Illinois House Bill HB1462 Latest Draft

                            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
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
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.
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A BILL FOR
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1  AN ACT concerning State government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. References to Act. This Act may be referred to
5  as the Second Chance Act.
6  Section 5. The Criminal Identification Act is amended by
7  changing Section 5.2 as follows:
8  (20 ILCS 2630/5.2)
9  Sec. 5.2. Expungement, sealing, and immediate sealing.
10  (a) General Provisions.
11  (1) Definitions. In this Act, words and phrases have
12  the meanings set forth in this subsection, except when a
13  particular context clearly requires a different meaning.
14  (A) The following terms shall have the meanings
15  ascribed to them in the following Sections of the
16  Unified Code of Corrections:
17  Business Offense, Section 5-1-2.
18  Charge, Section 5-1-3.
19  Court, Section 5-1-6.
20  Defendant, Section 5-1-7.
21  Felony, Section 5-1-9.
22  Imprisonment, Section 5-1-10.

 

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
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.
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A BILL FOR

 

 

20 ILCS 2630/5.2



    LRB103 05838 RLC 51448 b

 

 



 

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

 

 

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

 

 

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1  probation was imposed in his or her petition. If
2  multiple sentences, orders of supervision, or orders
3  of qualified probation terminate on the same day and
4  are last in time, they shall be collectively
5  considered the "last sentence" regardless of whether
6  they were ordered to run concurrently.
7  (G) "Minor traffic offense" means a petty offense,
8  business offense, or Class C misdemeanor under the
9  Illinois Vehicle Code or a similar provision of a
10  municipal or local ordinance.
11  (G-5) "Minor Cannabis Offense" means a violation
12  of Section 4 or 5 of the Cannabis Control Act
13  concerning not more than 30 grams of any substance
14  containing cannabis, provided the violation did not
15  include a penalty enhancement under Section 7 of the
16  Cannabis Control Act and is not associated with an
17  arrest, conviction or other disposition for a violent
18  crime as defined in subsection (c) of Section 3 of the
19  Rights of Crime Victims and Witnesses Act.
20  (H) "Municipal ordinance violation" means an
21  offense defined by a municipal or local ordinance that
22  is criminal in nature and with which the petitioner
23  was charged or for which the petitioner was arrested
24  and released without charging.
25  (I) "Petitioner" means an adult or a minor
26  prosecuted as an adult who has applied for relief

 

 

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1  under this Section.
2  (J) "Qualified probation" means an order of
3  probation under Section 10 of the Cannabis Control
4  Act, Section 410 of the Illinois Controlled Substances
5  Act, Section 70 of the Methamphetamine Control and
6  Community Protection Act, Section 5-6-3.3 or 5-6-3.4
7  of the Unified Code of Corrections, Section
8  12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
9  those provisions existed before their deletion by
10  Public Act 89-313), Section 10-102 of the Illinois
11  Alcoholism and Other Drug Dependency Act, Section
12  40-10 of the Substance Use Disorder Act, or Section 10
13  of the Steroid Control Act. For the purpose of this
14  Section, "successful completion" of an order of
15  qualified probation under Section 10-102 of the
16  Illinois Alcoholism and Other Drug Dependency Act and
17  Section 40-10 of the Substance Use Disorder Act means
18  that the probation was terminated satisfactorily and
19  the judgment of conviction was vacated.
20  (K) "Seal" means to physically and electronically
21  maintain the records, unless the records would
22  otherwise be destroyed due to age, but to make the
23  records unavailable without a court order, subject to
24  the exceptions in Sections 12 and 13 of this Act. The
25  petitioner's name shall also be obliterated from the
26  official index required to be kept by the circuit

 

 

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1  court clerk under Section 16 of the Clerks of Courts
2  Act, but any index issued by the circuit court clerk
3  before the entry of the order to seal shall not be
4  affected.
5  (L) "Sexual offense committed against a minor"
6  includes, but is not limited to, the offenses of
7  indecent solicitation of a child or criminal sexual
8  abuse when the victim of such offense is under 18 years
9  of age.
10  (M) "Terminate" as it relates to a sentence or
11  order of supervision or qualified probation includes
12  either satisfactory or unsatisfactory termination of
13  the sentence, unless otherwise specified in this
14  Section. A sentence is terminated notwithstanding any
15  outstanding financial legal obligation.
16  (2) Minor Traffic Offenses. Orders of supervision or
17  convictions for minor traffic offenses shall not affect a
18  petitioner's eligibility to expunge or seal records
19  pursuant to this Section.
20  (2.5) Commencing 180 days after July 29, 2016 (the
21  effective date of Public Act 99-697), the law enforcement
22  agency issuing the citation shall automatically expunge,
23  on or before January 1 and July 1 of each year, the law
24  enforcement records of a person found to have committed a
25  civil law violation of subsection (a) of Section 4 of the
26  Cannabis Control Act or subsection (c) of Section 3.5 of

 

 

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1  the Drug Paraphernalia Control Act in the law enforcement
2  agency's possession or control and which contains the
3  final satisfactory disposition which pertain to the person
4  issued a citation for that offense. The law enforcement
5  agency shall provide by rule the process for access,
6  review, and to confirm the automatic expungement by the
7  law enforcement agency issuing the citation. Commencing
8  180 days after July 29, 2016 (the effective date of Public
9  Act 99-697), the clerk of the circuit court shall expunge,
10  upon order of the court, or in the absence of a court order
11  on or before January 1 and July 1 of each year, the court
12  records of a person found in the circuit court to have
13  committed a civil law violation of subsection (a) of
14  Section 4 of the Cannabis Control Act or subsection (c) of
15  Section 3.5 of the Drug Paraphernalia Control Act in the
16  clerk's possession or control and which contains the final
17  satisfactory disposition which pertain to the person
18  issued a citation for any of those offenses.
19  (3) Exclusions. Except as otherwise provided in
20  subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
21  of this Section, the court shall not order:
22  (A) the sealing or expungement of the records of
23  arrests or charges not initiated by arrest that result
24  in an order of supervision for or conviction of: (i)
25  any sexual offense committed against a minor; (ii)
26  (blank) Section 11-501 of the Illinois Vehicle Code or

 

 

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1  a similar provision of a local ordinance; or (iii)
2  Section 11-503 of the Illinois Vehicle Code or a
3  similar provision of a local ordinance, unless the
4  arrest or charge is for a misdemeanor violation of
5  subsection (a) of Section 11-503 or a similar
6  provision of a local ordinance, that occurred prior to
7  the offender reaching the age of 25 years and the
8  offender has no other conviction for violating Section
9  11-501 or 11-503 of the Illinois Vehicle Code or a
10  similar provision of a local ordinance.
11  (B) the sealing or expungement of records of minor
12  traffic offenses (as defined in subsection (a)(1)(G)),
13  unless the petitioner was arrested and released
14  without charging.
15  (C) the sealing of the records of arrests or
16  charges not initiated by arrest which result in an
17  order of supervision or a conviction for the following
18  offenses:
19  (i) offenses included in Article 11 of the
20  Criminal Code of 1961 or the Criminal Code of 2012
21  or a similar provision of a local ordinance,
22  except Section 11-14 and a misdemeanor violation
23  of Section 11-30 of the Criminal Code of 1961 or
24  the Criminal Code of 2012, or a similar provision
25  of a local ordinance;
26  (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

 

 

