100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0233
 
Introduced , by Rep. La Shawn K. Ford
 
SYNOPSIS AS INTRODUCED:



 
20 ILCS 2630/5.2

 Amends the Criminal Identification Act. Provides that records of conviction for any non-violent offense or any criminal offense that did not result in bodily harm or death to another person may be sealed 10 years after the termination of the petitioner's last sentence. Defines "non-violent offense".



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A BILL FOR
 


HB0233LRB100 04159 SLF 14165 b



1 AN ACT concerning State government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Identification Act is amended by 
5changing Section 5.2 as follows:



6 (20 ILCS 2630/5.2)


7 Sec. 5.2. Expungement and sealing.
8 (a) General Provisions.
9  (1) Definitions. In this Act, words and phrases have

10 the meanings set forth in this subsection, except when a

11 particular context clearly requires a different meaning.
12   (A) The following terms shall have the meanings 
13 ascribed to them in the Unified Code of Corrections, 
14 730 ILCS 5/5-1-2 through 5/5-1-22:
15    (i) Business Offense (730 ILCS 5/5-1-2),
16    (ii) Charge (730 ILCS 5/5-1-3),
17    (iii) Court (730 ILCS 5/5-1-6),
18    (iv) Defendant (730 ILCS 5/5-1-7),
19    (v) Felony (730 ILCS 5/5-1-9),
20    (vi) Imprisonment (730 ILCS 5/5-1-10),
21    (vii) Judgment (730 ILCS 5/5-1-12),
22    (viii) Misdemeanor (730 ILCS 5/5-1-14),
23    (ix) Offense (730 ILCS 5/5-1-15),
 
 
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1    (x) Parole (730 ILCS 5/5-1-16),
2    (xi) Petty Offense (730 ILCS 5/5-1-17),
3    (xii) Probation (730 ILCS 5/5-1-18),
4    (xiii) Sentence (730 ILCS 5/5-1-19),
5    (xiv) Supervision (730 ILCS 5/5-1-21), and
6    (xv) Victim (730 ILCS 5/5-1-22).
7   (B) As used in this Section, "charge not initiated 
8 by arrest" means a charge (as defined by 730 ILCS 
9 5/5-1-3) brought against a defendant where the 
10 defendant is not arrested prior to or as a direct 
11 result of the charge.
12   (C) "Conviction" means a judgment of conviction or 
13 sentence entered upon a plea of guilty or upon a 
14 verdict or finding of guilty of an offense, rendered by 
15 a legally constituted jury or by a court of competent 
16 jurisdiction authorized to try the case without a jury. 
17 An order of supervision successfully completed by the 
18 petitioner is not a conviction. An order of qualified 
19 probation (as defined in subsection (a)(1)(J)) 
20 successfully completed by the petitioner is not a 
21 conviction. An order of supervision or an order of 
22 qualified probation that is terminated 
23 unsatisfactorily is a conviction, unless the 
24 unsatisfactory termination is reversed, vacated, or 
25 modified and the judgment of conviction, if any, is 
26 reversed or vacated.
 
 
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1   (D) "Criminal offense" means a petty offense, 
2 business offense, misdemeanor, felony, or municipal 
3 ordinance violation (as defined in subsection 
4 (a)(1)(H)). As used in this Section, a minor traffic 
5 offense (as defined in subsection (a)(1)(G)) shall not 
6 be considered a criminal offense.
7   (E) "Expunge" means to physically destroy the 
8 records or return them to the petitioner and to 
9 obliterate the petitioner's name from any official 
10 index or public record, or both. Nothing in this Act 
11 shall require the physical destruction of the circuit 
12 court file, but such records relating to arrests or 
13 charges, or both, ordered expunged shall be impounded 
14 as required by subsections (d)(9)(A)(ii) and 
15 (d)(9)(B)(ii).
16   (F) As used in this Section, "last sentence" means 
17 the sentence, order of supervision, or order of 
18 qualified probation (as defined by subsection 
19 (a)(1)(J)), for a criminal offense (as defined by 
20 subsection (a)(1)(D)) that terminates last in time in 
21 any jurisdiction, regardless of whether the petitioner 
22 has included the criminal offense for which the 
23 sentence or order of supervision or qualified 
24 probation was imposed in his or her petition. If 
25 multiple sentences, orders of supervision, or orders 
26 of qualified probation terminate on the same day and 
 
 
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1 are last in time, they shall be collectively considered 
2 the "last sentence" regardless of whether they were 
3 ordered to run concurrently.
4   (G) "Minor traffic offense" means a petty offense, 
5 business offense, or Class C misdemeanor under the 
6 Illinois Vehicle Code or a similar provision of a 
7 municipal or local ordinance.
8   (G-1) "Non-violent offense" means a criminal 
9 offense that is not a violent crime as defined in 
10 subsection (c) of Section 3 of the Rights of Crime 
11 Victims and Witnesses Act. 
12   (H) "Municipal ordinance violation" means an 
13 offense defined by a municipal or local ordinance that 
14 is criminal in nature and with which the petitioner was 
15 charged or for which the petitioner was arrested and 
16 released without charging.
17   (I) "Petitioner" means an adult or a minor 
18 prosecuted as an
adult who has applied for relief under 
19 this Section.
20   (J) "Qualified probation" means an order of 
21 probation under Section 10 of the Cannabis Control Act, 
22 Section 410 of the Illinois Controlled Substances Act, 
23 Section 70 of the Methamphetamine Control and 
24 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
25 of the Unified Code of Corrections, Section 
26 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
 
