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1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 3. The Department of State Police Law of the Civil
5		Administrative Code of Illinois is amended by adding Section
6		2605-345 as follows:
7		(20 ILCS 2605/2605-345 new)
8		Sec. 2605-345. Conviction information for financial
9		institutions. Upon the request of (i) an insured depository
10		institution, as defined by the Federal Deposit Insurance
11		Corporation Act, (ii) a depository institution holding
12		company, as defined by the Federal Deposit Insurance
13		Corporation Act, (iii) a foreign banking corporation, as
14		defined by the Foreign Banking Office Act, (iv) a corporate
15		fiduciary, as defined by the Corporate Fiduciary Act, (v) a
16		credit union, as defined in the Illinois Credit Union Act, or
17		(vi) a subsidiary of any entity listed in items (i) through (v)
18		of this Section (each such entity or subsidiary hereinafter
19		referred to as a "requesting institution"), to ascertain
20		whether any employee of the requesting institution, applicant
21		for employment by the requesting institution, or officer,
22		director, agent, institution-affiliated party, or any other
23		party who owns or controls, directly or indirectly, or

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1		participates, directly or indirectly, in the affairs of the
2		requesting institution, has been convicted of a felony or of
3		any criminal offense relating to dishonesty, breach of trust,
4		or money laundering, the Department shall furnish the
5		conviction information to the requesting institution.
6		Section 5. The Criminal Identification Act is amended by
7		changing Sections 3, 5.2, and 13 as follows:
8		(20 ILCS 2630/3) (from Ch. 38, par. 206-3)
9		Sec. 3. Information to be furnished peace officers and
10		commanding officers of certain military installations in
11		Illinois.
12		(A) The Department shall file or cause to be filed all
13		plates, photographs, outline pictures, measurements,
14		descriptions and information which shall be received by it by
15		virtue of its office and shall make a complete and systematic
16		record and index of the same, providing thereby a method of
17		convenient reference and comparison. The Department shall
18		furnish, upon application, all information pertaining to the
19		identification of any person or persons, a plate, photograph,
20		outline picture, description, measurements, or any data of
21		which there is a record in its office. Such information shall
22		be furnished to peace officers of the United States, of other
23		states or territories, of the Insular possessions of the United
24		States, of foreign countries duly authorized to receive the

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1		same, to all peace officers of the State of Illinois, to
2		investigators of the Illinois Law Enforcement Training
3		Standards Board and, conviction information only, to units of
4		local government, school districts, and private organizations,
5		and requesting institutions as defined in Section 2605-345 of
6		the Department of State Police Law under the provisions of
7		Section 2605-10, 2605-15, 2605-75, 2605-100, 2605-105,
8		2605-110, 2605-115, 2605-120, 2605-130, 2605-140, 2605-190,
9		2605-200, 2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
10		2605-300, 2605-305, 2605-315, 2605-325, 2605-335, 2605-340,
11		2605-345, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375,
12		2605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435,
13		2605-500, 2605-525, or 2605-550 of the Department of State
14		Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75,
15		2605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115,
16		2605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190,
17		2605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215,
18		2605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305,
19		2605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340,
20		2605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365,
21		2605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405,
22		2605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500,
23		2605/2605-525, or 2605/2605-550). Applications shall be in
24		writing and accompanied by a certificate, signed by the peace
25		officer or chief administrative officer or his designee making
26		such application, to the effect that the information applied

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1		for is necessary in the interest of and will be used solely in
2		the due administration of the criminal laws or for the purpose
3		of evaluating the qualifications and character of employees,
4		prospective employees, volunteers, or prospective volunteers
5		of units of local government, school districts, and private
6		organizations, or for the purpose of evaluating the character
7		of persons who may be granted or denied access to municipal
8		utility facilities under Section 11-117.1-1 of the Illinois
9		Municipal Code.
10		For the purposes of this subsection, "chief administrative
11		officer" is defined as follows:
12		a) The city manager of a city or, if a city does not
13		employ a city manager, the mayor of the city.
14		b) The manager of a village or, if a village does not
15		employ a manager, the president of the village.
16		c) The chairman or president of a county board or, if a
17		county has adopted the county executive form of government,
18		the chief executive officer of the county.
19		d) The president of the school board of a school
20		district.
21		e) The supervisor of a township.
22		f) The official granted general administrative control
23		of a special district, an authority, or organization of
24		government establishment by law which may issue
25		obligations and which either may levy a property tax or may
26		expend funds of the district, authority, or organization

