Bill Text: IL HB5494 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Criminal Identification Act. Provides that a trafficking victim as defined by the Criminal Code of 2012 shall be eligible to petition for the immediate sealing of his or her criminal record upon the completion of his or her last sentence if his or her participation in the underlying offense was a direct result of human trafficking under the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act. Provides that a petitioner under this provision, in addition to other requirements provided by law, shall include in his or her petition a clear and concise statement that: (1) he or she was a victim of human trafficking at the time of the offense; and (2) that his or her participation in the offense was a direct result of human trafficking under the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act. Provides that if an objection is filed alleging that the petitioner is not entitled to immediate sealing, the court shall conduct a hearing and the court shall determine whether the petitioner is entitled to immediate sealing under the provision. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 16-5)

Status: (Enrolled) 2018-06-19 - Sent to the Governor [HB5494 Detail]

Download: Illinois-2017-HB5494-Enrolled.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
6 (20 ILCS 2630/5.2)
7 Sec. 5.2. Expungement, sealing, and immediate sealing.
8 (a) General Provisions.
9 (1) Definitions. In this Act, words and phrases have
10 the meanings set forth in this subsection, except when a
11 particular context clearly requires a different meaning.
12 (A) The following terms shall have the meanings
13 ascribed to them in the 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 (I) "Petitioner" means an adult or a minor
14 prosecuted as an adult who has applied for relief under
15 this Section.
16 (J) "Qualified probation" means an order of
17 probation under Section 10 of the Cannabis Control Act,
18 Section 410 of the Illinois Controlled Substances Act,
19 Section 70 of the Methamphetamine Control and
20 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21 of the Unified Code of Corrections, Section
22 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23 those provisions existed before their deletion by
24 Public Act 89-313), Section 10-102 of the Illinois
25 Alcoholism and Other Drug Dependency Act, Section
26 40-10 of the Alcoholism and Other Drug Abuse and

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

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

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1 Section 3.5 of the Drug Paraphernalia Control Act in the
2 clerk's possession or control and which contains the final
3 satisfactory disposition which pertain to the person
4 issued a citation for any of those offenses.
5 (3) Exclusions. Except as otherwise provided in
6 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
7 of this Section, the court shall not order:
8 (A) the sealing or expungement of the records of
9 arrests or charges not initiated by arrest that result
10 in an order of supervision for or conviction of: (i)
11 any sexual offense committed against a minor; (ii)
12 Section 11-501 of the Illinois Vehicle Code or a
13 similar provision of a local ordinance; or (iii)
14 Section 11-503 of the Illinois Vehicle Code or a
15 similar provision of a local ordinance, unless the
16 arrest or charge is for a misdemeanor violation of
17 subsection (a) of Section 11-503 or a similar provision
18 of a local ordinance, that occurred prior to the
19 offender reaching the age of 25 years and the offender
20 has no other conviction for violating Section 11-501 or
21 11-503 of the Illinois Vehicle Code or a similar
22 provision of a local ordinance.
23 (B) the sealing or expungement of records of minor
24 traffic offenses (as defined in subsection (a)(1)(G)),
25 unless the petitioner was arrested and released
26 without charging.

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1 (C) the sealing of the records of arrests or
2 charges not initiated by arrest which result in an
3 order of supervision or a conviction for the following
4 offenses:
5 (i) offenses included in Article 11 of the
6 Criminal Code of 1961 or the Criminal Code of 2012
7 or a similar provision of a local ordinance, except
8 Section 11-14 and a misdemeanor violation of
9 Section 11-30 of the Criminal Code of 1961 or the
10 Criminal Code of 2012, or a similar provision of a
11 local ordinance;
12 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
13 26-5, or 48-1 of the Criminal Code of 1961 or the
14 Criminal Code of 2012, or a similar provision of a
15 local ordinance;
16 (iii) Sections 12-3.1 or 12-3.2 of the
17 Criminal Code of 1961 or the Criminal Code of 2012,
18 or Section 125 of the Stalking No Contact Order
19 Act, or Section 219 of the Civil No Contact Order
20 Act, or a similar provision of a local ordinance;
21 (iv) Class A misdemeanors or felony offenses
22 under the Humane Care for Animals Act; or
23 (v) any offense or attempted offense that
24 would subject a person to registration under the
25 Sex Offender Registration Act.
26 (D) (blank).

