103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3846
 
Introduced , by Rep. Cyril Nichols
 
SYNOPSIS AS INTRODUCED:



 
20 ILCS 2630/5.2

 Amends the Criminal Identification Act. Provides for expungement of minor cannabis offenses (as that term is defined in the Act) after receipt of a certified copy of a diploma issued by an Illinois community college by a law enforcement agency that issued a citation relating to a minor cannabis offense from a person who was convicted of the minor cannabis offense. 



LRB103 26748 AWJ 53111 b


 
 
A BILL FOR
 


HB3846LRB103 26748 AWJ 53111 b



1 AN ACT concerning criminal law.


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, sealing, and immediate 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 following Sections of the 
14 Unified Code of Corrections:
15    Business Offense, Section 5-1-2.
16    Charge, Section 5-1-3.
17    Court, Section 5-1-6.
18    Defendant, Section 5-1-7.
19    Felony, Section 5-1-9.
20    Imprisonment, Section 5-1-10.
21    Judgment, Section 5-1-12.
22    Misdemeanor, Section 5-1-14.
23    Offense, Section 5-1-15.
 
 
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1    Parole, Section 5-1-16.
2    Petty Offense, Section 5-1-17.
3    Probation, Section 5-1-18.
4    Sentence, Section 5-1-19.
5    Supervision, Section 5-1-21.
6    Victim, Section 5-1-22.
7   (B) As used in this Section, "charge not initiated 
8 by arrest" means a charge (as defined by Section 5-1-3 
9 of the Unified Code of Corrections) brought against a 
10 defendant where the defendant is not arrested prior to 
11 or as a direct 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 
15 by a legally constituted jury or by a court of 
16 competent jurisdiction authorized to try the case 
17 without a jury. An order of supervision successfully 
18 completed by the petitioner is not a conviction. An 
19 order of qualified probation (as defined in subsection 
20 (a)(1)(J)) successfully completed by the petitioner is 
21 not a conviction. An order of supervision or an order 
22 of 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 
2 considered the "last sentence" regardless of whether 
3 they were 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-5) "Minor Cannabis Offense" means a violation 
9 of Section 4 or 5 of the Cannabis Control Act 
10 concerning not more than 30 grams of any substance 
11 containing cannabis, provided the violation did not 
12 include a penalty enhancement under Section 7 of the 
13 Cannabis Control Act and is not associated with an 
14 arrest, conviction or other disposition for a violent 
15 crime as defined in subsection (c) of Section 3 of the 
16 Rights of Crime Victims and Witnesses Act. 
17   (H) "Municipal ordinance violation" means an 
18 offense defined by a municipal or local ordinance that 
19 is criminal in nature and with which the petitioner 
20 was charged or for which the petitioner was arrested 
21 and released without charging.
22   (I) "Petitioner" means an adult or a minor 
23 prosecuted as an
adult who has applied for relief 
24 under this Section.
25   (J) "Qualified probation" means an order of 
26 probation under Section 10 of the Cannabis Control 
 
 
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1 Act, Section 410 of the Illinois Controlled Substances 
2 Act, Section 70 of the Methamphetamine Control and 
3 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
4 of the Unified Code of Corrections, Section 
5 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
6 those provisions existed before their deletion by 
7 Public Act 89-313), Section 10-102 of the Illinois 
8 Alcoholism and Other Drug Dependency Act, Section 
9 40-10 of the Substance Use Disorder Act, or Section 10 
10 of the Steroid Control Act. For the purpose of this 
11 Section, "successful completion" of an order of 
12 qualified probation under Section 10-102 of the 
13 Illinois Alcoholism and Other Drug Dependency Act and 
14 Section 40-10 of the Substance Use Disorder Act means 
15 that the probation was terminated satisfactorily and 
16 the judgment of conviction was vacated.
17   (K) "Seal" means to physically and electronically 
18 maintain the records, unless the records would 
19 otherwise be destroyed due to age, but to make the 
20 records unavailable without a court order, subject to 
21 the exceptions in Sections 12 and 13 of this Act. The 
22 petitioner's name shall also be obliterated from the 
23 official index required to be kept by the circuit 
24 court clerk under Section 16 of the Clerks of Courts 
25 Act, but any index issued by the circuit court clerk 
26 before the entry of the order to seal shall not be 
 
