges not initiated by arrest which result in an
299	299	17 order of supervision or a conviction for the following
300	300	18 offenses:
301	301	19 (i) offenses included in Article 11 of the
302	302	20 Criminal Code of 1961 or the Criminal Code of 2012
303	303	21 or a similar provision of a local ordinance,
304	304	22 except Section 11-14 and a misdemeanor violation
305	305	23 of Section 11-30 of the Criminal Code of 1961 or
306	306	24 the Criminal Code of 2012, or a similar provision
307	307	25 of a local ordinance;
308	308	26 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
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319	319	1 26-5, or 48-1 of the Criminal Code of 1961 or the
320	320	2 Criminal Code of 2012, or a similar provision of a
321	321	3 local ordinance;
322	322	4 (iii) Section Sections 12-3.1 or 12-3.2 of the
323	323	5 Criminal Code of 1961 or the Criminal Code of
324	324	6 2012, or Section 125 of the Stalking No Contact
325	325	7 Order Act, or Section 219 of the Civil No Contact
326	326	8 Order Act, or a similar provision of a local
327	327	9 ordinance;
328	328	10 (iv) Class A misdemeanors or felony offenses
329	329	11 under the Humane Care for Animals Act; or
330	330	12 (v) any offense or attempted offense that
331	331	13 would subject a person to registration under the
332	332	14 Sex Offender Registration Act.
333	333	15 (D) (blank).
334	334	16 (E) the sealing or expungement of records of
335	335	17 arrests or charges not initiated by arrest that result
336	336	18 in an order of supervision for or conviction of
337	337	19 Section 11-501 of the Illinois Vehicle Code or a
338	338	20 similar provision of a local ordinance; except that
339	339	21 the court may order the sealing of one misdemeanor
340	340	22 record of arrest or charge not initiated by arrest
341	341	23 that results in an order of supervision for or
342	342	24 conviction of Section 11-501 of the Illinois Vehicle
343	343	25 Code or a similar provision of a local ordinance per
344	344	26 petitioner if each of the following conditions have
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355	355	1 been met: (i) the petitioner has not previously been
356	356	2 convicted of or placed on supervision for a violation
357	357	3 of Section 11-501 of the Illinois Vehicle Code or a
358	358	4 similar provision of a local ordinance; (ii) 10 or
359	359	5 more years have passed since the termination of the
360	360	6 petitioner's sentence; (iii) during the commission of
361	361	7 the violation, the petitioner did not proximately
362	362	8 cause death or personal injury to any other person or
363	363	9 damage the property of any other person; (iv) the
364	364	10 petitioner has no other misdemeanor or felony driving
365	365	11 charge on his or her driving abstract; and (v) the
366	366	12 judge examined the driving abstract of the petitioner
367	367	13 petitioning to have his or her record sealed under
368	368	14 this subparagraph (E) and made a finding entered on
369	369	15 the record that the petitioner did not enter into a
370	370	16 plea agreement on a lesser charge other than a
371	371	17 violation of Section 11-501 of the Illinois Vehicle
372	372	18 Code or a similar provision of a local ordinance, and
373	373	19 the facts did not support that the petitioner had
374	374	20 previously committed a violation of Section 11-501 of
375	375	21 the Illinois Vehicle Code or a similar provision of a
376	376	22 local ordinance. A felony conviction of Section 11-501
377	377	23 of the Illinois Vehicle Code or a similar provision of
378	378	24 a local ordinance may not be sealed or expunged under
379	379	25 this subparagraph (E). Notwithstanding any provision
380	380	26 of this Act to the contrary, the Secretary of State
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391	391	1 shall maintain orders of court supervision and
392	392	2 convictions of Section 11-501 of the Illinois Vehicle
393	393	3 Code or a similar provision of a local ordinance on
394	394	4 court purposes driving abstracts.
395	395	5 (b) Expungement.
396	396	6 (1) A petitioner may petition the circuit court to
397	397	7 expunge the records of his or her arrests and charges not
398	398	8 initiated by arrest when each arrest or charge not
399	399	9 initiated by arrest sought to be expunged resulted in: (i)
400	400	10 acquittal, dismissal, or the petitioner's release without
401	401	11 charging, unless excluded by subsection (a)(3)(B); (ii) a
402	402	12 conviction which was vacated or reversed, unless excluded
403	403	13 by subsection (a)(3)(B); (iii) an order of supervision and
404	404	14 such supervision was successfully completed by the
405	405	15 petitioner, unless excluded by subsection (a)(3)(A) or
406	406	16 (a)(3)(B); or (iv) an order of qualified probation (as
407	407	17 defined in subsection (a)(1)(J)) and such probation was
408	408	18 successfully completed by the petitioner.
409	409	19 (1.5) When a petitioner seeks to have a record of
410	410	20 arrest expunged under this Section, and the offender has
411	411	21 been convicted of a criminal offense, the State's Attorney
412	412	22 may object to the expungement on the grounds that the
413	413	23 records contain specific relevant information aside from
414	414	24 the mere fact of the arrest.
415	415	25 (2) Time frame for filing a petition to expunge.
416	416	26 (A) When the arrest or charge not initiated by
417	417
418	418
419	419
420	420
421	421
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423	423
424	424
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426	426	HB1462 - 12 - LRB103 05838 RLC 51448 b
427	427	1 arrest sought to be expunged resulted in an acquittal,
428	428	2 dismissal, the petitioner's release without charging,
429	429	3 or the reversal or vacation of a conviction, there is
430	430	4 no waiting period to petition for the expungement of
431	431	5 such records.
432	432	6 (B) When the arrest or charge not initiated by
433	433	7 arrest sought to be expunged resulted in an order of
434	434	8 supervision, successfully completed by the petitioner,
435	435	9 the following time frames will apply:
436	436	10 (i) Those arrests or charges that resulted in
437	437	11 orders of supervision under Section 3-707, 3-708,
438	438	12 3-710, or 5-401.3 of the Illinois Vehicle Code or
439	439	13 a similar provision of a local ordinance, or under
440	440	14 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
441	441	15 Code of 1961 or the Criminal Code of 2012, or a
442	442	16 similar provision of a local ordinance, shall not
443	443	17 be eligible for expungement until 5 years have
444	444	18 passed following the satisfactory termination of
445	445	19 the supervision.
446	446	20 (i-5) Those arrests or charges that resulted
447	447	21 in orders of supervision for a misdemeanor
448	448	22 violation of subsection (a) of Section 11-503 of
449	449	23 the Illinois Vehicle Code or a similar provision
450	450	24 of a local ordinance, that occurred prior to the
451	451	25 offender reaching the age of 25 years and the
452	452	26 offender has no other conviction for violating
453	453
454	454
455	455
456	456
457	457
458	458	HB1462 - 12 - LRB103 05838 RLC 51448 b
459	459
460	460
461	461	HB1462- 13 -LRB103 05838 RLC 51448 b HB1462 - 13 - LRB103 05838 RLC 51448 b
462	462	HB1462 - 13 - LRB103 05838 RLC 51448 b
463	463	1 Section 11-501 or 11-503 of the Illinois Vehicle
464	464	2 Code or a similar provision of a local ordinance
465	465	3 shall not be eligible for expungement until the
466	466	4 petitioner has reached the age of 25 years.
467	467	5 (ii) Those arrests or charges that resulted in
468	468	6 orders of supervision for any other offenses shall
469	469	7 not be eligible for expungement until 2 years have
470	470	8 passed following the satisfactory termination of
471	471	9 the supervision.
472	472	10 (C) When the arrest or charge not initiated by
473	473	11 arrest sought to be expunged resulted in an order of
474	474	12 qualified probation, successfully completed by the
475	475	13 petitioner, such records shall not be eligible for
476	476	14 expungement until 5 years have passed following the
477	477	15 satisfactory termination of the probation.
478	478	16 (3) Those records maintained by the Illinois State
479	479	17 Police for persons arrested prior to their 17th birthday
480	480	18 shall be expunged as provided in Section 5-915 of the
481	481	19 Juvenile Court Act of 1987.
482	482	20 (4) Whenever a person has been arrested for or
483	483	21 convicted of any offense, in the name of a person whose
484	484	22 identity he or she has stolen or otherwise come into
485	485	23 possession of, the aggrieved person from whom the identity
486	486	24 was stolen or otherwise obtained without authorization,
487	487	25 upon learning of the person having been arrested using his
488	488	26 or her identity, may, upon verified petition to the chief
489	489
490	490
491	491
492	492
493	493
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495	495
496	496
497	497	HB1462- 14 -LRB103 05838 RLC 51448 b HB1462 - 14 - LRB103 05838 RLC 51448 b
498	498	HB1462 - 14 - LRB103 05838 RLC 51448 b
499	499	1 judge of the circuit wherein the arrest was made, have a
500	500	2 court order entered nunc pro tunc by the Chief Judge to
501	501	3 correct the arrest record, conviction record, if any, and
502	502	4 all official records of the arresting authority, the
503	503	5 Illinois State Police, other criminal justice agencies,
504	504	6 the prosecutor, and the trial court concerning such
505	505	7 arrest, if any, by removing his or her name from all such
506	506	8 records in connection with the arrest and conviction, if
507	507	9 any, and by inserting in the records the name of the
508	508	10 offender, if known or ascertainable, in lieu of the
509	509	11 aggrieved's name. The records of the circuit court clerk
510	510	12 shall be sealed until further order of the court upon good
511	511	13 cause shown and the name of the aggrieved person
512	512	14 obliterated on the official index required to be kept by
513	513	15 the circuit court clerk under Section 16 of the Clerks of
514	514	16 Courts Act, but the order shall not affect any index
515	515	17 issued by the circuit court clerk before the entry of the
516	516	18 order. Nothing in this Section shall limit the Illinois
517	517	19 State Police or other criminal justice agencies or
518	518	20 prosecutors from listing under an offender's name the
519	519	21 false names he or she has used.
520	520	22 (5) Whenever a person has been convicted of criminal
521	521	23 sexual assault, aggravated criminal sexual assault,
522	522	24 predatory criminal sexual assault of a child, criminal
523	523	25 sexual abuse, or aggravated criminal sexual abuse, the
524	524	26 victim of that offense may request that the State's
525	525
526	526
527	527
528	528
529	529
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531	531
532	532
533	533	HB1462- 15 -LRB103 05838 RLC 51448 b HB1462 - 15 - LRB103 05838 RLC 51448 b
534	534	HB1462 - 15 - LRB103 05838 RLC 51448 b
535	535	1 Attorney of the county in which the conviction occurred
536	536	2 file a verified petition with the presiding trial judge at
537	537	3 the petitioner's trial to have a court order entered to
538	538	4 seal the records of the circuit court clerk in connection
539	539	5 with the proceedings of the trial court concerning that
540	540	6 offense. However, the records of the arresting authority
541	541	7 and the Illinois State Police concerning the offense shall
542	542	8 not be sealed. The court, upon good cause shown, shall
543	543	9 make the records of the circuit court clerk in connection
544	544	10 with the proceedings of the trial court concerning the
545	545	11 offense available for public inspection.
