Public Act 098-0399

HB1548 Enrolled LRB098 00147 RLC 30148 b

AN ACT concerning criminal law.

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

represented in the General Assembly:

Section 5. The Criminal Identification Act is amended by

changing Sections 5.2 and 13 as follows:

(20 ILCS 2630/5.2)

Sec. 5.2. Expungement and sealing.

(a) General Provisions.

(1) Definitions. In this Act, words and phrases have

the meanings set forth in this subsection, except when a

particular context clearly requires a different meaning.

(A) The following terms shall have the meanings

ascribed to them in the Unified Code of Corrections,

730 ILCS 5/5-1-2 through 5/5-1-22:

(i) Business Offense (730 ILCS 5/5-1-2),

(ii) Charge (730 ILCS 5/5-1-3),

(iii) Court (730 ILCS 5/5-1-6),

(iv) Defendant (730 ILCS 5/5-1-7),

(v) Felony (730 ILCS 5/5-1-9),

(vi) Imprisonment (730 ILCS 5/5-1-10),

(vii) Judgment (730 ILCS 5/5-1-12),

(viii) Misdemeanor (730 ILCS 5/5-1-14),

(ix) Offense (730 ILCS 5/5-1-15),

(x) Parole (730 ILCS 5/5-1-16),

(xi) Petty Offense (730 ILCS 5/5-1-17),

(xii) Probation (730 ILCS 5/5-1-18),

(xiii) Sentence (730 ILCS 5/5-1-19),

(xiv) Supervision (730 ILCS 5/5-1-21), and

(xv) Victim (730 ILCS 5/5-1-22).

(B) As used in this Section, "charge not initiated

by arrest" means a charge (as defined by 730 ILCS

5/5-1-3) brought against a defendant where the

defendant is not arrested prior to or as a direct

result of the charge.

(C) "Conviction" means a judgment of conviction or

sentence entered upon a plea of guilty or upon a

verdict or finding of guilty of an offense, rendered by

a legally constituted jury or by a court of competent

jurisdiction authorized to try the case without a jury.

An order of supervision successfully completed by the

petitioner is not a conviction. An order of qualified

probation (as defined in subsection (a)(1)(J))

successfully completed by the petitioner is not a

conviction. An order of supervision or an order of

qualified probation that is terminated

unsatisfactorily is a conviction, unless the

unsatisfactory termination is reversed, vacated, or

modified and the judgment of conviction, if any, is

reversed or vacated.

(D) "Criminal offense" means a petty offense,

business offense, misdemeanor, felony, or municipal

ordinance violation (as defined in subsection

(a)(1)(H)). As used in this Section, a minor traffic

offense (as defined in subsection (a)(1)(G)) shall not

be considered a criminal offense.

(E) "Expunge" means to physically destroy the

records or return them to the petitioner and to

obliterate the petitioner's name from any official

index or public record, or both. Nothing in this Act

shall require the physical destruction of the circuit

court file, but such records relating to arrests or

charges, or both, ordered expunged shall be impounded

as required by subsections (d)(9)(A)(ii) and

(d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means

the sentence, order of supervision, or order of

qualified probation (as defined by subsection

(a)(1)(J)), for a criminal offense (as defined by

subsection (a)(1)(D)) that terminates last in time in

any jurisdiction, regardless of whether the petitioner

has included the criminal offense for which the

sentence or order of supervision or qualified

probation was imposed in his or her petition. If

multiple sentences, orders of supervision, or orders

of qualified probation terminate on the same day and

are last in time, they shall be collectively considered

the "last sentence" regardless of whether they were

ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense,

business offense, or Class C misdemeanor under the

Illinois Vehicle Code or a similar provision of a

municipal or local ordinance.

(H) "Municipal ordinance violation" means an

offense defined by a municipal or local ordinance that

is criminal in nature and with which the petitioner was

charged or for which the petitioner was arrested and

released without charging.

(I) "Petitioner" means an adult or a minor

prosecuted as an adult who has applied for relief under

this Section.

(J) "Qualified probation" means an order of

probation under Section 10 of the Cannabis Control Act,

Section 410 of the Illinois Controlled Substances Act,

Section 70 of the Methamphetamine Control and

Community Protection Act, Section 5-6-3.3 of the

Unified Code of Corrections, Section 12-4.3(b)(1) and

(2) of the Criminal Code of 1961 (as those provisions

existed before their deletion by Public Act 89-313),

Section 10-102 of the Illinois Alcoholism and Other

Drug Dependency Act, Section 40-10 of the Alcoholism

and Other Drug Abuse and Dependency Act, or Section 10

of the Steroid Control Act. For the purpose of this

Section, "successful completion" of an order of

qualified probation under Section 10-102 of the

Illinois Alcoholism and Other Drug Dependency Act and

Section 40-10 of the Alcoholism and Other Drug Abuse

and Dependency Act means that the probation was

terminated satisfactorily and the judgment of

conviction was vacated.