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1  26-5, or 48-1 of the Criminal Code of 1961 or the
2  Criminal Code of 2012, or a similar provision of a
3  local ordinance;
4  (iii) Section Sections 12-3.1 or 12-3.2 of the
5  Criminal Code of 1961 or the Criminal Code of
6  2012, or Section 125 of the Stalking No Contact
7  Order Act, or Section 219 of the Civil No Contact
8  Order Act, or a similar provision of a local
9  ordinance;
10  (iv) Class A misdemeanors or felony offenses
11  under the Humane Care for Animals Act; or
12  (v) any offense or attempted offense that
13  would subject a person to registration under the
14  Sex Offender Registration Act.
15  (D) (blank).
16  (E) the sealing or expungement of records of
17  arrests or charges not initiated by arrest that result
18  in an order of supervision for or conviction of
19  Section 11-501 of the Illinois Vehicle Code or a
20  similar provision of a local ordinance; except that
21  the court may order the sealing of one misdemeanor
22  record of arrest or charge not initiated by arrest
23  that results in an order of supervision for or
24  conviction of Section 11-501 of the Illinois Vehicle
25  Code or a similar provision of a local ordinance per
26  petitioner if each of the following conditions have

 

 

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1  been met: (i) the petitioner has not previously been
2  convicted of or placed on supervision for a violation
3  of Section 11-501 of the Illinois Vehicle Code or a
4  similar provision of a local ordinance; (ii) 10 or
5  more years have passed since the termination of the
6  petitioner's sentence; (iii) during the commission of
7  the violation, the petitioner did not proximately
8  cause death or personal injury to any other person or
9  damage the property of any other person; (iv) the
10  petitioner has no other misdemeanor or felony driving
11  charge on his or her driving abstract; and (v) the
12  judge examined the driving abstract of the petitioner
13  petitioning to have his or her record sealed under
14  this subparagraph (E) and made a finding entered on
15  the record that the petitioner did not enter into a
16  plea agreement on a lesser charge other than a
17  violation of Section 11-501 of the Illinois Vehicle
18  Code or a similar provision of a local ordinance, and
19  the facts did not support that the petitioner had
20  previously committed a violation of Section 11-501 of
21  the Illinois Vehicle Code or a similar provision of a
22  local ordinance. A felony conviction of Section 11-501
23  of the Illinois Vehicle Code or a similar provision of
24  a local ordinance may not be sealed or expunged under
25  this subparagraph (E). Notwithstanding any provision
26  of this Act to the contrary, the Secretary of State

 

 

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1  shall maintain orders of court supervision and
2  convictions of Section 11-501 of the Illinois Vehicle
3  Code or a similar provision of a local ordinance on
4  court purposes driving abstracts.
5  (b) Expungement.
6  (1) A petitioner may petition the circuit court to
7  expunge the records of his or her arrests and charges not
8  initiated by arrest when each arrest or charge not
9  initiated by arrest sought to be expunged resulted in: (i)
10  acquittal, dismissal, or the petitioner's release without
11  charging, unless excluded by subsection (a)(3)(B); (ii) a
12  conviction which was vacated or reversed, unless excluded
13  by subsection (a)(3)(B); (iii) an order of supervision and
14  such supervision was successfully completed by the
15  petitioner, unless excluded by subsection (a)(3)(A) or
16  (a)(3)(B); or (iv) an order of qualified probation (as
17  defined in subsection (a)(1)(J)) and such probation was
18  successfully completed by the petitioner.
19  (1.5) When a petitioner seeks to have a record of
20  arrest expunged under this Section, and the offender has
21  been convicted of a criminal offense, the State's Attorney
22  may object to the expungement on the grounds that the
23  records contain specific relevant information aside from
24  the mere fact of the arrest.
25  (2) Time frame for filing a petition to expunge.
26  (A) When the arrest or charge not initiated by

 

 

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1  arrest sought to be expunged resulted in an acquittal,
2  dismissal, the petitioner's release without charging,
3  or the reversal or vacation of a conviction, there is
4  no waiting period to petition for the expungement of
5  such records.
6  (B) When the arrest or charge not initiated by
7  arrest sought to be expunged resulted in an order of
8  supervision, successfully completed by the petitioner,
9  the following time frames will apply:
10  (i) Those arrests or charges that resulted in
11  orders of supervision under Section 3-707, 3-708,
12  3-710, or 5-401.3 of the Illinois Vehicle Code or
13  a similar provision of a local ordinance, or under
14  Section 11-1.50, 12-3.2, or 12-15 of the Criminal
15  Code of 1961 or the Criminal Code of 2012, or a
16  similar provision of a local ordinance, shall not
17  be eligible for expungement until 5 years have
18  passed following the satisfactory termination of
19  the supervision.
20  (i-5) Those arrests or charges that resulted
21  in orders of supervision for a misdemeanor
22  violation of subsection (a) of Section 11-503 of
23  the Illinois Vehicle Code or a similar provision
24  of a local ordinance, that occurred prior to the
25  offender reaching the age of 25 years and the
26  offender has no other conviction for violating

 

 

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1  Section 11-501 or 11-503 of the Illinois Vehicle
2  Code or a similar provision of a local ordinance
3  shall not be eligible for expungement until the
4  petitioner has reached the age of 25 years.
5  (ii) Those arrests or charges that resulted in
6  orders of supervision for any other offenses shall
7  not be eligible for expungement until 2 years have
8  passed following the satisfactory termination of
9  the supervision.
10  (C) When the arrest or charge not initiated by
11  arrest sought to be expunged resulted in an order of
12  qualified probation, successfully completed by the
13  petitioner, such records shall not be eligible for
14  expungement until 5 years have passed following the
15  satisfactory termination of the probation.
16  (3) Those records maintained by the Illinois State
17  Police for persons arrested prior to their 17th birthday
18  shall be expunged as provided in Section 5-915 of the
19  Juvenile Court Act of 1987.
20  (4) Whenever a person has been arrested for or
21  convicted of any offense, in the name of a person whose
22  identity he or she has stolen or otherwise come into
23  possession of, the aggrieved person from whom the identity
24  was stolen or otherwise obtained without authorization,
25  upon learning of the person having been arrested using his
26  or her identity, may, upon verified petition to the chief

 

 

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1  judge of the circuit wherein the arrest was made, have a
2  court order entered nunc pro tunc by the Chief Judge to
3  correct the arrest record, conviction record, if any, and
4  all official records of the arresting authority, the
5  Illinois State Police, other criminal justice agencies,
6  the prosecutor, and the trial court concerning such
7  arrest, if any, by removing his or her name from all such
8  records in connection with the arrest and conviction, if
9  any, and by inserting in the records the name of the
10  offender, if known or ascertainable, in lieu of the
11  aggrieved's name. The records of the circuit court clerk
12  shall be sealed until further order of the court upon good
13  cause shown and the name of the aggrieved person
14  obliterated on the official index required to be kept by
15  the circuit court clerk under Section 16 of the Clerks of
16  Courts Act, but the order shall not affect any index
17  issued by the circuit court clerk before the entry of the
18  order. Nothing in this Section shall limit the Illinois
19  State Police or other criminal justice agencies or
20  prosecutors from listing under an offender's name the
21  false names he or she has used.
22  (5) Whenever a person has been convicted of criminal
23  sexual assault, aggravated criminal sexual assault,
24  predatory criminal sexual assault of a child, criminal
25  sexual abuse, or aggravated criminal sexual abuse, the
26  victim of that offense may request that the State's

 

 

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

 

 

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1  Methamphetamine Control and Community Protection Act,
2  Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
3  Corrections, Section 12-4.3 or subdivision (b)(1) of
4  Section 12-3.05 of the Criminal Code of 1961 or the
5  Criminal Code of 2012, Section 10-102 of the Illinois
6  Alcoholism and Other Drug Dependency Act, Section 40-10 of
7  the Substance Use Disorder Act, or Section 10 of the
8  Steroid Control Act.
9  (8) If the petitioner has been granted a certificate
10  of innocence under Section 2-702 of the Code of Civil
11  Procedure, the court that grants the certificate of
12  innocence shall also enter an order expunging the
13  conviction for which the petitioner has been determined to
14  be innocent as provided in subsection (h) of Section 2-702
15  of the Code of Civil Procedure.
16  (c) Sealing.
17  (1) Applicability. Notwithstanding any other provision
18  of this Act to the contrary, and cumulative with any
19  rights to expungement of criminal records, this subsection
20  authorizes the sealing of criminal records of adults and
21  of minors prosecuted as adults. Subsection (g) of this
22  Section provides for immediate sealing of certain records.
23  (2) Eligible Records. The following records may be
24  sealed:
25  (A) All arrests resulting in release without
26  charging;