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1 (b) Expungement.
2 (1) A petitioner may petition the circuit court to
3 expunge the records of his or her arrests and charges not
4 initiated by arrest when each arrest or charge not
5 initiated by arrest sought to be expunged resulted in: (i)
6 acquittal, dismissal, or the petitioner's release without
7 charging, unless excluded by subsection (a)(3)(B); (ii) a
8 conviction which was vacated or reversed, unless excluded
9 by subsection (a)(3)(B); (iii) an order of supervision and
10 such supervision was successfully completed by the
11 petitioner, unless excluded by subsection (a)(3)(A) or
12 (a)(3)(B); or (iv) an order of qualified probation (as
13 defined in subsection (a)(1)(J)) and such probation was
14 successfully completed by the petitioner.
15 (1.5) When a petitioner seeks to have a record of
16 arrest expunged under this Section, and the offender has
17 been convicted of a criminal offense, the State's Attorney
18 may object to the expungement on the grounds that the
19 records contain specific relevant information aside from
20 the mere fact of the arrest.
21 (2) Time frame for filing a petition to expunge.
22 (A) When the arrest or charge not initiated by
23 arrest sought to be expunged resulted in an acquittal,
24 dismissal, the petitioner's release without charging,
25 or the reversal or vacation of a conviction, there is
26 no waiting period to petition for the expungement of

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1 such records.
2 (B) When the arrest or charge not initiated by
3 arrest sought to be expunged resulted in an order of
4 supervision, successfully completed by the petitioner,
5 the following time frames will apply:
6 (i) Those arrests or charges that resulted in
7 orders of supervision under Section 3-707, 3-708,
8 3-710, or 5-401.3 of the Illinois Vehicle Code or a
9 similar provision of a local ordinance, or under
10 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
11 Code of 1961 or the Criminal Code of 2012, or a
12 similar provision of a local ordinance, shall not
13 be eligible for expungement until 5 years have
14 passed following the satisfactory termination of
15 the supervision.
16 (i-5) Those arrests or charges that resulted
17 in orders of supervision for a misdemeanor
18 violation of subsection (a) of Section 11-503 of
19 the Illinois Vehicle Code or a similar provision of
20 a local ordinance, that occurred prior to the
21 offender reaching the age of 25 years and the
22 offender has no other conviction for violating
23 Section 11-501 or 11-503 of the Illinois Vehicle
24 Code or a similar provision of a local ordinance
25 shall not be eligible for expungement until the
26 petitioner has reached the age of 25 years.

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

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

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1 with the proceedings of the trial court concerning that
2 offense. However, the records of the arresting authority
3 and the Department of State Police concerning the offense
4 shall not be sealed. The court, upon good cause shown,
5 shall make the records of the circuit court clerk in
6 connection with the proceedings of the trial court
7 concerning the offense available for public inspection.
8 (6) If a conviction has been set aside on direct review
9 or on collateral attack and the court determines by clear
10 and convincing evidence that the petitioner was factually
11 innocent of the charge, the court that finds the petitioner
12 factually innocent of the charge shall enter an expungement
13 order for the conviction for which the petitioner has been
14 determined to be innocent as provided in subsection (b) of
15 Section 5-5-4 of the Unified Code of Corrections.
16 (7) Nothing in this Section shall prevent the
17 Department of State Police from maintaining all records of
18 any person who is admitted to probation upon terms and
19 conditions and who fulfills those terms and conditions
20 pursuant to Section 10 of the Cannabis Control Act, Section
21 410 of the Illinois Controlled Substances Act, Section 70
22 of the Methamphetamine Control and Community Protection
23 Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
24 Corrections, Section 12-4.3 or subdivision (b)(1) of
25 Section 12-3.05 of the Criminal Code of 1961 or the
26 Criminal Code of 2012, Section 10-102 of the Illinois

