Illinois House Bill HB5023 Introduced / Bill

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5023 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2735 ILCS 5/9-121 Amends the Code of Civil Procedure. Provides that in the Eviction Article the term "impounded" has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term "seal" with "impound". Amends the Criminal Identification Act to make conforming changes. LRB103 37573 JRC 67699 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5023 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:  20 ILCS 2630/5.2735 ILCS 5/9-121 20 ILCS 2630/5.2  735 ILCS 5/9-121  Amends the Code of Civil Procedure. Provides that in the Eviction Article the term "impounded" has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term "seal" with "impound". Amends the Criminal Identification Act to make conforming changes.  LRB103 37573 JRC 67699 b     LRB103 37573 JRC 67699 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5023 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
20 ILCS 2630/5.2735 ILCS 5/9-121 20 ILCS 2630/5.2  735 ILCS 5/9-121
20 ILCS 2630/5.2
735 ILCS 5/9-121
Amends the Code of Civil Procedure. Provides that in the Eviction Article the term "impounded" has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term "seal" with "impound". Amends the Criminal Identification Act to make conforming changes.
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    LRB103 37573 JRC 67699 b
A BILL FOR
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1  AN ACT concerning civil law.
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 HB5023 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
20 ILCS 2630/5.2735 ILCS 5/9-121 20 ILCS 2630/5.2  735 ILCS 5/9-121
20 ILCS 2630/5.2
735 ILCS 5/9-121
Amends the Code of Civil Procedure. Provides that in the Eviction Article the term "impounded" has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term "seal" with "impound". Amends the Criminal Identification Act to make conforming changes.
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    LRB103 37573 JRC 67699 b
A BILL FOR

 

 

20 ILCS 2630/5.2
735 ILCS 5/9-121



    LRB103 37573 JRC 67699 b

 

 



 

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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  (E-5) As used in this Section, "impounded" has the
17  same meaning as in paragraph (2) of subsection (b) of
18  Section 5 of the Court Record and Document
19  Accessibility Act.
20  (F) As used in this Section, "last sentence" means
21  the sentence, order of supervision, or order of
22  qualified probation (as defined by subsection
23  (a)(1)(J)), for a criminal offense (as defined by
24  subsection (a)(1)(D)) that terminates last in time in
25  any jurisdiction, regardless of whether the petitioner
26  has included the criminal offense for which the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1  (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
2  26-5, or 48-1 of the Criminal Code of 1961 or the
3  Criminal Code of 2012, or a similar provision of a
4  local ordinance;
5  (iii) Section 12-3.1 or 12-3.2 of the Criminal
6  Code of 1961 or the Criminal Code of 2012, or
7  Section 125 of the Stalking No Contact Order Act,
8  or Section 219 of the Civil No Contact Order Act,
9  or a similar provision of a local 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  (b) Expungement.
17  (1) A petitioner may petition the circuit court to
18  expunge the records of his or her arrests and charges not
19  initiated by arrest when each arrest or charge not
20  initiated by arrest sought to be expunged resulted in: (i)
21  acquittal, dismissal, or the petitioner's release without
22  charging, unless excluded by subsection (a)(3)(B); (ii) a
23  conviction which was vacated or reversed, unless excluded
24  by subsection (a)(3)(B); (iii) an order of supervision and
25  such supervision was successfully completed by the
26  petitioner, unless excluded by subsection (a)(3)(A) or

 

 

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

 

 

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

 

 

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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 impounded sealed until further order of the court
24  upon good 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  impound seal the records of the circuit court clerk in
16  connection with the proceedings of the trial court
17  concerning that offense. However, the records of the
18  arresting authority and the Illinois State Police
19  concerning the offense shall not be sealed. The court,
20  upon good cause shown, shall make the records of the
21  circuit court clerk in connection with the proceedings of
22  the trial court concerning the offense available for
23  public inspection.
24  (6) If a conviction has been set aside on direct
25  review or on collateral attack and the court determines by
26  clear and convincing evidence that the petitioner was

 

 

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

 

 