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1		independently of any parent unit of government.
2		g) The executive officer granted general
3		administrative control of a private organization defined
4		in Section 2605-335 of the Department of State Police Law
5		(20 ILCS 2605/2605-335).
6		(B) Upon written application and payment of fees authorized
7		by this subsection, State agencies and units of local
8		government, not including school districts, are authorized to
9		submit fingerprints of employees, prospective employees and
10		license applicants to the Department for the purpose of
11		obtaining conviction information maintained by the Department
12		and the Federal Bureau of Investigation about such persons. The
13		Department shall submit such fingerprints to the Federal Bureau
14		of Investigation on behalf of such agencies and units of local
15		government. The Department shall charge an application fee,
16		based on actual costs, for the dissemination of conviction
17		information pursuant to this subsection. The Department is
18		empowered to establish this fee and shall prescribe the form
19		and manner for requesting and furnishing conviction
20		information pursuant to this subsection.
21		(C) Upon payment of fees authorized by this subsection, the
22		Department shall furnish to the commanding officer of a
23		military installation in Illinois having an arms storage
24		facility, upon written request of such commanding officer or
25		his designee, and in the form and manner prescribed by the
26		Department, all criminal history record information pertaining

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1		to any individual seeking access to such a storage facility,
2		where such information is sought pursuant to a
3		federally-mandated security or criminal history check.
4		The Department shall establish and charge a fee, not to
5		exceed actual costs, for providing information pursuant to this
6		subsection.
7		(Source: P.A. 94-480, eff. 1-1-06.)
8		(20 ILCS 2630/5.2)
9		Sec. 5.2. Expungement and sealing.
10		(a) General Provisions.
11		(1) Definitions. In this Act, words and phrases have
12		the meanings set forth in this subsection, except when a
13		particular context clearly requires a different meaning.
14		(A) The following terms shall have the meanings
15		ascribed to them in the Unified Code of Corrections,
16		730 ILCS 5/5-1-2 through 5/5-1-22:
17		(i) Business Offense (730 ILCS 5/5-1-2),
18		(ii) Charge (730 ILCS 5/5-1-3),
19		(iii) Court (730 ILCS 5/5-1-6),
20		(iv) Defendant (730 ILCS 5/5-1-7),
21		(v) Felony (730 ILCS 5/5-1-9),
22		(vi) Imprisonment (730 ILCS 5/5-1-10),
23		(vii) Judgment (730 ILCS 5/5-1-12),
24		(viii) Misdemeanor (730 ILCS 5/5-1-14),
25		(ix) Offense (730 ILCS 5/5-1-15),

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

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

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1		are last in time, they shall be collectively considered
2		the "last sentence" regardless of whether they were
3		ordered to run concurrently.
4		(G) "Minor traffic offense" means a petty offense,
5		business offense, or Class C misdemeanor under the
6		Illinois Vehicle Code or a similar provision of a
7		municipal or local ordinance.
8		(H) "Municipal ordinance violation" means an
9		offense defined by a municipal or local ordinance that
10		is criminal in nature and with which the petitioner was
11		charged or for which the petitioner was arrested and
12		released without charging.
13		(I) "Petitioner" means an adult or a minor
14		prosecuted as an adult who has applied for relief under
15		this Section.
16		(J) "Qualified probation" means an order of
17		probation under Section 10 of the Cannabis Control Act,
18		Section 410 of the Illinois Controlled Substances Act,
19		Section 70 of the Methamphetamine Control and
20		Community Protection Act, Section 12-4.3(b)(1) and (2)
21		of the Criminal Code of 1961 (as those provisions
22		existed before their deletion by Public Act 89-313),
23		Section 10-102 of the Illinois Alcoholism and Other
24		Drug Dependency Act, Section 40-10 of the Alcoholism
25		and Other Drug Abuse and Dependency Act, or Section 10
26		of the Steroid Control Act. For the purpose of this

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

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1		(2) Minor Traffic Offenses. Orders of supervision or
2		convictions for minor traffic offenses shall not affect a
3		petitioner's eligibility to expunge or seal records
4		pursuant to this Section.
5		(3) Exclusions. Except as otherwise provided in
6		subsections (b)(5), (b)(6), and (e), and (e-5) of this
7		Section, the court shall not order:
8		(A) the sealing or expungement of the records of
9		arrests or charges not initiated by arrest that result
10		in an order of supervision for or conviction of: (i)
11		any sexual offense committed against a minor; (ii)
12		Section 11-501 of the Illinois Vehicle Code or a
13		similar provision of a local ordinance; or (iii)
14		Section 11-503 of the Illinois Vehicle Code or a
15		similar provision of a local ordinance.
16		(B) the sealing or expungement of records of minor
17		traffic offenses (as defined in subsection (a)(1)(G)),
18		unless the petitioner was arrested and released
19		without charging.
20		(C) the sealing of the records of arrests or
21		charges not initiated by arrest which result in an
22		order of supervision, an order of qualified probation
23		(as defined in subsection (a)(1)(J)), or a conviction
24		for the following offenses:
25		(i) offenses included in Article 11 of the
26		Criminal Code of 1961 or a similar provision of a

