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| Public Act 098-0399
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| HB1548 Enrolled | LRB098 00147 RLC 30148 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Identification Act is amended by |
changing Sections 5.2 and 13 as follows:
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(20 ILCS 2630/5.2)
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Sec. 5.2. Expungement and sealing. |
(a) General Provisions. |
(1) Definitions. In this Act, words and phrases have
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the meanings set forth in this subsection, except when a
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particular context clearly requires a different meaning. |
(A) The following terms shall have the meanings |
ascribed to them in the Unified Code of Corrections, |
730 ILCS 5/5-1-2 through 5/5-1-22: |
(i) Business Offense (730 ILCS 5/5-1-2), |
(ii) Charge (730 ILCS 5/5-1-3), |
(iii) Court (730 ILCS 5/5-1-6), |
(iv) Defendant (730 ILCS 5/5-1-7), |
(v) Felony (730 ILCS 5/5-1-9), |
(vi) Imprisonment (730 ILCS 5/5-1-10), |
(vii) Judgment (730 ILCS 5/5-1-12), |
(viii) Misdemeanor (730 ILCS 5/5-1-14), |
(ix) Offense (730 ILCS 5/5-1-15), |
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(x) Parole (730 ILCS 5/5-1-16), |
(xi) Petty Offense (730 ILCS 5/5-1-17), |
(xii) Probation (730 ILCS 5/5-1-18), |
(xiii) Sentence (730 ILCS 5/5-1-19), |
(xiv) Supervision (730 ILCS 5/5-1-21), and |
(xv) Victim (730 ILCS 5/5-1-22). |
(B) As used in this Section, "charge not initiated |
by arrest" means a charge (as defined by 730 ILCS |
5/5-1-3) brought against a defendant where the |
defendant is not arrested prior to or as a direct |
result of the charge. |
(C) "Conviction" means a judgment of conviction or |
sentence entered upon a plea of guilty or upon a |
verdict or finding of guilty of an offense, rendered by |
a legally constituted jury or by a court of competent |
jurisdiction authorized to try the case without a jury. |
An order of supervision successfully completed by the |
petitioner is not a conviction. An order of qualified |
probation (as defined in subsection (a)(1)(J)) |
successfully completed by the petitioner is not a |
conviction. An order of supervision or an order of |
qualified probation that is terminated |
unsatisfactorily is a conviction, unless the |
unsatisfactory termination is reversed, vacated, or |
modified and the judgment of conviction, if any, is |
reversed or vacated. |
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(D) "Criminal offense" means a petty offense, |
business offense, misdemeanor, felony, or municipal |
ordinance violation (as defined in subsection |
(a)(1)(H)). As used in this Section, a minor traffic |
offense (as defined in subsection (a)(1)(G)) shall not |
be considered a criminal offense. |
(E) "Expunge" means to physically destroy the |
records or return them to the petitioner and to |
obliterate the petitioner's name from any official |
index or public record, or both. Nothing in this Act |
shall require the physical destruction of the circuit |
court file, but such records relating to arrests or |
charges, or both, ordered expunged shall be impounded |
as required by subsections (d)(9)(A)(ii) and |
(d)(9)(B)(ii). |
(F) As used in this Section, "last sentence" means |
the sentence, order of supervision, or order of |
qualified probation (as defined by subsection |
(a)(1)(J)), for a criminal offense (as defined by |
subsection (a)(1)(D)) that terminates last in time in |
any jurisdiction, regardless of whether the petitioner |
has included the criminal offense for which the |
sentence or order of supervision or qualified |
probation was imposed in his or her petition. If |
multiple sentences, orders of supervision, or orders |
of qualified probation terminate on the same day and |
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are last in time, they shall be collectively considered |
the "last sentence" regardless of whether they were |
ordered to run concurrently. |
(G) "Minor traffic offense" means a petty offense, |
business offense, or Class C misdemeanor under the |
Illinois Vehicle Code or a similar provision of a |
municipal or local ordinance. |
(H) "Municipal ordinance violation" means an |
offense defined by a municipal or local ordinance that |
is criminal in nature and with which the petitioner was |
charged or for which the petitioner was arrested and |
released without charging. |
(I) "Petitioner" means an adult or a minor |
prosecuted as an
adult who has applied for relief under |
this Section. |
(J) "Qualified probation" means an order of |
probation under Section 10 of the Cannabis Control Act, |
Section 410 of the Illinois Controlled Substances Act, |
Section 70 of the Methamphetamine Control and |
Community Protection Act, Section 5-6-3.3 of the |
Unified Code of Corrections, Section 12-4.3(b)(1) and |
(2) of the Criminal Code of 1961 (as those provisions |
existed before their deletion by Public Act 89-313), |
Section 10-102 of the Illinois Alcoholism and Other |
Drug Dependency Act, Section 40-10 of the Alcoholism |
and Other Drug Abuse and Dependency Act, or Section 10 |
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of the Steroid Control Act. For the purpose of this |
Section, "successful completion" of an order of |
qualified probation under Section 10-102 of the |
Illinois Alcoholism and Other Drug Dependency Act and |
Section 40-10 of the Alcoholism and Other Drug Abuse |
and Dependency Act means that the probation was |
terminated satisfactorily and the judgment of |
conviction was vacated. |
(K) "Seal" means to physically and electronically |
maintain the records, unless the records would |
otherwise be destroyed due to age, but to make the |
records unavailable without a court order, subject to |
the exceptions in Sections 12 and 13 of this Act. The |
petitioner's name shall also be obliterated from the |
official index required to be kept by the circuit court |
clerk under Section 16 of the Clerks of Courts Act, but |
any index issued by the circuit court clerk before the |
entry of the order to seal shall not be affected. |
(L) "Sexual offense committed against a minor" |
includes but is
not limited to the offenses of indecent |
solicitation of a child
or criminal sexual abuse when |
the victim of such offense is
under 18 years of age. |
(M) "Terminate" as it relates to a sentence or |
order of supervision or qualified probation includes |
either satisfactory or unsatisfactory termination of |
the sentence, unless otherwise specified in this |
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Section. |
(2) Minor Traffic Offenses.