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1  of the Code of Civil Procedure.
2  (c) Sealing.
3  (1) Applicability. Notwithstanding any other provision
4  of this Act to the contrary, and cumulative with any
5  rights to expungement of criminal records, this subsection
6  authorizes the sealing of criminal records of adults and
7  of minors prosecuted as adults. Subsection (g) of this
8  Section provides for immediate sealing of certain records.
9  (2) Eligible Records. The following records may be
10  sealed:
11  (A) All arrests resulting in release without
12  charging;
13  (B) Arrests or charges not initiated by arrest
14  resulting in acquittal, dismissal, or conviction when
15  the conviction was reversed or vacated, except as
16  excluded by subsection (a)(3)(B);
17  (C) Arrests or charges not initiated by arrest
18  resulting in orders of supervision, including orders
19  of supervision for municipal ordinance violations,
20  successfully completed by the petitioner, unless
21  excluded by subsection (a)(3);
22  (D) Arrests or charges not initiated by arrest
23  resulting in convictions, including convictions on
24  municipal ordinance violations, unless excluded by
25  subsection (a)(3);
26  (E) Arrests or charges not initiated by arrest

 

 

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1  resulting in orders of first offender probation under
2  Section 10 of the Cannabis Control Act, Section 410 of
3  the Illinois Controlled Substances Act, Section 70 of
4  the Methamphetamine Control and Community Protection
5  Act, or Section 5-6-3.3 of the Unified Code of
6  Corrections; and
7  (F) Arrests or charges not initiated by arrest
8  resulting in felony convictions unless otherwise
9  excluded by subsection (a) paragraph (3) of this
10  Section.
11  (3) When Records Are Eligible to Be Sealed. Records
12  identified as eligible under subsection (c)(2) may be
13  sealed as follows:
14  (A) Records identified as eligible under
15  subsections (c)(2)(A) and (c)(2)(B) may be sealed at
16  any time.
17  (B) Except as otherwise provided in subparagraph
18  (E) of this paragraph (3), records identified as
19  eligible under subsection (c)(2)(C) may be sealed 2
20  years after the termination of petitioner's last
21  sentence (as defined in subsection (a)(1)(F)).
22  (C) Except as otherwise provided in subparagraph
23  (E) of this paragraph (3), records identified as
24  eligible under subsections (c)(2)(D), (c)(2)(E), and
25  (c)(2)(F) may be sealed 3 years after the termination
26  of the petitioner's last sentence (as defined in

 

 

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

 

 

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1  (4) Subsequent felony convictions. A person may not
2  have subsequent felony conviction records sealed as
3  provided in this subsection (c) if he or she is convicted
4  of any felony offense after the date of the sealing of
5  prior felony convictions as provided in this subsection
6  (c). The court may, upon conviction for a subsequent
7  felony offense, order the unsealing of prior felony
8  conviction records previously ordered sealed by the court.
9  (5) Notice of eligibility for sealing. Upon entry of a
10  disposition for an eligible record under this subsection
11  (c), the petitioner shall be informed by the court of the
12  right to have the records sealed and the procedures for
13  the sealing of the records.
14  (d) Procedure. The following procedures apply to
15  expungement under subsections (b), (e), and (e-6) and sealing
16  under subsections (c) and (e-5):
17  (1) Filing the petition. Upon becoming eligible to
18  petition for the expungement or sealing of records under
19  this Section, the petitioner shall file a petition
20  requesting the expungement or sealing of records with the
21  clerk of the court where the arrests occurred or the
22  charges were brought, or both. If arrests occurred or
23  charges were brought in multiple jurisdictions, a petition
24  must be filed in each such jurisdiction. The petitioner
25  shall pay the applicable fee, except no fee shall be
26  required if the petitioner has obtained a court order

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1  petitioner, to the State's Attorney or prosecutor charged
2  with the duty of prosecuting the offense, to the arresting
3  agency, to the chief legal officer of the unit of local
4  government effecting the arrest, and to such other
5  criminal justice agencies as may be ordered by the court.
6  (9) Implementation of order.
7  (A) Upon entry of an order to expunge records
8  pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
9  both:
10  (i) the records shall be expunged (as defined
11  in subsection (a)(1)(E)) by the arresting agency,
12  the Illinois State Police, and any other agency as
13  ordered by the court, within 60 days of the date of
14  service of the order, unless a motion to vacate,
15  modify, or reconsider the order is filed pursuant
16  to paragraph (12) of subsection (d) of this
17  Section;
18  (ii) the records of the circuit court clerk
19  shall be impounded until further order of the
20  court upon good cause shown and the name of the
21  petitioner obliterated on the official index
22  required to be kept by the circuit court clerk
23  under Section 16 of the Clerks of Courts Act, but
24  the order shall not affect any index issued by the
25  circuit court clerk before the entry of the order;
26  and

 

 