 

 

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1  (B) Arrests or charges not initiated by arrest
2  resulting in acquittal, dismissal, or conviction when
3  the conviction was reversed or vacated, except as
4  excluded by subsection (a)(3)(B);
5  (C) Arrests or charges not initiated by arrest
6  resulting in orders of supervision, including orders
7  of supervision for municipal ordinance violations,
8  successfully completed by the petitioner, unless
9  excluded by subsection (a)(3);
10  (D) Arrests or charges not initiated by arrest
11  resulting in convictions, including convictions on
12  municipal ordinance violations, unless excluded by
13  subsection (a)(3);
14  (E) Arrests or charges not initiated by arrest
15  resulting in orders of first offender probation under
16  Section 10 of the Cannabis Control Act, Section 410 of
17  the Illinois Controlled Substances Act, Section 70 of
18  the Methamphetamine Control and Community Protection
19  Act, or Section 5-6-3.3 of the Unified Code of
20  Corrections; and
21  (F) Arrests or charges not initiated by arrest
22  resulting in felony convictions unless otherwise
23  excluded by subsection (a) paragraph (3) of this
24  Section.
25  (3) When Records Are Eligible to Be Sealed. Records
26  identified as eligible under subsection (c)(2) may be

 

 

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1  sealed as follows:
2  (A) Records identified as eligible under
3  subsections subsection (c)(2)(A) and (c)(2)(B) may be
4  sealed at any time.
5  (B) Except as otherwise provided in subparagraph
6  (E) of this paragraph (3), records identified as
7  eligible under subsection (c)(2)(C) may be sealed 2
8  years after the termination of petitioner's last
9  sentence (as defined in subsection (a)(1)(F)).
10  (C) Except as otherwise provided in subparagraph
11  (E) of this paragraph (3), records identified as
12  eligible under subsections (c)(2)(D), (c)(2)(E), and
13  (c)(2)(F) may be sealed 3 years after the termination
14  of the petitioner's last sentence (as defined in
15  subsection (a)(1)(F)). Convictions requiring public
16  registration under the Arsonist Registration Act, the
17  Sex Offender Registration Act, or the Murderer and
18  Violent Offender Against Youth Registration Act may
19  not be sealed until the petitioner is no longer
20  required to register under that relevant Act.
21  (D) Records identified in subsection
22  (a)(3)(A)(iii) may be sealed after the petitioner has
23  reached the age of 25 years.
24  (E) Records identified as eligible under
25  subsection subsections (c)(2)(C), (c)(2)(D),
26  (c)(2)(E), or (c)(2)(F) may be sealed upon termination

 

 

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1  of the petitioner's last sentence if the petitioner
2  earned a high school diploma, associate's degree,
3  career certificate, vocational technical
4  certification, or bachelor's degree, or passed the
5  high school level Test of General Educational
6  Development, during the period of his or her sentence
7  or mandatory supervised release. This subparagraph
8  shall apply only to a petitioner who has not completed
9  the same educational goal prior to the period of his or
10  her sentence or mandatory supervised release. If a
11  petition for sealing eligible records filed under this
12  subparagraph is denied by the court, the time periods
13  under subparagraph (B) or (C) shall apply to any
14  subsequent petition for sealing filed by the
15  petitioner.
16  (4) Subsequent felony convictions. A person may not
17  have subsequent felony conviction records sealed as
18  provided in this subsection (c) if he or she is convicted
19  of any felony offense after the date of the sealing of
20  prior felony convictions as provided in this subsection
21  (c). The court may, upon conviction for a subsequent
22  felony offense, order the unsealing of prior felony
23  conviction records previously ordered sealed by the court.
24  (5) Notice of eligibility for sealing. Upon entry of a
25  disposition for an eligible record under this subsection
26  (c), the petitioner shall be informed by the court of the

 

 

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1  right to have the records sealed and the procedures for
2  the sealing of the records.
3  (d) Procedure. The following procedures apply to
4  expungement under subsections (b), (e), and (e-6) and sealing
5  under subsections (c) and (e-5):
6  (1) Filing the petition. Upon becoming eligible to
7  petition for the expungement or sealing of records under
8  this Section, the petitioner shall file a petition
9  requesting the expungement or sealing of records with the
10  clerk of the court where the arrests occurred or the
11  charges were brought, or both. If arrests occurred or
12  charges were brought in multiple jurisdictions, a petition
13  must be filed in each such jurisdiction. The petitioner
14  shall pay the applicable fee, except no fee shall be
15  required if the petitioner has obtained a court order
16  waiving fees under Supreme Court Rule 298 or it is
17  otherwise waived.
18  (1.5) County fee waiver pilot program. From August 9,
19  2019 (the effective date of Public Act 101-306) through
20  December 31, 2020, in a county of 3,000,000 or more
21  inhabitants, no fee shall be required to be paid by a
22  petitioner if the records sought to be expunged or sealed
23  were arrests resulting in release without charging or
24  arrests or charges not initiated by arrest resulting in
25  acquittal, dismissal, or conviction when the conviction
26  was reversed or vacated, unless excluded by subsection

 

 

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1  (a)(3)(B). The provisions of this paragraph (1.5), other
2  than this sentence, are inoperative on and after January
3  1, 2022.
4  (2) Contents of petition. The petition shall be
5  verified and shall contain the petitioner's name, date of
6  birth, current address and, for each arrest or charge not
7  initiated by arrest sought to be sealed or expunged, the
8  case number, the date of arrest (if any), the identity of
9  the arresting authority, and such other information as the
10  court may require. During the pendency of the proceeding,
11  the petitioner shall promptly notify the circuit court
12  clerk of any change of his or her address. If the
13  petitioner has received a certificate of eligibility for
14  sealing from the Prisoner Review Board under paragraph
15  (10) of subsection (a) of Section 3-3-2 of the Unified
16  Code of Corrections, the certificate shall be attached to
17  the petition.
18  (3) Drug test. The petitioner must attach to the
19  petition proof that the petitioner has taken within 30
20  days before the filing of the petition a test showing the
21  absence within his or her body of all illegal substances
22  as defined by the Illinois Controlled Substances Act and
23  the Methamphetamine Control and Community Protection Act
24  if he or she is petitioning to:
25  (A) seal felony records under clause (c)(2)(E);
26  (B) seal felony records for a violation of the

 

 

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1  Illinois Controlled Substances Act, the
2  Methamphetamine Control and Community Protection Act,
3  or the Cannabis Control Act under clause (c)(2)(F);
4  (C) seal felony records under subsection (e-5); or
5  (D) expunge felony records of a qualified
6  probation under clause (b)(1)(iv).
7  (4) Service of petition. The circuit court clerk shall
8  promptly serve a copy of the petition and documentation to
9  support the petition under subsection (e-5) or (e-6) on
10  the State's Attorney or prosecutor charged with the duty
11  of prosecuting the offense, the Illinois State Police, the
12  arresting agency and the chief legal officer of the unit
13  of local government effecting the arrest.
14  (5) Objections.
15  (A) Any party entitled to notice of the petition
16  may file an objection to the petition. All objections
17  shall be in writing, shall be filed with the circuit
18  court clerk, and shall state with specificity the
19  basis of the objection. Whenever a person who has been
20  convicted of an offense is granted a pardon by the
21  Governor which specifically authorizes expungement, an
22  objection to the petition may not be filed.
23  (B) Objections to a petition to expunge or seal
24  must be filed within 60 days of the date of service of
25  the petition.
26  (6) Entry of order.