 
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1 affected.
2   (L) "Sexual offense committed against a minor" 
3 includes, but is
not limited to, the offenses of 
4 indecent solicitation of a child
or criminal sexual 
5 abuse when the victim of such offense is
under 18 years 
6 of age.
7   (M) "Terminate" as it relates to a sentence or 
8 order of supervision or qualified probation includes 
9 either satisfactory or unsatisfactory termination of 
10 the sentence, unless otherwise specified in this 
11 Section. A sentence is terminated notwithstanding any 
12 outstanding financial legal obligation. 
13  (2) Minor Traffic Offenses.
Orders of supervision or 
14 convictions for minor traffic offenses shall not affect a 
15 petitioner's eligibility to expunge or seal records 
16 pursuant to this Section.
17  (2.5) Commencing 180 days after July 29, 2016 (the 
18 effective date of Public Act 99-697), the law enforcement 
19 agency issuing the citation shall automatically expunge, 
20 on or before January 1 and July 1 of each year, the law 
21 enforcement records of a person found to have committed a 
22 civil law violation of subsection (a) of Section 4 of the 
23 Cannabis Control Act or subsection (c) of Section 3.5 of 
24 the Drug Paraphernalia Control Act in the law enforcement 
25 agency's possession or control and which contains the 
26 final satisfactory disposition which pertain to the person 
 
 
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1 issued a citation for that offense.
The law enforcement 
2 agency shall provide by rule the process for access, 
3 review, and to confirm the automatic expungement by the 
4 law enforcement agency issuing the citation.
Commencing 
5 180 days after July 29, 2016 (the effective date of Public 
6 Act 99-697), the clerk of the circuit court shall expunge, 
7 upon order of the court, or in the absence of a court order 
8 on or before January 1 and July 1 of each year, the court 
9 records of a person found in the circuit court to have 
10 committed a civil law violation of subsection (a) of 
11 Section 4 of the Cannabis Control Act or subsection (c) of 
12 Section 3.5 of the Drug Paraphernalia Control Act in the 
13 clerk's possession or control and which contains the final 
14 satisfactory disposition which pertain to the person 
15 issued a citation for any of those offenses. 
16  (2.7) No later than 30 days after receipt of a 
17 certified copy of a diploma issued by an Illinois 
18 community college by a law enforcement agency that issued 
19 a citation relating to a minor cannabis offense from a 
20 person who was convicted of the minor cannabis offense, 
21 the law enforcement agency shall expunge the records of 
22 the person found to have committed such violation in the 
23 law enforcement agency's possession or control and which 
24 contains the final satisfactory disposition which pertain 
25 to the person issued a citation for that offense. After 
26 the expungement is complete, the law enforcement agency 
 
 
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1 shall notify the clerk of the circuit court, where the 
2 criminal file relating to the person's conviction is kept, 
3 that the expungement is complete. Each law enforcement 
4 agency shall provide by rule the process for access, 
5 review, and to confirm the expungement by the law 
6 enforcement agency issuing the citation. 
7  After receipt of a confirmation from a law enforcement 
8 agency that expunged the records of a person under this 
9 paragraph, the clerk of the circuit court shall expunge, 
10 upon order of the court, or in the absence of a court order 
11 on or before January 1 and July 1 of each year, the court 
12 records of a person related to the law enforcement file 
13 that the law enforcement agency expunged under this 
14 paragraph in the clerk's possession or control and which 
15 contains the final satisfactory disposition which pertain 
16 to the person issued a citation for any of those offenses. 
17  (3) Exclusions. Except as otherwise provided in 
18 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
19 of this Section, the court shall not order:
20   (A) the sealing or expungement of the records of 
21 arrests or charges not initiated by arrest that result 
22 in an order of supervision for or conviction of:
(i) 
23 any sexual offense committed against a
minor; (ii) 
24 Section 11-501 of the Illinois Vehicle Code or a 
25 similar provision of a local ordinance; or (iii) 
26 Section 11-503 of the Illinois Vehicle Code or a 
 
