Bill Text: IL SB1403 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Identification Act. Provides that the court may order the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for a misdemeanor violation of public indecency. Provides that the court may not order the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for offenses under the Humane Care for Animals Act (rather than Class A misdemeanors under the Act). Eliminates multiple offenses and circumstances of the charge where records may currently be sealed. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2017-04-07 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB1403 Detail]

Download: Illinois-2017-SB1403-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1403

Introduced 2/9/2017, by Sen. Daniel Biss

SYNOPSIS AS INTRODUCED:
20 ILCS 2630/5.2

Amends the Criminal Identification Act. Provides that the court may order the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for a misdemeanor violation of public indecency. Provides that the court may not order the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for offenses under the Humane Care for Animals Act (rather than Class A misdemeanors under the Act). Eliminates multiple offenses and circumstances of the charge where records may currently be sealed. Effective immediately.
LRB100 08985 SLF 19131 b

A BILL FOR

SB1403LRB100 08985 SLF 19131 b
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 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 (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) this amendatory Act of
8 the 99th General Assembly, the law enforcement agency
9 issuing the citation shall automatically expunge, on or
10 before January 1 and July 1 of each year, the law
11 enforcement records of a person found to have committed a
12 civil law violation of subsection (a) of Section 4 of the
13 Cannabis Control Act or subsection (c) of Section 3.5 of
14 the Drug Paraphernalia Control Act in the law enforcement
15 agency's possession or control and which contains the final
16 satisfactory disposition which pertain to the person
17 issued a citation for that offense. The law enforcement
18 agency shall provide by rule the process for access,
19 review, and to confirm the automatic expungement by the law
20 enforcement agency issuing the citation. Commencing 180
21 days after July 29, 2016 (the effective date of Public Act
22 99-697) this amendatory Act of the 99th General Assembly,
23 the clerk of the circuit court shall expunge, upon order of
24 the court, or in the absence of a court order on or before
25 January 1 and July 1 of each year, the court records of a
26 person found in the circuit court to have committed a civil

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

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1 unless the petitioner was arrested and released
2 without charging.
3 (C) the sealing of the records of arrests or
4 charges not initiated by arrest which result in an
5 order of supervision or a conviction for the following
6 offenses:
7 (i) offenses included in Article 11 of the
8 Criminal Code of 1961 or the Criminal Code of 2012
9 or a similar provision of a local ordinance, except
10 Section 11-14 and a misdemeanor violation of
11 Section 11-30 of the Criminal Code of 1961 or the
12 Criminal Code of 2012, or a similar provision of a
13 local ordinance;
14 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
15 26-5, or 48-1 of the Criminal Code of 1961 or the
16 Criminal Code of 2012, or a similar provision of a
17 local ordinance;
18 (iii) Sections 12-3.1 or 12-3.2 of the
19 Criminal Code of 1961 or the Criminal Code of 2012,
20 or Section 125 of the Stalking No Contact Order
21 Act, or Section 219 of the Civil No Contact Order
22 Act, or a similar provision of a local ordinance;
23 (iv) offenses which are Class A misdemeanors
24 under the Humane Care for Animals Act; or
25 (v) any offense or attempted offense that
26 would subject a person to registration under the

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1 Sex Offender Registration Act.
2 (D) (blank). the sealing of the records of an
3 arrest which results in the petitioner being charged
4 with a felony offense or records of a charge not
5 initiated by arrest for a felony offense unless:
6 (i) the charge is amended to a misdemeanor and
7 is otherwise eligible to be sealed pursuant to
8 subsection (c);
9 (ii) the charge is brought along with another
10 charge as a part of one case and the charge results
11 in acquittal, dismissal, or conviction when the
12 conviction was reversed or vacated, and another
13 charge brought in the same case results in a
14 disposition for a misdemeanor offense that is
15 eligible to be sealed pursuant to subsection (c) or
16 a disposition listed in paragraph (i), (iii), or
17 (iv) of this subsection;
18 (iii) the charge results in first offender
19 probation as set forth in subsection (c)(2)(E);
20 (iv) the charge is for a felony offense listed
21 in subsection (c)(2)(F) or the charge is amended to
22 a felony offense listed in subsection (c)(2)(F);
23 (v) the charge results in acquittal,
24 dismissal, or the petitioner's release without
25 conviction; or
26 (vi) the charge results in a conviction, but

