Illinois House Bill HB3321 Latest Draft

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3321 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:  20 ILCS 2630/5.2   Amends the Criminal Identification Act. Provides that records included in a petition to expunge or seal that was previously denied are eligible to be expunged or sealed.   LRB103 30253 AWJ 56681 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3321 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:  20 ILCS 2630/5.2 20 ILCS 2630/5.2  Amends the Criminal Identification Act. Provides that records included in a petition to expunge or seal that was previously denied are eligible to be expunged or sealed.  LRB103 30253 AWJ 56681 b     LRB103 30253 AWJ 56681 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3321 Introduced , by Rep. Justin Slaughter 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 records included in a petition to expunge or seal that was previously denied are eligible to be expunged or sealed.
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    LRB103 30253 AWJ 56681 b
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 5. The Criminal Identification Act is amended by
5  changing Section 5.2 as follows:
6  (20 ILCS 2630/5.2)
7  Sec. 5.2. Expungement, sealing, and immediate sealing.
8  (a) General Provisions.
9  (1) Definitions. In this Act, words and phrases have
10  the meanings set forth in this subsection, except when a
11  particular context clearly requires a different meaning.
12  (A) The following terms shall have the meanings
13  ascribed to them in the following Sections of the
14  Unified Code of Corrections:
15  Business Offense, Section 5-1-2.
16  Charge, Section 5-1-3.
17  Court, Section 5-1-6.
18  Defendant, Section 5-1-7.
19  Felony, Section 5-1-9.
20  Imprisonment, Section 5-1-10.
21  Judgment, Section 5-1-12.
22  Misdemeanor, Section 5-1-14.
23  Offense, Section 5-1-15.

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3321 Introduced , by Rep. Justin Slaughter 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 records included in a petition to expunge or seal that was previously denied are eligible to be expunged or sealed.
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A BILL FOR

 

 

20 ILCS 2630/5.2



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

 

 

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

 

 

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

 

 

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1  Act, Section 410 of the Illinois Controlled Substances
2  Act, Section 70 of the Methamphetamine Control and
3  Community Protection Act, Section 5-6-3.3 or 5-6-3.4
4  of the Unified Code of Corrections, Section
5  12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
6  those provisions existed before their deletion by
7  Public Act 89-313), Section 10-102 of the Illinois
8  Alcoholism and Other Drug Dependency Act, Section
9  40-10 of the Substance Use Disorder Act, or Section 10
10  of the Steroid Control Act. For the purpose of this
11  Section, "successful completion" of an order of
12  qualified probation under Section 10-102 of the
13  Illinois Alcoholism and Other Drug Dependency Act and
14  Section 40-10 of the Substance Use Disorder Act means
15  that the probation was terminated satisfactorily and
16  the judgment of conviction was vacated.
17  (K) "Seal" means to physically and electronically
18  maintain the records, unless the records would
19  otherwise be destroyed due to age, but to make the
20  records unavailable without a court order, subject to
21  the exceptions in Sections 12 and 13 of this Act. The
22  petitioner's name shall also be obliterated from the
23  official index required to be kept by the circuit
24  court clerk under Section 16 of the Clerks of Courts
25  Act, but any index issued by the circuit court clerk
26  before the entry of the order to seal shall not be

 

 

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

 

 

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1  issued a citation for that offense. The law enforcement
2  agency shall provide by rule the process for access,
3  review, and to confirm the automatic expungement by the
4  law enforcement agency issuing the citation. Commencing
5  180 days after July 29, 2016 (the effective date of Public
6  Act 99-697), the clerk of the circuit court shall expunge,
7  upon order of the court, or in the absence of a court order
8  on or before January 1 and July 1 of each year, the court
9  records of a person found in the circuit court to have
10  committed a civil law violation of subsection (a) of
11  Section 4 of the Cannabis Control Act or subsection (c) of
12  Section 3.5 of the Drug Paraphernalia Control Act in the
13  clerk's possession or control and which contains the final
14  satisfactory disposition which pertain to the person
15  issued a citation for any of those offenses.
16  (3) Exclusions. Except as otherwise provided in
17  subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
18  of this Section, the court shall not order:
19  (A) the sealing or expungement of the records of
20  arrests or charges not initiated by arrest that result
21  in an order of supervision for or conviction of: (i)
22  any sexual offense committed against a minor; (ii)
23  Section 11-501 of the Illinois Vehicle Code or a
24  similar provision of a local ordinance; or (iii)
25  Section 11-503 of the Illinois Vehicle Code or a
26  similar provision of a local ordinance, unless the

 

 

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1  arrest or charge is for a misdemeanor violation of
2  subsection (a) of Section 11-503 or a similar
3  provision of a local ordinance, that occurred prior to
4  the offender reaching the age of 25 years and the
5  offender has no other conviction for violating Section
6  11-501 or 11-503 of the Illinois Vehicle Code or a
7  similar provision of a local ordinance.
8  (B) the sealing or expungement of records of minor
9  traffic offenses (as defined in subsection (a)(1)(G)),
10  unless the petitioner was arrested and released
11  without charging.
12  (C) the sealing of the records of arrests or
13  charges not initiated by arrest which result in an
14  order of supervision or a conviction for the following
15  offenses:
16  (i) offenses included in Article 11 of the
17  Criminal Code of 1961 or the Criminal Code of 2012
18  or a similar provision of a local ordinance,
19  except Section 11-14 and a misdemeanor violation
20  of Section 11-30 of the Criminal Code of 1961 or
21  the Criminal Code of 2012, or a similar provision
22  of a local ordinance;
23  (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
24  26-5, or 48-1 of the Criminal Code of 1961 or the
25  Criminal Code of 2012, or a similar provision of a
26  local ordinance;

 

 

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1  (iii) Section Sections 12-3.1 or 12-3.2 of the
2  Criminal Code of 1961 or the Criminal Code of
3  2012, or Section 125 of the Stalking No Contact
4  Order Act, or Section 219 of the Civil No Contact
5  Order Act, or a similar provision of a local
6  ordinance;
7  (iv) Class A misdemeanors or felony offenses
8  under the Humane Care for Animals Act; or
9  (v) any offense or attempted offense that
10  would subject a person to registration under the
11  Sex Offender Registration Act.
12  (D) (blank).
13  (b) Expungement.
14  (1) A petitioner may petition the circuit court to
15  expunge the records of his or her arrests and charges not
16  initiated by arrest when each arrest or charge not
17  initiated by arrest sought to be expunged resulted in: (i)
18  acquittal, dismissal, or the petitioner's release without
19  charging, unless excluded by subsection (a)(3)(B); (ii) a
20  conviction which was vacated or reversed, unless excluded
21  by subsection (a)(3)(B); (iii) an order of supervision and
22  such supervision was successfully completed by the
23  petitioner, unless excluded by subsection (a)(3)(A) or
24  (a)(3)(B); or (iv) an order of qualified probation (as
25  defined in subsection (a)(1)(J)) and such probation was
26  successfully completed by the petitioner.

