103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2626
 
Introduced 10/25/2023, by Sen. Robert Peters
 
SYNOPSIS AS INTRODUCED:

20 ILCS 2630/5.2
730 ILCS 166/35
730 ILCS 167/35
730 ILCS 168/35
 Amends the Criminal Identification Act. Provides that, in anticipation of the successful completion of a diversion program, a petitioner may file a petition for expungement at least 61 days before the anticipated dismissal of the case. Provides that, if a petition is filed, and upon the successful completion of the diversion program and dismissal of the case, the court shall review the petition and shall grant expungement if the petitioner meets all requirements. Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act to make conforming changes.


LRB103 35010 AWJ 64933 b


 
 
A BILL FOR
 
SB2626LRB103 35010 AWJ 64933 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 (Text of Section before amendment by P.A. 103-35)
8 Sec. 5.2. Expungement, sealing, and immediate sealing.
9 (a) General Provisions.
10  (1) Definitions. In this Act, words and phrases have 
11 the meanings set forth in this subsection, except when a 
12 particular context clearly requires a different meaning.
13   (A) The following terms shall have the meanings 
14 ascribed to them in the following Sections of the 
15 Unified Code of Corrections:
16    Business Offense, Section 5-1-2.
17    Charge, Section 5-1-3.
18    Court, Section 5-1-6.
19    Defendant, Section 5-1-7.
20    Felony, Section 5-1-9.
21    Imprisonment, Section 5-1-10.
22    Judgment, Section 5-1-12.
23    Misdemeanor, Section 5-1-14.
 
 
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1    Offense, Section 5-1-15.
2    Parole, Section 5-1-16.
3    Petty Offense, Section 5-1-17.
4    Probation, Section 5-1-18.
5    Sentence, Section 5-1-19.
6    Supervision, Section 5-1-21.
7    Victim, Section 5-1-22.
8   (B) As used in this Section, "charge not initiated 
9 by arrest" means a charge (as defined by Section 5-1-3 
10 of the Unified Code of Corrections) brought against a 
11 defendant where the defendant is not arrested prior to 
12 or as a direct result of the charge.
13   (C) "Conviction" means a judgment of conviction or 
14 sentence entered upon a plea of guilty or upon a 
15 verdict or finding of guilty of an offense, rendered 
16 by a legally constituted jury or by a court of 
17 competent jurisdiction authorized to try the case 
18 without a jury. An order of supervision successfully 
19 completed by the petitioner is not a conviction. An 
20 order of qualified probation (as defined in subsection 
21 (a)(1)(J)) successfully completed by the petitioner is 
22 not a conviction. An order of supervision or an order 
23 of qualified probation that is terminated 
24 unsatisfactorily is a conviction, unless the 
25 unsatisfactory termination is reversed, vacated, or 
26 modified and the judgment of conviction, if any, is 
 
 
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1 reversed or vacated.
2   (D) "Criminal offense" means a petty offense, 
3 business offense, misdemeanor, felony, or municipal 
4 ordinance violation (as defined in subsection 
5 (a)(1)(H)). As used in this Section, a minor traffic 
6 offense (as defined in subsection (a)(1)(G)) shall not 
7 be considered a criminal offense.
8   (E) "Expunge" means to physically destroy the 
9 records or return them to the petitioner and to 
10 obliterate the petitioner's name from any official 
11 index or public record, or both. Nothing in this Act 
12 shall require the physical destruction of the circuit 
13 court file, but such records relating to arrests or 
14 charges, or both, ordered expunged shall be impounded 
15 as required by subsections (d)(9)(A)(ii) and 
16 (d)(9)(B)(ii).
17   (F) As used in this Section, "last sentence" means 
18 the sentence, order of supervision, or order of 
19 qualified probation (as defined by subsection 
20 (a)(1)(J)), for a criminal offense (as defined by 
21 subsection (a)(1)(D)) that terminates last in time in 
22 any jurisdiction, regardless of whether the petitioner 
23 has included the criminal offense for which the 
24 sentence or order of supervision or qualified 
25 probation was imposed in his or her petition. If 
26 multiple sentences, orders of supervision, or orders 
 
 
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1 of qualified probation terminate on the same day and 
2 are last in time, they shall be collectively 
3 considered the "last sentence" regardless of whether 
4 they were ordered to run concurrently.
5   (G) "Minor traffic offense" means a petty offense, 
6 business offense, or Class C misdemeanor under the 
7 Illinois Vehicle Code or a similar provision of a 
8 municipal or local ordinance.
9   (G-5) "Minor Cannabis Offense" means a violation 
10 of Section 4 or 5 of the Cannabis Control Act 
11 concerning not more than 30 grams of any substance 
12 containing cannabis, provided the violation did not 
13 include a penalty enhancement under Section 7 of the 
14 Cannabis Control Act and is not associated with an 
15 arrest, conviction or other disposition for a violent 
16 crime as defined in subsection (c) of Section 3 of the 
17 Rights of Crime Victims and Witnesses Act. 
18   (H) "Municipal ordinance violation" means an 
19 offense defined by a municipal or local ordinance that 
20 is criminal in nature and with which the petitioner 
21 was charged or for which the petitioner was arrested 
22 and released without charging.
23   (I) "Petitioner" means an adult or a minor 
24 prosecuted as an adult who has applied for relief 
25 under this Section.
26   (J) "Qualified probation" means an order of 
 
 
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1 probation under Section 10 of the Cannabis Control 
2 Act, Section 410 of the Illinois Controlled Substances 
3 Act, Section 70 of the Methamphetamine Control and 
4 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
5 of the Unified Code of Corrections, Section 
6 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
7 those provisions existed before their deletion by 
8 Public Act 89-313), Section 10-102 of the Illinois 
9 Alcoholism and Other Drug Dependency Act, Section 
10 40-10 of the Substance Use Disorder Act, or Section 10 
11 of the Steroid Control Act. For the purpose of this 
12 Section, "successful completion" of an order of 
13 qualified probation under Section 10-102 of the 
14 Illinois Alcoholism and Other Drug Dependency Act and 
15 Section 40-10 of the Substance Use Disorder Act means 
16 that the probation was terminated satisfactorily and 
17 the judgment of conviction was vacated.
18   (K) "Seal" means to physically and electronically 
19 maintain the records, unless the records would 
20 otherwise be destroyed due to age, but to make the 
21 records unavailable without a court order, subject to 
22 the exceptions in Sections 12 and 13 of this Act. The 
23 petitioner's name shall also be obliterated from the 
24 official index required to be kept by the circuit 
25 court clerk under Section 16 of the Clerks of Courts 
26 Act, but any index issued by the circuit court clerk 
 
 
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1 before the entry of the order to seal shall not be 
2 affected.
3   (L) "Sexual offense committed against a minor" 
4 includes, but is not limited to, the offenses of 
5 indecent solicitation of a child or criminal sexual 
6 abuse when the victim of such offense is under 18 years 
7 of age.
8   (M) "Terminate" as it relates to a sentence or 
9 order of supervision or qualified probation includes 
10 either satisfactory or unsatisfactory termination of 
11 the sentence, unless otherwise specified in this 
12 Section. A sentence is terminated notwithstanding any 
13 outstanding financial legal obligation. 
14  (2) Minor Traffic Offenses. Orders of supervision or 
15 convictions for minor traffic offenses shall not affect a 
16 petitioner's eligibility to expunge or seal records 
17 pursuant to this Section.
18  (2.5) Commencing 180 days after July 29, 2016 (the 
19 effective date of Public Act 99-697), the law enforcement 
20 agency issuing the citation shall automatically expunge, 
21 on or before January 1 and July 1 of each year, the law 
22 enforcement records of a person found to have committed a 
23 civil law violation of subsection (a) of Section 4 of the 
24 Cannabis Control Act or subsection (c) of Section 3.5 of 
25 the Drug Paraphernalia Control Act in the law enforcement 
26 agency's possession or control and which contains the 
 
 
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1 final satisfactory disposition which pertain to the person 
2 issued a citation for that offense. The law enforcement 
3 agency shall provide by rule the process for access, 
4 review, and to confirm the automatic expungement by the 
5 law enforcement agency issuing the citation. Commencing 
6 180 days after July 29, 2016 (the effective date of Public 
7 Act 99-697), the clerk of the circuit court shall expunge, 
8 upon order of the court, or in the absence of a court order 
9 on or before January 1 and July 1 of each year, the court 
10 records of a person found in the circuit court to have 
11 committed a civil law violation of subsection (a) of 
12 Section 4 of the Cannabis Control Act or subsection (c) of 
13 Section 3.5 of the Drug Paraphernalia Control Act in the 
14 clerk's possession or control and which contains the final 
15 satisfactory disposition which pertain to the person 
16 issued a citation for any of those offenses. 
17  (3) Exclusions. Except as otherwise provided in 
18 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
19 of this Section, the court shall not order:
20   (A) the sealing or expungement of the records of 
21 arrests or charges not initiated by arrest that result 
22 in an order of supervision for or conviction of: (i) 
23 any sexual offense committed against a minor; (ii) 
24 Section 11-501 of the Illinois Vehicle Code or a 
25 similar provision of a local ordinance; or (iii) 
26 Section 11-503 of the Illinois Vehicle Code or a 
 
 
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1 similar provision of a local ordinance, unless the 
2 arrest or charge is for a misdemeanor violation of 
3 subsection (a) of Section 11-503 or a similar 
4 provision of a local ordinance, that occurred prior to 
5 the offender reaching the age of 25 years and the 
6 offender has no other conviction for violating Section 
7 11-501 or 11-503 of the Illinois Vehicle Code or a 
8 similar provision of a local ordinance.
9   (B) the sealing or expungement of records of minor 
10 traffic offenses (as defined in subsection (a)(1)(G)), 
11 unless the petitioner was arrested and released 
12 without charging.
13   (C) the sealing of the records of arrests or 
14 charges not initiated by arrest which result in an 
15 order of supervision or a conviction for the following 
16 offenses:
17    (i) offenses included in Article 11 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012 
19 or a similar provision of a local ordinance, 
20 except Section 11-14 and a misdemeanor violation 
21 of Section 11-30 of the Criminal Code of 1961 or 
22 the Criminal Code of 2012, or a similar provision 
23 of a local ordinance;
24    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
25 26-5, or 48-1 of the Criminal Code of 1961 or the 
26 Criminal Code of 2012, or a similar provision of a 
 
 
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1 local ordinance;
2    (iii) Section 12-3.1 or 12-3.2 of the Criminal 
3 Code of 1961 or the Criminal Code of 2012, or 
4 Section 125 of the Stalking No Contact Order Act, 
5 or Section 219 of the Civil No Contact Order Act, 
6 or a similar provision of a local ordinance;
7    (iv) Class A misdemeanors or felony offenses 
8 under the Humane Care for Animals Act; or
9    (v) any offense or attempted offense that 
10 would subject a person to registration under the 
11 Sex Offender Registration Act.
12   (D) (blank).
13 (b) Expungement.
14  (1) A petitioner may petition the circuit court to 
15 expunge the records of his or her arrests and charges not 
16 initiated by arrest when each arrest or charge not 
17 initiated by arrest sought to be expunged resulted in: (i) 
18 acquittal, dismissal, or the petitioner's release without 
19 charging, unless excluded by subsection (a)(3)(B); (ii) a 
20 conviction which was vacated or reversed, unless excluded 
21 by subsection (a)(3)(B); (iii) an order of supervision and 
22 such supervision was successfully completed by the 
23 petitioner, unless excluded by subsection (a)(3)(A) or 
24 (a)(3)(B); or (iv) an order of qualified probation (as 
25 defined in subsection (a)(1)(J)) and such probation was 
26 successfully completed by the petitioner.
 
 
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1  (1.5) When a petitioner seeks to have a record of 
2 arrest expunged under this Section, and the offender has 
3 been convicted of a criminal offense, the State's Attorney 
4 may object to the expungement on the grounds that the 
5 records contain specific relevant information aside from 
6 the mere fact of the arrest. 
7  (2) Time frame for filing a petition to expunge.
8   (A) When the arrest or charge not initiated by 
9 arrest sought to be expunged resulted in an acquittal, 
10 dismissal, the petitioner's release without charging, 
11 or the reversal or vacation of a conviction, there is 
12 no waiting period to petition for the expungement of 
13 such records.
14   (B) When the arrest or charge not initiated by 
15 arrest sought to be expunged resulted in an order of 
16 supervision, successfully completed by the petitioner, 
17 the following time frames will apply:
18    (i) Those arrests or charges that resulted in 
19 orders of supervision under Section 3-707, 3-708, 
20 3-710, or 5-401.3 of the Illinois Vehicle Code or 
21 a similar provision of a local ordinance, or under 
22 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
23 Code of 1961 or the Criminal Code of 2012, or a 
24 similar provision of a local ordinance, shall not 
25 be eligible for expungement until 5 years have 
26 passed following the satisfactory termination of 
 
 
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1 the supervision.
2    (i-5) Those arrests or charges that resulted 
3 in orders of supervision for a misdemeanor 
4 violation of subsection (a) of Section 11-503 of 
5 the Illinois Vehicle Code or a similar provision 
6 of a local ordinance, that occurred prior to the 
7 offender reaching the age of 25 years and the 
8 offender has no other conviction for violating 
9 Section 11-501 or 11-503 of the Illinois Vehicle 
10 Code or a similar provision of a local ordinance 
11 shall not be eligible for expungement until the 
12 petitioner has reached the age of 25 years. 
13    (ii) Those arrests or charges that resulted in 
14 orders of supervision for any other offenses shall 
15 not be eligible for expungement until 2 years have 
16 passed following the satisfactory termination of 
17 the supervision.
18   (C) When the arrest or charge not initiated by 
19 arrest sought to be expunged resulted in an order of 
20 qualified probation, successfully completed by the 
21 petitioner, such records shall not be eligible for 
22 expungement until 5 years have passed following the 
23 satisfactory termination of the probation.
24  (3) Those records maintained by the Illinois State 
25 Police for persons arrested prior to their 17th birthday 
26 shall be expunged as provided in Section 5-915 of the 
 
 
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1 Juvenile Court Act of 1987.
2  (4) Whenever a person has been arrested for or 
3 convicted of any offense, in the name of a person whose 
4 identity he or she has stolen or otherwise come into 
5 possession of, the aggrieved person from whom the identity 
6 was stolen or otherwise obtained without authorization, 
7 upon learning of the person having been arrested using his 
8 or her identity, may, upon verified petition to the chief 
9 judge of the circuit wherein the arrest was made, have a 
10 court order entered nunc pro tunc by the Chief Judge to 
11 correct the arrest record, conviction record, if any, and 
12 all official records of the arresting authority, the 
13 Illinois State Police, other criminal justice agencies, 
14 the prosecutor, and the trial court concerning such 
15 arrest, if any, by removing his or her name from all such 
16 records in connection with the arrest and conviction, if 
17 any, and by inserting in the records the name of the 
18 offender, if known or ascertainable, in lieu of the 
19 aggrieved's name. The records of the circuit court clerk 
20 shall be sealed until further order of the court upon good 
21 cause shown and the name of the aggrieved person 
22 obliterated on the official index required to be kept by 
23 the circuit court clerk under Section 16 of the Clerks of 
24 Courts Act, but the order shall not affect any index 
25 issued by the circuit court clerk before the entry of the 
26 order. Nothing in this Section shall limit the Illinois 
 
 
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1 State Police or other criminal justice agencies or 
2 prosecutors from listing under an offender's name the 
3 false names he or she has used.
4  (5) Whenever a person has been convicted of criminal 
5 sexual assault, aggravated criminal sexual assault, 
6 predatory criminal sexual assault of a child, criminal 
7 sexual abuse, or aggravated criminal sexual abuse, the 
8 victim of that offense may request that the State's 
9 Attorney of the county in which the conviction occurred 
10 file a verified petition with the presiding trial judge at 
11 the petitioner's trial to have a court order entered to 
12 seal the records of the circuit court clerk in connection 
13 with the proceedings of the trial court concerning that 
14 offense. However, the records of the arresting authority 
15 and the Illinois State Police concerning the offense shall 
16 not be sealed. The court, upon good cause shown, shall 
17 make the records of the circuit court clerk in connection 
18 with the proceedings of the trial court concerning the 
19 offense available for public inspection.
20  (6) If a conviction has been set aside on direct 
21 review or on collateral attack and the court determines by 
22 clear and convincing evidence that the petitioner was 
23 factually innocent of the charge, the court that finds the 
24 petitioner factually innocent of the charge shall enter an 
25 expungement order for the conviction for which the 
26 petitioner has been determined to be innocent as provided 
 
 
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1 in subsection (b) of Section 5-5-4 of the Unified Code of 
2 Corrections.
3  (7) Nothing in this Section shall prevent the Illinois 
4 State Police from maintaining all records of any person 
5 who is admitted to probation upon terms and conditions and 
6 who fulfills those terms and conditions pursuant to 
7 Section 10 of the Cannabis Control Act, Section 410 of the 
8 Illinois Controlled Substances Act, Section 70 of the 
9 Methamphetamine Control and Community Protection Act, 
10 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
11 Corrections, Section 12-4.3 or subdivision (b)(1) of 
12 Section 12-3.05 of the Criminal Code of 1961 or the 
13 Criminal Code of 2012, Section 10-102 of the Illinois 
14 Alcoholism and Other Drug Dependency Act, Section 40-10 of 
15 the Substance Use Disorder Act, or Section 10 of the 
16 Steroid Control Act.
17  (8) If the petitioner has been granted a certificate 
18 of innocence under Section 2-702 of the Code of Civil 
19 Procedure, the court that grants the certificate of 
20 innocence shall also enter an order expunging the 
21 conviction for which the petitioner has been determined to 
22 be innocent as provided in subsection (h) of Section 2-702 
23 of the Code of Civil Procedure.
24 (c) Sealing.
25  (1) Applicability. Notwithstanding any other provision 
26 of this Act to the contrary, and cumulative with any 
 