546	546	12 (6) If a conviction has been set aside on direct
547	547	13 review or on collateral attack and the court determines by
548	548	14 clear and convincing evidence that the petitioner was
549	549	15 factually innocent of the charge, the court that finds the
550	550	16 petitioner factually innocent of the charge shall enter an
551	551	17 expungement order for the conviction for which the
552	552	18 petitioner has been determined to be innocent as provided
553	553	19 in subsection (b) of Section 5-5-4 of the Unified Code of
554	554	20 Corrections.
555	555	21 (7) Nothing in this Section shall prevent the Illinois
556	556	22 State Police from maintaining all records of any person
557	557	23 who is admitted to probation upon terms and conditions and
558	558	24 who fulfills those terms and conditions pursuant to
559	559	25 Section 10 of the Cannabis Control Act, Section 410 of the
560	560	26 Illinois Controlled Substances Act, Section 70 of the
561	561
562	562
563	563
564	564
565	565
566	566	HB1462 - 15 - LRB103 05838 RLC 51448 b
567	567
568	568
569	569	HB1462- 16 -LRB103 05838 RLC 51448 b HB1462 - 16 - LRB103 05838 RLC 51448 b
570	570	HB1462 - 16 - LRB103 05838 RLC 51448 b
571	571	1 Methamphetamine Control and Community Protection Act,
572	572	2 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
573	573	3 Corrections, Section 12-4.3 or subdivision (b)(1) of
574	574	4 Section 12-3.05 of the Criminal Code of 1961 or the
575	575	5 Criminal Code of 2012, Section 10-102 of the Illinois
576	576	6 Alcoholism and Other Drug Dependency Act, Section 40-10 of
577	577	7 the Substance Use Disorder Act, or Section 10 of the
578	578	8 Steroid Control Act.
579	579	9 (8) If the petitioner has been granted a certificate
580	580	10 of innocence under Section 2-702 of the Code of Civil
581	581	11 Procedure, the court that grants the certificate of
582	582	12 innocence shall also enter an order expunging the
583	583	13 conviction for which the petitioner has been determined to
584	584	14 be innocent as provided in subsection (h) of Section 2-702
585	585	15 of the Code of Civil Procedure.
586	586	16 (c) Sealing.
587	587	17 (1) Applicability. Notwithstanding any other provision
588	588	18 of this Act to the contrary, and cumulative with any
589	589	19 rights to expungement of criminal records, this subsection
590	590	20 authorizes the sealing of criminal records of adults and
591	591	21 of minors prosecuted as adults. Subsection (g) of this
592	592	22 Section provides for immediate sealing of certain records.
593	593	23 (2) Eligible Records. The following records may be
594	594	24 sealed:
595	595	25 (A) All arrests resulting in release without
596	596	26 charging;
597	597
598	598
599	599
600	600
601	601
602	602	HB1462 - 16 - LRB103 05838 RLC 51448 b
603	603
604	604
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606	606	HB1462 - 17 - LRB103 05838 RLC 51448 b
607	607	1 (B) Arrests or charges not initiated by arrest
608	608	2 resulting in acquittal, dismissal, or conviction when
609	609	3 the conviction was reversed or vacated, except as
610	610	4 excluded by subsection (a)(3)(B);
611	611	5 (C) Arrests or charges not initiated by arrest
612	612	6 resulting in orders of supervision, including orders
613	613	7 of supervision for municipal ordinance violations,
614	614	8 successfully completed by the petitioner, unless
615	615	9 excluded by subsection (a)(3);
616	616	10 (D) Arrests or charges not initiated by arrest
617	617	11 resulting in convictions, including convictions on
618	618	12 municipal ordinance violations, unless excluded by
619	619	13 subsection (a)(3);
620	620	14 (E) Arrests or charges not initiated by arrest
621	621	15 resulting in orders of first offender probation under
622	622	16 Section 10 of the Cannabis Control Act, Section 410 of
623	623	17 the Illinois Controlled Substances Act, Section 70 of
624	624	18 the Methamphetamine Control and Community Protection
625	625	19 Act, or Section 5-6-3.3 of the Unified Code of
626	626	20 Corrections; and
627	627	21 (F) Arrests or charges not initiated by arrest
628	628	22 resulting in felony convictions unless otherwise
629	629	23 excluded by subsection (a) paragraph (3) of this
630	630	24 Section.
631	631	25 (3) When Records Are Eligible to Be Sealed. Records
632	632	26 identified as eligible under subsection (c)(2) may be
633	633
634	634
635	635
636	636
637	637
638	638	HB1462 - 17 - LRB103 05838 RLC 51448 b
639	639
640	640
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642	642	HB1462 - 18 - LRB103 05838 RLC 51448 b
643	643	1 sealed as follows:
644	644	2 (A) Records identified as eligible under
645	645	3 subsections subsection (c)(2)(A) and (c)(2)(B) may be
646	646	4 sealed at any time.
647	647	5 (B) Except as otherwise provided in subparagraph
648	648	6 (E) of this paragraph (3), records identified as
649	649	7 eligible under subsection (c)(2)(C) may be sealed 2
650	650	8 years after the termination of petitioner's last
651	651	9 sentence (as defined in subsection (a)(1)(F)).
652	652	10 (C) Except as otherwise provided in subparagraph
653	653	11 (E) of this paragraph (3), records identified as
654	654	12 eligible under subsections (c)(2)(D), (c)(2)(E), and
655	655	13 (c)(2)(F) may be sealed 3 years after the termination
656	656	14 of the petitioner's last sentence (as defined in
657	657	15 subsection (a)(1)(F)). Convictions requiring public
658	658	16 registration under the Arsonist Registration Act, the
659	659	17 Sex Offender Registration Act, or the Murderer and
660	660	18 Violent Offender Against Youth Registration Act may
661	661	19 not be sealed until the petitioner is no longer
662	662	20 required to register under that relevant Act.
663	663	21 (D) Records identified in subsection
664	664	22 (a)(3)(A)(iii) may be sealed after the petitioner has
665	665	23 reached the age of 25 years.
666	666	24 (E) Records identified as eligible under
667	667	25 subsection subsections (c)(2)(C), (c)(2)(D),
668	668	26 (c)(2)(E), or (c)(2)(F) may be sealed upon termination
669	669
670	670
671	671
672	672
673	673
674	674	HB1462 - 18 - LRB103 05838 RLC 51448 b
675	675
676	676
677	677	HB1462- 19 -LRB103 05838 RLC 51448 b HB1462 - 19 - LRB103 05838 RLC 51448 b
678	678	HB1462 - 19 - LRB103 05838 RLC 51448 b
679	679	1 of the petitioner's last sentence if the petitioner
680	680	2 earned a high school diploma, associate's degree,
681	681	3 career certificate, vocational technical
682	682	4 certification, or bachelor's degree, or passed the
683	683	5 high school level Test of General Educational
684	684	6 Development, during the period of his or her sentence
685	685	7 or mandatory supervised release. This subparagraph
686	686	8 shall apply only to a petitioner who has not completed
687	687	9 the same educational goal prior to the period of his or
688	688	10 her sentence or mandatory supervised release. If a
689	689	11 petition for sealing eligible records filed under this
690	690	12 subparagraph is denied by the court, the time periods
691	691	13 under subparagraph (B) or (C) shall apply to any
692	692	14 subsequent petition for sealing filed by the
693	693	15 petitioner.
694	694	16 (4) Subsequent felony convictions. A person may not
695	695	17 have subsequent felony conviction records sealed as
696	696	18 provided in this subsection (c) if he or she is convicted
697	697	19 of any felony offense after the date of the sealing of
698	698	20 prior felony convictions as provided in this subsection
699	699	21 (c). The court may, upon conviction for a subsequent
700	700	22 felony offense, order the unsealing of prior felony
701	701	23 conviction records previously ordered sealed by the court.
702	702	24 (5) Notice of eligibility for sealing. Upon entry of a
703	703	25 disposition for an eligible record under this subsection
704	704	26 (c), the petitioner shall be informed by the court of the
705	705
706	706
707	707
708	708
709	709
710	710	HB1462 - 19 - LRB103 05838 RLC 51448 b
711	711
712	712
713	713	HB1462- 20 -LRB103 05838 RLC 51448 b HB1462 - 20 - LRB103 05838 RLC 51448 b
714	714	HB1462 - 20 - LRB103 05838 RLC 51448 b
715	715	1 right to have the records sealed and the procedures for
716	716	2 the sealing of the records.
717	717	3 (d) Procedure. The following procedures apply to
718	718	4 expungement under subsections (b), (e), and (e-6) and sealing
719	719	5 under subsections (c) and (e-5):
720	720	6 (1) Filing the petition. Upon becoming eligible to
721	721	7 petition for the expungement or sealing of records under
722	722	8 this Section, the petitioner shall file a petition
723	723	9 requesting the expungement or sealing of records with the
724	724	10 clerk of the court where the arrests occurred or the
725	725	11 charges were brought, or both. If arrests occurred or
726	726	12 charges were brought in multiple jurisdictions, a petition
727	727	13 must be filed in each such jurisdiction. The petitioner
728	728	14 shall pay the applicable fee, except no fee shall be
729	729	15 required if the petitioner has obtained a court order
730	730	16 waiving fees under Supreme Court Rule 298 or it is
731	731	17 otherwise waived.
732	732	18 (1.5) County fee waiver pilot program. From August 9,
733	733	19 2019 (the effective date of Public Act 101-306) through
734	734	20 December 31, 2020, in a county of 3,000,000 or more
735	735	21 inhabitants, no fee shall be required to be paid by a
736	736	22 petitioner if the records sought to be expunged or sealed
737	737	23 were arrests resulting in release without charging or
738	738	24 arrests or charges not initiated by arrest resulting in
739	739	25 acquittal, dismissal, or conviction when the conviction
740	740	26 was reversed or vacated, unless excluded by subsection
741	741
742	742
743	743
744	744
745	745
746	746	HB1462 - 20 - LRB103 05838 RLC 51448 b
747	747
748	748
749	749	HB1462- 21 -LRB103 05838 RLC 51448 b HB1462 - 21 - LRB103 05838 RLC 51448 b
750	750	HB1462 - 21 - LRB103 05838 RLC 51448 b
751	751	1 (a)(3)(B). The provisions of this paragraph (1.5), other
752	752	2 than this sentence, are inoperative on and after January
753	753	3 1, 2022.