(K) "Seal" means to physically and electronically

maintain the records, unless the records would

otherwise be destroyed due to age, but to make the

records unavailable without a court order, subject to

the exceptions in Sections 12 and 13 of this Act. The

petitioner's name shall also be obliterated from the

official index required to be kept by the circuit court

clerk under Section 16 of the Clerks of Courts Act, but

any index issued by the circuit court clerk before the

entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor"

includes but is not limited to the offenses of indecent

solicitation of a child or criminal sexual abuse when

the victim of such offense is under 18 years of age.

(M) "Terminate" as it relates to a sentence or

order of supervision or qualified probation includes

either satisfactory or unsatisfactory termination of

the sentence, unless otherwise specified in this

Section.

(2) Minor Traffic Offenses. Orders of supervision or

convictions for minor traffic offenses shall not affect a

petitioner's eligibility to expunge or seal records

pursuant to this Section.

(3) Exclusions. Except as otherwise provided in

subsections (b)(5), (b)(6), (e), and (e-5), and (e-6) of

this Section, the court shall not order:

(A) the sealing or expungement of the records of

arrests or charges not initiated by arrest that result

in an order of supervision for or conviction of: (i)

any sexual offense committed against a minor; (ii)

Section 11-501 of the Illinois Vehicle Code or a

similar provision of a local ordinance; or (iii)

Section 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, unless the

arrest or charge is for a misdemeanor violation of

subsection (a) of Section 11-503 or a similar provision

of a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the offender

has no other conviction for violating Section 11-501 or

11-503 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(B) the sealing or expungement of records of minor

traffic offenses (as defined in subsection (a)(1)(G)),

unless the petitioner was arrested and released

without charging.

(C) the sealing of the records of arrests or

charges not initiated by arrest which result in an

order of supervision, an order of qualified probation

(as defined in subsection (a)(1)(J)), or a conviction

for the following offenses:

(i) offenses included in Article 11 of the

Criminal Code of 1961 or a similar provision of a

local ordinance, except Section 11-14 of the

Criminal Code of 1961 or a similar provision of a

local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

26-5, or 48-1 of the Criminal Code of 1961 or a

similar provision of a local ordinance;

(iii) offenses defined as "crimes of violence"

in Section 2 of the Crime Victims Compensation Act

or a similar provision of a local ordinance;

(iv) offenses which are Class A misdemeanors

under the Humane Care for Animals Act; or

(v) any offense or attempted offense that

would subject a person to registration under the

Sex Offender Registration Act.

(D) the sealing of the records of an arrest which

results in the petitioner being charged with a felony

offense or records of a charge not initiated by arrest

for a felony offense unless:

(i) the charge is amended to a misdemeanor and

is otherwise eligible to be sealed pursuant to

subsection (c);

(ii) the charge is brought along with another

charge as a part of one case and the charge results

in acquittal, dismissal, or conviction when the

conviction was reversed or vacated, and another

charge brought in the same case results in a

disposition for a misdemeanor offense that is

eligible to be sealed pursuant to subsection (c) or

a disposition listed in paragraph (i), (iii), or

(iv) of this subsection;

(iii) the charge results in first offender

probation as set forth in subsection (c)(2)(E);

(iv) the charge is for a Class 4 felony offense

listed in subsection (c)(2)(F) or the charge is

amended to a Class 4 felony offense listed in

subsection (c)(2)(F). Records of arrests which

result in the petitioner being charged with a Class

4 felony offense listed in subsection (c)(2)(F),

records of charges not initiated by arrest for

Class 4 felony offenses listed in subsection

(c)(2)(F), and records of charges amended to a

Class 4 felony offense listed in (c)(2)(F) may be

sealed, regardless of the disposition, subject to

any waiting periods set forth in subsection

(c)(3);

(v) the charge results in acquittal,

dismissal, or the petitioner's release without

conviction; or

(vi) the charge results in a conviction, but

the conviction was reversed or vacated.

(b) Expungement.

(1) A petitioner may petition the circuit court to

expunge the records of his or her arrests and charges not

initiated by arrest when:

(A) He or she has never been convicted of a

criminal offense; and

(B) Each arrest or charge not initiated by arrest

sought to be expunged resulted in: (i) acquittal,

dismissal, or the petitioner's release without

charging, unless excluded by subsection (a)(3)(B);

(ii) a conviction which was vacated or reversed, unless

excluded by subsection (a)(3)(B); (iii) an order of

supervision and such supervision was successfully

completed by the petitioner, unless excluded by

subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of

qualified probation (as defined in subsection

(a)(1)(J)) and such probation was successfully

completed by the petitioner.

(2) Time frame for filing a petition to expunge.