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1		local ordinance, except Section 11-14 of the
2		Criminal Code of 1961 or a similar provision of a
3		local ordinance;
4		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
5		26-5 of the Criminal Code of 1961 or a similar
6		provision of a local ordinance;
7		(iii) offenses defined as "crimes of violence"
8		in Section 2 of the Crime Victims Compensation Act
9		or a similar provision of a local ordinance;
10		(iv) offenses which are Class A misdemeanors
11		under the Humane Care for Animals Act; or
12		(v) any offense or attempted offense that
13		would subject a person to registration under the
14		Sex Offender Registration Act.
15		(D) the sealing of the records of an arrest which
16		results in the petitioner being charged with a felony
17		offense or records of a charge not initiated by arrest
18		for a felony offense unless:
19		(i) the charge is amended to a misdemeanor and
20		is otherwise eligible to be sealed pursuant to
21		subsection (c);
22		(ii) the charge is brought along with another
23		charge as a part of one case and the charge results
24		in acquittal, dismissal, or conviction when the
25		conviction was reversed or vacated, and another
26		charge brought in the same case results in a

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1		disposition for a misdemeanor offense that is
2		eligible to be sealed pursuant to subsection (c) or
3		a disposition listed in paragraph (i), (iii), or
4		(iv) of this subsection;
5		(iii) the charge results in first offender
6		probation as set forth in subsection (c)(2)(E);
7		(iv) the charge is for a Class 4 felony offense
8		listed in subsection (c)(2)(F) or the charge is
9		amended to a Class 4 felony offense listed in
10		subsection (c)(2)(F). Records of arrests which
11		result in the petitioner being charged with a Class
12		4 felony offense listed in subsection (c)(2)(F),
13		records of charges not initiated by arrest for
14		Class 4 felony offenses listed in subsection
15		(c)(2)(F), and records of charges amended to a
16		Class 4 felony offense listed in (c)(2)(F) may be
17		sealed, regardless of the disposition, subject to
18		any waiting periods set forth in subsection
19		(c)(3);
20		(v) the charge results in acquittal,
21		dismissal, or the petitioner's release without
22		conviction; or
23		(vi) the charge results in a conviction, but
24		the conviction was reversed or vacated.
25		(b) Expungement.
26		(1) A petitioner may petition the circuit court to

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1		expunge the records of his or her arrests and charges not
2		initiated by arrest when:
3		(A) He or she has never been convicted of a
4		criminal offense; and
5		(B) Each arrest or charge not initiated by arrest
6		sought to be expunged resulted in: (i) acquittal,
7		dismissal, or the petitioner's release without
8		charging, unless excluded by subsection (a)(3)(B);
9		(ii) a conviction which was vacated or reversed, unless
10		excluded by subsection (a)(3)(B); (iii) an order of
11		supervision and such supervision was successfully
12		completed by the petitioner, unless excluded by
13		subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
14		qualified probation (as defined in subsection
15		(a)(1)(J)) and such probation was successfully
16		completed by the petitioner.
17		(2) Time frame for filing a petition to expunge.
18		(A) When the arrest or charge not initiated by
19		arrest sought to be expunged resulted in an acquittal,
20		dismissal, the petitioner's release without charging,
21		or the reversal or vacation of a conviction, there is
22		no waiting period to petition for the expungement of
23		such records.
24		(B) When the arrest or charge not initiated by
25		arrest sought to be expunged resulted in an order of
26		supervision, successfully completed by the petitioner,

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1		the following time frames will apply:
2		(i) Those arrests or charges that resulted in
3		orders of supervision under Section 3-707, 3-708,
4		3-710, or 5-401.3 of the Illinois Vehicle Code or a
5		similar provision of a local ordinance, or under
6		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7		Code of 1961 or a similar provision of a local
8		ordinance, shall not be eligible for expungement
9		until 5 years have passed following the
10		satisfactory termination of the supervision.
11		(ii) Those arrests or charges that resulted in
12		orders of supervision for any other offenses shall
13		not be eligible for expungement until 2 years have
14		passed following the satisfactory termination of
15		the supervision.
16		(C) When the arrest or charge not initiated by
17		arrest sought to be expunged resulted in an order of
18		qualified probation, successfully completed by the
19		petitioner, such records shall not be eligible for
20		expungement until 5 years have passed following the
21		satisfactory termination of the probation.
22		(3) Those records maintained by the Department for
23		persons arrested prior to their 17th birthday shall be
24		expunged as provided in Section 5-915 of the Juvenile Court
25		Act of 1987.
26		(4) Whenever a person has been arrested for or