754	754	4 (2) Contents of petition. The petition shall be
755	755	5 verified and shall contain the petitioner's name, date of
756	756	6 birth, current address and, for each arrest or charge not
757	757	7 initiated by arrest sought to be sealed or expunged, the
758	758	8 case number, the date of arrest (if any), the identity of
759	759	9 the arresting authority, and such other information as the
760	760	10 court may require. During the pendency of the proceeding,
761	761	11 the petitioner shall promptly notify the circuit court
762	762	12 clerk of any change of his or her address. If the
763	763	13 petitioner has received a certificate of eligibility for
764	764	14 sealing from the Prisoner Review Board under paragraph
765	765	15 (10) of subsection (a) of Section 3-3-2 of the Unified
766	766	16 Code of Corrections, the certificate shall be attached to
767	767	17 the petition.
768	768	18 (3) Drug test. The petitioner must attach to the
769	769	19 petition proof that the petitioner has taken within 30
770	770	20 days before the filing of the petition a test showing the
771	771	21 absence within his or her body of all illegal substances
772	772	22 as defined by the Illinois Controlled Substances Act and
773	773	23 the Methamphetamine Control and Community Protection Act
774	774	24 if he or she is petitioning to:
775	775	25 (A) seal felony records under clause (c)(2)(E);
776	776	26 (B) seal felony records for a violation of the
777	777
778	778
779	779
780	780
781	781
782	782	HB1462 - 21 - LRB103 05838 RLC 51448 b
783	783
784	784
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786	786	HB1462 - 22 - LRB103 05838 RLC 51448 b
787	787	1 Illinois Controlled Substances Act, the
788	788	2 Methamphetamine Control and Community Protection Act,
789	789	3 or the Cannabis Control Act under clause (c)(2)(F);
790	790	4 (C) seal felony records under subsection (e-5); or
791	791	5 (D) expunge felony records of a qualified
792	792	6 probation under clause (b)(1)(iv).
793	793	7 (4) Service of petition. The circuit court clerk shall
794	794	8 promptly serve a copy of the petition and documentation to
795	795	9 support the petition under subsection (e-5) or (e-6) on
796	796	10 the State's Attorney or prosecutor charged with the duty
797	797	11 of prosecuting the offense, the Illinois State Police, the
798	798	12 arresting agency and the chief legal officer of the unit
799	799	13 of local government effecting the arrest.
800	800	14 (5) Objections.
801	801	15 (A) Any party entitled to notice of the petition
802	802	16 may file an objection to the petition. All objections
803	803	17 shall be in writing, shall be filed with the circuit
804	804	18 court clerk, and shall state with specificity the
805	805	19 basis of the objection. Whenever a person who has been
806	806	20 convicted of an offense is granted a pardon by the
807	807	21 Governor which specifically authorizes expungement, an
808	808	22 objection to the petition may not be filed.
809	809	23 (B) Objections to a petition to expunge or seal
810	810	24 must be filed within 60 days of the date of service of
811	811	25 the petition.
812	812	26 (6) Entry of order.
813	813
814	814
815	815
816	816
817	817
818	818	HB1462 - 22 - LRB103 05838 RLC 51448 b
819	819
820	820
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822	822	HB1462 - 23 - LRB103 05838 RLC 51448 b
823	823	1 (A) The Chief Judge of the circuit wherein the
824	824	2 charge was brought, any judge of that circuit
825	825	3 designated by the Chief Judge, or in counties of less
826	826	4 than 3,000,000 inhabitants, the presiding trial judge
827	827	5 at the petitioner's trial, if any, shall rule on the
828	828	6 petition to expunge or seal as set forth in this
829	829	7 subsection (d)(6).
830	830	8 (B) Unless the State's Attorney or prosecutor, the
831	831	9 Illinois State Police, the arresting agency, or the
832	832	10 chief legal officer files an objection to the petition
833	833	11 to expunge or seal within 60 days from the date of
834	834	12 service of the petition, the court shall enter an
835	835	13 order granting or denying the petition.
836	836	14 (C) Notwithstanding any other provision of law,
837	837	15 the court shall not deny a petition for sealing under
838	838	16 this Section because the petitioner has not satisfied
839	839	17 an outstanding legal financial obligation established,
840	840	18 imposed, or originated by a court, law enforcement
841	841	19 agency, or a municipal, State, county, or other unit
842	842	20 of local government, including, but not limited to,
843	843	21 any cost, assessment, fine, or fee. An outstanding
844	844	22 legal financial obligation does not include any court
845	845	23 ordered restitution to a victim under Section 5-5-6 of
846	846	24 the Unified Code of Corrections, unless the
847	847	25 restitution has been converted to a civil judgment.
848	848	26 Nothing in this subparagraph (C) waives, rescinds, or
849	849
850	850
851	851
852	852
853	853
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855	855
856	856
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858	858	HB1462 - 24 - LRB103 05838 RLC 51448 b
859	859	1 abrogates a legal financial obligation or otherwise
860	860	2 eliminates or affects the right of the holder of any
861	861	3 financial obligation to pursue collection under
862	862	4 applicable federal, State, or local law.
863	863	5 (D) Notwithstanding any other provision of law,
864	864	6 the court shall not deny a petition to expunge or seal
865	865	7 under this Section because the petitioner has
866	866	8 submitted a drug test taken within 30 days before the
867	867	9 filing of the petition to expunge or seal that
868	868	10 indicates a positive test for the presence of cannabis
869	869	11 within the petitioner's body. In this subparagraph
870	870	12 (D), "cannabis" has the meaning ascribed to it in
871	871	13 Section 3 of the Cannabis Control Act.
872	872	14 (7) Hearings. If an objection is filed, the court
873	873	15 shall set a date for a hearing and notify the petitioner
874	874	16 and all parties entitled to notice of the petition of the
875	875	17 hearing date at least 30 days prior to the hearing. Prior
876	876	18 to the hearing, the State's Attorney shall consult with
877	877	19 the Illinois State Police as to the appropriateness of the
878	878	20 relief sought in the petition to expunge or seal. At the
879	879	21 hearing, the court shall hear evidence on whether the
880	880	22 petition should or should not be granted, and shall grant
881	881	23 or deny the petition to expunge or seal the records based
882	882	24 on the evidence presented at the hearing. The court may
883	883	25 consider the following:
884	884	26 (A) the strength of the evidence supporting the
885	885
886	886
887	887
888	888
889	889
890	890	HB1462 - 24 - LRB103 05838 RLC 51448 b
891	891
892	892
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894	894	HB1462 - 25 - LRB103 05838 RLC 51448 b
895	895	1 defendant's conviction;
896	896	2 (B) the reasons for retention of the conviction
897	897	3 records by the State;
898	898	4 (C) the petitioner's age, criminal record history,
899	899	5 and employment history;
900	900	6 (D) the period of time between the petitioner's
901	901	7 arrest on the charge resulting in the conviction and
902	902	8 the filing of the petition under this Section; and
903	903	9 (E) the specific adverse consequences the
904	904	10 petitioner may be subject to if the petition is
905	905	11 denied.
906	906	12 (8) Service of order. After entering an order to
907	907	13 expunge or seal records, the court must provide copies of
908	908	14 the order to the Illinois State Police, in a form and
909	909	15 manner prescribed by the Illinois State Police, to the
910	910	16 petitioner, to the State's Attorney or prosecutor charged
911	911	17 with the duty of prosecuting the offense, to the arresting
912	912	18 agency, to the chief legal officer of the unit of local
913	913	19 government effecting the arrest, and to such other
914	914	20 criminal justice agencies as may be ordered by the court.
915	915	21 (9) Implementation of order.
916	916	22 (A) Upon entry of an order to expunge records
917	917	23 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
918	918	24 both:
919	919	25 (i) the records shall be expunged (as defined
920	920	26 in subsection (a)(1)(E)) by the arresting agency,
921	921
922	922
923	923
924	924
925	925
926	926	HB1462 - 25 - LRB103 05838 RLC 51448 b
927	927
928	928
929	929	HB1462- 26 -LRB103 05838 RLC 51448 b HB1462 - 26 - LRB103 05838 RLC 51448 b
930	930	HB1462 - 26 - LRB103 05838 RLC 51448 b
931	931	1 the Illinois State Police, and any other agency as
932	932	2 ordered by the court, within 60 days of the date of
933	933	3 service of the order, unless a motion to vacate,
934	934	4 modify, or reconsider the order is filed pursuant
935	935	5 to paragraph (12) of subsection (d) of this
936	936	6 Section;
937	937	7 (ii) the records of the circuit court clerk
938	938	8 shall be impounded until further order of the
939	939	9 court upon good cause shown and the name of the
940	940	10 petitioner obliterated on the official index
941	941	11 required to be kept by the circuit court clerk
942	942	12 under Section 16 of the Clerks of Courts Act, but
943	943	13 the order shall not affect any index issued by the
944	944	14 circuit court clerk before the entry of the order;
945	945	15 and
946	946	16 (iii) in response to an inquiry for expunged
947	947	17 records, the court, the Illinois State Police, or
948	948	18 the agency receiving such inquiry, shall reply as
949	949	19 it does in response to inquiries when no records
950	950	20 ever existed.
