HB2367 Engrossed LRB100 09422 SLF 19585 b
1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Criminal Identification Act is amended by
5		changing Section 5.2 as follows:
6		(20 ILCS 2630/5.2)
7		Sec. 5.2. Expungement and sealing.
8		(a) General Provisions.
9		(1) Definitions. In this Act, words and phrases have
10		the meanings set forth in this subsection, except when a
11		particular context clearly requires a different meaning.
12		(A) The following terms shall have the meanings
13		ascribed to them in the Unified Code of Corrections,
14		730 ILCS 5/5-1-2 through 5/5-1-22:
15		(i) Business Offense (730 ILCS 5/5-1-2),
16		(ii) Charge (730 ILCS 5/5-1-3),
17		(iii) Court (730 ILCS 5/5-1-6),
18		(iv) Defendant (730 ILCS 5/5-1-7),
19		(v) Felony (730 ILCS 5/5-1-9),
20		(vi) Imprisonment (730 ILCS 5/5-1-10),
21		(vii) Judgment (730 ILCS 5/5-1-12),
22		(viii) Misdemeanor (730 ILCS 5/5-1-14),
23		(ix) Offense (730 ILCS 5/5-1-15),

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1		(x) Parole (730 ILCS 5/5-1-16),
2		(xi) Petty Offense (730 ILCS 5/5-1-17),
3		(xii) Probation (730 ILCS 5/5-1-18),
4		(xiii) Sentence (730 ILCS 5/5-1-19),
5		(xiv) Supervision (730 ILCS 5/5-1-21), and
6		(xv) Victim (730 ILCS 5/5-1-22).
7		(B) As used in this Section, "charge not initiated
8		by arrest" means a charge (as defined by 730 ILCS
9		5/5-1-3) brought against a defendant where the
10		defendant is not arrested prior to or as a direct
11		result of the charge.
12		(C) "Conviction" means a judgment of conviction or
13		sentence entered upon a plea of guilty or upon a
14		verdict or finding of guilty of an offense, rendered by
15		a legally constituted jury or by a court of competent
16		jurisdiction authorized to try the case without a jury.
17		An order of supervision successfully completed by the
18		petitioner is not a conviction. An order of qualified
19		probation (as defined in subsection (a)(1)(J))
20		successfully completed by the petitioner is not a
21		conviction. An order of supervision or an order of
22		qualified probation that is terminated
23		unsatisfactorily is a conviction, unless the
24		unsatisfactory termination is reversed, vacated, or
25		modified and the judgment of conviction, if any, is
26		reversed or vacated.

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

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1		are last in time, they shall be collectively considered
2		the "last sentence" regardless of whether they were
3		ordered to run concurrently.
4		(G) "Minor traffic offense" means a petty offense,
5		business offense, or Class C misdemeanor under the
6		Illinois Vehicle Code or a similar provision of a
7		municipal or local ordinance.
8		(H) "Municipal ordinance violation" means an
9		offense defined by a municipal or local ordinance that
10		is criminal in nature and with which the petitioner was
11		charged or for which the petitioner was arrested and
12		released without charging.
13		(H-5) "Non-violent offense" means a criminal
14		offense that is not a violent crime as defined in
15		subsection (c) of Section 3 of the Rights of Crime
16		Victims and Witnesses Act.
17		(I) "Petitioner" means an adult or a minor
18		prosecuted as an adult who has applied for relief under
19		this Section.
20		(J) "Qualified probation" means an order of
21		probation under Section 10 of the Cannabis Control Act,
22		Section 410 of the Illinois Controlled Substances Act,
23		Section 70 of the Methamphetamine Control and
24		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
25		of the Unified Code of Corrections, Section
26		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

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1		those provisions existed before their deletion by
2		Public Act 89-313), Section 10-102 of the Illinois
3		Alcoholism and Other Drug Dependency Act, Section
4		40-10 of the Alcoholism and Other Drug Abuse and
5		Dependency Act, or Section 10 of the Steroid Control
6		Act. For the purpose of this Section, "successful
7		completion" of an order of qualified probation under
8		Section 10-102 of the Illinois Alcoholism and Other
9		Drug Dependency Act and Section 40-10 of the Alcoholism
10		and Other Drug Abuse and Dependency Act means that the
11		probation was terminated satisfactorily and the
12		judgment of conviction was vacated.
13		(K) "Seal" means to physically and electronically
14		maintain the records, unless the records would
15		otherwise be destroyed due to age, but to make the
16		records unavailable without a court order, subject to
17		the exceptions in Sections 12 and 13 of this Act. The
18		petitioner's name shall also be obliterated from the
19		official index required to be kept by the circuit court
20		clerk under Section 16 of the Clerks of Courts Act, but
21		any index issued by the circuit court clerk before the
22		entry of the order to seal shall not be affected.
23		(L) "Sexual offense committed against a minor"
24		includes but is not limited to the offenses of indecent
25		solicitation of a child or criminal sexual abuse when
26		the victim of such offense is under 18 years of age.