 
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1 rights to expungement of criminal records, this subsection 
2 authorizes the sealing of criminal records of adults and 
3 of minors prosecuted as adults. Subsection (g) of this 
4 Section provides for immediate sealing of certain records. 
5  (2) Eligible Records. The following records may be 
6 sealed:
7   (A) All arrests resulting in release without 
8 charging;
9   (B) Arrests or charges not initiated by arrest 
10 resulting in acquittal, dismissal, or conviction when 
11 the conviction was reversed or vacated, except as 
12 excluded by subsection (a)(3)(B);
13   (C) Arrests or charges not initiated by arrest 
14 resulting in orders of supervision, including orders 
15 of supervision for municipal ordinance violations, 
16 successfully completed by the petitioner, unless 
17 excluded by subsection (a)(3);
18   (D) Arrests or charges not initiated by arrest 
19 resulting in convictions, including convictions on 
20 municipal ordinance violations, unless excluded by 
21 subsection (a)(3);
22   (E) Arrests or charges not initiated by arrest 
23 resulting in orders of first offender probation under 
24 Section 10 of the Cannabis Control Act, Section 410 of 
25 the Illinois Controlled Substances Act, Section 70 of 
26 the Methamphetamine Control and Community Protection 
 
 
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1 Act, or Section 5-6-3.3 of the Unified Code of 
2 Corrections; and
3   (F) Arrests or charges not initiated by arrest 
4 resulting in felony convictions unless otherwise 
5 excluded by subsection (a) paragraph (3) of this 
6 Section.
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 subsections (c)(2)(A) and (c)(2)(B) may be sealed at 
12 any 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)). Convictions requiring public 
24 registration under the Arsonist Registration Act, the 
25 Sex Offender Registration Act, or the Murderer and 
26 Violent Offender Against Youth Registration Act may 
 
 
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1 not be sealed until the petitioner is no longer 
2 required to register under that relevant Act.
3   (D) Records identified in subsection 
4 (a)(3)(A)(iii) may be sealed after the petitioner has 
5 reached the age of 25 years. 
6   (E) Records identified as eligible under 
7 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or 
8 (c)(2)(F) may be sealed upon termination of the 
9 petitioner's last sentence if the petitioner earned a 
10 high school diploma, associate's degree, career 
11 certificate, vocational technical certification, or 
12 bachelor's degree, or passed the high school level 
13 Test of General Educational Development, during the 
14 period of his or her sentence or mandatory supervised 
15 release. This subparagraph shall apply only to a 
16 petitioner who has not completed the same educational 
17 goal prior to the period of his or her sentence or 
18 mandatory supervised release. If a petition for 
19 sealing eligible records filed under this subparagraph 
20 is denied by the court, the time periods under 
21 subparagraph (B) or (C) shall apply to any subsequent 
22 petition for sealing filed by the petitioner.
23  (4) Subsequent felony convictions. A person may not 
24 have subsequent felony conviction records sealed as 
25 provided in this subsection (c) if he or she is convicted 
26 of any felony offense after the date of the sealing of 
 
 
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1 prior felony convictions as provided in this subsection 
2 (c). The court may, upon conviction for a subsequent 
3 felony offense, order the unsealing of prior felony 
4 conviction records previously ordered sealed by the court.
5  (5) Notice of eligibility for sealing. Upon entry of a 
6 disposition for an eligible record under this subsection 
7 (c), the petitioner shall be informed by the court of the 
8 right to have the records sealed and the procedures for 
9 the sealing of the records.
10 (d) Procedure. The following procedures apply to 
11expungement under subsections (b), (e), and (e-6) and sealing 
12under subsections (c) and (e-5):
13  (1) Filing the petition. Upon becoming eligible to 
14 petition for the expungement or sealing of records under 
15 this Section, the petitioner shall file a petition 
16 requesting the expungement or sealing of records with the 
17 clerk of the court where the arrests occurred or the 
18 charges were brought, or both. If arrests occurred or 
19 charges were brought in multiple jurisdictions, a petition 
20 must be filed in each such jurisdiction. The petitioner 
21 shall pay the applicable fee, except no fee shall be 
22 required if the petitioner has obtained a court order 
23 waiving fees under Supreme Court Rule 298 or it is 
24 otherwise waived.
25  (1.5) County fee waiver pilot program. From August 9, 
26 2019 (the effective date of Public Act 101-306) through 
 
 
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1 December 31, 2020, in a county of 3,000,000 or more 
2 inhabitants, no fee shall be required to be paid by a 
3 petitioner if the records sought to be expunged or sealed 
4 were arrests resulting in release without charging or 
5 arrests or charges not initiated by arrest resulting in 
6 acquittal, dismissal, or conviction when the conviction 
7 was reversed or vacated, unless excluded by subsection 
8 (a)(3)(B). The provisions of this paragraph (1.5), other 
9 than this sentence, are inoperative on and after January 
10 1, 2022. 
11  (2) Contents of petition. The petition shall be 
12 verified and shall contain the petitioner's name, date of 
13 birth, current address and, for each arrest or charge not 
14 initiated by arrest sought to be sealed or expunged, the 
15 case number, the date of arrest (if any), the identity of 
16 the arresting authority, and such other information as the 
17 court may require. During the pendency of the proceeding, 
18 the petitioner shall promptly notify the circuit court 
19 clerk of any change of his or her address. If the 
20 petitioner has received a certificate of eligibility for 
21 sealing from the Prisoner Review Board under paragraph 
22 (10) of subsection (a) of Section 3-3-2 of the Unified 
23 Code of Corrections, the certificate shall be attached to 
24 the petition.
25  (3) Drug test. The petitioner must attach to the 
26 petition proof that the petitioner has taken within 30 
 
 
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1 days before the filing of the petition a test showing the 
2 absence within his or her body of all illegal substances 
3 as defined by the Illinois Controlled Substances Act and 
4 the Methamphetamine Control and Community Protection Act 
5 if he or she is petitioning to:
6   (A) seal felony records under clause (c)(2)(E);
7   (B) seal felony records for a violation of the 
8 Illinois Controlled Substances Act, the 
9 Methamphetamine Control and Community Protection Act, 
10 or the Cannabis Control Act under clause (c)(2)(F);
11   (C) seal felony records under subsection (e-5); or 
12   (D) expunge felony records of a qualified 
13 probation under clause (b)(1)(iv).
14  (4) Service of petition. The circuit court clerk shall 
15 promptly serve a copy of the petition and documentation to 
16 support the petition under subsection (e-5) or (e-6) on 
17 the State's Attorney or prosecutor charged with the duty 
18 of prosecuting the offense, the Illinois State Police, the 
19 arresting agency and the chief legal officer of the unit 
20 of local government effecting the arrest.
21  (5) Objections.
22   (A) Any party entitled to notice of the petition 
23 may file an objection to the petition. All objections 
24 shall be in writing, shall be filed with the circuit 
25 court clerk, and shall state with specificity the 
26 basis of the objection. Whenever a person who has been 
 
 
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1 convicted of an offense is granted a pardon by the 
2 Governor which specifically authorizes expungement, an 
3 objection to the petition may not be filed.
4   (B) Objections to a petition to expunge or seal 
5 must be filed within 60 days of the date of service of 
6 the petition.
7  (6) Entry of order.
8   (A) The Chief Judge of the circuit wherein the 
9 charge was brought, any judge of that circuit 
10 designated by the Chief Judge, or in counties of less 
11 than 3,000,000 inhabitants, the presiding trial judge 
12 at the petitioner's trial, if any, shall rule on the 
13 petition to expunge or seal as set forth in this 
14 subsection (d)(6).
15   (B) Unless the State's Attorney or prosecutor, the 
16 Illinois State Police, the arresting agency, or the 
17 chief legal officer files an objection to the petition 
18 to expunge or seal within 60 days from the date of 
19 service of the petition, the court shall enter an 
20 order granting or denying the petition.
21   (C) Notwithstanding any other provision of law, 
22 the court shall not deny a petition for sealing under 
23 this Section because the petitioner has not satisfied 
24 an outstanding legal financial obligation established, 
25 imposed, or originated by a court, law enforcement 
26 agency, or a municipal, State, county, or other unit 
 
 
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1 of local government, including, but not limited to, 
2 any cost, assessment, fine, or fee. An outstanding 
3 legal financial obligation does not include any court 
4 ordered restitution to a victim under Section 5-5-6 of 
5 the Unified Code of Corrections, unless the 
6 restitution has been converted to a civil judgment. 
7 Nothing in this subparagraph (C) waives, rescinds, or 
8 abrogates a legal financial obligation or otherwise 
9 eliminates or affects the right of the holder of any 
10 financial obligation to pursue collection under 
11 applicable federal, State, or local law. 
12   (D) Notwithstanding any other provision of law, 
13 the court shall not deny a petition to expunge or seal 
14 under this Section because the petitioner has 
15 submitted a drug test taken within 30 days before the 
16 filing of the petition to expunge or seal that 
17 indicates a positive test for the presence of cannabis 
18 within the petitioner's body. In this subparagraph 
19 (D), "cannabis" has the meaning ascribed to it in 
20 Section 3 of the Cannabis Control Act. 
21  (7) Hearings. If an objection is filed, the court 
22 shall set a date for a hearing and notify the petitioner 
23 and all parties entitled to notice of the petition of the 
24 hearing date at least 30 days prior to the hearing. Prior 
25 to the hearing, the State's Attorney shall consult with 
26 the Illinois State Police as to the appropriateness of the 
 
 
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1 relief sought in the petition to expunge or seal. At the 
2 hearing, the court shall hear evidence on whether the 
3 petition should or should not be granted, and shall grant 
4 or deny the petition to expunge or seal the records based 
5 on the evidence presented at the hearing. The court may 
6 consider the following:
7   (A) the strength of the evidence supporting the 
8 defendant's conviction; 
9   (B) the reasons for retention of the conviction 
10 records by the State; 
11   (C) the petitioner's age, criminal record history, 
12 and employment history; 
13   (D) the period of time between the petitioner's 
14 arrest on the charge resulting in the conviction and 
15 the filing of the petition under this Section; and 
16   (E) the specific adverse consequences the 
17 petitioner may be subject to if the petition is 
18 denied. 
19  (8) Service of order. After entering an order to 
20 expunge or seal records, the court must provide copies of 
21 the order to the Illinois State Police, in a form and 
22 manner prescribed by the Illinois State Police, to the 
23 petitioner, to the State's Attorney or prosecutor charged 
24 with the duty of prosecuting the offense, to the arresting 
25 agency, to the chief legal officer of the unit of local 
26 government effecting the arrest, and to such other 
 
 
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1 criminal justice agencies as may be ordered by the court.
2  (9) Implementation of order.
3   (A) Upon entry of an order to expunge records 
4 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or 
5 both:
6    (i) the records shall be expunged (as defined 
7 in subsection (a)(1)(E)) by the arresting agency, 
8 the Illinois State Police, and any other agency as 
9 ordered by the court, within 60 days of the date of 
10 service of the order, unless a motion to vacate, 
11 modify, or reconsider the order is filed pursuant 
12 to paragraph (12) of subsection (d) of this 
13 Section;
14    (ii) the records of the circuit court clerk 
15 shall be impounded until further order of the 
16 court upon good cause shown and the name of the 
17 petitioner obliterated on the official index 
18 required to be kept by the circuit court clerk 
19 under Section 16 of the Clerks of Courts Act, but 
20 the order shall not affect any index issued by the 
21 circuit court clerk before the entry of the order; 
22 and
23    (iii) in response to an inquiry for expunged 
24 records, the court, the Illinois State Police, or 
25 the agency receiving such inquiry, shall reply as 
26 it does in response to inquiries when no records 
 
 
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1 ever existed.
2   (B) Upon entry of an order to expunge records 
3 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or 
4 both:
5    (i) the records shall be expunged (as defined 
6 in subsection (a)(1)(E)) by the arresting agency 
7 and any other agency as ordered by the court, 
8 within 60 days of the date of service of the order, 
9 unless a motion to vacate, modify, or reconsider 
10 the order is filed pursuant to paragraph (12) of 
11 subsection (d) of this Section;
12    (ii) the records of the circuit court clerk 
13 shall be impounded until further order of the 
14 court upon good cause shown and the name of the 
15 petitioner obliterated on the official index 
16 required to be kept by the circuit court clerk 
17 under Section 16 of the Clerks of Courts Act, but 
18 the order shall not affect any index issued by the 
19 circuit court clerk before the entry of the order;
20    (iii) the records shall be impounded by the 
21 Illinois State Police within 60 days of the date 
22 of service of the order as ordered by the court, 
23 unless a motion to vacate, modify, or reconsider 
24 the order is filed pursuant to paragraph (12) of 
25 subsection (d) of this Section;
26    (iv) records impounded by the Illinois State 
 
 
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1 Police may be disseminated by the Illinois State 
2 Police only as required by law or to the arresting 
3 authority, the State's Attorney, and the court 
4 upon a later arrest for the same or a similar 
5 offense or for the purpose of sentencing for any 
6 subsequent felony, and to the Department of 
7 Corrections upon conviction for any offense; and
8    (v) in response to an inquiry for such records 
9 from anyone not authorized by law to access such 
10 records, the court, the Illinois State Police, or 
11 the agency receiving such inquiry shall reply as 
12 it does in response to inquiries when no records 
13 ever existed.
14   (B-5) Upon entry of an order to expunge records 
15 under subsection (e-6):
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 under 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 
25 court upon good cause shown and the name of the 
26 petitioner obliterated on the official index 
 
 
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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 Illinois State Police within 60 days of the date 
7 of service of the order as ordered by the court, 
8 unless a motion to vacate, modify, or reconsider 
9 the order is filed under paragraph (12) of 
10 subsection (d) of this Section;
11    (iv) records impounded by the Illinois State 
12 Police may be disseminated by the Illinois State 
13 Police only as required by law or to the arresting 
14 authority, the State's Attorney, and the court 
15 upon a later arrest for the same or a similar 
16 offense or for the purpose of sentencing for any 
17 subsequent felony, and to the Department of 
18 Corrections upon conviction for any offense; and
19    (v) in response to an inquiry for these 
20 records from anyone not authorized by law to 
21 access the records, the court, the Illinois State 
22 Police, or the agency receiving the inquiry shall 
23 reply as it does in response to inquiries when no 
24 records ever existed. 
25   (C) Upon entry of an order to seal records under 
26 subsection (c), the arresting agency, any other agency 
 
 
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1 as ordered by the court, the Illinois State Police, 
2 and the court shall seal the records (as defined in 
3 subsection (a)(1)(K)). In response to an inquiry for 
4 such records, from anyone not authorized by law to 
5 access such records, the court, the Illinois State 
6 Police, or the agency receiving such inquiry shall 
7 reply as it does in response to inquiries when no 
8 records ever existed.
9   (D) The Illinois State Police shall send written 
10 notice to the petitioner of its compliance with each 
11 order to expunge or seal records within 60 days of the 
12 date of service of that order or, if a motion to 
13 vacate, modify, or reconsider is filed, within 60 days 
14 of service of the order resolving the motion, if that 
15 order requires the Illinois State Police to expunge or 
16 seal records. In the event of an appeal from the 
17 circuit court order, the Illinois State Police shall 
18 send written notice to the petitioner of its 
19 compliance with an Appellate Court or Supreme Court 
20 judgment to expunge or seal records within 60 days of 
21 the issuance of the court's mandate. The notice is not 
22 required while any motion to vacate, modify, or 
23 reconsider, or any appeal or petition for 
24 discretionary appellate review, is pending. 
25   (E) Upon motion, the court may order that a sealed 
26 judgment or other court record necessary to 
 
 
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1 demonstrate the amount of any legal financial 
2 obligation due and owing be made available for the 
3 limited purpose of collecting any legal financial 
4 obligations owed by the petitioner that were 
5 established, imposed, or originated in the criminal 
6 proceeding for which those records have been sealed. 
7 The records made available under this subparagraph (E) 
8 shall not be entered into the official index required 
9 to be kept by the circuit court clerk under Section 16 
10 of the Clerks of Courts Act and shall be immediately 
11 re-impounded upon the collection of the outstanding 
12 financial obligations. 
13   (F) Notwithstanding any other provision of this 
14 Section, a circuit court clerk may access a sealed 
15 record for the limited purpose of collecting payment 
16 for any legal financial obligations that were 
17 established, imposed, or originated in the criminal 
18 proceedings for which those records have been sealed. 
19  (10) Fees. The Illinois State Police may charge the 
20 petitioner a fee equivalent to the cost of processing any 
21 order to expunge or seal records. Notwithstanding any 
22 provision of the Clerks of Courts Act to the contrary, the 
23 circuit court clerk may charge a fee equivalent to the 
24 cost associated with the sealing or expungement of records 
25 by the circuit court clerk. From the total filing fee 
26 collected for the petition to seal or expunge, the circuit 
 