 
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1 those provisions existed before their deletion by 
2 Public Act 89-313), Section 10-102 of the Illinois 
3 Alcoholism and Other Drug Dependency Act, Section 
4 40-10 of the Alcoholism and Other Drug Abuse and 
5 Dependency Act, or Section 10 of the Steroid Control 
6 Act. For the purpose of this Section, "successful 
7 completion" of an order of qualified probation under 
8 Section 10-102 of the Illinois Alcoholism and Other 
9 Drug Dependency Act and Section 40-10 of the Alcoholism 
10 and Other Drug Abuse and Dependency Act means that the 
11 probation was terminated satisfactorily and the 
12 judgment of conviction was vacated.
13   (K) "Seal" means to physically and electronically 
14 maintain the records, unless the records would 
15 otherwise be destroyed due to age, but to make the 
16 records unavailable without a court order, subject to 
17 the exceptions in Sections 12 and 13 of this Act. The 
18 petitioner's name shall also be obliterated from the 
19 official index required to be kept by the circuit court 
20 clerk under Section 16 of the Clerks of Courts Act, but 
21 any index issued by the circuit court clerk before the 
22 entry of the order to seal shall not be affected.
23   (L) "Sexual offense committed against a minor" 
24 includes but is
not limited to the offenses of indecent 
25 solicitation of a child
or criminal sexual abuse when 
26 the victim of such offense is
under 18 years of age.
 
 
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1   (M) "Terminate" as it relates to a sentence or 
2 order of supervision or qualified probation includes 
3 either satisfactory or unsatisfactory termination of 
4 the sentence, unless otherwise specified in this 
5 Section.
6  (2) Minor Traffic Offenses.
Orders of supervision or 
7 convictions for minor traffic offenses shall not affect a 
8 petitioner's eligibility to expunge or seal records 
9 pursuant to this Section.
10  (2.5) Commencing 180 days after July 29, 2016 (the 
11 effective date of Public Act 99-697) this amendatory Act of 
12 the 99th General Assembly, the law enforcement agency 
13 issuing the citation shall automatically expunge, on or 
14 before January 1 and July 1 of each year, the law 
15 enforcement records of a person found to have committed a 
16 civil law violation of subsection (a) of Section 4 of the 
17 Cannabis Control Act or subsection (c) of Section 3.5 of 
18 the Drug Paraphernalia Control Act in the law enforcement 
19 agency's possession or control and which contains the final 
20 satisfactory disposition which pertain to the person 
21 issued a citation for that offense.
The law enforcement 
22 agency shall provide by rule the process for access, 
23 review, and to confirm the automatic expungement by the law 
24 enforcement agency issuing the citation.
Commencing 180 
25 days after July 29, 2016 (the effective date of Public Act 
26 99-697) this amendatory Act of the 99th General Assembly, 
 
 
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1 the clerk of the circuit court shall expunge, upon order of 
2 the court, or in the absence of a court order on or before 
3 January 1 and July 1 of each year, the court records of a 
4 person found in the circuit court to have committed a civil 
5 law violation of subsection (a) of Section 4 of the 
6 Cannabis Control Act or subsection (c) of Section 3.5 of 
7 the Drug Paraphernalia Control Act in the clerk's 
8 possession or control and which contains the final 
9 satisfactory disposition which pertain to the person 
10 issued a citation for any of those offenses. 
11  (3) Exclusions. Except as otherwise provided in 
12 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
13 of this Section, the court shall not order:
14   (A) the sealing or expungement of the records of 
15 arrests or charges not initiated by arrest that result 
16 in an order of supervision for or conviction of:
(i) 
17 any sexual offense committed against a
minor; (ii) 
18 Section 11-501 of the Illinois Vehicle Code or a 
19 similar provision of a local ordinance; or (iii) 
20 Section 11-503 of the Illinois Vehicle Code or a 
21 similar provision of a local ordinance, unless the 
22 arrest or charge is for a misdemeanor violation of 
23 subsection (a) of Section 11-503 or a similar provision 
24 of a local ordinance, that occurred prior to the 
25 offender reaching the age of 25 years and the offender 
26 has no other conviction for violating Section 11-501 or 
 
 
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1 11-503 of the Illinois Vehicle Code or a similar 
2 provision of a local ordinance.
3   (B) the sealing or expungement of records of minor 
4 traffic offenses (as defined in subsection (a)(1)(G)), 
5 unless the petitioner was arrested and released 
6 without charging.
7   (C) the sealing of the records of arrests or 
8 charges not initiated by arrest which result in an 
9 order of supervision or a conviction for the following 
10 offenses:
11    (i) offenses included in Article 11 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012 
13 or a similar provision of a local ordinance, except 
14 Section 11-14 of the Criminal Code of 1961 or the 
15 Criminal Code of 2012, or a similar provision of a 
16 local ordinance;
17    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
18 26-5, or 48-1 of the Criminal Code of 1961 or the 
19 Criminal Code of 2012, or a similar provision of a 
20 local ordinance;
21    (iii) Sections 12-3.1 or 12-3.2 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012, 
23 or Section 125 of the Stalking No Contact Order 
24 Act, or Section 219 of the Civil No Contact Order 
25 Act, or a similar provision of a local ordinance;
26    (iv) offenses which are Class A misdemeanors 
 
