Bill Amendment: IL HB0048 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EXPUNGEMENT-SUSPENDED LICENSE
Status: 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0048 Detail]
Download: Illinois-2023-HB0048-House_Amendment_001.html
Bill Title: EXPUNGEMENT-SUSPENDED LICENSE
Status: 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0048 Detail]
Download: Illinois-2023-HB0048-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 48
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2 | AMENDMENT NO. ______. Amend House Bill 48 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Section 5.2 as follows:
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6 | (20 ILCS 2630/5.2)
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7 | Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||||
8 | (a) General Provisions. | ||||||
9 | (1) Definitions. In this Act, words and phrases have
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10 | the meanings set forth in this subsection, except when a
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11 | particular context clearly requires a different meaning. | ||||||
12 | (A) The following terms shall have the meanings | ||||||
13 | ascribed to them in the following Sections of the | ||||||
14 | Unified Code of Corrections: | ||||||
15 | Business Offense, Section 5-1-2. |
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1 | Charge, Section 5-1-3. | ||||||
2 | Court, Section 5-1-6. | ||||||
3 | Defendant, Section 5-1-7. | ||||||
4 | Felony, Section 5-1-9. | ||||||
5 | Imprisonment, Section 5-1-10. | ||||||
6 | Judgment, Section 5-1-12. | ||||||
7 | Misdemeanor, Section 5-1-14. | ||||||
8 | Offense, Section 5-1-15. | ||||||
9 | Parole, Section 5-1-16. | ||||||
10 | Petty Offense, Section 5-1-17. | ||||||
11 | Probation, Section 5-1-18. | ||||||
12 | Sentence, Section 5-1-19. | ||||||
13 | Supervision, Section 5-1-21. | ||||||
14 | Victim, Section 5-1-22. | ||||||
15 | (B) As used in this Section, "charge not initiated | ||||||
16 | by arrest" means a charge (as defined by Section 5-1-3 | ||||||
17 | of the Unified Code of Corrections) brought against a | ||||||
18 | defendant where the defendant is not arrested prior to | ||||||
19 | or as a direct result of the charge. | ||||||
20 | (C) "Conviction" means a judgment of conviction or | ||||||
21 | sentence entered upon a plea of guilty or upon a | ||||||
22 | verdict or finding of guilty of an offense, rendered | ||||||
23 | by a legally constituted jury or by a court of | ||||||
24 | competent jurisdiction authorized to try the case | ||||||
25 | without a jury. An order of supervision successfully | ||||||
26 | completed by the petitioner is not a conviction. An |
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1 | order of qualified probation (as defined in subsection | ||||||
2 | (a)(1)(J)) successfully completed by the petitioner is | ||||||
3 | not a conviction. An order of supervision or an order | ||||||
4 | of qualified probation that is terminated | ||||||
5 | unsatisfactorily is a conviction, unless the | ||||||
6 | unsatisfactory termination is reversed, vacated, or | ||||||
7 | modified and the judgment of conviction, if any, is | ||||||
8 | reversed or vacated. | ||||||
9 | (D) "Criminal offense" means a petty offense, | ||||||
10 | business offense, misdemeanor, felony, or municipal | ||||||
11 | ordinance violation (as defined in subsection | ||||||
12 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
13 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
14 | be considered a criminal offense. | ||||||
15 | (E) "Expunge" means to physically destroy the | ||||||
16 | records or return them to the petitioner and to | ||||||
17 | obliterate the petitioner's name from any official | ||||||
18 | index or public record, or both. Nothing in this Act | ||||||
19 | shall require the physical destruction of the circuit | ||||||
20 | court file, but such records relating to arrests or | ||||||
21 | charges, or both, ordered expunged shall be impounded | ||||||
22 | as required by subsections (d)(9)(A)(ii) and | ||||||
23 | (d)(9)(B)(ii). | ||||||
24 | (F) As used in this Section, "last sentence" means | ||||||
25 | the sentence, order of supervision, or order of | ||||||
26 | qualified probation (as defined by subsection |
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1 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
2 | subsection (a)(1)(D)) that terminates last in time in | ||||||
3 | any jurisdiction, regardless of whether the petitioner | ||||||
4 | has included the criminal offense for which the | ||||||
5 | sentence or order of supervision or qualified | ||||||
6 | probation was imposed in his or her petition. If | ||||||
7 | multiple sentences, orders of supervision, or orders | ||||||
8 | of qualified probation terminate on the same day and | ||||||
9 | are last in time, they shall be collectively | ||||||
10 | considered the "last sentence" regardless of whether | ||||||
11 | they were ordered to run concurrently. | ||||||
12 | (G) "Minor traffic offense" means a petty offense, | ||||||
13 | business offense, or Class C misdemeanor under the | ||||||
14 | Illinois Vehicle Code or a similar provision of a | ||||||
15 | municipal or local ordinance. | ||||||
16 | (G-5) "Minor Cannabis Offense" means a violation | ||||||
17 | of Section 4 or 5 of the Cannabis Control Act | ||||||
18 | concerning not more than 30 grams of any substance | ||||||
19 | containing cannabis, provided the violation did not | ||||||
20 | include a penalty enhancement under Section 7 of the | ||||||
21 | Cannabis Control Act and is not associated with an | ||||||
22 | arrest, conviction or other disposition for a violent | ||||||
23 | crime as defined in subsection (c) of Section 3 of the | ||||||
24 | Rights of Crime Victims and Witnesses Act. | ||||||
25 | (H) "Municipal ordinance violation" means an | ||||||
26 | offense defined by a municipal or local ordinance that |
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1 | is criminal in nature and with which the petitioner | ||||||
2 | was charged or for which the petitioner was arrested | ||||||
3 | and released without charging. | ||||||
4 | (I) "Petitioner" means an adult or a minor | ||||||
5 | prosecuted as an
adult who has applied for relief | ||||||
6 | under this Section. | ||||||
7 | (J) "Qualified probation" means an order of | ||||||
8 | probation under Section 10 of the Cannabis Control | ||||||
9 | Act, Section 410 of the Illinois Controlled Substances | ||||||
10 | Act, Section 70 of the Methamphetamine Control and | ||||||
11 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
12 | of the Unified Code of Corrections, Section | ||||||
13 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
14 | those provisions existed before their deletion by | ||||||
15 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
16 | Alcoholism and Other Drug Dependency Act, Section | ||||||
17 | 40-10 of the Substance Use Disorder Act, or Section 10 | ||||||
18 | of the Steroid Control Act. For the purpose of this | ||||||
19 | Section, "successful completion" of an order of | ||||||
20 | qualified probation under Section 10-102 of the | ||||||
21 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
22 | Section 40-10 of the Substance Use Disorder Act means | ||||||
23 | that the probation was terminated satisfactorily and | ||||||
24 | the judgment of conviction was vacated. | ||||||
25 | (K) "Seal" means to physically and electronically | ||||||
26 | maintain the records, unless the records would |
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1 | otherwise be destroyed due to age, but to make the | ||||||
2 | records unavailable without a court order, subject to | ||||||
3 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
4 | petitioner's name shall also be obliterated from the | ||||||
5 | official index required to be kept by the circuit | ||||||
6 | court clerk under Section 16 of the Clerks of Courts | ||||||
7 | Act, but any index issued by the circuit court clerk | ||||||
8 | before the entry of the order to seal shall not be | ||||||
9 | affected. | ||||||
10 | (L) "Sexual offense committed against a minor" | ||||||
11 | includes, but is
not limited to, the offenses of | ||||||
12 | indecent solicitation of a child
or criminal sexual | ||||||
13 | abuse when the victim of such offense is
under 18 years | ||||||
14 | of age. | ||||||
15 | (M) "Terminate" as it relates to a sentence or | ||||||
16 | order of supervision or qualified probation includes | ||||||
17 | either satisfactory or unsatisfactory termination of | ||||||
18 | the sentence, unless otherwise specified in this | ||||||
19 | Section. A sentence is terminated notwithstanding any | ||||||
20 | outstanding financial legal obligation. | ||||||
21 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
22 | convictions for minor traffic offenses shall not affect a | ||||||
23 | petitioner's eligibility to expunge or seal records | ||||||
24 | pursuant to this Section. | ||||||
25 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
26 | effective date of Public Act 99-697), the law enforcement |
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1 | agency issuing the citation shall automatically expunge, | ||||||
2 | on or before January 1 and July 1 of each year, the law | ||||||
3 | enforcement records of a person found to have committed a | ||||||
4 | civil law violation of subsection (a) of Section 4 of the | ||||||
5 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
6 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
7 | agency's possession or control and which contains the | ||||||
8 | final satisfactory disposition which pertain to the person | ||||||
9 | issued a citation for that offense.
The law enforcement | ||||||
10 | agency shall provide by rule the process for access, | ||||||
11 | review, and to confirm the automatic expungement by the | ||||||
12 | law enforcement agency issuing the citation.