 
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1 court clerk shall deposit $10 into the Circuit Court Clerk 
2 Operation and Administrative Fund, to be used to offset 
3 the costs incurred by the circuit court clerk in 
4 performing the additional duties required to serve the 
5 petition to seal or expunge on all parties. The circuit 
6 court clerk shall collect and remit the Illinois State 
7 Police portion of the fee to the State Treasurer and it 
8 shall be deposited in the State Police Services Fund. If 
9 the record brought under an expungement petition was 
10 previously sealed under this Section, the fee for the 
11 expungement petition for that same record shall be waived. 
12  (11) Final Order. No court order issued under the 
13 expungement or sealing provisions of this Section shall 
14 become final for purposes of appeal until 30 days after 
15 service of the order on the petitioner and all parties 
16 entitled to notice of the petition.
17  (12) Motion to Vacate, Modify, or Reconsider. Under 
18 Section 2-1203 of the Code of Civil Procedure, the 
19 petitioner or any party entitled to notice may file a 
20 motion to vacate, modify, or reconsider the order granting 
21 or denying the petition to expunge or seal within 60 days 
22 of service of the order. If filed more than 60 days after 
23 service of the order, a petition to vacate, modify, or 
24 reconsider shall comply with subsection (c) of Section 
25 2-1401 of the Code of Civil Procedure. Upon filing of a 
26 motion to vacate, modify, or reconsider, notice of the 
 
 
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1 motion shall be served upon the petitioner and all parties 
2 entitled to notice of the petition. 
3  (13) Effect of Order. An order granting a petition 
4 under the expungement or sealing provisions of this 
5 Section shall not be considered void because it fails to 
6 comply with the provisions of this Section or because of 
7 any error asserted in a motion to vacate, modify, or 
8 reconsider. The circuit court retains jurisdiction to 
9 determine whether the order is voidable and to vacate, 
10 modify, or reconsider its terms based on a motion filed 
11 under paragraph (12) of this subsection (d).
12  (14) Compliance with Order Granting Petition to Seal 
13 Records. Unless a court has entered a stay of an order 
14 granting a petition to seal, all parties entitled to 
15 notice of the petition must fully comply with the terms of 
16 the order within 60 days of service of the order even if a 
17 party is seeking relief from the order through a motion 
18 filed under paragraph (12) of this subsection (d) or is 
19 appealing the order.
20  (15) Compliance with Order Granting Petition to 
21 Expunge Records. While a party is seeking relief from the 
22 order granting the petition to expunge through a motion 
23 filed under paragraph (12) of this subsection (d) or is 
24 appealing the order, and unless a court has entered a stay 
25 of that order, the parties entitled to notice of the 
26 petition must seal, but need not expunge, the records 
 
 
SB2626- 32 -LRB103 35010 AWJ 64933 b


1 until there is a final order on the motion for relief or, 
2 in the case of an appeal, the issuance of that court's 
3 mandate.
4  (16) The changes to this subsection (d) made by Public 
5 Act 98-163 apply to all petitions pending on August 5, 
6 2013 (the effective date of Public Act 98-163) and to all 
7 orders ruling on a petition to expunge or seal on or after 
8 August 5, 2013 (the effective date of Public Act 98-163). 
9 (e) Whenever a person who has been convicted of an offense 
10is granted a pardon by the Governor which specifically 
11authorizes expungement, he or she may, upon verified petition 
12to the Chief Judge of the circuit where the person had been 
13convicted, any judge of the circuit designated by the Chief 
14Judge, or in counties of less than 3,000,000 inhabitants, the 
15presiding trial judge at the defendant's trial, have a court 
16order entered 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 Illinois State Police be 
19sealed until further order of the court upon good cause shown 
20or as otherwise provided herein, and the name of the defendant 
21obliterated from the official index requested to be kept by 
22the circuit court clerk under Section 16 of the Clerks of 
23Courts Act in connection with the arrest and conviction for 
24the offense for which he or she had been pardoned but the order 
25shall not affect any index issued by the circuit court clerk 
26before the entry of the order. All records sealed by the 
 
 
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1Illinois State Police may be disseminated by the Illinois 
2State Police only to the arresting authority, the State's 
3Attorney, and the court upon a later arrest for the same or 
4similar offense or for the purpose of sentencing for any 
5subsequent felony. Upon conviction for any subsequent offense, 
6the Department of Corrections shall have access to all sealed 
7records of the Illinois State Police pertaining to that 
8individual. Upon entry of the order of expungement, the 
9circuit court clerk shall promptly mail a copy of the order to 
10the person who was pardoned.
11 (e-5) Whenever a person who has been convicted of an 
12offense is granted a certificate of eligibility for sealing by 
13the Prisoner Review Board which specifically authorizes 
14sealing, he or she may, upon verified petition to the Chief 
15Judge of the circuit where the person had been convicted, any 
16judge of the circuit designated by the Chief Judge, or in 
17counties of less than 3,000,000 inhabitants, the presiding 
18trial judge at the petitioner's trial, have a court order 
19entered sealing the record of arrest from the official records 
20of the arresting authority and order that the records of the 
21circuit court clerk and the Illinois State Police be sealed 
22until further order of the court upon good cause shown or as 
23otherwise provided herein, and the name of the petitioner 
24obliterated from the official index requested to be kept by 
25the circuit court clerk under Section 16 of the Clerks of 
26Courts Act in connection with the arrest and conviction for 
 
 
SB2626- 34 -LRB103 35010 AWJ 64933 b


1the offense for which he or she had been granted the 
2certificate but the order shall not affect any index issued by 
3the circuit court clerk before the entry of the order. All 
4records sealed by the Illinois State Police may be 
5disseminated by the Illinois State Police only as required by 
6this Act or to the arresting authority, a law enforcement 
7agency, the State's Attorney, and the court upon a later 
8arrest for the same or similar offense or for the purpose of 
9sentencing for any subsequent felony. Upon conviction for any 
10subsequent offense, the Department of Corrections shall have 
11access to all sealed records of the Illinois State Police 
12pertaining to that individual. Upon entry of the order of 
13sealing, the circuit court clerk shall promptly mail a copy of 
14the order to the person who was granted the certificate of 
15eligibility for sealing. 
16 (e-6) Whenever a person who has been convicted of an 
17offense is granted a certificate of eligibility for 
18expungement by the Prisoner Review Board which specifically 
19authorizes expungement, he or she may, upon verified petition 
20to the Chief Judge of the circuit where the person had been 
21convicted, any judge of the circuit designated by the Chief 
22Judge, or in counties of less than 3,000,000 inhabitants, the 
23presiding trial judge at the petitioner's trial, have a court 
24order entered expunging the record of arrest from the official 
25records of the arresting authority and order that the records 
26of the circuit court clerk and the Illinois State Police be 
 
 
SB2626- 35 -LRB103 35010 AWJ 64933 b


1sealed until further order of the court upon good cause shown 
2or as otherwise provided herein, and the name of the 
3petitioner obliterated from the official index requested to be 
4kept by the circuit court clerk under Section 16 of the Clerks 
5of Courts Act in connection with the arrest and conviction for 
6the offense for which he or she had been granted the 
7certificate but the order shall not affect any index issued by 
8the circuit court clerk before the entry of the order. All 
9records sealed by the Illinois State Police may be 
10disseminated by the Illinois State Police only as required by 
11this Act or to the arresting authority, a law enforcement 
12agency, the State's Attorney, and the court upon a later 
13arrest for the same or similar offense or for the purpose of 
14sentencing for any subsequent felony. Upon conviction for any 
15subsequent offense, the Department of Corrections shall have 
16access to all expunged records of the Illinois State Police 
17pertaining to that individual. Upon entry of the order of 
18expungement, the circuit court clerk shall promptly mail a 
19copy of the order to the person who was granted the certificate 
20of eligibility for expungement. 
21 (f) Subject to available funding, the Illinois Department 
22of Corrections shall conduct a study of the impact of sealing, 
23especially on employment and recidivism rates, utilizing a 
24random sample of those who apply for the sealing of their 
25criminal records under Public Act 93-211. At the request of 
26the Illinois Department of Corrections, records of the 
 
 
SB2626- 36 -LRB103 35010 AWJ 64933 b


1Illinois Department of Employment Security shall be utilized 
2as appropriate to assist in the study. The study shall not 
3disclose any data in a manner that would allow the 
4identification of any particular individual or employing unit. 
5The study shall be made available to the General Assembly no 
6later than September 1, 2010.
7 (g) Immediate Sealing.
8  (1) Applicability. Notwithstanding any other provision 
9 of this Act to the contrary, and cumulative with any 
10 rights to expungement or sealing of criminal records, this 
11 subsection authorizes the immediate sealing of criminal 
12 records of adults and of minors prosecuted as adults.
13  (2) Eligible Records. Arrests or charges not initiated 
14 by arrest resulting in acquittal or dismissal with 
15 prejudice, except as excluded by subsection (a)(3)(B), 
16 that occur on or after January 1, 2018 (the effective date 
17 of Public Act 100-282), may be sealed immediately if the 
18 petition is filed with the circuit court clerk on the same 
19 day and during the same hearing in which the case is 
20 disposed.
21  (3) When Records are Eligible to be Immediately 
22 Sealed. Eligible records under paragraph (2) of this 
23 subsection (g) may be sealed immediately after entry of 
24 the final disposition of a case, notwithstanding the 
25 disposition of other charges in the same case.
26  (4) Notice of Eligibility for Immediate Sealing. Upon 
 
 
SB2626- 37 -LRB103 35010 AWJ 64933 b


1 entry of a disposition for an eligible record under this 
2 subsection (g), the defendant shall be informed by the 
3 court of his or her right to have eligible records 
4 immediately sealed and the procedure for the immediate 
5 sealing of these records.
6  (5) Procedure. The following procedures apply to 
7 immediate sealing under this subsection (g).
8   (A) Filing the Petition. Upon entry of the final 
9 disposition of the case, the defendant's attorney may 
10 immediately petition the court, on behalf of the 
11 defendant, for immediate sealing of eligible records 
12 under paragraph (2) of this subsection (g) that are 
13 entered on or after January 1, 2018 (the effective 
14 date of Public Act 100-282). The immediate sealing 
15 petition may be filed with the circuit court clerk 
16 during the hearing in which the final disposition of 
17 the case is entered. If the defendant's attorney does 
18 not file the petition for immediate sealing during the 
19 hearing, the defendant may file a petition for sealing 
20 at any time as authorized under subsection (c)(3)(A).
21   (B) Contents of Petition. The immediate sealing 
22 petition shall be verified and shall contain the 
23 petitioner's name, date of birth, current address, and 
24 for each eligible record, the case number, the date of 
25 arrest if applicable, the identity of the arresting 
26 authority if applicable, and other information as the 
 
 
SB2626- 38 -LRB103 35010 AWJ 64933 b


1 court may require.
2   (C) Drug Test. The petitioner shall not be 
3 required to attach proof that he or she has passed a 
4 drug test.
5   (D) Service of Petition. A copy of the petition 
6 shall be served on the State's Attorney in open court. 
7 The petitioner shall not be required to serve a copy of 
8 the petition on any other agency.
9   (E) Entry of Order. The presiding trial judge 
10 shall enter an order granting or denying the petition 
11 for immediate sealing during the hearing in which it 
12 is filed. Petitions for immediate sealing shall be 
13 ruled on in the same hearing in which the final 
14 disposition of the case is entered.
15   (F) Hearings. The court shall hear the petition 
16 for immediate sealing on the same day and during the 
17 same hearing in which the disposition is rendered.
18   (G) Service of Order. An order to immediately seal 
19 eligible records shall be served in conformance with 
20 subsection (d)(8).
21   (H) Implementation of Order. An order to 
22 immediately seal records shall be implemented in 
23 conformance with subsections (d)(9)(C) and (d)(9)(D).
24   (I) Fees. The fee imposed by the circuit court 
25 clerk and the Illinois State Police shall comply with 
26 paragraph (1) of subsection (d) of this Section.
 
 
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1   (J) Final Order. No court order issued under this 
2 subsection (g) shall become final for purposes of 
3 appeal until 30 days after service of the order on the 
4 petitioner and all parties entitled to service of the 
5 order in conformance with subsection (d)(8).
6   (K) Motion to Vacate, Modify, or Reconsider. Under 
7 Section 2-1203 of the Code of Civil Procedure, the 
8 petitioner, State's Attorney, or the Illinois State 
9 Police may file a motion to vacate, modify, or 
10 reconsider the order denying the petition to 
11 immediately seal within 60 days of service of the 
12 order. If filed more than 60 days after service of the 
13 order, a petition to vacate, modify, or reconsider 
14 shall comply with subsection (c) of Section 2-1401 of 
15 the Code of Civil Procedure.
16   (L) Effect of Order. An order granting an 
17 immediate sealing petition shall not be considered 
18 void because it fails to comply with the provisions of 
19 this Section or because of an error asserted in a 
20 motion to vacate, modify, or reconsider. The circuit 
21 court retains jurisdiction to determine whether the 
22 order is voidable, and to vacate, modify, or 
23 reconsider its terms based on a motion filed under 
24 subparagraph (L) of this subsection (g).
25   (M) Compliance with Order Granting Petition to 
26 Seal Records. Unless a court has entered a stay of an 
 
 
SB2626- 40 -LRB103 35010 AWJ 64933 b


1 order granting a petition to immediately seal, all 
2 parties entitled to service of the order must fully 
3 comply with the terms of the order within 60 days of 
4 service of the order. 
5 (h) Sealing; trafficking victims.
6  (1) A trafficking victim as defined by paragraph (10) 
7 of subsection (a) of Section 10-9 of the Criminal Code of 
8 2012 shall be eligible to petition for immediate sealing 
9 of his or her criminal record upon the completion of his or 
10 her last sentence if his or her participation in the 
11 underlying offense was a direct result of human 
12 trafficking under Section 10-9 of the Criminal Code of 
13 2012 or a severe form of trafficking under the federal 
14 Trafficking Victims Protection Act.
15  (2) A petitioner under this subsection (h), in 
16 addition to the requirements provided under paragraph (4) 
17 of subsection (d) of this Section, shall include in his or 
18 her petition a clear and concise statement that: (A) he or 
19 she was a victim of human trafficking at the time of the 
20 offense; and (B) that his or her participation in the 
21 offense was a direct result of human trafficking under 
22 Section 10-9 of the Criminal Code of 2012 or a severe form 
23 of trafficking under the federal Trafficking Victims 
24 Protection Act. 
25  (3) If an objection is filed alleging that the 
26 petitioner is not entitled to immediate sealing under this 
 
 
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1 subsection (h), the court shall conduct a hearing under 
2 paragraph (7) of subsection (d) of this Section and the 
3 court shall determine whether the petitioner is entitled 
4 to immediate sealing under this subsection (h). A 
5 petitioner is eligible for immediate relief under this 
6 subsection (h) if he or she shows, by a preponderance of 
7 the evidence, that: (A) he or she was a victim of human 
8 trafficking at the time of the offense; and (B) that his or 
9 her participation in the offense was a direct result of 
10 human trafficking under Section 10-9 of the Criminal Code 
11 of 2012 or a severe form of trafficking under the federal 
12 Trafficking Victims Protection Act.
13 (i) Minor Cannabis Offenses under the Cannabis Control 
14Act.
15  (1) Expungement of Arrest Records of Minor Cannabis 
16 Offenses.
17   (A) The Illinois State Police and all law 
18 enforcement agencies within the State shall 
19 automatically expunge all criminal history records of 
20 an arrest, charge not initiated by arrest, order of 
21 supervision, or order of qualified probation for a 
22 Minor Cannabis Offense committed prior to June 25, 
23 2019 (the effective date of Public Act 101-27) if:
24    (i) One year or more has elapsed since the 
25 date of the arrest or law enforcement interaction 
26 documented in the records; and
 
 
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1    (ii) No criminal charges were filed relating 
2 to the arrest or law enforcement interaction or 
3 criminal charges were filed and subsequently 
4 dismissed or vacated or the arrestee was 
5 acquitted.
6   (B) If the law enforcement agency is unable to 
7 verify satisfaction of condition (ii) in paragraph 
8 (A), records that satisfy condition (i) in paragraph 
9 (A) shall be automatically expunged.
10   (C) Records shall be expunged by the law 
11 enforcement agency under the following timelines:
12    (i) Records created prior to June 25, 2019 
13 (the effective date of Public Act 101-27), but on 
14 or after January 1, 2013, shall be automatically 
15 expunged prior to January 1, 2021;
16    (ii) Records created prior to January 1, 2013, 
17 but on or after January 1, 2000, shall be 
18 automatically expunged prior to January 1, 2023;
19    (iii) Records created prior to January 1, 2000 
20 shall be automatically expunged prior to January 
21 1, 2025.
22   In response to an inquiry for expunged records, 
23 the law enforcement agency receiving such inquiry 
24 shall reply as it does in response to inquiries when no 
25 records ever existed; however, it shall provide a 
26 certificate of disposition or confirmation that the 
 