 
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1 under the Humane Care for Animals Act; or
2    (v) any offense or attempted offense that 
3 would subject a person to registration under the 
4 Sex Offender Registration Act.
5   (D) the sealing of the records of an arrest which 
6 results in
the petitioner being charged with a felony 
7 offense or records of a charge not initiated by arrest 
8 for a felony offense unless:
9    (i) the charge is amended to a misdemeanor and 
10 is otherwise
eligible to be sealed pursuant to 
11 subsection (c);
12    (ii) the charge is brought along with another 
13 charge as a part of one case and the charge results 
14 in acquittal, dismissal, or conviction when the 
15 conviction was reversed or vacated, and another 
16 charge brought in the same case results in a 
17 disposition for a misdemeanor offense that is 
18 eligible to be sealed pursuant to subsection (c) or 
19 a disposition listed in paragraph (i), (iii), or 
20 (iv) of this subsection; 
21    (iii) the charge results in first offender 
22 probation as set forth in subsection (c)(2)(E);
23    (iv) the charge is for a felony offense listed 
24 in subsection (c)(2)(F) or the charge is amended to 
25 a felony offense listed in subsection (c)(2)(F);
26    (v) the charge results in acquittal, 
 
 
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1 dismissal, or the petitioner's release without 
2 conviction; or
3    (vi) the charge results in a conviction, but 
4 the conviction was reversed or vacated. 
5 (b) Expungement.
6  (1) A petitioner may petition the circuit court to 
7 expunge the
records of his or her arrests and charges not 
8 initiated by arrest when each arrest or charge not 
9 initiated by arrest
sought to be expunged resulted in:
(i) 
10 acquittal, dismissal, or the petitioner's release without 
11 charging, unless excluded by subsection (a)(3)(B);
(ii) a 
12 conviction which was vacated or reversed, unless excluded 
13 by subsection (a)(3)(B);
(iii) an order of supervision and 
14 such supervision was successfully completed by the 
15 petitioner, unless excluded by subsection (a)(3)(A) or 
16 (a)(3)(B); or
(iv) an order of qualified probation (as 
17 defined in subsection (a)(1)(J)) and such probation was 
18 successfully completed by the petitioner.
19  (1.5) When a petitioner seeks to have a record of 
20 arrest expunged under this Section, and the offender has 
21 been convicted of a criminal offense, the State's Attorney 
22 may object to the expungement on the grounds that the 
23 records contain specific relevant information aside from 
24 the mere fact of the arrest. 
25  (2) Time frame for filing a petition to expunge.
26   (A) When the arrest or charge not initiated by 
 
 
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1 arrest sought to be expunged resulted in an acquittal, 
2 dismissal, the petitioner's release without charging, 
3 or the reversal or vacation of a conviction, there is 
4 no waiting period to petition for the expungement of 
5 such records.
6   (B) When the arrest or charge not initiated by 
7 arrest
sought to be expunged resulted in an order of 
8 supervision, successfully
completed by the petitioner, 
9 the following time frames will apply:
10    (i) Those arrests or charges that resulted in 
11 orders of
supervision under Section 3-707, 3-708, 
12 3-710, or 5-401.3 of the Illinois Vehicle Code or a 
13 similar provision of a local ordinance, or under 
14 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
15 Code of 1961 or the Criminal Code of 2012, or a 
16 similar provision of a local ordinance, shall not 
17 be eligible for expungement until 5 years have 
18 passed following the satisfactory termination of 
19 the supervision.
20    (i-5) Those arrests or charges that resulted 
21 in orders of supervision for a misdemeanor 
22 violation of subsection (a) of Section 11-503 of 
23 the Illinois Vehicle Code or a similar provision of 
24 a local ordinance, that occurred prior to the 
25 offender reaching the age of 25 years and the 
26 offender has no other conviction for violating 
 
 
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1 Section 11-501 or 11-503 of the Illinois Vehicle 
2 Code or a similar provision of a local ordinance 
3 shall not be eligible for expungement until the 
4 petitioner has reached the age of 25 years. 
5    (ii) Those arrests or charges that resulted in 
6 orders
of supervision for any other offenses shall 
7 not be
eligible for expungement until 2 years have 
8 passed
following the satisfactory termination of 
9 the supervision.
10   (C) When the arrest or charge not initiated by 
11 arrest sought to
be expunged resulted in an order of 
12 qualified probation, successfully
completed by the 
13 petitioner, such records shall not be eligible for

14 expungement until 5 years have passed following the 
15 satisfactory
termination of the probation.
16  (3) Those records maintained by the Department for

17 persons arrested prior to their 17th birthday shall be

18 expunged as provided in Section 5-915 of the Juvenile Court

19 Act of 1987.
20  (4) Whenever a person has been arrested for or 
21 convicted of any
offense, in the name of a person whose 
22 identity he or she has stolen or otherwise
come into 
23 possession of, the aggrieved person from whom the identity

