104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1955 Introduced 2/6/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2705 ILCS 86/5735 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" and provides that a court may order that a file may be impounded by agreement of the parties. In the expungement provisions of the Criminal Identification Act, modifies the definitions of "expunge" and "seal" and removes a definition of "impounded". Makes conforming changes, including in the Court Record and Document Accessibility Act. Changes "court" to "circuit court clerk" relating to some court duties. LRB104 08570 RTM 18622 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1955 Introduced 2/6/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 20 ILCS 2630/5.2705 ILCS 86/5735 ILCS 5/9-121 20 ILCS 2630/5.2 705 ILCS 86/5 735 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" and provides that a court may order that a file may be impounded by agreement of the parties. In the expungement provisions of the Criminal Identification Act, modifies the definitions of "expunge" and "seal" and removes a definition of "impounded". Makes conforming changes, including in the Court Record and Document Accessibility Act. Changes "court" to "circuit court clerk" relating to some court duties. LRB104 08570 RTM 18622 b LRB104 08570 RTM 18622 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1955 Introduced 2/6/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
20 ILCS 2630/5.2705 ILCS 86/5735 ILCS 5/9-121 20 ILCS 2630/5.2 705 ILCS 86/5 735 ILCS 5/9-121
20 ILCS 2630/5.2
705 ILCS 86/5
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" and provides that a court may order that a file may be impounded by agreement of the parties. In the expungement provisions of the Criminal Identification Act, modifies the definitions of "expunge" and "seal" and removes a definition of "impounded". Makes conforming changes, including in the Court Record and Document Accessibility Act. Changes "court" to "circuit court clerk" relating to some court duties.
LRB104 08570 RTM 18622 b LRB104 08570 RTM 18622 b
LRB104 08570 RTM 18622 b
A BILL FOR
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SB1955 LRB104 08570 RTM 18622 b
1 AN ACT concerning local 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.
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1955 Introduced 2/6/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
20 ILCS 2630/5.2705 ILCS 86/5735 ILCS 5/9-121 20 ILCS 2630/5.2 705 ILCS 86/5 735 ILCS 5/9-121
20 ILCS 2630/5.2
705 ILCS 86/5
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" and provides that a court may order that a file may be impounded by agreement of the parties. In the expungement provisions of the Criminal Identification Act, modifies the definitions of "expunge" and "seal" and removes a definition of "impounded". Makes conforming changes, including in the Court Record and Document Accessibility Act. Changes "court" to "circuit court clerk" relating to some court duties.
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A BILL FOR
20 ILCS 2630/5.2
705 ILCS 86/5
735 ILCS 5/9-121
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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 (i) has the same meaning as in paragraph (5)
17 of subsection (b) of Section 5 of the Court Record
18 and Document Accessibility Act for circuit court
19 clerks. Nothing in this Act or the Court Record
20 and Document Accessibility Act shall require the
21 physical destruction of the circuit court clerk
22 file. The petitioner's name shall be obliterated
23 from the official index required to be kept by the
24 circuit court clerk under Section 16 of the Clerks
25 of Courts Act, but the order shall not affect any
26 index issued by the circuit court clerk before the
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1 entry of the order to expunge; or
2 (ii) means to physically destroy the records
3 or return them to the petitioner and to obliterate
4 the petitioner's name from any official index or
5 public record, or both for the arresting agency,
6 the Illinois State Police, and any other agency as
7 so ordered by the court not covered in subsection
8 (a)(1)(E)(i).
9 (F) As used in this Section, "last sentence" means
10 the sentence, order of supervision, or order of
11 qualified probation (as defined by subsection
12 (a)(1)(J)), for a criminal offense (as defined by
13 subsection (a)(1)(D)) that terminates last in time in
14 any jurisdiction, regardless of whether the petitioner
15 has included the criminal offense for which the
16 sentence or order of supervision or qualified
17 probation was imposed in his or her petition. If
18 multiple sentences, orders of supervision, or orders
19 of qualified probation terminate on the same day and
20 are last in time, they shall be collectively
21 considered the "last sentence" regardless of whether
22 they were ordered to run concurrently.
23 (G) "Minor traffic offense" means a petty offense,
24 business offense, or Class C misdemeanor under the
25 Illinois Vehicle Code or a similar provision of a
26 municipal or local ordinance.
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1 (G-5) "Minor Cannabis Offense" means a violation
2 of Section 4 or 5 of the Cannabis Control Act
3 concerning not more than 30 grams of any substance
4 containing cannabis, provided the violation did not
5 include a penalty enhancement under Section 7 of the
6 Cannabis Control Act and is not associated with an
7 arrest, conviction or other disposition for a violent
8 crime as defined in subsection (c) of Section 3 of the
9 Rights of Crime Victims and Witnesses Act.
10 (H) "Municipal ordinance violation" means an
11 offense defined by a municipal or local ordinance that
12 is criminal in nature and with which the petitioner
13 was charged or for which the petitioner was arrested
14 and released without charging.
15 (I) "Petitioner" means an adult or a minor
16 prosecuted as an adult who has applied for relief
17 under this Section.
18 (J) "Qualified probation" means an order of
19 probation under Section 10 of the Cannabis Control
20 Act, Section 410 of the Illinois Controlled Substances
21 Act, Section 70 of the Methamphetamine Control and
22 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
23 of the Unified Code of Corrections, Section
24 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
25 those provisions existed before their deletion by
26 Public Act 89-313), Section 10-102 of the Illinois
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1 Alcoholism and Other Drug Dependency Act, Section
2 40-10 of the Substance Use Disorder Act, or Section 10
3 of the Steroid Control Act. For the purpose of this
4 Section, "successful completion" of an order of
5 qualified probation under Section 10-102 of the
6 Illinois Alcoholism and Other Drug Dependency Act and
7 Section 40-10 of the Substance Use Disorder Act means
8 that the probation was terminated satisfactorily and
9 the judgment of conviction was vacated.
10 (K) "Seal": means to physically and electronically
11 maintain the records, unless the records would
12 otherwise be destroyed due to age, but to make the
13 records unavailable without a court order, subject to
14 the exceptions in Sections 12 and 13 of this Act. The
15 petitioner's name shall also be obliterated from the
16 official index required to be kept by the circuit
17 court clerk under Section 16 of the Clerks of Courts
18 Act, but any index issued by the circuit court clerk
19 before the entry of the order to seal shall not be
20 affected.
21 (i) has the same meaning as in paragraph (4)
22 of subsection (b) of Section 5 of the Court Record
23 and Document Accessibility Act for circuit court
24 clerks. The petitioner's name shall also be
25 obliterated from the official index required to be
26 kept by the circuit court clerk under Section 16
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1 of the Clerks of Courts Act, but any index issued
2 by the circuit court clerk before the entry of the
3 order to seal shall not be affected; or
4 (ii) means to physically and electronically
5 maintain the records, for the arresting agency,
6 the Illinois State Police, and any other agency as
7 so ordered by the court not covered in subsection
8 (a)(1)(K)(i), unless the records would otherwise
9 be destroyed due to age, but to make the records
10 unavailable without a court order, subject to the
11 exceptions in Sections 12 and 13.