951	951	21 (B) Upon entry of an order to expunge records
952	952	22 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
953	953	23 both:
954	954	24 (i) the records shall be expunged (as defined
955	955	25 in subsection (a)(1)(E)) by the arresting agency
956	956	26 and any other agency as ordered by the court,
957	957
958	958
959	959
960	960
961	961
962	962	HB1462 - 26 - LRB103 05838 RLC 51448 b
963	963
964	964
965	965	HB1462- 27 -LRB103 05838 RLC 51448 b HB1462 - 27 - LRB103 05838 RLC 51448 b
966	966	HB1462 - 27 - LRB103 05838 RLC 51448 b
967	967	1 within 60 days of the date of service of the order,
968	968	2 unless a motion to vacate, modify, or reconsider
969	969	3 the order is filed pursuant to paragraph (12) of
970	970	4 subsection (d) of this Section;
971	971	5 (ii) the records of the circuit court clerk
972	972	6 shall be impounded until further order of the
973	973	7 court upon good cause shown and the name of the
974	974	8 petitioner obliterated on the official index
975	975	9 required to be kept by the circuit court clerk
976	976	10 under Section 16 of the Clerks of Courts Act, but
977	977	11 the order shall not affect any index issued by the
978	978	12 circuit court clerk before the entry of the order;
979	979	13 (iii) the records shall be impounded by the
980	980	14 Illinois State Police within 60 days of the date
981	981	15 of service of the order as ordered by the court,
982	982	16 unless a motion to vacate, modify, or reconsider
983	983	17 the order is filed pursuant to paragraph (12) of
984	984	18 subsection (d) of this Section;
985	985	19 (iv) records impounded by the Illinois State
986	986	20 Police may be disseminated by the Illinois State
987	987	21 Police only as required by law or to the arresting
988	988	22 authority, the State's Attorney, and the court
989	989	23 upon a later arrest for the same or a similar
990	990	24 offense or for the purpose of sentencing for any
991	991	25 subsequent felony, and to the Department of
992	992	26 Corrections upon conviction for any offense; and
993	993
994	994
995	995
996	996
997	997
998	998	HB1462 - 27 - LRB103 05838 RLC 51448 b
999	999
1000	1000
1001	1001	HB1462- 28 -LRB103 05838 RLC 51448 b HB1462 - 28 - LRB103 05838 RLC 51448 b
1002	1002	HB1462 - 28 - LRB103 05838 RLC 51448 b
1003	1003	1 (v) in response to an inquiry for such records
1004	1004	2 from anyone not authorized by law to access such
1005	1005	3 records, the court, the Illinois State Police, or
1006	1006	4 the agency receiving such inquiry shall reply as
1007	1007	5 it does in response to inquiries when no records
1008	1008	6 ever existed.
1009	1009	7 (B-5) Upon entry of an order to expunge records
1010	1010	8 under subsection (e-6):
1011	1011	9 (i) the records shall be expunged (as defined
1012	1012	10 in subsection (a)(1)(E)) by the arresting agency
1013	1013	11 and any other agency as ordered by the court,
1014	1014	12 within 60 days of the date of service of the order,
1015	1015	13 unless a motion to vacate, modify, or reconsider
1016	1016	14 the order is filed under paragraph (12) of
1017	1017	15 subsection (d) of this Section;
1018	1018	16 (ii) the records of the circuit court clerk
1019	1019	17 shall be impounded until further order of the
1020	1020	18 court upon good cause shown and the name of the
1021	1021	19 petitioner obliterated on the official index
1022	1022	20 required to be kept by the circuit court clerk
1023	1023	21 under Section 16 of the Clerks of Courts Act, but
1024	1024	22 the order shall not affect any index issued by the
1025	1025	23 circuit court clerk before the entry of the order;
1026	1026	24 (iii) the records shall be impounded by the
1027	1027	25 Illinois State Police within 60 days of the date
1028	1028	26 of service of the order as ordered by the court,
1029	1029
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034	HB1462 - 28 - LRB103 05838 RLC 51448 b
1035	1035
1036	1036
1037	1037	HB1462- 29 -LRB103 05838 RLC 51448 b HB1462 - 29 - LRB103 05838 RLC 51448 b
1038	1038	HB1462 - 29 - LRB103 05838 RLC 51448 b
1039	1039	1 unless a motion to vacate, modify, or reconsider
1040	1040	2 the order is filed under paragraph (12) of
1041	1041	3 subsection (d) of this Section;
1042	1042	4 (iv) records impounded by the Illinois State
1043	1043	5 Police may be disseminated by the Illinois State
1044	1044	6 Police only as required by law or to the arresting
1045	1045	7 authority, the State's Attorney, and the court
1046	1046	8 upon a later arrest for the same or a similar
1047	1047	9 offense or for the purpose of sentencing for any
1048	1048	10 subsequent felony, and to the Department of
1049	1049	11 Corrections upon conviction for any offense; and
1050	1050	12 (v) in response to an inquiry for these
1051	1051	13 records from anyone not authorized by law to
1052	1052	14 access the records, the court, the Illinois State
1053	1053	15 Police, or the agency receiving the inquiry shall
1054	1054	16 reply as it does in response to inquiries when no
1055	1055	17 records ever existed.
1056	1056	18 (C) Upon entry of an order to seal records under
1057	1057	19 subsection (c), the arresting agency, any other agency
1058	1058	20 as ordered by the court, the Illinois State Police,
1059	1059	21 and the court shall seal the records (as defined in
1060	1060	22 subsection (a)(1)(K)). In response to an inquiry for
1061	1061	23 such records, from anyone not authorized by law to
1062	1062	24 access such records, the court, the Illinois State
1063	1063	25 Police, or the agency receiving such inquiry shall
1064	1064	26 reply as it does in response to inquiries when no
1065	1065
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070	HB1462 - 29 - LRB103 05838 RLC 51448 b
1071	1071
1072	1072
1073	1073	HB1462- 30 -LRB103 05838 RLC 51448 b HB1462 - 30 - LRB103 05838 RLC 51448 b
1074	1074	HB1462 - 30 - LRB103 05838 RLC 51448 b
1075	1075	1 records ever existed.
1076	1076	2 (D) The Illinois State Police shall send written
1077	1077	3 notice to the petitioner of its compliance with each
1078	1078	4 order to expunge or seal records within 60 days of the
1079	1079	5 date of service of that order or, if a motion to
1080	1080	6 vacate, modify, or reconsider is filed, within 60 days
1081	1081	7 of service of the order resolving the motion, if that
1082	1082	8 order requires the Illinois State Police to expunge or
1083	1083	9 seal records. In the event of an appeal from the
1084	1084	10 circuit court order, the Illinois State Police shall
1085	1085	11 send written notice to the petitioner of its
1086	1086	12 compliance with an Appellate Court or Supreme Court
1087	1087	13 judgment to expunge or seal records within 60 days of
1088	1088	14 the issuance of the court's mandate. The notice is not
1089	1089	15 required while any motion to vacate, modify, or
1090	1090	16 reconsider, or any appeal or petition for
1091	1091	17 discretionary appellate review, is pending.
1092	1092	18 (E) Upon motion, the court may order that a sealed
1093	1093	19 judgment or other court record necessary to
1094	1094	20 demonstrate the amount of any legal financial
1095	1095	21 obligation due and owing be made available for the
1096	1096	22 limited purpose of collecting any legal financial
1097	1097	23 obligations owed by the petitioner that were
1098	1098	24 established, imposed, or originated in the criminal
1099	1099	25 proceeding for which those records have been sealed.
1100	1100	26 The records made available under this subparagraph (E)
1101	1101
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106	HB1462 - 30 - LRB103 05838 RLC 51448 b
1107	1107
1108	1108
1109	1109	HB1462- 31 -LRB103 05838 RLC 51448 b HB1462 - 31 - LRB103 05838 RLC 51448 b
1110	1110	HB1462 - 31 - LRB103 05838 RLC 51448 b
1111	1111	1 shall not be entered into the official index required
1112	1112	2 to be kept by the circuit court clerk under Section 16
1113	1113	3 of the Clerks of Courts Act and shall be immediately
1114	1114	4 re-impounded upon the collection of the outstanding
1115	1115	5 financial obligations.
1116	1116	6 (F) Notwithstanding any other provision of this
1117	1117	7 Section, a circuit court clerk may access a sealed
1118	1118	8 record for the limited purpose of collecting payment
1119	1119	9 for any legal financial obligations that were
1120	1120	10 established, imposed, or originated in the criminal
1121	1121	11 proceedings for which those records have been sealed.
1122	1122	12 (10) Fees. The Illinois State Police may charge the
1123	1123	13 petitioner a fee equivalent to the cost of processing any
1124	1124	14 order to expunge or seal records. Notwithstanding any
1125	1125	15 provision of the Clerks of Courts Act to the contrary, the
1126	1126	16 circuit court clerk may charge a fee equivalent to the
1127	1127	17 cost associated with the sealing or expungement of records
1128	1128	18 by the circuit court clerk. From the total filing fee
1129	1129	19 collected for the petition to seal or expunge, the circuit
1130	1130	20 court clerk shall deposit $10 into the Circuit Court Clerk
1131	1131	21 Operation and Administrative Fund, to be used to offset
1132	1132	22 the costs incurred by the circuit court clerk in
1133	1133	23 performing the additional duties required to serve the
1134	1134	24 petition to seal or expunge on all parties. The circuit
1135	1135	25 court clerk shall collect and remit the Illinois State
1136	1136	26 Police portion of the fee to the State Treasurer and it
1137	1137
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142	HB1462 - 31 - LRB103 05838 RLC 51448 b
1143	1143
1144	1144
1145	1145	HB1462- 32 -LRB103 05838 RLC 51448 b HB1462 - 32 - LRB103 05838 RLC 51448 b
1146	1146	HB1462 - 32 - LRB103 05838 RLC 51448 b
1147	1147	1 shall be deposited in the State Police Services Fund. If
1148	1148	2 the record brought under an expungement petition was
1149	1149	3 previously sealed under this Section, the fee for the
1150	1150	4 expungement petition for that same record shall be waived.
1151	1151	5 (11) Final Order. No court order issued under the
1152	1152	6 expungement or sealing provisions of this Section shall
1153	1153	7 become final for purposes of appeal until 30 days after
1154	1154	8 service of the order on the petitioner and all parties
1155	1155	9 entitled to notice of the petition.
1156	1156	10 (12) Motion to Vacate, Modify, or Reconsider. Under
1157	1157	11 Section 2-1203 of the Code of Civil Procedure, the
1158	1158	12 petitioner or any party entitled to notice may file a
1159	1159	13 motion to vacate, modify, or reconsider the order granting
1160	1160	14 or denying the petition to expunge or seal within 60 days
1161	1161	15 of service of the order. If filed more than 60 days after
1162	1162	16 service of the order, a petition to vacate, modify, or
1163	1163	17 reconsider shall comply with subsection (c) of Section
1164	1164	18 2-1401 of the Code of Civil Procedure. Upon filing of a
1165	1165	19 motion to vacate, modify, or reconsider, notice of the
1166	1166	20 motion shall be served upon the petitioner and all parties
1167	1167	21 entitled to notice of the petition.
1168	1168	22 (13) Effect of Order. An order granting a petition
1169	1169	23 under the expungement or sealing provisions of this
1170	1170	24 Section shall not be considered void because it fails to
1171	1171	25 comply with the provisions of this Section or because of
1172	1172	26 any error asserted in a motion to vacate, modify, or
1173	1173
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178	HB1462 - 32 - LRB103 05838 RLC 51448 b
1179	1179
1180	1180
1181	1181	HB1462- 33 -LRB103 05838 RLC 51448 b HB1462 - 33 - LRB103 05838 RLC 51448 b
1182	1182	HB1462 - 33 - LRB103 05838 RLC 51448 b
1183	1183	1 reconsider. The circuit court retains jurisdiction to
1184	1184	2 determine whether the order is voidable and to vacate,
1185	1185	3 modify, or reconsider its terms based on a motion filed
1186	1186	4 under paragraph (12) of this subsection (d).