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

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

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1 (E) of this paragraph (3), records identified as
2 eligible under subsection (c)(2)(C) may be sealed 2
3 years after the termination of petitioner's last
4 sentence (as defined in subsection (a)(1)(F)).
5 (C) Except as otherwise provided in subparagraph
6 (E) of this paragraph (3), records identified as
7 eligible under subsections (c)(2)(D), (c)(2)(E), and
8 (c)(2)(F) may be sealed 3 years after the termination
9 of the petitioner's last sentence (as defined in
10 subsection (a)(1)(F)). Convictions requiring public
11 registration under the Arsonist Registration Act, the
12 Sex Offender Registration Act, or the Murderer and
13 Violent Offender Against Youth Registration Act may
14 not be sealed until the petitioner is no longer
15 required to register under that relevant Act.
16 (D) Records identified in subsection
17 (a)(3)(A)(iii) may be sealed after the petitioner has
18 reached the age of 25 years.
19 (E) Records identified as eligible under
20 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
21 (c)(2)(F) may be sealed upon termination of the
22 petitioner's last sentence if the petitioner earned a
23 high school diploma, associate's degree, career
24 certificate, vocational technical certification, or
25 bachelor's degree, or passed the high school level Test
26 of General Educational Development, during the period

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1 of his or her sentence, aftercare release, or mandatory
2 supervised release. This subparagraph shall apply only
3 to a petitioner who has not completed the same
4 educational goal prior to the period of his or her
5 sentence, aftercare release, or mandatory supervised
6 release. If a petition for sealing eligible records
7 filed under this subparagraph is denied by the court,
8 the time periods under subparagraph (B) or (C) shall
9 apply to any subsequent petition for sealing filed by
10 the petitioner.
11 (4) Subsequent felony convictions. A person may not
12 have subsequent felony conviction records sealed as
13 provided in this subsection (c) if he or she is convicted
14 of any felony offense after the date of the sealing of
15 prior felony convictions as provided in this subsection
16 (c). The court may, upon conviction for a subsequent felony
17 offense, order the unsealing of prior felony conviction
18 records previously ordered sealed by the court.
19 (5) Notice of eligibility for sealing. Upon entry of a
20 disposition for an eligible record under this subsection
21 (c), the petitioner shall be informed by the court of the
22 right to have the records sealed and the procedures for the
23 sealing of the records.
24 (d) Procedure. The following procedures apply to
25expungement under subsections (b), (e), and (e-6) and sealing
26under subsections (c) and (e-5):

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1 (1) Filing the petition. Upon becoming eligible to
2 petition for the expungement or sealing of records under
3 this Section, the petitioner shall file a petition
4 requesting the expungement or sealing of records with the
5 clerk of the court where the arrests occurred or the
6 charges were brought, or both. If arrests occurred or
7 charges were brought in multiple jurisdictions, a petition
8 must be filed in each such jurisdiction. The petitioner
9 shall pay the applicable fee, except no fee shall be
10 required if the petitioner has obtained a court order
11 waiving fees under Supreme Court Rule 298 or it is
12 otherwise waived.
13 (1.5) County fee waiver pilot program. In a county of
14 3,000,000 or more inhabitants, no fee shall be required to
15 be paid by a petitioner if the records sought to be
16 expunged or sealed were arrests resulting in release
17 without charging or arrests or charges not initiated by
18 arrest resulting in acquittal, dismissal, or conviction
19 when the conviction was reversed or vacated, unless
20 excluded by subsection (a)(3)(B). The provisions of this
21 paragraph (1.5), other than this sentence, are inoperative
22 on and after January 1, 2019 or one year after January 1,
23 2017 (the effective date of Public Act 99-881), whichever
24 is later.
25 (2) Contents of petition. The petition shall be
26 verified and shall contain the petitioner's name, date of