12 (L) "Sexual offense committed against a minor"
13 includes, but is not limited to, the offenses of
14 indecent solicitation of a child or criminal sexual
15 abuse when the victim of such offense is under 18 years
16 of age.
17 (M) "Terminate" as it relates to a sentence or
18 order of supervision or qualified probation includes
19 either satisfactory or unsatisfactory termination of
20 the sentence, unless otherwise specified in this
21 Section. A sentence is terminated notwithstanding any
22 outstanding financial legal obligation.
23 (2) Minor Traffic Offenses. Orders of supervision or
24 convictions for minor traffic offenses shall not affect a
25 petitioner's eligibility to expunge or seal records
26 pursuant to this Section.
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1 (2.5) Commencing 180 days after July 29, 2016 (the
2 effective date of Public Act 99-697), the law enforcement
3 agency issuing the citation shall automatically expunge,
4 on or before January 1 and July 1 of each year, the law
5 enforcement records of a person found to have committed a
6 civil law violation of subsection (a) of Section 4 of the
7 Cannabis Control Act or subsection (c) of Section 3.5 of
8 the Drug Paraphernalia Control Act in the law enforcement
9 agency's possession or control and which contains the
10 final satisfactory disposition which pertain to the person
11 issued a citation for that offense. The law enforcement
12 agency shall provide by rule the process for access,
13 review, and to confirm the automatic expungement by the
14 law enforcement agency issuing the citation. Commencing
15 180 days after July 29, 2016 (the effective date of Public
16 Act 99-697), the clerk of the circuit court shall expunge,
17 upon order of the court, or in the absence of a court order
18 on or before January 1 and July 1 of each year, the court
19 records of a person found in the circuit court to have
20 committed a civil law violation of subsection (a) of
21 Section 4 of the Cannabis Control Act or subsection (c) of
22 Section 3.5 of the Drug Paraphernalia Control Act in the
23 clerk's possession or control and which contains the final
24 satisfactory disposition which pertain to the person
25 issued a citation for any of those offenses.
26 (3) Exclusions. Except as otherwise provided in
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1 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
2 of this Section, the court shall not order:
3 (A) the sealing or expungement of the records of
4 arrests or charges not initiated by arrest that result
5 in an order of supervision for or conviction of: (i)
6 any sexual offense committed against a minor; (ii)
7 Section 11-501 of the Illinois Vehicle Code or a
8 similar provision of a local ordinance; or (iii)
9 Section 11-503 of the Illinois Vehicle Code or a
10 similar provision of a local ordinance, unless the
11 arrest or charge is for a misdemeanor violation of
12 subsection (a) of Section 11-503 or a similar
13 provision of a local ordinance, that occurred prior to
14 the offender reaching the age of 25 years and the
15 offender has no other conviction for violating Section
16 11-501 or 11-503 of the Illinois Vehicle Code or a
17 similar provision of a local ordinance.
18 (B) the sealing or expungement of records of minor
19 traffic offenses (as defined in subsection (a)(1)(G)),
20 unless the petitioner was arrested and released
21 without charging.
22 (C) the sealing of the records of arrests or
23 charges not initiated by arrest which result in an
24 order of supervision or a conviction for the following
25 offenses:
26 (i) offenses included in Article 11 of the
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1 Criminal Code of 1961 or the Criminal Code of 2012
2 or a similar provision of a local ordinance,
3 except Section 11-14 and a misdemeanor violation
4 of Section 11-30 of the Criminal Code of 1961 or
5 the Criminal Code of 2012, or a similar provision
6 of a local ordinance;
7 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
8 26-5, or 48-1 of the Criminal Code of 1961 or the
9 Criminal Code of 2012, or a similar provision of a
10 local ordinance;
11 (iii) Section 12-3.1 or 12-3.2 of the Criminal
12 Code of 1961 or the Criminal Code of 2012, or
13 Section 125 of the Stalking No Contact Order Act,
14 or Section 219 of the Civil No Contact Order Act,
15 or a similar provision of a local ordinance;
16 (iv) Class A misdemeanors or felony offenses
17 under the Humane Care for Animals Act; or
18 (v) any offense or attempted offense that
19 would subject a person to registration under the
20 Sex Offender Registration Act.
21 (D) (blank).
22 (b) Expungement.
23 (1) A petitioner may petition the circuit court to
24 expunge the records of his or her arrests and charges not
25 initiated by arrest when each arrest or charge not
26 initiated by arrest sought to be expunged resulted in: (i)
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1 acquittal, dismissal, or the petitioner's release without
2 charging, unless excluded by subsection (a)(3)(B); (ii) a
3 conviction which was vacated or reversed, unless excluded
4 by subsection (a)(3)(B); (iii) an order of supervision and
5 such supervision was successfully completed by the
6 petitioner, unless excluded by subsection (a)(3)(A) or
7 (a)(3)(B); or (iv) an order of qualified probation (as
8 defined in subsection (a)(1)(J)) and such probation was
9 successfully completed by the petitioner.
10 (1.5) When a petitioner seeks to have a record of
11 arrest expunged under this Section, and the offender has
12 been convicted of a criminal offense, the State's Attorney
13 may object to the expungement on the grounds that the
14 records contain specific relevant information aside from
15 the mere fact of the arrest.
16 (2) Time frame for filing a petition to expunge.
17 (A) When the arrest or charge not initiated by
18 arrest sought to be expunged resulted in an acquittal,
19 dismissal, the petitioner's release without charging,
20 or the reversal or vacation of a conviction, there is
21 no waiting period to petition for the expungement of
22 such records.
23 (A-5) In anticipation of the successful completion
24 of a problem-solving court, pre-plea diversion, or
25 post-plea diversion program, a petition for
26 expungement may be filed 61 days before the
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1 anticipated dismissal of the case or any time
2 thereafter. Upon successful completion of the program
3 and dismissal of the case, the court shall review the
4 petition of the person graduating from the program and
5 shall grant expungement if the petitioner meets all
6 requirements as specified in any applicable statute.
7 (B) When the arrest or charge not initiated by
8 arrest sought to be expunged resulted in an order of
9 supervision, successfully completed by the petitioner,
10 the following time frames will apply:
11 (i) Those arrests or charges that resulted in
12 orders of supervision under Section 3-707, 3-708,
13 3-710, or 5-401.3 of the Illinois Vehicle Code or
14 a similar provision of a local ordinance, or under
15 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
16 Code of 1961 or the Criminal Code of 2012, or a
17 similar provision of a local ordinance, shall not
18 be eligible for expungement until 5 years have
19 passed following the satisfactory termination of
20 the supervision.