Commencing | ||||||
13 | 180 days after July 29, 2016 (the effective date of Public | ||||||
14 | Act 99-697), the clerk of the circuit court shall expunge, | ||||||
15 | upon order of the court, or in the absence of a court order | ||||||
16 | on or before January 1 and July 1 of each year, the court | ||||||
17 | records of a person found in the circuit court to have | ||||||
18 | committed a civil law violation of subsection (a) of | ||||||
19 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
20 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
21 | clerk's possession or control and which contains the final | ||||||
22 | satisfactory disposition which pertain to the person | ||||||
23 | issued a citation for any of those offenses. | ||||||
24 | (3) Exclusions. Except as otherwise provided in | ||||||
25 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
26 | of this Section, the court shall not order: |
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1 | (A) the sealing or expungement of the records of | ||||||
2 | arrests or charges not initiated by arrest that result | ||||||
3 | in an order of supervision for or conviction of:
(i) | ||||||
4 | any sexual offense committed against a
minor; (ii) | ||||||
5 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
6 | similar provision of a local ordinance; or (iii) | ||||||
7 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
8 | similar provision of a local ordinance, unless the | ||||||
9 | arrest or charge is for a misdemeanor violation of | ||||||
10 | subsection (a) of Section 11-503 or a similar | ||||||
11 | provision of a local ordinance, that occurred prior to | ||||||
12 | the offender reaching the age of 25 years and the | ||||||
13 | offender has no other conviction for violating Section | ||||||
14 | 11-501 or 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 or a conviction for the following | ||||||
23 | offenses: | ||||||
24 | (i) offenses included in Article 11 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
26 | or a similar provision of a local ordinance, |
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1 | except Section 11-14 and a misdemeanor violation | ||||||
2 | of Section 11-30 of the Criminal Code of 1961 or | ||||||
3 | the Criminal Code of 2012, or a similar provision | ||||||
4 | of a local ordinance; | ||||||
5 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
6 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012, or a similar provision of a | ||||||
8 | local ordinance; | ||||||
9 | (iii) Section Sections 12-3.1 or 12-3.2 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of | ||||||
11 | 2012, or Section 125 of the Stalking No Contact | ||||||
12 | Order Act, or Section 219 of the Civil No Contact | ||||||
13 | Order Act, or a similar provision of a local | ||||||
14 | ordinance; | ||||||
15 | (iv) Class A misdemeanors or felony offenses | ||||||
16 | under the Humane Care for Animals Act; or | ||||||
17 | (v) any offense or attempted offense that | ||||||
18 | would subject a person to registration under the | ||||||
19 | Sex Offender Registration Act. | ||||||
20 | (D) (blank). | ||||||
21 | (b) Expungement. | ||||||
22 | (1) A petitioner may petition the circuit court to | ||||||
23 | expunge the
records of his or her arrests and charges not | ||||||
24 | initiated by arrest when each arrest or charge not | ||||||
25 | initiated by arrest
sought to be expunged resulted in:
(i) | ||||||
26 | acquittal, dismissal, or the petitioner's release without |
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1 | charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||||||
2 | conviction which was vacated or reversed, unless excluded | ||||||
3 | by subsection (a)(3)(B);
(iii) an order of supervision and | ||||||
4 | such supervision was successfully completed by the | ||||||
5 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
6 | (a)(3)(B); or
(iv) an order of qualified probation (as | ||||||
7 | defined in subsection (a)(1)(J)) and such probation was | ||||||
8 | successfully completed by the petitioner. | ||||||
9 | (1.5) When a petitioner seeks to have a record of | ||||||
10 | arrest expunged under this Section, and the offender has | ||||||
11 | been convicted of a criminal offense, the State's Attorney | ||||||
12 | may object to the expungement on the grounds that the | ||||||
13 | records contain specific relevant information aside from | ||||||
14 | the mere fact of the arrest. | ||||||
15 | (2) Time frame for filing a petition to expunge. | ||||||
16 | (A) When the arrest or charge not initiated by | ||||||
17 | arrest sought to be expunged resulted in an acquittal, | ||||||
18 | dismissal, the petitioner's release without charging, | ||||||
19 | or the reversal or vacation of a conviction, there is | ||||||
20 | no waiting period to petition for the expungement of | ||||||
21 | such records. | ||||||
22 | (B) When the arrest or charge not initiated by | ||||||
23 | arrest
sought to be expunged resulted in an order of | ||||||
24 | supervision, successfully
completed by the petitioner, | ||||||
25 | the following time frames will apply: | ||||||
26 | (i) Those arrests or charges that resulted in |
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1 | orders of
supervision under Section 3-707, 3-708, | ||||||
2 | 3-710, or 5-401.3 of the Illinois Vehicle Code or | ||||||
3 | a similar provision of a local ordinance, or under | ||||||
4 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
6 | similar provision of a local ordinance, shall not | ||||||
7 | be eligible for expungement until 5 years have | ||||||
8 | passed following the satisfactory termination of | ||||||
9 | the supervision. | ||||||
10 | (i-5) Those arrests or charges that resulted | ||||||
11 | in orders of supervision for a misdemeanor | ||||||
12 | violation of subsection (a) of Section 11-503 of | ||||||
13 | the Illinois Vehicle Code or a similar provision | ||||||
14 | of a local ordinance, that occurred prior to the | ||||||
15 | offender reaching the age of 25 years and the | ||||||
16 | offender has no other conviction for violating | ||||||
17 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
18 | Code or a similar provision of a local ordinance | ||||||
19 | shall not be eligible for expungement until the | ||||||
20 | petitioner has reached the age of 25 years. | ||||||
21 | (ii) Those arrests or charges that resulted in | ||||||
22 | orders
of supervision for any other offenses shall | ||||||
23 | not be
eligible for expungement until 2 years have | ||||||
24 | passed
following the satisfactory termination of | ||||||
25 | the supervision. | ||||||
26 | (C) When the arrest or charge not initiated by |
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1 | arrest sought to
be expunged resulted in an order of | ||||||
2 | qualified probation, successfully
completed by the | ||||||
3 | petitioner, such records shall not be eligible for
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4 | expungement until 5 years have passed following the | ||||||
5 | satisfactory
termination of the probation. | ||||||
6 | (3) Those records maintained by the Illinois State | ||||||
7 | Police for
persons arrested prior to their 17th birthday | ||||||
8 | shall be
expunged as provided in Section 5-915 of the | ||||||
9 | Juvenile Court
Act of 1987. | ||||||
10 | (4) Whenever a person has been arrested for or | ||||||
11 | convicted of any
offense, in the name of a person whose | ||||||
12 | identity he or she has stolen or otherwise
come into | ||||||
13 | possession of, the aggrieved person from whom the identity
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14 | was stolen or otherwise obtained without authorization,
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15 | upon learning of the person having been arrested using his
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16 | or her identity, may, upon verified petition to the chief | ||||||
17 | judge of
the circuit wherein the arrest was made, have a | ||||||
18 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
19 | correct the
arrest record, conviction record, if any, and | ||||||
20 | all official
records of the arresting authority, the | ||||||
21 | Illinois State Police, other
criminal justice agencies, | ||||||
22 | the prosecutor, and the trial
court concerning such | ||||||
23 | arrest, if any, by removing his or her name
from all such | ||||||
24 | records in connection with the arrest and
conviction, if | ||||||
25 | any, and by inserting in the records the
name of the | ||||||
26 | offender, if known or ascertainable, in lieu of
the |
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1 | aggrieved's name. The records of the circuit court clerk | ||||||
2 | shall be sealed until further order of
the court upon good | ||||||
3 | cause shown and the name of the
aggrieved person | ||||||
4 | obliterated on the official index
required to be kept by | ||||||
5 | the circuit court clerk under
Section 16 of the Clerks of | ||||||
6 | Courts Act, but the order shall
not affect any index | ||||||
7 | issued by the circuit court clerk
before the entry of the | ||||||
8 | order. Nothing in this Section
shall limit the Illinois | ||||||
9 | State Police or other
criminal justice agencies or | ||||||
10 | prosecutors from listing
under an offender's name the | ||||||
11 | false names he or she has
used. | ||||||
12 | (5) Whenever a person has been convicted of criminal
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13 | sexual assault, aggravated criminal sexual assault,
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14 | predatory criminal sexual assault of a child, criminal
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15 | sexual abuse, or aggravated criminal sexual abuse, the
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16 | victim of that offense may request that the State's
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17 | Attorney of the county in which the conviction occurred
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18 | file a verified petition with the presiding trial judge at
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19 | the petitioner's trial to have a court order entered to | ||||||
20 | seal
the records of the circuit court clerk in connection
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21 | with the proceedings of the trial court concerning that
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22 | offense. However, the records of the arresting authority
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23 | and the Illinois State Police concerning the offense
shall | ||||||
24 | not be sealed. The court, upon good cause shown,
shall | ||||||
25 | make the records of the circuit court clerk in
connection | ||||||
26 | with the proceedings of the trial court
concerning the |
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1 | offense available for public inspection. | ||||||
2 | (6) If a conviction has been set aside on direct | ||||||
3 | review
or on collateral attack and the court determines by | ||||||
4 | clear
and convincing evidence that the petitioner was | ||||||
5 | factually
innocent of the charge, the court that finds the | ||||||
6 | petitioner factually innocent of the charge shall enter an
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7 | expungement order for the conviction for which the | ||||||
8 | petitioner has been determined to be innocent as provided | ||||||
9 | in subsection (b) of Section
5-5-4 of the Unified Code of | ||||||
10 | Corrections. | ||||||
11 | (7) Nothing in this Section shall prevent the Illinois
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12 | State Police from maintaining all records of any person | ||||||
13 | who
is admitted to probation upon terms and conditions and | ||||||
14 | who
fulfills those terms and conditions pursuant to | ||||||
15 | Section 10
of the Cannabis Control Act, Section 410 of the | ||||||
16 | Illinois
Controlled Substances Act, Section 70 of the
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17 | Methamphetamine Control and Community Protection Act,
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18 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
19 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
20 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
22 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
23 | the Substance Use Disorder Act, or Section 10 of the | ||||||
24 | Steroid Control Act. | ||||||
25 | (8) If the petitioner has been granted a certificate | ||||||
26 | of innocence under Section 2-702 of the Code of Civil |
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1 | Procedure, the court that grants the certificate of | ||||||
2 | innocence shall also enter an order expunging the | ||||||
3 | conviction for which the petitioner has been determined to | ||||||
4 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
5 | of the Code of Civil Procedure. | ||||||
6 | (c) Sealing. | ||||||
7 | (1) Applicability. Notwithstanding any other provision | ||||||
8 | of this Act to the contrary, and cumulative with any | ||||||
9 | rights to expungement of criminal records, this subsection | ||||||
10 | authorizes the sealing of criminal records of adults and | ||||||
11 | of minors prosecuted as adults. Subsection (g) of this | ||||||
12 | Section provides for immediate sealing of certain records. | ||||||
13 | (2) Eligible Records. The following records may be | ||||||
14 | sealed: | ||||||
15 | (A) All arrests resulting in release without | ||||||
16 | charging; | ||||||
17 | (B) Arrests or charges not initiated by arrest | ||||||
18 | resulting in acquittal, dismissal, or conviction when | ||||||
19 | the conviction was reversed or vacated, except as | ||||||
20 | excluded by subsection (a)(3)(B); | ||||||
21 | (C) Arrests or charges not initiated by arrest | ||||||
22 | resulting in orders of supervision, including orders | ||||||
23 | of supervision for municipal ordinance violations, | ||||||
24 | successfully completed by the petitioner, unless | ||||||
25 | excluded by subsection (a)(3); | ||||||
26 | (D) Arrests or charges not initiated by arrest |
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1 | resulting in convictions, including convictions on | ||||||
2 | municipal ordinance violations, unless excluded by | ||||||
3 | subsection (a)(3); | ||||||
4 | (E) Arrests or charges not initiated by arrest | ||||||
5 | resulting in orders of first offender probation under | ||||||
6 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
7 | the Illinois Controlled Substances Act, Section 70 of | ||||||
8 | the Methamphetamine Control and Community Protection | ||||||
9 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
10 | Corrections; and | ||||||
11 | (F) Arrests or charges not initiated by arrest | ||||||
12 | resulting in felony convictions unless otherwise | ||||||
13 | excluded by subsection (a) paragraph (3) of this | ||||||
14 | Section. | ||||||
15 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
16 | identified as eligible under subsection (c)(2) may be | ||||||
17 | sealed as follows: | ||||||
18 | (A) Records identified as eligible under | ||||||
19 | subsections subsection (c)(2)(A) and (c)(2)(B) may be | ||||||
20 | sealed at any time. | ||||||
21 | (B) Except as otherwise provided in subparagraph | ||||||
22 | (E) of this paragraph (3), records identified as | ||||||
23 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
24 | years after the termination of petitioner's last | ||||||
25 | sentence (as defined in subsection (a)(1)(F)). | ||||||
26 | (C) Except as otherwise provided in subparagraph |
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1 | (E) of this paragraph (3), records identified as | ||||||
2 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
3 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
4 | of the petitioner's last sentence (as defined in | ||||||
5 | subsection (a)(1)(F)). Convictions requiring public | ||||||
6 | registration under the Arsonist Registration Act, the | ||||||
7 | Sex Offender Registration Act, or the Murderer and | ||||||
8 | Violent Offender Against Youth Registration Act may | ||||||
9 | not be sealed until the petitioner is no longer | ||||||
10 | required to register under that relevant Act. | ||||||
11 | (D) Records identified in subsection | ||||||
12 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
13 | reached the age of 25 years. | ||||||
14 | (E) Records identified as eligible under | ||||||
15 | subsection subsections (c)(2)(C), (c)(2)(D), | ||||||
16 | (c)(2)(E), or (c)(2)(F) may be sealed upon termination | ||||||
17 | of the petitioner's last sentence if the petitioner | ||||||
18 | earned a high school diploma, associate's degree, | ||||||
19 | career certificate, vocational technical | ||||||
20 | certification, or bachelor's degree, or passed the | ||||||
21 | high school level Test of General Educational | ||||||
22 | Development, during the period of his or her sentence | ||||||
23 | or mandatory supervised release. This subparagraph | ||||||
24 | shall apply only to a petitioner who has not completed | ||||||
25 | the same educational goal prior to the period of his or | ||||||
26 | her sentence or mandatory supervised release. If a |
| |||||||
| |||||||
1 | petition for sealing eligible records filed under this | ||||||
2 | subparagraph is denied by the court, the time periods | ||||||
3 | under subparagraph (B) or (C) shall apply to any | ||||||
4 | subsequent petition for sealing filed by the | ||||||
5 | petitioner. | ||||||
6 | (4) Subsequent felony convictions. A person may not | ||||||
7 | have
subsequent felony conviction records sealed as | ||||||
8 | provided in this subsection
(c) if he or she is convicted | ||||||
9 | of any felony offense after the date of the
sealing of | ||||||
10 | prior felony convictions as provided in this subsection | ||||||
11 | (c). The court may, upon conviction for a subsequent | ||||||
12 | felony offense, order the unsealing of prior felony | ||||||
13 | conviction records previously ordered sealed by the court. | ||||||
14 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
15 | disposition for an eligible record under this subsection | ||||||
16 | (c), the petitioner shall be informed by the court of the | ||||||
17 | right to have the records sealed and the procedures for | ||||||
18 | the sealing of the records. | ||||||
19 | (d) Procedure. The following procedures apply to | ||||||
20 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
21 | under subsections (c) and (e-5): | ||||||
22 | (1) Filing the petition. Upon becoming eligible to | ||||||
23 | petition for
the expungement or sealing of records under | ||||||
24 | this Section, the petitioner shall file a petition | ||||||
25 | requesting the expungement
or sealing of records with the | ||||||
26 | clerk of the court where the arrests occurred or the |
| |||||||
| |||||||
1 | charges were brought, or both. If arrests occurred or | ||||||
2 | charges were brought in multiple jurisdictions, a petition | ||||||
3 | must be filed in each such jurisdiction. The petitioner | ||||||
4 | shall pay the applicable fee, except no fee shall be | ||||||
5 | required if the petitioner has obtained a court order | ||||||
6 | waiving fees under Supreme Court Rule 298 or it is | ||||||
7 | otherwise waived. | ||||||
8 | (1.5) County fee waiver pilot program.