Orders of supervision or |
convictions for minor traffic offenses shall not affect a |
petitioner's eligibility to expunge or seal records |
pursuant to this Section. |
(3) Exclusions. Except as otherwise provided in |
subsections (b)(5), (b)(6), (e), and (e-5), and (e-6) of |
this Section, the court shall not order: |
(A) the sealing or expungement of the records of |
arrests or charges not initiated by arrest that result |
in an order of supervision for or conviction of:
(i) |
any sexual offense committed against a
minor; (ii) |
Section 11-501 of the Illinois Vehicle Code or a |
similar provision of a local ordinance; or (iii) |
Section 11-503 of the Illinois Vehicle Code or a |
similar provision of a local ordinance, unless the |
arrest or charge is for a misdemeanor violation of |
subsection (a) of Section 11-503 or a similar provision |
of a local ordinance, that occurred prior to the |
offender reaching the age of 25 years and the offender |
has no other conviction for violating Section 11-501 or |
11-503 of the Illinois Vehicle Code or a similar |
provision of a local ordinance. |
(B) the sealing or expungement of records of minor |
traffic offenses (as defined in subsection (a)(1)(G)), |
unless the petitioner was arrested and released |
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without charging. |
(C) the sealing of the records of arrests or |
charges not initiated by arrest which result in an |
order of supervision, an order of qualified probation |
(as defined in subsection (a)(1)(J)), or a conviction |
for the following offenses: |
(i) offenses included in Article 11 of the |
Criminal Code of 1961 or a similar provision of a |
local ordinance, except Section 11-14 of the |
Criminal Code of 1961 or a similar provision of a |
local ordinance; |
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
26-5, or 48-1 of the Criminal Code of 1961 or a |
similar provision of a local ordinance; |
(iii) offenses defined as "crimes of violence" |
in Section 2 of the Crime Victims Compensation Act |
or a similar provision of a local ordinance; |
(iv) offenses which are Class A misdemeanors |
under the Humane Care for Animals Act; or |
(v) any offense or attempted offense that |
would subject a person to registration under the |
Sex Offender Registration Act. |
(D) the sealing of the records of an arrest which |
results in
the petitioner being charged with a felony |
offense or records of a charge not initiated by arrest |
for a felony offense unless: |
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(i) the charge is amended to a misdemeanor and |
is otherwise
eligible to be sealed pursuant to |
subsection (c); |
(ii) the charge is brought along with another |
charge as a part of one case and the charge results |
in acquittal, dismissal, or conviction when the |
conviction was reversed or vacated, and another |
charge brought in the same case results in a |
disposition for a misdemeanor offense that is |
eligible to be sealed pursuant to subsection (c) or |
a disposition listed in paragraph (i), (iii), or |
(iv) of this subsection; |
(iii) the charge results in first offender |
probation as set forth in subsection (c)(2)(E); |
(iv) the charge is for a Class 4 felony offense |
listed in subsection (c)(2)(F) or the charge is |
amended to a Class 4 felony offense listed in |
subsection (c)(2)(F). Records of arrests which |
result in the petitioner being charged with a Class |
4 felony offense listed in subsection (c)(2)(F), |
records of charges not initiated by arrest for |
Class 4 felony offenses listed in subsection |
(c)(2)(F), and records of charges amended to a |
Class 4 felony offense listed in (c)(2)(F) may be |
sealed, regardless of the disposition, subject to |
any waiting periods set forth in subsection |
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(c)(3); |
(v) the charge results in acquittal, |
dismissal, or the petitioner's release without |
conviction; or |
(vi) the charge results in a conviction, but |
the conviction was reversed or vacated. |
(b) Expungement. |
(1) A petitioner may petition the circuit court to |
expunge the
records of his or her arrests and charges not |
initiated by arrest when: |
(A) He or she has never been convicted of a |
criminal offense; and |
(B) Each arrest or charge not initiated by arrest
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sought to be expunged resulted in:
(i) acquittal, |
dismissal, or the petitioner's release without |
charging, unless excluded by subsection (a)(3)(B);
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(ii) a conviction which was vacated or reversed, unless |
excluded by subsection (a)(3)(B);
(iii) an order of |
supervision and such supervision was successfully |
completed by the petitioner, unless excluded by |
subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
qualified probation (as defined in subsection |
(a)(1)(J)) and such probation was successfully |
completed by the petitioner. |
(2) Time frame for filing a petition to expunge. |
(A) When the arrest or charge not initiated by |
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arrest sought to be expunged resulted in an acquittal, |
dismissal, the petitioner's release without charging, |
or the reversal or vacation of a conviction, there is |
no waiting period to petition for the expungement of |
such records. |
(B) When the arrest or charge not initiated by |
arrest
sought to be expunged resulted in an order of |
supervision, successfully
completed by the petitioner, |
the following time frames will apply: |
(i) Those arrests or charges that resulted in |
orders of
supervision under Section 3-707, 3-708, |
3-710, or 5-401.3 of the Illinois Vehicle Code or a |
similar provision of a local ordinance, or under |
Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
Code of 1961 or a similar provision of a local |
ordinance, shall not be eligible for expungement |
until 5 years have passed following the |
satisfactory termination of the supervision. |
(i-5) Those arrests or charges that resulted |
in orders of supervision for a misdemeanor |
violation of subsection (a) of Section 11-503 of |
the Illinois Vehicle Code or a similar provision of |
a local ordinance, that occurred prior to the |
offender reaching the age of 25 years and the |
offender has no other conviction for violating |
Section 11-501 or 11-503 of the Illinois Vehicle |
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Code or a similar provision of a local ordinance |
shall not be eligible for expungement until the |
petitioner has reached the age of 25 years. |
(ii) Those arrests or charges that resulted in |
orders
of supervision for any other offenses shall |
not be
eligible for expungement until 2 years have |
passed
following the satisfactory termination of |
the supervision. |
(C) When the arrest or charge not initiated by |
arrest sought to
be expunged resulted in an order of |
qualified probation, successfully
completed by the |
petitioner, such records shall not be eligible for