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1		(M) "Terminate" as it relates to a sentence or
2		order of supervision or qualified probation includes
3		either satisfactory or unsatisfactory termination of
4		the sentence, unless otherwise specified in this
5		Section.
6		(2) Minor Traffic Offenses. Orders of supervision or
7		convictions for minor traffic offenses shall not affect a
8		petitioner's eligibility to expunge or seal records
9		pursuant to this Section.
10		(2.5) Commencing 180 days after July 29, 2016 (the
11		effective date of Public Act 99-697) this amendatory Act of
12		the 99th General Assembly, the law enforcement agency
13		issuing the citation shall automatically expunge, on or
14		before January 1 and July 1 of each year, the law
15		enforcement records of a person found to have committed a
16		civil law violation of subsection (a) of Section 4 of the
17		Cannabis Control Act or subsection (c) of Section 3.5 of
18		the Drug Paraphernalia Control Act in the law enforcement
19		agency's possession or control and which contains the final
20		satisfactory disposition which pertain to the person
21		issued a citation for that offense. The law enforcement
22		agency shall provide by rule the process for access,
23		review, and to confirm the automatic expungement by the law
24		enforcement agency issuing the citation. Commencing 180
25		days after July 29, 2016 (the effective date of Public Act
26		99-697) this amendatory Act of the 99th General Assembly,

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1		the clerk of the circuit court shall expunge, upon order of
2		the court, or in the absence of a court order on or before
3		January 1 and July 1 of each year, the court records of a
4		person found in the circuit court to have committed a civil
5		law violation of subsection (a) of Section 4 of the
6		Cannabis Control Act or subsection (c) of Section 3.5 of
7		the Drug Paraphernalia Control Act in the clerk's
8		possession or control and which contains the final
9		satisfactory disposition which pertain to the person
10		issued a citation for any of those offenses.
11		(3) Exclusions. Except as otherwise provided in
12		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
13		of this Section, the court shall not order:
14		(A) the sealing or expungement of the records of
15		arrests or charges not initiated by arrest that result
16		in an order of supervision for or conviction of: (i)
17		any sexual offense committed against a minor; (ii)
18		Section 11-501 of the Illinois Vehicle Code or a
19		similar provision of a local ordinance; or (iii)
20		Section 11-503 of the Illinois Vehicle Code or a
21		similar provision of a local ordinance, unless the
22		arrest or charge is for a misdemeanor violation of
23		subsection (a) of Section 11-503 or a similar provision
24		of a local ordinance, that occurred prior to the
25		offender reaching the age of 25 years and the offender
26		has no other conviction for violating Section 11-501 or

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1		11-503 of the Illinois Vehicle Code or a similar
2		provision of a local ordinance.
3		(B) the sealing or expungement of records of minor
4		traffic offenses (as defined in subsection (a)(1)(G)),
5		unless the petitioner was arrested and released
6		without charging.
7		(C) the sealing of the records of arrests or
8		charges not initiated by arrest which result in an
9		order of supervision or a conviction for the following
10		offenses:
11		(i) offenses included in Article 11 of the
12		Criminal Code of 1961 or the Criminal Code of 2012
13		or a similar provision of a local ordinance, except
14		Section 11-14 of the Criminal Code of 1961 or the
15		Criminal Code of 2012, or a similar provision of a
16		local ordinance;
17		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
18		26-5, or 48-1 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, or a similar provision of a
20		local ordinance;
21		(iii) Sections 12-3.1 or 12-3.2 of the
22		Criminal Code of 1961 or the Criminal Code of 2012,
23		or Section 125 of the Stalking No Contact Order
24		Act, or Section 219 of the Civil No Contact Order
25		Act, or a similar provision of a local ordinance;
26		(iv) offenses which are Class A misdemeanors

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1		under the Humane Care for Animals Act; or
2		(v) any offense or attempted offense that
3		would subject a person to registration under the
4		Sex Offender Registration Act.
5		(D) the sealing of the records of an arrest which
6		results in the petitioner being charged with a felony
7		offense or records of a charge not initiated by arrest
8		for a felony offense unless:
9		(i) the charge is amended to a misdemeanor and
10		is otherwise eligible to be sealed pursuant to
11		subsection (c);
12		(ii) the charge is brought along with another
13		charge as a part of one case and the charge results
14		in acquittal, dismissal, or conviction when the
15		conviction was reversed or vacated, and another
16		charge brought in the same case results in a
17		disposition for a misdemeanor offense that is
18		eligible to be sealed pursuant to subsection (c) or
19		a disposition listed in paragraph (i), (iii), or
20		(iv) of this subsection;
21		(iii) the charge results in first offender
22		probation as set forth in subsection (c)(2)(E);
23		(iv) the charge is for a felony offense listed
24		in subsection (c)(2)(F) or the charge is amended to
25		a felony offense listed in subsection (c)(2)(F);
26		(v) the charge results in acquittal,

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1		dismissal, or the petitioner's release without
2		conviction; or
3		(vi) the charge results in a conviction, but
4		the conviction was reversed or vacated.
5		(b) Expungement.
6		(1) A petitioner may petition the circuit court to
7		expunge the records of his or her arrests and charges not
8		initiated by arrest when each arrest or charge not
9		initiated by arrest sought to be expunged resulted in: (i)
10		acquittal, dismissal, or the petitioner's release without
11		charging, unless excluded by subsection (a)(3)(B); (ii) a
12		conviction which was vacated or reversed, unless excluded
13		by subsection (a)(3)(B); (iii) an order of supervision and
14		such supervision was successfully completed by the
15		petitioner, unless excluded by subsection (a)(3)(A) or
16		(a)(3)(B); or (iv) an order of qualified probation (as
17		defined in subsection (a)(1)(J)) and such probation was
18		successfully completed by the petitioner.
19		(1.5) When a petitioner seeks to have a record of
20		arrest expunged under this Section, and the offender has
21		been convicted of a criminal offense, the State's Attorney
22		may object to the expungement on the grounds that the
23		records contain specific relevant information aside from
24		the mere fact of the arrest.
25		(2) Time frame for filing a petition to expunge.
26		(A) When the arrest or charge not initiated by