From August 9, | ||||||
9 | 2019 (the effective date of Public Act 101-306) through | ||||||
10 | December 31, 2020, in a county of 3,000,000 or more | ||||||
11 | inhabitants, no fee shall be required to be paid by a | ||||||
12 | petitioner if the records sought to be expunged or sealed | ||||||
13 | were arrests resulting in release without charging or | ||||||
14 | arrests or charges not initiated by arrest resulting in | ||||||
15 | acquittal, dismissal, or conviction when the conviction | ||||||
16 | was reversed or vacated, unless excluded by subsection | ||||||
17 | (a)(3)(B). The provisions of this paragraph (1.5), other | ||||||
18 | than this sentence, are inoperative on and after January | ||||||
19 | 1, 2022. | ||||||
20 | (2) Contents of petition. The petition shall be
| ||||||
21 | verified and shall contain the petitioner's name, date of
| ||||||
22 | birth, current address and, for each arrest or charge not | ||||||
23 | initiated by
arrest sought to be sealed or expunged, the | ||||||
24 | case number, the date of
arrest (if any), the identity of | ||||||
25 | the arresting authority, and such
other information as the | ||||||
26 | court may require. During the pendency
of the proceeding, |
| |||||||
| |||||||
1 | the petitioner shall promptly notify the
circuit court | ||||||
2 | clerk of any change of his or her address. If the | ||||||
3 | petitioner has received a certificate of eligibility for | ||||||
4 | sealing from the Prisoner Review Board under paragraph | ||||||
5 | (10) of subsection (a) of Section 3-3-2 of the Unified | ||||||
6 | Code of Corrections, the certificate shall be attached to | ||||||
7 | the petition. | ||||||
8 | (3) Drug test. The petitioner must attach to the | ||||||
9 | petition proof that the petitioner has taken within 30 | ||||||
10 | days before the filing of the petition a test showing the | ||||||
11 | absence within his or her body of all illegal substances | ||||||
12 | as defined by the Illinois Controlled Substances Act and | ||||||
13 | the Methamphetamine Control and Community Protection Act | ||||||
14 | if he or she is petitioning to: | ||||||
15 | (A) seal felony records under clause (c)(2)(E); | ||||||
16 | (B) seal felony records for a violation of the | ||||||
17 | Illinois Controlled Substances Act, the | ||||||
18 | Methamphetamine Control and Community Protection Act, | ||||||
19 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
20 | (C) seal felony records under subsection (e-5); or | ||||||
21 | (D) expunge felony records of a qualified | ||||||
22 | probation under clause (b)(1)(iv). | ||||||
23 | (4) Service of petition. The circuit court clerk shall | ||||||
24 | promptly
serve a copy of the petition and documentation to | ||||||
25 | support the petition under subsection (e-5) or (e-6) on | ||||||
26 | the State's Attorney or
prosecutor charged with the duty |
| |||||||
| |||||||
1 | of prosecuting the
offense, the Illinois State Police, the | ||||||
2 | arresting
agency and the chief legal officer of the unit | ||||||
3 | of local
government effecting the arrest. | ||||||
4 | (5) Objections. | ||||||
5 | (A) Any party entitled to notice of the petition | ||||||
6 | may file an objection to the petition. All objections | ||||||
7 | shall be in writing, shall be filed with the circuit | ||||||
8 | court clerk, and shall state with specificity the | ||||||
9 | basis of the objection. Whenever a person who has been | ||||||
10 | convicted of an offense is granted
a pardon by the | ||||||
11 | Governor which specifically authorizes expungement, an | ||||||
12 | objection to the petition may not be filed. | ||||||
13 | (B) Objections to a petition to expunge or seal | ||||||
14 | must be filed within 60 days of the date of service of | ||||||
15 | the petition. | ||||||
16 | (6) Entry of order. | ||||||
17 | (A) The Chief Judge of the circuit wherein the | ||||||
18 | charge was brought, any judge of that circuit | ||||||
19 | designated by the Chief Judge, or in counties of less | ||||||
20 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
21 | at the petitioner's trial, if any, shall rule on the | ||||||
22 | petition to expunge or seal as set forth in this | ||||||
23 | subsection (d)(6). | ||||||
24 | (B) Unless the State's Attorney or prosecutor, the | ||||||
25 | Illinois
State Police, the arresting agency, or the | ||||||
26 | chief legal officer
files an objection to the petition |
| |||||||
| |||||||
1 | to expunge or seal within 60 days from the date of | ||||||
2 | service of the petition, the court shall enter an | ||||||
3 | order granting or denying the petition. | ||||||
4 | (C) Notwithstanding any other provision of law, | ||||||
5 | the court shall not deny a petition for sealing under | ||||||
6 | this Section because the petitioner has not satisfied | ||||||
7 | an outstanding legal financial obligation established, | ||||||
8 | imposed, or originated by a court, law enforcement | ||||||
9 | agency, or a municipal, State, county, or other unit | ||||||
10 | of local government, including, but not limited to, | ||||||
11 | any cost, assessment, fine, or fee. An outstanding | ||||||
12 | legal financial obligation does not include any court | ||||||
13 | ordered restitution to a victim under Section 5-5-6 of | ||||||
14 | the Unified Code of Corrections, unless the | ||||||
15 | restitution has been converted to a civil judgment. | ||||||
16 | Nothing in this subparagraph (C) waives, rescinds, or | ||||||
17 | abrogates a legal financial obligation or otherwise | ||||||
18 | eliminates or affects the right of the holder of any | ||||||
19 | financial obligation to pursue collection under | ||||||
20 | applicable federal, State, or local law. | ||||||
21 | (D) Notwithstanding any other provision of law,
| ||||||
22 | the court shall not deny a petition to expunge or seal | ||||||
23 | under this Section because the petitioner has | ||||||
24 | submitted a drug test taken within 30 days before the | ||||||
25 | filing of the petition to expunge or seal that | ||||||
26 | indicates a positive test for the presence of cannabis |
| |||||||
| |||||||
1 | within the petitioner's body. In this subparagraph | ||||||
2 | (D), "cannabis" has the meaning ascribed to it in | ||||||
3 | Section 3 of the Cannabis Control Act. | ||||||
4 | (7) Hearings. If an objection is filed, the court | ||||||
5 | shall set a date for a hearing and notify the petitioner | ||||||
6 | and all parties entitled to notice of the petition of the | ||||||
7 | hearing date at least 30 days prior to the hearing. Prior | ||||||
8 | to the hearing, the State's Attorney shall consult with | ||||||
9 | the Illinois State Police as to the appropriateness of the | ||||||
10 | relief sought in the petition to expunge or seal. At the | ||||||
11 | hearing, the court shall hear evidence on whether the | ||||||
12 | petition should or should not be granted, and shall grant | ||||||
13 | or deny the petition to expunge or seal the records based | ||||||
14 | on the evidence presented at the hearing. The court may | ||||||
15 | consider the following: | ||||||
16 | (A) the strength of the evidence supporting the | ||||||
17 | defendant's conviction; | ||||||
18 | (B) the reasons for retention of the conviction | ||||||
19 | records by the State; | ||||||
20 | (C) the petitioner's age, criminal record history, | ||||||
21 | and employment history; | ||||||
22 | (D) the period of time between the petitioner's | ||||||
23 | arrest on the charge resulting in the conviction and | ||||||
24 | the filing of the petition under this Section; and | ||||||
25 | (E) the specific adverse consequences the | ||||||
26 | petitioner may be subject to if the petition is |
| |||||||
| |||||||
1 | denied. | ||||||
2 | (8) Service of order. After entering an order to | ||||||
3 | expunge or
seal records, the court must provide copies of | ||||||
4 | the order to the
Illinois State Police, in a form and | ||||||
5 | manner prescribed by the Illinois State Police,
to the | ||||||
6 | petitioner, to the State's Attorney or prosecutor
charged | ||||||
7 | with the duty of prosecuting the offense, to the
arresting | ||||||
8 | agency, to the chief legal officer of the unit of
local | ||||||
9 | government effecting the arrest, and to such other
| ||||||
10 | criminal justice agencies as may be ordered by the court. | ||||||
11 | (9) Implementation of order. | ||||||
12 | (A) Upon entry of an order to expunge records | ||||||
13 | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | ||||||
14 | both: | ||||||
15 | (i) the records shall be expunged (as defined | ||||||
16 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
17 | the Illinois State Police, and any other agency as | ||||||
18 | ordered by the court, within 60 days of the date of | ||||||
19 | service of the order, unless a motion to vacate, | ||||||
20 | modify, or reconsider the order is filed pursuant | ||||||
21 | to paragraph (12) of subsection (d) of this | ||||||
22 | 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 |
| |||||||
| |||||||
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 | and | ||||||
6 | (iii) in response to an inquiry for expunged | ||||||
7 | records, the court, the Illinois State Police, or | ||||||
8 | the agency receiving such inquiry, shall reply as | ||||||
9 | it does in response to inquiries when no records | ||||||
10 | ever existed. | ||||||
11 | (B) Upon entry of an order to expunge records | ||||||
12 | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | ||||||
13 | both: | ||||||
14 | (i) the records shall be expunged (as defined | ||||||
15 | in subsection (a)(1)(E)) by the arresting agency | ||||||
16 | and any other agency as ordered by the court, | ||||||
17 | within 60 days of the date of service of the order, | ||||||
18 | unless a motion to vacate, modify, or reconsider | ||||||
19 | the order is filed pursuant to paragraph (12) of | ||||||
20 | subsection (d) of this Section; | ||||||
21 | (ii) the records of the circuit court clerk | ||||||
22 | shall be impounded until further order of the | ||||||
23 | court upon good cause shown and the name of the | ||||||
24 | petitioner obliterated on the official index | ||||||
25 | required to be kept by the circuit court clerk | ||||||
26 | under Section 16 of the Clerks of Courts Act, but |
| |||||||
| |||||||
1 | the order shall not affect any index issued by the | ||||||
2 | circuit court clerk before the entry of the order; | ||||||
3 | (iii) the records shall be impounded by the
| ||||||
4 | Illinois State Police within 60 days of the date | ||||||
5 | of service of the order as ordered by the court, | ||||||
6 | unless a motion to vacate, modify, or reconsider | ||||||
7 | the order is filed pursuant to paragraph (12) of | ||||||
8 | subsection (d) of this Section; | ||||||
9 | (iv) records impounded by the Illinois State | ||||||
10 | Police may be disseminated by the Illinois State | ||||||
11 | Police only as required by law or to the arresting | ||||||
12 | authority, the State's Attorney, and the court | ||||||
13 | upon a later arrest for the same or a similar | ||||||
14 | offense or for the purpose of sentencing for any | ||||||
15 | subsequent felony, and to the Department of | ||||||
16 | Corrections upon conviction for any offense; and | ||||||
17 | (v) in response to an inquiry for such records | ||||||
18 | from anyone not authorized by law to access such | ||||||
19 | records, the court, the Illinois State Police, or | ||||||
20 | the agency receiving such inquiry shall reply as | ||||||
21 | it does in response to inquiries when no records | ||||||
22 | ever existed. | ||||||
23 | (B-5) Upon entry of an order to expunge records | ||||||
24 | under subsection (e-6): | ||||||