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

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

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

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

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

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1 Criminal Code of 2012, Section 10-102 of the Illinois
2 Alcoholism and Other Drug Dependency Act, Section 40-10 of
3 the Alcoholism and Other Drug Abuse and Dependency Act, or
4 Section 10 of the Steroid Control Act.
5 (8) If the petitioner has been granted a certificate of
6 innocence under Section 2-702 of the Code of Civil
7 Procedure, the court that grants the certificate of
8 innocence shall also enter an order expunging the
9 conviction for which the petitioner has been determined to
10 be innocent as provided in subsection (h) of Section 2-702
11 of the Code of Civil Procedure.
12 (c) Sealing.
13 (1) Applicability. Notwithstanding any other provision
14 of this Act to the contrary, and cumulative with any rights
15 to expungement of criminal records, this subsection
16 authorizes the sealing of criminal records of adults and of
17 minors prosecuted as adults.
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. for the following offenses:
20 (i) Class 4 felony convictions for:
21 Prostitution under Section 11-14 of the
22 Criminal Code of 1961 or the Criminal Code of
23 2012.
24 Possession of cannabis under Section 4 of
25 the Cannabis Control Act.
26 Possession of a controlled substance under

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

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1 of 2012.
2 Forgery under Section 17-3 of the Criminal
3 Code of 1961 or the Criminal Code of 2012.
4 Possession with intent to manufacture or
5 deliver a controlled substance under Section
6 401 of the Illinois Controlled Substances Act.
7 (3) When Records Are Eligible to Be Sealed. Records
8 identified as eligible under subsection (c)(2) may be
9 sealed as follows:
10 (A) Records identified as eligible under
11 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
12 time.
13 (B) Except as otherwise provided in subparagraph
14 (E) of this paragraph (3), records identified as
15 eligible under subsection (c)(2)(C) may be sealed 2
16 years after the termination of petitioner's last
17 sentence (as defined in subsection (a)(1)(F)).
18 (C) Except as otherwise provided in subparagraph
19 (E) of this paragraph (3), records identified as
20 eligible under subsections (c)(2)(D), (c)(2)(E), and
21 (c)(2)(F) may be sealed 3 years after the termination
22 of the petitioner's last sentence (as defined in
23 subsection (a)(1)(F)).
24 (D) Records identified in subsection
25 (a)(3)(A)(iii) may be sealed after the petitioner has
26 reached the age of 25 years.

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

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1 (5) Notice of eligibility for sealing. Upon entry of a
2 disposition for an eligible record under this subsection
3 (c), the petitioner shall be informed by the court of the
4 right to have the records sealed and the procedures for the
5 sealing of the records.
6 (d) Procedure. The following procedures apply to
7expungement under subsections (b), (e), and (e-6) and sealing
8under subsections (c) and (e-5):
9 (1) Filing the petition. Upon becoming eligible to
10 petition for the expungement or sealing of records under
11 this Section, the petitioner shall file a petition
12 requesting the expungement or sealing of records with the
13 clerk of the court where the arrests occurred or the
14 charges were brought, or both. If arrests occurred or
15 charges were brought in multiple jurisdictions, a petition
16 must be filed in each such jurisdiction. The petitioner
17 shall pay the applicable fee, except no fee shall be
18 required if the petitioner has obtained a court order
19 waiving fees under Supreme Court Rule 298 or it is
20 otherwise waived.
21 (1.5) County fee waiver pilot program. In a county of
22 3,000,000 or more inhabitants, no fee shall be required to
23 be paid by a petitioner if the records sought to be
24 expunged or sealed were arrests resulting in release
25 without charging or arrests or charges not initiated by
26 arrest resulting in acquittal, dismissal, or conviction

SB1403- 21 -LRB100 08985 SLF 19131 b
1 when the conviction was reversed or vacated, unless
2 excluded by subsection (a)(3)(B). The provisions of this
3 paragraph (1.5), other than this sentence, are inoperative
4 on and after January 1, 2018 or one year after January 1,
5 2017 (the effective date of Public Act 99-881) this
6 amendatory Act of the 99th General Assembly, whichever is
7 later.
8 (2) Contents of petition. The petition shall be
9 verified and shall contain the petitioner's name, date of
10 birth, current address and, for each arrest or charge not
11 initiated by arrest sought to be sealed or expunged, the
12 case number, the date of arrest (if any), the identity of
13 the arresting authority, and such other information as the
14 court may require. During the pendency of the proceeding,
15 the petitioner shall promptly notify the circuit court
16 clerk of any change of his or her address. If the
17 petitioner has received a certificate of eligibility for
18 sealing from the Prisoner Review Board under paragraph (10)
19 of subsection (a) of Section 3-3-2 of the Unified Code of
20 Corrections, the certificate shall be attached to the
21 petition.
22 (3) Drug test. The petitioner must attach to the
23 petition proof that the petitioner has passed a test taken
24 within 30 days before the filing of the petition showing
25 the absence within his or her body of all illegal
26 substances as defined by the Illinois Controlled