21 (i-5) Those arrests or charges that resulted
22 in orders of supervision for a misdemeanor
23 violation of subsection (a) of Section 11-503 of
24 the Illinois Vehicle Code or a similar provision
25 of a local ordinance, that occurred prior to the
26 offender reaching the age of 25 years and the
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1 offender has no other conviction for violating
2 Section 11-501 or 11-503 of the Illinois Vehicle
3 Code or a similar provision of a local ordinance
4 shall not be eligible for expungement until the
5 petitioner has reached the age of 25 years.
6 (ii) Those arrests or charges that resulted in
7 orders of supervision for any other offenses shall
8 not be eligible for expungement until 2 years have
9 passed following the satisfactory termination of
10 the supervision.
11 (C) When the arrest or charge not initiated by
12 arrest sought to be expunged resulted in an order of
13 qualified probation, successfully completed by the
14 petitioner, such records shall not be eligible for
15 expungement until 5 years have passed following the
16 satisfactory termination of the probation.
17 (3) Those records maintained by the Illinois State
18 Police for persons arrested prior to their 17th birthday
19 shall be expunged as provided in Section 5-915 of the
20 Juvenile Court Act of 1987.
21 (4) Whenever a person has been arrested for or
22 convicted of any offense, in the name of a person whose
23 identity he or she has stolen or otherwise come into
24 possession of, the aggrieved person from whom the identity
25 was stolen or otherwise obtained without authorization,
26 upon learning of the person having been arrested using his
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1 or her identity, may, upon verified petition to the chief
2 judge of the circuit wherein the arrest was made, have a
3 court order entered nunc pro tunc by the Chief Judge to
4 correct the arrest record, conviction record, if any, and
5 all official records of the arresting authority, the
6 Illinois State Police, other criminal justice agencies,
7 the prosecutor, and the trial court concerning such
8 arrest, if any, by removing his or her name from all such
9 records in connection with the arrest and conviction, if
10 any, and by inserting in the records the name of the
11 offender, if known or ascertainable, in lieu of the
12 aggrieved's name. The records of the circuit court clerk
13 shall be sealed until further order of the court upon good
14 cause shown and the name of the aggrieved person
15 obliterated on the official index required to be kept by
16 the circuit court clerk under Section 16 of the Clerks of
17 Courts Act, but the order shall not affect any index
18 issued by the circuit court clerk before the entry of the
19 order. Nothing in this Section shall limit the Illinois
20 State Police or other criminal justice agencies or
21 prosecutors from listing under an offender's name the
22 false names he or she has used.
23 (5) Whenever a person has been convicted of criminal
24 sexual assault, aggravated criminal sexual assault,
25 predatory criminal sexual assault of a child, criminal
26 sexual abuse, or aggravated criminal sexual abuse, the
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1 victim of that offense may request that the State's
2 Attorney of the county in which the conviction occurred
3 file a verified petition with the presiding trial judge at
4 the petitioner's trial to have a court order entered to
5 seal the records of the circuit court clerk in connection
6 with the proceedings of the trial court concerning that
7 offense. However, the records of the arresting authority
8 and the Illinois State Police concerning the offense shall
9 not be sealed. The court, upon good cause shown, shall
10 make the records of the circuit court clerk in connection
11 with the proceedings of the trial court concerning the
12 offense available for public inspection.
13 (6) If a conviction has been set aside on direct
14 review or on collateral attack and the court determines by
15 clear and convincing evidence that the petitioner was
16 factually innocent of the charge, the court that finds the
17 petitioner factually innocent of the charge shall enter an
18 expungement order for the conviction for which the
19 petitioner has been determined to be innocent as provided
20 in subsection (b) of Section 5-5-4 of the Unified Code of
21 Corrections.
22 (7) Nothing in this Section shall prevent the Illinois
23 State Police from maintaining all records of any person
24 who is admitted to probation upon terms and conditions and
25 who fulfills those terms and conditions pursuant to
26 Section 10 of the Cannabis Control Act, Section 410 of the
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1 Illinois Controlled Substances Act, Section 70 of the
2 Methamphetamine Control and Community Protection Act,
3 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
4 Corrections, Section 12-4.3 or subdivision (b)(1) of
5 Section 12-3.05 of the Criminal Code of 1961 or the
6 Criminal Code of 2012, Section 10-102 of the Illinois
7 Alcoholism and Other Drug Dependency Act, Section 40-10 of
8 the Substance Use Disorder Act, or Section 10 of the
9 Steroid Control Act.
10 (8) If the petitioner has been granted a certificate
11 of innocence under Section 2-702 of the Code of Civil
12 Procedure, the court that grants the certificate of
13 innocence shall also enter an order expunging the
14 conviction for which the petitioner has been determined to
15 be innocent as provided in subsection (h) of Section 2-702
16 of the Code of Civil Procedure.
17 (c) Sealing.
18 (1) Applicability. Notwithstanding any other provision
19 of this Act to the contrary, and cumulative with any
20 rights to expungement of criminal records, this subsection
21 authorizes the sealing of criminal records of adults and
22 of minors prosecuted as adults. Subsection (g) of this
23 Section provides for immediate sealing of certain records.
24 (2) Eligible Records. The following records may be
25 sealed:
26 (A) All arrests resulting in release without
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1 charging;
2 (B) Arrests or charges not initiated by arrest
3 resulting in acquittal, dismissal, or conviction when
4 the conviction was reversed or vacated, except as
5 excluded by subsection (a)(3)(B);
6 (C) Arrests or charges not initiated by arrest
7 resulting in orders of supervision, including orders
8 of supervision for municipal ordinance violations,
9 successfully completed by the petitioner, unless
10 excluded by subsection (a)(3);
11 (D) Arrests or charges not initiated by arrest
12 resulting in convictions, including convictions on
13 municipal ordinance violations, unless excluded by
14 subsection (a)(3);
15 (E) Arrests or charges not initiated by arrest
16 resulting in orders of first offender probation under
17 Section 10 of the Cannabis Control Act, Section 410 of
18 the Illinois Controlled Substances Act, Section 70 of
19 the Methamphetamine Control and Community Protection
20 Act, or Section 5-6-3.3 of the Unified Code of
21 Corrections; and
22 (F) Arrests or charges not initiated by arrest
23 resulting in felony convictions unless otherwise
24 excluded by subsection (a) paragraph (3) of this
25 Section.
26 (3) When Records Are Eligible to Be Sealed. Records
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1 identified as eligible under subsection (c)(2) may be
2 sealed as follows:
3 (A) Records identified as eligible under
4 subsections (c)(2)(A) and (c)(2)(B) may be sealed at
5 any time.