25 | (i) the records shall be expunged (as defined | ||||||
26 | in subsection (a)(1)(E)) by the arresting agency |
| |||||||
| |||||||
1 | and any other agency as ordered by the court, | ||||||
2 | within 60 days of the date of service of the order, | ||||||
3 | unless a motion to vacate, modify, or reconsider | ||||||
4 | the order is filed under paragraph (12) of | ||||||
5 | subsection (d) of this Section; | ||||||
6 | (ii) the records of the circuit court clerk | ||||||
7 | shall be impounded until further order of the | ||||||
8 | court upon good cause shown and the name of the | ||||||
9 | petitioner obliterated on the official index | ||||||
10 | required to be kept by the circuit court clerk | ||||||
11 | under Section 16 of the Clerks of Courts Act, but | ||||||
12 | the order shall not affect any index issued by the | ||||||
13 | circuit court clerk before the entry of the order; | ||||||
14 | (iii) the records shall be impounded by the
| ||||||
15 | Illinois State Police within 60 days of the date | ||||||
16 | of service of the order as ordered by the court, | ||||||
17 | unless a motion to vacate, modify, or reconsider | ||||||
18 | the order is filed under paragraph (12) of | ||||||
19 | subsection (d) of this Section; | ||||||
20 | (iv) records impounded by the Illinois State | ||||||
21 | Police may be disseminated by the Illinois State | ||||||
22 | Police only as required by law or to the arresting | ||||||
23 | authority, the State's Attorney, and the court | ||||||
24 | upon a later arrest for the same or a similar | ||||||
25 | offense or for the purpose of sentencing for any | ||||||
26 | subsequent felony, and to the Department of |
| |||||||
| |||||||
1 | Corrections upon conviction for any offense; and | ||||||
2 | (v) in response to an inquiry for these | ||||||
3 | records from anyone not authorized by law to | ||||||
4 | access the records, the court, the Illinois State | ||||||
5 | Police, or the agency receiving the inquiry shall | ||||||
6 | reply as it does in response to inquiries when no | ||||||
7 | records ever existed. | ||||||
8 | (C) Upon entry of an order to seal records under | ||||||
9 | subsection
(c), the arresting agency, any other agency | ||||||
10 | as ordered by the court, the Illinois State Police, | ||||||
11 | and the court shall seal the records (as defined in | ||||||
12 | subsection (a)(1)(K)). In response to an inquiry for | ||||||
13 | such records, from anyone not authorized by law to | ||||||
14 | access such records, the court, the Illinois State | ||||||
15 | Police, or the agency receiving such inquiry shall | ||||||
16 | reply as it does in response to inquiries when no | ||||||
17 | records ever existed. | ||||||
18 | (D) The Illinois State Police shall send written | ||||||
19 | notice to the petitioner of its compliance with each | ||||||
20 | order to expunge or seal records within 60 days of the | ||||||
21 | date of service of that order or, if a motion to | ||||||
22 | vacate, modify, or reconsider is filed, within 60 days | ||||||
23 | of service of the order resolving the motion, if that | ||||||
24 | order requires the Illinois State Police to expunge or | ||||||
25 | seal records. In the event of an appeal from the | ||||||
26 | circuit court order, the Illinois State Police shall |
| |||||||
| |||||||
1 | send written notice to the petitioner of its | ||||||
2 | compliance with an Appellate Court or Supreme Court | ||||||
3 | judgment to expunge or seal records within 60 days of | ||||||
4 | the issuance of the court's mandate. The notice is not | ||||||
5 | required while any motion to vacate, modify, or | ||||||
6 | reconsider, or any appeal or petition for | ||||||
7 | discretionary appellate review, is pending. | ||||||
8 | (E) Upon motion, the court may order that a sealed | ||||||
9 | judgment or other court record necessary to | ||||||
10 | demonstrate the amount of any legal financial | ||||||
11 | obligation due and owing be made available for the | ||||||
12 | limited purpose of collecting any legal financial | ||||||
13 | obligations owed by the petitioner that were | ||||||
14 | established, imposed, or originated in the criminal | ||||||
15 | proceeding for which those records have been sealed. | ||||||
16 | The records made available under this subparagraph (E) | ||||||
17 | shall not be entered into the official index required | ||||||
18 | to be kept by the circuit court clerk under Section 16 | ||||||
19 | of the Clerks of Courts Act and shall be immediately | ||||||
20 | re-impounded upon the collection of the outstanding | ||||||
21 | financial obligations. | ||||||
22 | (F) Notwithstanding any other provision of this | ||||||
23 | Section, a circuit court clerk may access a sealed | ||||||
24 | record for the limited purpose of collecting payment | ||||||
25 | for any legal financial obligations that were | ||||||
26 | established, imposed, or originated in the criminal |
| |||||||
| |||||||
1 | proceedings for which those records have been sealed. | ||||||
2 | (10) Fees. The Illinois State Police may charge the | ||||||
3 | petitioner a fee equivalent to the cost of processing any | ||||||
4 | order to expunge or seal records. Notwithstanding any | ||||||
5 | provision of the Clerks of Courts Act to the contrary, the | ||||||
6 | circuit court clerk may charge a fee equivalent to the | ||||||
7 | cost associated with the sealing or expungement of records | ||||||
8 | by the circuit court clerk. From the total filing fee | ||||||
9 | collected for the petition to seal or expunge, the circuit | ||||||
10 | court clerk shall deposit $10 into the Circuit Court Clerk | ||||||
11 | Operation and Administrative Fund, to be used to offset | ||||||
12 | the costs incurred by the circuit court clerk in | ||||||
13 | performing the additional duties required to serve the | ||||||
14 | petition to seal or expunge on all parties. The circuit | ||||||
15 | court clerk shall collect and remit the Illinois State | ||||||
16 | Police portion of the fee to the State Treasurer and it | ||||||
17 | shall be deposited in the State Police Services Fund. If | ||||||
18 | the record brought under an expungement petition was | ||||||
19 | previously sealed under this Section, the fee for the | ||||||
20 | expungement petition for that same record shall be waived. | ||||||
21 | (11) Final Order. No court order issued under the | ||||||
22 | expungement or sealing provisions of this Section shall | ||||||
23 | become final for purposes of appeal until 30 days after | ||||||
24 | service of the order on the petitioner and all parties | ||||||
25 | entitled to notice of the petition. | ||||||
26 | (12) Motion to Vacate, Modify, or Reconsider. Under |
| |||||||
| |||||||
1 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
2 | petitioner or any party entitled to notice may file a | ||||||
3 | motion to vacate, modify, or reconsider the order granting | ||||||
4 | or denying the petition to expunge or seal within 60 days | ||||||
5 | of service of the order. If filed more than 60 days after | ||||||
6 | service of the order, a petition to vacate, modify, or | ||||||
7 | reconsider shall comply with subsection (c) of Section | ||||||
8 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
9 | motion to vacate, modify, or reconsider, notice of the | ||||||
10 | motion shall be served upon the petitioner and all parties | ||||||
11 | entitled to notice of the petition. | ||||||
12 | (13) Effect of Order. An order granting a petition | ||||||
13 | under the expungement or sealing provisions of this | ||||||
14 | Section shall not be considered void because it fails to | ||||||
15 | comply with the provisions of this Section or because of | ||||||
16 | any error asserted in a motion to vacate, modify, or | ||||||
17 | reconsider. The circuit court retains jurisdiction to | ||||||
18 | determine whether the order is voidable and to vacate, | ||||||
19 | modify, or reconsider its terms based on a motion filed | ||||||
20 | under paragraph (12) of this subsection (d). | ||||||
21 | (14) Compliance with Order Granting Petition to Seal | ||||||
22 | Records. Unless a court has entered a stay of an order | ||||||
23 | granting a petition to seal, all parties entitled to | ||||||
24 | notice of the petition must fully comply with the terms of | ||||||
25 | the order within 60 days of service of the order even if a | ||||||
26 | party is seeking relief from the order through a motion |
| |||||||
| |||||||
1 | filed under paragraph (12) of this subsection (d) or is | ||||||
2 | appealing the order. | ||||||
3 | (15) Compliance with Order Granting Petition to | ||||||
4 | Expunge Records. While a party is seeking relief from the | ||||||
5 | order granting the petition to expunge through a motion | ||||||
6 | filed under paragraph (12) of this subsection (d) or is | ||||||
7 | appealing the order, and unless a court has entered a stay | ||||||
8 | of that order, the parties entitled to notice of the | ||||||
9 | petition must seal, but need not expunge, the records | ||||||
10 | until there is a final order on the motion for relief or, | ||||||
11 | in the case of an appeal, the issuance of that court's | ||||||
12 | mandate. | ||||||
13 | (16) The changes to this subsection (d) made by Public | ||||||
14 | Act 98-163 apply to all petitions pending on August 5, | ||||||
15 | 2013 (the effective date of Public Act 98-163) and to all | ||||||
16 | orders ruling on a petition to expunge or seal on or after | ||||||
17 | August 5, 2013 (the effective date of Public Act 98-163). | ||||||
18 | (e) Whenever a person who has been convicted of an offense | ||||||
19 | is granted
a pardon by the Governor which specifically | ||||||
20 | authorizes expungement, he or she may,
upon verified petition | ||||||
21 | to the Chief Judge of the circuit where the person had
been | ||||||
22 | convicted, any judge of the circuit designated by the Chief | ||||||
23 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
24 | presiding trial judge at the
defendant's trial, have a court | ||||||
25 | order entered expunging the record of
arrest from the official | ||||||
26 | records of the arresting authority and order that the
records |
| |||||||
| |||||||
1 | of the circuit court clerk and the Illinois State Police be | ||||||
2 | sealed until
further order of the court upon good cause shown | ||||||
3 | or as otherwise provided
herein, and the name of the defendant | ||||||
4 | obliterated from the official index
requested to be kept by | ||||||
5 | the circuit court clerk under Section 16 of the Clerks
of | ||||||
6 | Courts Act in connection with the arrest and conviction for | ||||||
7 | the offense for
which he or she had been pardoned but the order | ||||||
8 | shall not affect any index issued by
the circuit court clerk | ||||||
9 | before the entry of the order. All records sealed by
the | ||||||
10 | Illinois State Police may be disseminated by the Illinois | ||||||
11 | State Police only to the arresting authority, the State's | ||||||
12 | Attorney, and the court upon a later
arrest for the same or | ||||||
13 | similar offense or for the purpose of sentencing for any
| ||||||
14 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
15 | the Department
of Corrections shall have access to all sealed | ||||||
16 | records of the Illinois State Police
pertaining to that | ||||||
17 | individual. Upon entry of the order of expungement, the
| ||||||
18 | circuit court clerk shall promptly mail a copy of the order to | ||||||
19 | the
person who was pardoned. | ||||||
20 | (e-5) Whenever a person who has been convicted of an | ||||||
21 | offense is granted a certificate of eligibility for sealing by | ||||||
22 | the Prisoner Review Board which specifically authorizes | ||||||