1187	1187	5 (14) Compliance with Order Granting Petition to Seal
1188	1188	6 Records. Unless a court has entered a stay of an order
1189	1189	7 granting a petition to seal, all parties entitled to
1190	1190	8 notice of the petition must fully comply with the terms of
1191	1191	9 the order within 60 days of service of the order even if a
1192	1192	10 party is seeking relief from the order through a motion
1193	1193	11 filed under paragraph (12) of this subsection (d) or is
1194	1194	12 appealing the order.
1195	1195	13 (15) Compliance with Order Granting Petition to
1196	1196	14 Expunge Records. While a party is seeking relief from the
1197	1197	15 order granting the petition to expunge through a motion
1198	1198	16 filed under paragraph (12) of this subsection (d) or is
1199	1199	17 appealing the order, and unless a court has entered a stay
1200	1200	18 of that order, the parties entitled to notice of the
1201	1201	19 petition must seal, but need not expunge, the records
1202	1202	20 until there is a final order on the motion for relief or,
1203	1203	21 in the case of an appeal, the issuance of that court's
1204	1204	22 mandate.
1205	1205	23 (16) The changes to this subsection (d) made by Public
1206	1206	24 Act 98-163 apply to all petitions pending on August 5,
1207	1207	25 2013 (the effective date of Public Act 98-163) and to all
1208	1208	26 orders ruling on a petition to expunge or seal on or after
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214	HB1462 - 33 - LRB103 05838 RLC 51448 b
1215	1215
1216	1216
1217	1217	HB1462- 34 -LRB103 05838 RLC 51448 b HB1462 - 34 - LRB103 05838 RLC 51448 b
1218	1218	HB1462 - 34 - LRB103 05838 RLC 51448 b
1219	1219	1 August 5, 2013 (the effective date of Public Act 98-163).
1220	1220	2 (e) Whenever a person who has been convicted of an offense
1221	1221	3 is granted a pardon by the Governor which specifically
1222	1222	4 authorizes expungement, he or she may, upon verified petition
1223	1223	5 to the Chief Judge of the circuit where the person had been
1224	1224	6 convicted, any judge of the circuit designated by the Chief
1225	1225	7 Judge, or in counties of less than 3,000,000 inhabitants, the
1226	1226	8 presiding trial judge at the defendant's trial, have a court
1227	1227	9 order entered expunging the record of arrest from the official
1228	1228	10 records of the arresting authority and order that the records
1229	1229	11 of the circuit court clerk and the Illinois State Police be
1230	1230	12 sealed until further order of the court upon good cause shown
1231	1231	13 or as otherwise provided herein, and the name of the defendant
1232	1232	14 obliterated from the official index requested to be kept by
1233	1233	15 the circuit court clerk under Section 16 of the Clerks of
1234	1234	16 Courts Act in connection with the arrest and conviction for
1235	1235	17 the offense for which he or she had been pardoned but the order
1236	1236	18 shall not affect any index issued by the circuit court clerk
1237	1237	19 before the entry of the order. All records sealed by the
1238	1238	20 Illinois State Police may be disseminated by the Illinois
1239	1239	21 State Police only to the arresting authority, the State's
1240	1240	22 Attorney, and the court upon a later arrest for the same or
1241	1241	23 similar offense or for the purpose of sentencing for any
1242	1242	24 subsequent felony. Upon conviction for any subsequent offense,
1243	1243	25 the Department of Corrections shall have access to all sealed
1244	1244	26 records of the Illinois State Police pertaining to that
1245	1245
1246	1246
1247	1247
1248	1248
1249	1249
1250	1250	HB1462 - 34 - LRB103 05838 RLC 51448 b
1251	1251
1252	1252
1253	1253	HB1462- 35 -LRB103 05838 RLC 51448 b HB1462 - 35 - LRB103 05838 RLC 51448 b
1254	1254	HB1462 - 35 - LRB103 05838 RLC 51448 b
1255	1255	1 individual. Upon entry of the order of expungement, the
1256	1256	2 circuit court clerk shall promptly mail a copy of the order to
1257	1257	3 the person who was pardoned.
1258	1258	4 (e-5) Whenever a person who has been convicted of an
1259	1259	5 offense is granted a certificate of eligibility for sealing by
1260	1260	6 the Prisoner Review Board which specifically authorizes
1261	1261	7 sealing, he or she may, upon verified petition to the Chief
1262	1262	8 Judge of the circuit where the person had been convicted, any
1263	1263	9 judge of the circuit designated by the Chief Judge, or in
1264	1264	10 counties of less than 3,000,000 inhabitants, the presiding
1265	1265	11 trial judge at the petitioner's trial, have a court order
1266	1266	12 entered sealing the record of arrest from the official records
1267	1267	13 of the arresting authority and order that the records of the
1268	1268	14 circuit court clerk and the Illinois State Police be sealed
1269	1269	15 until further order of the court upon good cause shown or as
1270	1270	16 otherwise provided herein, and the name of the petitioner
1271	1271	17 obliterated from the official index requested to be kept by
1272	1272	18 the circuit court clerk under Section 16 of the Clerks of
1273	1273	19 Courts Act in connection with the arrest and conviction for
1274	1274	20 the offense for which he or she had been granted the
1275	1275	21 certificate but the order shall not affect any index issued by
1276	1276	22 the circuit court clerk before the entry of the order. All
1277	1277	23 records sealed by the Illinois State Police may be
1278	1278	24 disseminated by the Illinois State Police only as required by
1279	1279	25 this Act or to the arresting authority, a law enforcement
1280	1280	26 agency, the State's Attorney, and the court upon a later
1281	1281
1282	1282
1283	1283
1284	1284
1285	1285
1286	1286	HB1462 - 35 - LRB103 05838 RLC 51448 b
1287	1287
1288	1288
1289	1289	HB1462- 36 -LRB103 05838 RLC 51448 b HB1462 - 36 - LRB103 05838 RLC 51448 b
1290	1290	HB1462 - 36 - LRB103 05838 RLC 51448 b
1291	1291	1 arrest for the same or similar offense or for the purpose of
1292	1292	2 sentencing for any subsequent felony. Upon conviction for any
1293	1293	3 subsequent offense, the Department of Corrections shall have
1294	1294	4 access to all sealed records of the Illinois State Police
1295	1295	5 pertaining to that individual. Upon entry of the order of
1296	1296	6 sealing, the circuit court clerk shall promptly mail a copy of
1297	1297	7 the order to the person who was granted the certificate of
1298	1298	8 eligibility for sealing.
1299	1299	9 (e-6) Whenever a person who has been convicted of an
1300	1300	10 offense is granted a certificate of eligibility for
1301	1301	11 expungement by the Prisoner Review Board which specifically
1302	1302	12 authorizes expungement, he or she may, upon verified petition
1303	1303	13 to the Chief Judge of the circuit where the person had been
1304	1304	14 convicted, any judge of the circuit designated by the Chief
1305	1305	15 Judge, or in counties of less than 3,000,000 inhabitants, the
1306	1306	16 presiding trial judge at the petitioner's trial, have a court
1307	1307	17 order entered expunging the record of arrest from the official
1308	1308	18 records of the arresting authority and order that the records
1309	1309	19 of the circuit court clerk and the Illinois State Police be
1310	1310	20 sealed until further order of the court upon good cause shown
1311	1311	21 or as otherwise provided herein, and the name of the
1312	1312	22 petitioner obliterated from the official index requested to be
1313	1313	23 kept by the circuit court clerk under Section 16 of the Clerks
1314	1314	24 of Courts Act in connection with the arrest and conviction for
1315	1315	25 the offense for which he or she had been granted the
1316	1316	26 certificate but the order shall not affect any index issued by
1317	1317
1318	1318
1319	1319
1320	1320
1321	1321
1322	1322	HB1462 - 36 - LRB103 05838 RLC 51448 b
1323	1323
1324	1324
1325	1325	HB1462- 37 -LRB103 05838 RLC 51448 b HB1462 - 37 - LRB103 05838 RLC 51448 b
1326	1326	HB1462 - 37 - LRB103 05838 RLC 51448 b
1327	1327	1 the circuit court clerk before the entry of the order. All
1328	1328	2 records sealed by the Illinois State Police may be
1329	1329	3 disseminated by the Illinois State Police only as required by
1330	1330	4 this Act or to the arresting authority, a law enforcement
1331	1331	5 agency, the State's Attorney, and the court upon a later
1332	1332	6 arrest for the same or similar offense or for the purpose of
1333	1333	7 sentencing for any subsequent felony. Upon conviction for any
1334	1334	8 subsequent offense, the Department of Corrections shall have
1335	1335	9 access to all expunged records of the Illinois State Police
1336	1336	10 pertaining to that individual. Upon entry of the order of
1337	1337	11 expungement, the circuit court clerk shall promptly mail a
1338	1338	12 copy of the order to the person who was granted the certificate
1339	1339	13 of eligibility for expungement.
1340	1340	14 (f) Subject to available funding, the Illinois Department
1341	1341	15 of Corrections shall conduct a study of the impact of sealing,
1342	1342	16 especially on employment and recidivism rates, utilizing a
1343	1343	17 random sample of those who apply for the sealing of their
1344	1344	18 criminal records under Public Act 93-211. At the request of
1345	1345	19 the Illinois Department of Corrections, records of the
1346	1346	20 Illinois Department of Employment Security shall be utilized
1347	1347	21 as appropriate to assist in the study. The study shall not
1348	1348	22 disclose any data in a manner that would allow the
1349	1349	23 identification of any particular individual or employing unit.
1350	1350	24 The study shall be made available to the General Assembly no
1351	1351	25 later than September 1, 2010.
1352	1352	26 (g) Immediate Sealing.
1353	1353
1354	1354
1355	1355
1356	1356
1357	1357
1358	1358	HB1462 - 37 - LRB103 05838 RLC 51448 b
1359	1359
1360	1360
1361	1361	HB1462- 38 -LRB103 05838 RLC 51448 b HB1462 - 38 - LRB103 05838 RLC 51448 b
1362	1362	HB1462 - 38 - LRB103 05838 RLC 51448 b
1363	1363	1 (1) Applicability. Notwithstanding any other provision
1364	1364	2 of this Act to the contrary, and cumulative with any
1365	1365	3 rights to expungement or sealing of criminal records, this
1366	1366	4 subsection authorizes the immediate sealing of criminal
1367	1367	5 records of adults and of minors prosecuted as adults.