 

 

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1  (1.5) When a petitioner seeks to have a record of
2  arrest expunged under this Section, and the offender has
3  been convicted of a criminal offense, the State's Attorney
4  may object to the expungement on the grounds that the
5  records contain specific relevant information aside from
6  the mere fact of the arrest.
7  (2) Time frame for filing a petition to expunge.
8  (A) When the arrest or charge not initiated by
9  arrest sought to be expunged resulted in an acquittal,
10  dismissal, the petitioner's release without charging,
11  or the reversal or vacation of a conviction, there is
12  no waiting period to petition for the expungement of
13  such records.
14  (B) When the arrest or charge not initiated by
15  arrest sought to be expunged resulted in an order of
16  supervision, successfully completed by the petitioner,
17  the following time frames will apply:
18  (i) Those arrests or charges that resulted in
19  orders of supervision under Section 3-707, 3-708,
20  3-710, or 5-401.3 of the Illinois Vehicle Code or
21  a similar provision of a local ordinance, or under
22  Section 11-1.50, 12-3.2, or 12-15 of the Criminal
23  Code of 1961 or the Criminal Code of 2012, or a
24  similar provision of a local ordinance, shall not
25  be eligible for expungement until 5 years have
26  passed following the satisfactory termination of

 

 

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1  the supervision.
2  (i-5) Those arrests or charges that resulted
3  in orders of supervision for a misdemeanor
4  violation of subsection (a) of Section 11-503 of
5  the Illinois Vehicle Code or a similar provision
6  of a local ordinance, that occurred prior to the
7  offender reaching the age of 25 years and the
8  offender has no other conviction for violating
9  Section 11-501 or 11-503 of the Illinois Vehicle
10  Code or a similar provision of a local ordinance
11  shall not be eligible for expungement until the
12  petitioner has reached the age of 25 years.
13  (ii) Those arrests or charges that resulted in
14  orders of supervision for any other offenses shall
15  not be eligible for expungement until 2 years have
16  passed following the satisfactory termination of
17  the supervision.
18  (C) When the arrest or charge not initiated by
19  arrest sought to be expunged resulted in an order of
20  qualified probation, successfully completed by the
21  petitioner, such records shall not be eligible for
22  expungement until 5 years have passed following the
23  satisfactory termination of the probation.
24  (D) Records included in a petition to expunge that
25  was previously denied are eligible to be expunged
26  under paragraphs (A) through (C) of this subsection.

 

 

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1  (3) Those records maintained by the Illinois State
2  Police for persons arrested prior to their 17th birthday
3  shall be expunged as provided in Section 5-915 of the
4  Juvenile Court Act of 1987.
5  (4) Whenever a person has been arrested for or
6  convicted of any offense, in the name of a person whose
7  identity he or she has stolen or otherwise come into
8  possession of, the aggrieved person from whom the identity
9  was stolen or otherwise obtained without authorization,
10  upon learning of the person having been arrested using his
11  or her identity, may, upon verified petition to the chief
12  judge of the circuit wherein the arrest was made, have a
13  court order entered nunc pro tunc by the Chief Judge to
14  correct the arrest record, conviction record, if any, and
15  all official records of the arresting authority, the
16  Illinois State Police, other criminal justice agencies,
17  the prosecutor, and the trial court concerning such
18  arrest, if any, by removing his or her name from all such
19  records in connection with the arrest and conviction, if
20  any, and by inserting in the records the name of the
21  offender, if known or ascertainable, in lieu of the
22  aggrieved's name. The records of the circuit court clerk
23  shall be sealed until further order of the court upon good
24  cause shown and the name of the aggrieved person
25  obliterated on the official index required to be kept by
26  the circuit court clerk under Section 16 of the Clerks of

 

 

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1  Courts Act, but the order shall not affect any index
2  issued by the circuit court clerk before the entry of the
3  order. Nothing in this Section shall limit the Illinois
4  State Police or other criminal justice agencies or
5  prosecutors from listing under an offender's name the
6  false names he or she has used.
7  (5) Whenever a person has been convicted of criminal
8  sexual assault, aggravated criminal sexual assault,
9  predatory criminal sexual assault of a child, criminal
10  sexual abuse, or aggravated criminal sexual abuse, the
11  victim of that offense may request that the State's
12  Attorney of the county in which the conviction occurred
13  file a verified petition with the presiding trial judge at
14  the petitioner's trial to have a court order entered to
15  seal the records of the circuit court clerk in connection
16  with the proceedings of the trial court concerning that
17  offense. However, the records of the arresting authority
18  and the Illinois State Police concerning the offense shall
19  not be sealed. The court, upon good cause shown, shall
20  make the records of the circuit court clerk in connection
21  with the proceedings of the trial court concerning the
22  offense available for public inspection.
23  (6) If a conviction has been set aside on direct
24  review or on collateral attack and the court determines by
25  clear and convincing evidence that the petitioner was
26  factually innocent of the charge, the court that finds the

 

 

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1  petitioner factually innocent of the charge shall enter an
2  expungement order for the conviction for which the
3  petitioner has been determined to be innocent as provided
4  in subsection (b) of Section 5-5-4 of the Unified Code of
5  Corrections.
6  (7) Nothing in this Section shall prevent the Illinois
7  State Police from maintaining all records of any person
8  who is admitted to probation upon terms and conditions and
9  who fulfills those terms and conditions pursuant to
10  Section 10 of the Cannabis Control Act, Section 410 of the
11  Illinois Controlled Substances Act, Section 70 of the
12  Methamphetamine Control and Community Protection Act,
13  Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
14  Corrections, Section 12-4.3 or subdivision (b)(1) of
15  Section 12-3.05 of the Criminal Code of 1961 or the
16  Criminal Code of 2012, Section 10-102 of the Illinois
17  Alcoholism and Other Drug Dependency Act, Section 40-10 of
18  the Substance Use Disorder Act, or Section 10 of the
19  Steroid Control Act.
20  (8) If the petitioner has been granted a certificate
21  of innocence under Section 2-702 of the Code of Civil
22  Procedure, the court that grants the certificate of
23  innocence shall also enter an order expunging the
24  conviction for which the petitioner has been determined to
25  be innocent as provided in subsection (h) of Section 2-702
26  of the Code of Civil Procedure.