23 | sealing, he or she may, upon verified petition to the Chief | ||||||
24 | Judge of the circuit where the person had been convicted, any | ||||||
25 | judge of the circuit designated by the Chief Judge, or in | ||||||
26 | counties of less than 3,000,000 inhabitants, the presiding |
| |||||||
| |||||||
1 | trial judge at the petitioner's trial, have a court order | ||||||
2 | entered sealing the record of arrest from the official records | ||||||
3 | of the arresting authority and order that the records of the | ||||||
4 | circuit court clerk and the Illinois State Police be sealed | ||||||
5 | until further order of the court upon good cause shown or as | ||||||
6 | otherwise provided herein, and the name of the petitioner | ||||||
7 | obliterated from the official index requested to be kept by | ||||||
8 | the circuit court clerk under Section 16 of the Clerks of | ||||||
9 | Courts Act in connection with the arrest and conviction for | ||||||
10 | the offense for which he or she had been granted the | ||||||
11 | certificate but the order shall not affect any index issued by | ||||||
12 | the circuit court clerk before the entry of the order. All | ||||||
13 | records sealed by the Illinois State Police may be | ||||||
14 | disseminated by the Illinois State Police only as required by | ||||||
15 | this Act or to the arresting authority, a law enforcement | ||||||
16 | agency, the State's Attorney, and the court upon a later | ||||||
17 | arrest for the same or similar offense or for the purpose of | ||||||
18 | sentencing for any subsequent felony. Upon conviction for any | ||||||
19 | subsequent offense, the Department of Corrections shall have | ||||||
20 | access to all sealed records of the Illinois State Police | ||||||
21 | pertaining to that individual. Upon entry of the order of | ||||||
22 | sealing, the circuit court clerk shall promptly mail a copy of | ||||||
23 | the order to the person who was granted the certificate of | ||||||
24 | eligibility for sealing. | ||||||
25 | (e-6) Whenever a person who has been convicted of an | ||||||
26 | offense is granted a certificate of eligibility for |
| |||||||
| |||||||
1 | expungement by the Prisoner Review Board 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 petitioner'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 Illinois State Police be | ||||||
10 | sealed until further order of the court upon good cause shown | ||||||
11 | or as otherwise provided herein, and the name of the | ||||||
12 | petitioner obliterated from the official index requested to be | ||||||
13 | kept by the circuit court clerk under Section 16 of the Clerks | ||||||
14 | of Courts Act in connection with the arrest and conviction for | ||||||
15 | the offense for which he or she had been granted the | ||||||
16 | certificate but the order shall not affect any index issued by | ||||||
17 | the circuit court clerk before the entry of the order. All | ||||||
18 | records sealed by the Illinois State Police may be | ||||||
19 | disseminated by the Illinois State Police only as required by | ||||||
20 | this Act or to the arresting authority, a law enforcement | ||||||
21 | agency, the State's Attorney, and the court upon a later | ||||||
22 | arrest for the same or similar offense or for the purpose of | ||||||
23 | sentencing for any subsequent felony. Upon conviction for any | ||||||
24 | subsequent offense, the Department of Corrections shall have | ||||||
25 | access to all expunged records of the Illinois State Police | ||||||
26 | pertaining to that individual. Upon entry of the order of |
| |||||||
| |||||||
1 | expungement, the circuit court clerk shall promptly mail a | ||||||
2 | copy of the order to the person who was granted the certificate | ||||||
3 | of eligibility for expungement. | ||||||
4 | (f) Subject to available funding, the Illinois Department
| ||||||
5 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
6 | especially on employment and recidivism rates, utilizing a
| ||||||
7 | random sample of those who apply for the sealing of their
| ||||||
8 | criminal records under Public Act 93-211. At the request of | ||||||
9 | the
Illinois Department of Corrections, records of the | ||||||
10 | Illinois
Department of Employment Security shall be utilized | ||||||
11 | as
appropriate to assist in the study. The study shall not
| ||||||
12 | disclose any data in a manner that would allow the
| ||||||
13 | identification of any particular individual or employing unit.
| ||||||
14 | The study shall be made available to the General Assembly no
| ||||||
15 | later than September 1, 2010.
| ||||||
16 | (g) Immediate Sealing. | ||||||
17 | (1) Applicability. Notwithstanding any other provision | ||||||
18 | of this Act to the contrary, and cumulative with any | ||||||
19 | rights to expungement or sealing of criminal records, this | ||||||
20 | subsection authorizes the immediate sealing of criminal | ||||||
21 | records of adults and of minors prosecuted as adults. | ||||||
22 | (2) Eligible Records. Arrests or charges not initiated | ||||||
23 | by arrest resulting in acquittal or dismissal with | ||||||
24 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
25 | that occur on or after January 1, 2018 (the effective date | ||||||
26 | of Public Act 100-282), may be sealed immediately if the |
| |||||||
| |||||||
1 | petition is filed with the circuit court clerk on the same | ||||||
2 | day and during the same hearing in which the case is | ||||||
3 | disposed. | ||||||
4 | (3) When Records are Eligible to be Immediately | ||||||
5 | Sealed. Eligible records under paragraph (2) of this | ||||||
6 | subsection (g) may be sealed immediately after entry of | ||||||
7 | the final disposition of a case, notwithstanding the | ||||||
8 | disposition of other charges in the same case. | ||||||
9 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
10 | entry of a disposition for an eligible record under this | ||||||
11 | subsection (g), the defendant shall be informed by the | ||||||
12 | court of his or her right to have eligible records | ||||||
13 | immediately sealed and the procedure for the immediate | ||||||
14 | sealing of these records. | ||||||
15 | (5) Procedure. The following procedures apply to | ||||||
16 | immediate sealing under this subsection (g). | ||||||
17 | (A) Filing the Petition. Upon entry of the final | ||||||
18 | disposition of the case, the defendant's attorney may | ||||||
19 | immediately petition the court, on behalf of the | ||||||
20 | defendant, for immediate sealing of eligible records | ||||||
21 | under paragraph (2) of this subsection (g) that are | ||||||
22 | entered on or after January 1, 2018 (the effective | ||||||
23 | date of Public Act 100-282). The immediate sealing | ||||||
24 | petition may be filed with the circuit court clerk | ||||||
25 | during the hearing in which the final disposition of | ||||||
26 | the case is entered. If the defendant's attorney does |
| |||||||
| |||||||
1 | not file the petition for immediate sealing during the | ||||||
2 | hearing, the defendant may file a petition for sealing | ||||||
3 | at any time as authorized under subsection (c)(3)(A). | ||||||
4 | (B) Contents of Petition. The immediate sealing | ||||||
5 | petition shall be verified and shall contain the | ||||||
6 | petitioner's name, date of birth, current address, and | ||||||
7 | for each eligible record, the case number, the date of | ||||||
8 | arrest if applicable, the identity of the arresting | ||||||
9 | authority if applicable, and other information as the | ||||||
10 | court may require. | ||||||
11 | (C) Drug Test. The petitioner shall not be | ||||||
12 | required to attach proof that he or she has passed a | ||||||
13 | drug test. | ||||||
14 | (D) Service of Petition. A copy of the petition | ||||||
15 | shall be served on the State's Attorney in open court. | ||||||
16 | The petitioner shall not be required to serve a copy of | ||||||
17 | the petition on any other agency. | ||||||
18 | (E) Entry of Order. The presiding trial judge | ||||||
19 | shall enter an order granting or denying the petition | ||||||
20 | for immediate sealing during the hearing in which it | ||||||
21 | is filed. Petitions for immediate sealing shall be | ||||||
22 | ruled on in the same hearing in which the final | ||||||
23 | disposition of the case is entered. | ||||||
24 | (F) Hearings. The court shall hear the petition | ||||||
25 | for immediate sealing on the same day and during the | ||||||
26 | same hearing in which the disposition is rendered. |
| |||||||
| |||||||
1 | (G) Service of Order. An order to immediately seal | ||||||
2 | eligible records shall be served in conformance with | ||||||
3 | subsection (d)(8). | ||||||
4 | (H) Implementation of Order. An order to | ||||||
5 | immediately seal records shall be implemented in | ||||||
6 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
7 | (I) Fees. The fee imposed by the circuit court | ||||||
8 | clerk and the Illinois State Police shall comply with | ||||||
9 | paragraph (1) of subsection (d) of this Section. | ||||||
10 | (J) Final Order. No court order issued under this | ||||||
11 | subsection (g) shall become final for purposes of | ||||||
12 | appeal until 30 days after service of the order on the | ||||||
13 | petitioner and all parties entitled to service of the | ||||||
14 | order in conformance with subsection (d)(8). | ||||||
15 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
16 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
17 | petitioner, State's Attorney, or the Illinois State | ||||||
18 | Police may file a motion to vacate, modify, or | ||||||
19 | reconsider the order denying the petition to | ||||||
20 | immediately seal within 60 days of service of the | ||||||
21 | order. If filed more than 60 days after service of the | ||||||
22 | order, a petition to vacate, modify, or reconsider | ||||||
23 | shall comply with subsection (c) of Section 2-1401 of | ||||||
24 | the Code of Civil Procedure. | ||||||
25 | (L) Effect of Order. An order granting an | ||||||
26 | immediate sealing petition shall not be considered |
| |||||||
| |||||||
1 | void because it fails to comply with the provisions of | ||||||
2 | this Section or because of an error asserted in a | ||||||
3 | motion to vacate, modify, or reconsider. The circuit | ||||||
4 | court retains jurisdiction to determine whether the | ||||||
5 | order is voidable, and to vacate, modify, or | ||||||
6 | reconsider its terms based on a motion filed under | ||||||
7 | subparagraph (L) of this subsection (g). | ||||||
8 | (M) Compliance with Order Granting Petition to | ||||||
9 | Seal Records. Unless a court has entered a stay of an | ||||||
10 | order granting a petition to immediately seal, all | ||||||
11 | parties entitled to service of the order must fully | ||||||
12 | comply with the terms of the order within 60 days of | ||||||
13 | service of the order. | ||||||
14 | (h) Sealing; trafficking victims. | ||||||
15 | (1) A trafficking victim as defined by paragraph (10) | ||||||
16 | of subsection (a) of Section 10-9 of the Criminal Code of | ||||||
17 | 2012 shall be eligible to petition for immediate sealing | ||||||
18 | of his or her criminal record upon the completion of his or | ||||||
19 | her last sentence if his or her participation in the | ||||||
20 | underlying offense was a direct result of human | ||||||
21 | trafficking under Section 10-9 of the Criminal Code of | ||||||
22 | 2012 or a severe form of trafficking under the federal | ||||||
23 | Trafficking Victims Protection Act. | ||||||
24 | (2) A petitioner under this subsection (h), in | ||||||
25 | addition to the requirements provided under paragraph (4) | ||||||