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1		arrest sought to be expunged resulted in an acquittal,
2		dismissal, the petitioner's release without charging,
3		or the reversal or vacation of a conviction, there is
4		no waiting period to petition for the expungement of
5		such records.
6		(B) When the arrest or charge not initiated by
7		arrest sought to be expunged resulted in an order of
8		supervision, successfully completed by the petitioner,
9		the following time frames will apply:
10		(i) Those arrests or charges that resulted in
11		orders of supervision under Section 3-707, 3-708,
12		3-710, or 5-401.3 of the Illinois Vehicle Code or a
13		similar provision of a local ordinance, or under
14		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
15		Code of 1961 or the Criminal Code of 2012, or a
16		similar provision of a local ordinance, shall not
17		be eligible for expungement until 5 years have
18		passed following the satisfactory termination of
19		the supervision.
20		(i-5) Those arrests or charges that resulted
21		in orders of supervision for a misdemeanor
22		violation of subsection (a) of Section 11-503 of
23		the Illinois Vehicle Code or a similar provision of
24		a local ordinance, that occurred prior to the
25		offender reaching the age of 25 years and the
26		offender has no other conviction for violating

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1		Section 11-501 or 11-503 of the Illinois Vehicle
2		Code or a similar provision of a local ordinance
3		shall not be eligible for expungement until the
4		petitioner has reached the age of 25 years.
5		(ii) Those arrests or charges that resulted in
6		orders of supervision for any other offenses shall
7		not be eligible for expungement until 2 years have
8		passed following the satisfactory termination of
9		the supervision.
10		(C) When the arrest or charge not initiated by
11		arrest sought to be expunged resulted in an order of
12		qualified probation, successfully completed by the
13		petitioner, such records shall not be eligible for
14		expungement until 5 years have passed following the
15		satisfactory termination of the probation.
16		(3) Those records maintained by the Department for
17		persons arrested prior to their 17th birthday shall be
18		expunged as provided in Section 5-915 of the Juvenile Court
19		Act of 1987.
20		(4) Whenever a person has been arrested for or
21		convicted of any offense, in the name of a person whose
22		identity he or she has stolen or otherwise come into
23		possession of, the aggrieved person from whom the identity
24		was stolen or otherwise obtained without authorization,
25		upon learning of the person having been arrested using his
26		or her identity, may, upon verified petition to the chief

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1		judge of the circuit wherein the arrest was made, have a
2		court order entered nunc pro tunc by the Chief Judge to
3		correct the arrest record, conviction record, if any, and
4		all official records of the arresting authority, the
5		Department, other criminal justice agencies, the
6		prosecutor, and the trial court concerning such arrest, if
7		any, by removing his or her name from all such records in
8		connection with the arrest and conviction, if any, and by
9		inserting in the records the name of the offender, if known
10		or ascertainable, in lieu of the aggrieved's name. The
11		records of the circuit court clerk shall be sealed until
12		further order of the court upon good cause shown and the
13		name of the aggrieved person obliterated on the official
14		index required to be kept by the circuit court clerk under
15		Section 16 of the Clerks of Courts Act, but the order shall
16		not affect any index issued by the circuit court clerk
17		before the entry of the order. Nothing in this Section
18		shall limit the Department of State Police or other
19		criminal justice agencies or prosecutors from listing
20		under an offender's name the false names he or she has
21		used.
22		(5) Whenever a person has been convicted of criminal
23		sexual assault, aggravated criminal sexual assault,
24		predatory criminal sexual assault of a child, criminal
25		sexual abuse, or aggravated criminal sexual abuse, the
26		victim of that offense may request that the State's

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1		Attorney of the county in which the conviction occurred
2		file a verified petition with the presiding trial judge at
3		the petitioner's trial to have a court order entered to
4		seal the records of the circuit court clerk in connection
5		with the proceedings of the trial court concerning that
6		offense. However, the records of the arresting authority
7		and the Department of State Police concerning the offense
8		shall not be sealed. The court, upon good cause shown,
9		shall make the records of the circuit court clerk in
10		connection with the proceedings of the trial court
11		concerning the offense available for public inspection.
12		(6) If a conviction has been set aside on direct review
13		or on collateral attack and the court determines by clear
14		and convincing evidence that the petitioner was factually
15		innocent of the charge, the court that finds the petitioner
16		factually innocent of the charge shall enter an expungement
17		order for the conviction for which the petitioner has been
18		determined to be innocent as provided in subsection (b) of
19		Section 5-5-4 of the Unified Code of Corrections.
20		(7) Nothing in this Section shall prevent the
21		Department of State Police from maintaining all records of
22		any person who is admitted to probation upon terms and
23		conditions and who fulfills those terms and conditions
24		pursuant to Section 10 of the Cannabis Control Act, Section
25		410 of the Illinois Controlled Substances Act, Section 70
26		of the Methamphetamine Control and Community Protection