 

 

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1  (c) Sealing.
2  (1) Applicability. Notwithstanding any other provision
3  of this Act to the contrary, and cumulative with any
4  rights to expungement of criminal records, this subsection
5  authorizes the sealing of criminal records of adults and
6  of minors prosecuted as adults. Subsection (g) of this
7  Section provides for immediate sealing of certain records.
8  (2) Eligible Records. The following records may be
9  sealed:
10  (A) All arrests resulting in release without
11  charging;
12  (B) Arrests or charges not initiated by arrest
13  resulting in acquittal, dismissal, or conviction when
14  the conviction was reversed or vacated, except as
15  excluded by subsection (a)(3)(B);
16  (C) Arrests or charges not initiated by arrest
17  resulting in orders of supervision, including orders
18  of supervision for municipal ordinance violations,
19  successfully completed by the petitioner, unless
20  excluded by subsection (a)(3);
21  (D) Arrests or charges not initiated by arrest
22  resulting in convictions, including convictions on
23  municipal ordinance violations, unless excluded by
24  subsection (a)(3);
25  (E) Arrests or charges not initiated by arrest
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1  Section 10 of the Cannabis Control Act, Section 410 of
2  the Illinois Controlled Substances Act, Section 70 of
3  the Methamphetamine Control and Community Protection
4  Act, or Section 5-6-3.3 of the Unified Code of
5  Corrections; and
6  (F) Arrests or charges not initiated by arrest
7  resulting in felony convictions unless otherwise
8  excluded by subsection (a) paragraph (3) of this
9  Section.
10  (3) When Records Are Eligible to Be Sealed. Records
11  identified as eligible under subsection (c)(2) may be
12  sealed as follows:
13  (A) Records identified as eligible under
14  subsections subsection (c)(2)(A) and (c)(2)(B) may be
15  sealed at any time.
16  (B) Except as otherwise provided in subparagraph
17  (E) of this paragraph (3), records identified as
18  eligible under subsection (c)(2)(C) may be sealed 2
19  years after the termination of petitioner's last
20  sentence (as defined in subsection (a)(1)(F)).
21  (C) Except as otherwise provided in subparagraph
22  (E) of this paragraph (3), records identified as
23  eligible under subsections (c)(2)(D), (c)(2)(E), and
24  (c)(2)(F) may be sealed 3 years after the termination
25  of the petitioner's last sentence (as defined in
26  subsection (a)(1)(F)). Convictions requiring public

 

 

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1  registration under the Arsonist Registration Act, the
2  Sex Offender Registration Act, or the Murderer and
3  Violent Offender Against Youth Registration Act may
4  not be sealed until the petitioner is no longer
5  required to register under that relevant Act.
6  (D) Records identified in subsection
7  (a)(3)(A)(iii) may be sealed after the petitioner has
8  reached the age of 25 years.
9  (E) Records identified as eligible under
10  subsection subsections (c)(2)(C), (c)(2)(D),
11  (c)(2)(E), or (c)(2)(F) may be sealed upon termination
12  of the petitioner's last sentence if the petitioner
13  earned a high school diploma, associate's degree,
14  career certificate, vocational technical
15  certification, or bachelor's degree, or passed the
16  high school level Test of General Educational
17  Development, during the period of his or her sentence
18  or mandatory supervised release. This subparagraph
19  shall apply only to a petitioner who has not completed
20  the same educational goal prior to the period of his or
21  her sentence or mandatory supervised release. If a
22  petition for sealing eligible records filed under this
23  subparagraph is denied by the court, the time periods
24  under subparagraph (B) or (C) shall apply to any
25  subsequent petition for sealing filed by the
26  petitioner.

 

 

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1  (F) Records included in a petition to seal that
2  was previously denied are eligible to be sealed under
3  paragraphs (A) through (E) of this subsection.
4  (4) Subsequent felony convictions. A person may not
5  have subsequent felony conviction records sealed as
6  provided in this subsection (c) if he or she is convicted
7  of any felony offense after the date of the sealing of
8  prior felony convictions as provided in this subsection
9  (c). The court may, upon conviction for a subsequent
10  felony offense, order the unsealing of prior felony
11  conviction records previously ordered sealed by the court.
12  (5) Notice of eligibility for sealing. Upon entry of a
13  disposition for an eligible record under this subsection
14  (c), the petitioner shall be informed by the court of the
15  right to have the records sealed and the procedures for
16  the sealing of the records.
17  (d) Procedure. The following procedures apply to
18  expungement under subsections (b), (e), and (e-6) and sealing
19  under subsections (c) and (e-5):
20  (1) Filing the petition. Upon becoming eligible to
21  petition for the expungement or sealing of records under
22  this Section, the petitioner shall file a petition
23  requesting the expungement or sealing of records with the
24  clerk of the court where the arrests occurred or the
25  charges were brought, or both. If arrests occurred or
26  charges were brought in multiple jurisdictions, a petition

 

 

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1  must be filed in each such jurisdiction. The petitioner
2  shall pay the applicable fee, except no fee shall be
3  required if the petitioner has obtained a court order
4  waiving fees under Supreme Court Rule 298 or it is
5  otherwise waived.
6  (1.5) County fee waiver pilot program. From August 9,
7  2019 (the effective date of Public Act 101-306) through
8  December 31, 2020, in a county of 3,000,000 or more
9  inhabitants, no fee shall be required to be paid by a
10  petitioner if the records sought to be expunged or sealed
11  were arrests resulting in release without charging or
12  arrests or charges not initiated by arrest resulting in
13  acquittal, dismissal, or conviction when the conviction
14  was reversed or vacated, unless excluded by subsection
15  (a)(3)(B). The provisions of this paragraph (1.5), other
16  than this sentence, are inoperative on and after January
17  1, 2022.
18  (2) Contents of petition. The petition shall be
19  verified and shall contain the petitioner's name, date of
20  birth, current address and, for each arrest or charge not
21  initiated by arrest sought to be sealed or expunged, the
22  case number, the date of arrest (if any), the identity of
23  the arresting authority, and such other information as the
24  court may require. During the pendency of the proceeding,
25  the petitioner shall promptly notify the circuit court
26  clerk of any change of his or her address. If the

 

 

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1  petitioner has received a certificate of eligibility for
2  sealing from the Prisoner Review Board under paragraph
3  (10) of subsection (a) of Section 3-3-2 of the Unified
4  Code of Corrections, the certificate shall be attached to
5  the petition.
6  (3) Drug test. The petitioner must attach to the
7  petition proof that the petitioner has taken within 30
8  days before the filing of the petition a test showing the
9  absence within his or her body of all illegal substances
10  as defined by the Illinois Controlled Substances Act and
11  the Methamphetamine Control and Community Protection Act
12  if he or she is petitioning to:
13  (A) seal felony records under clause (c)(2)(E);
14  (B) seal felony records for a violation of the
15  Illinois Controlled Substances Act, the
16  Methamphetamine Control and Community Protection Act,
17  or the Cannabis Control Act under clause (c)(2)(F);
18  (C) seal felony records under subsection (e-5); or
19  (D) expunge felony records of a qualified
20  probation under clause (b)(1)(iv).
21  (4) Service of petition. The circuit court clerk shall
22  promptly serve a copy of the petition and documentation to
23  support the petition under subsection (e-5) or (e-6) on
24  the State's Attorney or prosecutor charged with the duty
25  of prosecuting the offense, the Illinois State Police, the
26  arresting agency and the chief legal officer of the unit