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expungement until 5 years have passed following the |
satisfactory
termination of the probation. |
(3) Those records maintained by the Department for
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persons arrested prior to their 17th birthday shall be
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expunged as provided in Section 5-915 of the Juvenile Court
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Act of 1987. |
(4) Whenever a person has been arrested for or |
convicted of any
offense, in the name of a person whose |
identity he or she has stolen or otherwise
come into |
possession of, the aggrieved person from whom the identity
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was stolen or otherwise obtained without authorization,
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upon learning of the person having been arrested using his
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or her identity, may, upon verified petition to the chief |
judge of
the circuit wherein the arrest was made, have a |
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court order
entered nunc pro tunc by the Chief Judge to |
correct the
arrest record, conviction record, if any, and |
all official
records of the arresting authority, the |
Department, other
criminal justice agencies, the |
prosecutor, and the trial
court concerning such arrest, if |
any, by removing his or her name
from all such records in |
connection with the arrest and
conviction, if any, and by |
inserting in the records the
name of the offender, if known |
or ascertainable, in lieu of
the aggrieved's name. The |
records of the circuit court clerk shall be sealed until |
further order of
the court upon good cause shown and the |
name of the
aggrieved person obliterated on the official |
index
required to be kept by the circuit court clerk under
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Section 16 of the Clerks of Courts Act, but the order shall
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not affect any index issued by the circuit court clerk
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before the entry of the order. Nothing in this Section
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shall limit the Department of State Police or other
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criminal justice agencies or prosecutors from listing
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under an offender's name the false names he or she has
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used. |
(5) Whenever a person has been convicted of criminal
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sexual assault, aggravated criminal sexual assault,
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predatory criminal sexual assault of a child, criminal
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sexual abuse, or aggravated criminal sexual abuse, the
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victim of that offense may request that the State's
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Attorney of the county in which the conviction occurred
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file a verified petition with the presiding trial judge at
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the petitioner's trial to have a court order entered to |
seal
the records of the circuit court clerk in connection
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with the proceedings of the trial court concerning that
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offense. However, the records of the arresting authority
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and the Department of State Police concerning the offense
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shall not be sealed. The court, upon good cause shown,
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shall make the records of the circuit court clerk in
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connection with the proceedings of the trial court
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concerning the offense available for public inspection. |
(6) If a conviction has been set aside on direct review
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or on collateral attack and the court determines by clear
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and convincing evidence that the petitioner was factually
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innocent of the charge, the court shall enter an
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expungement order as provided in subsection (b) of Section
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5-5-4 of the Unified Code of Corrections. |
(7) Nothing in this Section shall prevent the |
Department of
State Police from maintaining all records of |
any person who
is admitted to probation upon terms and |
conditions and who
fulfills those terms and conditions |
pursuant to Section 10
of the Cannabis Control Act, Section |
410 of the Illinois
Controlled Substances Act, Section 70 |
of the
Methamphetamine Control and Community Protection |
Act,
Section 5-6-3.3 of the Unified Code of Corrections, |
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of |
the Criminal Code of 1961, Section 10-102
of the Illinois |
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Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
the Alcoholism and Other Drug Abuse and
Dependency Act, or |
Section 10 of the Steroid Control Act. |
(c) Sealing. |
(1) Applicability. Notwithstanding any other provision |
of this Act to the contrary, and cumulative with any rights |
to expungement of criminal records, this subsection |
authorizes the sealing of criminal records of adults and of |
minors prosecuted as adults. |
(2) Eligible Records. The following records may be |
sealed: |
(A) All arrests resulting in release without |
charging; |
(B) Arrests or charges not initiated by arrest |
resulting in acquittal, dismissal, or conviction when |
the conviction was reversed or vacated, except as |
excluded by subsection (a)(3)(B); |
(C) Arrests or charges not initiated by arrest |
resulting in orders of supervision successfully |
completed by the petitioner, unless excluded by |
subsection (a)(3); |
(D) Arrests or charges not initiated by arrest |
resulting in convictions unless excluded by subsection |
(a)(3); |
(E) Arrests or charges not initiated by arrest |
resulting in orders of first offender probation under |
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Section 10 of the Cannabis Control Act, Section 410 of |
the Illinois Controlled Substances Act, Section 70 of |
the Methamphetamine Control and Community Protection |
Act, or Section 5-6-3.3 of the Unified Code of |
Corrections; and |
(F) Arrests or charges not initiated by arrest |
resulting in Class 4 felony convictions for the |
following offenses: |
(i) Section 11-14 of the Criminal Code of 1961; |
(ii) Section 4 of the Cannabis Control Act; |
(iii) Section 402 of the Illinois Controlled |