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1		convicted of any offense, in the name of a person whose
2		identity he or she has stolen or otherwise come into
3		possession of, the aggrieved person from whom the identity
4		was stolen or otherwise obtained without authorization,
5		upon learning of the person having been arrested using his
6		or her identity, may, upon verified petition to the chief
7		judge of the circuit wherein the arrest was made, have a
8		court order entered nunc pro tunc by the Chief Judge to
9		correct the arrest record, conviction record, if any, and
10		all official records of the arresting authority, the
11		Department, other criminal justice agencies, the
12		prosecutor, and the trial court concerning such arrest, if
13		any, by removing his or her name from all such records in
14		connection with the arrest and conviction, if any, and by
15		inserting in the records the name of the offender, if known
16		or ascertainable, in lieu of the aggrieved's name. The
17		records of the circuit court clerk shall be sealed until
18		further order of the court upon good cause shown and the
19		name of the aggrieved person obliterated on the official
20		index required to be kept by the circuit court clerk under
21		Section 16 of the Clerks of Courts Act, but the order shall
22		not affect any index issued by the circuit court clerk
23		before the entry of the order. Nothing in this Section
24		shall limit the Department of State Police or other
25		criminal justice agencies or prosecutors from listing
26		under an offender's name the false names he or she has

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

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1		conditions and who fulfills those terms and conditions
2		pursuant to Section 10 of the Cannabis Control Act, Section
3		410 of the Illinois Controlled Substances Act, Section 70
4		of the Methamphetamine Control and Community Protection
5		Act, Section 12-4.3 or subdivision (b)(1) of Section
6		12-3.05 of the Criminal Code of 1961, Section 10-102 of the
7		Illinois Alcoholism and Other Drug Dependency Act, Section
8		40-10 of the Alcoholism and Other Drug Abuse and Dependency
9		Act, or Section 10 of the Steroid Control Act.
10		(c) Sealing.
11		(1) Applicability. Notwithstanding any other provision
12		of this Act to the contrary, and cumulative with any rights
13		to expungement of criminal records, this subsection
14		authorizes the sealing of criminal records of adults and of
15		minors prosecuted as adults.
16		(2) Eligible Records. The following records may be
17		sealed:
18		(A) All arrests resulting in release without
19		charging;
20		(B) Arrests or charges not initiated by arrest
21		resulting in acquittal, dismissal, or conviction when
22		the conviction was reversed or vacated, except as
23		excluded by subsection (a)(3)(B);
24		(C) Arrests or charges not initiated by arrest
25		resulting in orders of supervision successfully
26		completed by the petitioner, unless excluded by

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1		subsection (a)(3);
2		(D) Arrests or charges not initiated by arrest
3		resulting in convictions unless excluded by subsection
4		(a)(3);
5		(E) Arrests or charges not initiated by arrest
6		resulting in orders of first offender probation under
7		Section 10 of the Cannabis Control Act, Section 410 of
8		the Illinois Controlled Substances Act, or Section 70
9		of the Methamphetamine Control and Community
10		Protection Act; and
11		(F) Arrests or charges not initiated by arrest
12		resulting in Class 4 felony convictions for the
13		following offenses:
14		(i) Section 11-14 of the Criminal Code of 1961;
15		(ii) Section 4 of the Cannabis Control Act;
16		(iii) Section 402 of the Illinois Controlled
17		Substances Act;
18		(iv) the Methamphetamine Precursor Control
19		Act; and
20		(v) the Steroid Control Act.
21		(3) When Records Are Eligible to Be Sealed. Records
22		identified as eligible under subsection (c)(2) may be
23		sealed as follows:
24		(A) Records identified as eligible under
25		subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
26		time.

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1		(B) Records identified as eligible under
2		subsection (c)(2)(C) may be sealed (i) 3 years after
3		the termination of petitioner's last sentence (as
4		defined in subsection (a)(1)(F)) if the petitioner has
5		never been convicted of a criminal offense (as defined
6		in subsection (a)(1)(D)); or (ii) 4 years after the
7		termination of the petitioner's last sentence (as
8		defined in subsection (a)(1)(F)) if the petitioner has
9		ever been convicted of a criminal offense (as defined
10		in subsection (a)(1)(D)).
11		(C) Records identified as eligible under
12		subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
13		sealed 4 years after the termination of the
14		petitioner's last sentence (as defined in subsection
15		(a)(1)(F)).
16		(4) Subsequent felony convictions. A person may not
17		have subsequent felony conviction records sealed as
18		provided in this subsection (c) if he or she is convicted
19		of any felony offense after the date of the sealing of
20		prior felony convictions as provided in this subsection
21		(c). The court may, upon conviction for a subsequent felony
22		offense, order the unsealing of prior felony conviction
23		records previously ordered sealed by the court.
24		(5) Notice of eligibility for sealing. Upon entry of a
25		disposition for an eligible record under this subsection
26		(c), the petitioner shall be informed by the court of the