 

 

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1  of local government effecting the arrest.
2  (5) Objections.
3  (A) Any party entitled to notice of the petition
4  may file an objection to the petition. All objections
5  shall be in writing, shall be filed with the circuit
6  court clerk, and shall state with specificity the
7  basis of the objection. Whenever a person who has been
8  convicted of an offense is granted a pardon by the
9  Governor which specifically authorizes expungement, an
10  objection to the petition may not be filed.
11  (B) Objections to a petition to expunge or seal
12  must be filed within 60 days of the date of service of
13  the petition.
14  (6) Entry of order.
15  (A) The Chief Judge of the circuit wherein the
16  charge was brought, any judge of that circuit
17  designated by the Chief Judge, or in counties of less
18  than 3,000,000 inhabitants, the presiding trial judge
19  at the petitioner's trial, if any, shall rule on the
20  petition to expunge or seal as set forth in this
21  subsection (d)(6).
22  (B) Unless the State's Attorney or prosecutor, the
23  Illinois State Police, the arresting agency, or the
24  chief legal officer files an objection to the petition
25  to expunge or seal within 60 days from the date of
26  service of the petition, the court shall enter an

 

 

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1  order granting or denying the petition.
2  (C) Notwithstanding any other provision of law,
3  the court shall not deny a petition for sealing under
4  this Section because the petitioner has not satisfied
5  an outstanding legal financial obligation established,
6  imposed, or originated by a court, law enforcement
7  agency, or a municipal, State, county, or other unit
8  of local government, including, but not limited to,
9  any cost, assessment, fine, or fee. An outstanding
10  legal financial obligation does not include any court
11  ordered restitution to a victim under Section 5-5-6 of
12  the Unified Code of Corrections, unless the
13  restitution has been converted to a civil judgment.
14  Nothing in this subparagraph (C) waives, rescinds, or
15  abrogates a legal financial obligation or otherwise
16  eliminates or affects the right of the holder of any
17  financial obligation to pursue collection under
18  applicable federal, State, or local law.
19  (D) Notwithstanding any other provision of law,
20  the court shall not deny a petition to expunge or seal
21  under this Section because the petitioner has
22  submitted a drug test taken within 30 days before the
23  filing of the petition to expunge or seal that
24  indicates a positive test for the presence of cannabis
25  within the petitioner's body. In this subparagraph
26  (D), "cannabis" has the meaning ascribed to it in

 

 

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1  Section 3 of the Cannabis Control Act.
2  (7) Hearings. If an objection is filed, the court
3  shall set a date for a hearing and notify the petitioner
4  and all parties entitled to notice of the petition of the
5  hearing date at least 30 days prior to the hearing. Prior
6  to the hearing, the State's Attorney shall consult with
7  the Illinois State Police as to the appropriateness of the
8  relief sought in the petition to expunge or seal. At the
9  hearing, the court shall hear evidence on whether the
10  petition should or should not be granted, and shall grant
11  or deny the petition to expunge or seal the records based
12  on the evidence presented at the hearing. The court may
13  consider the following:
14  (A) the strength of the evidence supporting the
15  defendant's conviction;
16  (B) the reasons for retention of the conviction
17  records by the State;
18  (C) the petitioner's age, criminal record history,
19  and employment history;
20  (D) the period of time between the petitioner's
21  arrest on the charge resulting in the conviction and
22  the filing of the petition under this Section; and
23  (E) the specific adverse consequences the
24  petitioner may be subject to if the petition is
25  denied.
26  (8) Service of order. After entering an order to

 

 

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1  expunge or seal records, the court must provide copies of
2  the order to the Illinois State Police, in a form and
3  manner prescribed by the Illinois State Police, to the
4  petitioner, to the State's Attorney or prosecutor charged
5  with the duty of prosecuting the offense, to the arresting
6  agency, to the chief legal officer of the unit of local
7  government effecting the arrest, and to such other
8  criminal justice agencies as may be ordered by the court.
9  (9) Implementation of order.
10  (A) Upon entry of an order to expunge records
11  pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
12  both:
13  (i) the records shall be expunged (as defined
14  in subsection (a)(1)(E)) by the arresting agency,
15  the Illinois State Police, and any other agency as
16  ordered by the court, within 60 days of the date of
17  service of the order, unless a motion to vacate,
18  modify, or reconsider the order is filed pursuant
19  to paragraph (12) of subsection (d) of this
20  Section;
21  (ii) the records of the circuit court clerk
22  shall be impounded until further order of the
23  court upon good cause shown and the name of the
24  petitioner obliterated on the official index
25  required to be kept by the circuit court clerk
26  under Section 16 of the Clerks of Courts Act, but

 

 

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

 

 

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1  (iii) the records shall be impounded by the
2  Illinois State Police within 60 days of the date
3  of service of the order as ordered by the court,
4  unless a motion to vacate, modify, or reconsider
5  the order is filed pursuant to paragraph (12) of
6  subsection (d) of this Section;
7  (iv) records impounded by the Illinois State
8  Police may be disseminated by the Illinois State
9  Police only as required by law or to the arresting
10  authority, the State's Attorney, and the court
11  upon a later arrest for the same or a similar
12  offense or for the purpose of sentencing for any
13  subsequent felony, and to the Department of
14  Corrections upon conviction for any offense; and
15  (v) in response to an inquiry for such records
16  from anyone not authorized by law to access such
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-5) Upon entry of an order to expunge records
22  under subsection (e-6):
23  (i) the records shall be expunged (as defined
24  in subsection (a)(1)(E)) by the arresting agency
25  and any other agency as ordered by the court,
26  within 60 days of the date of service of the order,

 

 

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

 

 

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1  records from anyone not authorized by law to
2  access the records, the court, the Illinois State
3  Police, or the agency receiving the inquiry shall
4  reply as it does in response to inquiries when no
5  records ever existed.
6  (C) Upon entry of an order to seal records under
7  subsection (c), the arresting agency, any other agency
8  as ordered by the court, the Illinois State Police,
9  and the court shall seal the records (as defined in
10  subsection (a)(1)(K)). In response to an inquiry for
11  such records, from anyone not authorized by law to
12  access such records, the court, the Illinois State
13  Police, or the agency receiving such inquiry shall
14  reply as it does in response to inquiries when no
15  records ever existed.
16  (D) The Illinois State Police shall send written
17  notice to the petitioner of its compliance with each
18  order to expunge or seal records within 60 days of the
19  date of service of that order or, if a motion to
20  vacate, modify, or reconsider is filed, within 60 days
21  of service of the order resolving the motion, if that
22  order requires the Illinois State Police to expunge or
23  seal records. In the event of an appeal from the
24  circuit court order, the Illinois State Police shall
25  send written notice to the petitioner of its
26  compliance with an Appellate Court or Supreme Court