Substances Act; |
(iv) the Methamphetamine Precursor Control |
Act; and |
(v) the Steroid Control Act. |
(3) When Records Are Eligible to Be Sealed. Records |
identified as eligible under subsection (c)(2) may be |
sealed as follows: |
(A) Records identified as eligible under |
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
time. |
(B) Records identified as eligible under |
subsection (c)(2)(C) may be sealed
(i) 3 years after |
the termination of petitioner's last sentence (as |
defined in subsection (a)(1)(F)) if the petitioner has |
never been convicted of a criminal offense (as defined |
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in subsection (a)(1)(D)); or
(ii) 4 years after the |
termination of the petitioner's last sentence (as |
defined in subsection (a)(1)(F)) if the petitioner has |
ever been convicted of a criminal offense (as defined |
in subsection (a)(1)(D)). |
(C) Records identified as eligible under |
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
sealed 4 years after the termination of the |
petitioner's last sentence (as defined in subsection |
(a)(1)(F)). |
(D) Records identified in subsection |
(a)(3)(A)(iii) may be sealed after the petitioner has |
reached the age of 25 years. |
(4) Subsequent felony convictions. A person may not |
have
subsequent felony conviction records sealed as |
provided in this subsection
(c) if he or she is convicted |
of any felony offense after the date of the
sealing of |
prior felony convictions as provided in this subsection |
(c). The court may, upon conviction for a subsequent felony |
offense, order the unsealing of prior felony conviction |
records previously ordered sealed by the court. |
(5) Notice of eligibility for sealing. Upon entry of a |
disposition for an eligible record under this subsection |
(c), the petitioner shall be informed by the court of the |
right to have the records sealed and the procedures for the |
sealing of the records. |
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(d) Procedure. The following procedures apply to |
expungement under subsections (b), and (e), and (e-6) and |
sealing under subsections (c) and (e-5): |
(1) Filing the petition. Upon becoming eligible to |
petition for
the expungement or sealing of records under |
this Section, the petitioner shall file a petition |
requesting the expungement
or sealing of records with the |
clerk of the court where the arrests occurred or the |
charges were brought, or both. If arrests occurred or |
charges were brought in multiple jurisdictions, a petition |
must be filed in each such jurisdiction. The petitioner |
shall pay the applicable fee, if not waived. |
(2) Contents of petition. The petition shall be
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verified and shall contain the petitioner's name, date of
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birth, current address and, for each arrest or charge not |
initiated by
arrest sought to be sealed or expunged, the |
case number, the date of
arrest (if any), the identity of |
the arresting authority, and such
other information as the |
court may require. During the pendency
of the proceeding, |
the petitioner shall promptly notify the
circuit court |
clerk of any change of his or her address. If the |
petitioner has received a certificate of eligibility for |
sealing from the Prisoner Review Board under paragraph (10) |
of subsection (a) of Section 3-3-2 of the Unified Code of |
Corrections, the certificate shall be attached to the |
petition. |
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(3) Drug test. The petitioner must attach to the |
petition proof that the petitioner has passed a test taken |
within 30 days before the filing of the petition showing |
the absence within his or her body of all illegal |
substances as defined by the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act, and the Cannabis Control Act if he or she |
is petitioning to seal felony records pursuant to clause |
(c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is |
petitioning to expunge felony records of a qualified |
probation pursuant to clause (b)(1)(B)(iv). |
(4) Service of petition. The circuit court clerk shall |
promptly
serve a copy of the petition and documentation to |
support the petition under subsection (e), (e-5), or (e-6) |
on the State's Attorney or
prosecutor charged with the duty |
of prosecuting the
offense, the Department of State Police, |
the arresting
agency and the chief legal officer of the |
unit of local
government effecting the arrest. |
(5) Objections. |
(A) Any party entitled to notice of the petition |
may file an objection to the petition. All objections |
shall be in writing, shall be filed with the circuit |
court clerk, and shall state with specificity the basis |
of the objection. |
(B) Objections to a petition to expunge or seal |
must be filed within 60 days of the date of service of |
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the petition. |
(6) Entry of order. |
(A) The Chief Judge of the circuit wherein the |
charge was brought, any judge of that circuit |
designated by the Chief Judge, or in counties of less |
than 3,000,000 inhabitants, the presiding trial judge |
at the petitioner's trial, if any, shall rule on the |
petition to expunge or seal as set forth in this |
subsection (d)(6). |
(B) Unless the State's Attorney or prosecutor, the |
Department of
State Police, the arresting agency, or |
the chief legal officer
files an objection to the |
petition to expunge or seal within 60 days from the |
date of service of the petition, the court shall enter |
an order granting or denying the petition. |
(7) Hearings. If an objection is filed, the court shall |
set a date for a hearing and notify the petitioner and all |
parties entitled to notice of the petition of the hearing |
date at least 30 days prior to the hearing, and shall hear |
evidence on whether the petition should or should not be |
granted, and shall grant or deny the petition to expunge or |
seal the records based on the evidence presented at the |
hearing. |
(8) Service of order. After entering an order to |
expunge or
seal records, the court must provide copies of |
the order to the
Department, in a form and manner |
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prescribed by the Department,
to the petitioner, to the |
State's Attorney or prosecutor
charged with the duty of |
prosecuting the offense, to the
arresting agency, to the |
chief legal officer of the unit of
local government |
effecting the arrest, and to such other
criminal justice |
agencies as may be ordered by the court. |
(9) Effect of order. |
(A) Upon entry of an order to expunge records |
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency, |
the Department, and any other agency as ordered by |
the court, within 60 days of the date of service of |
the order, unless a motion to vacate, modify, or |
reconsider the order is filed pursuant to |
paragraph (12) of subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court |