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1 birth, current address and, for each arrest or charge not
2 initiated by arrest sought to be sealed or expunged, the
3 case number, the date of arrest (if any), the identity of
4 the arresting authority, and such other information as the
5 court may require. During the pendency of the proceeding,
6 the petitioner shall promptly notify the circuit court
7 clerk of any change of his or her address. If the
8 petitioner has received a certificate of eligibility for
9 sealing from the Prisoner Review Board under paragraph (10)
10 of subsection (a) of Section 3-3-2 of the Unified Code of
11 Corrections, the certificate shall be attached to the
12 petition.
13 (3) Drug test. The petitioner must attach to the
14 petition proof that the petitioner has passed a test taken
15 within 30 days before the filing of the petition showing
16 the absence within his or her body of all illegal
17 substances as defined by the Illinois Controlled
18 Substances Act, the Methamphetamine Control and Community
19 Protection Act, and the Cannabis Control Act if he or she
20 is petitioning to:
21 (A) seal felony records under clause (c)(2)(E);
22 (B) seal felony records for a violation of the
23 Illinois Controlled Substances Act, the
24 Methamphetamine Control and Community Protection Act,
25 or the Cannabis Control Act under clause (c)(2)(F);
26 (C) seal felony records under subsection (e-5); or

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

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

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

HB5494 Enrolled- 23 -LRB100 19518 SLF 34785 b
1 shall be impounded until further order of the court
2 upon good cause shown and the name of the
3 petitioner obliterated on the official index
4 required to be kept by the circuit court clerk
5 under Section 16 of the Clerks of Courts Act, but
6 the order shall not affect any index issued by the
7 circuit court clerk before the entry of the order;
8 and
9 (iii) in response to an inquiry for expunged
10 records, the court, the Department, or the agency
11 receiving such inquiry, shall reply as it does in
12 response to inquiries when no records ever
13 existed.
14 (B) Upon entry of an order to expunge records
15 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
16 (i) the records shall be expunged (as defined
17 in subsection (a)(1)(E)) by the arresting agency
18 and any other agency as ordered by the court,
19 within 60 days of the date of service of the order,
20 unless a motion to vacate, modify, or reconsider
21 the order is filed pursuant to paragraph (12) of
22 subsection (d) of this Section;
23 (ii) the records of the circuit court clerk
24 shall be impounded until further order of the court
25 upon good cause shown and the name of the
26 petitioner obliterated on the official index

HB5494 Enrolled- 24 -LRB100 19518 SLF 34785 b
1 required to be kept by the circuit court clerk
2 under Section 16 of the Clerks of Courts Act, but
3 the order shall not affect any index issued by the
4 circuit court clerk before the entry of the order;
5 (iii) the records shall be impounded by the
6 Department within 60 days of the date of service of
7 the order as ordered by the court, unless a motion
8 to vacate, modify, or reconsider the order is filed
9 pursuant to paragraph (12) of subsection (d) of
10 this Section;
11 (iv) records impounded by the Department may
12 be disseminated by the Department only as required
13 by law or to the arresting authority, the State's
14 Attorney, and the court upon a later arrest for the
15 same or a similar offense or for the purpose of
16 sentencing for any subsequent felony, and to the
17 Department of Corrections upon conviction for any
18 offense; and
19 (v) in response to an inquiry for such records
20 from anyone not authorized by law to access such
21 records, the court, the Department, or the agency
22 receiving such inquiry shall reply as it does in
23 response to inquiries when no records ever
24 existed.
25 (B-5) Upon entry of an order to expunge records
26 under subsection (e-6):