 

 

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1  judgment to expunge or seal records within 60 days of
2  the issuance of the court's mandate. The notice is not
3  required while any motion to vacate, modify, or
4  reconsider, or any appeal or petition for
5  discretionary appellate review, is pending.
6  (E) Upon motion, the court may order that a sealed
7  judgment or other court record necessary to
8  demonstrate the amount of any legal financial
9  obligation due and owing be made available for the
10  limited purpose of collecting any legal financial
11  obligations owed by the petitioner that were
12  established, imposed, or originated in the criminal
13  proceeding for which those records have been sealed.
14  The records made available under this subparagraph (E)
15  shall not be entered into the official index required
16  to be kept by the circuit court clerk under Section 16
17  of the Clerks of Courts Act and shall be immediately
18  re-impounded upon the collection of the outstanding
19  financial obligations.
20  (F) Notwithstanding any other provision of this
21  Section, a circuit court clerk may access a sealed
22  record for the limited purpose of collecting payment
23  for any legal financial obligations that were
24  established, imposed, or originated in the criminal
25  proceedings for which those records have been sealed.
26  (10) Fees. The Illinois State Police may charge the

 

 

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1  petitioner a fee equivalent to the cost of processing any
2  order to expunge or seal records. Notwithstanding any
3  provision of the Clerks of Courts Act to the contrary, the
4  circuit court clerk may charge a fee equivalent to the
5  cost associated with the sealing or expungement of records
6  by the circuit court clerk. From the total filing fee
7  collected for the petition to seal or expunge, the circuit
8  court clerk shall deposit $10 into the Circuit Court Clerk
9  Operation and Administrative Fund, to be used to offset
10  the costs incurred by the circuit court clerk in
11  performing the additional duties required to serve the
12  petition to seal or expunge on all parties. The circuit
13  court clerk shall collect and remit the Illinois State
14  Police portion of the fee to the State Treasurer and it
15  shall be deposited in the State Police Services Fund. If
16  the record brought under an expungement petition was
17  previously sealed under this Section, the fee for the
18  expungement petition for that same record shall be waived.
19  (11) Final Order. No court order issued under the
20  expungement or sealing provisions of this Section shall
21  become final for purposes of appeal until 30 days after
22  service of the order on the petitioner and all parties
23  entitled to notice of the petition.
24  (12) Motion to Vacate, Modify, or Reconsider. Under
25  Section 2-1203 of the Code of Civil Procedure, the
26  petitioner or any party entitled to notice may file a

 

 

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1  motion to vacate, modify, or reconsider the order granting
2  or denying the petition to expunge or seal within 60 days
3  of service of the order. If filed more than 60 days after
4  service of the order, a petition to vacate, modify, or
5  reconsider shall comply with subsection (c) of Section
6  2-1401 of the Code of Civil Procedure. Upon filing of a
7  motion to vacate, modify, or reconsider, notice of the
8  motion shall be served upon the petitioner and all parties
9  entitled to notice of the petition.
10  (13) Effect of Order. An order granting a petition
11  under the expungement or sealing provisions of this
12  Section shall not be considered void because it fails to
13  comply with the provisions of this Section or because of
14  any error asserted in a motion to vacate, modify, or
15  reconsider. The circuit court retains jurisdiction to
16  determine whether the order is voidable and to vacate,
17  modify, or reconsider its terms based on a motion filed
18  under paragraph (12) of this subsection (d).
19  (14) Compliance with Order Granting Petition to Seal
20  Records. Unless a court has entered a stay of an order
21  granting a petition to seal, all parties entitled to
22  notice of the petition must fully comply with the terms of
23  the order within 60 days of service of the order even if a
24  party is seeking relief from the order through a motion
25  filed under paragraph (12) of this subsection (d) or is
26  appealing the order.

 

 

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1  (15) Compliance with Order Granting Petition to
2  Expunge Records. While a party is seeking relief from the
3  order granting the petition to expunge through a motion
4  filed under paragraph (12) of this subsection (d) or is
5  appealing the order, and unless a court has entered a stay
6  of that order, the parties entitled to notice of the
7  petition must seal, but need not expunge, the records
8  until there is a final order on the motion for relief or,
9  in the case of an appeal, the issuance of that court's
10  mandate.
11  (16) The changes to this subsection (d) made by Public
12  Act 98-163 apply to all petitions pending on August 5,
13  2013 (the effective date of Public Act 98-163) and to all
14  orders ruling on a petition to expunge or seal on or after
15  August 5, 2013 (the effective date of Public Act 98-163).
16  (e) Whenever a person who has been convicted of an offense
17  is granted a pardon by the Governor which specifically
18  authorizes expungement, he or she may, upon verified petition
19  to the Chief Judge of the circuit where the person had been
20  convicted, any judge of the circuit designated by the Chief
21  Judge, or in counties of less than 3,000,000 inhabitants, the
22  presiding trial judge at the defendant's trial, have a court
23  order entered expunging the record of arrest from the official
24  records of the arresting authority and order that the records
25  of the circuit court clerk and the Illinois State Police be
26  sealed until further order of the court upon good cause shown

 

 

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

 

 

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

 

 

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

 

 

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1  of eligibility for expungement.
2  (f) Subject to available funding, the Illinois Department
3  of Corrections shall conduct a study of the impact of sealing,
4  especially on employment and recidivism rates, utilizing a
5  random sample of those who apply for the sealing of their
6  criminal records under Public Act 93-211. At the request of
7  the Illinois Department of Corrections, records of the
8  Illinois Department of Employment Security shall be utilized
9  as appropriate to assist in the study. The study shall not
10  disclose any data in a manner that would allow the
11  identification of any particular individual or employing unit.
12  The study shall be made available to the General Assembly no
13  later than September 1, 2010.
14  (g) Immediate Sealing.
15  (1) Applicability. Notwithstanding any other provision
16  of this Act to the contrary, and cumulative with any
17  rights to expungement or sealing of criminal records, this
18  subsection authorizes the immediate sealing of criminal
19  records of adults and of minors prosecuted as adults.
20  (2) Eligible Records. Arrests or charges not initiated
21  by arrest resulting in acquittal or dismissal with
22  prejudice, except as excluded by subsection (a)(3)(B),
23  that occur on or after January 1, 2018 (the effective date
24  of Public Act 100-282), may be sealed immediately if the
25  petition is filed with the circuit court clerk on the same
26  day and during the same hearing in which the case is