24 was stolen or otherwise obtained without authorization,

25 upon learning of the person having been arrested using his

26 or her identity, may, upon verified petition to the chief 
 
 
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1 judge of
the circuit wherein the arrest was made, have a 
2 court order
entered nunc pro tunc by the Chief Judge to 
3 correct the
arrest record, conviction record, if any, and 
4 all official
records of the arresting authority, the 
5 Department, other
criminal justice agencies, the 
6 prosecutor, and the trial
court concerning such arrest, if 
7 any, by removing his or her name
from all such records in 
8 connection with the arrest and
conviction, if any, and by 
9 inserting in the records the
name of the offender, if known 
10 or ascertainable, in lieu of
the aggrieved's name. The 
11 records of the circuit court clerk shall be sealed until 
12 further order of
the court upon good cause shown and the 
13 name of the
aggrieved person obliterated on the official 
14 index
required to be kept by the circuit court clerk under

15 Section 16 of the Clerks of Courts Act, but the order shall

16 not affect any index issued by the circuit court clerk

17 before the entry of the order. Nothing in this Section

18 shall limit the Department of State Police or other

19 criminal justice agencies or prosecutors from listing

20 under an offender's name the false names he or she has

21 used.
22  (5) Whenever a person has been convicted of criminal

23 sexual assault, aggravated criminal sexual assault,

24 predatory criminal sexual assault of a child, criminal

25 sexual abuse, or aggravated criminal sexual abuse, the

26 victim of that offense may request that the State's

 
 
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1 Attorney of the county in which the conviction occurred

2 file a verified petition with the presiding trial judge at

3 the petitioner's trial to have a court order entered to 
4 seal
the records of the circuit court clerk in connection

5 with the proceedings of the trial court concerning that

6 offense. However, the records of the arresting authority

7 and the Department of State Police concerning the offense

8 shall not be sealed. The court, upon good cause shown,

9 shall make the records of the circuit court clerk in

10 connection with the proceedings of the trial court

11 concerning the offense available for public inspection.
12  (6) If a conviction has been set aside on direct review

13 or on collateral attack and the court determines by clear

14 and convincing evidence that the petitioner was factually

15 innocent of the charge, the court that finds the petitioner 
16 factually innocent of the charge shall enter an
expungement 
17 order for the conviction for which the petitioner has been 
18 determined to be innocent as provided in subsection (b) of 
19 Section
5-5-4 of the Unified Code of Corrections.
20  (7) Nothing in this Section shall prevent the 
21 Department of
State Police from maintaining all records of 
22 any person who
is admitted to probation upon terms and 
23 conditions and who
fulfills those terms and conditions 
24 pursuant to Section 10
of the Cannabis Control Act, Section 
25 410 of the Illinois
Controlled Substances Act, Section 70 
26 of the
Methamphetamine Control and Community Protection 
 
 
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1 Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
2 Corrections, Section 12-4.3 or subdivision (b)(1) of 
3 Section 12-3.05 of the Criminal Code of 1961 or the 
4 Criminal Code of 2012, Section 10-102
of the Illinois 
5 Alcoholism and Other Drug Dependency Act,
Section 40-10 of 
6 the Alcoholism and Other Drug Abuse and
Dependency Act, or 
7 Section 10 of the Steroid Control Act.
8  (8) If the petitioner has been granted a certificate of 
9 innocence under Section 2-702 of the Code of Civil 
10 Procedure, the court that grants the certificate of 
11 innocence shall also enter an order expunging the 
12 conviction for which the petitioner has been determined to 
13 be innocent as provided in subsection (h) of Section 2-702 
14 of the Code of Civil Procedure.
15 (c) Sealing.
16  (1) Applicability. Notwithstanding any other provision 
17 of this Act to the contrary, and cumulative with any rights 
18 to expungement of criminal records, this subsection 
19 authorizes the sealing of criminal records of adults and of 
20 minors prosecuted as adults.
21  (2) Eligible Records. The following records may be 
22 sealed:
23   (A) All arrests resulting in release without 
24 charging;
25   (B) Arrests or charges not initiated by arrest 
26 resulting in acquittal, dismissal, or conviction when 
 
 
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1 the conviction was reversed or vacated, except as 
2 excluded by subsection (a)(3)(B);
3   (C) Arrests or charges not initiated by arrest 
4 resulting in orders of supervision, including orders 
5 of supervision for municipal ordinance violations, 
6 successfully completed by the petitioner, unless 
7 excluded by subsection (a)(3);
8   (D) Arrests or charges not initiated by arrest 
9 resulting in convictions, including convictions on 
10 municipal ordinance violations, unless excluded by 
11 subsection (a)(3);
12   (E) Arrests or charges not initiated by arrest 
13 resulting in orders of first offender probation under 
14 Section 10 of the Cannabis Control Act, Section 410 of 
15 the Illinois Controlled Substances Act, Section 70 of 
16 the Methamphetamine Control and Community Protection 
17 Act, or Section 5-6-3.3 of the Unified Code of 
18 Corrections; and
19   (F) Arrests or charges not initiated by arrest 
20 resulting in felony convictions for the following 
21 offenses:
22    (i) Class 4 felony convictions for: 
23     Prostitution under Section 11-14 of the 
24 Criminal Code of 1961 or the Criminal Code of 
25 2012. 
26     Possession of cannabis under Section 4 of 
 