HB5494 Enrolled- 25 -LRB100 19518 SLF 34785 b
1 (i) the records shall be expunged (as defined
2 in subsection (a)(1)(E)) by the arresting agency
3 and any other agency as ordered by the court,
4 within 60 days of the date of service of the order,
5 unless a motion to vacate, modify, or reconsider
6 the order is filed under paragraph (12) of
7 subsection (d) of this Section;
8 (ii) the records of the circuit court clerk
9 shall be impounded until further order of the court
10 upon good cause shown and the name of the
11 petitioner obliterated on the official index
12 required to be kept by the circuit court clerk
13 under Section 16 of the Clerks of Courts Act, but
14 the order shall not affect any index issued by the
15 circuit court clerk before the entry of the order;
16 (iii) the records shall be impounded by the
17 Department within 60 days of the date of service of
18 the order as ordered by the court, unless a motion
19 to vacate, modify, or reconsider the order is filed
20 under paragraph (12) of subsection (d) of this
21 Section;
22 (iv) records impounded by the Department may
23 be disseminated by the Department only as required
24 by law or to the arresting authority, the State's
25 Attorney, and the court upon a later arrest for the
26 same or a similar offense or for the purpose of

HB5494 Enrolled- 26 -LRB100 19518 SLF 34785 b
1 sentencing for any subsequent felony, and to the
2 Department of Corrections upon conviction for any
3 offense; and
4 (v) in response to an inquiry for these records
5 from anyone not authorized by law to access the
6 records, the court, the Department, or the agency
7 receiving the inquiry shall reply as it does in
8 response to inquiries when no records ever
9 existed.
10 (C) Upon entry of an order to seal records under
11 subsection (c), the arresting agency, any other agency
12 as ordered by the court, the Department, and the court
13 shall seal the records (as defined in subsection
14 (a)(1)(K)). In response to an inquiry for such records,
15 from anyone not authorized by law to access such
16 records, the court, the Department, or the agency
17 receiving such inquiry shall reply as it does in
18 response to inquiries when no records ever existed.
19 (D) The Department shall send written notice to the
20 petitioner of its compliance with each order to expunge
21 or seal records within 60 days of the date of service
22 of that order or, if a motion to vacate, modify, or
23 reconsider is filed, within 60 days of service of the
24 order resolving the motion, if that order requires the
25 Department to expunge or seal records. In the event of
26 an appeal from the circuit court order, the Department

HB5494 Enrolled- 27 -LRB100 19518 SLF 34785 b
1 shall send written notice to the petitioner of its
2 compliance with an Appellate Court or Supreme Court
3 judgment to expunge or seal records within 60 days of
4 the issuance of the court's mandate. The notice is not
5 required while any motion to vacate, modify, or
6 reconsider, or any appeal or petition for
7 discretionary appellate review, is pending.
8 (10) Fees. The Department may charge the petitioner a
9 fee equivalent to the cost of processing any order to
10 expunge or seal records. Notwithstanding any provision of
11 the Clerks of Courts Act to the contrary, the circuit court
12 clerk may charge a fee equivalent to the cost associated
13 with the sealing or expungement of records by the circuit
14 court clerk. From the total filing fee collected for the
15 petition to seal or expunge, the circuit court clerk shall
16 deposit $10 into the Circuit Court Clerk Operation and
17 Administrative Fund, to be used to offset the costs
18 incurred by the circuit court clerk in performing the
19 additional duties required to serve the petition to seal or
20 expunge on all parties. The circuit court clerk shall
21 collect and forward the Department of State Police portion
22 of the fee to the Department and it shall be deposited in
23 the State Police Services Fund.
24 (11) Final Order. No court order issued under the
25 expungement or sealing provisions of this Section shall
26 become final for purposes of appeal until 30 days after