 

 

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1  (A) The Chief Judge of the circuit wherein the
2  charge was brought, any judge of that circuit
3  designated by the Chief Judge, or in counties of less
4  than 3,000,000 inhabitants, the presiding trial judge
5  at the petitioner's trial, if any, shall rule on the
6  petition to expunge or seal as set forth in this
7  subsection (d)(6).
8  (B) Unless the State's Attorney or prosecutor, the
9  Illinois State Police, the arresting agency, or the
10  chief legal officer files an objection to the petition
11  to expunge or seal within 60 days from the date of
12  service of the petition, the court shall enter an
13  order granting or denying the petition.
14  (C) Notwithstanding any other provision of law,
15  the court shall not deny a petition for sealing under
16  this Section because the petitioner has not satisfied
17  an outstanding legal financial obligation established,
18  imposed, or originated by a court, law enforcement
19  agency, or a municipal, State, county, or other unit
20  of local government, including, but not limited to,
21  any cost, assessment, fine, or fee. An outstanding
22  legal financial obligation does not include any court
23  ordered restitution to a victim under Section 5-5-6 of
24  the Unified Code of Corrections, unless the
25  restitution has been converted to a civil judgment.
26  Nothing in this subparagraph (C) waives, rescinds, or

 

 

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1  abrogates a legal financial obligation or otherwise
2  eliminates or affects the right of the holder of any
3  financial obligation to pursue collection under
4  applicable federal, State, or local law.
5  (D) Notwithstanding any other provision of law,
6  the court shall not deny a petition to expunge or seal
7  under this Section because the petitioner has
8  submitted a drug test taken within 30 days before the
9  filing of the petition to expunge or seal that
10  indicates a positive test for the presence of cannabis
11  within the petitioner's body. In this subparagraph
12  (D), "cannabis" has the meaning ascribed to it in
13  Section 3 of the Cannabis Control Act.
14  (7) Hearings. If an objection is filed, the court
15  shall set a date for a hearing and notify the petitioner
16  and all parties entitled to notice of the petition of the
17  hearing date at least 30 days prior to the hearing. Prior
18  to the hearing, the State's Attorney shall consult with
19  the Illinois State Police as to the appropriateness of the
20  relief sought in the petition to expunge or seal. At the
21  hearing, the court shall hear evidence on whether the
22  petition should or should not be granted, and shall grant
23  or deny the petition to expunge or seal the records based
24  on the evidence presented at the hearing. The court may
25  consider the following:
26  (A) the strength of the evidence supporting the

 

 

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1  defendant's conviction;
2  (B) the reasons for retention of the conviction
3  records by the State;
4  (C) the petitioner's age, criminal record history,
5  and employment history;
6  (D) the period of time between the petitioner's
7  arrest on the charge resulting in the conviction and
8  the filing of the petition under this Section; and
9  (E) the specific adverse consequences the
10  petitioner may be subject to if the petition is
11  denied.
12  (8) Service of order. After entering an order to
13  expunge or seal records, the court must provide copies of
14  the order to the Illinois State Police, in a form and
15  manner prescribed by the Illinois State Police, to the
16  petitioner, to the State's Attorney or prosecutor charged
17  with the duty of prosecuting the offense, to the arresting
18  agency, to the chief legal officer of the unit of local
19  government effecting the arrest, and to such other
20  criminal justice agencies as may be ordered by the court.
21  (9) Implementation of order.
22  (A) Upon entry of an order to expunge records
23  pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
24  both:
25  (i) the records shall be expunged (as defined
26  in subsection (a)(1)(E)) by the arresting agency,

 

 

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1  the Illinois State Police, and any other agency as
2  ordered by the court, within 60 days of the date of
3  service of the order, unless a motion to vacate,
4  modify, or reconsider the order is filed pursuant
5  to paragraph (12) of subsection (d) of this
6  Section;
7  (ii) the records of the circuit court clerk
8  shall be impounded until further order of the
9  court upon good cause shown and the name of the
10  petitioner obliterated on the official index
11  required to be kept by the circuit court clerk
12  under Section 16 of the Clerks of Courts Act, but
13  the order shall not affect any index issued by the
14  circuit court clerk before the entry of the order;
15  and
16  (iii) in response to an inquiry for expunged
17  records, the court, the Illinois State Police, or
18  the agency receiving such inquiry, shall reply as
19  it does in response to inquiries when no records
20  ever existed.
21  (B) Upon entry of an order to expunge records
22  pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
23  both:
24  (i) the records shall be expunged (as defined
25  in subsection (a)(1)(E)) by the arresting agency
26  and any other agency as ordered by the court,

 

 

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1  within 60 days of the date of service of the order,
2  unless a motion to vacate, modify, or reconsider
3  the order is filed pursuant to paragraph (12) of
4  subsection (d) of this Section;
5  (ii) the records of the circuit court clerk
6  shall be impounded until further order of the
7  court upon good cause shown and the name of the
8  petitioner obliterated on the official index
9  required to be kept by the circuit court clerk
10  under Section 16 of the Clerks of Courts Act, but
11  the order shall not affect any index issued by the
12  circuit court clerk before the entry of the order;
13  (iii) the records shall be impounded by the
14  Illinois State Police within 60 days of the date
15  of service of the order as ordered by the court,
16  unless a motion to vacate, modify, or reconsider
17  the order is filed pursuant to paragraph (12) of
18  subsection (d) of this Section;
19  (iv) records impounded by the Illinois State
20  Police may be disseminated by the Illinois State
21  Police only as required by law or to the arresting
22  authority, the State's Attorney, and the court
23  upon a later arrest for the same or a similar
24  offense or for the purpose of sentencing for any
25  subsequent felony, and to the Department of
26  Corrections upon conviction for any offense; and

 

 

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1  (v) in response to an inquiry for such records
2  from anyone not authorized by law to access such
3  records, the court, the Illinois State Police, or
4  the agency receiving such inquiry shall reply as
5  it does in response to inquiries when no records
6  ever existed.
7  (B-5) Upon entry of an order to expunge records
8  under subsection (e-6):
9  (i) the records shall be expunged (as defined
10  in subsection (a)(1)(E)) by the arresting agency
11  and any other agency as ordered by the court,
12  within 60 days of the date of service of the order,
13  unless a motion to vacate, modify, or reconsider
14  the order is filed under paragraph (12) of
15  subsection (d) of this Section;
16  (ii) the records of the circuit court clerk
17  shall be impounded until further order of the
18  court upon good cause shown and the name of the
19  petitioner obliterated on the official index
20  required to be kept by the circuit court clerk
21  under Section 16 of the Clerks of Courts Act, but
22  the order shall not affect any index issued by the
23  circuit court clerk before the entry of the order;
24  (iii) the records shall be impounded by the
25  Illinois State Police within 60 days of the date
26  of service of the order as ordered by the court,

 

 

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1  unless a motion to vacate, modify, or reconsider
2  the order is filed under paragraph (12) of
3  subsection (d) of this Section;
4  (iv) records impounded by the Illinois State
5  Police may be disseminated by the Illinois State
6  Police only as required by law or to the arresting
7  authority, the State's Attorney, and the court
8  upon a later arrest for the same or a similar
9  offense or for the purpose of sentencing for any
10  subsequent felony, and to the Department of
11  Corrections upon conviction for any offense; and
12  (v) in response to an inquiry for these
13  records from anyone not authorized by law to
14  access the records, the court, the Illinois State
15  Police, or the agency receiving the inquiry shall
16  reply as it does in response to inquiries when no
17  records ever existed.
18  (C) Upon entry of an order to seal records under
19  subsection (c), the arresting agency, any other agency
20  as ordered by the court, the Illinois State Police,
21  and the court shall seal the records (as defined in
22  subsection (a)(1)(K)). In response to an inquiry for
23  such records, from anyone not authorized by law to
24  access such records, the court, the Illinois State
25  Police, or the agency receiving such inquiry shall
26  reply as it does in response to inquiries when no