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1		Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
2		Corrections, Section 12-4.3 or subdivision (b)(1) of
3		Section 12-3.05 of the Criminal Code of 1961 or the
4		Criminal Code of 2012, Section 10-102 of the Illinois
5		Alcoholism and Other Drug Dependency Act, Section 40-10 of
6		the Alcoholism and Other Drug Abuse and Dependency Act, or
7		Section 10 of the Steroid Control Act.
8		(8) If the petitioner has been granted a certificate of
9		innocence under Section 2-702 of the Code of Civil
10		Procedure, the court that grants the certificate of
11		innocence shall also enter an order expunging the
12		conviction for which the petitioner has been determined to
13		be innocent as provided in subsection (h) of Section 2-702
14		of the Code of Civil Procedure.
15		(c) Sealing.
16		(1) Applicability. Notwithstanding any other provision
17		of this Act to the contrary, and cumulative with any rights
18		to expungement of criminal records, this subsection
19		authorizes the sealing of criminal records of adults and of
20		minors prosecuted as adults.
21		(2) Eligible Records. The following records may be
22		sealed:
23		(A) All arrests resulting in release without
24		charging;
25		(B) Arrests or charges not initiated by arrest
26		resulting in acquittal, dismissal, or conviction when

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1		the conviction was reversed or vacated, except as
2		excluded by subsection (a)(3)(B);
3		(C) Arrests or charges not initiated by arrest
4		resulting in orders of supervision, including orders
5		of supervision for municipal ordinance violations,
6		successfully completed by the petitioner, unless
7		excluded by subsection (a)(3);
8		(D) Arrests or charges not initiated by arrest
9		resulting in convictions, including convictions on
10		municipal ordinance violations, unless excluded by
11		subsection (a)(3);
12		(E) Arrests or charges not initiated by arrest
13		resulting in orders of first offender probation under
14		Section 10 of the Cannabis Control Act, Section 410 of
15		the Illinois Controlled Substances Act, Section 70 of
16		the Methamphetamine Control and Community Protection
17		Act, or Section 5-6-3.3 of the Unified Code of
18		Corrections; and
19		(F) Arrests or charges not initiated by arrest
20		resulting in felony convictions for the following
21		offenses:
22		(i) Class 4 felony convictions for:
23		Prostitution under Section 11-14 of the
24		Criminal Code of 1961 or the Criminal Code of
25		2012.
26		Possession of cannabis under Section 4 of

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1		the Cannabis Control Act.
2		Possession of a controlled substance under
3		Section 402 of the Illinois Controlled
4		Substances Act.
5		Offenses under the Methamphetamine
6		Precursor Control Act.
7		Offenses under the Steroid Control Act.
8		Theft under Section 16-1 of the Criminal
9		Code of 1961 or the Criminal Code of 2012.
10		Retail theft under Section 16A-3 or
11		paragraph (a) of 16-25 of the Criminal Code of
12		1961 or the Criminal Code of 2012.
13		Deceptive practices under Section 17-1 of
14		the Criminal Code of 1961 or the Criminal Code
15		of 2012.
16		Forgery under Section 17-3 of the Criminal
17		Code of 1961 or the Criminal Code of 2012.
18		Possession of burglary tools under Section
19		19-2 of the Criminal Code of 1961 or the
20		Criminal Code of 2012.
21		(ii) Class 3 felony convictions for:
22		Theft under Section 16-1 of the Criminal
23		Code of 1961 or the Criminal Code of 2012.
24		Retail theft under Section 16A-3 or
25		paragraph (a) of 16-25 of the Criminal Code of
26		1961 or the Criminal Code of 2012.

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1		Deceptive practices under Section 17-1 of
2		the Criminal Code of 1961 or the Criminal Code
3		of 2012.
4		Forgery under Section 17-3 of the Criminal
5		Code of 1961 or the Criminal Code of 2012.
6		Possession with intent to manufacture or
7		deliver a controlled substance under Section
8		401 of the Illinois Controlled Substances Act.
9		(iii) Convictions for any non-violent criminal
10		offense.
11		(iv) Convictions for any criminal offense that
12		did not result in bodily harm or death to another
13		person.
14		(3) When Records Are Eligible to Be Sealed. Records
15		identified as eligible under subsection (c)(2) may be
16		sealed as follows:
17		(A) Records identified as eligible under
18		subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
19		time.
20		(B) Except as otherwise provided in subparagraph
21		(E) of this paragraph (3), records identified as
22		eligible under subsection (c)(2)(C) may be sealed 2
23		years after the termination of petitioner's last
24		sentence (as defined in subsection (a)(1)(F)).
25		(C) Except as otherwise provided in subparagraph
26		(E) of this paragraph (3), records identified as