HB5494 Enrolled- 28 -LRB100 19518 SLF 34785 b
1 service of the order on the petitioner and all parties
2 entitled to notice of the petition.
3 (12) Motion to Vacate, Modify, or Reconsider. Under
4 Section 2-1203 of the Code of Civil Procedure, the
5 petitioner or any party entitled to notice may file a
6 motion to vacate, modify, or reconsider the order granting
7 or denying the petition to expunge or seal within 60 days
8 of service of the order. If filed more than 60 days after
9 service of the order, a petition to vacate, modify, or
10 reconsider shall comply with subsection (c) of Section
11 2-1401 of the Code of Civil Procedure. Upon filing of a
12 motion to vacate, modify, or reconsider, notice of the
13 motion shall be served upon the petitioner and all parties
14 entitled to notice of the petition.
15 (13) Effect of Order. An order granting a petition
16 under the expungement or sealing provisions of this Section
17 shall not be considered void because it fails to comply
18 with the provisions of this Section or because of any error
19 asserted in a motion to vacate, modify, or reconsider. The
20 circuit court retains jurisdiction to determine whether
21 the order is voidable and to vacate, modify, or reconsider
22 its terms based on a motion filed under paragraph (12) of
23 this subsection (d).
24 (14) Compliance with Order Granting Petition to Seal
25 Records. Unless a court has entered a stay of an order
26 granting a petition to seal, all parties entitled to notice

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

HB5494 Enrolled- 30 -LRB100 19518 SLF 34785 b
1order entered expunging the record of arrest from the official
2records of the arresting authority and order that the records
3of the circuit court clerk and the Department be sealed until
4further order of the court upon good cause shown or as
5otherwise provided herein, and the name of the defendant
6obliterated from the official index requested to be kept by the
7circuit court clerk under Section 16 of the Clerks of Courts
8Act in connection with the arrest and conviction for the
9offense for which he or she had been pardoned but the order
10shall not affect any index issued by the circuit court clerk
11before the entry of the order. All records sealed by the
12Department may be disseminated by the Department only to the
13arresting authority, the State's Attorney, and the court upon a
14later arrest for the same or similar offense or for the purpose
15of sentencing for any subsequent felony. Upon conviction for
16any subsequent offense, the Department of Corrections shall
17have access to all sealed records of the Department pertaining
18to that individual. Upon entry of the order of expungement, the
19circuit court clerk shall promptly mail a copy of the order to
20the person who was pardoned.
21 (e-5) Whenever a person who has been convicted of an
22offense is granted a certificate of eligibility for sealing by
23the Prisoner Review Board which specifically authorizes
24sealing, he or she may, upon verified petition to the Chief
25Judge of the circuit where the person had been convicted, any
26judge of the circuit designated by the Chief Judge, or in

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

HB5494 Enrolled- 32 -LRB100 19518 SLF 34785 b
1by the Prisoner Review Board which specifically authorizes
2expungement, he or she may, upon verified petition to the Chief
3Judge of the circuit where the person had been convicted, any
4judge of the circuit designated by the Chief Judge, or in
5counties of less than 3,000,000 inhabitants, the presiding
6trial judge at the petitioner's trial, have a court order
7entered expunging the record of arrest from the official
8records of the arresting authority and order that the records
9of the circuit court clerk and the Department be sealed until
10further order of the court upon good cause shown or as
11otherwise provided herein, and the name of the petitioner
12obliterated from the official index requested to be kept by the
13circuit court clerk under Section 16 of the Clerks of Courts
14Act in connection with the arrest and conviction for the
15offense for which he or she had been granted the certificate
16but the order shall not affect any index issued by the circuit
17court clerk before the entry of the order. All records sealed
18by the Department may be disseminated by the Department only as
19required by this Act or to the arresting authority, a law
20enforcement agency, the State's Attorney, and the court upon a
21later arrest for the same or similar offense or for the purpose
22of sentencing for any subsequent felony. Upon conviction for
23any subsequent offense, the Department of Corrections shall
24have access to all expunged records of the Department
25pertaining to that individual. Upon entry of the order of
26expungement, the circuit court clerk shall promptly mail a copy