 
SB2626- 43 -LRB103 35010 AWJ 64933 b


1 record was expunged to the individual whose record was 
2 expunged if such a record exists. 
3   (D) Nothing in this Section shall be construed to 
4 restrict or modify an individual's right to have that 
5 individual's records expunged except as otherwise may 
6 be provided in this Act, or diminish or abrogate any 
7 rights or remedies otherwise available to the 
8 individual.
9  (2) Pardons Authorizing Expungement of Minor Cannabis 
10 Offenses.
11   (A) Upon June 25, 2019 (the effective date of 
12 Public Act 101-27), the Department of State Police 
13 shall review all criminal history record information 
14 and identify all records that meet all of the 
15 following criteria:
16    (i) one or more convictions for a Minor 
17 Cannabis Offense;
18    (ii) the conviction identified in paragraph 
19 (2)(A)(i) did not include a penalty enhancement 
20 under Section 7 of the Cannabis Control Act; and
21    (iii) the conviction identified in paragraph 
22 (2)(A)(i) is not associated with a conviction for 
23 a violent crime as defined in subsection (c) of 
24 Section 3 of the Rights of Crime Victims and 
25 Witnesses Act.
26   (B) Within 180 days after June 25, 2019 (the 
 
 
SB2626- 44 -LRB103 35010 AWJ 64933 b


1 effective date of Public Act 101-27), the Department 
2 of State Police shall notify the Prisoner Review Board 
3 of all such records that meet the criteria established 
4 in paragraph (2)(A).
5    (i) The Prisoner Review Board shall notify the 
6 State's Attorney of the county of conviction of 
7 each record identified by State Police in 
8 paragraph (2)(A) that is classified as a Class 4 
9 felony. The State's Attorney may provide a written 
10 objection to the Prisoner Review Board on the sole 
11 basis that the record identified does not meet the 
12 criteria established in paragraph (2)(A). Such an 
13 objection must be filed within 60 days or by such 
14 later date set by the Prisoner Review Board in the 
15 notice after the State's Attorney received notice 
16 from the Prisoner Review Board.
17    (ii) In response to a written objection from a 
18 State's Attorney, the Prisoner Review Board is 
19 authorized to conduct a non-public hearing to 
20 evaluate the information provided in the 
21 objection.
22    (iii) The Prisoner Review Board shall make a 
23 confidential and privileged recommendation to the 
24 Governor as to whether to grant a pardon 
25 authorizing expungement for each of the records 
26 identified by the Department of State Police as 
 
 
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1 described in paragraph (2)(A).
2   (C) If an individual has been granted a pardon 
3 authorizing expungement as described in this Section, 
4 the Prisoner Review Board, through the Attorney 
5 General, shall file a petition for expungement with 
6 the Chief Judge of the circuit or any judge of the 
7 circuit designated by the Chief Judge where the 
8 individual had been convicted. Such petition may 
9 include more than one individual. Whenever an 
10 individual who has been convicted of an offense is 
11 granted a pardon by the Governor that specifically 
12 authorizes expungement, an objection to the petition 
13 may not be filed. Petitions to expunge under this 
14 subsection (i) may include more than one individual. 
15 Within 90 days of the filing of such a petition, the 
16 court shall enter an order expunging the records of 
17 arrest from the official records of the arresting 
18 authority and order that the records of the circuit 
19 court clerk and the Illinois State Police be expunged 
20 and the name of the defendant obliterated from the 
21 official index requested to be kept by the circuit 
22 court clerk under Section 16 of the Clerks of Courts 
23 Act in connection with the arrest and conviction for 
24 the offense for which the individual had received a 
25 pardon but the order shall not affect any index issued 
26 by the circuit court clerk before the entry of the 
 
 
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1 order. Upon entry of the order of expungement, the 
2 circuit court clerk shall promptly provide a copy of 
3 the order and a certificate of disposition to the 
4 individual who was pardoned to the individual's last 
5 known address or by electronic means (if available) or 
6 otherwise make it available to the individual upon 
7 request.
8   (D) Nothing in this Section is intended to 
9 diminish or abrogate any rights or remedies otherwise 
10 available to the individual.
11  (3) Any individual may file a motion to vacate and 
12 expunge a conviction for a misdemeanor or Class 4 felony 
13 violation of Section 4 or Section 5 of the Cannabis 
14 Control Act. Motions to vacate and expunge under this 
15 subsection (i) may be filed with the circuit court, Chief 
16 Judge of a judicial circuit or any judge of the circuit 
17 designated by the Chief Judge. The circuit court clerk 
18 shall promptly serve a copy of the motion to vacate and 
19 expunge, and any supporting documentation, on the State's 
20 Attorney or prosecutor charged with the duty of 
21 prosecuting the offense. When considering such a motion to 
22 vacate and expunge, a court shall consider the following: 
23 the reasons to retain the records provided by law 
24 enforcement, the petitioner's age, the petitioner's age at 
25 the time of offense, the time since the conviction, and 
26 the specific adverse consequences if denied. An individual 
 
 
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1 may file such a petition after the completion of any 
2 non-financial sentence or non-financial condition imposed 
3 by the conviction. Within 60 days of the filing of such 
4 motion, a State's Attorney may file an objection to such a 
5 petition along with supporting evidence. If a motion to 
6 vacate and expunge is granted, the records shall be 
7 expunged in accordance with subparagraphs (d)(8) and 
8 (d)(9)(A) of this Section. An agency providing civil legal 
9 aid, as defined by Section 15 of the Public Interest 
10 Attorney Assistance Act, assisting individuals seeking to 
11 file a motion to vacate and expunge under this subsection 
12 may file motions to vacate and expunge with the Chief 
13 Judge of a judicial circuit or any judge of the circuit 
14 designated by the Chief Judge, and the motion may include 
15 more than one individual. Motions filed by an agency 
16 providing civil legal aid concerning more than one 
17 individual may be prepared, presented, and signed 
18 electronically.
19  (4) Any State's Attorney may file a motion to vacate 
20 and expunge a conviction for a misdemeanor or Class 4 
21 felony violation of Section 4 or Section 5 of the Cannabis 
22 Control Act. Motions to vacate and expunge under this 
23 subsection (i) may be filed with the circuit court, Chief 
24 Judge of a judicial circuit or any judge of the circuit 
25 designated by the Chief Judge, and may include more than 
26 one individual. Motions filed by a State's Attorney 
 
 
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1 concerning more than one individual may be prepared, 
2 presented, and signed electronically. When considering 
3 such a motion to vacate and expunge, a court shall 
4 consider the following: the reasons to retain the records 
5 provided by law enforcement, the individual's age, the 
6 individual's age at the time of offense, the time since 
7 the conviction, and the specific adverse consequences if 
8 denied. Upon entry of an order granting a motion to vacate 
9 and expunge records pursuant to this Section, the State's 
10 Attorney shall notify the Prisoner Review Board within 30 
11 days. Upon entry of the order of expungement, the circuit 
12 court clerk shall promptly provide a copy of the order and 
13 a certificate of disposition to the individual whose 
14 records will be expunged to the individual's last known 
15 address or by electronic means (if available) or otherwise 
16 make available to the individual upon request. If a motion 
17 to vacate and expunge is granted, the records shall be 
18 expunged in accordance with subparagraphs (d)(8) and 
19 (d)(9)(A) of this Section.
20  (5) In the public interest, the State's Attorney of a 
21 county has standing to file motions to vacate and expunge 
22 pursuant to this Section in the circuit court with 
23 jurisdiction over the underlying conviction.
24  (6) If a person is arrested for a Minor Cannabis 
25 Offense as defined in this Section before June 25, 2019 
26 (the effective date of Public Act 101-27) and the person's 
 
 
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1 case is still pending but a sentence has not been imposed, 
2 the person may petition the court in which the charges are 
3 pending for an order to summarily dismiss those charges 
4 against him or her, and expunge all official records of 
5 his or her arrest, plea, trial, conviction, incarceration, 
6 supervision, or expungement. If the court determines, upon 
7 review, that: (A) the person was arrested before June 25, 
8 2019 (the effective date of Public Act 101-27) for an 
9 offense that has been made eligible for expungement; (B) 
10 the case is pending at the time; and (C) the person has not 
11 been sentenced of the minor cannabis violation eligible 
12 for expungement under this subsection, the court shall 
13 consider the following: the reasons to retain the records 
14 provided by law enforcement, the petitioner's age, the 
15 petitioner's age at the time of offense, the time since 
16 the conviction, and the specific adverse consequences if 
17 denied. If a motion to dismiss and expunge is granted, the 
18 records shall be expunged in accordance with subparagraph 
19 (d)(9)(A) of this Section.
20  (7) A person imprisoned solely as a result of one or 
21 more convictions for Minor Cannabis Offenses under this 
22 subsection (i) shall be released from incarceration upon 
23 the issuance of an order under this subsection.
24  (8) The Illinois State Police shall allow a person to 
25 use the access and review process, established in the 
26 Illinois State Police, for verifying that his or her 
 
 
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1 records relating to Minor Cannabis Offenses of the 
2 Cannabis Control Act eligible under this Section have been 
3 expunged.
4  (9) No conviction vacated pursuant to this Section 
5 shall serve as the basis for damages for time unjustly 
6 served as provided in the Court of Claims Act. 
7  (10) Effect of Expungement. A person's right to 
8 expunge an expungeable offense shall not be limited under 
9 this Section. The effect of an order of expungement shall 
10 be to restore the person to the status he or she occupied 
11 before the arrest, charge, or conviction.
12  (11) Information. The Illinois State Police shall post 
13 general information on its website about the expungement 
14 process described in this subsection (i). 
15 (j) Felony Prostitution Convictions.
16  (1) Any individual may file a motion to vacate and 
17 expunge a conviction for a prior Class 4 felony violation 
18 of prostitution. Motions to vacate and expunge under this 
19 subsection (j) may be filed with the circuit court, Chief 
20 Judge of a judicial circuit, or any judge of the circuit 
21 designated by the Chief Judge. When considering the motion 
22 to vacate and expunge, a court shall consider the 
23 following:
24   (A) the reasons to retain the records provided by 
25 law enforcement;
26   (B) the petitioner's age;
 
 
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1   (C) the petitioner's age at the time of offense; 
2 and
3   (D) the time since the conviction, and the 
4 specific adverse consequences if denied. An individual 
5 may file the petition after the completion of any 
6 sentence or condition imposed by the conviction. 
7 Within 60 days of the filing of the motion, a State's 
8 Attorney may file an objection to the petition along 
9 with supporting evidence. If a motion to vacate and 
10 expunge is granted, the records shall be expunged in 
11 accordance with subparagraph (d)(9)(A) of this 
12 Section. An agency providing civil legal aid, as 
13 defined in Section 15 of the Public Interest Attorney 
14 Assistance Act, assisting individuals seeking to file 
15 a motion to vacate and expunge under this subsection 
16 may file motions to vacate and expunge with the Chief 
17 Judge of a judicial circuit or any judge of the circuit 
18 designated by the Chief Judge, and the motion may 
19 include more than one individual.
20  (2) Any State's Attorney may file a motion to vacate 
21 and expunge a conviction for a Class 4 felony violation of 
22 prostitution. Motions to vacate and expunge under this 
23 subsection (j) may be filed with the circuit court, Chief 
24 Judge of a judicial circuit, or any judge of the circuit 
25 court designated by the Chief Judge, and may include more 
26 than one individual. When considering the motion to vacate 
 
 
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1 and expunge, a court shall consider the following reasons:
2   (A) the reasons to retain the records provided by 
3 law enforcement;
4   (B) the petitioner's age;
5   (C) the petitioner's age at the time of offense;
6   (D) the time since the conviction; and
7   (E) the specific adverse consequences if denied.
8  If the State's Attorney files a motion to vacate and 
9 expunge records for felony prostitution convictions 
10 pursuant to this Section, the State's Attorney shall 
11 notify the Prisoner Review Board within 30 days of the 
12 filing. If a motion to vacate and expunge is granted, the 
13 records shall be expunged in accordance with subparagraph 
14 (d)(9)(A) of this Section.
15  (3) In the public interest, the State's Attorney of a 
16 county has standing to file motions to vacate and expunge 
17 pursuant to this Section in the circuit court with 
18 jurisdiction over the underlying conviction.
19  (4) The Illinois State Police shall allow a person to 
20 a use the access and review process, established in the 
21 Illinois State Police, for verifying that his or her 
22 records relating to felony prostitution eligible under 
23 this Section have been expunged.
24  (5) No conviction vacated pursuant to this Section 
25 shall serve as the basis for damages for time unjustly 
26 served as provided in the Court of Claims Act.
 
 
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1  (6) Effect of Expungement. A person's right to expunge 
2 an expungeable offense shall not be limited under this 
3 Section. The effect of an order of expungement shall be to 
4 restore the person to the status he or she occupied before 
5 the arrest, charge, or conviction.
6  (7) Information. The Illinois State Police shall post 
7 general information on its website about the expungement 
8 process described in this subsection (j).
9(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
10101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. 
1112-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; 
12102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. 
135-13-22; 102-933, eff. 1-1-23; 130-154, eff. 6-30-23.)

14 (Text of Section after amendment by P.A. 103-35)
15 Sec. 5.2. Expungement, sealing, and immediate sealing.
16 (a) General Provisions.
17  (1) Definitions. In this Act, words and phrases have 
18 the meanings set forth in this subsection, except when a 
19 particular context clearly requires a different meaning.
20   (A) The following terms shall have the meanings 
21 ascribed to them in the following Sections of the 
22 Unified Code of Corrections:
23    Business Offense, Section 5-1-2.
24    Charge, Section 5-1-3.
25    Court, Section 5-1-6.
 
 
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1    Defendant, Section 5-1-7.
2    Felony, Section 5-1-9.
3    Imprisonment, Section 5-1-10.
4    Judgment, Section 5-1-12.
5    Misdemeanor, Section 5-1-14.
6    Offense, Section 5-1-15.
7    Parole, Section 5-1-16.
8    Petty Offense, Section 5-1-17.
9    Probation, Section 5-1-18.
10    Sentence, Section 5-1-19.
11    Supervision, Section 5-1-21.
12    Victim, Section 5-1-22.
13   (B) As used in this Section, "charge not initiated 
14 by arrest" means a charge (as defined by Section 5-1-3 
15 of the Unified Code of Corrections) brought against a 
16 defendant where the defendant is not arrested prior to 
17 or as a direct result of the charge.
18   (C) "Conviction" means a judgment of conviction or 
19 sentence entered upon a plea of guilty or upon a 
20 verdict or finding of guilty of an offense, rendered 
21 by a legally constituted jury or by a court of 
22 competent jurisdiction authorized to try the case 
23 without a jury. An order of supervision successfully 
24 completed by the petitioner is not a conviction. An 
25 order of qualified probation (as defined in subsection 
26 (a)(1)(J)) successfully completed by the petitioner is 
 
 
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1 not a conviction. An order of supervision or an order 
2 of qualified probation that is terminated 
3 unsatisfactorily is a conviction, unless the 
4 unsatisfactory termination is reversed, vacated, or 
5 modified and the judgment of conviction, if any, is 
6 reversed or vacated.
7   (D) "Criminal offense" means a petty offense, 
8 business offense, misdemeanor, felony, or municipal 
9 ordinance violation (as defined in subsection 
10 (a)(1)(H)). As used in this Section, a minor traffic 
11 offense (as defined in subsection (a)(1)(G)) shall not 
12 be considered a criminal offense.
13   (E) "Expunge" means to physically destroy the 
14 records or return them to the petitioner and to 
15 obliterate the petitioner's name from any official 
16 index or public record, or both. Nothing in this Act 
17 shall require the physical destruction of the circuit 
18 court file, but such records relating to arrests or 
19 charges, or both, ordered expunged shall be impounded 
20 as required by subsections (d)(9)(A)(ii) and 
21 (d)(9)(B)(ii).
22   (F) As used in this Section, "last sentence" means 
23 the sentence, order of supervision, or order of 
24 qualified probation (as defined by subsection 
25 (a)(1)(J)), for a criminal offense (as defined by 
26 subsection (a)(1)(D)) that terminates last in time in 
 
 
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1 any jurisdiction, regardless of whether the petitioner 
2 has included the criminal offense for which the 
3 sentence or order of supervision or qualified 
4 probation was imposed in his or her petition. If 
5 multiple sentences, orders of supervision, or orders 
6 of qualified probation terminate on the same day and 
7 are last in time, they shall be collectively 
8 considered the "last sentence" regardless of whether 
9 they were ordered to run concurrently.
10   (G) "Minor traffic offense" means a petty offense, 
11 business offense, or Class C misdemeanor under the 
12 Illinois Vehicle Code or a similar provision of a 
13 municipal or local ordinance.
14   (G-5) "Minor Cannabis Offense" means a violation 
15 of Section 4 or 5 of the Cannabis Control Act 
16 concerning not more than 30 grams of any substance 
17 containing cannabis, provided the violation did not 
18 include a penalty enhancement under Section 7 of the 
19 Cannabis Control Act and is not associated with an 
20 arrest, conviction or other disposition for a violent 
21 crime as defined in subsection (c) of Section 3 of the 
22 Rights of Crime Victims and Witnesses Act. 
23   (H) "Municipal ordinance violation" means an 
24 offense defined by a municipal or local ordinance that 
25 is criminal in nature and with which the petitioner 
26 was charged or for which the petitioner was arrested 
 