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1		eligible under subsections (c)(2)(D), (c)(2)(E), and
2		(c)(2)(F), other than subsection (c)(2)(F)(iii) or
3		c)(2)(F)(iv), may be sealed 3 years after the
4		termination of the petitioner's last sentence (as
5		defined in subsection (a)(1)(F)).
6		(D) Records identified in subsection
7		(a)(3)(A)(iii) may be sealed after the petitioner has
8		reached the age of 25 years.
9		(E) Records identified as eligible under
10		subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
11		(c)(2)(F) may be sealed upon termination of the
12		petitioner's last sentence if the petitioner earned a
13		high school diploma, associate's degree, career
14		certificate, vocational technical certification, or
15		bachelor's degree, or passed the high school level Test
16		of General Educational Development, during the period
17		of his or her sentence, aftercare release, or mandatory
18		supervised release. This subparagraph shall apply only
19		to a petitioner who has not completed the same
20		educational goal prior to the period of his or her
21		sentence, aftercare release, or mandatory supervised
22		release. If a petition for sealing eligible records
23		filed under this subparagraph is denied by the court,
24		the time periods under subparagraph (B) or (C) shall
25		apply to any subsequent petition for sealing filed by
26		the petitioner.

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1		(F) Records identified as eligible under
2		subsection (c)(2)(F)(iii) or (c)(2)(F)(iv) may be
3		sealed 10 years after the termination of the
4		petitioner's last sentence (as defined in subsection
5		(a)(1)(F)). This subparagraph (F) shall only apply to a
6		petitioner who has not had one or more criminal
7		conviction between the conviction eligible for sealing
8		and the filing of the petition for relief.
9		(4) Subsequent felony convictions. A person may not
10		have subsequent felony conviction records sealed as
11		provided in this subsection (c) if he or she is convicted
12		of any felony offense after the date of the sealing of
13		prior felony convictions as provided in this subsection
14		(c). The court may, upon conviction for a subsequent felony
15		offense, order the unsealing of prior felony conviction
16		records previously ordered sealed by the court.
17		(5) Notice of eligibility for sealing. Upon entry of a
18		disposition for an eligible record under this subsection
19		(c), the petitioner shall be informed by the court of the
20		right to have the records sealed and the procedures for the
21		sealing of the records.
22		(d) Procedure. The following procedures apply to
23		expungement under subsections (b), (e), and (e-6) and sealing
24		under subsections (c) and (e-5):
25		(1) Filing the petition. Upon becoming eligible to
26		petition for the expungement or sealing of records under

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1		this Section, the petitioner shall file a petition
2		requesting the expungement or sealing of records with the
3		clerk of the court where the arrests occurred or the
4		charges were brought, or both. If arrests occurred or
5		charges were brought in multiple jurisdictions, a petition
6		must be filed in each such jurisdiction. The petitioner
7		shall pay the applicable fee, except no fee shall be
8		required if the petitioner has obtained a court order
9		waiving fees under Supreme Court Rule 298 or it is
10		otherwise waived.
11		(1.5) County fee waiver pilot program. In a county of
12		3,000,000 or more inhabitants, no fee shall be required to
13		be paid by a petitioner if the records sought to be
14		expunged or sealed were arrests resulting in release
15		without charging or arrests or charges not initiated by
16		arrest resulting in acquittal, dismissal, or conviction
17		when the conviction was reversed or vacated, unless
18		excluded by subsection (a)(3)(B). The provisions of this
19		paragraph (1.5), other than this sentence, are inoperative
20		on and after January 1, 2018 or one year after January 1,
21		2017 (the effective date of Public Act 99-881) this
22		amendatory Act of the 99th General Assembly, whichever is
23		later.
24		(2) Contents of petition. The petition shall be
25		verified and shall contain the petitioner's name, date of
26		birth, current address and, for each arrest or charge not

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1		initiated by arrest sought to be sealed or expunged, the
2		case number, the date of arrest (if any), the identity of
3		the arresting authority, and such other information as the
4		court may require. During the pendency of the proceeding,
5		the petitioner shall promptly notify the circuit court
6		clerk of any change of his or her address. If the
7		petitioner has received a certificate of eligibility for
8		sealing from the Prisoner Review Board under paragraph (10)
9		of subsection (a) of Section 3-3-2 of the Unified Code of
10		Corrections, the certificate shall be attached to the
11		petition.
12		(3) Drug test. The petitioner must attach to the
13		petition proof that the petitioner has passed a test taken
14		within 30 days before the filing of the petition showing
15		the absence within his or her body of all illegal
16		substances as defined by the Illinois Controlled
17		Substances Act, the Methamphetamine Control and Community
18		Protection Act, and the Cannabis Control Act if he or she
19		is petitioning to:
20		(A) seal felony records under clause (c)(2)(E);
21		(B) seal felony records for a violation of the
22		Illinois Controlled Substances Act, the
23		Methamphetamine Control and Community Protection Act,
24		or the Cannabis Control Act under clause (c)(2)(F);
25		(C) seal felony records under subsection (e-5); or
26		(D) expunge felony records of a qualified