6 (B) Except as otherwise provided in subparagraph
7 (E) of this paragraph (3), records identified as
8 eligible under subsection (c)(2)(C) may be sealed 2
9 years after the termination of petitioner's last
10 sentence (as defined in subsection (a)(1)(F)).
11 (C) Except as otherwise provided in subparagraph
12 (E) of this paragraph (3), records identified as
13 eligible under subsections (c)(2)(D), (c)(2)(E), and
14 (c)(2)(F) may be sealed 3 years after the termination
15 of the petitioner's last sentence (as defined in
16 subsection (a)(1)(F)). Convictions requiring public
17 registration under the Arsonist Registry Act, the Sex
18 Offender Registration Act, or the Murderer and Violent
19 Offender Against Youth Registration Act may not be
20 sealed until the petitioner is no longer required to
21 register under that relevant Act.
22 (D) Records identified in subsection
23 (a)(3)(A)(iii) may be sealed after the petitioner has
24 reached the age of 25 years.
25 (E) Records identified as eligible under
26 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
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1 (c)(2)(F) may be sealed upon termination of the
2 petitioner's last sentence if the petitioner earned a
3 high school diploma, associate's degree, career
4 certificate, vocational technical certification, or
5 bachelor's degree, or passed the high school level
6 Test of General Educational Development, during the
7 period of his or her sentence or mandatory supervised
8 release. This subparagraph shall apply only to a
9 petitioner who has not completed the same educational
10 goal prior to the period of his or her sentence or
11 mandatory supervised release. If a petition for
12 sealing eligible records filed under this subparagraph
13 is denied by the court, the time periods under
14 subparagraph (B) or (C) shall apply to any subsequent
15 petition for sealing filed by the petitioner.
16 (4) Subsequent felony convictions. A person may not
17 have subsequent felony conviction records sealed as
18 provided in this subsection (c) if he or she is convicted
19 of any felony offense after the date of the sealing of
20 prior felony convictions as provided in this subsection
21 (c). The court may, upon conviction for a subsequent
22 felony offense, order the unsealing of prior felony
23 conviction records previously ordered sealed by the court.
24 (5) Notice of eligibility for sealing. Upon entry of a
25 disposition for an eligible record under this subsection
26 (c), the petitioner shall be informed by the court of the
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1 right to have the records sealed and the procedures for
2 the sealing of the records.
3 (d) Procedure. The following procedures apply to
4 expungement under subsections (b), (e), and (e-6) and sealing
5 under subsections (c) and (e-5):
6 (1) Filing the petition. Upon becoming eligible to
7 petition for the expungement or sealing of records under
8 this Section, the petitioner shall file a petition
9 requesting the expungement or sealing of records with the
10 clerk of the court where the arrests occurred or the
11 charges were brought, or both. If arrests occurred or
12 charges were brought in multiple jurisdictions, a petition
13 must be filed in each such jurisdiction. The petitioner
14 shall pay the applicable fee, except no fee shall be
15 required if the petitioner has obtained a court order
16 waiving fees under Supreme Court Rule 298 or it is
17 otherwise waived.
18 (1.5) County fee waiver pilot program. From August 9,
19 2019 (the effective date of Public Act 101-306) through
20 December 31, 2020, in a county of 3,000,000 or more
21 inhabitants, no fee shall be required to be paid by a
22 petitioner if the records sought to be expunged or sealed
23 were arrests resulting in release without charging or
24 arrests or charges not initiated by arrest resulting in
25 acquittal, dismissal, or conviction when the conviction
26 was reversed or vacated, unless excluded by subsection
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1 (a)(3)(B). The provisions of this paragraph (1.5), other
2 than this sentence, are inoperative on and after January
3 1, 2022.
4 (2) Contents of petition. The petition shall be
5 verified and shall contain the petitioner's name, date of
6 birth, current address and, for each arrest or charge not
7 initiated by arrest sought to be sealed or expunged, the
8 case number, the date of arrest (if any), the identity of
9 the arresting authority, and such other information as the
10 court may require. During the pendency of the proceeding,
11 the petitioner shall promptly notify the circuit court
12 clerk of any change of his or her address. If the
13 petitioner has received a certificate of eligibility for
14 sealing from the Prisoner Review Board under paragraph
15 (10) of subsection (a) of Section 3-3-2 of the Unified
16 Code of Corrections, the certificate shall be attached to
17 the petition.
18 (3) Drug test. The petitioner must attach to the
19 petition proof that the petitioner has taken within 30
20 days before the filing of the petition a test showing the
21 absence within his or her body of all illegal substances
22 as defined by the Illinois Controlled Substances Act and
23 the Methamphetamine Control and Community Protection Act
24 if he or she is petitioning to:
25 (A) seal felony records under clause (c)(2)(E);
26 (B) seal felony records for a violation of the
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1 Illinois Controlled Substances Act, the
2 Methamphetamine Control and Community Protection Act,
3 or the Cannabis Control Act under clause (c)(2)(F);
4 (C) seal felony records under subsection (e-5); or
5 (D) expunge felony records of a qualified
6 probation under clause (b)(1)(iv).
7 (4) Service of petition. The circuit court clerk shall
8 promptly serve a copy of the petition and documentation to
9 support the petition under subsection (e-5) or (e-6) on
10 the State's Attorney or prosecutor charged with the duty
11 of prosecuting the offense, the Illinois State Police, the
12 arresting agency and the chief legal officer of the unit
13 of local government effecting the arrest.
14 (5) Objections.
15 (A) Any party entitled to notice of the petition
16 may file an objection to the petition. All objections
17 shall be in writing, shall be filed with the circuit
18 court clerk, and shall state with specificity the
19 basis of the objection. Whenever a person who has been
20 convicted of an offense is granted a pardon by the
21 Governor which specifically authorizes expungement, an
22 objection to the petition may not be filed.
23 (B) Objections to a petition to expunge or seal
24 must be filed within 60 days of the date of service of
25 the petition.
26 (6) Entry of order.
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1 (A) The Chief Judge of the circuit wherein the
2 charge was brought, any judge of that circuit
3 designated by the Chief Judge, or in counties of less
4 than 3,000,000 inhabitants, the presiding trial judge
5 at the petitioner's trial, if any, shall rule on the
6 petition to expunge or seal as set forth in this
7 subsection (d)(6).
8 (B) Unless the State's Attorney or prosecutor, the
9 Illinois State Police, the arresting agency, or the
10 chief legal officer files an objection to the petition
11 to expunge or seal within 60 days from the date of
12 service of the petition, the court shall enter an
13 order granting or denying the petition.