 
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1 and released without charging.
2   (I) "Petitioner" means an adult or a minor 
3 prosecuted as an adult who has applied for relief 
4 under this Section.
5   (J) "Qualified probation" means an order of 
6 probation under Section 10 of the Cannabis Control 
7 Act, Section 410 of the Illinois Controlled Substances 
8 Act, Section 70 of the Methamphetamine Control and 
9 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
10 of the Unified Code of Corrections, Section 
11 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
12 those provisions existed before their deletion by 
13 Public Act 89-313), Section 10-102 of the Illinois 
14 Alcoholism and Other Drug Dependency Act, Section 
15 40-10 of the Substance Use Disorder Act, or Section 10 
16 of the Steroid Control Act. For the purpose of this 
17 Section, "successful completion" of an order of 
18 qualified probation under Section 10-102 of the 
19 Illinois Alcoholism and Other Drug Dependency Act and 
20 Section 40-10 of the Substance Use Disorder Act means 
21 that the probation was terminated satisfactorily and 
22 the judgment of conviction was vacated.
23   (K) "Seal" means to physically and electronically 
24 maintain the records, unless the records would 
25 otherwise be destroyed due to age, but to make the 
26 records unavailable without a court order, subject to 
 
 
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1 the exceptions in Sections 12 and 13 of this Act. The 
2 petitioner's name shall also be obliterated from the 
3 official index required to be kept by the circuit 
4 court clerk under Section 16 of the Clerks of Courts 
5 Act, but any index issued by the circuit court clerk 
6 before the entry of the order to seal shall not be 
7 affected.
8   (L) "Sexual offense committed against a minor" 
9 includes, but is not limited to, the offenses of 
10 indecent solicitation of a child or criminal sexual 
11 abuse when the victim of such offense is under 18 years 
12 of age.
13   (M) "Terminate" as it relates to a sentence or 
14 order of supervision or qualified probation includes 
15 either satisfactory or unsatisfactory termination of 
16 the sentence, unless otherwise specified in this 
17 Section. A sentence is terminated notwithstanding any 
18 outstanding financial legal obligation. 
19  (2) Minor Traffic Offenses. Orders of supervision or 
20 convictions for minor traffic offenses shall not affect a 
21 petitioner's eligibility to expunge or seal records 
22 pursuant to this Section.
23  (2.5) Commencing 180 days after July 29, 2016 (the 
24 effective date of Public Act 99-697), the law enforcement 
25 agency issuing the citation shall automatically expunge, 
26 on or before January 1 and July 1 of each year, the law 
 
 
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1 enforcement records of a person found to have committed a 
2 civil law violation of subsection (a) of Section 4 of the 
3 Cannabis Control Act or subsection (c) of Section 3.5 of 
4 the Drug Paraphernalia Control Act in the law enforcement 
5 agency's possession or control and which contains the 
6 final satisfactory disposition which pertain to the person 
7 issued a citation for that offense. The law enforcement 
8 agency shall provide by rule the process for access, 
9 review, and to confirm the automatic expungement by the 
10 law enforcement agency issuing the citation. Commencing 
11 180 days after July 29, 2016 (the effective date of Public 
12 Act 99-697), the clerk of the circuit court shall expunge, 
13 upon order of the court, or in the absence of a court order 
14 on or before January 1 and July 1 of each year, the court 
15 records of a person found in the circuit court to have 
16 committed a civil law violation of subsection (a) of 
17 Section 4 of the Cannabis Control Act or subsection (c) of 
18 Section 3.5 of the Drug Paraphernalia Control Act in the 
19 clerk's possession or control and which contains the final 
20 satisfactory disposition which pertain to the person 
21 issued a citation for any of those offenses. 
22  (3) Exclusions. Except as otherwise provided in 
23 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
24 of this Section, the court shall not order:
25   (A) the sealing or expungement of the records of 
26 arrests or charges not initiated by arrest that result 
 
 
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1 in an order of supervision for or conviction of: (i) 
2 any sexual offense committed against a minor; (ii) 
3 Section 11-501 of the Illinois Vehicle Code or a 
4 similar provision of a local ordinance; or (iii) 
5 Section 11-503 of the Illinois Vehicle Code or a 
6 similar provision of a local ordinance, unless the 
7 arrest or charge is for a misdemeanor violation of 
8 subsection (a) of Section 11-503 or a similar 
9 provision of a local ordinance, that occurred prior to 
10 the offender reaching the age of 25 years and the 
11 offender has no other conviction for violating Section 
12 11-501 or 11-503 of the Illinois Vehicle Code or a 
13 similar provision of a local ordinance.
14   (B) the sealing or expungement of records of minor 
15 traffic offenses (as defined in subsection (a)(1)(G)), 
16 unless the petitioner was arrested and released 
17 without charging.
18   (C) the sealing of the records of arrests or 
19 charges not initiated by arrest which result in an 
20 order of supervision or a conviction for the following 
21 offenses:
22    (i) offenses included in Article 11 of the 
23 Criminal Code of 1961 or the Criminal Code of 2012 
24 or a similar provision of a local ordinance, 
25 except Section 11-14 and a misdemeanor violation 
26 of Section 11-30 of the Criminal Code of 1961 or 
 
 
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1 the Criminal Code of 2012, or a similar provision 
2 of a local ordinance;
3    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
4 26-5, or 48-1 of the Criminal Code of 1961 or the 
5 Criminal Code of 2012, or a similar provision of a 
6 local ordinance;
7    (iii) Section 12-3.1 or 12-3.2 of the Criminal 
8 Code of 1961 or the Criminal Code of 2012, or 
9 Section 125 of the Stalking No Contact Order Act, 
10 or Section 219 of the Civil No Contact Order Act, 
11 or a similar provision of a local ordinance;
12    (iv) Class A misdemeanors or felony offenses 
13 under the Humane Care for Animals Act; or
14    (v) any offense or attempted offense that 
15 would subject a person to registration under the 
16 Sex Offender Registration Act.
17   (D) (blank).
18 (b) Expungement.
19  (1) A petitioner may petition the circuit court to 
20 expunge the records of his or her arrests and charges not 
21 initiated by arrest when each arrest or charge not 
22 initiated by arrest sought to be expunged resulted in: (i) 
23 acquittal, dismissal, or the petitioner's release without 
24 charging, unless excluded by subsection (a)(3)(B); (ii) a 
25 conviction which was vacated or reversed, unless excluded 
26 by subsection (a)(3)(B); (iii) an order of supervision and 
 
 
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1 such supervision was successfully completed by the 
2 petitioner, unless excluded by subsection (a)(3)(A) or 
3 (a)(3)(B); or (iv) an order of qualified probation (as 
4 defined in subsection (a)(1)(J)) and such probation was 
5 successfully completed by the petitioner.
6  (1.5) When a petitioner seeks to have a record of 
7 arrest expunged under this Section, and the offender has 
8 been convicted of a criminal offense, the State's Attorney 
9 may object to the expungement on the grounds that the 
10 records contain specific relevant information aside from 
11 the mere fact of the arrest. 
12  (2) Time frame for filing a petition to expunge.
13   (A) When the arrest or charge not initiated by 
14 arrest sought to be expunged resulted in an acquittal, 
15 dismissal, the petitioner's release without charging, 
16 or the reversal or vacation of a conviction, there is 
17 no waiting period to petition for the expungement of 
18 such records.
19   (B) When the arrest or charge not initiated by 
20 arrest sought to be expunged resulted in an order of 
21 supervision, successfully completed by the petitioner, 
22 the following time frames will apply:
23    (i) Those arrests or charges that resulted in 
24 orders of supervision under Section 3-707, 3-708, 
25 3-710, or 5-401.3 of the Illinois Vehicle Code or 
26 a similar provision of a local ordinance, or under 
 
 
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1 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
2 Code of 1961 or the Criminal Code of 2012, or a 
3 similar provision of a local ordinance, shall not 
4 be eligible for expungement until 5 years have 
5 passed following the satisfactory termination of 
6 the supervision.
7    (i-5) Those arrests or charges that resulted 
8 in orders of supervision for a misdemeanor 
9 violation of subsection (a) of Section 11-503 of 
10 the Illinois Vehicle Code or a similar provision 
11 of a local ordinance, that occurred prior to the 
12 offender reaching the age of 25 years and the 
13 offender has no other conviction for violating 
14 Section 11-501 or 11-503 of the Illinois Vehicle 
15 Code or a similar provision of a local ordinance 
16 shall not be eligible for expungement until the 
17 petitioner has reached the age of 25 years. 
18    (ii) Those arrests or charges that resulted in 
19 orders of supervision for any other offenses shall 
20 not be eligible for expungement until 2 years have 
21 passed following the satisfactory termination of 
22 the supervision.
23    (iii) In anticipation of the successful 
24 completion of a diversion program, the petitioner 
25 may file a petition for expungement at least 61 
26 days before the anticipated dismissal of the case. 
 
 
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1 If a petition is filed under this item (iii), and 
2 upon the successful completion of the diversion 
3 program and dismissal of the case, the court shall 
4 review the petition and shall grant expungement if 
5 the petitioner meets all requirements under this 
6 Section. 
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 Illinois State 
14 Police for persons arrested prior to their 17th birthday 
15 shall be expunged as provided in Section 5-915 of the 
16 Juvenile Court 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 Illinois State Police, other criminal justice agencies, 
3 the prosecutor, and the trial court concerning such 
4 arrest, if any, by removing his or her name from all such 
5 records in connection with the arrest and conviction, if 
6 any, and by inserting in the records the name of the 
7 offender, if known or ascertainable, in lieu of the 
8 aggrieved's name. The records of the circuit court clerk 
9 shall be sealed until further order of the court upon good 
10 cause shown and the name of the aggrieved person 
11 obliterated on the official index required to be kept by 
12 the circuit court clerk under Section 16 of the Clerks of 
13 Courts Act, but the order shall not affect any index 
14 issued by the circuit court clerk before the entry of the 
15 order. Nothing in this Section shall limit the Illinois 
16 State Police or other criminal justice agencies or 
17 prosecutors from listing under an offender's name the 
18 false names he or she has 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 Illinois State Police concerning the offense shall 
5 not be sealed. The court, upon good cause shown, shall 
6 make the records of the circuit court clerk in connection 
7 with the proceedings of the trial court concerning the 
8 offense available for public inspection.
9  (6) If a conviction has been set aside on direct 
10 review or on collateral attack and the court determines by 
11 clear and convincing evidence that the petitioner was 
12 factually innocent of the charge, the court that finds the 
13 petitioner factually innocent of the charge shall enter an 
14 expungement order for the conviction for which the 
15 petitioner has been determined to be innocent as provided 
16 in subsection (b) of Section 5-5-4 of the Unified Code of 
17 Corrections.
18  (7) Nothing in this Section shall prevent the Illinois 
19 State Police from maintaining all records of any person 
20 who is admitted to probation upon terms and conditions and 
21 who fulfills those terms and conditions pursuant to 
22 Section 10 of the Cannabis Control Act, Section 410 of the 
23 Illinois Controlled Substances Act, Section 70 of the 
24 Methamphetamine Control and Community Protection Act, 
25 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
26 Corrections, Section 12-4.3 or subdivision (b)(1) of 
 
 
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1 Section 12-3.05 of the Criminal Code of 1961 or the 
2 Criminal Code of 2012, Section 10-102 of the Illinois 
3 Alcoholism and Other Drug Dependency Act, Section 40-10 of 
4 the Substance Use Disorder Act, or Section 10 of the 
5 Steroid Control Act.
6  (8) If the petitioner has been granted a certificate 
7 of innocence under Section 2-702 of the Code of Civil 
8 Procedure, the court that grants the certificate of 
9 innocence shall also enter an order expunging the 
10 conviction for which the petitioner has been determined to 
11 be innocent as provided in subsection (h) of Section 2-702 
12 of the Code of Civil Procedure.
13 (c) Sealing.
14  (1) Applicability. Notwithstanding any other provision 
15 of this Act to the contrary, and cumulative with any 
16 rights to expungement of criminal records, this subsection 
17 authorizes the sealing of criminal records of adults and 
18 of minors prosecuted as adults. Subsection (g) of this 
19 Section provides for immediate sealing of certain records. 
20  (2) Eligible Records. The following records may be 
21 sealed:
22   (A) All arrests resulting in release without 
23 charging;
24   (B) Arrests or charges not initiated by arrest 
25 resulting in acquittal, dismissal, or conviction when 
26 the conviction was reversed or vacated, except as 
 
 
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1 excluded by subsection (a)(3)(B);
2   (C) Arrests or charges not initiated by arrest 
3 resulting in orders of supervision, including orders 
4 of supervision for municipal ordinance violations, 
5 successfully completed by the petitioner, unless 
6 excluded by subsection (a)(3);
7   (D) Arrests or charges not initiated by arrest 
8 resulting in convictions, including convictions on 
9 municipal ordinance violations, unless excluded by 
10 subsection (a)(3);
11   (E) Arrests or charges not initiated by arrest 
12 resulting in orders of first offender probation under 
13 Section 10 of the Cannabis Control Act, Section 410 of 
14 the Illinois Controlled Substances Act, Section 70 of 
15 the Methamphetamine Control and Community Protection 
16 Act, or Section 5-6-3.3 of the Unified Code of 
17 Corrections; and
18   (F) Arrests or charges not initiated by arrest 
19 resulting in felony convictions unless otherwise 
20 excluded by subsection (a) paragraph (3) of this 
21 Section.
22  (3) When Records Are Eligible to Be Sealed. Records 
23 identified as eligible under subsection (c)(2) may be 
24 sealed as follows:
25   (A) Records identified as eligible under 
26 subsections (c)(2)(A) and (c)(2)(B) may be sealed at 
 
 
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1 any time.
2   (B) Except as otherwise provided in subparagraph 
3 (E) of this paragraph (3), records identified as 
4 eligible under subsection (c)(2)(C) may be sealed 2 
5 years after the termination of petitioner's last 
6 sentence (as defined in subsection (a)(1)(F)).
7   (C) Except as otherwise provided in subparagraph 
8 (E) of this paragraph (3), records identified as 
9 eligible under subsections (c)(2)(D), (c)(2)(E), and 
10 (c)(2)(F) may be sealed 3 years after the termination 
11 of the petitioner's last sentence (as defined in 
12 subsection (a)(1)(F)). Convictions requiring public 
13 registration under the Arsonist Registration Act, the 
14 Sex Offender Registration Act, or the Murderer and 
15 Violent Offender Against Youth Registration Act may 
16 not be sealed until the petitioner is no longer 
17 required to register under that relevant Act.
18   (D) Records identified in subsection 
19 (a)(3)(A)(iii) may be sealed after the petitioner has 
20 reached the age of 25 years. 
21   (E) Records identified as eligible under 
22 subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or 
23 (c)(2)(F) may be sealed upon termination of the 
24 petitioner's last sentence if the petitioner earned a 
25 high school diploma, associate's degree, career 
26 certificate, vocational technical certification, or 
 
 
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1 bachelor's degree, or passed the high school level 
2 Test of General Educational Development, during the 
3 period of his or her sentence or mandatory supervised 
4 release. This subparagraph shall apply only to a 
5 petitioner who has not completed the same educational 
6 goal prior to the period of his or her sentence or 
7 mandatory supervised release. If a petition for 
8 sealing eligible records filed under this subparagraph 
9 is denied by the court, the time periods under 
10 subparagraph (B) or (C) shall apply to any subsequent 
11 petition for sealing filed by the petitioner.
12  (4) Subsequent felony convictions. A person may not 
13 have subsequent felony conviction records sealed as 
14 provided in this subsection (c) if he or she is convicted 
15 of any felony offense after the date of the sealing of 
16 prior felony convictions as provided in this subsection 
17 (c). The court may, upon conviction for a subsequent 
18 felony offense, order the unsealing of prior felony 
19 conviction records previously ordered sealed by the court.
20  (5) Notice of eligibility for sealing. Upon entry of a 
21 disposition for an eligible record under this subsection 
22 (c), the petitioner shall be informed by the court of the 
23 right to have the records sealed and the procedures for 
24 the sealing of the records.
25 (d) Procedure. The following procedures apply to 
26expungement under subsections (b), (e), and (e-6) and sealing 
 
 
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1under subsections (c) and (e-5):
2  (1) Filing the petition. Upon becoming eligible to 
3 petition for the expungement or sealing of records under 
4 this Section, the petitioner shall file a petition 
5 requesting the expungement or sealing of records with the 
6 clerk of the court where the arrests occurred or the 
7 charges were brought, or both. If arrests occurred or 
8 charges were brought in multiple jurisdictions, a petition 
9 must be filed in each such jurisdiction. The petitioner 
10 shall pay the applicable fee, except no fee shall be 
11 required if the petitioner has obtained a court order 
12 waiving fees under Supreme Court Rule 298 or it is 
13 otherwise waived.
14  (1.5) County fee waiver pilot program. From August 9, 
15 2019 (the effective date of Public Act 101-306) through 
16 December 31, 2020, in a county of 3,000,000 or more 
17 inhabitants, no fee shall be required to be paid by a 
18 petitioner if the records sought to be expunged or sealed 
19 were arrests resulting in release without charging or 
20 arrests or charges not initiated by arrest resulting in 
21 acquittal, dismissal, or conviction when the conviction 
22 was reversed or vacated, unless excluded by subsection 
23 (a)(3)(B). The provisions of this paragraph (1.5), other 
24 than this sentence, are inoperative on and after January 
25 1, 2022. 
26  (2) Contents of petition. The petition shall be 
 
 
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1 verified and shall contain the petitioner's name, date of 
2 birth, current address and, for each arrest or charge not 
3 initiated by arrest sought to be sealed or expunged, the 
4 case number, the date of arrest (if any), the identity of 
5 the arresting authority, and such other information as the 
6 court may require. During the pendency of the proceeding, 
7 the petitioner shall promptly notify the circuit court 
8 clerk of any change of his or her address. If the 
9 petitioner has received a certificate of eligibility for 
10 sealing from the Prisoner Review Board under paragraph 
11 (10) of subsection (a) of Section 3-3-2 of the Unified 
12 Code of Corrections, the certificate shall be attached to 
13 the petition.
14  (3) Drug test. The petitioner must attach to the 
15 petition proof that the petitioner has taken within 30 
16 days before the filing of the petition a test showing the 
17 absence within his or her body of all illegal substances 
18 as defined by the Illinois Controlled Substances Act and 
19 the Methamphetamine Control and Community Protection Act 
20 if he or she 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 
6 the State's Attorney or prosecutor charged with the duty 
7 of prosecuting the offense, the Illinois State Police, the 
8 arresting agency and the chief legal officer of the unit 
9 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 
15 basis 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 Illinois State Police, the arresting agency, or the 
6 chief legal officer files an objection to the petition 
7 to expunge or seal within 60 days from the date of 
8 service of the petition, the court shall enter an 
9 order granting or denying the petition.
10   (C) Notwithstanding any other provision of law, 
11 the court shall not deny a petition for sealing under 
12 this Section because the petitioner has not satisfied 
13 an outstanding legal financial obligation established, 
14 imposed, or originated by a court, law enforcement 
15 agency, or a municipal, State, county, or other unit 
16 of local government, including, but not limited to, 
17 any cost, assessment, fine, or fee. An outstanding 
18 legal financial obligation does not include any court 
19 ordered restitution to a victim under Section 5-5-6 of 
20 the Unified Code of Corrections, unless the 
21 restitution has been converted to a civil judgment. 
22 Nothing in this subparagraph (C) waives, rescinds, or 
23 abrogates a legal financial obligation or otherwise 
24 eliminates or affects the right of the holder of any 
25 financial obligation to pursue collection under 
26 applicable federal, State, or local law. 
 