HB2367 Engrossed - 23 - LRB100 09422 SLF 19585 b
1		probation under clause (b)(1)(iv).
2		(4) Service of petition. The circuit court clerk shall
3		promptly serve a copy of the petition and documentation to
4		support the petition under subsection (e-5) or (e-6) on the
5		State's Attorney or prosecutor charged with the duty of
6		prosecuting the offense, the Department of State Police,
7		the arresting agency and the chief legal officer of the
8		unit of local government effecting the arrest.
9		(5) Objections.
10		(A) Any party entitled to notice of the petition
11		may file an objection to the petition. All objections
12		shall be in writing, shall be filed with the circuit
13		court clerk, and shall state with specificity the basis
14		of the objection. Whenever a person who has been
15		convicted of an offense is granted a pardon by the
16		Governor which specifically authorizes expungement, an
17		objection to the petition may not be filed.
18		(B) Objections to a petition to expunge or seal
19		must be filed within 60 days of the date of service of
20		the petition.
21		(6) Entry of order.
22		(A) The Chief Judge of the circuit wherein the
23		charge was brought, any judge of that circuit
24		designated by the Chief Judge, or in counties of less
25		than 3,000,000 inhabitants, the presiding trial judge
26		at the petitioner's trial, if any, shall rule on the

HB2367 Engrossed - 24 - LRB100 09422 SLF 19585 b
1		petition to expunge or seal as set forth in this
2		subsection (d)(6).
3		(B) Unless the State's Attorney or prosecutor, the
4		Department of State Police, the arresting agency, or
5		the chief legal officer files an objection to the
6		petition to expunge or seal within 60 days from the
7		date of service of the petition, the court shall enter
8		an order granting or denying the petition.
9		(7) Hearings. If an objection is filed, the court shall
10		set a date for a hearing and notify the petitioner and all
11		parties entitled to notice of the petition of the hearing
12		date at least 30 days prior to the hearing. Prior to the
13		hearing, the State's Attorney shall consult with the
14		Department as to the appropriateness of the relief sought
15		in the petition to expunge or seal. At the hearing, the
16		court shall hear evidence on whether the petition should or
17		should not be granted, and shall grant or deny the petition
18		to expunge or seal the records based on the evidence
19		presented at the hearing. The court may consider the
20		following:
21		(A) the strength of the evidence supporting the
22		defendant's conviction;
23		(B) the reasons for retention of the conviction
24		records by the State;
25		(C) the petitioner's age, criminal record history,
26		and employment history;

HB2367 Engrossed - 25 - LRB100 09422 SLF 19585 b
1		(D) the period of time between the petitioner's
2		arrest on the charge resulting in the conviction and
3		the filing of the petition under this Section; and
4		(E) the specific adverse consequences the
5		petitioner may be subject to if the petition is denied.
6		(8) Service of order. After entering an order to
7		expunge or seal records, the court must provide copies of
8		the order to the Department, in a form and manner
9		prescribed by the Department, to the petitioner, to the
10		State's Attorney or prosecutor charged with the duty of
11		prosecuting the offense, to the arresting agency, to the
12		chief legal officer of the unit of local government
13		effecting the arrest, and to such other criminal justice
14		agencies as may be ordered by the court.
15		(9) Implementation of order.
16		(A) Upon entry of an order to expunge records
17		pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
18		(i) the records shall be expunged (as defined
19		in subsection (a)(1)(E)) by the arresting agency,
20		the Department, and any other agency as ordered by
21		the court, within 60 days of the date of service of
22		the order, unless a motion to vacate, modify, or
23		reconsider the order is filed pursuant to
24		paragraph (12) of subsection (d) of this Section;
25		(ii) the records of the circuit court clerk
26		shall be impounded until further order of the court

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

HB2367 Engrossed - 27 - LRB100 09422 SLF 19585 b
1		under Section 16 of the Clerks of Courts Act, but
2		the order shall not affect any index issued by the
3		circuit court clerk before the entry of the order;
4		(iii) the records shall be impounded by the
5		Department within 60 days of the date of service of
6		the order as ordered by the court, unless a motion
7		to vacate, modify, or reconsider the order is filed
8		pursuant to paragraph (12) of subsection (d) of
9		this Section;
10		(iv) records impounded by the Department may
11		be disseminated by the Department only as required
12		by law or to the arresting authority, the State's
13		Attorney, and the court upon a later arrest for the
14		same or a similar offense or for the purpose of
15		sentencing for any subsequent felony, and to the
16		Department of Corrections upon conviction for any
17		offense; and
18		(v) in response to an inquiry for such records
19		from anyone not authorized by law to access such
20		records, the court, the Department, or the agency
21		receiving such inquiry shall reply as it does in
22		response to inquiries when no records ever
23		existed.
24		(B-5) Upon entry of an order to expunge records
25		under subsection (e-6):
26		(i) the records shall be expunged (as defined

HB2367 Engrossed - 28 - LRB100 09422 SLF 19585 b
1		in subsection (a)(1)(E)) by the arresting agency
2		and any other agency as ordered by the court,
3		within 60 days of the date of service of the order,
4		unless a motion to vacate, modify, or reconsider
5		the order is filed under paragraph (12) of
6		subsection (d) of this Section;
7		(ii) the records of the circuit court clerk
8		shall be impounded until further order of the court
9		upon good cause shown and the name of the
10		petitioner obliterated on the official index
11		required to be kept by the circuit court clerk
12		under Section 16 of the Clerks of Courts Act, but
13		the order shall not affect any index issued by the
14		circuit court clerk before the entry of the order;
15		(iii) the records shall be impounded by the
16		Department within 60 days of the date of service of
17		the order as ordered by the court, unless a motion
18		to vacate, modify, or reconsider the order is filed
19		under paragraph (12) of subsection (d) of this
20		Section;
21		(iv) records impounded by the Department may
22		be disseminated by the Department only as required
23		by law or to the arresting authority, the State's
24		Attorney, and the court upon a later arrest for the
25		same or a similar offense or for the purpose of
26		sentencing for any subsequent felony, and to the