(A) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an acquittal,

dismissal, the petitioner's release without charging,

or the reversal or vacation of a conviction, there is

no waiting period to petition for the expungement of

such records.

(B) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

supervision, successfully completed by the petitioner,

the following time frames will apply:

(i) Those arrests or charges that resulted in

orders of supervision under Section 3-707, 3-708,

3-710, or 5-401.3 of the Illinois Vehicle Code or a

similar provision of a local ordinance, or under

Section 11-1.50, 12-3.2, or 12-15 of the Criminal

Code of 1961 or a similar provision of a local

ordinance, shall not be eligible for expungement

until 5 years have passed following the

satisfactory termination of the supervision.

(i-5) Those arrests or charges that resulted

in orders of supervision for a misdemeanor

violation of subsection (a) of Section 11-503 of

the Illinois Vehicle Code or a similar provision of

a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the

offender has no other conviction for violating

Section 11-501 or 11-503 of the Illinois Vehicle

Code or a similar provision of a local ordinance

shall not be eligible for expungement until the

petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in

orders of supervision for any other offenses shall

not be eligible for expungement until 2 years have

passed following the satisfactory termination of

the supervision.

(C) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

qualified probation, successfully completed by the

petitioner, such records shall not be eligible for

expungement until 5 years have passed following the

satisfactory termination of the probation.

(3) Those records maintained by the Department for

persons arrested prior to their 17th birthday shall be

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

Act of 1987.

(4) Whenever a person has been arrested for or

convicted of any offense, in the name of a person whose

identity he or she has stolen or otherwise come into

possession of, the aggrieved person from whom the identity

was stolen or otherwise obtained without authorization,

upon learning of the person having been arrested using his

or her identity, may, upon verified petition to the chief

judge of the circuit wherein the arrest was made, have a

court order entered nunc pro tunc by the Chief Judge to

correct the arrest record, conviction record, if any, and

all official records of the arresting authority, the

Department, other criminal justice agencies, the

prosecutor, and the trial court concerning such arrest, if

any, by removing his or her name from all such records in

connection with the arrest and conviction, if any, and by

inserting in the records the name of the offender, if known

or ascertainable, in lieu of the aggrieved's name. The

records of the circuit court clerk shall be sealed until

further order of the court upon good cause shown and the

name of the aggrieved person obliterated on the official

index required to be kept by the circuit court clerk under

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

not affect any index issued by the circuit court clerk

before the entry of the order. Nothing in this Section

shall limit the Department of State Police or other

criminal justice agencies or prosecutors from listing

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

used.

(5) Whenever a person has been convicted of criminal

sexual assault, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, criminal

sexual abuse, or aggravated criminal sexual abuse, the

victim of that offense may request that the State's

Attorney of the county in which the conviction occurred

file a verified petition with the presiding trial judge at

the petitioner's trial to have a court order entered to

seal the records of the circuit court clerk in connection

with the proceedings of the trial court concerning that

offense. However, the records of the arresting authority

and the Department of State Police concerning the offense

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

shall make the records of the circuit court clerk in

connection with the proceedings of the trial court

concerning the offense available for public inspection.

(6) If a conviction has been set aside on direct review

or on collateral attack and the court determines by clear

and convincing evidence that the petitioner was factually

innocent of the charge, the court shall enter an

expungement order as provided in subsection (b) of Section

5-5-4 of the Unified Code of Corrections.

(7) Nothing in this Section shall prevent the

Department of State Police from maintaining all records of

any person who is admitted to probation upon terms and

conditions and who fulfills those terms and conditions

pursuant to Section 10 of the Cannabis Control Act, Section

410 of the Illinois Controlled Substances Act, Section 70

of the Methamphetamine Control and Community Protection

Act, Section 5-6-3.3 of the Unified Code of Corrections,

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

the Criminal Code of 1961, Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section 40-10 of

the Alcoholism and Other Drug Abuse and Dependency Act, or

Section 10 of the Steroid Control Act.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision

of this Act to the contrary, and cumulative with any rights

to expungement of criminal records, this subsection

authorizes the sealing of criminal records of adults and of

minors prosecuted as adults.

(2) Eligible Records. The following records may be

sealed:

(A) All arrests resulting in release without

charging;

(B) Arrests or charges not initiated by arrest

resulting in acquittal, dismissal, or conviction when

the conviction was reversed or vacated, except as

excluded by subsection (a)(3)(B);

(C) Arrests or charges not initiated by arrest

resulting in orders of supervision successfully

completed by the petitioner, unless excluded by

subsection (a)(3);

(D) Arrests or charges not initiated by arrest

resulting in convictions unless excluded by subsection

(a)(3);

(E) Arrests or charges not initiated by arrest

resulting in orders of first offender probation under

Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, Section 70 of

the Methamphetamine Control and Community Protection

Act, or Section 5-6-3.3 of the Unified Code of

Corrections; and

(F) Arrests or charges not initiated by arrest

resulting in Class 4 felony convictions for the

following offenses:

(i) Section 11-14 of the Criminal Code of 1961;

(ii) Section 4 of the Cannabis Control Act;

(iii) Section 402 of the Illinois Controlled

Substances Act;

(iv) the Methamphetamine Precursor Control

Act; and

(v) the Steroid Control Act.