 

 

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1  records ever existed.
2  (D) The Illinois State Police shall send written
3  notice to the petitioner of its compliance with each
4  order to expunge or seal records within 60 days of the
5  date of service of that order or, if a motion to
6  vacate, modify, or reconsider is filed, within 60 days
7  of service of the order resolving the motion, if that
8  order requires the Illinois State Police to expunge or
9  seal records. In the event of an appeal from the
10  circuit court order, the Illinois State Police shall
11  send written notice to the petitioner of its
12  compliance with an Appellate Court or Supreme Court
13  judgment to expunge or seal records within 60 days of
14  the issuance of the court's mandate. The notice is not
15  required while any motion to vacate, modify, or
16  reconsider, or any appeal or petition for
17  discretionary appellate review, is pending.
18  (E) Upon motion, the court may order that a sealed
19  judgment or other court record necessary to
20  demonstrate the amount of any legal financial
21  obligation due and owing be made available for the
22  limited purpose of collecting any legal financial
23  obligations owed by the petitioner that were
24  established, imposed, or originated in the criminal
25  proceeding for which those records have been sealed.
26  The records made available under this subparagraph (E)

 

 

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1  shall not be entered into the official index required
2  to be kept by the circuit court clerk under Section 16
3  of the Clerks of Courts Act and shall be immediately
4  re-impounded upon the collection of the outstanding
5  financial obligations.
6  (F) Notwithstanding any other provision of this
7  Section, a circuit court clerk may access a sealed
8  record for the limited purpose of collecting payment
9  for any legal financial obligations that were
10  established, imposed, or originated in the criminal
11  proceedings for which those records have been sealed.
12  (10) Fees. The Illinois State Police may charge the
13  petitioner a fee equivalent to the cost of processing any
14  order to expunge or seal records. Notwithstanding any
15  provision of the Clerks of Courts Act to the contrary, the
16  circuit court clerk may charge a fee equivalent to the
17  cost associated with the sealing or expungement of records
18  by the circuit court clerk. From the total filing fee
19  collected for the petition to seal or expunge, the circuit
20  court clerk shall deposit $10 into the Circuit Court Clerk
21  Operation and Administrative Fund, to be used to offset
22  the costs incurred by the circuit court clerk in
23  performing the additional duties required to serve the
24  petition to seal or expunge on all parties. The circuit
25  court clerk shall collect and remit the Illinois State
26  Police portion of the fee to the State Treasurer and it

 

 

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1  shall be deposited in the State Police Services Fund. If
2  the record brought under an expungement petition was
3  previously sealed under this Section, the fee for the
4  expungement petition for that same record shall be waived.
5  (11) Final Order. No court order issued under the
6  expungement or sealing provisions of this Section shall
7  become final for purposes of appeal until 30 days after
8  service of the order on the petitioner and all parties
9  entitled to notice of the petition.
10  (12) Motion to Vacate, Modify, or Reconsider. Under
11  Section 2-1203 of the Code of Civil Procedure, the
12  petitioner or any party entitled to notice may file a
13  motion to vacate, modify, or reconsider the order granting
14  or denying the petition to expunge or seal within 60 days
15  of service of the order. If filed more than 60 days after
16  service of the order, a petition to vacate, modify, or
17  reconsider shall comply with subsection (c) of Section
18  2-1401 of the Code of Civil Procedure. Upon filing of a
19  motion to vacate, modify, or reconsider, notice of the
20  motion shall be served upon the petitioner and all parties
21  entitled to notice of the petition.
22  (13) Effect of Order. An order granting a petition
23  under the expungement or sealing provisions of this
24  Section shall not be considered void because it fails to
25  comply with the provisions of this Section or because of
26  any error asserted in a motion to vacate, modify, or

 

 

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1  reconsider. The circuit court retains jurisdiction to
2  determine whether the order is voidable and to vacate,
3  modify, or reconsider its terms based on a motion filed
4  under paragraph (12) of this subsection (d).
5  (14) Compliance with Order Granting Petition to Seal
6  Records. Unless a court has entered a stay of an order
7  granting a petition to seal, all parties entitled to
8  notice of the petition must fully comply with the terms of
9  the order within 60 days of service of the order even if a
10  party is seeking relief from the order through a motion
11  filed under paragraph (12) of this subsection (d) or is
12  appealing the order.
13  (15) Compliance with Order Granting Petition to
14  Expunge Records. While a party is seeking relief from the
15  order granting the petition to expunge through a motion
16  filed under paragraph (12) of this subsection (d) or is
17  appealing the order, and unless a court has entered a stay
18  of that order, the parties entitled to notice of the
19  petition must seal, but need not expunge, the records
20  until there is a final order on the motion for relief or,
21  in the case of an appeal, the issuance of that court's
22  mandate.
23  (16) The changes to this subsection (d) made by Public
24  Act 98-163 apply to all petitions pending on August 5,
25  2013 (the effective date of Public Act 98-163) and to all
26  orders ruling on a petition to expunge or seal on or after

 

 

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1  August 5, 2013 (the effective date of Public Act 98-163).
2  (e) Whenever a person who has been convicted of an offense
3  is granted a pardon by the Governor which specifically
4  authorizes expungement, he or she may, upon verified petition
5  to the Chief Judge of the circuit where the person had been
6  convicted, any judge of the circuit designated by the Chief
7  Judge, or in counties of less than 3,000,000 inhabitants, the
8  presiding trial judge at the defendant's trial, have a court
9  order entered expunging the record of arrest from the official
10  records of the arresting authority and order that the records
11  of the circuit court clerk and the Illinois State Police be
12  sealed until further order of the court upon good cause shown
13  or as otherwise provided herein, and the name of the defendant
14  obliterated from the official index requested to be kept by
15  the circuit court clerk under Section 16 of the Clerks of
16  Courts Act in connection with the arrest and conviction for
17  the offense for which he or she had been pardoned but the order
18  shall not affect any index issued by the circuit court clerk
19  before the entry of the order. All records sealed by the
20  Illinois State Police may be disseminated by the Illinois
21  State Police only to the arresting authority, the State's
22  Attorney, and the court upon a later arrest for the same or
23  similar offense or for the purpose of sentencing for any
24  subsequent felony. Upon conviction for any subsequent offense,
25  the Department of Corrections shall have access to all sealed
26  records of the Illinois State Police pertaining to that

 

 

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1  individual. Upon entry of the order of expungement, the
2  circuit court clerk shall promptly mail a copy of the order to
3  the person who was pardoned.
4  (e-5) Whenever a person who has been convicted of an
5  offense is granted a certificate of eligibility for sealing by
6  the Prisoner Review Board which specifically authorizes
7  sealing, he or she may, upon verified petition to the Chief
8  Judge of the circuit where the person had been convicted, any
9  judge of the circuit designated by the Chief Judge, or in
10  counties of less than 3,000,000 inhabitants, the presiding
11  trial judge at the petitioner's trial, have a court order
12  entered sealing the record of arrest from the official records
13  of the arresting authority and order that the records of the
14  circuit court clerk and the Illinois State Police be sealed
15  until further order of the court upon good cause shown or as
16  otherwise provided herein, and the name of the petitioner
17  obliterated from the official index requested to be kept by
18  the circuit court clerk under Section 16 of the Clerks of
19  Courts Act in connection with the arrest and conviction for
20  the offense for which he or she had been granted the
21  certificate but the order shall not affect any index issued by
22  the circuit court clerk before the entry of the order. All
23  records sealed by the Illinois State Police may be
24  disseminated by the Illinois State Police only as required by
25  this Act or to the arresting authority, a law enforcement
26  agency, the State's Attorney, and the court upon a later