26 | of subsection (d) of this Section, shall include in his or |
| |||||||
| |||||||
1 | her petition a clear and concise statement that: (A) he or | ||||||
2 | she was a victim of human trafficking at the time of the | ||||||
3 | offense; and (B) that his or her participation in the | ||||||
4 | offense was a direct result of human trafficking under | ||||||
5 | Section 10-9 of the Criminal Code of 2012 or a severe form | ||||||
6 | of trafficking under the federal Trafficking Victims | ||||||
7 | Protection Act. | ||||||
8 | (3) If an objection is filed alleging that the | ||||||
9 | petitioner is not entitled to immediate sealing under this | ||||||
10 | subsection (h), the court shall conduct a hearing under | ||||||
11 | paragraph (7) of subsection (d) of this Section and the | ||||||
12 | court shall determine whether the petitioner is entitled | ||||||
13 | to immediate sealing under this subsection (h). A | ||||||
14 | petitioner is eligible for immediate relief under this | ||||||
15 | subsection (h) if he or she shows, by a preponderance of | ||||||
16 | the evidence, that: (A) he or she was a victim of human | ||||||
17 | trafficking at the time of the offense; and (B) that his or | ||||||
18 | her participation in the offense was a direct result of | ||||||
19 | human trafficking under Section 10-9 of the Criminal Code | ||||||
20 | of 2012 or a severe form of trafficking under the federal | ||||||
21 | Trafficking Victims Protection Act. | ||||||
22 | (i) Minor Cannabis Offenses under the Cannabis Control | ||||||
23 | Act. | ||||||
24 | (1) Expungement of Arrest Records of Minor Cannabis | ||||||
25 | Offenses. | ||||||
26 | (A) The Illinois State Police and all law |
| |||||||
| |||||||
1 | enforcement agencies within the State shall | ||||||
2 | automatically expunge all criminal history records of | ||||||
3 | an arrest, charge not initiated by arrest, order of | ||||||
4 | supervision, or order of qualified probation for a | ||||||
5 | Minor Cannabis Offense committed prior to June 25, | ||||||
6 | 2019 (the effective date of Public Act 101-27) if: | ||||||
7 | (i) One year or more has elapsed since the | ||||||
8 | date of the arrest or law enforcement interaction | ||||||
9 | documented in the records; and | ||||||
10 | (ii) No criminal charges were filed relating | ||||||
11 | to the arrest or law enforcement interaction or | ||||||
12 | criminal charges were filed and subsequently | ||||||
13 | dismissed or vacated or the arrestee was | ||||||
14 | acquitted. | ||||||
15 | (B) If the law enforcement agency is unable to | ||||||
16 | verify satisfaction of condition (ii) in paragraph | ||||||
17 | (A), records that satisfy condition (i) in paragraph | ||||||
18 | (A) shall be automatically expunged. | ||||||
19 | (C) Records shall be expunged by the law | ||||||
20 | enforcement agency under the following timelines: | ||||||
21 | (i) Records created prior to June 25, 2019 | ||||||
22 | (the effective date of Public Act 101-27), but on | ||||||
23 | or after January 1, 2013, shall be automatically | ||||||
24 | expunged prior to January 1, 2021; | ||||||
25 | (ii) Records created prior to January 1, 2013, | ||||||
26 | but on or after January 1, 2000, shall be |
| |||||||
| |||||||
1 | automatically expunged prior to January 1, 2023; | ||||||
2 | (iii) Records created prior to January 1, 2000 | ||||||
3 | shall be automatically expunged prior to January | ||||||
4 | 1, 2025. | ||||||
5 | In response to an inquiry for expunged records, | ||||||
6 | the law enforcement agency receiving such inquiry | ||||||
7 | shall reply as it does in response to inquiries when no | ||||||
8 | records ever existed; however, it shall provide a | ||||||
9 | certificate of disposition or confirmation that the | ||||||
10 | record was expunged to the individual whose record was | ||||||
11 | expunged if such a record exists. | ||||||
12 | (D) Nothing in this Section shall be construed to | ||||||
13 | restrict or modify an individual's right to have that | ||||||
14 | individual's records expunged except as otherwise may | ||||||
15 | be provided in this Act, or diminish or abrogate any | ||||||
16 | rights or remedies otherwise available to the | ||||||
17 | individual. | ||||||
18 | (2) Pardons Authorizing Expungement of Minor Cannabis | ||||||
19 | Offenses. | ||||||
20 | (A) Upon June 25, 2019 (the effective date of | ||||||
21 | Public Act 101-27), the Department of State Police | ||||||
22 | shall review all criminal history record information | ||||||
23 | and identify all records that meet all of the | ||||||
24 | following criteria: | ||||||
25 | (i) one or more convictions for a Minor | ||||||
26 | Cannabis Offense; |
| |||||||
| |||||||
1 | (ii) the conviction identified in paragraph | ||||||
2 | (2)(A)(i) did not include a penalty enhancement | ||||||
3 | under Section 7 of the Cannabis Control Act; and | ||||||
4 | (iii) the conviction identified in paragraph | ||||||
5 | (2)(A)(i) is not associated with a conviction for | ||||||
6 | a violent crime as defined in subsection (c) of | ||||||
7 | Section 3 of the Rights of Crime Victims and | ||||||
8 | Witnesses Act. | ||||||
9 | (B) Within 180 days after June 25, 2019 (the | ||||||
10 | effective date of Public Act 101-27), the Department | ||||||
11 | of State Police shall notify the Prisoner Review Board | ||||||
12 | of all such records that meet the criteria established | ||||||
13 | in paragraph (2)(A). | ||||||
14 | (i) The Prisoner Review Board shall notify the | ||||||
15 | State's Attorney of the county of conviction of | ||||||
16 | each record identified by State Police in | ||||||
17 | paragraph (2)(A) that is classified as a Class 4 | ||||||
18 | felony. The State's Attorney may provide a written | ||||||
19 | objection to the Prisoner Review Board on the sole | ||||||
20 | basis that the record identified does not meet the | ||||||
21 | criteria established in paragraph (2)(A). Such an | ||||||
22 | objection must be filed within 60 days or by such | ||||||
23 | later date set by the Prisoner Review Board in the | ||||||
24 | notice after the State's Attorney received notice | ||||||
25 | from the Prisoner Review Board. | ||||||
26 | (ii) In response to a written objection from a |
| |||||||
| |||||||
1 | State's Attorney, the Prisoner Review Board is | ||||||
2 | authorized to conduct a non-public hearing to | ||||||
3 | evaluate the information provided in the | ||||||
4 | objection. | ||||||
5 | (iii) The Prisoner Review Board shall make a | ||||||
6 | confidential and privileged recommendation to the | ||||||
7 | Governor as to whether to grant a pardon | ||||||
8 | authorizing expungement for each of the records | ||||||
9 | identified by the Department of State Police as | ||||||
10 | described in paragraph (2)(A). | ||||||
11 | (C) If an individual has been granted a pardon | ||||||
12 | authorizing expungement as described in this Section, | ||||||
13 | the Prisoner Review Board, through the Attorney | ||||||
14 | General, shall file a petition for expungement with | ||||||
15 | the Chief Judge of the circuit or any judge of the | ||||||
16 | circuit designated by the Chief Judge where the | ||||||
17 | individual had been convicted. Such petition may | ||||||
18 | include more than one individual. Whenever an | ||||||
19 | individual who has been convicted of an offense is | ||||||
20 | granted a pardon by the Governor that specifically | ||||||
21 | authorizes expungement, an objection to the petition | ||||||
22 | may not be filed. Petitions to expunge under this | ||||||
23 | subsection (i) may include more than one individual. | ||||||
24 | Within 90 days of the filing of such a petition, the | ||||||
25 | court shall enter an order expunging the records of | ||||||
26 | arrest from the official records of the arresting |
| |||||||
| |||||||
1 | authority and order that the records of the circuit | ||||||
2 | court clerk and the Illinois State Police be expunged | ||||||
3 | and the name of the defendant obliterated from the | ||||||
4 | official index requested to be kept by the circuit | ||||||
5 | court clerk under Section 16 of the Clerks of Courts | ||||||
6 | Act in connection with the arrest and conviction for | ||||||
7 | the offense for which the individual had received a | ||||||
8 | pardon but the order shall not affect any index issued | ||||||
9 | by the circuit court clerk before the entry of the | ||||||
10 | order. Upon entry of the order of expungement, the | ||||||
11 | circuit court clerk shall promptly provide a copy of | ||||||
12 | the order and a certificate of disposition to the | ||||||
13 | individual who was pardoned to the individual's last | ||||||
14 | known address or by electronic means (if available) or | ||||||
15 | otherwise make it available to the individual upon | ||||||
16 | request. | ||||||
17 | (D) Nothing in this Section is intended to | ||||||
18 | diminish or abrogate any rights or remedies otherwise | ||||||
19 | available to the individual. | ||||||
20 | (3) Any individual may file a motion to vacate and | ||||||
21 | expunge a conviction for a misdemeanor or Class 4 felony | ||||||
22 | violation of Section 4 or Section 5 of the Cannabis | ||||||
23 | Control Act. Motions to vacate and expunge under this | ||||||
24 | subsection (i) may be filed with the circuit court, Chief | ||||||
25 | Judge of a judicial circuit or any judge of the circuit | ||||||
26 | designated by the Chief Judge. The circuit court clerk |
| |||||||
| |||||||
1 | shall promptly serve a copy of the motion to vacate and | ||||||
2 | expunge, and any supporting documentation, on the State's | ||||||
3 | Attorney or prosecutor charged with the duty of | ||||||
4 | prosecuting the offense. When considering such a motion to | ||||||
5 | vacate and expunge, a court shall consider the following: | ||||||
6 | the reasons to retain the records provided by law | ||||||
7 | enforcement, the petitioner's age, the petitioner's age at | ||||||
8 | the time of offense, the time since the conviction, and | ||||||
9 | the specific adverse consequences if denied. An individual | ||||||
10 | may file such a petition after the completion of any | ||||||
11 | non-financial sentence or non-financial condition imposed | ||||||
12 | by the conviction. Within 60 days of the filing of such | ||||||
13 | motion, a State's Attorney may file an objection to such a | ||||||
14 | petition along with supporting evidence. If a motion to | ||||||
15 | 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. An agency providing civil legal | ||||||
18 | aid, as defined by Section 15 of the Public Interest | ||||||
19 | Attorney Assistance Act, assisting individuals seeking to | ||||||
20 | file a motion to vacate and expunge under this subsection | ||||||
21 | may file motions to vacate and expunge with the Chief | ||||||
22 | Judge of a judicial circuit or any judge of the circuit | ||||||
23 | designated by the Chief Judge, and the motion may include | ||||||
24 | more than one individual. Motions filed by an agency | ||||||
25 | providing civil legal aid concerning more than one | ||||||
26 | individual may be prepared, presented, and signed |
| |||||||
| |||||||
1 | electronically. | ||||||
2 | (4) Any State's Attorney may file a motion to vacate | ||||||
3 | and expunge a conviction for a misdemeanor or Class 4 | ||||||
4 | felony violation of Section 4 or Section 5 of the Cannabis | ||||||
5 | Control Act. Motions to vacate and expunge under this | ||||||
6 | subsection (i) may be filed with the circuit court, Chief | ||||||
7 | Judge of a judicial circuit or any judge of the circuit | ||||||
8 | designated by the Chief Judge, and may include more than | ||||||
9 | one individual. Motions filed by a State's Attorney | ||||||
