Bill Text: IL HB1548 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that upon a petition by a person who has been convicted of a Class 3 or Class 4 felony and who has served in the United States Armed Forces or in the National Guard of this or another state and has received an honorable discharge from the Armed Forces or National Guard and who meets specified requirements, the Prisoner Review Board shall 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. Excludes a person convicted of a sex offense, crime of violence, or firearm offense. Provides that 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. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 25-5)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0399 [HB1548 Detail]

Download: Illinois-2013-HB1548-Engrossed.html

---

HB1548 Engrossed LRB098 00147 RLC 30148 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Identification Act is amended by
changing Sections 5.2 and 13 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
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),

HB1548 Engrossed - 2 - LRB098 00147 RLC 30148 b
(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.

HB1548 Engrossed - 3 - LRB098 00147 RLC 30148 b
(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

HB1548 Engrossed - 4 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 5 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 6 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 7 - LRB098 00147 RLC 30148 b
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:

HB1548 Engrossed - 8 - LRB098 00147 RLC 30148 b
(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

HB1548 Engrossed - 9 - LRB098 00147 RLC 30148 b
(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
sought to be expunged resulted in: (i) acquittal,
dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B);
(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

HB1548 Engrossed - 10 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 11 - LRB098 00147 RLC 30148 b
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
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
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
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a

HB1548 Engrossed - 12 - LRB098 00147 RLC 30148 b
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
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. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred

HB1548 Engrossed - 13 - LRB098 00147 RLC 30148 b
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court shall enter an
expungement order as provided in subsection (b) of Section
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

HB1548 Engrossed - 14 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 15 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 16 - LRB098 00147 RLC 30148 b
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.

HB1548 Engrossed - 17 - LRB098 00147 RLC 30148 b
(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
verified and shall contain the petitioner's name, date of
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.

HB1548 Engrossed - 18 - LRB098 00147 RLC 30148 b
(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

HB1548 Engrossed - 19 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 20 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 21 - LRB098 00147 RLC 30148 b
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
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

HB1548 Engrossed - 22 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 23 - LRB098 00147 RLC 30148 b
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.

HB1548 Engrossed - 24 - LRB098 00147 RLC 30148 b
(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

HB1548 Engrossed - 25 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 26 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 27 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 28 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 29 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 30 - LRB098 00147 RLC 30148 b
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:

HB1548 Engrossed - 31 - LRB098 00147 RLC 30148 b
(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

HB1548 Engrossed - 32 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 33 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 34 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 35 - LRB098 00147 RLC 30148 b
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;

HB1548 Engrossed - 36 - LRB098 00147 RLC 30148 b
(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

HB1548 Engrossed - 37 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 38 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 39 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 40 - LRB098 00147 RLC 30148 b
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

HB1548 Engrossed - 41 - LRB098 00147 RLC 30148 b
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.