 
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1 similar provision of a local ordinance, unless the 
2 arrest or charge is for a misdemeanor violation of 
3 subsection (a) of Section 11-503 or a similar 
4 provision of a local ordinance, that occurred prior to 
5 the offender reaching the age of 25 years and the 
6 offender has no other conviction for violating Section 
7 11-501 or 11-503 of the Illinois Vehicle Code or a 
8 similar provision of a local ordinance.
9   (B) the sealing or expungement of records of minor 
10 traffic offenses (as defined in subsection (a)(1)(G)), 
11 unless the petitioner was arrested and released 
12 without charging.
13   (C) the sealing of the records of arrests or 
14 charges not initiated by arrest which result in an 
15 order of supervision or a conviction for the following 
16 offenses:
17    (i) offenses included in Article 11 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012 
19 or a similar provision of a local ordinance, 
20 except Section 11-14 and a misdemeanor violation 
21 of Section 11-30 of the Criminal Code of 1961 or 
22 the Criminal Code of 2012, or a similar provision 
23 of a local ordinance;
24    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
25 26-5, or 48-1 of the Criminal Code of 1961 or the 
26 Criminal Code of 2012, or a similar provision of a 
 
 
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1 local ordinance;
2    (iii) Section Sections 12-3.1 or 12-3.2 of the 
3 Criminal Code of 1961 or the Criminal Code of 
4 2012, or Section 125 of the Stalking No Contact 
5 Order Act, or Section 219 of the Civil No Contact 
6 Order Act, or a similar provision of a local 
7 ordinance;
8    (iv) Class A misdemeanors or felony offenses 
9 under the Humane Care for Animals Act; or
10    (v) any offense or attempted offense that 
11 would subject a person to registration under the 
12 Sex Offender Registration Act.
13   (D) (blank).
14 (b) Expungement.
15  (1) A petitioner may petition the circuit court to 
16 expunge the
records of his or her arrests and charges not 
17 initiated by arrest when each arrest or charge not 
18 initiated by arrest
sought to be expunged resulted in:
(i) 
19 acquittal, dismissal, or the petitioner's release without 
20 charging, unless excluded by subsection (a)(3)(B);
(ii) a 
21 conviction which was vacated or reversed, unless excluded 
22 by subsection (a)(3)(B);
(iii) an order of supervision and 
23 such supervision was successfully completed by the 
24 petitioner, unless excluded by subsection (a)(3)(A) or 
25 (a)(3)(B); or
(iv) an order of qualified probation (as 
26 defined in subsection (a)(1)(J)) and such probation was 
 
 
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1 successfully completed by the petitioner.
2  (1.5) When a petitioner seeks to have a record of 
3 arrest expunged under this Section, and the offender has 
4 been convicted of a criminal offense, the State's Attorney 
5 may object to the expungement on the grounds that the 
6 records contain specific relevant information aside from 
7 the mere fact of the arrest. 
8  (2) Time frame for filing a petition to expunge.
9   (A) When the arrest or charge not initiated by 
10 arrest sought to be expunged resulted in an acquittal, 
11 dismissal, the petitioner's release without charging, 
12 or the reversal or vacation of a conviction, there is 
13 no waiting period to petition for the expungement of 
14 such records.
15   (B) When the arrest or charge not initiated by 
16 arrest
sought to be expunged resulted in an order of 
17 supervision, successfully
completed by the petitioner, 
18 the following time frames will apply:
19    (i) Those arrests or charges that resulted in 
20 orders of
supervision under Section 3-707, 3-708, 
21 3-710, or 5-401.3 of the Illinois Vehicle Code or 
22 a similar provision of a local ordinance, or under 
23 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
24 Code of 1961 or the Criminal Code of 2012, or a 
25 similar provision of a local ordinance, shall not 
26 be eligible for expungement until 5 years have 
 