10 | concerning more than one individual may be prepared, | ||||||
11 | presented, and signed electronically. When considering | ||||||
12 | such a motion to vacate and expunge, a court shall | ||||||
13 | consider the following: the reasons to retain the records | ||||||
14 | provided by law enforcement, the individual's age, the | ||||||
15 | individual's age at the time of offense, the time since | ||||||
16 | the conviction, and the specific adverse consequences if | ||||||
17 | denied. Upon entry of an order granting a motion to vacate | ||||||
18 | and expunge records pursuant to this Section, the State's | ||||||
19 | Attorney shall notify the Prisoner Review Board within 30 | ||||||
20 | days. Upon entry of the order of expungement, the circuit | ||||||
21 | court clerk shall promptly provide a copy of the order and | ||||||
22 | a certificate of disposition to the individual whose | ||||||
23 | records will be expunged to the individual's last known | ||||||
24 | address or by electronic means (if available) or otherwise | ||||||
25 | make available to the individual upon request. If a motion | ||||||
26 | to vacate and expunge is granted, the records shall be |
| |||||||
| |||||||
1 | expunged in accordance with subparagraphs (d)(8) and | ||||||
2 | (d)(9)(A) of this Section. | ||||||
3 | (5) In the public interest, the State's Attorney of a | ||||||
4 | county has standing to file motions to vacate and expunge | ||||||
5 | pursuant to this Section in the circuit court with | ||||||
6 | jurisdiction over the underlying conviction. | ||||||
7 | (6) If a person is arrested for a Minor Cannabis | ||||||
8 | Offense as defined in this Section before June 25, 2019 | ||||||
9 | (the effective date of Public Act 101-27) and the person's | ||||||
10 | case is still pending but a sentence has not been imposed, | ||||||
11 | the person may petition the court in which the charges are | ||||||
12 | pending for an order to summarily dismiss those charges | ||||||
13 | against him or her, and expunge all official records of | ||||||
14 | his or her arrest, plea, trial, conviction, incarceration, | ||||||
15 | supervision, or expungement. If the court determines, upon | ||||||
16 | review, that:
(A) the person was arrested before June 25, | ||||||
17 | 2019 (the effective date of Public Act 101-27) for an | ||||||
18 | offense that has been made eligible for expungement;
(B) | ||||||
19 | the case is pending at the time; and
(C) the person has not | ||||||
20 | been sentenced of the minor cannabis violation eligible | ||||||
21 | for expungement under this subsection, the court shall | ||||||
22 | consider the following: the reasons to retain the records | ||||||
23 | provided by law enforcement, the petitioner's age, the | ||||||
24 | petitioner's age at the time of offense, the time since | ||||||
25 | the conviction, and the specific adverse consequences if | ||||||
26 | denied. If a motion to dismiss and expunge is granted, the |
| |||||||
| |||||||
1 | records shall be expunged in accordance with subparagraph | ||||||
2 | (d)(9)(A) of this Section. | ||||||
3 | (7) A person imprisoned solely as a result of one or | ||||||
4 | more convictions for Minor Cannabis Offenses under this | ||||||
5 | subsection (i) shall be released from incarceration upon | ||||||
6 | the issuance of an order under this subsection. | ||||||
7 | (8) The Illinois State Police shall allow a person to | ||||||
8 | use the access and review process, established in the | ||||||
9 | Illinois State Police, for verifying that his or her | ||||||
10 | records relating to Minor Cannabis Offenses of the | ||||||
11 | Cannabis Control Act eligible under this Section have been | ||||||
12 | expunged. | ||||||
13 | (9) No conviction vacated pursuant to this Section | ||||||
14 | shall serve as the basis for damages for time unjustly | ||||||
15 | served as provided in the Court of Claims Act. | ||||||
16 | (10) Effect of Expungement. A person's right to | ||||||
17 | expunge an expungeable offense shall not be limited under | ||||||
18 | this Section. The effect of an order of expungement shall | ||||||
19 | be to restore the person to the status he or she occupied | ||||||
20 | before the arrest, charge, or conviction. | ||||||
21 | (11) Information. The Illinois State Police shall post | ||||||
22 | general information on its website about the expungement | ||||||
23 | process described in this subsection (i). | ||||||
24 | (j) Felony Prostitution Convictions. | ||||||
25 | (1) Any individual may file a motion to vacate and | ||||||
26 | expunge a conviction for a prior Class 4 felony violation |
| |||||||
| |||||||
1 | of prostitution. Motions to vacate and expunge under this | ||||||
2 | subsection (j) may be filed with the circuit court, Chief | ||||||
3 | Judge of a judicial circuit, or any judge of the circuit | ||||||
4 | designated by the Chief Judge. When considering the motion | ||||||
5 | to vacate and expunge, a court shall consider the | ||||||
6 | following: | ||||||
7 | (A) the reasons to retain the records provided by | ||||||
8 | law enforcement; | ||||||
9 | (B) the petitioner's age; | ||||||
10 | (C) the petitioner's age at the time of offense; | ||||||
11 | and | ||||||
12 | (D) the time since the conviction, and the | ||||||
13 | specific adverse consequences if denied. An individual | ||||||
14 | may file the petition after the completion of any | ||||||
15 | sentence or condition imposed by the conviction. | ||||||
16 | Within 60 days of the filing of the motion, a State's | ||||||
17 | Attorney may file an objection to the petition along | ||||||
18 | with supporting evidence. If a motion to vacate and | ||||||
19 | expunge is granted, the records shall be expunged in | ||||||
20 | accordance with subparagraph (d)(9)(A) of this | ||||||
21 | Section. An agency providing civil legal aid, as | ||||||
22 | defined in Section 15 of the Public Interest Attorney | ||||||
23 | Assistance Act, assisting individuals seeking to file | ||||||
24 | a motion to vacate and expunge under this subsection | ||||||
25 | may file motions to vacate and expunge with the Chief | ||||||
26 | Judge of a judicial circuit or any judge of the circuit |
| |||||||
| |||||||
1 | designated by the Chief Judge, and the motion may | ||||||
2 | include more than one individual. | ||||||
3 | (2) Any State's Attorney may file a motion to vacate | ||||||
4 | and expunge a conviction for a Class 4 felony violation of | ||||||
5 | prostitution. Motions to vacate and expunge under this | ||||||
6 | subsection (j) may be filed with the circuit court, Chief | ||||||
7 | Judge of a judicial circuit, or any judge of the circuit | ||||||
8 | court designated by the Chief Judge, and may include more | ||||||
9 | than one individual. When considering the motion to vacate | ||||||
10 | and expunge, a court shall consider the following reasons: | ||||||
11 | (A) the reasons to retain the records provided by | ||||||
12 | law enforcement; | ||||||
13 | (B) the petitioner's age; | ||||||
14 | (C) the petitioner's age at the time of offense; | ||||||
15 | (D) the time since the conviction; and | ||||||
16 | (E) the specific adverse consequences if denied. | ||||||
17 | If the State's Attorney files a motion to vacate and | ||||||
18 | expunge records for felony prostitution convictions | ||||||
19 | pursuant to this Section, the State's Attorney shall | ||||||
20 | notify the Prisoner Review Board within 30 days of the | ||||||
21 | filing. If a motion to vacate and expunge is granted, the | ||||||
22 | records shall be expunged in accordance with subparagraph | ||||||
23 | (d)(9)(A) of this Section. | ||||||
24 | (3) In the public interest, the State's Attorney of a | ||||||
25 | county has standing to file motions to vacate and expunge | ||||||
26 | pursuant to this Section in the circuit court with |
| |||||||
| |||||||
1 | jurisdiction over the underlying conviction. | ||||||
2 | (4) The Illinois State Police shall allow a person to | ||||||
3 | a use the access and review process, established in the | ||||||
4 | Illinois State Police, for verifying that his or her | ||||||
5 | records relating to felony prostitution eligible under | ||||||
6 | this Section have been expunged. | ||||||
7 | (5) No conviction vacated pursuant to this Section | ||||||
8 | shall serve as the basis for damages for time unjustly | ||||||
9 | served as provided in the Court of Claims Act. | ||||||
10 | (6) Effect of Expungement. A person's right to expunge | ||||||
11 | an expungeable offense shall not be limited under this | ||||||
12 | Section. The effect of an order of expungement shall be to | ||||||
13 | restore the person to the status he or she occupied before | ||||||
14 | the arrest, charge, or conviction. | ||||||
15 | (7) Information. The Illinois State Police shall post | ||||||
16 | general information on its website about the expungement | ||||||
17 | process described in this subsection (j). | ||||||
18 | (k) Convictions for Driving under a Suspended License for | ||||||
19 | Failure to Pay Support or to Comply with a Visitation Order. | ||||||
20 | (1) Expungement of arrest records for driving with a | ||||||
21 | driver's license suspended for failure to pay support or | ||||||
22 | to comply with a visitation order. | ||||||
23 | (A) A petitioner may petition the circuit court to
| ||||||
24 | expunge all criminal history records of
an arrest or | ||||||
25 | charge not initiated by arrest for a violation of | ||||||
26 | Section 6-303 of the Illinois Vehicle Code (driving |
| |||||||
| |||||||
1 | with a driver's license suspended for failure to pay | ||||||
2 | support or to comply with a visitation order as | ||||||
3 | provided in Section 7-702 of the Illinois Vehicle | ||||||
4 | Code) committed prior to January 1, 2019 if: | ||||||
5 | (i) one year or more has elapsed since the | ||||||
6 | date
of the arrest or law enforcement interaction
| ||||||
7 | documented in the records; and | ||||||
8 | (ii) no criminal charges were filed relating
| ||||||
9 | to the arrest or law enforcement interaction or
| ||||||
10 | criminal charges were filed and subsequently
| ||||||
11 | dismissed or vacated or the arrestee was
| ||||||
12 | acquitted. | ||||||
13 | (B) If the circuit court is unable to
verify | ||||||
14 | satisfaction of condition (ii) in subparagraph
(A), | ||||||
15 | records that satisfy condition (i) in subparagraph
(A) | ||||||
16 | may be expunged. | ||||||
17 | (C) Records shall be expunged under the
procedures | ||||||
18 | set forth in subparagraph (d)(9)(A). | ||||||
19 | (D) Nothing in this Section shall be construed to
| ||||||
20 | restrict or modify an individual's right to have that
| ||||||
21 | individual's records expunged, except as otherwise | ||||||
22 | provided in this Act, or diminish or abrogate any
| ||||||
23 | rights or remedies otherwise available to the
| ||||||
24 | individual. | ||||||
25 | (2) Pardons authorizing expungement for driving under | ||||||
26 | a suspended license for failure to pay support or to |
| |||||||
| |||||||
1 | comply with a visitation order. | ||||||
2 | (A) Upon the effective date of this amendatory Act
| ||||||
3 | of the 103rd General Assembly, the Illinois State
| ||||||
4 | Police shall review all criminal history record
| ||||||
5 | information and identify all records that meet all of
| ||||||
6 | the following criteria: | ||||||
7 | (i) one or more convictions for a violation of | ||||||
8 | Section 6-303 of the Illinois Vehicle Code | ||||||
9 | (driving with a driver's license suspended for | ||||||
10 | failure to pay support or to comply with a | ||||||
11 | visitation order as provided in Section 7-702 of | ||||||
12 | the Illinois Vehicle Code); and | ||||||
13 | (ii) the conviction identified in subdivision