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1 Substances Act, the Methamphetamine Control and Community
2 Protection Act, and the Cannabis Control Act if he or she
3 is petitioning to:
4 (A) seal felony records under clause (c)(2)(E);
5 (B) seal felony records for a violation of the
6 Illinois Controlled Substances Act, the
7 Methamphetamine Control and Community Protection Act,
8 or the Cannabis Control Act under clause (c)(2)(F);
9 (C) seal felony records under subsection (e-5); or
10 (D) expunge felony records of a qualified
11 probation under clause (b)(1)(iv).
12 (4) Service of petition. The circuit court clerk shall
13 promptly serve a copy of the petition and documentation to
14 support the petition under subsection (e-5) or (e-6) on the
15 State's Attorney or prosecutor charged with the duty of
16 prosecuting the offense, the Department of State Police,
17 the arresting agency and the chief legal officer of the
18 unit of local government effecting the arrest.
19 (5) Objections.
20 (A) Any party entitled to notice of the petition
21 may file an objection to the petition. All objections
22 shall be in writing, shall be filed with the circuit
23 court clerk, and shall state with specificity the basis
24 of the objection. Whenever a person who has been
25 convicted of an offense is granted a pardon by the
26 Governor which specifically authorizes expungement, an

SB1403- 23 -LRB100 08985 SLF 19131 b
1 objection to the petition may not be filed.
2 (B) Objections to a petition to expunge or seal
3 must be filed within 60 days of the date of service of
4 the petition.
5 (6) Entry of order.
6 (A) The Chief Judge of the circuit wherein the
7 charge was brought, any judge of that circuit
8 designated by the Chief Judge, or in counties of less
9 than 3,000,000 inhabitants, the presiding trial judge
10 at the petitioner's trial, if any, shall rule on the
11 petition to expunge or seal as set forth in this
12 subsection (d)(6).
13 (B) Unless the State's Attorney or prosecutor, the
14 Department of State Police, the arresting agency, or
15 the chief legal officer files an objection to the
16 petition to expunge or seal within 60 days from the
17 date of service of the petition, the court shall enter
18 an order granting or denying the petition.
19 (7) Hearings. If an objection is filed, the court shall
20 set a date for a hearing and notify the petitioner and all
21 parties entitled to notice of the petition of the hearing
22 date at least 30 days prior to the hearing. Prior to the
23 hearing, the State's Attorney shall consult with the
24 Department as to the appropriateness of the relief sought
25 in the petition to expunge or seal. At the hearing, the
26 court shall hear evidence on whether the petition should or

SB1403- 24 -LRB100 08985 SLF 19131 b
1 should not be granted, and shall grant or deny the petition
2 to expunge or seal the records based on the evidence
3 presented at the hearing. The court may consider the
4 following:
5 (A) the strength of the evidence supporting the
6 defendant's conviction;
7 (B) the reasons for retention of the conviction
8 records by the State;
9 (C) the petitioner's age, criminal record history,
10 and employment history;
11 (D) the period of time between the petitioner's
12 arrest on the charge resulting in the conviction and
13 the filing of the petition under this Section; and
14 (E) the specific adverse consequences the
15 petitioner may be subject to if the petition is denied.
16 (8) Service of order. After entering an order to
17 expunge or seal records, the court must provide copies of
18 the order to the Department, in a form and manner
19 prescribed by the Department, to the petitioner, to the
20 State's Attorney or prosecutor charged with the duty of
21 prosecuting the offense, to the arresting agency, to the
22 chief legal officer of the unit of local government
23 effecting the arrest, and to such other criminal justice
24 agencies as may be ordered by the court.
25 (9) Implementation of order.
26 (A) Upon entry of an order to expunge records