upon good cause shown and the name of the |
petitioner obliterated on the official index |
required to be kept by the circuit court clerk |
under Section 16 of the Clerks of Courts Act, but |
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; |
and |
(iii) in response to an inquiry for expunged |
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records, the court, the Department, or the agency |
receiving such inquiry, shall reply as it does in |
response to inquiries when no records ever |
existed. |
(B) Upon entry of an order to expunge records |
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency |
and any other agency as ordered by the court, |
within 60 days of the date of service of the order, |
unless a motion to vacate, modify, or reconsider |
the order is filed pursuant to paragraph (12) of |
subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court |
upon good cause shown and the name of the |
petitioner obliterated on the official index |
required to be kept by the circuit court clerk |
under Section 16 of the Clerks of Courts Act, but |
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; |
(iii) the records shall be impounded by the
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Department within 60 days of the date of service of |
the order as ordered by the court, unless a motion |
to vacate, modify, or reconsider the order is filed |
pursuant to paragraph (12) of subsection (d) of |
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this Section; |
(iv) records impounded by the Department may |
be disseminated by the Department only as required |
by law or to the arresting authority, the State's |
Attorney, and the court upon a later arrest for the |
same or a similar offense or for the purpose of |
sentencing for any subsequent felony, and to the |
Department of Corrections upon conviction for any |
offense; and |
(v) in response to an inquiry for such records |
from anyone not authorized by law to access such |
records the court, the Department, or the agency |
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever |
existed. |
(B-5) Upon entry of an order to expunge records |
under subsection (e-6): |
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency |
and any other agency as ordered by the court, |
within 60 days of the date of service of the order, |
unless a motion to vacate, modify, or reconsider |
the order is filed under paragraph (12) of |
subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court |
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upon good cause shown and the name of the |
petitioner obliterated on the official index |
required to be kept by the circuit court clerk |
under Section 16 of the Clerks of Courts Act, but |
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; |
(iii) the records shall be impounded by the
|
Department within 60 days of the date of service of |
the order as ordered by the court, unless a motion |
to vacate, modify, or reconsider the order is filed |
under paragraph (12) of subsection (d) of this |
Section; |
(iv) records impounded by the Department may |
be disseminated by the Department only as required |
by law or to the arresting authority, the State's |
Attorney, and the court upon a later arrest for the |
same or a similar offense or for the purpose of |
sentencing for any subsequent felony, and to the |
Department of Corrections upon conviction for any |
offense; and |
(v) in response to an inquiry for these records |
from anyone not authorized by law to access the |
records the court, the Department, or the agency |
receiving the inquiry shall reply as it does in |
response to inquiries when no records ever |
existed. |
|
(C) Upon entry of an order to seal records under |
subsection
(c), the arresting agency, any other agency |
as ordered by the court, the Department, and the court |
shall seal the records (as defined in subsection |
(a)(1)(K)). In response to an inquiry for such records |
from anyone not authorized by law to access such |
records the court, the Department, or the agency |
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever existed. |
(10) Fees. The Department may charge the petitioner a |
fee equivalent to the cost of processing any order to |
expunge or seal records. Notwithstanding any provision of |
the Clerks of Courts Act to the contrary, the circuit court |
clerk may charge a fee equivalent to the cost associated |
with the sealing or expungement of records by the circuit |
court clerk. From the total filing fee collected for the |
petition to seal or expunge, the circuit court clerk shall |
deposit $10 into the Circuit Court Clerk Operation and |
Administrative Fund, to be used to offset the costs |
incurred by the circuit court clerk in performing the |
additional duties required to serve the petition to seal or |
expunge on all parties. The circuit court clerk shall |
collect and forward the Department of State Police portion |
of the fee to the Department and it shall be deposited in |
the State Police Services Fund. |
(11) Final Order. No court order issued under the |
|
expungement or sealing provisions of this Section shall |
become final for purposes of appeal until 30 days after |
service of the order on the petitioner and all parties |
entitled to notice of the petition. |
(12) Motion to Vacate, Modify, or Reconsider. The |
petitioner or any party entitled to notice may file a |
motion to vacate, modify, or reconsider the order granting |
or denying the petition to expunge or seal within 60 days |
of service of the order. |
(e) Whenever a person who has been convicted of an offense |
is granted
a pardon by the Governor which specifically |
authorizes expungement, he or she may,
upon verified petition |
to the Chief Judge of the circuit where the person had
been |
convicted, any judge of the circuit designated by the Chief |
Judge, or in
counties of less than 3,000,000 inhabitants, the |
presiding trial judge at the
defendant's trial, have a court |
order entered expunging the record of
arrest from the official |
records of the arresting authority and order that the
records |
of the circuit court clerk and the Department be sealed until
|
further order of the court upon good cause shown or as |
otherwise provided
herein, and the name of the defendant |
obliterated from the official index
requested to be kept by the |
circuit court clerk under Section 16 of the Clerks
of Courts |
Act in connection with the arrest and conviction for the |
offense for
which he or she had been pardoned but the order |
shall not affect any index issued by
the circuit court clerk |
|
before the entry of the order. All records sealed by
the |
Department may be disseminated by the Department only to the |
arresting authority, the State's Attorney, and the court upon a |
later
arrest for the same or similar offense or for the purpose |
of sentencing for any
subsequent felony. Upon conviction for |
any subsequent offense, the Department
of Corrections shall |
have access to all sealed records of the Department
pertaining |
to that individual. Upon entry of the order of expungement, the