 
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1 the Cannabis Control Act. 
2     Possession of a controlled substance under 
3 Section 402 of the Illinois Controlled 
4 Substances Act. 
5     Offenses under the Methamphetamine 
6 Precursor Control Act. 
7     Offenses under the Steroid Control Act. 
8     Theft under Section 16-1 of the Criminal 
9 Code of 1961 or the Criminal Code of 2012. 
10     Retail theft under Section 16A-3 or 
11 paragraph (a) of 16-25 of the Criminal Code of 
12 1961 or the Criminal Code of 2012. 
13     Deceptive practices under Section 17-1 of 
14 the Criminal Code of 1961 or the Criminal Code 
15 of 2012. 
16     Forgery under Section 17-3 of the Criminal 
17 Code of 1961 or the Criminal Code of 2012. 
18     Possession of burglary tools under Section 
19 19-2 of the Criminal Code of 1961 or the 
20 Criminal Code of 2012. 
21    (ii) Class 3 felony convictions for: 
22     Theft under Section 16-1 of the Criminal 
23 Code of 1961 or the Criminal Code of 2012. 
24     Retail theft under Section 16A-3 or 
25 paragraph (a) of 16-25 of the Criminal Code of 
26 1961 or the Criminal Code of 2012. 
 
 
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1     Deceptive practices under Section 17-1 of 
2 the Criminal Code of 1961 or the Criminal Code 
3 of 2012. 
4     Forgery under Section 17-3 of the Criminal 
5 Code of 1961 or the Criminal Code of 2012. 
6     Possession with intent to manufacture or 
7 deliver a controlled substance under Section 
8 401 of the Illinois Controlled Substances Act. 
9    (iii) Convictions for any non-violent criminal 
10 offense. 
11    (iv) Convictions for any criminal offense that 
12 did not result in bodily harm or death to another 
13 person. 
14  (3) When Records Are Eligible to Be Sealed. Records 
15 identified as eligible under subsection (c)(2) may be 
16 sealed as follows:
17   (A) Records identified as eligible under 
18 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any 
19 time.
20   (B) Except as otherwise provided in subparagraph 
21 (E) of this paragraph (3), records identified as 
22 eligible under subsection (c)(2)(C) may be sealed
2 
23 years after the termination of petitioner's last 
24 sentence (as defined in subsection (a)(1)(F)).
25   (C) Except as otherwise provided in subparagraph 
26 (E) of this paragraph (3), records identified as 
 
 
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1 eligible under subsections (c)(2)(D), (c)(2)(E), and 
2 (c)(2)(F), other than subsection (c)(2)(F)(iii) or 
3 c)(2)(F)(iv), may be sealed 3 years after the 
4 termination of the petitioner's last sentence (as 
5 defined in subsection (a)(1)(F)).
6   (D) Records identified in subsection 
7 (a)(3)(A)(iii) may be sealed after the petitioner has 
8 reached the age of 25 years. 
9   (E) Records identified as eligible under 
10 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or 
11 (c)(2)(F) may be sealed upon termination of the 
12 petitioner's last sentence if the petitioner earned a 
13 high school diploma, associate's degree, career 
14 certificate, vocational technical certification, or 
15 bachelor's degree, or passed the high school level Test 
16 of General Educational Development, during the period 
17 of his or her sentence, aftercare release, or mandatory 
18 supervised release. This subparagraph shall apply only 
19 to a petitioner who has not completed the same 
20 educational goal prior to the period of his or her 
21 sentence, aftercare release, or mandatory supervised 
22 release. If a petition for sealing eligible records 
23 filed under this subparagraph is denied by the court, 
24 the time periods under subparagraph (B) or (C) shall 
25 apply to any subsequent petition for sealing filed by 
26 the petitioner.
 
 
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1   (F) Records identified as eligible under 
2 subsection (c)(2)(F)(iii) or (c)(2)(F)(iv) may be 
3 sealed 10 years after the termination of the 
4 petitioner's last sentence (as defined in subsection 
5 (a)(1)(F)). 
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 felony 
12 offense, order the unsealing of prior felony conviction 
13 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 the 
18 sealing of the records.
19 (d) Procedure. The following procedures apply to 
20expungement under subsections (b), (e), and (e-6) and sealing 
21under 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 
 
 
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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.
In a county of 
9 3,000,000 or more inhabitants, no fee shall be required to 
10 be paid by a petitioner if the records sought to be 
11 expunged or sealed were arrests resulting in release 
12 without charging or arrests or charges not initiated by 
13 arrest resulting in acquittal, dismissal, or conviction 
14 when the conviction was reversed or vacated, unless 
15 excluded by subsection (a)(3)(B). The provisions of this 
16 paragraph (1.5), other than this sentence, are inoperative 
17 on and after January 1, 2018 or one year after January 1, 
18 2017 (the effective date of Public Act 99-881) this 
19 amendatory Act of the 99th General Assembly, whichever is 
20 later. 
21  (2) Contents of petition. The petition shall be

22 verified and shall contain the petitioner's name, date of

23 birth, current address and, for each arrest or charge not 
24 initiated by
arrest sought to be sealed or expunged, the 
25 case number, the date of
arrest (if any), the identity of 
26 the arresting authority, and such
other information as the 
 