 
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1   (D) Notwithstanding any other provision of law, 
2 the court shall not deny a petition to expunge or seal 
3 under this Section because the petitioner has 
4 submitted a drug test taken within 30 days before the 
5 filing of the petition to expunge or seal that 
6 indicates a positive test for the presence of cannabis 
7 within the petitioner's body. In this subparagraph 
8 (D), "cannabis" has the meaning ascribed to it in 
9 Section 3 of the Cannabis Control Act. 
10  (7) Hearings. If an objection is filed, the court 
11 shall set a date for a hearing and notify the petitioner 
12 and all parties entitled to notice of the petition of the 
13 hearing date at least 30 days prior to the hearing. Prior 
14 to the hearing, the State's Attorney shall consult with 
15 the Illinois State Police as to the appropriateness of the 
16 relief sought in the petition to expunge or seal. At the 
17 hearing, the court shall hear evidence on whether the 
18 petition should or should not be granted, and shall grant 
19 or deny the petition to expunge or seal the records based 
20 on the evidence presented at the hearing. The court may 
21 consider the 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 
7 denied. 
8  (8) Service of order. After entering an order to 
9 expunge or seal records, the court must provide copies of 
10 the order to the Illinois State Police, in a form and 
11 manner prescribed by the Illinois State Police, to the 
12 petitioner, to the State's Attorney or prosecutor charged 
13 with the duty of prosecuting the offense, to the arresting 
14 agency, to the chief legal officer of the unit of local 
15 government effecting the arrest, and to such other 
16 criminal justice agencies as may be ordered by the court.
17  (9) Implementation of order.
18   (A) Upon entry of an order to expunge records 
19 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or 
20 both:
21    (i) the records shall be expunged (as defined 
22 in subsection (a)(1)(E)) by the arresting agency, 
23 the Illinois State Police, and any other agency as 
24 ordered by the court, within 60 days of the date of 
25 service of the order, unless a motion to vacate, 
26 modify, or reconsider the order is filed pursuant 
 
 
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1 to paragraph (12) of subsection (d) of this 
2 Section;
3    (ii) the records of the circuit court clerk 
4 shall be impounded until further order of the 
5 court upon good cause shown and the name of the 
6 petitioner obliterated on the official index 
7 required to be kept by the circuit court clerk 
8 under Section 16 of the Clerks of Courts Act, but 
9 the order shall not affect any index issued by the 
10 circuit court clerk before the entry of the order; 
11 and
12    (iii) in response to an inquiry for expunged 
13 records, the court, the Illinois State Police, or 
14 the agency receiving such inquiry, shall reply as 
15 it does in response to inquiries when no records 
16 ever existed.
17   (B) Upon entry of an order to expunge records 
18 pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or 
19 both:
20    (i) the records shall be expunged (as defined 
21 in subsection (a)(1)(E)) by the arresting agency 
22 and any other agency as ordered by the court, 
23 within 60 days of the date of service of the order, 
24 unless a motion to vacate, modify, or reconsider 
25 the order is filed pursuant to paragraph (12) of 
26 subsection (d) of this Section;
 
 
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1    (ii) the records of the circuit court clerk 
2 shall be impounded until further order of the 
3 court upon good cause shown and the name of the 
4 petitioner obliterated on the official index 
5 required to be kept by the circuit court clerk 
6 under Section 16 of the Clerks of Courts Act, but 
7 the order shall not affect any index issued by the 
8 circuit court clerk before the entry of the order;
9    (iii) the records shall be impounded by the 
10 Illinois State Police within 60 days of the date 
11 of service of the order as ordered by the court, 
12 unless a motion to vacate, modify, or reconsider 
13 the order is filed pursuant to paragraph (12) of 
14 subsection (d) of this Section;
15    (iv) records impounded by the Illinois State 
16 Police may be disseminated by the Illinois State 
17 Police only as required by law or to the arresting 
18 authority, the State's Attorney, and the court 
19 upon a later arrest for the same or a similar 
20 offense or for the purpose of sentencing for any 
21 subsequent felony, and to the Department of 
22 Corrections upon conviction for any offense; and
23    (v) in response to an inquiry for such records 
24 from anyone not authorized by law to access such 
25 records, the court, the Illinois State Police, or 
26 the agency receiving such inquiry shall reply as 
 
 
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1 it does in response to inquiries when no records 
2 ever existed.
3   (B-5) Upon entry of an order to expunge records 
4 under subsection (e-6):
5    (i) the records shall be expunged (as defined 
6 in subsection (a)(1)(E)) by the arresting agency 
7 and any other agency as ordered by the court, 
8 within 60 days of the date of service of the order, 
9 unless a motion to vacate, modify, or reconsider 
10 the order is filed under paragraph (12) of 
11 subsection (d) of this Section;
12    (ii) the records of the circuit court clerk 
13 shall be impounded until further order of the 
14 court upon good cause shown and the name of the 
15 petitioner obliterated on the official index 
16 required to be kept by the circuit court clerk 
17 under Section 16 of the Clerks of Courts Act, but 
18 the order shall not affect any index issued by the 
19 circuit court clerk before the entry of the order;
20    (iii) the records shall be impounded by the 
21 Illinois State Police within 60 days of the date 
22 of service of the order as ordered by the court, 
23 unless a motion to vacate, modify, or reconsider 
24 the order is filed under paragraph (12) of 
25 subsection (d) of this Section;
26    (iv) records impounded by the Illinois State 
 
 
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1 Police may be disseminated by the Illinois State 
2 Police only as required by law or to the arresting 
3 authority, the State's Attorney, and the court 
4 upon a later arrest for the same or a similar 
5 offense or for the purpose of sentencing for any 
6 subsequent felony, and to the Department of 
7 Corrections upon conviction for any offense; and
8    (v) in response to an inquiry for these 
9 records from anyone not authorized by law to 
10 access the records, the court, the Illinois State 
11 Police, or the agency receiving the inquiry shall 
12 reply as it does in response to inquiries when no 
13 records ever existed. 
14   (C) Upon entry of an order to seal records under 
15 subsection (c), the arresting agency, any other agency 
16 as ordered by the court, the Illinois State Police, 
17 and the court shall seal the records (as defined in 
18 subsection (a)(1)(K)). In response to an inquiry for 
19 such records, from anyone not authorized by law to 
20 access such records, the court, the Illinois State 
21 Police, or the agency receiving such inquiry shall 
22 reply as it does in response to inquiries when no 
23 records ever existed.
24   (D) The Illinois State Police shall send written 
25 notice to the petitioner of its compliance with each 
26 order to expunge or seal records within 60 days of the 
 
 
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1 date of service of that order or, if a motion to 
2 vacate, modify, or reconsider is filed, within 60 days 
3 of service of the order resolving the motion, if that 
4 order requires the Illinois State Police to expunge or 
5 seal records. In the event of an appeal from the 
6 circuit court order, the Illinois State Police shall 
7 send written notice to the petitioner of its 
8 compliance with an Appellate Court or Supreme Court 
9 judgment to expunge or seal records within 60 days of 
10 the issuance of the court's mandate. The notice is not 
11 required while any motion to vacate, modify, or 
12 reconsider, or any appeal or petition for 
13 discretionary appellate review, is pending. 
14   (E) Upon motion, the court may order that a sealed 
15 judgment or other court record necessary to 
16 demonstrate the amount of any legal financial 
17 obligation due and owing be made available for the 
18 limited purpose of collecting any legal financial 
19 obligations owed by the petitioner that were 
20 established, imposed, or originated in the criminal 
21 proceeding for which those records have been sealed. 
22 The records made available under this subparagraph (E) 
23 shall not be entered into the official index required 
24 to be kept by the circuit court clerk under Section 16 
25 of the Clerks of Courts Act and shall be immediately 
26 re-impounded upon the collection of the outstanding 
 
 
SB2626- 82 -LRB103 35010 AWJ 64933 b


1 financial obligations. 
2   (F) Notwithstanding any other provision of this 
3 Section, a circuit court clerk may access a sealed 
4 record for the limited purpose of collecting payment 
5 for any legal financial obligations that were 
6 established, imposed, or originated in the criminal 
7 proceedings for which those records have been sealed. 
8  (10) Fees. The Illinois State Police may charge the 
9 petitioner a fee equivalent to the cost of processing any 
10 order to expunge or seal records. Notwithstanding any 
11 provision of the Clerks of Courts Act to the contrary, the 
12 circuit court clerk may charge a fee equivalent to the 
13 cost associated with the sealing or expungement of records 
14 by the circuit court clerk. From the total filing fee 
15 collected for the petition to seal or expunge, the circuit 
16 court clerk shall deposit $10 into the Circuit Court Clerk 
17 Operation and Administrative Fund, to be used to offset 
18 the costs incurred by the circuit court clerk in 
19 performing the additional duties required to serve the 
20 petition to seal or expunge on all parties. The circuit 
21 court clerk shall collect and remit the Illinois State 
22 Police portion of the fee to the State Treasurer and it 
23 shall be deposited in the State Police Services Fund. If 
24 the record brought under an expungement petition was 
25 previously sealed under this Section, the fee for the 
26 expungement petition for that same record shall be waived. 
 
 
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1  (11) Final Order. No court order issued under the 
2 expungement or sealing provisions of this Section shall 
3 become final for purposes of appeal until 30 days after 
4 service of the order on the petitioner and all parties 
5 entitled to notice of the petition.
6  (12) Motion to Vacate, Modify, or Reconsider. Under 
7 Section 2-1203 of the Code of Civil Procedure, the 
8 petitioner or any party entitled to notice may file a 
9 motion to vacate, modify, or reconsider the order granting 
10 or denying the petition to expunge or seal within 60 days 
11 of service of the order. If filed more than 60 days after 
12 service of the order, a petition to vacate, modify, or 
13 reconsider shall comply with subsection (c) of Section 
14 2-1401 of the Code of Civil Procedure. Upon filing of a 
15 motion to vacate, modify, or reconsider, notice of the 
16 motion shall be served upon the petitioner and all parties 
17 entitled to notice of the petition. 
18  (13) Effect of Order. An order granting a petition 
19 under the expungement or sealing provisions of this 
20 Section shall not be considered void because it fails to 
21 comply with the provisions of this Section or because of 
22 any error asserted in a motion to vacate, modify, or 
23 reconsider. The circuit court retains jurisdiction to 
24 determine whether the order is voidable and to vacate, 
25 modify, or reconsider its terms based on a motion filed 
26 under paragraph (12) of this subsection (d).
 
 
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1  (14) Compliance with Order Granting Petition to Seal 
2 Records. Unless a court has entered a stay of an order 
3 granting a petition to seal, all parties entitled to 
4 notice of the petition must fully comply with the terms of 
5 the order within 60 days of service of the order even if a 
6 party is seeking relief from the order through a motion 
7 filed under paragraph (12) of this subsection (d) or is 
8 appealing the order.
9  (15) Compliance with Order Granting Petition to 
10 Expunge Records. While a party is seeking relief from the 
11 order granting the petition to expunge through a motion 
12 filed under paragraph (12) of this subsection (d) or is 
13 appealing the order, and unless a court has entered a stay 
14 of that order, the parties entitled to notice of the 
15 petition must seal, but need not expunge, the records 
16 until there is a final order on the motion for relief or, 
17 in the case of an appeal, the issuance of that court's 
18 mandate.
19  (16) The changes to this subsection (d) made by Public 
20 Act 98-163 apply to all petitions pending on August 5, 
21 2013 (the effective date of Public Act 98-163) and to all 
22 orders ruling on a petition to expunge or seal on or after 
23 August 5, 2013 (the effective date of Public Act 98-163). 
24 (e) Whenever a person who has been convicted of an offense 
25is granted a pardon by the Governor which specifically 
26authorizes expungement, he or she may, upon verified petition 
 
 
SB2626- 85 -LRB103 35010 AWJ 64933 b


1to the Chief Judge of the circuit where the person had been 
2convicted, any judge of the circuit designated by the Chief 
3Judge, or in counties of less than 3,000,000 inhabitants, the 
4presiding trial judge at the defendant's trial, have a court 
5order entered expunging the record of arrest from the official 
6records of the arresting authority and order that the records 
7of the circuit court clerk and the Illinois State Police be 
8sealed until further order of the court upon good cause shown 
9or as otherwise provided herein, and the name of the defendant 
10obliterated from the official index requested to be kept by 
11the circuit court clerk under Section 16 of the Clerks of 
12Courts Act in connection with the arrest and conviction for 
13the offense for which he or she had been pardoned but the order 
14shall not affect any index issued by the circuit court clerk 
15before the entry of the order. All records sealed by the 
16Illinois State Police may be disseminated by the Illinois 
17State Police only to the arresting authority, the State's 
18Attorney, and the court upon a later arrest for the same or 
19similar offense or for the purpose of sentencing for any 
20subsequent felony. Upon conviction for any subsequent offense, 
21the Department of Corrections shall have access to all sealed 
22records of the Illinois State Police pertaining to that 
23individual. Upon entry of the order of expungement, the 
24circuit court clerk shall promptly mail a copy of the order to 
25the person who was pardoned.
26 (e-5) Whenever a person who has been convicted of an 
 
 
SB2626- 86 -LRB103 35010 AWJ 64933 b


1offense is granted a certificate of eligibility for sealing by 
2the Prisoner Review Board which specifically authorizes 
3sealing, he or she may, upon verified petition to the Chief 
4Judge of the circuit where the person had been convicted, any 
5judge of the circuit designated by the Chief Judge, or in 
6counties of less than 3,000,000 inhabitants, the presiding 
7trial judge at the petitioner's trial, have a court order 
8entered sealing the record of arrest from the official records 
9of the arresting authority and order that the records of the 
10circuit court clerk and the Illinois State Police be sealed 
11until further order of the court upon good cause shown or as 
12otherwise provided herein, and the name of the petitioner 
13obliterated from the official index requested to be kept by 
14the circuit court clerk under Section 16 of the Clerks of 
15Courts Act in connection with the arrest and conviction for 
16the offense for which he or she had been granted the 
17certificate but the order shall not affect any index issued by 
18the circuit court clerk before the entry of the order. All 
19records sealed by the Illinois State Police may be 
20disseminated by the Illinois State Police only as required by 
21this Act or to the arresting authority, a law enforcement 
22agency, the State's Attorney, and the court upon a later 
23arrest for the same or similar offense or for the purpose of 
24sentencing for any subsequent felony. Upon conviction for any 
25subsequent offense, the Department of Corrections shall have 
26access to all sealed records of the Illinois State Police 
 
 
SB2626- 87 -LRB103 35010 AWJ 64933 b


1pertaining to that individual. Upon entry of the order of 
2sealing, the circuit court clerk shall promptly mail a copy of 
3the order to the person who was granted the certificate of 
4eligibility for sealing. 
5 (e-6) Whenever a person who has been convicted of an 
6offense is granted a certificate of eligibility for 
7expungement by the Prisoner Review Board which specifically 
8authorizes expungement, he or she may, upon verified petition 
9to the Chief Judge of the circuit where the person had been 
10convicted, any judge of the circuit designated by the Chief 
11Judge, or in counties of less than 3,000,000 inhabitants, the 
12presiding trial judge at the petitioner's trial, have a court 
13order entered expunging the record of arrest from the official 
14records of the arresting authority and order that the records 
15of the circuit court clerk and the Illinois State Police be 
16sealed until further order of the court upon good cause shown 
17or as otherwise provided herein, and the name of the 
18petitioner obliterated from the official index requested to be 
19kept by the circuit court clerk under Section 16 of the Clerks 
20of Courts Act in connection with the arrest and conviction for 
21the offense for which he or she had been granted the 
22certificate but the order shall not affect any index issued by 
23the circuit court clerk before the entry of the order. All 
24records sealed by the Illinois State Police may be 
25disseminated by the Illinois State Police only as required by 
26this Act or to the arresting authority, a law enforcement 
 