 

 

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1  arrest for the same or similar offense or for the purpose of
2  sentencing for any subsequent felony. Upon conviction for any
3  subsequent offense, the Department of Corrections shall have
4  access to all sealed records of the Illinois State Police
5  pertaining to that individual. Upon entry of the order of
6  sealing, the circuit court clerk shall promptly mail a copy of
7  the order to the person who was granted the certificate of
8  eligibility for sealing.
9  (e-6) Whenever a person who has been convicted of an
10  offense is granted a certificate of eligibility for
11  expungement by the Prisoner Review Board which specifically
12  authorizes expungement, he or she may, upon verified petition
13  to the Chief Judge of the circuit where the person had been
14  convicted, any judge of the circuit designated by the Chief
15  Judge, or in counties of less than 3,000,000 inhabitants, the
16  presiding trial judge at the petitioner's trial, have a court
17  order entered expunging the record of arrest from the official
18  records of the arresting authority and order that the records
19  of the circuit court clerk and the Illinois State Police be
20  sealed until further order of the court upon good cause shown
21  or as otherwise provided herein, and the name of the
22  petitioner obliterated from the official index requested to be
23  kept by the circuit court clerk under Section 16 of the Clerks
24  of Courts Act in connection with the arrest and conviction for
25  the offense for which he or she had been granted the
26  certificate but the order shall not affect any index issued by

 

 

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1  the circuit court clerk before the entry of the order. All
2  records sealed by the Illinois State Police may be
3  disseminated by the Illinois State Police only as required by
4  this Act or to the arresting authority, a law enforcement
5  agency, the State's Attorney, and the court upon a later
6  arrest for the same or similar offense or for the purpose of
7  sentencing for any subsequent felony. Upon conviction for any
8  subsequent offense, the Department of Corrections shall have
9  access to all expunged records of the Illinois State Police
10  pertaining to that individual. Upon entry of the order of
11  expungement, the circuit court clerk shall promptly mail a
12  copy of the order to the person who was granted the certificate
13  of eligibility for expungement.
14  (f) Subject to available funding, the Illinois Department
15  of Corrections shall conduct a study of the impact of sealing,
16  especially on employment and recidivism rates, utilizing a
17  random sample of those who apply for the sealing of their
18  criminal records under Public Act 93-211. At the request of
19  the Illinois Department of Corrections, records of the
20  Illinois Department of Employment Security shall be utilized
21  as appropriate to assist in the study. The study shall not
22  disclose any data in a manner that would allow the
23  identification of any particular individual or employing unit.
24  The study shall be made available to the General Assembly no
25  later than September 1, 2010.
26  (g) Immediate Sealing.

 

 

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1  (1) Applicability. Notwithstanding any other provision
2  of this Act to the contrary, and cumulative with any
3  rights to expungement or sealing of criminal records, this
4  subsection authorizes the immediate sealing of criminal
5  records of adults and of minors prosecuted as adults.
6  (2) Eligible Records. Arrests or charges not initiated
7  by arrest resulting in acquittal or dismissal with
8  prejudice, except as excluded by subsection (a)(3)(B),
9  that occur on or after January 1, 2018 (the effective date
10  of Public Act 100-282), may be sealed immediately if the
11  petition is filed with the circuit court clerk on the same
12  day and during the same hearing in which the case is
13  disposed.
14  (3) When Records are Eligible to be Immediately
15  Sealed. Eligible records under paragraph (2) of this
16  subsection (g) may be sealed immediately after entry of
17  the final disposition of a case, notwithstanding the
18  disposition of other charges in the same case.
19  (4) Notice of Eligibility for Immediate Sealing. Upon
20  entry of a disposition for an eligible record under this
21  subsection (g), the defendant shall be informed by the
22  court of his or her right to have eligible records
23  immediately sealed and the procedure for the immediate
24  sealing of these records.
25  (5) Procedure. The following procedures apply to
26  immediate sealing under this subsection (g).

 

 

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1  (A) Filing the Petition. Upon entry of the final
2  disposition of the case, the defendant's attorney may
3  immediately petition the court, on behalf of the
4  defendant, for immediate sealing of eligible records
5  under paragraph (2) of this subsection (g) that are
6  entered on or after January 1, 2018 (the effective
7  date of Public Act 100-282). The immediate sealing
8  petition may be filed with the circuit court clerk
9  during the hearing in which the final disposition of
10  the case is entered. If the defendant's attorney does
11  not file the petition for immediate sealing during the
12  hearing, the defendant may file a petition for sealing
13  at any time as authorized under subsection (c)(3)(A).
14  (B) Contents of Petition. The immediate sealing
15  petition shall be verified and shall contain the
16  petitioner's name, date of birth, current address, and
17  for each eligible record, the case number, the date of
18  arrest if applicable, the identity of the arresting
19  authority if applicable, and other information as the
20  court may require.
21  (C) Drug Test. The petitioner shall not be
22  required to attach proof that he or she has passed a
23  drug test.
24  (D) Service of Petition. A copy of the petition
25  shall be served on the State's Attorney in open court.
26  The petitioner shall not be required to serve a copy of

 

 

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1  the petition on any other agency.
2  (E) Entry of Order. The presiding trial judge
3  shall enter an order granting or denying the petition
4  for immediate sealing during the hearing in which it
5  is filed. Petitions for immediate sealing shall be
6  ruled on in the same hearing in which the final
7  disposition of the case is entered.
8  (F) Hearings. The court shall hear the petition
9  for immediate sealing on the same day and during the
10  same hearing in which the disposition is rendered.
11  (G) Service of Order. An order to immediately seal
12  eligible records shall be served in conformance with
13  subsection (d)(8).
14  (H) Implementation of Order. An order to
15  immediately seal records shall be implemented in
16  conformance with subsections (d)(9)(C) and (d)(9)(D).
17  (I) Fees. The fee imposed by the circuit court
18  clerk and the Illinois State Police shall comply with
19  paragraph (1) of subsection (d) of this Section.
20  (J) Final Order. No court order issued under this
21  subsection (g) shall become final for purposes of
22  appeal until 30 days after service of the order on the
23  petitioner and all parties entitled to service of the
24  order in conformance with subsection (d)(8).
25  (K) Motion to Vacate, Modify, or Reconsider. Under
26  Section 2-1203 of the Code of Civil Procedure, the

 

 

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1  petitioner, State's Attorney, or the Illinois State
2  Police may file a motion to vacate, modify, or
3  reconsider the order denying the petition to
4  immediately seal within 60 days of service of the
5  order. If filed more than 60 days after service of the
6  order, a petition to vacate, modify, or reconsider
7  shall comply with subsection (c) of Section 2-1401 of
8  the Code of Civil Procedure.
9  (L) Effect of Order. An order granting an
10  immediate sealing petition shall not be considered
11  void because it fails to comply with the provisions of
12  this Section or because of an error asserted in a
13  motion to vacate, modify, or reconsider. The circuit
14  court retains jurisdiction to determine whether the
15  order is voidable, and to vacate, modify, or
16  reconsider its terms based on a motion filed under
17  subparagraph (L) of this subsection (g).
18  (M) Compliance with Order Granting Petition to
19  Seal Records. Unless a court has entered a stay of an
20  order granting a petition to immediately seal, all
21  parties entitled to service of the order must fully
22  comply with the terms of the order within 60 days of
23  service of the order.
24  (h) Sealing; trafficking victims.
25  (1) A trafficking victim as defined by paragraph (10)
26  of subsection (a) of Section 10-9 of the Criminal Code of

 

 