 

 

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1  disposed.
2  (3) When Records are Eligible to be Immediately
3  Sealed. Eligible records under paragraph (2) of this
4  subsection (g) may be sealed immediately after entry of
5  the final disposition of a case, notwithstanding the
6  disposition of other charges in the same case.
7  (4) Notice of Eligibility for Immediate Sealing. Upon
8  entry of a disposition for an eligible record under this
9  subsection (g), the defendant shall be informed by the
10  court of his or her right to have eligible records
11  immediately sealed and the procedure for the immediate
12  sealing of these records.
13  (5) Procedure. The following procedures apply to
14  immediate sealing under this subsection (g).
15  (A) Filing the Petition. Upon entry of the final
16  disposition of the case, the defendant's attorney may
17  immediately petition the court, on behalf of the
18  defendant, for immediate sealing of eligible records
19  under paragraph (2) of this subsection (g) that are
20  entered on or after January 1, 2018 (the effective
21  date of Public Act 100-282). The immediate sealing
22  petition may be filed with the circuit court clerk
23  during the hearing in which the final disposition of
24  the case is entered. If the defendant's attorney does
25  not file the petition for immediate sealing during the
26  hearing, the defendant may file a petition for sealing

 

 

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1  at any time as authorized under subsection (c)(3)(A).
2  (B) Contents of Petition. The immediate sealing
3  petition shall be verified and shall contain the
4  petitioner's name, date of birth, current address, and
5  for each eligible record, the case number, the date of
6  arrest if applicable, the identity of the arresting
7  authority if applicable, and other information as the
8  court may require.
9  (C) Drug Test. The petitioner shall not be
10  required to attach proof that he or she has passed a
11  drug test.
12  (D) Service of Petition. A copy of the petition
13  shall be served on the State's Attorney in open court.
14  The petitioner shall not be required to serve a copy of
15  the petition on any other agency.
16  (E) Entry of Order. The presiding trial judge
17  shall enter an order granting or denying the petition
18  for immediate sealing during the hearing in which it
19  is filed. Petitions for immediate sealing shall be
20  ruled on in the same hearing in which the final
21  disposition of the case is entered.
22  (F) Hearings. The court shall hear the petition
23  for immediate sealing on the same day and during the
24  same hearing in which the disposition is rendered.
25  (G) Service of Order. An order to immediately seal
26  eligible records shall be served in conformance with

 

 

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1  subsection (d)(8).
2  (H) Implementation of Order. An order to
3  immediately seal records shall be implemented in
4  conformance with subsections (d)(9)(C) and (d)(9)(D).
5  (I) Fees. The fee imposed by the circuit court
6  clerk and the Illinois State Police shall comply with
7  paragraph (1) of subsection (d) of this Section.
8  (J) Final Order. No court order issued under this
9  subsection (g) shall become final for purposes of
10  appeal until 30 days after service of the order on the
11  petitioner and all parties entitled to service of the
12  order in conformance with subsection (d)(8).
13  (K) Motion to Vacate, Modify, or Reconsider. Under
14  Section 2-1203 of the Code of Civil Procedure, the
15  petitioner, State's Attorney, or the Illinois State
16  Police may file a motion to vacate, modify, or
17  reconsider the order denying the petition to
18  immediately seal within 60 days of service of the
19  order. If filed more than 60 days after service of the
20  order, a petition to vacate, modify, or reconsider
21  shall comply with subsection (c) of Section 2-1401 of
22  the Code of Civil Procedure.
23  (L) Effect of Order. An order granting an
24  immediate sealing petition shall not be considered
25  void because it fails to comply with the provisions of
26  this Section or because of an error asserted in a

 

 

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1  motion to vacate, modify, or reconsider. The circuit
2  court retains jurisdiction to determine whether the
3  order is voidable, and to vacate, modify, or
4  reconsider its terms based on a motion filed under
5  subparagraph (L) of this subsection (g).
6  (M) Compliance with Order Granting Petition to
7  Seal Records. Unless a court has entered a stay of an
8  order granting a petition to immediately seal, all
9  parties entitled to service of the order must fully
10  comply with the terms of the order within 60 days of
11  service of the order.
12  (h) Sealing; trafficking victims.
13  (1) A trafficking victim as defined by paragraph (10)
14  of subsection (a) of Section 10-9 of the Criminal Code of
15  2012 shall be eligible to petition for immediate sealing
16  of his or her criminal record upon the completion of his or
17  her last sentence if his or her participation in the
18  underlying offense was a direct result of human
19  trafficking under Section 10-9 of the Criminal Code of
20  2012 or a severe form of trafficking under the federal
21  Trafficking Victims Protection Act.
22  (2) A petitioner under this subsection (h), in
23  addition to the requirements provided under paragraph (4)
24  of subsection (d) of this Section, shall include in his or
25  her petition a clear and concise statement that: (A) he or
26  she was a victim of human trafficking at the time of the

 

 

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1  offense; and (B) that his or her participation in the
2  offense was a direct result of human trafficking under
3  Section 10-9 of the Criminal Code of 2012 or a severe form
4  of trafficking under the federal Trafficking Victims
5  Protection Act.
6  (3) If an objection is filed alleging that the
7  petitioner is not entitled to immediate sealing under this
8  subsection (h), the court shall conduct a hearing under
9  paragraph (7) of subsection (d) of this Section and the
10  court shall determine whether the petitioner is entitled
11  to immediate sealing under this subsection (h). A
12  petitioner is eligible for immediate relief under this
13  subsection (h) if he or she shows, by a preponderance of
14  the evidence, that: (A) he or she was a victim of human
15  trafficking at the time of the offense; and (B) that his or
16  her participation in the offense was a direct result of
17  human trafficking under Section 10-9 of the Criminal Code
18  of 2012 or a severe form of trafficking under the federal
19  Trafficking Victims Protection Act.
20  (i) Minor Cannabis Offenses under the Cannabis Control
21  Act.
22  (1) Expungement of Arrest Records of Minor Cannabis
23  Offenses.
24  (A) The Illinois State Police and all law
25  enforcement agencies within the State shall
26  automatically expunge all criminal history records of

 

 