1368	1368	6 (2) Eligible Records. Arrests or charges not initiated
1369	1369	7 by arrest resulting in acquittal or dismissal with
1370	1370	8 prejudice, except as excluded by subsection (a)(3)(B),
1371	1371	9 that occur on or after January 1, 2018 (the effective date
1372	1372	10 of Public Act 100-282), may be sealed immediately if the
1373	1373	11 petition is filed with the circuit court clerk on the same
1374	1374	12 day and during the same hearing in which the case is
1375	1375	13 disposed.
1376	1376	14 (3) When Records are Eligible to be Immediately
1377	1377	15 Sealed. Eligible records under paragraph (2) of this
1378	1378	16 subsection (g) may be sealed immediately after entry of
1379	1379	17 the final disposition of a case, notwithstanding the
1380	1380	18 disposition of other charges in the same case.
1381	1381	19 (4) Notice of Eligibility for Immediate Sealing. Upon
1382	1382	20 entry of a disposition for an eligible record under this
1383	1383	21 subsection (g), the defendant shall be informed by the
1384	1384	22 court of his or her right to have eligible records
1385	1385	23 immediately sealed and the procedure for the immediate
1386	1386	24 sealing of these records.
1387	1387	25 (5) Procedure. The following procedures apply to
1388	1388	26 immediate sealing under this subsection (g).
1389	1389
1390	1390
1391	1391
1392	1392
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1395	1395
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1398	1398	HB1462 - 39 - LRB103 05838 RLC 51448 b
1399	1399	1 (A) Filing the Petition. Upon entry of the final
1400	1400	2 disposition of the case, the defendant's attorney may
1401	1401	3 immediately petition the court, on behalf of the
1402	1402	4 defendant, for immediate sealing of eligible records
1403	1403	5 under paragraph (2) of this subsection (g) that are
1404	1404	6 entered on or after January 1, 2018 (the effective
1405	1405	7 date of Public Act 100-282). The immediate sealing
1406	1406	8 petition may be filed with the circuit court clerk
1407	1407	9 during the hearing in which the final disposition of
1408	1408	10 the case is entered. If the defendant's attorney does
1409	1409	11 not file the petition for immediate sealing during the
1410	1410	12 hearing, the defendant may file a petition for sealing
1411	1411	13 at any time as authorized under subsection (c)(3)(A).
1412	1412	14 (B) Contents of Petition. The immediate sealing
1413	1413	15 petition shall be verified and shall contain the
1414	1414	16 petitioner's name, date of birth, current address, and
1415	1415	17 for each eligible record, the case number, the date of
1416	1416	18 arrest if applicable, the identity of the arresting
1417	1417	19 authority if applicable, and other information as the
1418	1418	20 court may require.
1419	1419	21 (C) Drug Test. The petitioner shall not be
1420	1420	22 required to attach proof that he or she has passed a
1421	1421	23 drug test.
1422	1422	24 (D) Service of Petition. A copy of the petition
1423	1423	25 shall be served on the State's Attorney in open court.
1424	1424	26 The petitioner shall not be required to serve a copy of
1425	1425
1426	1426
1427	1427
1428	1428
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1431	1431
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1434	1434	HB1462 - 40 - LRB103 05838 RLC 51448 b
1435	1435	1 the petition on any other agency.
1436	1436	2 (E) Entry of Order. The presiding trial judge
1437	1437	3 shall enter an order granting or denying the petition
1438	1438	4 for immediate sealing during the hearing in which it
1439	1439	5 is filed. Petitions for immediate sealing shall be
1440	1440	6 ruled on in the same hearing in which the final
1441	1441	7 disposition of the case is entered.
1442	1442	8 (F) Hearings. The court shall hear the petition
1443	1443	9 for immediate sealing on the same day and during the
1444	1444	10 same hearing in which the disposition is rendered.
1445	1445	11 (G) Service of Order. An order to immediately seal
1446	1446	12 eligible records shall be served in conformance with
1447	1447	13 subsection (d)(8).
1448	1448	14 (H) Implementation of Order. An order to
1449	1449	15 immediately seal records shall be implemented in
1450	1450	16 conformance with subsections (d)(9)(C) and (d)(9)(D).
1451	1451	17 (I) Fees. The fee imposed by the circuit court
1452	1452	18 clerk and the Illinois State Police shall comply with
1453	1453	19 paragraph (1) of subsection (d) of this Section.
1454	1454	20 (J) Final Order. No court order issued under this
1455	1455	21 subsection (g) shall become final for purposes of
1456	1456	22 appeal until 30 days after service of the order on the
1457	1457	23 petitioner and all parties entitled to service of the
1458	1458	24 order in conformance with subsection (d)(8).
1459	1459	25 (K) Motion to Vacate, Modify, or Reconsider. Under
1460	1460	26 Section 2-1203 of the Code of Civil Procedure, the
1461	1461
1462	1462
1463	1463
1464	1464
1465	1465
1466	1466	HB1462 - 40 - LRB103 05838 RLC 51448 b
1467	1467
1468	1468
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1470	1470	HB1462 - 41 - LRB103 05838 RLC 51448 b
1471	1471	1 petitioner, State's Attorney, or the Illinois State
1472	1472	2 Police may file a motion to vacate, modify, or
1473	1473	3 reconsider the order denying the petition to
1474	1474	4 immediately seal within 60 days of service of the
1475	1475	5 order. If filed more than 60 days after service of the
1476	1476	6 order, a petition to vacate, modify, or reconsider
1477	1477	7 shall comply with subsection (c) of Section 2-1401 of
1478	1478	8 the Code of Civil Procedure.
1479	1479	9 (L) Effect of Order. An order granting an
1480	1480	10 immediate sealing petition shall not be considered
1481	1481	11 void because it fails to comply with the provisions of
1482	1482	12 this Section or because of an error asserted in a
1483	1483	13 motion to vacate, modify, or reconsider. The circuit
1484	1484	14 court retains jurisdiction to determine whether the
1485	1485	15 order is voidable, and to vacate, modify, or
1486	1486	16 reconsider its terms based on a motion filed under
1487	1487	17 subparagraph (L) of this subsection (g).
1488	1488	18 (M) Compliance with Order Granting Petition to
1489	1489	19 Seal Records. Unless a court has entered a stay of an
1490	1490	20 order granting a petition to immediately seal, all
1491	1491	21 parties entitled to service of the order must fully
1492	1492	22 comply with the terms of the order within 60 days of
1493	1493	23 service of the order.
1494	1494	24 (h) Sealing; trafficking victims.
1495	1495	25 (1) A trafficking victim as defined by paragraph (10)
1496	1496	26 of subsection (a) of Section 10-9 of the Criminal Code of
1497	1497
1498	1498
1499	1499
1500	1500
1501	1501
1502	1502	HB1462 - 41 - LRB103 05838 RLC 51448 b
1503	1503
1504	1504
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1506	1506	HB1462 - 42 - LRB103 05838 RLC 51448 b
1507	1507	1 2012 shall be eligible to petition for immediate sealing
1508	1508	2 of his or her criminal record upon the completion of his or
1509	1509	3 her last sentence if his or her participation in the
1510	1510	4 underlying offense was a direct result of human
1511	1511	5 trafficking under Section 10-9 of the Criminal Code of
1512	1512	6 2012 or a severe form of trafficking under the federal
1513	1513	7 Trafficking Victims Protection Act.
1514	1514	8 (2) A petitioner under this subsection (h), in
1515	1515	9 addition to the requirements provided under paragraph (4)
1516	1516	10 of subsection (d) of this Section, shall include in his or
1517	1517	11 her petition a clear and concise statement that: (A) he or
1518	1518	12 she was a victim of human trafficking at the time of the
1519	1519	13 offense; and (B) that his or her participation in the
1520	1520	14 offense was a direct result of human trafficking under
1521	1521	15 Section 10-9 of the Criminal Code of 2012 or a severe form
1522	1522	16 of trafficking under the federal Trafficking Victims
1523	1523	17 Protection Act.
1524	1524	18 (3) If an objection is filed alleging that the
1525	1525	19 petitioner is not entitled to immediate sealing under this
1526	1526	20 subsection (h), the court shall conduct a hearing under
1527	1527	21 paragraph (7) of subsection (d) of this Section and the
1528	1528	22 court shall determine whether the petitioner is entitled
1529	1529	23 to immediate sealing under this subsection (h). A
1530	1530	24 petitioner is eligible for immediate relief under this
1531	1531	25 subsection (h) if he or she shows, by a preponderance of
1532	1532	26 the evidence, that: (A) he or she was a victim of human
1533	1533
1534	1534
1535	1535
1536	1536
1537	1537
1538	1538	HB1462 - 42 - LRB103 05838 RLC 51448 b
1539	1539
1540	1540
1541	1541	HB1462- 43 -LRB103 05838 RLC 51448 b HB1462 - 43 - LRB103 05838 RLC 51448 b
1542	1542	HB1462 - 43 - LRB103 05838 RLC 51448 b
1543	1543	1 trafficking at the time of the offense; and (B) that his or
1544	1544	2 her participation in the offense was a direct result of
1545	1545	3 human trafficking under Section 10-9 of the Criminal Code
1546	1546	4 of 2012 or a severe form of trafficking under the federal
1547	1547	5 Trafficking Victims Protection Act.
1548	1548	6 (i) Minor Cannabis Offenses under the Cannabis Control
1549	1549	7 Act.
1550	1550	8 (1) Expungement of Arrest Records of Minor Cannabis
1551	1551	9 Offenses.
1552	1552	10 (A) The Illinois State Police and all law
1553	1553	11 enforcement agencies within the State shall
1554	1554	12 automatically expunge all criminal history records of
1555	1555	13 an arrest, charge not initiated by arrest, order of
1556	1556	14 supervision, or order of qualified probation for a
1557	1557	15 Minor Cannabis Offense committed prior to June 25,
1558	1558	16 2019 (the effective date of Public Act 101-27) if:
1559	1559	17 (i) One year or more has elapsed since the
1560	1560	18 date of the arrest or law enforcement interaction
1561	1561	19 documented in the records; and
1562	1562	20 (ii) No criminal charges were filed relating
1563	1563	21 to the arrest or law enforcement interaction or
1564	1564	22 criminal charges were filed and subsequently
1565	1565	23 dismissed or vacated or the arrestee was
1566	1566	24 acquitted.