(3) When Records Are Eligible to Be Sealed. Records

identified as eligible under subsection (c)(2) may be

sealed as follows:

(A) Records identified as eligible under

subsection (c)(2)(A) and (c)(2)(B) may be sealed at any

time.

(B) Records identified as eligible under

subsection (c)(2)(C) may be sealed (i) 3 years after

the termination of petitioner's last sentence (as

defined in subsection (a)(1)(F)) if the petitioner has

never been convicted of a criminal offense (as defined

in subsection (a)(1)(D)); or (ii) 4 years after the

termination of the petitioner's last sentence (as

defined in subsection (a)(1)(F)) if the petitioner has

ever been convicted of a criminal offense (as defined

in subsection (a)(1)(D)).

(C) Records identified as eligible under

subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be

sealed 4 years after the termination of the

petitioner's last sentence (as defined in subsection

(a)(1)(F)).

(D) Records identified in subsection

(a)(3)(A)(iii) may be sealed after the petitioner has

reached the age of 25 years.

(4) Subsequent felony convictions. A person may not

have subsequent felony conviction records sealed as

provided in this subsection (c) if he or she is convicted

of any felony offense after the date of the sealing of

prior felony convictions as provided in this subsection

(c). The court may, upon conviction for a subsequent felony

offense, order the unsealing of prior felony conviction

records previously ordered sealed by the court.

(5) Notice of eligibility for sealing. Upon entry of a

disposition for an eligible record under this subsection

(c), the petitioner shall be informed by the court of the

right to have the records sealed and the procedures for the

sealing of the records.

(d) Procedure. The following procedures apply to

expungement under subsections (b), and (e), and (e-6) and

sealing under subsections (c) and (e-5):

(1) Filing the petition. Upon becoming eligible to

petition for the expungement or sealing of records under

this Section, the petitioner shall file a petition

requesting the expungement or sealing of records with the

clerk of the court where the arrests occurred or the

charges were brought, or both. If arrests occurred or

charges were brought in multiple jurisdictions, a petition

must be filed in each such jurisdiction. The petitioner

shall pay the applicable fee, if not waived.

(2) Contents of petition. The petition shall be

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

birth, current address and, for each arrest or charge not

initiated by arrest sought to be sealed or expunged, the

case number, the date of arrest (if any), the identity of

the arresting authority, and such other information as the

court may require. During the pendency of the proceeding,

the petitioner shall promptly notify the circuit court

clerk of any change of his or her address. If the

petitioner has received a certificate of eligibility for

sealing from the Prisoner Review Board under paragraph (10)

of subsection (a) of Section 3-3-2 of the Unified Code of

Corrections, the certificate shall be attached to the

petition.

(3) Drug test. The petitioner must attach to the

petition proof that the petitioner has passed a test taken

within 30 days before the filing of the petition showing

the absence within his or her body of all illegal

substances as defined by the Illinois Controlled

Substances Act, the Methamphetamine Control and Community

Protection Act, and the Cannabis Control Act if he or she

is petitioning to seal felony records pursuant to clause

(c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is

petitioning to expunge felony records of a qualified

probation pursuant to clause (b)(1)(B)(iv).

(4) Service of petition. The circuit court clerk shall

promptly serve a copy of the petition and documentation to

support the petition under subsection (e), (e-5), or (e-6)

on the State's Attorney or prosecutor charged with the duty

of prosecuting the offense, the Department of State Police,

the arresting agency and the chief legal officer of the

unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition

may file an objection to the petition. All objections

shall be in writing, shall be filed with the circuit

court clerk, and shall state with specificity the basis

of the objection.

(B) Objections to a petition to expunge or seal

must be filed within 60 days of the date of service of

the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the

charge was brought, any judge of that circuit

designated by the Chief Judge, or in counties of less

than 3,000,000 inhabitants, the presiding trial judge

at the petitioner's trial, if any, shall rule on the

petition to expunge or seal as set forth in this

subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the

Department of State Police, the arresting agency, or

the chief legal officer files an objection to the

petition to expunge or seal within 60 days from the

date of service of the petition, the court shall enter

an order granting or denying the petition.

(7) Hearings. If an objection is filed, the court shall

set a date for a hearing and notify the petitioner and all

parties entitled to notice of the petition of the hearing

date at least 30 days prior to the hearing, and shall hear

evidence on whether the petition should or should not be

granted, and shall grant or deny the petition to expunge or

seal the records based on the evidence presented at the

hearing.