 
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1 passed following the satisfactory termination of 
2 the supervision.
3    (i-5) Those arrests or charges that resulted 
4 in orders of supervision for a misdemeanor 
5 violation of subsection (a) of Section 11-503 of 
6 the Illinois Vehicle Code or a similar provision 
7 of a local ordinance, that occurred prior to the 
8 offender reaching the age of 25 years and the 
9 offender has no other conviction for violating 
10 Section 11-501 or 11-503 of the Illinois Vehicle 
11 Code or a similar provision of a local ordinance 
12 shall not be eligible for expungement until the 
13 petitioner has reached the age of 25 years. 
14    (ii) Those arrests or charges that resulted in 
15 orders
of supervision for any other offenses shall 
16 not be
eligible for expungement until 2 years have 
17 passed
following the satisfactory termination of 
18 the supervision.
19   (C) When the arrest or charge not initiated by 
20 arrest sought to
be expunged resulted in an order of 
21 qualified probation, successfully
completed by the 
22 petitioner, such records shall not be eligible for

23 expungement until 5 years have passed following the 
24 satisfactory
termination of the probation.
25  (3) Those records maintained by the Illinois State 
26 Police for
persons arrested prior to their 17th birthday 
 
 
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1 shall be
expunged as provided in Section 5-915 of the 
2 Juvenile Court
Act of 1987.
3  (4) Whenever a person has been arrested for or 
4 convicted of any
offense, in the name of a person whose 
5 identity he or she has stolen or otherwise
come into 
6 possession of, the aggrieved person from whom the identity

7 was stolen or otherwise obtained without authorization,

8 upon learning of the person having been arrested using his

9 or her identity, may, upon verified petition to the chief 
10 judge of
the circuit wherein the arrest was made, have a 
11 court order
entered nunc pro tunc by the Chief Judge to 
12 correct the
arrest record, conviction record, if any, and 
13 all official
records of the arresting authority, the 
14 Illinois State Police, other
criminal justice agencies, 
15 the prosecutor, and the trial
court concerning such 
16 arrest, if any, by removing his or her name
from all such 
17 records in connection with the arrest and
conviction, if 
18 any, and by inserting in the records the
name of the 
19 offender, if known or ascertainable, in lieu of
the 
20 aggrieved's name. The records of the circuit court clerk 
21 shall be sealed until further order of
the court upon good 
22 cause shown and the name of the
aggrieved person 
23 obliterated on the official index
required to be kept by 
24 the circuit court clerk under
Section 16 of the Clerks of 
25 Courts Act, but the order shall
not affect any index 
26 issued by the circuit court clerk
before the entry of the 
 
 
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1 order. Nothing in this Section
shall limit the Illinois 
2 State Police or other
criminal justice agencies or 
3 prosecutors from listing
under an offender's name the 
4 false names he or she has
used.
5  (5) Whenever a person has been convicted of criminal

6 sexual assault, aggravated criminal sexual assault,

7 predatory criminal sexual assault of a child, criminal

8 sexual abuse, or aggravated criminal sexual abuse, the

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

10 Attorney of the county in which the conviction occurred

11 file a verified petition with the presiding trial judge at

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

14 with the proceedings of the trial court concerning that

15 offense. However, the records of the arresting authority

16 and the Illinois State Police concerning the offense
shall 
17 not be sealed. The court, upon good cause shown,
shall 
18 make the records of the circuit court clerk in
connection 
19 with the proceedings of the trial court
concerning the 
20 offense available for public inspection.
21  (6) If a conviction has been set aside on direct 
22 review
or on collateral attack and the court determines by 
23 clear
and convincing evidence that the petitioner was 
24 factually
innocent of the charge, the court that finds the 
25 petitioner factually innocent of the charge shall enter an

26 expungement order for the conviction for which the 
 
 
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1 petitioner has been determined to be innocent as provided 
2 in subsection (b) of Section
5-5-4 of the Unified Code of 
3 Corrections.
4  (7) Nothing in this Section shall prevent the Illinois