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1		right to have the records sealed and the procedures for the
2		sealing of the records.
3		(d) Procedure. The following procedures apply to
4		expungement under subsections (b) and (e), and sealing under
5		subsections subsection (c) and (e-5):
6		(1) Filing the petition. Upon becoming eligible to
7		petition for the expungement or sealing of records under
8		this Section, the petitioner shall file a petition
9		requesting the expungement or sealing of records with the
10		clerk of the court where the arrests occurred or the
11		charges were brought, or both. If arrests occurred or
12		charges were brought in multiple jurisdictions, a petition
13		must be filed in each such jurisdiction. The petitioner
14		shall pay the applicable fee, if not waived.
15		(2) Contents of petition. The petition shall be
16		verified and shall contain the petitioner's name, date of
17		birth, current address and, for each arrest or charge not
18		initiated by arrest sought to be sealed or expunged, the
19		case number, the date of arrest (if any), the identity of
20		the arresting authority, and such other information as the
21		court may require. During the pendency of the proceeding,
22		the petitioner shall promptly notify the circuit court
23		clerk of any change of his or her address. If the
24		petitioner has received a certificate of eligibility for
25		sealing from the Prisoner Review Board under paragraph (10)
26		of subsection (a) of Section 3-3-2 of the Unified Code of

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1		Corrections, the certificate shall be attached to the
2		petition.
3		(3) Drug test. The petitioner must attach to the
4		petition proof that the petitioner has passed a test taken
5		within 30 days before the filing of the petition showing
6		the absence within his or her body of all illegal
7		substances as defined by the Illinois Controlled
8		Substances Act, the Methamphetamine Control and Community
9		Protection Act, and the Cannabis Control Act if he or she
10		is petitioning to seal felony records pursuant to clause
11		(c)(2)(E), or (c)(2)(F)(ii)-(v), or (e-5) or if he or she
12		is petitioning to expunge felony records of a qualified
13		probation pursuant to clause (b)(1)(B)(iv).
14		(4) Service of petition. The circuit court clerk shall
15		promptly serve a copy of the petition on the State's
16		Attorney or prosecutor charged with the duty of prosecuting
17		the offense, the Department of State Police, the arresting
18		agency and the chief legal officer of the unit of local
19		government effecting the arrest.
20		(5) Objections.
21		(A) Any party entitled to notice of the petition
22		may file an objection to the petition. All objections
23		shall be in writing, shall be filed with the circuit
24		court clerk, and shall state with specificity the basis
25		of the objection.
26		(B) Objections to a petition to expunge or seal

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

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1		the order to the Department, in a form and manner
2		prescribed by the Department, to the petitioner, to the
3		State's Attorney or prosecutor charged with the duty of
4		prosecuting the offense, to the arresting agency, to the
5		chief legal officer of the unit of local government
6		effecting the arrest, and to such other criminal justice
7		agencies as may be ordered by the court.
8		(9) Effect of order.
9		(A) Upon entry of an order to expunge records
10		pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
11		(i) the records shall be expunged (as defined
12		in subsection (a)(1)(E)) by the arresting agency,
13		the Department, and any other agency as ordered by
14		the court, within 60 days of the date of service of
15		the order, unless a motion to vacate, modify, or
16		reconsider the order is filed pursuant to
17		paragraph (12) of subsection (d) of this Section;
18		(ii) the records of the circuit court clerk
19		shall be impounded until further order of the court
20		upon good cause shown and the name of the
21		petitioner obliterated on the official index
22		required to be kept by the circuit court clerk
23		under Section 16 of the Clerks of Courts Act, but
24		the order shall not affect any index issued by the
25		circuit court clerk before the entry of the order;
26		and

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

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

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1		fee equivalent to the cost of processing any order to
2		expunge or seal records. Notwithstanding any provision of
3		the Clerks of Courts Act to the contrary, the circuit court
4		clerk may charge a fee equivalent to the cost associated
5		with the sealing or expungement of records by the circuit
6		court clerk. From the total filing fee collected for the
7		petition to seal or expunge, the circuit court clerk shall
8		deposit $10 into the Circuit Court Clerk Operation and
9		Administrative Fund, to be used to offset the costs
10		incurred by the circuit court clerk in performing the
11		additional duties required to serve the petition to seal or
12		expunge on all parties. The circuit court clerk shall
13		collect and forward the Department of State Police portion
14		of the fee to the Department and it shall be deposited in
15		the State Police Services Fund.
16		(11) Final Order. No court order issued under the
17		expungement or sealing provisions of this Section shall
18		become final for purposes of appeal until 30 days after
19		service of the order on the petitioner and all parties
20		entitled to notice of the petition.
21		(12) Motion to Vacate, Modify, or Reconsider. The
22		petitioner or any party entitled to notice may file a
23		motion to vacate, modify, or reconsider the order granting
24		or denying the petition to expunge or seal within 60 days
25		of service of the order.
26		(e) Whenever a person who has been convicted of an offense