(8) Service of order. After entering an order to

expunge or seal records, the court must provide copies of

the order to the Department, in a form and manner

prescribed by the Department, to the petitioner, to the

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, to the arresting agency, to the

chief legal officer of the unit of local government

effecting the arrest, and to such other criminal justice

agencies as may be ordered by the court.

(9) Effect of order.

(A) Upon entry of an order to expunge records

pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency,

the Department, and any other agency as ordered by

the court, within 60 days of the date of service of

the order, unless a motion to vacate, modify, or

reconsider the order is filed pursuant to

paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

and

(iii) in response to an inquiry for expunged

records, the court, the Department, or the agency

receiving such inquiry, shall reply as it does in

response to inquiries when no records ever

existed.

(B) Upon entry of an order to expunge records

pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency

and any other agency as ordered by the court,

within 60 days of the date of service of the order,

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

pursuant to paragraph (12) of subsection (d) of

this Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

by law or to the arresting authority, the State's

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for such records

from anyone not authorized by law to access such

records the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever

existed.

(B-5) Upon entry of an order to expunge records

under subsection (e-6):

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency

and any other agency as ordered by the court,

within 60 days of the date of service of the order,

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

under paragraph (12) of subsection (d) of this

Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

by law or to the arresting authority, the State's

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for these records

from anyone not authorized by law to access the

records the court, the Department, or the agency

receiving the inquiry shall reply as it does in

response to inquiries when no records ever

existed.

(C) Upon entry of an order to seal records under

subsection (c), the arresting agency, any other agency

as ordered by the court, the Department, and the court

shall seal the records (as defined in subsection

(a)(1)(K)). In response to an inquiry for such records

from anyone not authorized by law to access such

records the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever existed.

(10) Fees. The Department may charge the petitioner a

fee equivalent to the cost of processing any order to

expunge or seal records. Notwithstanding any provision of

the Clerks of Courts Act to the contrary, the circuit court

clerk may charge a fee equivalent to the cost associated

with the sealing or expungement of records by the circuit

court clerk. From the total filing fee collected for the

petition to seal or expunge, the circuit court clerk shall

deposit $10 into the Circuit Court Clerk Operation and

Administrative Fund, to be used to offset the costs

incurred by the circuit court clerk in performing the

additional duties required to serve the petition to seal or

expunge on all parties. The circuit court clerk shall

collect and forward the Department of State Police portion

of the fee to the Department and it shall be deposited in

the State Police Services Fund.

(11) Final Order. No court order issued under the

expungement or sealing provisions of this Section shall

become final for purposes of appeal until 30 days after

service of the order on the petitioner and all parties

entitled to notice of the petition.

(12) Motion to Vacate, Modify, or Reconsider. The

petitioner or any party entitled to notice may file a

motion to vacate, modify, or reconsider the order granting

or denying the petition to expunge or seal within 60 days

of service of the order.

(e) Whenever a person who has been convicted of an offense

is granted a pardon by the Governor which specifically

authorizes expungement, he or she may, upon verified petition

to the Chief Judge of the circuit where the person had been

convicted, any judge of the circuit designated by the Chief

Judge, or in counties of less than 3,000,000 inhabitants, the

presiding trial judge at the defendant's trial, have a court

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the defendant

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

offense for which he or she had been pardoned but the order

shall not affect any index issued by the circuit court clerk

before the entry of the order. All records sealed by the

Department may be disseminated by the Department only to the

arresting authority, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

to that individual. Upon entry of the order of expungement, the

circuit court clerk shall promptly mail a copy of the order to

the person who was pardoned.

(e-5) Whenever a person who has been convicted of an

offense is granted a certificate of eligibility for sealing by

the Prisoner Review Board which specifically authorizes

sealing, he or she may, upon verified petition to the Chief

Judge of the circuit where the person had been convicted, any

judge of the circuit designated by the Chief Judge, or in

counties of less than 3,000,000 inhabitants, the presiding

trial judge at the petitioner's trial, have a court order

entered sealing the record of arrest from the official records

of the arresting authority and order that the records of the

circuit court clerk and the Department be sealed until further

order of the court upon good cause shown or as otherwise

provided herein, and the name of the petitioner obliterated

from the official index requested to be kept by the circuit

court clerk under Section 16 of the Clerks of Courts Act in

connection with the arrest and conviction for the offense for

which he or she had been granted the certificate but the order

shall not affect any index issued by the circuit court clerk

before the entry of the order. All records sealed by the

Department may be disseminated by the Department only as

required by this Act or to the arresting authority, a law

enforcement agency, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

to that individual. Upon entry of the order of sealing, the

circuit court clerk shall promptly mail a copy of the order to

the person who was granted the certificate of eligibility for

sealing.