5 State Police from maintaining all records of any person 
6 who
is admitted to probation upon terms and conditions and 
7 who
fulfills those terms and conditions pursuant to 
8 Section 10
of the Cannabis Control Act, Section 410 of the 
9 Illinois
Controlled Substances Act, Section 70 of the

10 Methamphetamine Control and Community Protection Act,

11 Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
12 Corrections, Section 12-4.3 or subdivision (b)(1) of 
13 Section 12-3.05 of the Criminal Code of 1961 or the 
14 Criminal Code of 2012, Section 10-102
of the Illinois 
15 Alcoholism and Other Drug Dependency Act,
Section 40-10 of 
16 the Substance Use Disorder Act, or Section 10 of the 
17 Steroid Control Act.
18  (8) If the petitioner has been granted a certificate 
19 of innocence under Section 2-702 of the Code of Civil 
20 Procedure, the court that grants the certificate of 
21 innocence shall also enter an order expunging the 
22 conviction for which the petitioner has been determined to 
23 be innocent as provided in subsection (h) of Section 2-702 
24 of the Code of Civil Procedure.
25 (c) Sealing.
26  (1) Applicability. Notwithstanding any other provision 
 
 
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1 of this Act to the contrary, and cumulative with any 
2 rights to expungement of criminal records, this subsection 
3 authorizes the sealing of criminal records of adults and 
4 of minors prosecuted as adults. Subsection (g) of this 
5 Section provides for immediate sealing of certain records. 
6  (2) Eligible Records. The following records may be 
7 sealed:
8   (A) All arrests resulting in release without 
9 charging;
10   (B) Arrests or charges not initiated by arrest 
11 resulting in acquittal, dismissal, or conviction when 
12 the conviction was reversed or vacated, except as 
13 excluded by subsection (a)(3)(B);
14   (C) Arrests or charges not initiated by arrest 
15 resulting in orders of supervision, including orders 
16 of supervision for municipal ordinance violations, 
17 successfully completed by the petitioner, unless 
18 excluded by subsection (a)(3);
19   (D) Arrests or charges not initiated by arrest 
20 resulting in convictions, including convictions on 
21 municipal ordinance violations, unless excluded by 
22 subsection (a)(3);
23   (E) Arrests or charges not initiated by arrest 
24 resulting in orders of first offender probation under 
25 Section 10 of the Cannabis Control Act, Section 410 of 
26 the Illinois Controlled Substances Act, Section 70 of 
 
 
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1 the Methamphetamine Control and Community Protection 
2 Act, or Section 5-6-3.3 of the Unified Code of 
3 Corrections; and
4   (F) Arrests or charges not initiated by arrest 
5 resulting in felony convictions unless otherwise 
6 excluded by subsection (a) paragraph (3) of this 
7 Section.
8  (3) When Records Are Eligible to Be Sealed. Records 
9 identified as eligible under subsection (c)(2) may be 
10 sealed as follows:
11   (A) Records identified as eligible under 
12 subsections subsection (c)(2)(A) and (c)(2)(B) may be 
13 sealed at any time.
14   (B) Except as otherwise provided in subparagraph 
15 (E) of this paragraph (3), records identified as 
16 eligible under subsection (c)(2)(C) may be sealed
2 
17 years after the termination of petitioner's last 
18 sentence (as defined in subsection (a)(1)(F)).
19   (C) Except as otherwise provided in subparagraph 
20 (E) of this paragraph (3), records identified as 
21 eligible under subsections (c)(2)(D), (c)(2)(E), and 
22 (c)(2)(F) may be sealed 3 years after the termination 
23 of the petitioner's last sentence (as defined in 
24 subsection (a)(1)(F)). Convictions requiring public 
25 registration under the Arsonist Registration Act, the 
26 Sex Offender Registration Act, or the Murderer and 
 