HB5494 Enrolled- 33 -LRB100 19518 SLF 34785 b
1of the order to the person who was granted the certificate of
2eligibility for expungement.
3 (f) Subject to available funding, the Illinois Department
4of Corrections shall conduct a study of the impact of sealing,
5especially on employment and recidivism rates, utilizing a
6random sample of those who apply for the sealing of their
7criminal records under Public Act 93-211. At the request of the
8Illinois Department of Corrections, records of the Illinois
9Department of Employment Security shall be utilized as
10appropriate to assist in the study. The study shall not
11disclose any data in a manner that would allow the
12identification of any particular individual or employing unit.
13The study shall be made available to the General Assembly no
14later than September 1, 2010.
15 (g) Immediate Sealing.
16 (1) Applicability. Notwithstanding any other provision
17 of this Act to the contrary, and cumulative with any rights
18 to expungement or sealing of criminal records, this
19 subsection authorizes the immediate sealing of criminal
20 records of adults and of minors prosecuted as adults.
21 (2) Eligible Records. Arrests or charges not initiated
22 by arrest resulting in acquittal or dismissal with
23 prejudice, except as excluded by subsection (a)(3)(B),
24 that occur on or after January 1, 2018 (the effective date
25 of Public Act 100-282) this amendatory Act of the 100th
26 General Assembly, may be sealed immediately if the petition

HB5494 Enrolled- 34 -LRB100 19518 SLF 34785 b
1 is filed with the circuit court clerk on the same day and
2 during the same hearing in which the case is disposed.
3 (3) When Records are Eligible to be Immediately Sealed.
4 Eligible records under paragraph (2) of this subsection (g)
5 may be sealed immediately after entry of the final
6 disposition of a case, notwithstanding the disposition of
7 other charges in the same case.
8 (4) Notice of Eligibility for Immediate Sealing. Upon
9 entry of a disposition for an eligible record under this
10 subsection (g), the defendant shall be informed by the
11 court of his or her right to have eligible records
12 immediately sealed and the procedure for the immediate
13 sealing of these records.
14 (5) Procedure. The following procedures apply to
15 immediate sealing under this subsection (g).
16 (A) Filing the Petition. Upon entry of the final
17 disposition of the case, the defendant's attorney may
18 immediately petition the court, on behalf of the
19 defendant, for immediate sealing of eligible records
20 under paragraph (2) of this subsection (g) that are
21 entered on or after January 1, 2018 (the effective date
22 of Public Act 100-282) this amendatory Act of the 100th
23 General Assembly. The immediate sealing petition may
24 be filed with the circuit court clerk during the
25 hearing in which the final disposition of the case is
26 entered. If the defendant's attorney does not file the

HB5494 Enrolled- 35 -LRB100 19518 SLF 34785 b
1 petition for immediate sealing during the hearing, the
2 defendant may file a petition for sealing at any time
3 as authorized under subsection (c)(3)(A).
4 (B) Contents of Petition. The immediate sealing
5 petition shall be verified and shall contain the
6 petitioner's name, date of birth, current address, and
7 for each eligible record, the case number, the date of
8 arrest if applicable, the identity of the arresting
9 authority if applicable, and other information as the
10 court may require.
11 (C) Drug Test. The petitioner shall not be required
12 to attach proof that he or she has passed a drug test.
13 (D) Service of Petition. A copy of the petition
14 shall be served on the State's Attorney in open court.
15 The petitioner shall not be required to serve a copy of
16 the petition on any other agency.
17 (E) Entry of Order. The presiding trial judge shall
18 enter an order granting or denying the petition for
19 immediate sealing during the hearing in which it is
20 filed. Petitions for immediate sealing shall be ruled
21 on in the same hearing in which the final disposition
22 of the case is entered.
23 (F) Hearings. The court shall hear the petition for
24 immediate sealing on the same day and during the same
25 hearing in which the disposition is rendered.
26 (G) Service of Order. An order to immediately seal