(e-6) Whenever a person who has been convicted of an

offense is granted a certificate of eligibility for expungement

by the Prisoner Review Board which specifically authorizes

expungement, he or she may, upon verified petition to the Chief

Judge of the circuit where the person had been convicted, any

judge of the circuit designated by the Chief Judge, or in

counties of less than 3,000,000 inhabitants, the presiding

trial judge at the petitioner's trial, have a court order

entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the petitioner

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

offense for which he or she had been granted the certificate

but the order shall not affect any index issued by the circuit

court clerk before the entry of the order. All records sealed

by the Department may be disseminated by the Department only as

required by this Act or to the arresting authority, a law

enforcement agency, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all expunged records of the Department

pertaining to that individual. Upon entry of the order of

expungement, the circuit court clerk shall promptly mail a copy

of the order to the person who was granted the certificate of

eligibility for expungement.

(f) Subject to available funding, the Illinois Department

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

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

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

Illinois Department of Corrections, records of the Illinois

Department of Employment Security shall be utilized as

appropriate to assist in the study. The study shall not

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;

96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.

7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,

eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13;

97-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13;

97-1120, eff. 1-1-13; revised 9-20-12.)

(20 ILCS 2630/13)

Sec. 13. Retention and release of sealed records.

(a) The Department of State Police shall retain records

sealed under subsection (c),, or (e-5) of Section 5.2 or

impounded under subparagraph (B) or (B-5) of paragraph (9) of

subsection (d) of Section 5.2 and shall release them only as

authorized by this Act. Felony records sealed under subsection

(c),, or (e-5) of Section 5.2 or impounded under subparagraph

(B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2

shall be used and disseminated by the Department only as

otherwise specifically required or authorized by a federal or

State law, rule, or regulation that requires inquiry into and

release of criminal records, including, but not limited to,

subsection (A) of Section 3 of this Act. However, all requests

for records that have been expunged, sealed, and impounded and

the use of those records are subject to the provisions of

Section 2-103 of the Illinois Human Rights Act. Upon conviction

for any offense, the Department of Corrections shall have

access to all sealed records of the Department pertaining to

that individual.

(b) Notwithstanding the foregoing, all sealed or impounded

records are subject to inspection and use by the court and

inspection and use by law enforcement agencies and State's

Attorneys or other prosecutors in carrying out the duties of

their offices.

(c) The sealed or impounded records maintained under

subsection (a) are exempt from disclosure under the Freedom of

Information Act.

(d) The Department of State Police shall commence the

sealing of records of felony arrests and felony convictions

pursuant to the provisions of subsection (c) of Section 5.2 of

this Act no later than one year from the date that funds have

been made available for purposes of establishing the

technologies necessary to implement the changes made by this

amendatory Act of the 93rd General Assembly.

(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;

97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; revised 9-20-12.)

Section 10. The Unified Code of Corrections is amended by

changing Section 3-3-2 as follows:

(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)

Sec. 3-3-2. Powers and Duties.

(a) The Parole and Pardon Board is abolished and the term

"Parole and Pardon Board" as used in any law of Illinois, shall

read "Prisoner Review Board." After the effective date of this

amendatory Act of 1977, the Prisoner Review Board shall provide

by rule for the orderly transition of all files, records, and

documents of the Parole and Pardon Board and for such other

steps as may be necessary to effect an orderly transition and

shall:

(1) hear by at least one member and through a panel of

at least 3 members decide, cases of prisoners who were

sentenced under the law in effect prior to the effective

date of this amendatory Act of 1977, and who are eligible

for parole;

(2) hear by at least one member and through a panel of

at least 3 members decide, the conditions of parole and the

time of discharge from parole, impose sanctions for

violations of parole, and revoke parole for those sentenced

under the law in effect prior to this amendatory Act of

1977; provided that the decision to parole and the

conditions of parole for all prisoners who were sentenced

for first degree murder or who received a minimum sentence

of 20 years or more under the law in effect prior to

February 1, 1978 shall be determined by a majority vote of

the Prisoner Review Board. One representative supporting

parole and one representative opposing parole will be

allowed to speak. Their comments shall be limited to making

corrections and filling in omissions to the Board's

presentation and discussion;

(3) hear by at least one member and through a panel of

at least 3 members decide, the conditions of mandatory

supervised release and the time of discharge from mandatory

supervised release, impose sanctions for violations of

mandatory supervised release, and revoke mandatory

supervised release for those sentenced under the law in

effect after the effective date of this amendatory Act of

1977;

(3.5) hear by at least one member and through a panel

of at least 3 members decide, the conditions of mandatory

supervised release and the time of discharge from mandatory

supervised release, to impose sanctions for violations of

mandatory supervised release and revoke mandatory

supervised release for those serving extended supervised

release terms pursuant to paragraph (4) of subsection (d)

of Section 5-8-1;