 
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1 court may require. During the pendency
of the proceeding, 
2 the petitioner shall promptly notify the
circuit court 
3 clerk of any change of his or her address. If the 
4 petitioner has received a certificate of eligibility for 
5 sealing from the Prisoner Review Board under paragraph (10) 
6 of subsection (a) of Section 3-3-2 of the Unified Code of 
7 Corrections, the certificate shall be attached to the 
8 petition.
9  (3) Drug test. The petitioner must attach to the 
10 petition proof that the petitioner has passed a test taken 
11 within 30 days before the filing of the petition showing 
12 the absence within his or her body of all illegal 
13 substances as defined by the Illinois Controlled 
14 Substances Act, the Methamphetamine Control and Community 
15 Protection Act, and the Cannabis Control Act if he or she 
16 is petitioning to:
17   (A) seal felony records under clause (c)(2)(E);
18   (B) seal felony records for a violation of the 
19 Illinois Controlled Substances Act, the 
20 Methamphetamine Control and Community Protection Act, 
21 or the Cannabis Control Act under clause (c)(2)(F);
22   (C) seal felony records under subsection (e-5); or 
23   (D) expunge felony records of a qualified 
24 probation under clause (b)(1)(iv).
25  (4) Service of petition. The circuit court clerk shall 
26 promptly
serve a copy of the petition and documentation to 
 
 
HB0233- 23 -LRB100 04159 SLF 14165 b


1 support the petition under subsection (e-5) or (e-6) on the 
2 State's Attorney or
prosecutor charged with the duty of 
3 prosecuting the
offense, the Department of State Police, 
4 the arresting
agency and the chief legal officer of the 
5 unit of local
government effecting the arrest.
6  (5) Objections.
7   (A) Any party entitled to notice of the petition 
8 may file an objection to the petition. All objections 
9 shall be in writing, shall be filed with the circuit 
10 court clerk, and shall state with specificity the basis 
11 of the objection. Whenever a person who has been 
12 convicted of an offense is granted
a pardon by the 
13 Governor which specifically authorizes expungement, an 
14 objection to the petition may not be filed.
15   (B) Objections to a petition to expunge or seal 
16 must be filed within 60 days of the date of service of 
17 the petition.
18  (6) Entry of order.
19   (A) The Chief Judge of the circuit wherein the 
20 charge was brought, any judge of that circuit 
21 designated by the Chief Judge, or in counties of less 
22 than 3,000,000 inhabitants, the presiding trial judge 
23 at the petitioner's trial, if any, shall rule on the 
24 petition to expunge or seal as set forth in this 
25 subsection (d)(6).
26   (B) Unless the State's Attorney or prosecutor, the 
 
 
HB0233- 24 -LRB100 04159 SLF 14165 b


1 Department of
State Police, the arresting agency, or 
2 the chief legal officer
files an objection to the 
3 petition to expunge or seal within 60 days from the 
4 date of service of the petition, the court shall enter 
5 an order granting or denying the petition.
6  (7) Hearings. If an objection is filed, the court shall 
7 set a date for a hearing and notify the petitioner and all 
8 parties entitled to notice of the petition of the hearing 
9 date at least 30 days prior to the hearing. Prior to the 
10 hearing, the State's Attorney shall consult with the 
11 Department as to the appropriateness of the relief sought 
12 in the petition to expunge or seal. At the hearing, the 
13 court shall hear evidence on whether the petition should or 
14 should not be granted, and shall grant or deny the petition 
15 to expunge or seal the records based on the evidence 
16 presented at the hearing. The court may consider the 
17 following:
18   (A) the strength of the evidence supporting the 
19 defendant's conviction; 
20   (B) the reasons for retention of the conviction 
21 records by the State; 
22   (C) the petitioner's age, criminal record history, 
23 and employment history; 
24   (D) the period of time between the petitioner's 
25 arrest on the charge resulting in the conviction and 
26 the filing of the petition under this Section; and 
 
 
HB0233- 25 -LRB100 04159 SLF 14165 b


1   (E) the specific adverse consequences the 
2 petitioner may be subject to if the petition is denied. 
3  (8) Service of order. After entering an order to 
4 expunge or
seal records, the court must provide copies of 
5 the order to the
Department, in a form and manner 
6 prescribed by the Department,
to the petitioner, to the 
7 State's Attorney or prosecutor
charged with the duty of 
8 prosecuting the offense, to the
arresting agency, to the 
9 chief legal officer of the unit of
local government 
10 effecting the arrest, and to such other
criminal justice 
11 agencies as may be ordered by the court.
12  (9) Implementation of order.
13   (A) Upon entry of an order to expunge records 
14 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
15    (i) the records shall be expunged (as defined 
16 in subsection (a)(1)(E)) by the arresting agency, 
17 the Department, and any other agency as ordered by 
18 the court, within 60 days of the date of service of 
19 the order, unless a motion to vacate, modify, or 
20 reconsider the order is filed pursuant to 
21 paragraph (12) of subsection (d) of this Section;
22    (ii) the records of the circuit court clerk 
23 shall be impounded until further order of the court 
24 upon good cause shown and the name of the 
25 petitioner obliterated on the official index 
26 required to be kept by the circuit court clerk 
 
 
HB0233- 26 -LRB100 04159 SLF 14165 b


1 under Section 16 of the Clerks of Courts Act, but 
2 the order shall not affect any index issued by the 
3 circuit court clerk before the entry of the order; 
4 and
5    (iii) in response to an inquiry for expunged 
6 records, the court, the Department, or the agency 
7 receiving such inquiry, shall reply as it does in 
8 response to inquiries when no records ever 
9 existed.
10   (B) Upon entry of an order to expunge records 
11 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
12    (i) the records shall be expunged (as defined 
13 in subsection (a)(1)(E)) by the arresting agency 
14 and any other agency as ordered by the court, 
15 within 60 days of the date of service of the order, 
16 unless a motion to vacate, modify, or reconsider 
17 the order is filed pursuant to paragraph (12) of 
18 subsection (d) of this Section;
19    (ii) the records of the circuit court clerk 
20 shall be impounded until further order of the court 
21 upon good cause shown and the name of the 
22 petitioner obliterated on the official index 
23 required to be kept by the circuit court clerk 
24 under Section 16 of the Clerks of Courts Act, but 
25 the order shall not affect any index issued by the 
26 circuit court clerk before the entry of the order;
 