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1  (iii) in response to an inquiry for expunged
2  records, the court, the Illinois State Police, or
3  the agency receiving such inquiry, shall reply as
4  it does in response to inquiries when no records
5  ever existed.
6  (B) Upon entry of an order to expunge records
7  pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
8  both:
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 pursuant to 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 pursuant to 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 such records
13  from anyone not authorized by law to access such
14  records, the court, the Illinois State Police, or
15  the agency receiving such inquiry shall reply as
16  it does in response to inquiries when no records
17  ever existed.
18  (B-5) Upon entry of an order to expunge records
19  under subsection (e-6):
20  (i) the records shall be expunged (as defined
21  in subsection (a)(1)(E)) by the arresting agency
22  and any other agency as ordered by the court,
23  within 60 days of the date of service of the order,
24  unless a motion to vacate, modify, or reconsider
25  the order is filed under paragraph (12) of
26  subsection (d) of this Section;

 

 

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

 

 

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

 

 

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

 

 

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1  circuit court clerk may charge a fee equivalent to the
2  cost associated with the sealing or expungement of records
3  by the circuit court clerk. From the total filing fee
4  collected for the petition to seal or expunge, the circuit
5  court clerk shall deposit $10 into the Circuit Court Clerk
6  Operation and Administrative Fund, to be used to offset
7  the costs incurred by the circuit court clerk in
8  performing the additional duties required to serve the
9  petition to seal or expunge on all parties. The circuit
10  court clerk shall collect and remit the Illinois State
11  Police portion of the fee to the State Treasurer and it
12  shall be deposited in the State Police Services Fund. If
13  the record brought under an expungement petition was
14  previously sealed under this Section, the fee for the
15  expungement petition for that same record shall be waived.
16  (11) Final Order. No court order issued under the
17  expungement or sealing provisions of this Section shall
18  become final for purposes of appeal until 30 days after
19  service of the order on the petitioner and all parties
20  entitled to notice of the petition.
21  (12) Motion to Vacate, Modify, or Reconsider. Under
22  Section 2-1203 of the Code of Civil Procedure, the
23  petitioner or any party entitled to notice may file a
24  motion to vacate, modify, or reconsider the order granting
25  or denying the petition to expunge or seal within 60 days
26  of service of the order. If filed more than 60 days after

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1  reconsider its terms based on a motion filed under
2  subparagraph (L) of this subsection (g).
3  (M) Compliance with Order Granting Petition to
4  Seal Records. Unless a court has entered a stay of an
5  order granting a petition to immediately seal, all
6  parties entitled to service of the order must fully
7  comply with the terms of the order within 60 days of
8  service of the order.
9  (h) Sealing or vacation and expungement of trafficking
10  victims' crimes.
11  (1) A trafficking victim, as defined by paragraph (10)
12  of subsection (a) of Section 10-9 of the Criminal Code of
13  2012, may petition for vacation and expungement or
14  immediate sealing of his or her criminal record upon the
15  completion of his or her last sentence if his or her
16  participation in the underlying offense was a 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  (1.5) A petition under paragraph (1) shall be
21  prepared, signed, and filed in accordance with Supreme
22  Court Rule 9. The court may allow the petitioner to attend
23  any required hearing remotely in accordance with local
24  rules. The court may allow a petition to be filed under
25  seal if the public filing of the petition would constitute
26  a risk of harm to the petitioner.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1  later date set by the Prisoner Review Board in the
2  notice after the State's Attorney received notice
3  from the Prisoner Review Board.
4  (ii) In response to a written objection from a
5  State's Attorney, the Prisoner Review Board is
6  authorized to conduct a non-public hearing to
7  evaluate the information provided in the
8  objection.
9  (iii) The Prisoner Review Board shall make a
10  confidential and privileged recommendation to the
11  Governor as to whether to grant a pardon
12  authorizing expungement for each of the records
13  identified by the Department of State Police as
14  described in paragraph (2)(A).
15  (C) If an individual has been granted a pardon
16  authorizing expungement as described in this Section,
17  the Prisoner Review Board, through the Attorney
18  General, shall file a petition for expungement with
19  the Chief Judge of the circuit or any judge of the
20  circuit designated by the Chief Judge where the
21  individual had been convicted. Such petition may
22  include more than one individual. Whenever an
23  individual who has been convicted of an offense is
24  granted a pardon by the Governor that specifically
25  authorizes expungement, an objection to the petition
26  may not be filed. Petitions to expunge under this

 

 