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1  an arrest, charge not initiated by arrest, order of
2  supervision, or order of qualified probation for a
3  Minor Cannabis Offense committed prior to June 25,
4  2019 (the effective date of Public Act 101-27) if:
5  (i) One year or more has elapsed since the
6  date of the arrest or law enforcement interaction
7  documented in the records; and
8  (ii) No criminal charges were filed relating
9  to the arrest or law enforcement interaction or
10  criminal charges were filed and subsequently
11  dismissed or vacated or the arrestee was
12  acquitted.
13  (B) If the law enforcement agency is unable to
14  verify satisfaction of condition (ii) in paragraph
15  (A), records that satisfy condition (i) in paragraph
16  (A) shall be automatically expunged.
17  (C) Records shall be expunged by the law
18  enforcement agency under the following timelines:
19  (i) Records created prior to June 25, 2019
20  (the effective date of Public Act 101-27), but on
21  or after January 1, 2013, shall be automatically
22  expunged prior to January 1, 2021;
23  (ii) Records created prior to January 1, 2013,
24  but on or after January 1, 2000, shall be
25  automatically expunged prior to January 1, 2023;
26  (iii) Records created prior to January 1, 2000

 

 

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1  shall be automatically expunged prior to January
2  1, 2025.
3  In response to an inquiry for expunged records,
4  the law enforcement agency receiving such inquiry
5  shall reply as it does in response to inquiries when no
6  records ever existed; however, it shall provide a
7  certificate of disposition or confirmation that the
8  record was expunged to the individual whose record was
9  expunged if such a record exists.
10  (D) Nothing in this Section shall be construed to
11  restrict or modify an individual's right to have that
12  individual's records expunged except as otherwise may
13  be provided in this Act, or diminish or abrogate any
14  rights or remedies otherwise available to the
15  individual.
16  (2) Pardons Authorizing Expungement of Minor Cannabis
17  Offenses.
18  (A) Upon June 25, 2019 (the effective date of
19  Public Act 101-27), the Department of State Police
20  shall review all criminal history record information
21  and identify all records that meet all of the
22  following criteria:
23  (i) one or more convictions for a Minor
24  Cannabis Offense;
25  (ii) the conviction identified in paragraph
26  (2)(A)(i) did not include a penalty enhancement

 

 

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1  under Section 7 of the Cannabis Control Act; and
2  (iii) the conviction identified in paragraph
3  (2)(A)(i) is not associated with a conviction for
4  a violent crime as defined in subsection (c) of
5  Section 3 of the Rights of Crime Victims and
6  Witnesses Act.
7  (B) Within 180 days after June 25, 2019 (the
8  effective date of Public Act 101-27), the Department
9  of State Police shall notify the Prisoner Review Board
10  of all such records that meet the criteria established
11  in paragraph (2)(A).
12  (i) The Prisoner Review Board shall notify the
13  State's Attorney of the county of conviction of
14  each record identified by State Police in
15  paragraph (2)(A) that is classified as a Class 4
16  felony. The State's Attorney may provide a written
17  objection to the Prisoner Review Board on the sole
18  basis that the record identified does not meet the
19  criteria established in paragraph (2)(A). Such an
20  objection must be filed within 60 days or by such
21  later date set by the Prisoner Review Board in the
22  notice after the State's Attorney received notice
23  from the Prisoner Review Board.
24  (ii) In response to a written objection from a
25  State's Attorney, the Prisoner Review Board is
26  authorized to conduct a non-public hearing to

 

 

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1  evaluate the information provided in the
2  objection.
3  (iii) The Prisoner Review Board shall make a
4  confidential and privileged recommendation to the
5  Governor as to whether to grant a pardon
6  authorizing expungement for each of the records
7  identified by the Department of State Police as
8  described in paragraph (2)(A).
9  (C) If an individual has been granted a pardon
10  authorizing expungement as described in this Section,
11  the Prisoner Review Board, through the Attorney
12  General, shall file a petition for expungement with
13  the Chief Judge of the circuit or any judge of the
14  circuit designated by the Chief Judge where the
15  individual had been convicted. Such petition may
16  include more than one individual. Whenever an
17  individual who has been convicted of an offense is
18  granted a pardon by the Governor that specifically
19  authorizes expungement, an objection to the petition
20  may not be filed. Petitions to expunge under this
21  subsection (i) may include more than one individual.
22  Within 90 days of the filing of such a petition, the
23  court shall enter an order expunging the records of
24  arrest from the official records of the arresting
25  authority and order that the records of the circuit
26  court clerk and the Illinois State Police be expunged

 

 

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1  and the name of the defendant obliterated from the
2  official index requested to be kept by the circuit
3  court clerk under Section 16 of the Clerks of Courts
4  Act in connection with the arrest and conviction for
5  the offense for which the individual had received a
6  pardon but the order shall not affect any index issued
7  by the circuit court clerk before the entry of the
8  order. Upon entry of the order of expungement, the
9  circuit court clerk shall promptly provide a copy of
10  the order and a certificate of disposition to the
11  individual who was pardoned to the individual's last
12  known address or by electronic means (if available) or
13  otherwise make it available to the individual upon
14  request.
15  (D) Nothing in this Section is intended to
16  diminish or abrogate any rights or remedies otherwise
17  available to the individual.
18  (3) Any individual may file a motion to vacate and
19  expunge a conviction for a misdemeanor or Class 4 felony
20  violation of Section 4 or Section 5 of the Cannabis
21  Control Act. Motions to vacate and expunge under this
22  subsection (i) may be filed with the circuit court, Chief
23  Judge of a judicial circuit or any judge of the circuit
24  designated by the Chief Judge. The circuit court clerk
25  shall promptly serve a copy of the motion to vacate and
26  expunge, and any supporting documentation, on the State's

 

 

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1  Attorney or prosecutor charged with the duty of
2  prosecuting the offense. When considering such a motion to
3  vacate and expunge, a court shall consider the following:
4  the reasons to retain the records provided by law
5  enforcement, the petitioner's age, the petitioner's age at
6  the time of offense, the time since the conviction, and
7  the specific adverse consequences if denied. An individual
8  may file such a petition after the completion of any
9  non-financial sentence or non-financial condition imposed
10  by the conviction. Within 60 days of the filing of such
11  motion, a State's Attorney may file an objection to such a
12  petition along with supporting evidence. If a motion to
13  vacate and expunge is granted, the records shall be
14  expunged in accordance with subparagraphs (d)(8) and
15  (d)(9)(A) of this Section. An agency providing civil legal
16  aid, as defined by Section 15 of the Public Interest
17  Attorney Assistance Act, assisting individuals seeking to
18  file a motion to vacate and expunge under this subsection
19  may file motions to vacate and expunge with the Chief
20  Judge of a judicial circuit or any judge of the circuit
21  designated by the Chief Judge, and the motion may include
22  more than one individual. Motions filed by an agency
23  providing civil legal aid concerning more than one
24  individual may be prepared, presented, and signed
25  electronically.
26  (4) Any State's Attorney may file a motion to vacate

 

 