(4) hear by at least 1 member and through a panel of at

least 3 members, decide cases brought by the Department of

Corrections against a prisoner in the custody of the

Department for alleged violation of Department rules with

respect to sentence credits under Section 3-6-3 of this

Code in which the Department seeks to revoke sentence

credits, if the amount of time at issue exceeds 30 days or

when, during any 12 month period, the cumulative amount of

credit revoked exceeds 30 days except where the infraction

is committed or discovered within 60 days of scheduled

release. In such cases, the Department of Corrections may

revoke up to 30 days of sentence credit. The Board may

subsequently approve the revocation of additional sentence

credit, if the Department seeks to revoke sentence credit

in excess of thirty days. However, the Board shall not be

empowered to review the Department's decision with respect

to the loss of 30 days of sentence credit for any prisoner

or to increase any penalty beyond the length requested by

the Department;

(5) hear by at least one member and through a panel of

at least 3 members decide, the release dates for certain

prisoners sentenced under the law in existence prior to the

effective date of this amendatory Act of 1977, in

accordance with Section 3-3-2.1 of this Code;

(6) hear by at least one member and through a panel of

at least 3 members decide, all requests for pardon,

reprieve or commutation, and make confidential

recommendations to the Governor;

(7) comply with the requirements of the Open Parole

Hearings Act;

(8) hear by at least one member and, through a panel of

at least 3 members, decide cases brought by the Department

of Corrections against a prisoner in the custody of the

Department for court dismissal of a frivolous lawsuit

pursuant to Section 3-6-3(d) of this Code in which the

Department seeks to revoke up to 180 days of sentence

credit, and if the prisoner has not accumulated 180 days of

sentence credit at the time of the dismissal, then all

sentence credit accumulated by the prisoner shall be

revoked;

(9) hear by at least 3 members, and, through a panel of

at least 3 members, decide whether to grant certificates of

relief from disabilities or certificates of good conduct as

provided in Article 5.5 of Chapter V; and

(10) upon a petition by a person who has been convicted

of a Class 3 or Class 4 felony and who meets the

requirements of this paragraph, hear by at least 3 members

and, with the unanimous vote of a panel of 3 members, issue

a certificate of eligibility for sealing recommending that

the court order the sealing of all official records of the

arresting authority, the circuit court clerk, and the

Department of State Police concerning the arrest and

conviction for the Class 3 or 4 felony. A person may not

apply to the Board for a certificate of eligibility for

sealing:

(A) until 5 years have elapsed since the expiration

of his or her sentence;

(B) until 5 years have elapsed since any arrests or

detentions by a law enforcement officer for an alleged

violation of law, other than a petty offense, traffic

offense, conservation offense, or local ordinance

offense;

(C) if convicted of a violation of the Cannabis

Control Act, Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act,

the Methamphetamine Precursor Control Act, or the

Methamphetamine Precursor Tracking Act unless the

petitioner has completed a drug abuse program for the

offense on which sealing is sought and provides proof

that he or she has completed the program successfully;

(D) if convicted of:

(i) a sex offense described in Article 11 or

Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

the Criminal Code of 1961;

(ii) aggravated assault;

(iii) aggravated battery;

(iv) domestic battery;

(v) aggravated domestic battery;

(vi) violation of an order of protection;

(vii) an offense under the Criminal Code of

1961 involving a firearm;

(viii) driving while under the influence of

alcohol, other drug or drugs, intoxicating

compound or compounds or any combination thereof;

(ix) aggravated driving while under the

influence of alcohol, other drug or drugs,

intoxicating compound or compounds or any

combination thereof; or

(x) any crime defined as a crime of violence

under Section 2 of the Crime Victims Compensation

Act.

If a person has applied to the Board for a certificate of

eligibility for sealing and the Board denies the certificate,

the person must wait at least 4 years before filing again or

filing for pardon from the Governor unless the Chairman of the

Prisoner Review Board grants a waiver.

The decision to issue or refrain from issuing a certificate

of eligibility for sealing shall be at the Board's sole

discretion, and shall not give rise to any cause of action

against either the Board or its members.

The Board may only authorize the sealing of Class 3 and 4

felony convictions of the petitioner from one information or

indictment under this paragraph (10). A petitioner may only

receive one certificate of eligibility for sealing under this

provision for life; and .