14 (C) Notwithstanding any other provision of law,
15 the court shall not deny a petition for sealing under
16 this Section because the petitioner has not satisfied
17 an outstanding legal financial obligation established,
18 imposed, or originated by a court, law enforcement
19 agency, or a municipal, State, county, or other unit
20 of local government, including, but not limited to,
21 any cost, assessment, fine, or fee. An outstanding
22 legal financial obligation does not include any court
23 ordered restitution to a victim under Section 5-5-6 of
24 the Unified Code of Corrections, unless the
25 restitution has been converted to a civil judgment.
26 Nothing in this subparagraph (C) waives, rescinds, or
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1 abrogates a legal financial obligation or otherwise
2 eliminates or affects the right of the holder of any
3 financial obligation to pursue collection under
4 applicable federal, State, or local law.
5 (D) Notwithstanding any other provision of law,
6 the court shall not deny a petition to expunge or seal
7 under this Section because the petitioner has
8 submitted a drug test taken within 30 days before the
9 filing of the petition to expunge or seal that
10 indicates a positive test for the presence of cannabis
11 within the petitioner's body. In this subparagraph
12 (D), "cannabis" has the meaning ascribed to it in
13 Section 3 of the Cannabis Control Act.
14 (7) Hearings. If an objection is filed, the court
15 shall set a date for a hearing and notify the petitioner
16 and all parties entitled to notice of the petition of the
17 hearing date at least 30 days prior to the hearing. Prior
18 to the hearing, the State's Attorney shall consult with
19 the Illinois State Police as to the appropriateness of the
20 relief sought in the petition to expunge or seal. At the
21 hearing, the court shall hear evidence on whether the
22 petition should or should not be granted, and shall grant
23 or deny the petition to expunge or seal the records based
24 on the evidence presented at the hearing. The court may
25 consider the following:
26 (A) the strength of the evidence supporting the
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1 defendant's conviction;
2 (B) the reasons for retention of the conviction
3 records by the State;
4 (C) the petitioner's age, criminal record history,
5 and employment history;
6 (D) the period of time between the petitioner's
7 arrest on the charge resulting in the conviction and
8 the filing of the petition under this Section; and
9 (E) the specific adverse consequences the
10 petitioner may be subject to if the petition is
11 denied.
12 (8) Service of order. After entering an order to
13 expunge or seal records, the court must provide copies of
14 the order to the Illinois State Police, in a form and
15 manner prescribed by the Illinois State Police, to the
16 petitioner, to the State's Attorney or prosecutor charged
17 with the duty of prosecuting the offense, to the arresting
18 agency, to the chief legal officer of the unit of local
19 government effecting the arrest, and to such other
20 criminal justice agencies as may be ordered by the court.
21 (9) Implementation of order.
22 (A) Upon entry of an order to expunge records
23 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
24 both:
25 (i) the records shall be expunged (as defined
26 in subsection (a)(1)(E)(ii) (a)(1)(E)) by the
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1 arresting agency, the Illinois State Police, and
2 any other agency as ordered by the court, within
3 60 days of the date of service of the order, unless
4 a motion to vacate, modify, or reconsider the
5 order is filed pursuant to paragraph (12) of
6 subsection (d) of this Section;
7 (ii) the records of the circuit court clerk
8 shall be expunged (as defined in subsection
9 (a)(1)(E)(i)), impounded until further order of
10 the court upon good cause shown and the name of the
11 petitioner obliterated on the official index
12 required to be kept by the circuit court clerk
13 under Section 16 of the Clerks of Courts Act, but
14 the order shall not affect any index issued by the
15 circuit court clerk before the entry of the order;
16 and
17 (iii) in response to an inquiry for expunged
18 records, the circuit court clerk court, the
19 Illinois State Police, or the agency receiving
20 such inquiry, shall reply as it does in response
21 to inquiries when no records ever existed.
22 (B) Upon entry of an order to expunge records
23 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
24 both:
25 (i) the records shall be expunged (as defined
26 in subsection (a)(1)(E)(ii) (a)(1)(E)) by the
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1 arresting agency and any other agency as ordered
2 by the court, within 60 days of the date of service
3 of the order, unless a motion to vacate, modify,
4 or reconsider the order is filed pursuant to
5 paragraph (12) of subsection (d) of this Section;
6 (ii) the records of the circuit court clerk
7 shall be expunged (as defined in subsection
8 (a)(1)(E)(i)), impounded until further order of
9 the court upon good cause shown and the name of the
10 petitioner obliterated on the official index
11 required to be kept by the circuit court clerk
12 under Section 16 of the Clerks of Courts Act, but
13 the order shall not affect any index issued by the
14 circuit court clerk before the entry of the order;
15 (iii) the records shall be impounded by the
16 Illinois State Police within 60 days of the date
17 of service of the order as ordered by the court,
18 unless a motion to vacate, modify, or reconsider
19 the order is filed pursuant to paragraph (12) of
20 subsection (d) of this Section;
21 (iv) records impounded by the Illinois State
22 Police may be disseminated by the Illinois State
23 Police only as required by law or to the arresting
24 authority, the State's Attorney, and the circuit
25 court clerk court upon a later arrest for the same
26 or a similar offense or for the purpose of
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1 sentencing for any subsequent felony, and to the
2 Department of Corrections upon conviction for any
3 offense; and
4 (v) in response to an inquiry for such records
5 from anyone not authorized by law to access such
6 records, the circuit court clerk court, the
7 Illinois State Police, or the agency receiving
8 such inquiry shall reply as it does in response to
9 inquiries when no records ever existed.
10 (B-5) Upon entry of an order to expunge records
11 under subsection (e-6):
12 (i) the records shall be expunged (as defined
13 in subsection (a)(1)(E)(ii) (a)(1)(E)) by the
14 arresting agency and any other agency as ordered
15 by the court, within 60 days of the date of service
16 of the order, unless a motion to vacate, modify,
17 or reconsider the order is filed under paragraph
18 (12) of subsection (d) of this Section;
19 (ii) the records of the circuit court clerk
20 shall be expunged (as defined in subsection
21 (a)(1)(E)(i)), impounded until further order of
22 the court upon good cause shown and the name of the
23 petitioner obliterated on the official index
24 required to be kept by the circuit court clerk
25 under Section 16 of the Clerks of Courts Act, but
26 the order shall not affect any index issued by the
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1 circuit court clerk before the entry of the order;
2 (iii) the records shall be impounded by the
3 Illinois State Police within 60 days of the date
4 of service of the order as ordered by the court,
5 unless a motion to vacate, modify, or reconsider
6 the order is filed under paragraph (12) of
7 subsection (d) of this Section;
8 (iv) records impounded by the Illinois State
9 Police may be disseminated by the Illinois State
10 Police only as required by law or to the arresting
11 authority, the State's Attorney, and the court
12 upon a later arrest for the same or a similar
13 offense or for the purpose of sentencing for any
14 subsequent felony, and to the Department of
15 Corrections upon conviction for any offense; and
16 (v) in response to an inquiry for these
17 records from anyone not authorized by law to
18 access the records, the circuit court clerk court,
19 the Illinois State Police, or the agency receiving
20 the inquiry shall reply as it does in response to
21 inquiries when no records ever existed.