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1  subsection (i) may include more than one individual.
2  Within 90 days of the filing of such a petition, the
3  court shall enter an order expunging the records of
4  arrest from the official records of the arresting
5  authority and order that the records of the circuit
6  court clerk and the Illinois State Police be expunged
7  and the name of the defendant obliterated from the
8  official index requested to be kept by the circuit
9  court clerk under Section 16 of the Clerks of Courts
10  Act in connection with the arrest and conviction for
11  the offense for which the individual had received a
12  pardon but the order shall not affect any index issued
13  by the circuit court clerk before the entry of the
14  order. Upon entry of the order of expungement, the
15  circuit court clerk shall promptly provide a copy of
16  the order and a certificate of disposition to the
17  individual who was pardoned to the individual's last
18  known address or by electronic means (if available) or
19  otherwise make it available to the individual upon
20  request.
21  (D) Nothing in this Section is intended to
22  diminish or abrogate any rights or remedies otherwise
23  available to the individual.
24  (3) Any individual may file a motion to vacate and
25  expunge a conviction for a misdemeanor or Class 4 felony
26  violation of Section 4 or Section 5 of the Cannabis

 

 

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

 

 

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

 

 

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

 

 

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1  provided by law enforcement, the petitioner's age, the
2  petitioner's age at the time of offense, the time since
3  the conviction, and the specific adverse consequences if
4  denied. If a motion to dismiss and expunge is granted, the
5  records shall be expunged in accordance with subparagraph
6  (d)(9)(A) of this Section.
7  (7) A person imprisoned solely as a result of one or
8  more convictions for Minor Cannabis Offenses under this
9  subsection (i) shall be released from incarceration upon
10  the issuance of an order under this subsection.
11  (8) The Illinois State Police shall allow a person to
12  use the access and review process, established in the
13  Illinois State Police, for verifying that his or her
14  records relating to Minor Cannabis Offenses of the
15  Cannabis Control Act eligible under this Section have been
16  expunged.
17  (9) 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  (10) Effect of Expungement. A person's right to
21  expunge an expungeable offense shall not be limited under
22  this Section. The effect of an order of expungement shall
23  be to restore the person to the status he or she occupied
24  before the arrest, charge, or conviction.
25  (11) 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 (i).
2  (j) Felony Prostitution Convictions.
3  (1) Any individual may file a motion to vacate and
4  expunge a conviction for a prior Class 4 felony violation
5  of prostitution. Motions to vacate and expunge under this
6  subsection (j) may be filed with the circuit court, Chief
7  Judge of a judicial circuit, or any judge of the circuit
8  designated by the Chief Judge. When considering the motion
9  to vacate and expunge, a court shall consider the
10  following:
11  (A) the reasons to retain the records provided by
12  law enforcement;
13  (B) the petitioner's age;
14  (C) the petitioner's age at the time of offense;
15  and
16  (D) the time since the conviction, and the
17  specific adverse consequences if denied. An individual
18  may file the petition after the completion of any
19  sentence or condition imposed by the conviction.
20  Within 60 days of the filing of the motion, a State's
21  Attorney may file an objection to the petition along
22  with supporting evidence. If a motion to vacate and
23  expunge is granted, the records shall be expunged in
24  accordance with subparagraph (d)(9)(A) of this
25  Section. An agency providing civil legal aid, as
26  defined in Section 15 of the Public Interest Attorney

 

 

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

 

 

  HB5023 - 52 - LRB103 37573 JRC 67699 b


HB5023- 53 -LRB103 37573 JRC 67699 b   HB5023 - 53 - LRB103 37573 JRC 67699 b
  HB5023 - 53 - LRB103 37573 JRC 67699 b
1  (d)(9)(A) of this Section.
2  (3) In the public interest, the State's Attorney of a
3  county has standing to file motions to vacate and expunge
4  pursuant to this Section in the circuit court with
5  jurisdiction over the underlying conviction.
6  (4) The Illinois State Police shall allow a person to
7  a use the access and review process, established in the
8  Illinois State Police, for verifying that his or her
9  records relating to felony prostitution eligible under
10  this Section have been expunged.
11  (5) 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  (6) Effect of Expungement. A person's right to expunge
15  an expungeable offense shall not be limited under this
16  Section. The effect of an order of expungement shall be to
17  restore the person to the status he or she occupied before
18  the arrest, charge, or conviction.
19  (7) Information. The Illinois State Police shall post
20  general information on its website about the expungement
21  process described in this subsection (j).
22  (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
23  102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
24  1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
25  Section 10. The Code of Civil Procedure is amended by

 

 

  HB5023 - 53 - LRB103 37573 JRC 67699 b


HB5023- 54 -LRB103 37573 JRC 67699 b   HB5023 - 54 - LRB103 37573 JRC 67699 b
  HB5023 - 54 - LRB103 37573 JRC 67699 b
1  changing Section 9-121 as follows:

 

 

  HB5023 - 54 - LRB103 37573 JRC 67699 b