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

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

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1		have access to all sealed records of the Department pertaining
2		to that individual. Upon entry of the order of sealing, the
3		circuit court clerk shall promptly mail a copy of the order to
4		the person who was granted the certificate of eligibility for
5		sealing.
6		(f) Subject to available funding, the Illinois Department
7		of Corrections shall conduct a study of the impact of sealing,
8		especially on employment and recidivism rates, utilizing a
9		random sample of those who apply for the sealing of their
10		criminal records under Public Act 93-211. At the request of the
11		Illinois Department of Corrections, records of the Illinois
12		Department of Employment Security shall be utilized as
13		appropriate to assist in the study. The study shall not
14		disclose any data in a manner that would allow the
15		identification of any particular individual or employing unit.
16		The study shall be made available to the General Assembly no
17		later than September 1, 2010.
18		(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
19		96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
20		7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
21		eff. 8-19-11; revised 9-6-11.)
22		(20 ILCS 2630/13)
23		Sec. 13. Retention and release of sealed records.
24		(a) The Department of State Police shall retain records
25		sealed under subsection (c), or (e), or (e-5) of Section 5.2 or

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1		impounded under subparagraph (B) of paragraph (9) of subsection
2		(d) of Section 5.2 and shall release them only as authorized by
3		this Act. Felony records sealed under subsection (c), or (e),
4		or (e-5) of Section 5.2 or impounded under subparagraph (B) of
5		paragraph (9) of subsection (d) of Section 5.2 shall be used
6		and disseminated by the Department only as otherwise
7		specifically required or authorized by a federal or State law,
8		rule, or regulation that requires inquiry into and release of
9		criminal records, including, but not limited to, subsection (A)
10		of Section 3 of this Act. However, all requests for records
11		that have been expunged, sealed, and impounded and the use of
12		those records are subject to the provisions of Section 2-103 of
13		the Illinois Human Rights Act. Upon conviction for any offense,
14		the Department of Corrections shall have access to all sealed
15		records of the Department pertaining to that individual.
16		(b) Notwithstanding the foregoing, all sealed or impounded
17		records are subject to inspection and use by the court and
18		inspection and use by law enforcement agencies and State's
19		Attorneys or other prosecutors in carrying out the duties of
20		their offices.
21		(c) The sealed or impounded records maintained under
22		subsection (a) are exempt from disclosure under the Freedom of
23		Information Act.
24		(d) The Department of State Police shall commence the
25		sealing of records of felony arrests and felony convictions
26		pursuant to the provisions of subsection (c) of Section 5.2 of

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1		this Act no later than one year from the date that funds have
2		been made available for purposes of establishing the
3		technologies necessary to implement the changes made by this
4		amendatory Act of the 93rd General Assembly.
5		(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
6		Section 10. The Unified Code of Corrections is amended by
7		changing Section 3-3-2 as follows:
8		(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
9		Sec. 3-3-2. Powers and Duties.
10		(a) The Parole and Pardon Board is abolished and the term
11		"Parole and Pardon Board" as used in any law of Illinois, shall
12		read "Prisoner Review Board." After the effective date of this
13		amendatory Act of 1977, the Prisoner Review Board shall provide
14		by rule for the orderly transition of all files, records, and
15		documents of the Parole and Pardon Board and for such other
16		steps as may be necessary to effect an orderly transition and
17		shall:
18		(1) hear by at least one member and through a panel of
19		at least 3 members decide, cases of prisoners who were
20		sentenced under the law in effect prior to the effective
21		date of this amendatory Act of 1977, and who are eligible
22		for parole;
23		(2) hear by at least one member and through a panel of
24		at least 3 members decide, the conditions of parole and the

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1		time of discharge from parole, impose sanctions for
2		violations of parole, and revoke parole for those sentenced
3		under the law in effect prior to this amendatory Act of
4		1977; provided that the decision to parole and the
5		conditions of parole for all prisoners who were sentenced
6		for first degree murder or who received a minimum sentence
7		of 20 years or more under the law in effect prior to
8		February 1, 1978 shall be determined by a majority vote of
9		the Prisoner Review Board. One representative supporting
10		parole and one representative opposing parole will be
11		allowed to speak. Their comments shall be limited to making
12		corrections and filling in omissions to the Board's
13		presentation and discussion;
14		(3) hear by at least one member and through a panel of
15		at least 3 members decide, the conditions of mandatory
16		supervised release and the time of discharge from mandatory
17		supervised release, impose sanctions for violations of
18		mandatory supervised release, and revoke mandatory
19		supervised release for those sentenced under the law in
20		effect after the effective date of this amendatory Act of
21		1977;
22		(3.5) hear by at least one member and through a panel
23		of at least 3 members decide, the conditions of mandatory
24		supervised release and the time of discharge from mandatory
25		supervised release, to impose sanctions for violations of
26		mandatory supervised release and revoke mandatory