22 (C) Upon entry of an order to seal records under
23 subsection (c), the arresting agency, any other agency
24 as ordered by the court, the Illinois State Police,
25 and the circuit court clerk court shall seal the
26 records (as defined in subsection (a)(1)(K)). In
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1 response to an inquiry for such records, from anyone
2 not authorized by law to access such records, the
3 circuit court clerk court, the Illinois State Police,
4 or the agency receiving such inquiry shall reply as it
5 does in response to inquiries when no records ever
6 existed.
7 (D) The Illinois State Police shall send written
8 notice to the petitioner of its compliance with each
9 order to expunge or seal records within 60 days of the
10 date of service of that order or, if a motion to
11 vacate, modify, or reconsider is filed, within 60 days
12 of service of the order resolving the motion, if that
13 order requires the Illinois State Police to expunge or
14 seal records. In the event of an appeal from the
15 circuit court order, the Illinois State Police shall
16 send written notice to the petitioner of its
17 compliance with an Appellate Court or Supreme Court
18 judgment to expunge or seal records within 60 days of
19 the issuance of the court's mandate. The notice is not
20 required while any motion to vacate, modify, or
21 reconsider, or any appeal or petition for
22 discretionary appellate review, is pending.
23 (E) Upon motion, the court may order that a sealed
24 judgment or other court record necessary to
25 demonstrate the amount of any legal financial
26 obligation due and owing be made available for the
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1 limited purpose of collecting any legal financial
2 obligations owed by the petitioner that were
3 established, imposed, or originated in the criminal
4 proceeding for which those records have been sealed.
5 The records made available under this subparagraph (E)
6 shall not be entered into the official index required
7 to be kept by the circuit court clerk under Section 16
8 of the Clerks of Courts Act and shall be immediately
9 resealed re-impounded upon the collection of the
10 outstanding financial obligations.
11 (F) Notwithstanding any other provision of this
12 Section, a circuit court clerk may access a sealed
13 record for the limited purpose of collecting payment
14 for any legal financial obligations that were
15 established, imposed, or originated in the criminal
16 proceedings for which those records have been sealed.
17 (10) Fees. The Illinois State Police may charge the
18 petitioner a fee equivalent to the cost of processing any
19 order to expunge or seal records. Notwithstanding any
20 provision of the Clerks of Courts Act to the contrary, the
21 circuit court clerk may charge a fee equivalent to the
22 cost associated with the sealing or expungement of records
23 by the circuit court clerk. From the total filing fee
24 collected for the petition to seal or expunge, the circuit
25 court clerk shall deposit $10 into the Circuit Court Clerk
26 Operation and Administrative Fund, to be used to offset
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1 the costs incurred by the circuit court clerk in
2 performing the additional duties required to serve the
3 petition to seal or expunge on all parties. The circuit
4 court clerk shall collect and remit the Illinois State
5 Police portion of the fee to the State Treasurer and it
6 shall be deposited in the State Police Services Fund. If
7 the record brought under an expungement petition was
8 previously sealed under this Section, the fee for the
9 expungement petition for that same record shall be waived.
10 (11) Final Order. No court order issued under the
11 expungement or sealing provisions of this Section shall
12 become final for purposes of appeal until 30 days after
13 service of the order on the petitioner and all parties
14 entitled to notice of the petition.
15 (12) Motion to Vacate, Modify, or Reconsider. Under
16 Section 2-1203 of the Code of Civil Procedure, the
17 petitioner or any party entitled to notice may file a
18 motion to vacate, modify, or reconsider the order granting
19 or denying the petition to expunge or seal within 60 days
20 of service of the order. If filed more than 60 days after
21 service of the order, a petition to vacate, modify, or
22 reconsider shall comply with subsection (c) of Section
23 2-1401 of the Code of Civil Procedure. Upon filing of a
24 motion to vacate, modify, or reconsider, notice of the
25 motion shall be served upon the petitioner and all parties
26 entitled to notice of the petition.
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1 (13) Effect of Order. An order granting a petition
2 under the expungement or sealing provisions of this
3 Section shall not be considered void because it fails to
4 comply with the provisions of this Section or because of
5 any error asserted in a motion to vacate, modify, or
6 reconsider. The circuit court retains jurisdiction to
7 determine whether the order is voidable and to vacate,
8 modify, or reconsider its terms based on a motion filed
9 under paragraph (12) of this subsection (d).
10 (14) Compliance with Order Granting Petition to Seal
11 Records. Unless a court has entered a stay of an order
12 granting a petition to seal, all parties entitled to
13 notice of the petition must fully comply with the terms of
14 the order within 60 days of service of the order even if a
15 party is seeking relief from the order through a motion
16 filed under paragraph (12) of this subsection (d) or is
17 appealing the order.
18 (15) Compliance with Order Granting Petition to
19 Expunge Records. While a party is seeking relief from the
20 order granting the petition to expunge through a motion
21 filed under paragraph (12) of this subsection (d) or is
22 appealing the order, and unless a court has entered a stay
23 of that order, the parties entitled to notice of the
24 petition must seal, but need not expunge, the records
25 until there is a final order on the motion for relief or,
26 in the case of an appeal, the issuance of that court's
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1 mandate.
2 (16) The changes to this subsection (d) made by Public
3 Act 98-163 apply to all petitions pending on August 5,
4 2013 (the effective date of Public Act 98-163) and to all
5 orders ruling on a petition to expunge or seal on or after
6 August 5, 2013 (the effective date of Public Act 98-163).
7 (e) Whenever a person who has been convicted of an offense
8 is granted a pardon by the Governor which specifically
9 authorizes expungement, he or she may, upon verified petition
10 to the Chief Judge of the circuit where the person had been
11 convicted, any judge of the circuit designated by the Chief
12 Judge, or in counties of less than 3,000,000 inhabitants, the
13 presiding trial judge at the defendant's trial, have a court
14 order entered expunging the record of arrest from the official
15 records of the arresting authority and order that the records
16 of the circuit court clerk and the Illinois State Police be
17 sealed until further order of the court upon good cause shown
18 or as otherwise provided herein, and the name of the defendant
19 obliterated from the official index requested to be kept by
20 the circuit court clerk under Section 16 of the Clerks of
21 Courts Act in connection with the arrest and conviction for
22 the offense for which he or she had been pardoned but the order
23 shall not affect any index issued by the circuit court clerk
24 before the entry of the order. All records sealed by the
25 Illinois State Police may be disseminated by the Illinois
26 State Police only to the arresting authority, the State's
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1 Attorney, and the court upon a later arrest for the same or
2 similar offense or for the purpose of sentencing for any
3 subsequent felony. Upon conviction for any subsequent offense,
4 the Department of Corrections shall have access to all sealed
5 records of the Illinois State Police pertaining to that
6 individual. Upon entry of the order of expungement, the
7 circuit court clerk shall promptly mail a copy of the order to
8 the person who was pardoned.