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1  and expunge a conviction for a misdemeanor or Class 4
2  felony violation of Section 4 or Section 5 of the Cannabis
3  Control Act. Motions to vacate and expunge under this
4  subsection (i) may be filed with the circuit court, Chief
5  Judge of a judicial circuit or any judge of the circuit
6  designated by the Chief Judge, and may include more than
7  one individual. Motions filed by a State's Attorney
8  concerning more than one individual may be prepared,
9  presented, and signed electronically. When considering
10  such a motion to vacate and expunge, a court shall
11  consider the following: the reasons to retain the records
12  provided by law enforcement, the individual's age, the
13  individual's age at the time of offense, the time since
14  the conviction, and the specific adverse consequences if
15  denied. Upon entry of an order granting a motion to vacate
16  and expunge records pursuant to this Section, the State's
17  Attorney shall notify the Prisoner Review Board within 30
18  days. Upon entry of the order of expungement, the circuit
19  court clerk shall promptly provide a copy of the order and
20  a certificate of disposition to the individual whose
21  records will be expunged to the individual's last known
22  address or by electronic means (if available) or otherwise
23  make available to the individual upon request. If a motion
24  to vacate and expunge is granted, the records shall be
25  expunged in accordance with subparagraphs (d)(8) and
26  (d)(9)(A) of this Section.

 

 

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1  (5) In the public interest, the State's Attorney of a
2  county has standing to file motions to vacate and expunge
3  pursuant to this Section in the circuit court with
4  jurisdiction over the underlying conviction.
5  (6) If a person is arrested for a Minor Cannabis
6  Offense as defined in this Section before June 25, 2019
7  (the effective date of Public Act 101-27) and the person's
8  case is still pending but a sentence has not been imposed,
9  the person may petition the court in which the charges are
10  pending for an order to summarily dismiss those charges
11  against him or her, and expunge all official records of
12  his or her arrest, plea, trial, conviction, incarceration,
13  supervision, or expungement. If the court determines, upon
14  review, that: (A) the person was arrested before June 25,
15  2019 (the effective date of Public Act 101-27) for an
16  offense that has been made eligible for expungement; (B)
17  the case is pending at the time; and (C) the person has not
18  been sentenced of the minor cannabis violation eligible
19  for expungement under this subsection, the court shall
20  consider the following: the reasons to retain the records
21  provided by law enforcement, the petitioner's age, the
22  petitioner's age at the time of offense, the time since
23  the conviction, and the specific adverse consequences if
24  denied. If a motion to dismiss and expunge is granted, the
25  records shall be expunged in accordance with subparagraph
26  (d)(9)(A) of this Section.

 

 

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1  (7) A person imprisoned solely as a result of one or
2  more convictions for Minor Cannabis Offenses under this
3  subsection (i) shall be released from incarceration upon
4  the issuance of an order under this subsection.
5  (8) The Illinois State Police shall allow a person to
6  use the access and review process, established in the
7  Illinois State Police, for verifying that his or her
8  records relating to Minor Cannabis Offenses of the
9  Cannabis Control Act eligible under this Section have been
10  expunged.
11  (9) No conviction vacated pursuant to this Section
12  shall serve as the basis for damages for time unjustly
13  served as provided in the Court of Claims Act.
14  (10) Effect of Expungement. A person's right to
15  expunge an expungeable offense shall not be limited under
16  this Section. The effect of an order of expungement shall
17  be to restore the person to the status he or she occupied
18  before the arrest, charge, or conviction.
19  (11) Information. The Illinois State Police shall post
20  general information on its website about the expungement
21  process described in this subsection (i).
22  (j) Felony Prostitution Convictions.
23  (1) Any individual may file a motion to vacate and
24  expunge a conviction for a prior Class 4 felony violation
25  of prostitution. Motions to vacate and expunge under this
26  subsection (j) may be filed with the circuit court, Chief

 

 

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1  Judge of a judicial circuit, or any judge of the circuit
2  designated by the Chief Judge. When considering the motion
3  to vacate and expunge, a court shall consider the
4  following:
5  (A) the reasons to retain the records provided by
6  law enforcement;
7  (B) the petitioner's age;
8  (C) the petitioner's age at the time of offense;
9  and
10  (D) the time since the conviction, and the
11  specific adverse consequences if denied. An individual
12  may file the petition after the completion of any
13  sentence or condition imposed by the conviction.
14  Within 60 days of the filing of the motion, a State's
15  Attorney may file an objection to the petition along
16  with supporting evidence. If a motion to vacate and
17  expunge is granted, the records shall be expunged in
18  accordance with subparagraph (d)(9)(A) of this
19  Section. An agency providing civil legal aid, as
20  defined in Section 15 of the Public Interest Attorney
21  Assistance Act, assisting individuals seeking to file
22  a motion to vacate and expunge under this subsection
23  may file motions to vacate and expunge with the Chief
24  Judge of a judicial circuit or any judge of the circuit
25  designated by the Chief Judge, and the motion may
26  include more than one individual.

 

 

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1  (2) Any State's Attorney may file a motion to vacate
2  and expunge a conviction for a Class 4 felony violation of
3  prostitution. Motions to vacate and expunge under this
4  subsection (j) may be filed with the circuit court, Chief
5  Judge of a judicial circuit, or any judge of the circuit
6  court designated by the Chief Judge, and may include more
7  than one individual. When considering the motion to vacate
8  and expunge, a court shall consider the following reasons:
9  (A) the reasons to retain the records provided by
10  law enforcement;
11  (B) the petitioner's age;
12  (C) the petitioner's age at the time of offense;
13  (D) the time since the conviction; and
14  (E) the specific adverse consequences if denied.
15  If the State's Attorney files a motion to vacate and
16  expunge records for felony prostitution convictions
17  pursuant to this Section, the State's Attorney shall
18  notify the Prisoner Review Board within 30 days of the
19  filing. If a motion to vacate and expunge is granted, the
20  records shall be expunged in accordance with subparagraph
21  (d)(9)(A) of this Section.
22  (3) In the public interest, the State's Attorney of a
23  county has standing to file motions to vacate and expunge
24  pursuant to this Section in the circuit court with
25  jurisdiction over the underlying conviction.
26  (4) The Illinois State Police shall allow a person to

 

 

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1  a use the access and review process, established in the
2  Illinois State Police, for verifying that his or her
3  records relating to felony prostitution eligible under
4  this Section have been expunged.
5  (5) No conviction vacated pursuant to this Section
6  shall serve as the basis for damages for time unjustly
7  served as provided in the Court of Claims Act.
8  (6) Effect of Expungement. A person's right to expunge
9  an expungeable offense shall not be limited under this
10  Section. The effect of an order of expungement shall be to
11  restore the person to the status he or she occupied before
12  the arrest, charge, or conviction.
13  (7) Information. The Illinois State Police shall post
14  general information on its website about the expungement
15  process described in this subsection (j).
16  (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
17  101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
18  12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
19  102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
20  5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)

 

 

  HB3321 - 53 - LRB103 30253 AWJ 56681 b