SB1403- 25 -LRB100 08985 SLF 19131 b
1 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
2 (i) the records shall be expunged (as defined
3 in subsection (a)(1)(E)) by the arresting agency,
4 the Department, and any other agency as ordered by
5 the court, within 60 days of the date of service of
6 the order, unless a motion to vacate, modify, or
7 reconsider the order is filed pursuant to
8 paragraph (12) of subsection (d) of this Section;
9 (ii) the records of the circuit court clerk
10 shall be impounded until further order of the court
11 upon good cause shown and the name of the
12 petitioner obliterated on the official index
13 required to be kept by the circuit court clerk
14 under Section 16 of the Clerks of Courts Act, but
15 the order shall not affect any index issued by the
16 circuit court clerk before the entry of the order;
17 and
18 (iii) in response to an inquiry for expunged
19 records, the court, the Department, or the agency
20 receiving such inquiry, shall reply as it does in
21 response to inquiries when no records ever
22 existed.
23 (B) Upon entry of an order to expunge records
24 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
25 (i) the records shall be expunged (as defined
26 in subsection (a)(1)(E)) by the arresting agency

SB1403- 26 -LRB100 08985 SLF 19131 b
1 and any other agency as ordered by the court,
2 within 60 days of the date of service of the order,
3 unless a motion to vacate, modify, or reconsider
4 the order is filed pursuant to paragraph (12) of
5 subsection (d) of this Section;
6 (ii) the records of the circuit court clerk
7 shall be impounded until further order of the court
8 upon good cause shown and the name of the
9 petitioner obliterated on the official index
10 required to be kept by the circuit court clerk
11 under Section 16 of the Clerks of Courts Act, but
12 the order shall not affect any index issued by the
13 circuit court clerk before the entry of the order;
14 (iii) the records shall be impounded by the
15 Department within 60 days of the date of service of
16 the order as ordered by the court, unless a motion
17 to vacate, modify, or reconsider the order is filed
18 pursuant to paragraph (12) of subsection (d) of
19 this Section;
20 (iv) records impounded by the Department may
21 be disseminated by the Department only as required
22 by law or to the arresting authority, the State's
23 Attorney, and the court upon a later arrest for the
24 same or a similar offense or for the purpose of
25 sentencing for any subsequent felony, and to the
26 Department of Corrections upon conviction for any

SB1403- 27 -LRB100 08985 SLF 19131 b
1 offense; and
2 (v) in response to an inquiry for such records
3 from anyone not authorized by law to access such
4 records, the court, the Department, or the agency
5 receiving such inquiry shall reply as it does in
6 response to inquiries when no records ever
7 existed.
8 (B-5) Upon entry of an order to expunge records
9 under subsection (e-6):
10 (i) the records shall be expunged (as defined
11 in subsection (a)(1)(E)) by the arresting agency
12 and any other agency as ordered by the court,
13 within 60 days of the date of service of the order,
14 unless a motion to vacate, modify, or reconsider
15 the order is filed under paragraph (12) of
16 subsection (d) of this Section;
17 (ii) the records of the circuit court clerk
18 shall be impounded until further order of the court
19 upon good cause shown and the name of the
20 petitioner obliterated on the official index
21 required to be kept by the circuit court clerk
22 under Section 16 of the Clerks of Courts Act, but
23 the order shall not affect any index issued by the
24 circuit court clerk before the entry of the order;
25 (iii) the records shall be impounded by the
26 Department within 60 days of the date of service of

SB1403- 28 -LRB100 08985 SLF 19131 b
1 the order as ordered by the court, unless a motion
2 to vacate, modify, or reconsider the order is filed
3 under paragraph (12) of subsection (d) of this
4 Section;
5 (iv) records impounded by the Department may
6 be disseminated by the Department only as required
7 by law or to the arresting authority, the State's
8 Attorney, and the court upon a later arrest for the
9 same or a similar offense or for the purpose of
10 sentencing for any subsequent felony, and to the
11 Department of Corrections upon conviction for any
12 offense; and
13 (v) in response to an inquiry for these records
14 from anyone not authorized by law to access the
15 records, the court, the Department, or the agency
16 receiving the inquiry shall reply as it does in
17 response to inquiries when no records ever
18 existed.
19 (C) Upon entry of an order to seal records under
20 subsection (c), the arresting agency, any other agency
21 as ordered by the court, the Department, and the court
22 shall seal the records (as defined in subsection
23 (a)(1)(K)). In response to an inquiry for such records,
24 from anyone not authorized by law to access such
25 records, the court, the Department, or the agency
26 receiving such inquiry shall reply as it does in