HB5494 Enrolled- 36 -LRB100 19518 SLF 34785 b
1 eligible records shall be served in conformance with
2 subsection (d)(8).
3 (H) Implementation of Order. An order to
4 immediately seal records shall be implemented in
5 conformance with subsections (d)(9)(C) and (d)(9)(D).
6 (I) Fees. The fee imposed by the circuit court
7 clerk and the Department of State Police shall comply
8 with paragraph (1) of subsection (d) of this Section.
9 (J) Final Order. No court order issued under this
10 subsection (g) shall become final for purposes of
11 appeal until 30 days after service of the order on the
12 petitioner and all parties entitled to service of the
13 order in conformance with subsection (d)(8).
14 (K) Motion to Vacate, Modify, or Reconsider. Under
15 Section 2-1203 of the Code of Civil Procedure, the
16 petitioner, State's Attorney, or the Department of
17 State Police may file a motion to vacate, modify, or
18 reconsider the order denying the petition to
19 immediately seal within 60 days of service of the
20 order. If filed more than 60 days after service of the
21 order, a petition to vacate, modify, or reconsider
22 shall comply with subsection (c) of Section 2-1401 of
23 the Code of Civil Procedure.
24 (L) Effect of Order. An order granting an immediate
25 sealing petition shall not be considered void because
26 it fails to comply with the provisions of this Section

HB5494 Enrolled- 37 -LRB100 19518 SLF 34785 b
1 or because of an error asserted in a motion to vacate,
2 modify, or reconsider. The circuit court retains
3 jurisdiction to determine whether the order is
4 voidable, and to vacate, modify, or reconsider its
5 terms based on a motion filed under subparagraph (L) of
6 this subsection (g).
7 (M) Compliance with Order Granting Petition to
8 Seal Records. Unless a court has entered a stay of an
9 order granting a petition to immediately seal, all
10 parties entitled to service of the order must fully
11 comply with the terms of the order within 60 days of
12 service of the order.
13 (h) Sealing; trafficking victims.
14 (1) A trafficking victim as defined by paragraph (10)
15 of subsection (a) of Section 10-9 of the Criminal Code of
16 2012 shall be eligible to petition for immediate sealing of
17 his or her criminal record upon the completion of his or
18 her last sentence if his or her participation in the
19 underlying offense was a direct result of human trafficking
20 under Section 10-9 of the Criminal Code of 2012 or a severe
21 form of trafficking under the federal Trafficking Victims
22 Protection Act.
23 (2) A petitioner under this subsection (h), in addition
24 to the requirements provided under paragraph (4) of
25 subsection (d) of this Section, shall include in his or her
26 petition a clear and concise statement that: (A) he or she

HB5494 Enrolled- 38 -LRB100 19518 SLF 34785 b
1 was a victim of human trafficking at the time of the
2 offense; and (B) that his or her participation in the
3 offense was a direct result of human trafficking under
4 Section 10-9 of the Criminal Code of 2012 or a severe form
5 of trafficking under the federal Trafficking Victims
6 Protection Act.
7 (3) If an objection is filed alleging that the
8 petitioner is not entitled to immediate sealing under this
9 subsection (h), the court shall conduct a hearing under
10 paragraph (7) of subsection (d) of this Section and the
11 court shall determine whether the petitioner is entitled to
12 immediate sealing under this subsection (h). A petitioner
13 is eligible for immediate relief under this subsection (h)
14 if he or she shows, by a preponderance of the evidence,
15 that: (A) he or she was a victim of human trafficking at
16 the time of the offense; and (B) that his or her
17 participation in the offense was a direct result of human
18 trafficking under Section 10-9 of the Criminal Code of 2012
19 or a severe form of trafficking under the federal
20 Trafficking Victims Protection Act.
21(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
22eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
2399-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
241-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
2510-13-17.)
26 Section 99. Effective date. This Act takes effect upon

HB5494 Enrolled- 39 -LRB100 19518 SLF 34785 b
1becoming law.
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