(11) upon a petition by a person who after having been

convicted of a Class 3 or Class 4 felony thereafter served

in the United States Armed Forces or National Guard of this

or any other state and had received an honorable discharge

from the United States Armed Forces or National Guard or

who at the time of filing the petition is enlisted in the

United States Armed Forces or National Guard of this or any

other state and served one tour of duty and who meets the

requirements of this paragraph, hear by at least 3 members

and, with the unanimous vote of a panel of 3 members, issue

a certificate of eligibility for expungement recommending

that the court order the expungement of all official

records of the arresting authority, the circuit court

clerk, and the Department of State Police concerning the

arrest and conviction for the Class 3 or 4 felony. A person

may not apply to the Board for a certificate of eligibility

for expungement:

(A) if convicted of:

(i) a sex offense described in Article 11 or

Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

the Criminal Code of 1961 or Criminal Code of 2012;

(ii) an offense under the Criminal Code of 1961

or Criminal Code of 2012 involving a firearm; or

(iii) a crime of violence as defined in Section

2 of the Crime Victims Compensation Act; or

(B) if the person has not served in the United

States Armed Forces or National Guard of this or any

other state or has not received an honorable discharge

from the United States Armed Forces or National Guard

of this or any other state or who at the time of the

filing of the petition is serving in the United States

Armed Forces or National Guard of this or any other

state and has not completed one tour of duty.

If a person has applied to the Board for a certificate

of eligibility for expungement and the Board denies the

certificate, the person must wait at least 4 years before

filing again or filing for a pardon with authorization for

expungement from the Governor unless the Governor or

Chairman of the Prisoner Review Board grants a waiver.

(a-5) The Prisoner Review Board, with the cooperation of

and in coordination with the Department of Corrections and the

Department of Central Management Services, shall implement a

pilot project in 3 correctional institutions providing for the

conduct of hearings under paragraphs (1) and (4) of subsection

(a) of this Section through interactive video conferences. The

project shall be implemented within 6 months after the

effective date of this amendatory Act of 1996. Within 6 months

after the implementation of the pilot project, the Prisoner

Review Board, with the cooperation of and in coordination with

the Department of Corrections and the Department of Central

Management Services, shall report to the Governor and the

General Assembly regarding the use, costs, effectiveness, and

future viability of interactive video conferences for Prisoner

Review Board hearings.

(b) Upon recommendation of the Department the Board may

restore sentence credit previously revoked.

(c) The Board shall cooperate with the Department in

promoting an effective system of parole and mandatory

supervised release.

(d) The Board shall promulgate rules for the conduct of its

work, and the Chairman shall file a copy of such rules and any

amendments thereto with the Director and with the Secretary of

State.

(e) The Board shall keep records of all of its official

actions and shall make them accessible in accordance with law

and the rules of the Board.

(f) The Board or one who has allegedly violated the

conditions of his parole or mandatory supervised release may

require by subpoena the attendance and testimony of witnesses

and the production of documentary evidence relating to any

matter under investigation or hearing. The Chairman of the

Board may sign subpoenas which shall be served by any agent or

public official authorized by the Chairman of the Board, or by

any person lawfully authorized to serve a subpoena under the

laws of the State of Illinois. The attendance of witnesses, and

the production of documentary evidence, may be required from

any place in the State to a hearing location in the State

before the Chairman of the Board or his designated agent or

agents or any duly constituted Committee or Subcommittee of the

Board. Witnesses so summoned shall be paid the same fees and

mileage that are paid witnesses in the circuit courts of the

State, and witnesses whose depositions are taken and the

persons taking those depositions are each entitled to the same

fees as are paid for like services in actions in the circuit

courts of the State. Fees and mileage shall be vouchered for

payment when the witness is discharged from further attendance.

In case of disobedience to a subpoena, the Board may

petition any circuit court of the State for an order requiring

the attendance and testimony of witnesses or the production of

documentary evidence or both. A copy of such petition shall be

served by personal service or by registered or certified mail

upon the person who has failed to obey the subpoena, and such

person shall be advised in writing that a hearing upon the

petition will be requested in a court room to be designated in

such notice before the judge hearing motions or extraordinary

remedies at a specified time, on a specified date, not less

than 10 nor more than 15 days after the deposit of the copy of

the written notice and petition in the U.S. mails addressed to

the person at his last known address or after the personal

service of the copy of the notice and petition upon such

person. The court upon the filing of such a petition, may order

the person refusing to obey the subpoena to appear at an

investigation or hearing, or to there produce documentary

evidence, if so ordered, or to give evidence relative to the

subject matter of that investigation or hearing. Any failure to

obey such order of the circuit court may be punished by that

court as a contempt of court.

Each member of the Board and any hearing officer designated

by the Board shall have the power to administer oaths and to

take the testimony of persons under oath.

(g) Except under subsection (a) of this Section, a majority

of the members then appointed to the Prisoner Review Board

shall constitute a quorum for the transaction of all business

of the Board.

(h) The Prisoner Review Board shall annually transmit to

the Director a detailed report of its work for the preceding

calendar year. The annual report shall also be transmitted to

the Governor for submission to the Legislature.

(Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12;

97-1120, eff. 1-1-13; revised 9-20-12.)

Section 99. Effective date. This Act takes effect upon

becoming law.