 
SB2626- 88 -LRB103 35010 AWJ 64933 b


1agency, the State's Attorney, and the court upon a later 
2arrest for the same or similar offense or for the purpose of 
3sentencing for any subsequent felony. Upon conviction for any 
4subsequent offense, the Department of Corrections shall have 
5access to all expunged records of the Illinois State Police 
6pertaining to that individual. Upon entry of the order of 
7expungement, the circuit court clerk shall promptly mail a 
8copy of the order to the person who was granted the certificate 
9of eligibility for expungement. 
10 (f) Subject to available funding, the Illinois Department 
11of Corrections shall conduct a study of the impact of sealing, 
12especially on employment and recidivism rates, utilizing a 
13random sample of those who apply for the sealing of their 
14criminal records under Public Act 93-211. At the request of 
15the Illinois Department of Corrections, records of the 
16Illinois Department of Employment Security shall be utilized 
17as appropriate to assist in the study. The study shall not 
18disclose any data in a manner that would allow the 
19identification of any particular individual or employing unit. 
20The study shall be made available to the General Assembly no 
21later than September 1, 2010.
22 (g) Immediate Sealing.
23  (1) Applicability. Notwithstanding any other provision 
24 of this Act to the contrary, and cumulative with any 
25 rights to expungement or sealing of criminal records, this 
26 subsection authorizes the immediate sealing of criminal 
 
 
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1 records of adults and of minors prosecuted as adults.
2  (2) Eligible Records. Arrests or charges not initiated 
3 by arrest resulting in acquittal or dismissal with 
4 prejudice, except as excluded by subsection (a)(3)(B), 
5 that occur on or after January 1, 2018 (the effective date 
6 of Public Act 100-282), may be sealed immediately if the 
7 petition is filed with the circuit court clerk on the same 
8 day and during the same hearing in which the case is 
9 disposed.
10  (3) When Records are Eligible to be Immediately 
11 Sealed. Eligible records under paragraph (2) of this 
12 subsection (g) may be sealed immediately after entry of 
13 the final disposition of a case, notwithstanding the 
14 disposition of other charges in the same case.
15  (4) Notice of Eligibility for Immediate Sealing. Upon 
16 entry of a disposition for an eligible record under this 
17 subsection (g), the defendant shall be informed by the 
18 court of his or her right to have eligible records 
19 immediately sealed and the procedure for the immediate 
20 sealing of these records.
21  (5) Procedure. The following procedures apply to 
22 immediate sealing under this subsection (g).
23   (A) Filing the Petition. Upon entry of the final 
24 disposition of the case, the defendant's attorney may 
25 immediately petition the court, on behalf of the 
26 defendant, for immediate sealing of eligible records 
 
 
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1 under paragraph (2) of this subsection (g) that are 
2 entered on or after January 1, 2018 (the effective 
3 date of Public Act 100-282). The immediate sealing 
4 petition may be filed with the circuit court clerk 
5 during the hearing in which the final disposition of 
6 the case is entered. If the defendant's attorney does 
7 not file the petition for immediate sealing during the 
8 hearing, the defendant may file a petition for sealing 
9 at any time as authorized under subsection (c)(3)(A).
10   (B) Contents of Petition. The immediate sealing 
11 petition shall be verified and shall contain the 
12 petitioner's name, date of birth, current address, and 
13 for each eligible record, the case number, the date of 
14 arrest if applicable, the identity of the arresting 
15 authority if applicable, and other information as the 
16 court may require.
17   (C) Drug Test. The petitioner shall not be 
18 required to attach proof that he or she has passed a 
19 drug test.
20   (D) Service of Petition. A copy of the petition 
21 shall be served on the State's Attorney in open court. 
22 The petitioner shall not be required to serve a copy of 
23 the petition on any other agency.
24   (E) Entry of Order. The presiding trial judge 
25 shall enter an order granting or denying the petition 
26 for immediate sealing during the hearing in which it 
 
 
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1 is filed. Petitions for immediate sealing shall be 
2 ruled on in the same hearing in which the final 
3 disposition of the case is entered.
4   (F) Hearings. The court shall hear the petition 
5 for immediate sealing on the same day and during the 
6 same hearing in which the disposition is rendered.
7   (G) Service of Order. An order to immediately seal 
8 eligible records shall be served in conformance with 
9 subsection (d)(8).
10   (H) Implementation of Order. An order to 
11 immediately seal records shall be implemented in 
12 conformance with subsections (d)(9)(C) and (d)(9)(D).
13   (I) Fees. The fee imposed by the circuit court 
14 clerk and the Illinois State Police shall comply with 
15 paragraph (1) of subsection (d) of this Section.
16   (J) Final Order. No court order issued under this 
17 subsection (g) shall become final for purposes of 
18 appeal until 30 days after service of the order on the 
19 petitioner and all parties entitled to service of the 
20 order in conformance with subsection (d)(8).
21   (K) Motion to Vacate, Modify, or Reconsider. Under 
22 Section 2-1203 of the Code of Civil Procedure, the 
23 petitioner, State's Attorney, or the Illinois State 
24 Police may file a motion to vacate, modify, or 
25 reconsider the order denying the petition to 
26 immediately seal within 60 days of service of the 
 
 
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1 order. If filed more than 60 days after service of the 
2 order, a petition to vacate, modify, or reconsider 
3 shall comply with subsection (c) of Section 2-1401 of 
4 the Code of Civil Procedure.
5   (L) Effect of Order. An order granting an 
6 immediate sealing petition shall not be considered 
7 void because it fails to comply with the provisions of 
8 this Section or because of an error asserted in a 
9 motion to vacate, modify, or reconsider. The circuit 
10 court retains jurisdiction to determine whether the 
11 order is voidable, and to vacate, modify, or 
12 reconsider its terms based on a motion filed under 
13 subparagraph (L) of this subsection (g).
14   (M) Compliance with Order Granting Petition to 
15 Seal Records. Unless a court has entered a stay of an 
16 order granting a petition to immediately seal, all 
17 parties entitled to service of the order must fully 
18 comply with the terms of the order within 60 days of 
19 service of the order. 
20 (h) Sealing or vacation and expungement of trafficking 
21victims' crimes.
22  (1) A trafficking victim, as defined by paragraph (10) 
23 of subsection (a) of Section 10-9 of the Criminal Code of 
24 2012, may petition for vacation and expungement or 
25 immediate sealing of his or her criminal record upon the 
26 completion of his or her last sentence if his or her 
 
 
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1 participation in the underlying offense was a result of 
2 human trafficking under Section 10-9 of the Criminal Code 
3 of 2012 or a severe form of trafficking under the federal 
4 Trafficking Victims Protection Act. 
5  (1.5) A petition under paragraph (1) shall be 
6 prepared, signed, and filed in accordance with Supreme 
7 Court Rule 9. The court may allow the petitioner to attend 
8 any required hearing remotely in accordance with local 
9 rules. The court may allow a petition to be filed under 
10 seal if the public filing of the petition would constitute 
11 a risk of harm to the petitioner.
12  (2) A petitioner under this subsection (h), in 
13 addition to the requirements provided under paragraph (4) 
14 of subsection (d) of this Section, shall include in his or 
15 her petition a clear and concise statement that: (A) he or 
16 she was a victim of human trafficking at the time of the 
17 offense; and (B) that his or her participation in the 
18 offense was a result of human trafficking under Section 
19 10-9 of the Criminal Code of 2012 or a severe form of 
20 trafficking under the federal Trafficking Victims 
21 Protection Act. 
22  (3) If an objection is filed alleging that the 
23 petitioner is not entitled to vacation and expungement or 
24 immediate sealing under this subsection (h), the court 
25 shall conduct a hearing under paragraph (7) of subsection 
26 (d) of this Section and the court shall determine whether 
 
 
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1 the petitioner is entitled to vacation and expungement or 
2 immediate sealing under this subsection (h). A petitioner 
3 is eligible for vacation and expungement or immediate 
4 relief under this subsection (h) if he or she shows, by a 
5 preponderance of the evidence, that: (A) he or she was a 
6 victim of human trafficking at the time of the offense; 
7 and (B) that his or her participation in the offense was a 
8 result of human trafficking under Section 10-9 of the 
9 Criminal Code of 2012 or a severe form of trafficking 
10 under the federal Trafficking Victims Protection Act.
11 (i) Minor Cannabis Offenses under the Cannabis Control 
12Act.
13  (1) Expungement of Arrest Records of Minor Cannabis 
14 Offenses.
15   (A) The Illinois State Police and all law 
16 enforcement agencies within the State shall 
17 automatically expunge all criminal history records of 
18 an arrest, charge not initiated by arrest, order of 
19 supervision, or order of qualified probation for a 
20 Minor Cannabis Offense committed prior to June 25, 
21 2019 (the effective date of Public Act 101-27) if:
22    (i) One year or more has elapsed since the 
23 date of the arrest or law enforcement interaction 
24 documented in the records; and
25    (ii) No criminal charges were filed relating 
26 to the arrest or law enforcement interaction or 
 
 
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1 criminal charges were filed and subsequently 
2 dismissed or vacated or the arrestee was 
3 acquitted.
4   (B) If the law enforcement agency is unable to 
5 verify satisfaction of condition (ii) in paragraph 
6 (A), records that satisfy condition (i) in paragraph 
7 (A) shall be automatically expunged.
8   (C) Records shall be expunged by the law 
9 enforcement agency under the following timelines:
10    (i) Records created prior to June 25, 2019 
11 (the effective date of Public Act 101-27), but on 
12 or after January 1, 2013, shall be automatically 
13 expunged prior to January 1, 2021;
14    (ii) Records created prior to January 1, 2013, 
15 but on or after January 1, 2000, shall be 
16 automatically expunged prior to January 1, 2023;
17    (iii) Records created prior to January 1, 2000 
18 shall be automatically expunged prior to January 
19 1, 2025.
20   In response to an inquiry for expunged records, 
21 the law enforcement agency receiving such inquiry 
22 shall reply as it does in response to inquiries when no 
23 records ever existed; however, it shall provide a 
24 certificate of disposition or confirmation that the 
25 record was expunged to the individual whose record was 
26 expunged if such a record exists. 
 
 
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1   (D) Nothing in this Section shall be construed to 
2 restrict or modify an individual's right to have that 
3 individual's records expunged except as otherwise may 
4 be provided in this Act, or diminish or abrogate any 
5 rights or remedies otherwise available to the 
6 individual.
7  (2) Pardons Authorizing Expungement of Minor Cannabis 
8 Offenses.
9   (A) Upon June 25, 2019 (the effective date of 
10 Public Act 101-27), the Department of State Police 
11 shall review all criminal history record information 
12 and identify all records that meet all of the 
13 following criteria:
14    (i) one or more convictions for a Minor 
15 Cannabis Offense;
16    (ii) the conviction identified in paragraph 
17 (2)(A)(i) did not include a penalty enhancement 
18 under Section 7 of the Cannabis Control Act; and
19    (iii) the conviction identified in paragraph 
20 (2)(A)(i) is not associated with a conviction for 
21 a violent crime as defined in subsection (c) of 
22 Section 3 of the Rights of Crime Victims and 
23 Witnesses Act.
24   (B) Within 180 days after June 25, 2019 (the 
25 effective date of Public Act 101-27), the Department 
26 of State Police shall notify the Prisoner Review Board 
 
 
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1 of all such records that meet the criteria established 
2 in paragraph (2)(A).
3    (i) The Prisoner Review Board shall notify the 
4 State's Attorney of the county of conviction of 
5 each record identified by State Police in 
6 paragraph (2)(A) that is classified as a Class 4 
7 felony. The State's Attorney may provide a written 
8 objection to the Prisoner Review Board on the sole 
9 basis that the record identified does not meet the 
10 criteria established in paragraph (2)(A). Such an 
11 objection must be filed within 60 days or by such 
12 later date set by the Prisoner Review Board in the 
13 notice after the State's Attorney received notice 
14 from the Prisoner Review Board.
15    (ii) In response to a written objection from a 
16 State's Attorney, the Prisoner Review Board is 
17 authorized to conduct a non-public hearing to 
18 evaluate the information provided in the 
19 objection.
20    (iii) The Prisoner Review Board shall make a 
21 confidential and privileged recommendation to the 
22 Governor as to whether to grant a pardon 
23 authorizing expungement for each of the records 
24 identified by the Department of State Police as 
25 described in paragraph (2)(A).
26   (C) If an individual has been granted a pardon 
 
 
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1 authorizing expungement as described in this Section, 
2 the Prisoner Review Board, through the Attorney 
3 General, shall file a petition for expungement with 
4 the Chief Judge of the circuit or any judge of the 
5 circuit designated by the Chief Judge where the 
6 individual had been convicted. Such petition may 
7 include more than one individual. Whenever an 
8 individual who has been convicted of an offense is 
9 granted a pardon by the Governor that specifically 
10 authorizes expungement, an objection to the petition 
11 may not be filed. Petitions to expunge under this 
12 subsection (i) may include more than one individual. 
13 Within 90 days of the filing of such a petition, the 
14 court shall enter an order expunging the records of 
15 arrest from the official records of the arresting 
16 authority and order that the records of the circuit 
17 court clerk and the Illinois State Police be expunged 
18 and the name of the defendant obliterated from the 
19 official index requested to be kept by the circuit 
20 court clerk under Section 16 of the Clerks of Courts 
21 Act in connection with the arrest and conviction for 
22 the offense for which the individual had received a 
23 pardon but the order shall not affect any index issued 
24 by the circuit court clerk before the entry of the 
25 order. Upon entry of the order of expungement, the 
26 circuit court clerk shall promptly provide a copy of 
 
 
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1 the order and a certificate of disposition to the 
2 individual who was pardoned to the individual's last 
3 known address or by electronic means (if available) or 
4 otherwise make it available to the individual upon 
5 request.
6   (D) Nothing in this Section is intended to 
7 diminish or abrogate any rights or remedies otherwise 
8 available to the individual.
9  (3) Any individual may file a motion to vacate and 
10 expunge a conviction for a misdemeanor or Class 4 felony 
11 violation of Section 4 or Section 5 of the Cannabis 
12 Control Act. Motions to vacate and expunge under this 
13 subsection (i) may be filed with the circuit court, Chief 
14 Judge of a judicial circuit or any judge of the circuit 
15 designated by the Chief Judge. The circuit court clerk 
16 shall promptly serve a copy of the motion to vacate and 
17 expunge, and any supporting documentation, on the State's 
18 Attorney or prosecutor charged with the duty of 
19 prosecuting the offense. When considering such a motion to 
20 vacate and expunge, a court shall consider the following: 
21 the reasons to retain the records provided by law 
22 enforcement, the petitioner's age, the petitioner's age at 
23 the time of offense, the time since the conviction, and 
24 the specific adverse consequences if denied. An individual 
25 may file such a petition after the completion of any 
26 non-financial sentence or non-financial condition imposed 
 
 
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1 by the conviction. Within 60 days of the filing of such 
2 motion, a State's Attorney may file an objection to such a 
3 petition along with supporting evidence. If a motion to 
4 vacate and expunge is granted, the records shall be 
5 expunged in accordance with subparagraphs (d)(8) and 
6 (d)(9)(A) of this Section. An agency providing civil legal 
7 aid, as defined by Section 15 of the Public Interest 
8 Attorney Assistance Act, assisting individuals seeking to 
9 file a motion to vacate and expunge under this subsection 
10 may file motions to vacate and expunge with the Chief 
11 Judge of a judicial circuit or any judge of the circuit 
12 designated by the Chief Judge, and the motion may include 
13 more than one individual. Motions filed by an agency 
14 providing civil legal aid concerning more than one 
15 individual may be prepared, presented, and signed 
16 electronically.
17  (4) Any State's Attorney may file a motion to vacate 
18 and expunge a conviction for a misdemeanor or Class 4 
19 felony violation of Section 4 or Section 5 of the Cannabis 
20 Control Act. Motions to vacate and expunge under this 
21 subsection (i) may be filed with the circuit court, Chief 
22 Judge of a judicial circuit or any judge of the circuit 
23 designated by the Chief Judge, and may include more than 
24 one individual. Motions filed by a State's Attorney 
25 concerning more than one individual may be prepared, 
26 presented, and signed electronically. When considering 
 