|
circuit court clerk shall promptly mail a copy of the order to |
the
person who was pardoned. |
(e-5) Whenever a person who has been convicted of an |
offense is granted a certificate of eligibility for sealing by |
the Prisoner Review Board which specifically authorizes |
sealing, he or she may, upon verified petition to the Chief |
Judge of the circuit where the person had been convicted, any |
judge of the circuit designated by the Chief Judge, or in |
counties of less than 3,000,000 inhabitants, the presiding |
trial judge at the petitioner's trial, have a court order |
entered sealing the record of arrest from the official records |
of the arresting authority and order that the records of the |
circuit court clerk and the Department be sealed until further |
order of the court upon good cause shown or as otherwise |
provided herein, and the name of the petitioner obliterated |
from the official index requested to be kept by the circuit |
court clerk under Section 16 of the Clerks of Courts Act in |
connection with the arrest and conviction for the offense for |
|
which he or she had been granted the certificate but the order |
shall not affect any index issued by the circuit court clerk |
before the entry of the order. All records sealed by the |
Department may be disseminated by the Department only as |
required by this Act or to the arresting authority, a law |
enforcement agency, the State's Attorney, and the court upon a |
later arrest for the same or similar offense or for the purpose |
of sentencing for any subsequent felony. Upon conviction for |
any subsequent offense, the Department of Corrections shall |
have access to all sealed records of the Department pertaining |
to that individual. Upon entry of the order of sealing, the |
circuit court clerk shall promptly mail a copy of the order to |
the person who was granted the certificate of eligibility for |
sealing. |
(e-6) Whenever a person who has been convicted of an |
offense is granted a certificate of eligibility for expungement |
by the Prisoner Review Board which specifically authorizes |
expungement, he or she may, upon verified petition to the Chief |
Judge of the circuit where the person had been convicted, any |
judge of the circuit designated by the Chief Judge, or in |
counties of less than 3,000,000 inhabitants, the presiding |
trial judge at the petitioner's trial, have a court order |
entered expunging the record of arrest from the official |
records of the arresting authority and order that the records |
of the circuit court clerk and the Department be sealed until |
further order of the court upon good cause shown or as |
|
otherwise provided herein, and the name of the petitioner |
obliterated from the official index requested to be kept by the |
circuit court clerk under Section 16 of the Clerks of Courts |
Act in connection with the arrest and conviction for the |
offense for which he or she had been granted the certificate |
but the order shall not affect any index issued by the circuit |
court clerk before the entry of the order. All records sealed |
by the Department may be disseminated by the Department only as |
required by this Act or to the arresting authority, a law |
enforcement agency, the State's Attorney, and the court upon a |
later arrest for the same or similar offense or for the purpose |
of sentencing for any subsequent felony. Upon conviction for |
any subsequent offense, the Department of Corrections shall |
have access to all expunged records of the Department |
pertaining to that individual. Upon entry of the order of |
expungement, the circuit court clerk shall promptly mail a copy |
of the order to the person who was granted the certificate of |
eligibility for expungement. |
(f) Subject to available funding, the Illinois Department
|
of Corrections shall conduct a study of the impact of sealing,
|
especially on employment and recidivism rates, utilizing a
|
random sample of those who apply for the sealing of their
|
criminal records under Public Act 93-211. At the request of the
|
Illinois Department of Corrections, records of the Illinois
|
Department of Employment Security shall be utilized as
|
appropriate to assist in the study. The study shall not
|
|
disclose any data in a manner that would allow the
|
identification of any particular individual or employing unit.
|
The study shall be made available to the General Assembly no
|
later than September 1, 2010.
|
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; |
96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. |
7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, |
eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13; |
97-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13; |
97-1120, eff. 1-1-13; revised 9-20-12.)
|
(20 ILCS 2630/13)
|
Sec. 13. Retention and release of sealed records. |
(a) The Department of State Police shall retain records |
sealed under
subsection (c),, or (e-5) of Section 5.2 or |
impounded under subparagraph (B) or (B-5) of paragraph (9) of |
subsection (d) of Section 5.2 and shall release them only as |
authorized by this Act. Felony records sealed under subsection |
(c),, or (e-5) of Section 5.2 or impounded under subparagraph |
(B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2
|
shall be used and
disseminated by the Department only as |
otherwise specifically required or authorized by a federal or |
State law, rule, or regulation that requires inquiry into and |
release of criminal records, including, but not limited to, |
subsection (A) of Section 3 of this Act. However, all requests |
for records that have been expunged, sealed, and impounded and |
|
the use of those records are subject to the provisions of |
Section 2-103 of the Illinois Human Rights Act. Upon
conviction |
for any offense, the Department of Corrections shall have
|
access to all sealed records of the Department pertaining to |
that
individual. |
(b) Notwithstanding the foregoing, all sealed or impounded |
records are subject to inspection and use by the court and |
inspection and use by law enforcement agencies and State's |
Attorneys or other prosecutors in carrying out the duties of |
their offices.
|
(c) The sealed or impounded records maintained under |
subsection (a) are exempt from
disclosure under the Freedom of |
Information Act. |
(d) The Department of State Police shall commence the |
sealing of records of felony arrests and felony convictions |
pursuant to the provisions of subsection (c) of Section 5.2 of |
this Act no later than one year from the date that funds have |
been made available for purposes of establishing the |
technologies necessary to implement the changes made by this |
amendatory Act of the 93rd General Assembly.
|
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; |
97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; revised 9-20-12.)
|
Section 10. The Unified Code of Corrections is amended by |
changing Section 3-3-2 as follows:
|
|
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
|
Sec. 3-3-2. Powers and Duties.