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1		supervised release for those serving extended supervised
2		release terms pursuant to paragraph (4) of subsection (d)
3		of Section 5-8-1;
4		(4) hear by at least 1 member and through a panel of at
5		least 3 members, decide cases brought by the Department of
6		Corrections against a prisoner in the custody of the
7		Department for alleged violation of Department rules with
8		respect to good conduct credits pursuant to Section 3-6-3
9		of this Code in which the Department seeks to revoke good
10		conduct credits, if the amount of time at issue exceeds 30
11		days or when, during any 12 month period, the cumulative
12		amount of credit revoked exceeds 30 days except where the
13		infraction is committed or discovered within 60 days of
14		scheduled release. In such cases, the Department of
15		Corrections may revoke up to 30 days of good conduct
16		credit. The Board may subsequently approve the revocation
17		of additional good conduct credit, if the Department seeks
18		to revoke good conduct credit in excess of thirty days.
19		However, the Board shall not be empowered to review the
20		Department's decision with respect to the loss of 30 days
21		of good conduct credit for any prisoner or to increase any
22		penalty beyond the length requested by the Department;
23		(5) hear by at least one member and through a panel of
24		at least 3 members decide, the release dates for certain
25		prisoners sentenced under the law in existence prior to the
26		effective date of this amendatory Act of 1977, in

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1		accordance with Section 3-3-2.1 of this Code;
2		(6) hear by at least one member and through a panel of
3		at least 3 members decide, all requests for pardon,
4		reprieve or commutation, and make confidential
5		recommendations to the Governor;
6		(7) comply with the requirements of the Open Parole
7		Hearings Act;
8		(8) hear by at least one member and, through a panel of
9		at least 3 members, decide cases brought by the Department
10		of Corrections against a prisoner in the custody of the
11		Department for court dismissal of a frivolous lawsuit
12		pursuant to Section 3-6-3(d) of this Code in which the
13		Department seeks to revoke up to 180 days of good conduct
14		credit, and if the prisoner has not accumulated 180 days of
15		good conduct credit at the time of the dismissal, then all
16		good conduct credit accumulated by the prisoner shall be
17		revoked; and
18		(9) hear by at least 3 members, and, through a panel of
19		at least 3 members, decide whether to grant certificates of
20		relief from disabilities or certificates of good conduct as
21		provided in Article 5.5 of Chapter V; and
22		(10) upon a petition by a person who has been convicted
23		of a Class 3 or Class 4 felony and who meets the
24		requirements of this paragraph, hear by at least 3 members
25		and, with the unanimous vote of a panel of 3 members, issue
26		a certificate of eligibility for sealing recommending that

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1		the court order the sealing of all official records of the
2		arresting authority, the circuit court clerk, and the
3		Department of State Police concerning the arrest and
4		conviction for the Class 3 or 4 felony. A person may not
5		apply to the Board for a certificate of eligibility for
6		sealing:
7		(A) until 5 years have elapsed since the expiration
8		of his or her sentence;
9		(B) until 5 years have elapsed since any arrests or
10		detentions by a law enforcement officer for an alleged
11		violation of law, other than a petty offense, traffic
12		offense, conservation offense, or local ordinance
13		offense;
14		(C) if convicted of a violation of the Cannabis
15		Control Act, Illinois Controlled Substances Act, the
16		Methamphetamine Control and Community Protection Act,
17		the Methamphetamine Precursor Control Act, or the
18		Methamphetamine Precursor Tracking Act unless the
19		petitioner has completed a drug abuse program for the
20		offense on which sealing is sought and provides proof
21		that he or she has completed the program successfully;
22		(D) if convicted of:
23		(i) a sex offense described in Article 11 or
24		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
25		the Criminal Code of 1961;
26		(ii) aggravated assault;

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1		(iii) aggravated battery;
2		(iv) domestic battery;
3		(v) aggravated domestic battery;
4		(vi) violation of an order of protection;
5		(vii) an offense under the Criminal Code of
6		1961 involving a firearm;
7		(viii) driving while under the influence of
8		alcohol, other drug or drugs, intoxicating
9		compound or compounds or any combination thereof;
10		(ix) aggravated driving while under the
11		influence of alcohol, other drug or drugs,
12		intoxicating compound or compounds or any
13		combination thereof; or
14		(x) any crime defined as a crime of violence
15		under Section 2 of the Crime Victims Compensation
16		Act.
17		If a person has applied to the Board for a certificate of
18		eligibility for sealing and the Board denies the certificate,
19		the person must wait at least 4 years before filing again or
20		filing for pardon from the Governor unless the Chairman of the
21		Prisoner Review Board grants a waiver.
22		The decision to issue or refrain from issuing a certificate
23		of eligibility for sealing shall be at the Board's sole
24		discretion, and shall not give rise to any cause of action
25		against either the Board or its members.
26		The Board may only authorize the sealing of Class 3 and 4