 
HB0233- 27 -LRB100 04159 SLF 14165 b


1    (iii) the records shall be impounded by the

2 Department within 60 days of the date of service of 
3 the order as ordered by the court, unless a motion 
4 to vacate, modify, or reconsider the order is filed 
5 pursuant to paragraph (12) of subsection (d) of 
6 this Section;
7    (iv) records impounded by the Department may 
8 be disseminated by the Department only as required 
9 by law or to the arresting authority, the State's 
10 Attorney, and the court upon a later arrest for the 
11 same or a similar offense or for the purpose of 
12 sentencing for any subsequent felony, and to the 
13 Department of Corrections upon conviction for any 
14 offense; and
15    (v) in response to an inquiry for such records 
16 from anyone not authorized by law to access such 
17 records, the court, the Department, or the agency 
18 receiving such inquiry shall reply as it does in 
19 response to inquiries when no records ever 
20 existed.
21   (B-5) Upon entry of an order to expunge records 
22 under subsection (e-6):
23    (i) the records shall be expunged (as defined 
24 in subsection (a)(1)(E)) by the arresting agency 
25 and any other agency as ordered by the court, 
26 within 60 days of the date of service of the order, 
 
 
HB0233- 28 -LRB100 04159 SLF 14165 b


1 unless a motion to vacate, modify, or reconsider 
2 the order is filed under paragraph (12) of 
3 subsection (d) of this Section;
4    (ii) the records of the circuit court clerk 
5 shall be impounded until further order of the court 
6 upon good cause shown and the name of the 
7 petitioner obliterated on the official index 
8 required to be kept by the circuit court clerk 
9 under Section 16 of the Clerks of Courts Act, but 
10 the order shall not affect any index issued by the 
11 circuit court clerk before the entry of the order;
12    (iii) the records shall be impounded by the

13 Department within 60 days of the date of service of 
14 the order as ordered by the court, unless a motion 
15 to vacate, modify, or reconsider the order is filed 
16 under paragraph (12) of subsection (d) of this 
17 Section;
18    (iv) records impounded by the Department may 
19 be disseminated by the Department only as required 
20 by law or to the arresting authority, the State's 
21 Attorney, and the court upon a later arrest for the 
22 same or a similar offense or for the purpose of 
23 sentencing for any subsequent felony, and to the 
24 Department of Corrections upon conviction for any 
25 offense; and
26    (v) in response to an inquiry for these records 
 
 
HB0233- 29 -LRB100 04159 SLF 14165 b


1 from anyone not authorized by law to access the 
2 records, the court, the Department, or the agency 
3 receiving the inquiry shall reply as it does in 
4 response to inquiries when no records ever 
5 existed. 
6   (C) Upon entry of an order to seal records under 
7 subsection
(c), the arresting agency, any other agency 
8 as ordered by the court, the Department, and the court 
9 shall seal the records (as defined in subsection 
10 (a)(1)(K)). In response to an inquiry for such records, 
11 from anyone not authorized by law to access such 
12 records, the court, the Department, or the agency 
13 receiving such inquiry shall reply as it does in 
14 response to inquiries when no records ever existed.
15   (D) The Department shall send written notice to the 
16 petitioner of its compliance with each order to expunge 
17 or seal records within 60 days of the date of service 
18 of that order or, if a motion to vacate, modify, or 
19 reconsider is filed, within 60 days of service of the 
20 order resolving the motion, if that order requires the 
21 Department to expunge or seal records. In the event of 
22 an appeal from the circuit court order, the Department 
23 shall send written notice to the petitioner of its 
24 compliance with an Appellate Court or Supreme Court 
25 judgment to expunge or seal records within 60 days of 
26 the issuance of the court's mandate. The notice is not 
 
 
HB0233- 30 -LRB100 04159 SLF 14165 b


1 required while any motion to vacate, modify, or 
2 reconsider, or any appeal or petition for 
3 discretionary appellate review, is pending. 
4  (10) Fees. The Department may charge the petitioner a 
5 fee equivalent to the cost of processing any order to 
6 expunge or seal records. Notwithstanding any provision of 
7 the Clerks of Courts Act to the contrary, the circuit court 
8 clerk may charge a fee equivalent to the cost associated 
9 with the sealing or expungement of records by the circuit 
10 court clerk. From the total filing fee collected for the 
11 petition to seal or expunge, the circuit court clerk shall 
12 deposit $10 into the Circuit Court Clerk Operation and 
13 Administrative Fund, to be used to offset the costs 
14 incurred by the circuit court clerk in performing the 
15 additional duties required to serve the petition to seal or 
16 expunge on all parties. The circuit court clerk shall 
17 collect and forward the Department of State Police portion 
18 of the fee to the Department and it shall be deposited in 
19 the State Police Services Fund.
20  (11) Final Order. No court order issued under the 
21 expungement or sealing provisions of this Section shall 
22 become final for purposes of appeal until 30 days after 
23 service of the order on the petitioner and all parties 
24 entitled to notice of the petition.
25  (12) Motion to Vacate, Modify, or Reconsider. Under 
26 Section 2-1203 of the Code of Civil Procedure, the 
 