|
(a) The Parole and Pardon Board is abolished and the term |
"Parole and
Pardon Board" as used in any law of Illinois, shall |
read "Prisoner Review
Board." After the effective date of this |
amendatory Act of 1977, the
Prisoner Review Board shall provide |
by rule for the orderly transition of
all files, records, and |
documents of the Parole and Pardon Board and for
such other |
steps as may be necessary to effect an orderly transition and |
shall:
|
(1) hear by at least one member and through a panel of |
at least 3 members
decide, cases of prisoners
who were |
sentenced under the law in effect prior to the effective
|
date of this amendatory Act of 1977, and who are eligible |
for parole;
|
(2) hear by at least one member and through a panel of |
at least 3 members decide, the conditions of
parole and the |
time of discharge from parole, impose sanctions for
|
violations of parole, and revoke
parole for those sentenced |
under the law in effect prior to this amendatory
Act of |
1977; provided that the decision to parole and the |
conditions of
parole for all prisoners who were sentenced |
for first degree murder or who
received a minimum sentence |
of 20 years or more under the law in effect
prior to |
February 1, 1978 shall be determined by a majority vote of |
the
Prisoner Review Board. One representative supporting |
|
parole and one representative opposing parole will be |
allowed to speak. Their comments shall be limited to making |
corrections and filling in omissions to the Board's |
presentation and discussion;
|
(3) hear by at least one member and through a panel of |
at least 3 members decide, the conditions
of mandatory |
supervised release and the time of discharge from mandatory
|
supervised release, impose sanctions for violations of |
mandatory
supervised release, and revoke mandatory |
supervised release for those
sentenced under the law in |
effect after the effective date of this
amendatory Act of |
1977;
|
(3.5) hear by at least one member and through a panel |
of at least 3 members decide, the conditions of mandatory |
supervised release and the time of discharge from mandatory |
supervised release, to impose sanctions for violations of |
mandatory supervised release and revoke mandatory |
supervised release for those serving extended supervised |
release terms pursuant to paragraph (4) of subsection (d) |
of Section 5-8-1;
|
(4) hear by at least 1 member and through a panel of at |
least 3
members,
decide cases brought by the Department of |
Corrections against a prisoner in
the custody of the |
Department for alleged violation of Department rules
with |
respect to sentence credits under Section 3-6-3 of this |
Code
in which the Department seeks to revoke sentence |
|
credits, if the amount
of time at issue exceeds 30 days or |
when, during any 12 month period, the
cumulative amount of |
credit revoked exceeds 30 days except where the
infraction |
is committed or discovered within 60 days of scheduled |
release.
In such cases, the Department of Corrections may |
revoke up to 30 days of
sentence credit. The Board may |
subsequently approve the revocation of
additional sentence |
credit, if the Department seeks to revoke sentence credit |
in excess of thirty days. However, the Board shall not be
|
empowered to review the Department's decision with respect |
to the loss of
30 days of sentence credit for any prisoner |
or to increase any penalty
beyond the length requested by |
the Department;
|
(5) hear by at least one member and through a panel of |
at least 3
members decide, the
release dates for certain |
prisoners sentenced under the law in existence
prior to the |
effective date of this amendatory Act of 1977, in
|
accordance with Section 3-3-2.1 of this Code;
|
(6) hear by at least one member and through a panel of |
at least 3 members
decide, all requests for pardon, |
reprieve or commutation, and make confidential
|
recommendations to the Governor;
|
(7) comply with the requirements of the Open Parole |
Hearings Act;
|
(8) hear by at least one member and, through a panel of |
at least 3
members, decide cases brought by the Department |
|
of Corrections against a
prisoner in the custody of the |
Department for court dismissal of a frivolous
lawsuit |
pursuant to Section 3-6-3(d) of this Code in which the |
Department seeks
to revoke up to 180 days of sentence |
credit, and if the prisoner has not
accumulated 180 days of |
sentence credit at the time of the dismissal, then
all |
sentence credit accumulated by the prisoner shall be |
revoked;
|
(9) hear by at least 3 members, and, through a panel of |
at least 3
members, decide whether to grant certificates of |
relief from
disabilities or certificates of good conduct as |
provided in Article 5.5 of
Chapter V; and |
(10) upon a petition by a person who has been convicted |
of a Class 3 or Class 4 felony and who meets the |
requirements of this paragraph, hear by at least 3 members |
and, with the unanimous vote of a panel of 3 members, issue |
a certificate of eligibility for sealing recommending that |
the court order the sealing of all official
records of the |
arresting authority, the circuit court clerk, and the |
Department of State Police concerning the arrest and |
conviction for the Class 3 or 4 felony. A person may not |
apply to the Board for a certificate of eligibility for |
sealing: |
(A) until 5 years have elapsed since the expiration |
of his or her sentence; |
(B) until 5 years have elapsed since any arrests or |
|
detentions by a law enforcement officer for an alleged |
violation of law, other than a petty offense, traffic |
offense, conservation offense, or local ordinance |
offense; |
(C) if convicted of a violation of the Cannabis |
Control Act, Illinois Controlled Substances Act, the |
Methamphetamine Control and Community Protection Act, |
the Methamphetamine Precursor Control Act, or the |
Methamphetamine Precursor Tracking Act unless the |
petitioner has completed a drug abuse program for the |
offense on which sealing is sought and provides proof |
that he or she has completed the program successfully; |
(D) if convicted of: |
(i) a sex offense described in Article 11 or |
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of |
the Criminal Code of 1961; |
(ii) aggravated assault; |
(iii) aggravated battery; |
(iv) domestic battery; |
(v) aggravated domestic battery; |
(vi) violation of an order of protection; |
(vii) an offense under the Criminal Code of |
1961 involving a firearm; |
(viii) driving while under the influence of |
alcohol, other drug or drugs, intoxicating |
compound or compounds or any combination thereof; |
|
(ix) aggravated driving while under the |
influence of alcohol, other drug or drugs, |
intoxicating compound or compounds or any |
combination thereof; or |
(x) any crime defined as a crime of violence |
under Section 2 of the Crime Victims Compensation |
Act. |
If a person has applied to the Board for a certificate of |
eligibility for sealing and the Board denies the certificate, |
the person must wait at least 4 years before filing again or |
filing for pardon from the Governor unless the Chairman of the |
Prisoner Review Board grants a waiver. |
The decision to issue or refrain from issuing a certificate |
of eligibility for sealing shall be at the Board's sole |
discretion, and shall not give rise to any cause of action |
against either the Board or its members. |
The Board may only authorize the sealing of Class 3 and 4 |
felony convictions of the petitioner from one information or |
indictment under this paragraph (10). A petitioner may only |
receive one certificate of eligibility for sealing under this |
provision for life; and .