1567	1567	25 (B) If the law enforcement agency is unable to
1568	1568	26 verify satisfaction of condition (ii) in paragraph
1569	1569
1570	1570
1571	1571
1572	1572
1573	1573
1574	1574	HB1462 - 43 - LRB103 05838 RLC 51448 b
1575	1575
1576	1576
1577	1577	HB1462- 44 -LRB103 05838 RLC 51448 b HB1462 - 44 - LRB103 05838 RLC 51448 b
1578	1578	HB1462 - 44 - LRB103 05838 RLC 51448 b
1579	1579	1 (A), records that satisfy condition (i) in paragraph
1580	1580	2 (A) shall be automatically expunged.
1581	1581	3 (C) Records shall be expunged by the law
1582	1582	4 enforcement agency under the following timelines:
1583	1583	5 (i) Records created prior to June 25, 2019
1584	1584	6 (the effective date of Public Act 101-27), but on
1585	1585	7 or after January 1, 2013, shall be automatically
1586	1586	8 expunged prior to January 1, 2021;
1587	1587	9 (ii) Records created prior to January 1, 2013,
1588	1588	10 but on or after January 1, 2000, shall be
1589	1589	11 automatically expunged prior to January 1, 2023;
1590	1590	12 (iii) Records created prior to January 1, 2000
1591	1591	13 shall be automatically expunged prior to January
1592	1592	14 1, 2025.
1593	1593	15 In response to an inquiry for expunged records,
1594	1594	16 the law enforcement agency receiving such inquiry
1595	1595	17 shall reply as it does in response to inquiries when no
1596	1596	18 records ever existed; however, it shall provide a
1597	1597	19 certificate of disposition or confirmation that the
1598	1598	20 record was expunged to the individual whose record was
1599	1599	21 expunged if such a record exists.
1600	1600	22 (D) Nothing in this Section shall be construed to
1601	1601	23 restrict or modify an individual's right to have that
1602	1602	24 individual's records expunged except as otherwise may
1603	1603	25 be provided in this Act, or diminish or abrogate any
1604	1604	26 rights or remedies otherwise available to the
1605	1605
1606	1606
1607	1607
1608	1608
1609	1609
1610	1610	HB1462 - 44 - LRB103 05838 RLC 51448 b
1611	1611
1612	1612
1613	1613	HB1462- 45 -LRB103 05838 RLC 51448 b HB1462 - 45 - LRB103 05838 RLC 51448 b
1614	1614	HB1462 - 45 - LRB103 05838 RLC 51448 b
1615	1615	1 individual.
1616	1616	2 (2) Pardons Authorizing Expungement of Minor Cannabis
1617	1617	3 Offenses.
1618	1618	4 (A) Upon June 25, 2019 (the effective date of
1619	1619	5 Public Act 101-27), the Department of State Police
1620	1620	6 shall review all criminal history record information
1621	1621	7 and identify all records that meet all of the
1622	1622	8 following criteria:
1623	1623	9 (i) one or more convictions for a Minor
1624	1624	10 Cannabis Offense;
1625	1625	11 (ii) the conviction identified in paragraph
1626	1626	12 (2)(A)(i) did not include a penalty enhancement
1627	1627	13 under Section 7 of the Cannabis Control Act; and
1628	1628	14 (iii) the conviction identified in paragraph
1629	1629	15 (2)(A)(i) is not associated with a conviction for
1630	1630	16 a violent crime as defined in subsection (c) of
1631	1631	17 Section 3 of the Rights of Crime Victims and
1632	1632	18 Witnesses Act.
1633	1633	19 (B) Within 180 days after June 25, 2019 (the
1634	1634	20 effective date of Public Act 101-27), the Department
1635	1635	21 of State Police shall notify the Prisoner Review Board
1636	1636	22 of all such records that meet the criteria established
1637	1637	23 in paragraph (2)(A).
1638	1638	24 (i) The Prisoner Review Board shall notify the
1639	1639	25 State's Attorney of the county of conviction of
1640	1640	26 each record identified by State Police in
1641	1641
1642	1642
1643	1643
1644	1644
1645	1645
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1647	1647
1648	1648
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1650	1650	HB1462 - 46 - LRB103 05838 RLC 51448 b
1651	1651	1 paragraph (2)(A) that is classified as a Class 4
1652	1652	2 felony. The State's Attorney may provide a written
1653	1653	3 objection to the Prisoner Review Board on the sole
1654	1654	4 basis that the record identified does not meet the
1655	1655	5 criteria established in paragraph (2)(A). Such an
1656	1656	6 objection must be filed within 60 days or by such
1657	1657	7 later date set by the Prisoner Review Board in the
1658	1658	8 notice after the State's Attorney received notice
1659	1659	9 from the Prisoner Review Board.
1660	1660	10 (ii) In response to a written objection from a
1661	1661	11 State's Attorney, the Prisoner Review Board is
1662	1662	12 authorized to conduct a non-public hearing to
1663	1663	13 evaluate the information provided in the
1664	1664	14 objection.
1665	1665	15 (iii) The Prisoner Review Board shall make a
1666	1666	16 confidential and privileged recommendation to the
1667	1667	17 Governor as to whether to grant a pardon
1668	1668	18 authorizing expungement for each of the records
1669	1669	19 identified by the Department of State Police as
1670	1670	20 described in paragraph (2)(A).
1671	1671	21 (C) If an individual has been granted a pardon
1672	1672	22 authorizing expungement as described in this Section,
1673	1673	23 the Prisoner Review Board, through the Attorney
1674	1674	24 General, shall file a petition for expungement with
1675	1675	25 the Chief Judge of the circuit or any judge of the
1676	1676	26 circuit designated by the Chief Judge where the
1677	1677
1678	1678
1679	1679
1680	1680
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1683	1683
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1687	1687	1 individual had been convicted. Such petition may
1688	1688	2 include more than one individual. Whenever an
1689	1689	3 individual who has been convicted of an offense is
1690	1690	4 granted a pardon by the Governor that specifically
1691	1691	5 authorizes expungement, an objection to the petition
1692	1692	6 may not be filed. Petitions to expunge under this
1693	1693	7 subsection (i) may include more than one individual.
1694	1694	8 Within 90 days of the filing of such a petition, the
1695	1695	9 court shall enter an order expunging the records of
1696	1696	10 arrest from the official records of the arresting
1697	1697	11 authority and order that the records of the circuit
1698	1698	12 court clerk and the Illinois State Police be expunged
1699	1699	13 and the name of the defendant obliterated from the
1700	1700	14 official index requested to be kept by the circuit
1701	1701	15 court clerk under Section 16 of the Clerks of Courts
1702	1702	16 Act in connection with the arrest and conviction for
1703	1703	17 the offense for which the individual had received a
1704	1704	18 pardon but the order shall not affect any index issued
1705	1705	19 by the circuit court clerk before the entry of the
1706	1706	20 order. Upon entry of the order of expungement, the
1707	1707	21 circuit court clerk shall promptly provide a copy of
1708	1708	22 the order and a certificate of disposition to the
1709	1709	23 individual who was pardoned to the individual's last
1710	1710	24 known address or by electronic means (if available) or
1711	1711	25 otherwise make it available to the individual upon
1712	1712	26 request.
1713	1713
1714	1714
1715	1715
1716	1716
1717	1717
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1719	1719
1720	1720
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1723	1723	1 (D) Nothing in this Section is intended to
1724	1724	2 diminish or abrogate any rights or remedies otherwise
1725	1725	3 available to the individual.
1726	1726	4 (3) Any individual may file a motion to vacate and
1727	1727	5 expunge a conviction for a misdemeanor or Class 4 felony
1728	1728	6 violation of Section 4 or Section 5 of the Cannabis
1729	1729	7 Control Act. Motions to vacate and expunge under this
1730	1730	8 subsection (i) may be filed with the circuit court, Chief
1731	1731	9 Judge of a judicial circuit or any judge of the circuit
1732	1732	10 designated by the Chief Judge. The circuit court clerk
1733	1733	11 shall promptly serve a copy of the motion to vacate and
1734	1734	12 expunge, and any supporting documentation, on the State's
1735	1735	13 Attorney or prosecutor charged with the duty of
1736	1736	14 prosecuting the offense. When considering such a motion to
1737	1737	15 vacate and expunge, a court shall consider the following:
1738	1738	16 the reasons to retain the records provided by law
1739	1739	17 enforcement, the petitioner's age, the petitioner's age at
1740	1740	18 the time of offense, the time since the conviction, and
1741	1741	19 the specific adverse consequences if denied. An individual
1742	1742	20 may file such a petition after the completion of any
1743	1743	21 non-financial sentence or non-financial condition imposed
1744	1744	22 by the conviction. Within 60 days of the filing of such
1745	1745	23 motion, a State's Attorney may file an objection to such a
1746	1746	24 petition along with supporting evidence. If a motion to
1747	1747	25 vacate and expunge is granted, the records shall be
1748	1748	26 expunged in accordance with subparagraphs (d)(8) and
1749	1749
1750	1750
1751	1751
1752	1752
1753	1753
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1755	1755
1756	1756
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1758	1758	HB1462 - 49 - LRB103 05838 RLC 51448 b
1759	1759	1 (d)(9)(A) of this Section. An agency providing civil legal
1760	1760	2 aid, as defined by Section 15 of the Public Interest
1761	1761	3 Attorney Assistance Act, assisting individuals seeking to
1762	1762	4 file a motion to vacate and expunge under this subsection
1763	1763	5 may file motions to vacate and expunge with the Chief
1764	1764	6 Judge of a judicial circuit or any judge of the circuit
1765	1765	7 designated by the Chief Judge, and the motion may include
1766	1766	8 more than one individual. Motions filed by an agency
1767	1767	9 providing civil legal aid concerning more than one
1768	1768	10 individual may be prepared, presented, and signed
1769	1769	11 electronically.