 
HB0233- 31 -LRB100 04159 SLF 14165 b


1 petitioner or any party entitled to notice may file a 
2 motion to vacate, modify, or reconsider the order granting 
3 or denying the petition to expunge or seal within 60 days 
4 of service of the order. If filed more than 60 days after 
5 service of the order, a petition to vacate, modify, or 
6 reconsider shall comply with subsection (c) of Section 
7 2-1401 of the Code of Civil Procedure. Upon filing of a 
8 motion to vacate, modify, or reconsider, notice of the 
9 motion shall be served upon the petitioner and all parties 
10 entitled to notice of the petition. 
11  (13) Effect of Order. An order granting a petition 
12 under the expungement or sealing provisions of this Section 
13 shall not be considered void because it fails to comply 
14 with the provisions of this Section or because of any error 
15 asserted in a motion to vacate, modify, or reconsider. The 
16 circuit court retains jurisdiction to determine whether 
17 the order is voidable and to vacate, modify, or reconsider 
18 its terms based on a motion filed under paragraph (12) of 
19 this subsection (d).
20  (14) Compliance with Order Granting Petition to Seal 
21 Records. Unless a court has entered a stay of an order 
22 granting a petition to seal, all parties entitled to notice 
23 of the petition must fully comply with the terms of the 
24 order within 60 days of service of the order even if a 
25 party is seeking relief from the order through a motion 
26 filed under paragraph (12) of this subsection (d) or is 
 
 
HB0233- 32 -LRB100 04159 SLF 14165 b


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

26further order of the court upon good cause shown or as 
 
 
HB0233- 33 -LRB100 04159 SLF 14165 b


1otherwise provided
herein, and the name of the defendant 
2obliterated from the official index
requested to be kept by the 
3circuit court clerk under Section 16 of the Clerks
of Courts 
4Act in connection with the arrest and conviction for the 
5offense for
which he or she had been pardoned but the order 
6shall not affect any index issued by
the circuit court clerk 
7before the entry of the order. All records sealed by
the 
8Department may be disseminated by the Department only to the 
9arresting authority, the State's Attorney, and the court upon a 
10later
arrest for the same or similar offense or for the purpose 
11of sentencing for any
subsequent felony. Upon conviction for 
12any subsequent offense, the Department
of Corrections shall 
13have access to all sealed records of the Department
pertaining 
14to that individual. Upon entry of the order of expungement, the

15circuit court clerk shall promptly mail a copy of the order to 
16the
person who was pardoned.
17 (e-5) Whenever a person who has been convicted of an 
18offense is granted a certificate of eligibility for sealing by 
19the Prisoner Review Board which specifically authorizes 
20sealing, he or she may, upon verified petition to the Chief 
21Judge of the circuit where the person had been convicted, any 
22judge of the circuit designated by the Chief Judge, or in 
23counties of less than 3,000,000 inhabitants, the presiding 
24trial judge at the petitioner's trial, have a court order 
25entered sealing the record of arrest from the official records 
26of the arresting authority and order that the records of the 
 
 
HB0233- 34 -LRB100 04159 SLF 14165 b


1circuit court clerk and the Department be sealed until further 
2order of the court upon good cause shown or as otherwise 
3provided herein, and the name of the petitioner obliterated 
4from the official index requested to be kept by the circuit 
5court clerk under Section 16 of the Clerks of Courts Act in 
6connection with the arrest and conviction for the offense for 
7which he or she had been granted the certificate but the order 
8shall not affect any index issued by the circuit court clerk 
9before the entry of the order. All records sealed by the 
10Department may be disseminated by the Department only as 
11required by this Act or to the arresting authority, a law 
12enforcement agency, the State's Attorney, and the court upon a 
13later arrest for the same or similar offense or for the purpose 
14of sentencing for any subsequent felony. Upon conviction for 
15any subsequent offense, the Department of Corrections shall 
16have access to all sealed records of the Department pertaining 
17to that individual. Upon entry of the order of sealing, the 
18circuit court clerk shall promptly mail a copy of the order to 
19the person who was granted the certificate of eligibility for 
20sealing. 
21 (e-6) Whenever a person who has been convicted of an 
22offense is granted a certificate of eligibility for expungement 
23by the Prisoner Review Board which specifically authorizes 
24expungement, he or she may, upon verified petition to the Chief 
25Judge of the circuit where the person had been convicted, any 
26judge of the circuit designated by the Chief Judge, or in 
 
 
HB0233- 35 -LRB100 04159 SLF 14165 b


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

26of Corrections shall conduct a study of the impact of sealing,

 
 
HB0233- 36 -LRB100 04159 SLF 14165 b


1especially on employment and recidivism rates, utilizing a

2random sample of those who apply for the sealing of their

3criminal records under Public Act 93-211. At the request of the

4Illinois Department of Corrections, records of the Illinois

5Department of Employment Security shall be utilized as

6appropriate to assist in the study. The study shall not

7disclose any data in a manner that would allow the

8identification of any particular individual or employing unit.

9The study shall be made available to the General Assembly no

10later than September 1, 2010.

11(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, 
12eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, 
13eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; 
1498-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 
1599-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 
167-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)