 
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1 such a motion to vacate and expunge, a court shall 
2 consider the following: the reasons to retain the records 
3 provided by law enforcement, the individual's age, the 
4 individual's age at the time of offense, the time since 
5 the conviction, and the specific adverse consequences if 
6 denied. Upon entry of an order granting a motion to vacate 
7 and expunge records pursuant to this Section, the State's 
8 Attorney shall notify the Prisoner Review Board within 30 
9 days. Upon entry of the order of expungement, the circuit 
10 court clerk shall promptly provide a copy of the order and 
11 a certificate of disposition to the individual whose 
12 records will be expunged to the individual's last known 
13 address or by electronic means (if available) or otherwise 
14 make available to the individual upon request. If a motion 
15 to vacate and expunge is granted, the records shall be 
16 expunged in accordance with subparagraphs (d)(8) and 
17 (d)(9)(A) of this Section.
18  (5) In the public interest, the State's Attorney of a 
19 county has standing to file motions to vacate and expunge 
20 pursuant to this Section in the circuit court with 
21 jurisdiction over the underlying conviction.
22  (6) If a person is arrested for a Minor Cannabis 
23 Offense as defined in this Section before June 25, 2019 
24 (the effective date of Public Act 101-27) and the person's 
25 case is still pending but a sentence has not been imposed, 
26 the person may petition the court in which the charges are 
 
 
SB2626- 102 -LRB103 35010 AWJ 64933 b


1 pending for an order to summarily dismiss those charges 
2 against him or her, and expunge all official records of 
3 his or her arrest, plea, trial, conviction, incarceration, 
4 supervision, or expungement. If the court determines, upon 
5 review, that: (A) the person was arrested before June 25, 
6 2019 (the effective date of Public Act 101-27) for an 
7 offense that has been made eligible for expungement; (B) 
8 the case is pending at the time; and (C) the person has not 
9 been sentenced of the minor cannabis violation eligible 
10 for expungement under this subsection, the court shall 
11 consider the following: the reasons to retain the records 
12 provided by law enforcement, the petitioner's age, the 
13 petitioner's age at the time of offense, the time since 
14 the conviction, and the specific adverse consequences if 
15 denied. If a motion to dismiss and expunge is granted, the 
16 records shall be expunged in accordance with subparagraph 
17 (d)(9)(A) of this Section.
18  (7) A person imprisoned solely as a result of one or 
19 more convictions for Minor Cannabis Offenses under this 
20 subsection (i) shall be released from incarceration upon 
21 the issuance of an order under this subsection.
22  (8) The Illinois State Police shall allow a person to 
23 use the access and review process, established in the 
24 Illinois State Police, for verifying that his or her 
25 records relating to Minor Cannabis Offenses of the 
26 Cannabis Control Act eligible under this Section have been 
 
 
SB2626- 103 -LRB103 35010 AWJ 64933 b


1 expunged.
2  (9) No conviction vacated pursuant to this Section 
3 shall serve as the basis for damages for time unjustly 
4 served as provided in the Court of Claims Act. 
5  (10) Effect of Expungement. A person's right to 
6 expunge an expungeable offense shall not be limited under 
7 this Section. The effect of an order of expungement shall 
8 be to restore the person to the status he or she occupied 
9 before the arrest, charge, or conviction.
10  (11) Information. The Illinois State Police shall post 
11 general information on its website about the expungement 
12 process described in this subsection (i). 
13 (j) Felony Prostitution Convictions.
14  (1) Any individual may file a motion to vacate and 
15 expunge a conviction for a prior Class 4 felony violation 
16 of prostitution. Motions to vacate and expunge under this 
17 subsection (j) may be filed with the circuit court, Chief 
18 Judge of a judicial circuit, or any judge of the circuit 
19 designated by the Chief Judge. When considering the motion 
20 to vacate and expunge, a court shall consider the 
21 following:
22   (A) the reasons to retain the records provided by 
23 law enforcement;
24   (B) the petitioner's age;
25   (C) the petitioner's age at the time of offense; 
26 and
 
 
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1   (D) the time since the conviction, and the 
2 specific adverse consequences if denied. An individual 
3 may file the petition after the completion of any 
4 sentence or condition imposed by the conviction. 
5 Within 60 days of the filing of the motion, a State's 
6 Attorney may file an objection to the petition along 
7 with supporting evidence. If a motion to vacate and 
8 expunge is granted, the records shall be expunged in 
9 accordance with subparagraph (d)(9)(A) of this 
10 Section. An agency providing civil legal aid, as 
11 defined in Section 15 of the Public Interest Attorney 
12 Assistance Act, assisting individuals seeking to file 
13 a motion to vacate and expunge under this subsection 
14 may file motions to vacate and expunge with the Chief 
15 Judge of a judicial circuit or any judge of the circuit 
16 designated by the Chief Judge, and the motion may 
17 include more than one individual.
18  (2) Any State's Attorney may file a motion to vacate 
19 and expunge a conviction for a Class 4 felony violation of 
20 prostitution. Motions to vacate and expunge under this 
21 subsection (j) may be filed with the circuit court, Chief 
22 Judge of a judicial circuit, or any judge of the circuit 
23 court designated by the Chief Judge, and may include more 
24 than one individual. When considering the motion to vacate 
25 and expunge, a court shall consider the following reasons:
26   (A) the reasons to retain the records provided by 
 
 
SB2626- 105 -LRB103 35010 AWJ 64933 b


1 law enforcement;
2   (B) the petitioner's age;
3   (C) the petitioner's age at the time of offense;
4   (D) the time since the conviction; and
5   (E) the specific adverse consequences if denied.
6  If the State's Attorney files a motion to vacate and 
7 expunge records for felony prostitution convictions 
8 pursuant to this Section, the State's Attorney shall 
9 notify the Prisoner Review Board within 30 days of the 
10 filing. If a motion to vacate and expunge is granted, the 
11 records shall be expunged in accordance with subparagraph 
12 (d)(9)(A) of this Section.
13  (3) In the public interest, the State's Attorney of a 
14 county has standing to file motions to vacate and expunge 
15 pursuant to this Section in the circuit court with 
16 jurisdiction over the underlying conviction.
17  (4) The Illinois State Police shall allow a person to 
18 a use the access and review process, established in the 
19 Illinois State Police, for verifying that his or her 
20 records relating to felony prostitution eligible under 
21 this Section have been expunged.
22  (5) No conviction vacated pursuant to this Section 
23 shall serve as the basis for damages for time unjustly 
24 served as provided in the Court of Claims Act.
25  (6) Effect of Expungement. A person's right to expunge 
26 an expungeable offense shall not be limited under this 
 
 
SB2626- 106 -LRB103 35010 AWJ 64933 b


1 Section. The effect of an order of expungement shall be to 
2 restore the person to the status he or she occupied before 
3 the arrest, charge, or conviction.
4  (7) Information. The Illinois State Police shall post 
5 general information on its website about the expungement 
6 process described in this subsection (j).
7(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; 
8102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. 
91-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)

10 Section 10. The Drug Court Treatment Act is amended by 
11changing Section 35 as follows:

12 (730 ILCS 166/35)
13 Sec. 35. Violation; termination; dismissal from program. 
14 (a) If the court finds from the evidence presented, 
15including, but not limited to, the reports or proffers of 
16proof from the drug court professionals, that: (1) the 
17participant is not complying with the requirements of the 
18treatment program; or (2) the participant has otherwise 
19violated the terms and conditions of the program, the court 
20may impose reasonable sanctions under the prior written 
21agreement of the participant, including, but not limited to, 
22imprisonment or dismissal of the participant from the program, 
23and the court may reinstate criminal proceedings against the 
24participant or proceed under Section 5-6-4 of the Unified Code 
 
 
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1of Corrections for a violation of probation, conditional 
2discharge, or supervision hearing.
3 (a-5) Based on the evidence presented, the court shall 
4determine whether the participant has violated the conditions 
5of the program and whether the participant should be dismissed 
6from the program or whether, pursuant to the court's policies 
7and procedures, some other alternative may be appropriate in 
8the interests of the participant and the public.
9 (a-10) A participant who is assigned to a substance use 
10disorder treatment program under this Act for an opioid use 
11disorder is not in violation of the terms or conditions of the 
12program on the basis of participation in medication-assisted 
13treatment under the care of a physician licensed in this State 
14to practice medicine in all of its branches. 
15 (a-15) A participant may voluntarily withdraw from the 
16drug court program in accordance with the drug court program's 
17policies and procedures. Prior to allowing the participant to 
18withdraw, the judge shall:
19  (1) ensure that the participant has the right to 
20 consult with counsel prior to withdrawal;
21  (2) determine in open court that the withdrawal is 
22 made voluntarily and knowingly; and
23  (3) admonish the participant in open court as to the 
24 consequences, actual or potential, which can result from 
25 withdrawal.
26 Upon withdrawal, the criminal proceedings may be 
 
 
SB2626- 108 -LRB103 35010 AWJ 64933 b


1reinstated against the participant or proceedings may be 
2initiated under Section 5-6-4 of the Unified Code of 
3Corrections for a violation of probation, conditional 
4discharge, or supervision hearing.
5 (a-20) No participant may be dismissed from the program 
6unless, prior to dismissal, the participant is informed in 
7writing:
8  (1) of the reason or reasons for the dismissal;
9  (2) the evidentiary basis supporting the reason or 
10 reasons for the dismissal; and
11  (3) that the participant has a right to a hearing at 
12 which the participant may present evidence supporting the 
13 participant's continuation in the program. 
14 (a-25) A participant who has not violated the conditions 
15of the program in such a way as to warrant unsuccessful 
16dismissal, but who is unable to complete program requirements 
17to qualify for a successful discharge, may be terminated from 
18the program as a neutral discharge. 
19 (b) Upon successful completion of the terms and conditions 
20of the program, the court may dismiss the original charges 
21against the participant or successfully terminate the 
22participant's sentence or otherwise discharge the participant 
23from any further proceedings against the participant in the 
24original prosecution.
25 (c) Upon successful completion of the terms and conditions 
26of the program, any State's Attorney in the county of 
 
 
SB2626- 109 -LRB103 35010 AWJ 64933 b


1conviction, participant, or defense attorney may move to 
2vacate any convictions that are eligible for sealing under the 
3Criminal Identification Act. A participant may, at least 61 
4days before the anticipated dismissal of a case, immediately 
5file a petition to expunge vacated convictions and the 
6associated underlying records under item (iii) of subparagraph 
7(B) of paragraph (2) of subsection (b) of Section 5.2 of per 
8the Criminal Identification Act. If the State's Attorney moves 
9to vacate a conviction, the State's Attorney may not object to 
10expungement of that conviction or the underlying record.
11 (d) The drug court program may maintain or collaborate 
12with a network of legal aid organizations that specialize in 
13conviction relief to support participants navigating the 
14expungement and sealing process. 
15(Source: P.A. 102-1041, eff. 6-2-22.)

16 Section 15. The Veterans and Servicemembers Court 
17Treatment Act is amended by changing Section 35 as follows:

18 (730 ILCS 167/35)
19 Sec. 35. Violation; termination; dismissal from the 
20program. 
21 (a) If the court finds from the evidence presented, 
22including, but not limited to, the reports or proffers of 
23proof from the veterans and servicemembers court 
24professionals, that: (1) the participant is not complying with 
 
 
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1the requirements of the treatment program; or (2) the 
2participant has otherwise violated the terms and conditions of 
3the program, the court may impose reasonable sanctions under 
4the prior written agreement of the participant, including, but 
5not limited to, imprisonment or dismissal of the participant 
6from the program and the court may reinstate criminal 
7proceedings against the participant or proceed under Section 
85-6-4 of the Unified Code of Corrections for a violation of 
9probation, conditional discharge, or supervision hearing. 
10 (a-5) Based on the evidence presented, the court shall 
11determine whether the participant has violated the conditions 
12of the program and whether the participant should be dismissed 
13from the program or whether, pursuant to the court's policies 
14and procedures, some other alternative may be appropriate in 
15the interests of the participant and the public.
16 (a-10) A participant who is assigned to a substance use 
17disorder treatment program under this Act for an opioid use 
18disorder is not in violation of the terms or conditions of the 
19program on the basis of participation in medication-assisted 
20treatment under the care of a physician licensed in this State 
21to practice medicine in all of its branches.
22 (a-15) A participant may voluntarily withdraw from the 
23veterans and servicemembers court program in accordance with 
24the program's policies and procedures. Prior to allowing the 
25participant to withdraw, the judge shall:
26   (1) ensure that the participant has the right to 
 
 
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1 consult with counsel prior to withdrawal;
2   (2) determine in open court that the withdrawal is 
3 made voluntarily and knowingly; and
4   (3) admonish the participant in open court as to 
5 the consequences, actual or potential, which can 
6 result from withdrawal. 
7 Upon withdrawal, the criminal proceedings may be 
8reinstated against the participant or proceedings may be 
9initiated under Section 5-6-4 of the Unified Code of 
10Corrections for a violation of probation, conditional 
11discharge, or supervision hearing.
12 (a-20) A participant who has not violated the conditions 
13of the program in such a way as to warrant unsuccessful 
14dismissal, but who is unable to complete program requirements 
15to qualify for a successful discharge, may be terminated from 
16the program as a neutral discharge. 
17 (b) Upon successful completion of the terms and conditions 
18of the program, the court may dismiss the original charges 
19against the participant or successfully terminate the 
20participant's sentence or otherwise discharge the participant 
21from any further proceedings against the participant in the 
22original prosecution. 
23 (c) Upon successful completion of the terms and conditions 
24of the program, any State's Attorney in the county of 
25conviction, a participant, or defense attorney may move to 
26vacate any convictions that are eligible for sealing under the 
 
 
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1Criminal Identification Act. A participant may, at least 61 
2days before before the anticipated dismissal of a case, 
3immediately file a petition to expunge vacated convictions and 
4the associated underlying records under item (iii) of 
5subparagraph (B) of paragraph (2) of subsection (b) of Section 
65.2 of per the Criminal Identification Act. If the State's 
7Attorney moves to vacate a conviction, the State's Attorney 
8may not object to expungement of that conviction or the 
9underlying record.
10 (d) Veterans and servicemembers court programs may 
11maintain or collaborate with a network of legal aid 
12organizations that specialize in conviction relief to support 
13participants navigating the expungement and sealing process. 
14(Source: P.A. 102-1041, eff. 6-2-22.)

15 Section 20. The Mental Health Court Treatment Act is 
16amended by changing Section 35 as follows:

17 (730 ILCS 168/35)
18 Sec. 35. Violation; termination; dismissal from program. 
19 (a) If the court finds from the evidence presented, 
20including, but not limited to, the reports or proffers of 
21proof from the mental health court professionals, that: (1) 
22the participant is not complying with the requirements of the 
23treatment program; or (2) the participant has otherwise 
24violated the terms and conditions of the program, the court 
 
 
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1may impose reasonable sanctions under the prior written 
2agreement of the participant, including, but not limited to, 
3imprisonment or dismissal of the defendant from the program 
4and the court may reinstate criminal proceedings against the 
5participant or proceed under Section 5-6-4 of the Unified Code 
6of Corrections for a violation of probation, conditional 
7discharge, or supervision hearing.
8 (a-5) Based on the evidence presented, the court shall 
9determine whether the participant has violated the conditions 
10of the program and whether the participant should be dismissed 
11from the program or whether, pursuant to the court's policies 
12and procedures, some other alternative may be appropriate in 
13the interests of the participant and the public.
14 (a-10) A participant may voluntarily withdraw from the 
15mental health court program in accordance with the mental 
16health court program's policies and procedures. Prior to 
17allowing the participant to withdraw, the judge shall:
18  (1) ensure that the participant has the right to 
19 consult with counsel prior to withdrawal;
20  (2) determine in open court that the withdrawal is 
21 made voluntarily and knowingly; and
22  (3) admonish the participant in open court, as to the 
23 consequences, actual or potential, which can result from 
24 withdrawal.
25 Upon withdrawal, the criminal proceedings may be 
26reinstated against the participant or proceedings may be 
 
 
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1initiated under Section 5-6-4 of the Unified Code of 
2Corrections for a violation of probation, conditional 
3discharge, or supervision hearing.
4 (a-15) No participant may be dismissed from the program 
5unless, prior to such dismissal, the participant is informed 
6in writing: (i) of the reason or reasons for the dismissal; 
7(ii) the evidentiary basis supporting the reason or reasons 
8for the dismissal; (iii) that the participant has a right to a 
9hearing at which he or she may present evidence supporting his 
10or her continuation in the program.
11 (a-20) A participant who has not violated the conditions 
12of the program in such a way as to warrant unsuccessful 
13dismissal, but who is unable to complete program requirements 
14to qualify for a successful discharge, may be terminated from 
15the program as a neutral discharge. 
16 (b) Upon successful completion of the terms and conditions 
17of the program, the court may dismiss the original charges 
18against the participant or successfully terminate the 
19participant's sentence or otherwise discharge the participant 
20from the program or from any further proceedings against the 
21participant in the original prosecution. 
22 (c) Upon successful completion of the terms and conditions 
23of the program, any State's Attorney in the county of 
24conviction, a participant, or defense attorney may move to 
25vacate any convictions that are eligible for sealing under the 
26Criminal Identification Act. A participant may, at least 61 
 
 
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1days before the anticipated dismissal of a case, immediately 
2file a petition to expunge vacated convictions and the 
3associated underlying records under item (iii) of subparagraph 
4(B) of paragraph (2) of subsection (b) of Section 5.2 of per 
5the Criminal Identification Act. If the State's Attorney moves 
6to vacate a conviction, the State's Attorney may not object to 
7expungement of that conviction or the underlying record.
8 (d) The mental health court program may maintain or 
9collaborate with a network of legal aid organizations that 
10specialize in conviction relief to support participants 
11navigating the expungement and sealing process. 
12(Source: P.A. 102-1041, eff. 6-2-22.)