9 (e-5) Whenever a person who has been convicted of an
10 offense is granted a certificate of eligibility for sealing by
11 the Prisoner Review Board which specifically authorizes
12 sealing, he or she may, upon verified petition to the Chief
13 Judge of the circuit where the person had been convicted, any
14 judge of the circuit designated by the Chief Judge, or in
15 counties of less than 3,000,000 inhabitants, the presiding
16 trial judge at the petitioner's trial, have a court order
17 entered sealing the record of arrest from the official records
18 of the arresting authority and order that the records of the
19 circuit court clerk and the Illinois State Police be sealed
20 until further order of the court upon good cause shown or as
21 otherwise provided herein, and the name of the petitioner
22 obliterated from the official index requested to be kept by
23 the circuit court clerk under Section 16 of the Clerks of
24 Courts Act in connection with the arrest and conviction for
25 the offense for which he or she had been granted the
26 certificate but the order shall not affect any index issued by
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1 the circuit court clerk before the entry of the order. All
2 records sealed by the Illinois State Police may be
3 disseminated by the Illinois State Police only as required by
4 this Act or to the arresting authority, a law enforcement
5 agency, the State's Attorney, and the court upon a later
6 arrest for the same or similar offense or for the purpose of
7 sentencing for any subsequent felony. Upon conviction for any
8 subsequent offense, the Department of Corrections shall have
9 access to all sealed records of the Illinois State Police
10 pertaining to that individual. Upon entry of the order of
11 sealing, the circuit court clerk shall promptly mail a copy of
12 the order to the person who was granted the certificate of
13 eligibility for sealing.
14 (e-6) Whenever a person who has been convicted of an
15 offense is granted a certificate of eligibility for
16 expungement by the Prisoner Review Board which specifically
17 authorizes expungement, he or she may, upon verified petition
18 to the Chief Judge of the circuit where the person had been
19 convicted, any judge of the circuit designated by the Chief
20 Judge, or in counties of less than 3,000,000 inhabitants, the
21 presiding trial judge at the petitioner's trial, have a court
22 order entered expunging the record of arrest from the official
23 records of the arresting authority and order that the records
24 of the circuit court clerk and the Illinois State Police be
25 sealed until further order of the court upon good cause shown
26 or as otherwise provided herein, and the name of the
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1 petitioner obliterated from the official index requested to be
2 kept by the circuit court clerk under Section 16 of the Clerks
3 of Courts Act in connection with the arrest and conviction for
4 the offense for which he or she had been granted the
5 certificate but the order shall not affect any index issued by
6 the circuit court clerk before the entry of the order. All
7 records sealed by the Illinois State Police may be
8 disseminated by the Illinois State Police only as required by
9 this Act or to the arresting authority, a law enforcement
10 agency, the State's Attorney, and the court upon a later
11 arrest for the same or similar offense or for the purpose of
12 sentencing for any subsequent felony. Upon conviction for any
13 subsequent offense, the Department of Corrections shall have
14 access to all expunged records of the Illinois State Police
15 pertaining to that individual. Upon entry of the order of
16 expungement, the circuit court clerk shall promptly mail a
17 copy of the order to the person who was granted the certificate
18 of eligibility for expungement.
19 (f) Subject to available funding, the Illinois Department
20 of Corrections shall conduct a study of the impact of sealing,
21 especially on employment and recidivism rates, utilizing a
22 random sample of those who apply for the sealing of their
23 criminal records under Public Act 93-211. At the request of
24 the Illinois Department of Corrections, records of the
25 Illinois Department of Employment Security shall be utilized
26 as appropriate to assist in the study. The study shall not
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1 disclose any data in a manner that would allow the
2 identification of any particular individual or employing unit.
3 The study shall be made available to the General Assembly no
4 later than September 1, 2010.
5 (g) Immediate Sealing.
6 (1) Applicability. Notwithstanding any other provision
7 of this Act to the contrary, and cumulative with any
8 rights to expungement or sealing of criminal records, this
9 subsection authorizes the immediate sealing of criminal
10 records of adults and of minors prosecuted as adults.
11 (2) Eligible Records. Arrests or charges not initiated
12 by arrest resulting in acquittal or dismissal with
13 prejudice, except as excluded by subsection (a)(3)(B),
14 that occur on or after January 1, 2018 (the effective date
15 of Public Act 100-282), may be sealed immediately if the
16 petition is filed with the circuit court clerk on the same
17 day and during the same hearing in which the case is
18 disposed.
19 (3) When Records are Eligible to be Immediately
20 Sealed. Eligible records under paragraph (2) of this
21 subsection (g) may be sealed immediately after entry of
22 the final disposition of a case, notwithstanding the
23 disposition of other charges in the same case.
24 (4) Notice of Eligibility for Immediate Sealing. Upon
25 entry of a disposition for an eligible record under this
26 subsection (g), the defendant shall be informed by the
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1 court of his or her right to have eligible records
2 immediately sealed and the procedure for the immediate
3 sealing of these records.
4 (5) Procedure. The following procedures apply to
5 immediate sealing under this subsection (g).
6 (A) Filing the Petition. Upon entry of the final
7 disposition of the case, the defendant's attorney may
8 immediately petition the court, on behalf of the
9 defendant, for immediate sealing of eligible records
10 under paragraph (2) of this subsection (g) that are
11 entered on or after January 1, 2018 (the effective
12 date of Public Act 100-282). The immediate sealing
13 petition may be filed with the circuit court clerk
14 during the hearing in which the final disposition of
15 the case is entered. If the defendant's attorney does
16 not file the petition for immediate sealing during the
17 hearing, the defendant may file a petition for sealing
18 at any time as authorized under subsection (c)(3)(A).
19 (B) Contents of Petition. The immediate sealing
20 petition shall be verified and shall contain the
21 petitioner's name, date of birth, current address, and
22 for each eligible record, the case number, the date of
23 arrest if applicable, the identity of the arresting
24 authority if applicable, and other information as the
25 court may require.
26 (C) Drug Test. The petitioner shall not be
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1 required to attach proof that he or she has passed a
2 drug test.
3 (D) Service of Petition. A copy of the petition
4 shall be served on the State's Attorney in open court.
5 The petitioner shall not be required to serve a copy of
6 the petition on any other agency.
7 (E) Entry of Order. The presiding trial judge
8 shall enter an order granting or denying the petition
9 for immediate sealing during the hearing in which it
10 is filed. Petitions for immediate sealing shall be
11 ruled on in the same hearing in which the final
12 disposition of the case is entered.