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1		felony convictions of the petitioner from one information or
2		indictment under this paragraph (10). A petitioner may only
3		receive one certificate of eligibility for sealing under this
4		provision for life.
5		(a-5) The Prisoner Review Board, with the cooperation of
6		and in coordination with the Department of Corrections and the
7		Department of Central Management Services, shall implement a
8		pilot project in 3 correctional institutions providing for the
9		conduct of hearings under paragraphs (1) and (4) of subsection
10		(a) of this Section through interactive video conferences. The
11		project shall be implemented within 6 months after the
12		effective date of this amendatory Act of 1996. Within 6 months
13		after the implementation of the pilot project, the Prisoner
14		Review Board, with the cooperation of and in coordination with
15		the Department of Corrections and the Department of Central
16		Management Services, shall report to the Governor and the
17		General Assembly regarding the use, costs, effectiveness, and
18		future viability of interactive video conferences for Prisoner
19		Review Board hearings.
20		(b) Upon recommendation of the Department the Board may
21		restore good conduct credit previously revoked.
22		(c) The Board shall cooperate with the Department in
23		promoting an effective system of parole and mandatory
24		supervised release.
25		(d) The Board shall promulgate rules for the conduct of its
26		work, and the Chairman shall file a copy of such rules and any

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1		amendments thereto with the Director and with the Secretary of
2		State.
3		(e) The Board shall keep records of all of its official
4		actions and shall make them accessible in accordance with law
5		and the rules of the Board.
6		(f) The Board or one who has allegedly violated the
7		conditions of his parole or mandatory supervised release may
8		require by subpoena the attendance and testimony of witnesses
9		and the production of documentary evidence relating to any
10		matter under investigation or hearing. The Chairman of the
11		Board may sign subpoenas which shall be served by any agent or
12		public official authorized by the Chairman of the Board, or by
13		any person lawfully authorized to serve a subpoena under the
14		laws of the State of Illinois. The attendance of witnesses, and
15		the production of documentary evidence, may be required from
16		any place in the State to a hearing location in the State
17		before the Chairman of the Board or his designated agent or
18		agents or any duly constituted Committee or Subcommittee of the
19		Board. Witnesses so summoned shall be paid the same fees and
20		mileage that are paid witnesses in the circuit courts of the
21		State, and witnesses whose depositions are taken and the
22		persons taking those depositions are each entitled to the same
23		fees as are paid for like services in actions in the circuit
24		courts of the State. Fees and mileage shall be vouchered for
25		payment when the witness is discharged from further attendance.
26		In case of disobedience to a subpoena, the Board may

SB3458 Enrolled - 40 - LRB097 17386 RLC 62588 b
1		petition any circuit court of the State for an order requiring
2		the attendance and testimony of witnesses or the production of
3		documentary evidence or both. A copy of such petition shall be
4		served by personal service or by registered or certified mail
5		upon the person who has failed to obey the subpoena, and such
6		person shall be advised in writing that a hearing upon the
7		petition will be requested in a court room to be designated in
8		such notice before the judge hearing motions or extraordinary
9		remedies at a specified time, on a specified date, not less
10		than 10 nor more than 15 days after the deposit of the copy of
11		the written notice and petition in the U.S. mails addressed to
12		the person at his last known address or after the personal
13		service of the copy of the notice and petition upon such
14		person. The court upon the filing of such a petition, may order
15		the person refusing to obey the subpoena to appear at an
16		investigation or hearing, or to there produce documentary
17		evidence, if so ordered, or to give evidence relative to the
18		subject matter of that investigation or hearing. Any failure to
19		obey such order of the circuit court may be punished by that
20		court as a contempt of court.
21		Each member of the Board and any hearing officer designated
22		by the Board shall have the power to administer oaths and to
23		take the testimony of persons under oath.
24		(g) Except under subsection (a) of this Section, a majority
25		of the members then appointed to the Prisoner Review Board
26		shall constitute a quorum for the transaction of all business

SB3458 Enrolled - 41 - LRB097 17386 RLC 62588 b
1		of the Board.
2		(h) The Prisoner Review Board shall annually transmit to
3		the Director a detailed report of its work for the preceding
4		calendar year. The annual report shall also be transmitted to
5		the Governor for submission to the Legislature.
6		(Source: P.A. 96-875, eff. 1-22-10.)