1770	1770	12 (4) Any State's Attorney may file a motion to vacate
1771	1771	13 and expunge a conviction for a misdemeanor or Class 4
1772	1772	14 felony violation of Section 4 or Section 5 of the Cannabis
1773	1773	15 Control Act. Motions to vacate and expunge under this
1774	1774	16 subsection (i) may be filed with the circuit court, Chief
1775	1775	17 Judge of a judicial circuit or any judge of the circuit
1776	1776	18 designated by the Chief Judge, and may include more than
1777	1777	19 one individual. Motions filed by a State's Attorney
1778	1778	20 concerning more than one individual may be prepared,
1779	1779	21 presented, and signed electronically. When considering
1780	1780	22 such a motion to vacate and expunge, a court shall
1781	1781	23 consider the following: the reasons to retain the records
1782	1782	24 provided by law enforcement, the individual's age, the
1783	1783	25 individual's age at the time of offense, the time since
1784	1784	26 the conviction, and the specific adverse consequences if
1785	1785
1786	1786
1787	1787
1788	1788
1789	1789
1790	1790	HB1462 - 49 - LRB103 05838 RLC 51448 b
1791	1791
1792	1792
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1794	1794	HB1462 - 50 - LRB103 05838 RLC 51448 b
1795	1795	1 denied. Upon entry of an order granting a motion to vacate
1796	1796	2 and expunge records pursuant to this Section, the State's
1797	1797	3 Attorney shall notify the Prisoner Review Board within 30
1798	1798	4 days. Upon entry of the order of expungement, the circuit
1799	1799	5 court clerk shall promptly provide a copy of the order and
1800	1800	6 a certificate of disposition to the individual whose
1801	1801	7 records will be expunged to the individual's last known
1802	1802	8 address or by electronic means (if available) or otherwise
1803	1803	9 make available to the individual upon request. If a motion
1804	1804	10 to vacate and expunge is granted, the records shall be
1805	1805	11 expunged in accordance with subparagraphs (d)(8) and
1806	1806	12 (d)(9)(A) of this Section.
1807	1807	13 (5) In the public interest, the State's Attorney of a
1808	1808	14 county has standing to file motions to vacate and expunge
1809	1809	15 pursuant to this Section in the circuit court with
1810	1810	16 jurisdiction over the underlying conviction.
1811	1811	17 (6) If a person is arrested for a Minor Cannabis
1812	1812	18 Offense as defined in this Section before June 25, 2019
1813	1813	19 (the effective date of Public Act 101-27) and the person's
1814	1814	20 case is still pending but a sentence has not been imposed,
1815	1815	21 the person may petition the court in which the charges are
1816	1816	22 pending for an order to summarily dismiss those charges
1817	1817	23 against him or her, and expunge all official records of
1818	1818	24 his or her arrest, plea, trial, conviction, incarceration,
1819	1819	25 supervision, or expungement. If the court determines, upon
1820	1820	26 review, that: (A) the person was arrested before June 25,
1821	1821
1822	1822
1823	1823
1824	1824
1825	1825
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1827	1827
1828	1828
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1830	1830	HB1462 - 51 - LRB103 05838 RLC 51448 b
1831	1831	1 2019 (the effective date of Public Act 101-27) for an
1832	1832	2 offense that has been made eligible for expungement; (B)
1833	1833	3 the case is pending at the time; and (C) the person has not
1834	1834	4 been sentenced of the minor cannabis violation eligible
1835	1835	5 for expungement under this subsection, the court shall
1836	1836	6 consider the following: the reasons to retain the records
1837	1837	7 provided by law enforcement, the petitioner's age, the
1838	1838	8 petitioner's age at the time of offense, the time since
1839	1839	9 the conviction, and the specific adverse consequences if
1840	1840	10 denied. If a motion to dismiss and expunge is granted, the
1841	1841	11 records shall be expunged in accordance with subparagraph
1842	1842	12 (d)(9)(A) of this Section.
1843	1843	13 (7) A person imprisoned solely as a result of one or
1844	1844	14 more convictions for Minor Cannabis Offenses under this
1845	1845	15 subsection (i) shall be released from incarceration upon
1846	1846	16 the issuance of an order under this subsection.
1847	1847	17 (8) The Illinois State Police shall allow a person to
1848	1848	18 use the access and review process, established in the
1849	1849	19 Illinois State Police, for verifying that his or her
1850	1850	20 records relating to Minor Cannabis Offenses of the
1851	1851	21 Cannabis Control Act eligible under this Section have been
1852	1852	22 expunged.
1853	1853	23 (9) No conviction vacated pursuant to this Section
1854	1854	24 shall serve as the basis for damages for time unjustly
1855	1855	25 served as provided in the Court of Claims Act.
1856	1856	26 (10) Effect of Expungement. A person's right to
1857	1857
1858	1858
1859	1859
1860	1860
1861	1861
1862	1862	HB1462 - 51 - LRB103 05838 RLC 51448 b
1863	1863
1864	1864
1865	1865	HB1462- 52 -LRB103 05838 RLC 51448 b HB1462 - 52 - LRB103 05838 RLC 51448 b
1866	1866	HB1462 - 52 - LRB103 05838 RLC 51448 b
1867	1867	1 expunge an expungeable offense shall not be limited under
1868	1868	2 this Section. The effect of an order of expungement shall
1869	1869	3 be to restore the person to the status he or she occupied
1870	1870	4 before the arrest, charge, or conviction.
1871	1871	5 (11) Information. The Illinois State Police shall post
1872	1872	6 general information on its website about the expungement
1873	1873	7 process described in this subsection (i).
1874	1874	8 (j) Felony Prostitution Convictions.
1875	1875	9 (1) Any individual may file a motion to vacate and
1876	1876	10 expunge a conviction for a prior Class 4 felony violation
1877	1877	11 of prostitution. Motions to vacate and expunge under this
1878	1878	12 subsection (j) may be filed with the circuit court, Chief
1879	1879	13 Judge of a judicial circuit, or any judge of the circuit
1880	1880	14 designated by the Chief Judge. When considering the motion
1881	1881	15 to vacate and expunge, a court shall consider the
1882	1882	16 following:
1883	1883	17 (A) the reasons to retain the records provided by
1884	1884	18 law enforcement;
1885	1885	19 (B) the petitioner's age;
1886	1886	20 (C) the petitioner's age at the time of offense;
1887	1887	21 and
1888	1888	22 (D) the time since the conviction, and the
1889	1889	23 specific adverse consequences if denied. An individual
1890	1890	24 may file the petition after the completion of any
1891	1891	25 sentence or condition imposed by the conviction.
1892	1892	26 Within 60 days of the filing of the motion, a State's
1893	1893
1894	1894
1895	1895
1896	1896
1897	1897
1898	1898	HB1462 - 52 - LRB103 05838 RLC 51448 b
1899	1899
1900	1900
1901	1901	HB1462- 53 -LRB103 05838 RLC 51448 b HB1462 - 53 - LRB103 05838 RLC 51448 b
1902	1902	HB1462 - 53 - LRB103 05838 RLC 51448 b
1903	1903	1 Attorney may file an objection to the petition along
1904	1904	2 with supporting evidence. If a motion to vacate and
1905	1905	3 expunge is granted, the records shall be expunged in
1906	1906	4 accordance with subparagraph (d)(9)(A) of this
1907	1907	5 Section. An agency providing civil legal aid, as
1908	1908	6 defined in Section 15 of the Public Interest Attorney
1909	1909	7 Assistance Act, assisting individuals seeking to file
1910	1910	8 a motion to vacate and expunge under this subsection
1911	1911	9 may file motions to vacate and expunge with the Chief
1912	1912	10 Judge of a judicial circuit or any judge of the circuit
1913	1913	11 designated by the Chief Judge, and the motion may
1914	1914	12 include more than one individual.
1915	1915	13 (2) Any State's Attorney may file a motion to vacate
1916	1916	14 and expunge a conviction for a Class 4 felony violation of
1917	1917	15 prostitution. Motions to vacate and expunge under this
1918	1918	16 subsection (j) may be filed with the circuit court, Chief
1919	1919	17 Judge of a judicial circuit, or any judge of the circuit
1920	1920	18 court designated by the Chief Judge, and may include more
1921	1921	19 than one individual. When considering the motion to vacate
1922	1922	20 and expunge, a court shall consider the following reasons:
1923	1923	21 (A) the reasons to retain the records provided by
1924	1924	22 law enforcement;
1925	1925	23 (B) the petitioner's age;
1926	1926	24 (C) the petitioner's age at the time of offense;
1927	1927	25 (D) the time since the conviction; and
1928	1928	26 (E) the specific adverse consequences if denied.
1929	1929
1930	1930
1931	1931
1932	1932
1933	1933
1934	1934	HB1462 - 53 - LRB103 05838 RLC 51448 b
1935	1935
1936	1936
1937	1937	HB1462- 54 -LRB103 05838 RLC 51448 b HB1462 - 54 - LRB103 05838 RLC 51448 b
1938	1938	HB1462 - 54 - LRB103 05838 RLC 51448 b
1939	1939	1 If the State's Attorney files a motion to vacate and
1940	1940	2 expunge records for felony prostitution convictions
1941	1941	3 pursuant to this Section, the State's Attorney shall
1942	1942	4 notify the Prisoner Review Board within 30 days of the
1943	1943	5 filing. If a motion to vacate and expunge is granted, the
1944	1944	6 records shall be expunged in accordance with subparagraph
1945	1945	7 (d)(9)(A) of this Section.
1946	1946	8 (3) In the public interest, the State's Attorney of a
1947	1947	9 county has standing to file motions to vacate and expunge
1948	1948	10 pursuant to this Section in the circuit court with
1949	1949	11 jurisdiction over the underlying conviction.
1950	1950	12 (4) The Illinois State Police shall allow a person to
1951	1951	13 a use the access and review process, established in the
1952	1952	14 Illinois State Police, for verifying that his or her
1953	1953	15 records relating to felony prostitution eligible under
1954	1954	16 this Section have been expunged.
1955	1955	17 (5) No conviction vacated pursuant to this Section
1956	1956	18 shall serve as the basis for damages for time unjustly
1957	1957	19 served as provided in the Court of Claims Act.
1958	1958	20 (6) Effect of Expungement. A person's right to expunge
1959	1959	21 an expungeable offense shall not be limited under this
1960	1960	22 Section. The effect of an order of expungement shall be to
1961	1961	23 restore the person to the status he or she occupied before
1962	1962	24 the arrest, charge, or conviction.
1963	1963	25 (7) Information. The Illinois State Police shall post
1964	1964	26 general information on its website about the expungement
1965	1965
1966	1966
1967	1967
1968	1968
1969	1969
1970	1970	HB1462 - 54 - LRB103 05838 RLC 51448 b
1971	1971
1972	1972
1973	1973	HB1462- 55 -LRB103 05838 RLC 51448 b HB1462 - 55 - LRB103 05838 RLC 51448 b
1974	1974	HB1462 - 55 - LRB103 05838 RLC 51448 b
1975	1975	1 process described in this subsection (j).
1976	1976	2 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
1977	1977	3 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1978	1978	4 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
1979	1979	5 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
1980	1980	6 5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
1981	1981
1982	1982
1983	1983
1984	1984
1985	1985
1986	1986	HB1462 - 55 - LRB103 05838 RLC 51448 b