HB2367 Engrossed - 29 - LRB100 09422 SLF 19585 b
1		Department of Corrections upon conviction for any
2		offense; and
3		(v) in response to an inquiry for these records
4		from anyone not authorized by law to access the
5		records, the court, the Department, or the agency
6		receiving the inquiry shall reply as it does in
7		response to inquiries when no records ever
8		existed.
9		(C) Upon entry of an order to seal records under
10		subsection (c), the arresting agency, any other agency
11		as ordered by the court, the Department, and the court
12		shall seal the records (as defined in subsection
13		(a)(1)(K)). In response to an inquiry for such records,
14		from anyone not authorized by law to access such
15		records, the court, the Department, or the agency
16		receiving such inquiry shall reply as it does in
17		response to inquiries when no records ever existed.
18		(D) The Department shall send written notice to the
19		petitioner of its compliance with each order to expunge
20		or seal records within 60 days of the date of service
21		of that order or, if a motion to vacate, modify, or
22		reconsider is filed, within 60 days of service of the
23		order resolving the motion, if that order requires the
24		Department to expunge or seal records. In the event of
25		an appeal from the circuit court order, the Department
26		shall send written notice to the petitioner of its

HB2367 Engrossed - 30 - LRB100 09422 SLF 19585 b
1		compliance with an Appellate Court or Supreme Court
2		judgment to expunge or seal records within 60 days of
3		the issuance of the court's mandate. The notice is not
4		required while any motion to vacate, modify, or
5		reconsider, or any appeal or petition for
6		discretionary appellate review, is pending.
7		(10) Fees. The Department may charge the petitioner a
8		fee equivalent to the cost of processing any order to
9		expunge or seal records. Notwithstanding any provision of
10		the Clerks of Courts Act to the contrary, the circuit court
11		clerk may charge a fee equivalent to the cost associated
12		with the sealing or expungement of records by the circuit
13		court clerk. From the total filing fee collected for the
14		petition to seal or expunge, the circuit court clerk shall
15		deposit $10 into the Circuit Court Clerk Operation and
16		Administrative Fund, to be used to offset the costs
17		incurred by the circuit court clerk in performing the
18		additional duties required to serve the petition to seal or
19		expunge on all parties. The circuit court clerk shall
20		collect and forward the Department of State Police portion
21		of the fee to the Department and it shall be deposited in
22		the State Police Services Fund.
23		(11) Final Order. No court order issued under the
24		expungement or sealing provisions of this Section shall
25		become final for purposes of appeal until 30 days after
26		service of the order on the petitioner and all parties

HB2367 Engrossed - 31 - LRB100 09422 SLF 19585 b
1		entitled to notice of the petition.
2		(12) Motion to Vacate, Modify, or Reconsider. Under
3		Section 2-1203 of the Code of Civil Procedure, the
4		petitioner or any party entitled to notice may file a
5		motion to vacate, modify, or reconsider the order granting
6		or denying the petition to expunge or seal within 60 days
7		of service of the order. If filed more than 60 days after
8		service of the order, a petition to vacate, modify, or
9		reconsider shall comply with subsection (c) of Section
10		2-1401 of the Code of Civil Procedure. Upon filing of a
11		motion to vacate, modify, or reconsider, notice of the
12		motion shall be served upon the petitioner and all parties
13		entitled to notice of the petition.
14		(13) Effect of Order. An order granting a petition
15		under the expungement or sealing provisions of this Section
16		shall not be considered void because it fails to comply
17		with the provisions of this Section or because of any error
18		asserted in a motion to vacate, modify, or reconsider. The
19		circuit court retains jurisdiction to determine whether
20		the order is voidable and to vacate, modify, or reconsider
21		its terms based on a motion filed under paragraph (12) of
22		this subsection (d).
23		(14) Compliance with Order Granting Petition to Seal
24		Records. Unless a court has entered a stay of an order
25		granting a petition to seal, all parties entitled to notice
26		of the petition must fully comply with the terms of the

HB2367 Engrossed - 32 - LRB100 09422 SLF 19585 b
1		order within 60 days of service of the order even if a
2		party is seeking relief from the order through a motion
3		filed under paragraph (12) of this subsection (d) or is
4		appealing the order.
5		(15) Compliance with Order Granting Petition to
6		Expunge Records. While a party is seeking relief from the
7		order granting the petition to expunge through a motion
8		filed under paragraph (12) of this subsection (d) or is
9		appealing the order, and unless a court has entered a stay
10		of that order, the parties entitled to notice of the
11		petition must seal, but need not expunge, the records until
12		there is a final order on the motion for relief or, in the
13		case of an appeal, the issuance of that court's mandate.
14		(16) The changes to this subsection (d) made by Public
15		Act 98-163 apply to all petitions pending on August 5, 2013
16		(the effective date of Public Act 98-163) and to all orders
17		ruling on a petition to expunge or seal on or after August
18		5, 2013 (the effective date of Public Act 98-163).
19		(e) Whenever a person who has been convicted of an offense
20		is granted a pardon by the Governor which specifically
21		authorizes expungement, he or she may, upon verified petition
22		to the Chief Judge of the circuit where the person had been
23		convicted, any judge of the circuit designated by the Chief
24		Judge, or in counties of less than 3,000,000 inhabitants, the
25		presiding trial judge at the defendant's trial, have a court
26		order entered expunging the record of arrest from the official