13 (F) Hearings. The court shall hear the petition
14 for immediate sealing on the same day and during the
15 same hearing in which the disposition is rendered.
16 (G) Service of Order. An order to immediately seal
17 eligible records shall be served in conformance with
18 subsection (d)(8).
19 (H) Implementation of Order. An order to
20 immediately seal records shall be implemented in
21 conformance with subsections (d)(9)(C) and (d)(9)(D).
22 (I) Fees. The fee imposed by the circuit court
23 clerk and the Illinois State Police shall comply with
24 paragraph (1) of subsection (d) of this Section.
25 (J) Final Order. No court order issued under this
26 subsection (g) shall become final for purposes of
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1 appeal until 30 days after service of the order on the
2 petitioner and all parties entitled to service of the
3 order in conformance with subsection (d)(8).
4 (K) Motion to Vacate, Modify, or Reconsider. Under
5 Section 2-1203 of the Code of Civil Procedure, the
6 petitioner, State's Attorney, or the Illinois State
7 Police may file a motion to vacate, modify, or
8 reconsider the order denying the petition to
9 immediately seal within 60 days of service of the
10 order. If filed more than 60 days after service of the
11 order, a petition to vacate, modify, or reconsider
12 shall comply with subsection (c) of Section 2-1401 of
13 the Code of Civil Procedure.
14 (L) Effect of Order. An order granting an
15 immediate sealing petition shall not be considered
16 void because it fails to comply with the provisions of
17 this Section or because of an error asserted in a
18 motion to vacate, modify, or reconsider. The circuit
19 court retains jurisdiction to determine whether the
20 order is voidable, and to vacate, modify, or
21 reconsider its terms based on a motion filed under
22 subparagraph (L) of this subsection (g).
23 (M) Compliance with Order Granting Petition to
24 Seal Records. Unless a court has entered a stay of an
25 order granting a petition to immediately seal, all
26 parties entitled to service of the order must fully
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1 comply with the terms of the order within 60 days of
2 service of the order.
3 (h) Sealing or vacation and expungement of trafficking
4 victims' crimes.
5 (1) A trafficking victim, as defined by paragraph (10)
6 of subsection (a) of Section 10-9 of the Criminal Code of
7 2012, may petition for vacation and expungement or
8 immediate sealing of his or her criminal record upon the
9 completion of his or her last sentence if his or her
10 participation in the underlying offense was a result of
11 human trafficking under Section 10-9 of the Criminal Code
12 of 2012 or a severe form of trafficking under the federal
13 Trafficking Victims Protection Act.
14 (1.5) A petition under paragraph (1) shall be
15 prepared, signed, and filed in accordance with Supreme
16 Court Rule 9. The court may allow the petitioner to attend
17 any required hearing remotely in accordance with local
18 rules. The court may allow a petition to be filed under
19 seal if the public filing of the petition would constitute
20 a risk of harm to the petitioner.
21 (2) A petitioner under this subsection (h), in
22 addition to the requirements provided under paragraph (4)
23 of subsection (d) of this Section, shall include in his or
24 her petition a clear and concise statement that: (A) he or
25 she was a victim of human trafficking at the time of the
26 offense; and (B) that his or her participation in the
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1 offense was a result of human trafficking under Section
2 10-9 of the Criminal Code of 2012 or a severe form of
3 trafficking under the federal Trafficking Victims
4 Protection Act.
5 (3) If an objection is filed alleging that the
6 petitioner is not entitled to vacation and expungement or
7 immediate sealing under this subsection (h), the court
8 shall conduct a hearing under paragraph (7) of subsection
9 (d) of this Section and the court shall determine whether
10 the petitioner is entitled to vacation and expungement or
11 immediate sealing under this subsection (h). A petitioner
12 is eligible for vacation and expungement or immediate
13 relief under this subsection (h) if he or she shows, by a
14 preponderance of the evidence, that: (A) he or she was a
15 victim of human trafficking at the time of the offense;
16 and (B) that his or her participation in the offense was a
17 result of human trafficking under Section 10-9 of the
18 Criminal Code of 2012 or a severe form of trafficking
19 under the federal 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. 102-145, eff. 7-23-21; 102-558, 8-20-21;
17 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
18 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23; 103-609,
19 eff. 7-1-24; 103-755, eff. 8-2-24; revised 8-9-24.)
20 Section 10. The Court Record and Document Accessibility
21 Act is amended by changing Section 5 as follows:
22 (705 ILCS 86/5)
23 Sec. 5. Record and document accessibility.
24 (a) All records and documents are presumed to be
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1 accessible by the court and the clerk of the court. A clerk of
2 the court shall limit access to case information and documents
3 that are not identified as public to the clerk of the court or
4 limited supervisory staff through the use of access codes
5 restricting access. Access to court records and documents
6 remotely over the Internet shall be as authorized by the
7 Illinois Supreme Court Remote Access Policy.
8 (b) Unless otherwise specified by rule, statute, or order,
9 access to case information and documents maintained by the
10 clerk of the court is defined as follows:
11 (1) "Public" means a document or case that is
12 accessible by any person upon request.
13 (2) "Impounded" means a document or case that is
14 accessible only to the parties of record on a case;
15 otherwise, the document or case is only accessible upon
16 order of a court.
17 (3) "Confidential" means a document or case that is
18 accessible only to the party submitting the document or
19 filing the case; otherwise, the document or case is only
20 accessible upon order of a court.
21 (4) "Sealed" means a document or case that is
22 accessible only upon order of a court.
23 (5) "Expunged" means a document or case that is
24 accessible only upon order of a court as provided in
25 subparagraph (E) of paragraph (1) of subsection (a) of
26 Section 5.2 of the Criminal Identification Act.
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1 (c) Notwithstanding any provision of subsections (a) and
2 (b), the court may enter an order restricting access to any
3 case or document per order of court.
4 (d) If any law of this State restricts access to any case
5 information and documents maintained by the clerk of the court
6 by using the phrase "shall not be public", or a similar phrase
7 stating that a court record is not available to the public, the
8 clerk of the court shall impound such case information and
9 documents unless the court directs otherwise.
10 (e) Notwithstanding any other provision of law, if any law
11 or statute of this State conflicts with Supreme Court Rule 8,
12 then Supreme Court Rule 8 governs.
13 (Source: P.A. 103-166, eff. 1-1-24.)
14 Section 15. The Code of Civil Procedure is amended by
15 changing Section 9-121 as follows:
16 (735 ILCS 5/9-121)
17 Sec. 9-121. Impounding Sealing of court file.
18 (a) Definitions. Definition. As used in this Section: ,
19 "court
20 "Court file" means the court file created when an
21 eviction action is filed with the court.
22 "Impounded" has the same meaning as in paragraph (2)
23 of subsection (b) of Section 5 of the Court Record and Document
24 Accessibility Act.
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