SB1403- 29 -LRB100 08985 SLF 19131 b
1 response to inquiries when no records ever existed.
2 (D) The Department shall send written notice to the
3 petitioner of its compliance with each order to expunge
4 or seal records within 60 days of the date of service
5 of that order or, if a motion to vacate, modify, or
6 reconsider is filed, within 60 days of service of the
7 order resolving the motion, if that order requires the
8 Department to expunge or seal records. In the event of
9 an appeal from the circuit court order, the Department
10 shall send written notice to the petitioner of its
11 compliance with an Appellate Court or Supreme Court
12 judgment to expunge or seal records within 60 days of
13 the issuance of the court's mandate. The notice is not
14 required while any motion to vacate, modify, or
15 reconsider, or any appeal or petition for
16 discretionary appellate review, is pending.
17 (10) Fees. The Department may charge the petitioner a
18 fee equivalent to the cost of processing any order to
19 expunge or seal records. Notwithstanding any provision of
20 the Clerks of Courts Act to the contrary, the circuit court
21 clerk may charge a fee equivalent to the cost associated
22 with the sealing or expungement of records by the circuit
23 court clerk. From the total filing fee collected for the
24 petition to seal or expunge, the circuit court clerk shall
25 deposit $10 into the Circuit Court Clerk Operation and
26 Administrative Fund, to be used to offset the costs

SB1403- 30 -LRB100 08985 SLF 19131 b
1 incurred by the circuit court clerk in performing the
2 additional duties required to serve the petition to seal or
3 expunge on all parties. The circuit court clerk shall
4 collect and forward the Department of State Police portion
5 of the fee to the Department and it shall be deposited in
6 the State Police Services Fund.
7 (11) Final Order. No court order issued under the
8 expungement or sealing provisions of this Section shall
9 become final for purposes of appeal until 30 days after
10 service of the order on the petitioner and all parties
11 entitled to notice of the petition.
12 (12) Motion to Vacate, Modify, or Reconsider. Under
13 Section 2-1203 of the Code of Civil Procedure, the
14 petitioner or any party entitled to notice may file a
15 motion to vacate, modify, or reconsider the order granting
16 or denying the petition to expunge or seal within 60 days
17 of service of the order. If filed more than 60 days after
18 service of the order, a petition to vacate, modify, or
19 reconsider shall comply with subsection (c) of Section
20 2-1401 of the Code of Civil Procedure. Upon filing of a
21 motion to vacate, modify, or reconsider, notice of the
22 motion shall be served upon the petitioner and all parties
23 entitled to notice of the petition.
24 (13) Effect of Order. An order granting a petition
25 under the expungement or sealing provisions of this Section
26 shall not be considered void because it fails to comply

SB1403- 31 -LRB100 08985 SLF 19131 b
1 with the provisions of this Section or because of any error
2 asserted in a motion to vacate, modify, or reconsider. The
3 circuit court retains jurisdiction to determine whether
4 the order is voidable and to vacate, modify, or reconsider
5 its terms based on a motion filed under paragraph (12) of
6 this subsection (d).
7 (14) Compliance with Order Granting Petition to Seal
8 Records. Unless a court has entered a stay of an order
9 granting a petition to seal, all parties entitled to notice
10 of the petition must fully comply with the terms of the
11 order within 60 days of service of the order even if a
12 party is seeking relief from the order through a motion
13 filed under paragraph (12) of this subsection (d) or is
14 appealing the order.
15 (15) Compliance with Order Granting Petition to
16 Expunge Records. While a party is seeking relief from the
17 order granting the petition to expunge through a motion
18 filed under paragraph (12) of this subsection (d) or is
19 appealing the order, and unless a court has entered a stay
20 of that order, the parties entitled to notice of the
21 petition must seal, but need not expunge, the records until
22 there is a final order on the motion for relief or, in the
23 case of an appeal, the issuance of that court's mandate.
24 (16) The changes to this subsection (d) made by Public
25 Act 98-163 apply to all petitions pending on August 5, 2013
26 (the effective date of Public Act 98-163) and to all orders

SB1403- 32 -LRB100 08985 SLF 19131 b
1 ruling on a petition to expunge or seal on or after August
2 5, 2013 (the effective date of Public Act 98-163).
3 (e) Whenever a person who has been convicted of an offense
4is granted a pardon by the Governor which specifically
5authorizes expungement, he or she may, upon verified petition
6to the Chief Judge of the circuit where the person had been
7convicted, any judge of the circuit designated by the Chief
8Judge, or in counties of less than 3,000,000 inhabitants, the
9presiding trial judge at the defendant's trial, have a court
10order entered expunging the record of arrest from the official
11records of the arresting authority and order that the records
12of the circuit court clerk and the Department be sealed until
13further order of the court upon good cause shown or as
14otherwise provided herein, and the name of the defendant
15obliterated from the official index requested to be kept by the
16circuit court clerk under Section 16 of the Clerks of Courts
17Act in connection with the arrest and conviction for the
18offense for which he or she had been pardoned but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only to the
22arresting authority, the State's Attorney, and the court upon a
23later arrest for the same or similar offense or for the purpose
24of sentencing for any subsequent felony. Upon conviction for
25any subsequent offense, the Department of Corrections shall
26have access to all sealed records of the Department pertaining