HB2367 Engrossed - 33 - LRB100 09422 SLF 19585 b
1		records of the arresting authority and order that the records
2		of the circuit court clerk and the Department be sealed until
3		further order of the court upon good cause shown or as
4		otherwise provided herein, and the name of the defendant
5		obliterated from the official index requested to be kept by the
6		circuit court clerk under Section 16 of the Clerks of Courts
7		Act in connection with the arrest and conviction for the
8		offense for which he or she had been pardoned but the order
9		shall not affect any index issued by the circuit court clerk
10		before the entry of the order. All records sealed by the
11		Department may be disseminated by the Department only to the
12		arresting authority, the State's Attorney, and the court upon a
13		later arrest for the same or similar offense or for the purpose
14		of sentencing for any subsequent felony. Upon conviction for
15		any subsequent offense, the Department of Corrections shall
16		have access to all sealed records of the Department pertaining
17		to that individual. Upon entry of the order of expungement, the
18		circuit court clerk shall promptly mail a copy of the order to
19		the person who was pardoned.
20		(e-5) Whenever a person who has been convicted of an
21		offense is granted a certificate of eligibility for sealing by
22		the Prisoner Review Board which specifically authorizes
23		sealing, he or she may, upon verified petition to the Chief
24		Judge of the circuit where the person had been convicted, any
25		judge of the circuit designated by the Chief Judge, or in
26		counties of less than 3,000,000 inhabitants, the presiding

HB2367 Engrossed - 34 - LRB100 09422 SLF 19585 b
1		trial judge at the petitioner's trial, have a court order
2		entered sealing the record of arrest from the official records
3		of the arresting authority and order that the records of the
4		circuit court clerk and the Department be sealed until further
5		order of the court upon good cause shown or as otherwise
6		provided herein, and the name of the petitioner obliterated
7		from the official index requested to be kept by the circuit
8		court clerk under Section 16 of the Clerks of Courts Act in
9		connection with the arrest and conviction for the offense for
10		which he or she had been granted the certificate but the order
11		shall not affect any index issued by the circuit court clerk
12		before the entry of the order. All records sealed by the
13		Department may be disseminated by the Department only as
14		required by this Act or to the arresting authority, a law
15		enforcement agency, the State's Attorney, and the court upon a
16		later arrest for the same or similar offense or for the purpose
17		of sentencing for any subsequent felony. Upon conviction for
18		any subsequent offense, the Department of Corrections shall
19		have access to all sealed records of the Department pertaining
20		to that individual. Upon entry of the order of sealing, the
21		circuit court clerk shall promptly mail a copy of the order to
22		the person who was granted the certificate of eligibility for
23		sealing.
24		(e-6) Whenever a person who has been convicted of an
25		offense is granted a certificate of eligibility for expungement
26		by the Prisoner Review Board which specifically authorizes

HB2367 Engrossed - 35 - LRB100 09422 SLF 19585 b
1		expungement, he or she may, upon verified petition to the Chief
2		Judge of the circuit where the person had been convicted, any
3		judge of the circuit designated by the Chief Judge, or in
4		counties of less than 3,000,000 inhabitants, the presiding
5		trial judge at the petitioner's trial, have a court order
6		entered expunging the record of arrest from the official
7		records of the arresting authority and order that the records
8		of the circuit court clerk and the Department be sealed until
9		further order of the court upon good cause shown or as
10		otherwise provided herein, and the name of the petitioner
11		obliterated from the official index requested to be kept by the
12		circuit court clerk under Section 16 of the Clerks of Courts
13		Act in connection with the arrest and conviction for the
14		offense for which he or she had been granted the certificate
15		but the order shall not affect any index issued by the circuit
16		court clerk before the entry of the order. All records sealed
17		by the Department may be disseminated by the Department only as
18		required by this Act or to the arresting authority, a law
19		enforcement agency, the State's Attorney, and the court upon a
20		later arrest for the same or similar offense or for the purpose
21		of sentencing for any subsequent felony. Upon conviction for
22		any subsequent offense, the Department of Corrections shall
23		have access to all expunged records of the Department
24		pertaining to that individual. Upon entry of the order of
25		expungement, the circuit court clerk shall promptly mail a copy
26		of the order to the person who was granted the certificate of

HB2367 Engrossed - 36 - LRB100 09422 SLF 19585 b
1		eligibility for expungement.
2		(f) Subject to available funding, the Illinois Department
3		of Corrections shall conduct a study of the impact of sealing,
4		especially on employment and recidivism rates, utilizing a
5		random sample of those who apply for the sealing of their
6		criminal records under Public Act 93-211. At the request of the
7		Illinois Department of Corrections, records of the Illinois
8		Department of Employment Security shall be utilized as
9		appropriate to assist in the study. The study shall not
10		disclose any data in a manner that would allow the
11		identification of any particular individual or employing unit.
12		The study shall be made available to the General Assembly no
13		later than September 1, 2010.
14		(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
15		eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
16		eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
17		98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
18		99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
19		7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)