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1  2012 shall be eligible to petition for immediate sealing
2  of his or her criminal record upon the completion of his or
3  her last sentence if his or her participation in the
4  underlying offense was a direct result of human
5  trafficking under Section 10-9 of the Criminal Code of
6  2012 or a severe form of trafficking under the federal
7  Trafficking Victims Protection Act.
8  (2) A petitioner under this subsection (h), in
9  addition to the requirements provided under paragraph (4)
10  of subsection (d) of this Section, shall include in his or
11  her petition a clear and concise statement that: (A) he or
12  she was a victim of human trafficking at the time of the
13  offense; and (B) that his or her participation in the
14  offense was a direct result of human trafficking under
15  Section 10-9 of the Criminal Code of 2012 or a severe form
16  of trafficking under the federal Trafficking Victims
17  Protection Act.
18  (3) If an objection is filed alleging that the
19  petitioner is not entitled to immediate sealing under this
20  subsection (h), the court shall conduct a hearing under
21  paragraph (7) of subsection (d) of this Section and the
22  court shall determine whether the petitioner is entitled
23  to immediate sealing under this subsection (h). A
24  petitioner is eligible for immediate relief under this
25  subsection (h) if he or she shows, by a preponderance of
26  the evidence, that: (A) he or she was a victim of human

 

 

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1  trafficking at the time of the offense; and (B) that his or
2  her participation in the offense was a direct result of
3  human trafficking under Section 10-9 of the Criminal Code
4  of 2012 or a severe form of trafficking under the federal
5  Trafficking Victims Protection Act.
6  (i) Minor Cannabis Offenses under the Cannabis Control
7  Act.
8  (1) Expungement of Arrest Records of Minor Cannabis
9  Offenses.
10  (A) The Illinois State Police and all law
11  enforcement agencies within the State shall
12  automatically expunge all criminal history records of
13  an arrest, charge not initiated by arrest, order of
14  supervision, or order of qualified probation for a
15  Minor Cannabis Offense committed prior to June 25,
16  2019 (the effective date of Public Act 101-27) if:
17  (i) One year or more has elapsed since the
18  date of the arrest or law enforcement interaction
19  documented in the records; and
20  (ii) No criminal charges were filed relating
21  to the arrest or law enforcement interaction or
22  criminal charges were filed and subsequently
23  dismissed or vacated or the arrestee was
24  acquitted.
25  (B) If the law enforcement agency is unable to
26  verify satisfaction of condition (ii) in paragraph

 

 

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1  (A), records that satisfy condition (i) in paragraph
2  (A) shall be automatically expunged.
3  (C) Records shall be expunged by the law
4  enforcement agency under the following timelines:
5  (i) Records created prior to June 25, 2019
6  (the effective date of Public Act 101-27), but on
7  or after January 1, 2013, shall be automatically
8  expunged prior to January 1, 2021;
9  (ii) Records created prior to January 1, 2013,
10  but on or after January 1, 2000, shall be
11  automatically expunged prior to January 1, 2023;
12  (iii) Records created prior to January 1, 2000
13  shall be automatically expunged prior to January
14  1, 2025.
15  In response to an inquiry for expunged records,
16  the law enforcement agency receiving such inquiry
17  shall reply as it does in response to inquiries when no
18  records ever existed; however, it shall provide a
19  certificate of disposition or confirmation that the
20  record was expunged to the individual whose record was
21  expunged if such a record exists.
22  (D) Nothing in this Section shall be construed to
23  restrict or modify an individual's right to have that
24  individual's records expunged except as otherwise may
25  be provided in this Act, or diminish or abrogate any
26  rights or remedies otherwise available to the

 

 

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1  individual.
2  (2) Pardons Authorizing Expungement of Minor Cannabis
3  Offenses.
4  (A) Upon June 25, 2019 (the effective date of
5  Public Act 101-27), the Department of State Police
6  shall review all criminal history record information
7  and identify all records that meet all of the
8  following criteria:
9  (i) one or more convictions for a Minor
10  Cannabis Offense;
11  (ii) the conviction identified in paragraph
12  (2)(A)(i) did not include a penalty enhancement
13  under Section 7 of the Cannabis Control Act; and
14  (iii) the conviction identified in paragraph
15  (2)(A)(i) is not associated with a conviction for
16  a violent crime as defined in subsection (c) of
17  Section 3 of the Rights of Crime Victims and
18  Witnesses Act.
19  (B) Within 180 days after June 25, 2019 (the
20  effective date of Public Act 101-27), the Department
21  of State Police shall notify the Prisoner Review Board
22  of all such records that meet the criteria established
23  in paragraph (2)(A).
24  (i) The Prisoner Review Board shall notify the
25  State's Attorney of the county of conviction of
26  each record identified by State Police in

 

 

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1  paragraph (2)(A) that is classified as a Class 4
2  felony. The State's Attorney may provide a written
3  objection to the Prisoner Review Board on the sole
4  basis that the record identified does not meet the
5  criteria established in paragraph (2)(A). Such an
6  objection must be filed within 60 days or by such
7  later date set by the Prisoner Review Board in the
8  notice after the State's Attorney received notice
9  from the Prisoner Review Board.
10  (ii) In response to a written objection from a
11  State's Attorney, the Prisoner Review Board is
12  authorized to conduct a non-public hearing to
13  evaluate the information provided in the
14  objection.
15  (iii) The Prisoner Review Board shall make a
16  confidential and privileged recommendation to the
17  Governor as to whether to grant a pardon
18  authorizing expungement for each of the records
19  identified by the Department of State Police as
20  described in paragraph (2)(A).
21  (C) If an individual has been granted a pardon
22  authorizing expungement as described in this Section,
23  the Prisoner Review Board, through the Attorney
24  General, shall file a petition for expungement with
25  the Chief Judge of the circuit or any judge of the
26  circuit designated by the Chief Judge where the

 

 

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1  individual had been convicted. Such petition may
2  include more than one individual. Whenever an
3  individual who has been convicted of an offense is
4  granted a pardon by the Governor that specifically
5  authorizes expungement, an objection to the petition
6  may not be filed. Petitions to expunge under this
7  subsection (i) may include more than one individual.
8  Within 90 days of the filing of such a petition, the
9  court shall enter an order expunging the records of
10  arrest from the official records of the arresting
11  authority and order that the records of the circuit
12  court clerk and the Illinois State Police be expunged
13  and the name of the defendant obliterated from the
14  official index requested to be kept by the circuit
15  court clerk under Section 16 of the Clerks of Courts
16  Act in connection with the arrest and conviction for
17  the offense for which the individual had received a
18  pardon but the order shall not affect any index issued
19  by the circuit court clerk before the entry of the
20  order. Upon entry of the order of expungement, the
21  circuit court clerk shall promptly provide a copy of
22  the order and a certificate of disposition to the
23  individual who was pardoned to the individual's last
24  known address or by electronic means (if available) or
25  otherwise make it available to the individual upon
26  request.