|
(11) upon a petition by a person who after having been |
convicted of a Class 3 or Class 4 felony thereafter served |
in the United States Armed Forces or National Guard of this |
or any other state and had received an honorable discharge |
from the United States Armed Forces or National Guard or |
|
who at the time of filing the petition is enlisted in the |
United States Armed Forces or National Guard of this or any |
other state and served one tour of duty and who meets the |
requirements of this paragraph, hear by at least 3 members |
and, with the unanimous vote of a panel of 3 members, issue |
a certificate of eligibility for expungement recommending |
that the court order the expungement of all official
|
records of the arresting authority, the circuit court |
clerk, and the Department of State Police concerning the |
arrest and conviction for the Class 3 or 4 felony. A person |
may not apply to the Board for a certificate of eligibility |
for expungement: |
(A) if convicted of: |
(i) a sex offense described in Article 11 or |
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of |
the Criminal Code of 1961 or Criminal Code of 2012; |
(ii) an offense under the Criminal Code of 1961 |
or Criminal Code of 2012 involving a firearm; or |
(iii) a crime of violence as defined in Section |
2 of the Crime Victims Compensation Act; or |
(B) if the person has not served in the United |
States Armed Forces or National Guard of this or any |
other state or has not received an honorable discharge |
from the United States Armed Forces or National Guard |
of this or any other state or who at the time of the |
filing of the petition is serving in the United States |
|
Armed Forces or National Guard of this or any other |
state and has not completed one tour of duty. |
If a person has applied to the Board for a certificate |
of eligibility for expungement and the Board denies the |
certificate, the person must wait at least 4 years before |
filing again or filing for a pardon with authorization for |
expungement from the Governor unless the Governor or |
Chairman of the Prisoner Review Board grants a waiver. |
(a-5) The Prisoner Review Board, with the cooperation of |
and in
coordination with the Department of Corrections and the |
Department of Central
Management Services, shall implement a |
pilot project in 3 correctional
institutions providing for the |
conduct of hearings under paragraphs (1) and
(4)
of subsection |
(a) of this Section through interactive video conferences.
The
|
project shall be implemented within 6 months after the |
effective date of this
amendatory Act of 1996. Within 6 months |
after the implementation of the pilot
project, the Prisoner |
Review Board, with the cooperation of and in coordination
with |
the Department of Corrections and the Department of Central |
Management
Services, shall report to the Governor and the |
General Assembly regarding the
use, costs, effectiveness, and |
future viability of interactive video
conferences for Prisoner |
Review Board hearings.
|
(b) Upon recommendation of the Department the Board may |
restore sentence credit previously revoked.
|
(c) The Board shall cooperate with the Department in |
|
promoting an
effective system of parole and mandatory |
supervised release.
|
(d) The Board shall promulgate rules for the conduct of its |
work,
and the Chairman shall file a copy of such rules and any |
amendments
thereto with the Director and with the Secretary of |
State.
|
(e) The Board shall keep records of all of its official |
actions and
shall make them accessible in accordance with law |
and the rules of the
Board.
|
(f) The Board or one who has allegedly violated the |
conditions of
his parole or mandatory supervised release may |
require by subpoena the
attendance and testimony of witnesses |
and the production of documentary
evidence relating to any |
matter under investigation or hearing. The
Chairman of the |
Board may sign subpoenas which shall be served by any
agent or |
public official authorized by the Chairman of the Board, or by
|
any person lawfully authorized to serve a subpoena under the |
laws of the
State of Illinois. The attendance of witnesses, and |
the production of
documentary evidence, may be required from |
any place in the State to a
hearing location in the State |
before the Chairman of the Board or his
designated agent or |
agents or any duly constituted Committee or
Subcommittee of the |
Board. Witnesses so summoned shall be paid the same
fees and |
mileage that are paid witnesses in the circuit courts of the
|
State, and witnesses whose depositions are taken and the |
persons taking
those depositions are each entitled to the same |
|
fees as are paid for
like services in actions in the circuit |
courts of the State. Fees and
mileage shall be vouchered for |
payment when the witness is discharged
from further attendance.
|
In case of disobedience to a subpoena, the Board may |
petition any
circuit court of the State for an order requiring |
the attendance and
testimony of witnesses or the production of |
documentary evidence or
both. A copy of such petition shall be |
served by personal service or by
registered or certified mail |
upon the person who has failed to obey the
subpoena, and such |
person shall be advised in writing that a hearing
upon the |
petition will be requested in a court room to be designated in
|
such notice before the judge hearing motions or extraordinary |
remedies
at a specified time, on a specified date, not less |
than 10 nor more than
15 days after the deposit of the copy of |
the written notice and petition
in the U.S. mails addressed to |
the person at his last known address or
after the personal |
service of the copy of the notice and petition upon
such |
person. The court upon the filing of such a petition, may order |
the
person refusing to obey the subpoena to appear at an |
investigation or
hearing, or to there produce documentary |
evidence, if so ordered, or to
give evidence relative to the |
subject matter of that investigation or
hearing. Any failure to |
obey such order of the circuit court may be
punished by that |
court as a contempt of court.
|
Each member of the Board and any hearing officer designated |
by the
Board shall have the power to administer oaths and to |
|
take the testimony
of persons under oath.
|
(g) Except under subsection (a) of this Section, a majority |
of the
members then appointed to the Prisoner Review Board |
shall constitute a
quorum for the transaction of all business |
of the Board.
|
(h) The Prisoner Review Board shall annually transmit to |
the
Director a detailed report of its work for the preceding |
calendar year.
The annual report shall also be transmitted to |
the Governor for
submission to the Legislature.
|
(Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12; |
97-1120, eff. 1-1-13; revised 9-20-12.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