| ||||||
14 | (2)(A)(i) is not associated with an arrest,
| ||||||
15 | conviction, or other disposition for a violent
| ||||||
16 | crime as defined in subsection (c) of Section 3 of
| ||||||
17 | the Rights of Crime Victims and Witnesses Act. | ||||||
18 | (B) Within 180 days after the effective date of
| ||||||
19 | this amendatory Act of the 103rd General Assembly, the
| ||||||
20 | Illinois State Police shall notify the Prisoner
Review | ||||||
21 | Board of all such records that meet the criteria
| ||||||
22 | established in subparagraph (2)(A). | ||||||
23 | The Prisoner Review Board shall notify the
| ||||||
24 | State's Attorney of the county of conviction of
| ||||||
25 | each record identified by the Illinois State | ||||||
26 | Police in
subparagraph (2)(A) that is classified |
| |||||||
| |||||||
1 | as a felony. The State's Attorney may provide a | ||||||
2 | written
objection to the Prisoner Review Board on | ||||||
3 | the sole
basis that the record identified does not | ||||||
4 | meet the
criteria established in subparagraph | ||||||
5 | (2)(A). Such an
objection must be filed within 60 | ||||||
6 | days or by such
later date set by the Prisoner | ||||||
7 | Review Board in the
notice after the State's | ||||||
8 | Attorney received notice
from the Prisoner Review | ||||||
9 | Board. | ||||||
10 | In response to a written objection from a
| ||||||
11 | State's Attorney, the Prisoner Review Board is
| ||||||
12 | authorized to conduct a nonpublic hearing to
| ||||||
13 | evaluate the information provided in the
| ||||||
14 | objection. | ||||||
15 | The Prisoner Review Board shall make a
| ||||||
16 | confidential and privileged recommendation to the
| ||||||
17 | Governor as to whether to grant a pardon
| ||||||
18 | authorizing expungement for each of the records
| ||||||
19 | identified by the Illinois State Police as
| ||||||
20 | described in subparagraph (2)(A). | ||||||
21 | (C) If an individual has been granted a pardon
| ||||||
22 | authorizing expungement as described in this Section,
| ||||||
23 | the Prisoner Review Board, through the Attorney
| ||||||
24 | General, shall file a petition for expungement with | ||||||
25 | the
Chief Judge of the circuit or any judge of the | ||||||
26 | circuit
designated by the Chief Judge where the |
| |||||||
| |||||||
1 | individual had
been convicted. The petition may | ||||||
2 | include more than one
individual. Whenever an | ||||||
3 | individual who has been
convicted of an offense is | ||||||
4 | granted a pardon by the
Governor that specifically | ||||||
5 | authorizes expungement, an
objection to the petition | ||||||
6 | may not be filed. Petitions
to expunge under this | ||||||
7 | subsection may include more
than one individual. | ||||||
8 | Within 90 days of the filing of
such a petition, the | ||||||
9 | court shall enter an order
expunging the records of | ||||||
10 | arrest from the official
records of the arresting | ||||||
11 | authority and order that the
records of the circuit | ||||||
12 | court clerk and the Illinois State Police be expunged | ||||||
13 | and the name of the
defendant obliterated from the | ||||||
14 | official index
requested to be kept by the circuit | ||||||
15 | court clerk under
Section 16 of the Clerks of Courts | ||||||
16 | Act in connection
with the arrest and conviction for | ||||||
17 | the offense for
which the individual had received a | ||||||
18 | pardon, but the
order shall not affect any index | ||||||
19 | issued by the circuit
court clerk before the entry of | ||||||
20 | the order. Upon entry
of the order of expungement, the | ||||||
21 | circuit court clerk
shall promptly provide a copy of | ||||||
22 | the order to the
individual who was pardoned to the | ||||||
23 | individual's last
known address or otherwise make | ||||||
24 | available to the
individual upon request. | ||||||
25 | (D) Nothing in this Section is intended to | ||||||
26 | diminish
or abrogate any rights or remedies otherwise |
| |||||||
| |||||||
1 | available
to the individual. | ||||||
2 | (3) Petition to vacate and
expunge by individual. Any | ||||||
3 | individual may file a petition to vacate and
expunge a | ||||||
4 | conviction for a misdemeanor or felony
violation of | ||||||
5 | Section 6-303 of the Illinois Vehicle Code for driving | ||||||
6 | with a driver's license suspended for failure to pay | ||||||
7 | support or to comply with a visitation order as provided | ||||||
8 | in Section 7-702 of that Code. Petitions to vacate and | ||||||
9 | expunge under this subsection may be filed with the | ||||||
10 | circuit court, Chief Judge of a
judicial circuit, or any | ||||||
11 | judge of the circuit designated by
the Chief Judge. When | ||||||
12 | considering such a petition to vacate
and expunge, a court | ||||||
13 | shall consider the following: the
reasons to retain the | ||||||
14 | records provided by law enforcement,
the petitioner's age, | ||||||
15 | the petitioner's age at the time of
the offense, the time | ||||||
16 | since the conviction, and the specific
adverse | ||||||
17 | consequences if denied. An individual may file such
a | ||||||
18 | petition after the completion of any sentence or
condition | ||||||
19 | imposed by the conviction. Within 60 days of the
filing of | ||||||
20 | such a petition, a State's Attorney may file an
objection | ||||||
21 | to the petition along with supporting
evidence. If a | ||||||
22 | petition to vacate and expunge is granted, the
records | ||||||
23 | shall be expunged in accordance with subparagraph
| ||||||
24 | (d)(9)(A). An agency providing civil legal
aid, as defined | ||||||
25 | in Section 15 of the Public Interest
Attorney Assistance | ||||||
26 | Act, assisting individuals seeking to
file a petition to |
| |||||||
| |||||||
1 | vacate and expunge under this subsection
may file a | ||||||
2 | petition to vacate and expunge with the Chief Judge
of a | ||||||
3 | judicial circuit or any judge of the circuit
designated by | ||||||
4 | the Chief Judge, and the petition may include
more than | ||||||
5 | one individual. | ||||||
6 | (4) Petition to vacate and
expunge by State's | ||||||
7 | Attorney. Any State's Attorney may file a petition to | ||||||
8 | vacate
and expunge a conviction for a misdemeanor or | ||||||
9 | felony violation of Section 6-303 of the Illinois Vehicle | ||||||
10 | Code for driving with a driver's license suspended for | ||||||
11 | failure to pay support or to comply with a visitation | ||||||
12 | order as provided in Section 7-702 of that Code. Petitions | ||||||
13 | to vacate and expunge under this
subsection may be filed | ||||||
14 | with the circuit court, Chief
Judge of a judicial circuit, | ||||||
15 | or any judge of the circuit
designated by the Chief Judge, | ||||||
16 | and may include more than
one individual. When considering | ||||||
17 | such a petition to vacate
and expunge, a court shall | ||||||
18 | consider the following: the
reasons to retain the records | ||||||
19 | provided by law enforcement,
the individual's age, the | ||||||
20 | individual's age at the time of
offense, the time since | ||||||
21 | the conviction, and the specific
adverse consequences if | ||||||
22 | denied. If the State's Attorney
files a petition under | ||||||
23 | this Section to vacate and expunge records for a violation | ||||||
24 | of Section 6-303 of the Illinois Vehicle Code for driving | ||||||
25 | with a driver's license suspended for failure to pay | ||||||
26 | support or to comply with a visitation order as provided |
| |||||||
| |||||||
1 | in Section 7-702 of that Code, the State's
Attorney shall | ||||||
2 | notify the Prisoner Review Board within 30
days of such a | ||||||
3 | filing. If a petition to vacate and expunge is
granted, | ||||||
4 | the records shall be expunged in accordance with
| ||||||
5 | subparagraph (d)(9)(A). | ||||||
6 | (5) Standing. In the public interest, the State's | ||||||
7 | Attorney of a
county has standing to file petitions to | ||||||
8 | vacate and expunge
under this Section in the circuit court | ||||||
9 | with
jurisdiction over the underlying conviction. | ||||||
10 | (6) Pending cases. If a person is arrested for a | ||||||
11 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
12 | for driving with a driver's license suspended for failure | ||||||
13 | to pay support or to comply with a visitation order as | ||||||
14 | provided in Section 7-702 of that Code before the | ||||||
15 | effective
date of this amendatory Act of the 103rd General | ||||||
16 | Assembly
and the person's case is still pending but a | ||||||
17 | sentence has
not been imposed, the person may file a | ||||||
18 | motion with the court in
which the charges are pending for | ||||||
19 | an order to summarily
dismiss those charges against him or | ||||||
20 | her and to expunge all
official records of his or her | ||||||
21 | arrest, plea, trial,
conviction, incarceration, | ||||||
22 | supervision, or expungement. The court may grant the | ||||||
23 | petition if
the court determines, upon review, that: (A) | ||||||
24 | the person was
arrested before the effective date of this | ||||||
25 | amendatory Act
of the 103rd General Assembly for an | ||||||
26 | offense that has been
made eligible for expungement; (B) |
| |||||||
| |||||||
1 | the case is pending; and (C) the person has not been | ||||||
2 | sentenced for a violation of Section 6-303 of the Illinois | ||||||
3 | Vehicle Code for driving with a driver's license suspended | ||||||
4 | for failure to pay support or to comply with a visitation | ||||||
5 | order as provided in Section 7-702 of that Code. When | ||||||
6 | considering a motion under
this subsection, the court | ||||||
7 | shall consider the following:
the reasons to retain the | ||||||
8 | records provided by law
enforcement, the petitioner's age, | ||||||
9 | the petitioner's age at
the time of the offense, the time | ||||||
10 | since the conviction, and the
specific adverse | ||||||
11 | consequences if denied. If a motion to
dismiss and expunge | ||||||
12 | is granted, the records shall be
expunged in accordance | ||||||
13 | with subparagraph (d)(9)(A). | ||||||
14 | (7) Incarcerated persons. A person imprisoned solely | ||||||
15 | as a result of one or
more convictions for a violation of | ||||||
16 | Section 6-303 of the Illinois Vehicle Code for driving | ||||||
17 | with a driver's license suspended for failure to pay | ||||||
18 | support or to comply with a visitation order as provided | ||||||
19 | in Section 7-702 of that Code shall be released from | ||||||
20 | incarceration upon
the issuance of an order under this | ||||||
21 | subsection. | ||||||
22 | (8) Verification of expungement. The Illinois State | ||||||
23 | Police shall allow a person
to use the access and review | ||||||
24 | process, established by the
Illinois State Police, for | ||||||
25 | verifying that his or her
eligible records relating to | ||||||
26 | violations of Section 6-303 of the Illinois Vehicle Code |
| |||||||
| |||||||
1 | for driving with a driver's license suspended for failure | ||||||
2 | to pay support or to comply with a visitation order as | ||||||
3 | provided in Section 7-702 of that Code have been expunged. | ||||||
4 | (9) Other claims. No conviction vacated under this | ||||||
5 | Section
shall serve as the basis for damages for time | ||||||
6 | unjustly
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. | ||||||
15 | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
16 | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | ||||||
17 | 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; | ||||||
18 | 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. | ||||||
19 | 5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)".
|