 

 

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1  (D) Nothing in this Section is intended to
2  diminish or abrogate any rights or remedies otherwise
3  available to the individual.
4  (3) Any individual may file a motion to vacate and
5  expunge a conviction for a misdemeanor or Class 4 felony
6  violation of Section 4 or Section 5 of the Cannabis
7  Control Act. Motions to vacate and expunge under this
8  subsection (i) may be filed with the circuit court, Chief
9  Judge of a judicial circuit or any judge of the circuit
10  designated by the Chief Judge. The circuit court clerk
11  shall promptly serve a copy of the motion to vacate and
12  expunge, and any supporting documentation, on the State's
13  Attorney or prosecutor charged with the duty of
14  prosecuting the offense. When considering such a motion to
15  vacate and expunge, a court shall consider the following:
16  the reasons to retain the records provided by law
17  enforcement, the petitioner's age, the petitioner's age at
18  the time of offense, the time since the conviction, and
19  the specific adverse consequences if denied. An individual
20  may file such a petition after the completion of any
21  non-financial sentence or non-financial condition imposed
22  by the conviction. Within 60 days of the filing of such
23  motion, a State's Attorney may file an objection to such a
24  petition along with supporting evidence. If a motion to
25  vacate and expunge is granted, the records shall be
26  expunged in accordance with subparagraphs (d)(8) and

 

 

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1  (d)(9)(A) of this Section. An agency providing civil legal
2  aid, as defined by Section 15 of the Public Interest
3  Attorney Assistance Act, assisting individuals seeking to
4  file a motion to vacate and expunge under this subsection
5  may file motions to vacate and expunge with the Chief
6  Judge of a judicial circuit or any judge of the circuit
7  designated by the Chief Judge, and the motion may include
8  more than one individual. Motions filed by an agency
9  providing civil legal aid concerning more than one
10  individual may be prepared, presented, and signed
11  electronically.
12  (4) Any State's Attorney may file a motion to vacate
13  and expunge a conviction for a misdemeanor or Class 4
14  felony violation of Section 4 or Section 5 of the Cannabis
15  Control Act. Motions to vacate and expunge under this
16  subsection (i) may be filed with the circuit court, Chief
17  Judge of a judicial circuit or any judge of the circuit
18  designated by the Chief Judge, and may include more than
19  one individual. Motions filed by a State's Attorney
20  concerning more than one individual may be prepared,
21  presented, and signed electronically. When considering
22  such a motion to vacate and expunge, a court shall
23  consider the following: the reasons to retain the records
24  provided by law enforcement, the individual's age, the
25  individual's age at the time of offense, the time since
26  the conviction, and the specific adverse consequences if

 

 

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1  denied. Upon entry of an order granting a motion to vacate
2  and expunge records pursuant to this Section, the State's
3  Attorney shall notify the Prisoner Review Board within 30
4  days. Upon entry of the order of expungement, the circuit
5  court clerk shall promptly provide a copy of the order and
6  a certificate of disposition to the individual whose
7  records will be expunged to the individual's last known
8  address or by electronic means (if available) or otherwise
9  make available to the individual upon request. If a motion
10  to vacate and expunge is granted, the records shall be
11  expunged in accordance with subparagraphs (d)(8) and
12  (d)(9)(A) of this Section.
13  (5) In the public interest, the State's Attorney of a
14  county has standing to file motions to vacate and expunge
15  pursuant to this Section in the circuit court with
16  jurisdiction over the underlying conviction.
17  (6) If a person is arrested for a Minor Cannabis
18  Offense as defined in this Section before June 25, 2019
19  (the effective date of Public Act 101-27) and the person's
20  case is still pending but a sentence has not been imposed,
21  the person may petition the court in which the charges are
22  pending for an order to summarily dismiss those charges
23  against him or her, and expunge all official records of
24  his or her arrest, plea, trial, conviction, incarceration,
25  supervision, or expungement. If the court determines, upon
26  review, that: (A) the person was arrested before June 25,

 

 

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1  2019 (the effective date of Public Act 101-27) for an
2  offense that has been made eligible for expungement; (B)
3  the case is pending at the time; and (C) the person has not
4  been sentenced of the minor cannabis violation eligible
5  for expungement under this subsection, the court shall
6  consider the following: the reasons to retain the records
7  provided by law enforcement, the petitioner's age, the
8  petitioner's age at the time of offense, the time since
9  the conviction, and the specific adverse consequences if
10  denied. If a motion to dismiss and expunge is granted, the
11  records shall be expunged in accordance with subparagraph
12  (d)(9)(A) of this Section.
13  (7) A person imprisoned solely as a result of one or
14  more convictions for Minor Cannabis Offenses under this
15  subsection (i) shall be released from incarceration upon
16  the issuance of an order under this subsection.
17  (8) The Illinois State Police shall allow a person to
18  use the access and review process, established in the
19  Illinois State Police, for verifying that his or her
20  records relating to Minor Cannabis Offenses of the
21  Cannabis Control Act eligible under this Section have been
22  expunged.
23  (9) No conviction vacated pursuant to this Section
24  shall serve as the basis for damages for time unjustly
25  served as provided in the Court of Claims Act.
26  (10) Effect of Expungement. A person's right to

 

 

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1  expunge an expungeable offense shall not be limited under
2  this Section. The effect of an order of expungement shall
3  be to restore the person to the status he or she occupied
4  before the arrest, charge, or conviction.
5  (11) Information. The Illinois State Police shall post
6  general information on its website about the expungement
7  process described in this subsection (i).
8  (j) Felony Prostitution Convictions.
9  (1) Any individual may file a motion to vacate and
10  expunge a conviction for a prior Class 4 felony violation
11  of prostitution. Motions to vacate and expunge under this
12  subsection (j) may be filed with the circuit court, Chief
13  Judge of a judicial circuit, or any judge of the circuit
14  designated by the Chief Judge. When considering the motion
15  to vacate and expunge, a court shall consider the
16  following:
17  (A) the reasons to retain the records provided by
18  law enforcement;
19  (B) the petitioner's age;
20  (C) the petitioner's age at the time of offense;
21  and
22  (D) the time since the conviction, and the
23  specific adverse consequences if denied. An individual
24  may file the petition after the completion of any
25  sentence or condition imposed by the conviction.
26  Within 60 days of the filing of the motion, a State's

 

 

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1  Attorney may file an objection to the petition along
2  with supporting evidence. If a motion to vacate and
3  expunge is granted, the records shall be expunged in
4  accordance with subparagraph (d)(9)(A) of this
5  Section. An agency providing civil legal aid, as
6  defined in Section 15 of the Public Interest Attorney
7  Assistance Act, assisting individuals seeking to file
8  a motion to vacate and expunge under this subsection
9  may file motions to vacate and expunge with the Chief
10  Judge of a judicial circuit or any judge of the circuit
11  designated by the Chief Judge, and the motion may
12  include more than one individual.
13  (2) Any State's Attorney may file a motion to vacate
14  and expunge a conviction for a Class 4 felony violation of
15  prostitution. Motions to vacate and expunge under this
16  subsection (j) may be filed with the circuit court, Chief
17  Judge of a judicial circuit, or any judge of the circuit
18  court designated by the Chief Judge, and may include more
19  than one individual. When considering the motion to vacate
20  and expunge, a court shall consider the following reasons:
21  (A) the reasons to retain the records provided by
22  law enforcement;
23  (B) the petitioner's age;
24  (C) the petitioner's age at the time of offense;
25  (D) the time since the conviction; and
26  (E) the specific adverse consequences if denied.

 

 

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1  If the State's Attorney files a motion to vacate and
2  expunge records for felony prostitution convictions
3  pursuant to this Section, the State's Attorney shall
4  notify the Prisoner Review Board within 30 days of the
5  filing. If a motion to vacate and expunge is granted, the
6  records shall be expunged in accordance with subparagraph
7  (d)(9)(A) of this Section.
8  (3) In the public interest, the State's Attorney of a
9  county has standing to file motions to vacate and expunge
10  pursuant to this Section in the circuit court with
11  jurisdiction over the underlying conviction.
12  (4) The Illinois State Police shall allow a person to
13  a use the access and review process, established in the
14  Illinois State Police, for verifying that his or her
15  records relating to felony prostitution eligible under
16  this Section have been expunged.
17  (5) No conviction vacated pursuant to this Section
18  shall serve as the basis for damages for time unjustly
19  served as provided in the Court of Claims Act.
20  (6) Effect of Expungement. A person's right to expunge
21  an expungeable offense shall not be limited under this
22  Section. The effect of an order of expungement shall be to
23  restore the person to the status he or she occupied before
24  the arrest, charge, or conviction.
25  (7) Information. The Illinois State Police shall post
26  general information on its website about the expungement

 

 

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1  process described in this subsection (j).
2  (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
3  101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
4  12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
5  102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
6  5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)

 

 

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