SB1403- 33 -LRB100 08985 SLF 19131 b
1to that individual. Upon entry of the order of expungement, the
2circuit court clerk shall promptly mail a copy of the order to
3the person who was pardoned.
4 (e-5) Whenever a person who has been convicted of an
5offense is granted a certificate of eligibility for sealing by
6the Prisoner Review Board which specifically authorizes
7sealing, he or she may, upon verified petition to the Chief
8Judge of the circuit where the person had been convicted, any
9judge of the circuit designated by the Chief Judge, or in
10counties of less than 3,000,000 inhabitants, the presiding
11trial judge at the petitioner's trial, have a court order
12entered sealing the record of arrest from the official records
13of the arresting authority and order that the records of the
14circuit court clerk and the Department be sealed until further
15order of the court upon good cause shown or as otherwise
16provided herein, and the name of the petitioner obliterated
17from the official index requested to be kept by the circuit
18court clerk under Section 16 of the Clerks of Courts Act in
19connection with the arrest and conviction for the offense for
20which he or she had been granted the certificate but the order
21shall not affect any index issued by the circuit court clerk
22before the entry of the order. All records sealed by the
23Department may be disseminated by the Department only as
24required by this Act or to the arresting authority, a law
25enforcement agency, the State's Attorney, and the court upon a
26later arrest for the same or similar offense or for the purpose

SB1403- 34 -LRB100 08985 SLF 19131 b
1of sentencing for any subsequent felony. Upon conviction for
2any subsequent offense, the Department of Corrections shall
3have access to all sealed records of the Department pertaining
4to that individual. Upon entry of the order of sealing, the
5circuit court clerk shall promptly mail a copy of the order to
6the person who was granted the certificate of eligibility for
7sealing.
8 (e-6) Whenever a person who has been convicted of an
9offense is granted a certificate of eligibility for expungement
10by the Prisoner Review Board which specifically authorizes
11expungement, he or she may, upon verified petition to the Chief
12Judge of the circuit where the person had been convicted, any
13judge of the circuit designated by the Chief Judge, or in
14counties of less than 3,000,000 inhabitants, the presiding
15trial judge at the petitioner's trial, have a court order
16entered expunging the record of arrest from the official
17records of the arresting authority and order that the records
18of the circuit court clerk and the Department be sealed until
19further order of the court upon good cause shown or as
20otherwise provided herein, and the name of the petitioner
21obliterated from the official index requested to be kept by the
22circuit court clerk under Section 16 of the Clerks of Courts
23Act in connection with the arrest and conviction for the
24offense for which he or she had been granted the certificate
25but the order shall not affect any index issued by the circuit
26court clerk before the entry of the order. All records sealed

SB1403- 35 -LRB100 08985 SLF 19131 b
1by the Department may be disseminated by the Department only as
2required by this Act or to the arresting authority, a law
3enforcement agency, the State's Attorney, and the court upon a
4later arrest for the same or similar offense or for the purpose
5of sentencing for any subsequent felony. Upon conviction for
6any subsequent offense, the Department of Corrections shall
7have access to all expunged records of the Department
8pertaining to that individual. Upon entry of the order of
9expungement, the circuit court clerk shall promptly mail a copy
10of the order to the person who was granted the certificate of
11eligibility for expungement.
12 (f) Subject to available funding, the Illinois Department
13of Corrections shall conduct a study of the impact of sealing,
14especially on employment and recidivism rates, utilizing a
15random sample of those who apply for the sealing of their
16criminal records under Public Act 93-211. At the request of the
17Illinois Department of Corrections, records of the Illinois
18Department of Employment Security shall be utilized as
19appropriate to assist in the study. The study shall not
20disclose any data in a manner that would allow the
21identification of any particular individual or employing unit.
22The study shall be made available to the General Assembly no
23later than September 1, 2010.
24(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
25eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
26eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;

SB1403- 36 -LRB100 08985 SLF 19131 b
198-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
299-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
37-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
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