 
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1 Violent Offender Against Youth Registration Act may 
2 not be sealed until the petitioner is no longer 
3 required to register under that relevant Act.
4   (D) Records identified in subsection 
5 (a)(3)(A)(iii) may be sealed after the petitioner has 
6 reached the age of 25 years. 
7   (E) Records identified as eligible under 
8 subsection subsections (c)(2)(C), (c)(2)(D), 
9 (c)(2)(E), or (c)(2)(F) may be sealed upon termination 
10 of the petitioner's last sentence if the petitioner 
11 earned a high school diploma, associate's degree, 
12 career certificate, vocational technical 
13 certification, or bachelor's degree, or passed the 
14 high school level Test of General Educational 
15 Development, during the period of his or her sentence 
16 or mandatory supervised release. This subparagraph 
17 shall apply only to a petitioner who has not completed 
18 the same educational goal prior to the period of his or 
19 her sentence or mandatory supervised release. If a 
20 petition for sealing eligible records filed under this 
21 subparagraph is denied by the court, the time periods 
22 under subparagraph (B) or (C) shall apply to any 
23 subsequent petition for sealing filed by the 
24 petitioner.
25  (4) Subsequent felony convictions. A person may not 
26 have
subsequent felony conviction records sealed as 
 
 
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1 provided in this subsection
(c) if he or she is convicted 
2 of any felony offense after the date of the
sealing of 
3 prior felony convictions as provided in this subsection 
4 (c). The court may, upon conviction for a subsequent 
5 felony offense, order the unsealing of prior felony 
6 conviction records previously ordered sealed by the court.
7  (5) Notice of eligibility for sealing. Upon entry of a 
8 disposition for an eligible record under this subsection 
9 (c), the petitioner shall be informed by the court of the 
10 right to have the records sealed and the procedures for 
11 the sealing of the records.
12 (d) Procedure. The following procedures apply to 
13expungement under subsections (b), (e), and (e-6) and sealing 
14under subsections (c) and (e-5):
15  (1) Filing the petition. Upon becoming eligible to 
16 petition for
the expungement or sealing of records under 
17 this Section, the petitioner shall file a petition 
18 requesting the expungement
or sealing of records with the 
19 clerk of the court where the arrests occurred or the 
20 charges were brought, or both. If arrests occurred or 
21 charges were brought in multiple jurisdictions, a petition 
22 must be filed in each such jurisdiction. The petitioner 
23 shall pay the applicable fee, except no fee shall be 
24 required if the petitioner has obtained a court order 
25 waiving fees under Supreme Court Rule 298 or it is 
26 otherwise waived.
 
 
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1  (1.5) County fee waiver pilot program.
From August 9, 
2 2019 (the effective date of Public Act 101-306) through 
3 December 31, 2020, in a county of 3,000,000 or more 
4 inhabitants, no fee shall be required to be paid by a 
5 petitioner if the records sought to be expunged or sealed 
6 were arrests resulting in release without charging or 
7 arrests or charges not initiated by arrest resulting in 
8 acquittal, dismissal, or conviction when the conviction 
9 was reversed or vacated, unless excluded by subsection 
10 (a)(3)(B). The provisions of this paragraph (1.5), other 
11 than this sentence, are inoperative on and after January 
12 1, 2022. 
13  (2) Contents of petition. The petition shall be

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

15 birth, current address and, for each arrest or charge not 
16 initiated by
arrest sought to be sealed or expunged, the 
17 case number, the date of
arrest (if any), the identity of 
18 the arresting authority, and such
other information as the 
19 court may require. During the pendency
of the proceeding, 
20 the petitioner shall promptly notify the
circuit court 
21 clerk of any change of his or her address. If the 
22 petitioner has received a certificate of eligibility for 
23 sealing from the Prisoner Review Board under paragraph 
24 (10) of subsection (a) of Section 3-3-2 of the Unified 
25 Code of Corrections, the certificate shall be attached to 
26 the petition.
 
 
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1  (3) Drug test. The petitioner must attach to the 
2 petition proof that the petitioner has taken within 30 
3 days before the filing of the petition a test showing the 
4 absence within his or her body of all illegal substances 
5 as defined by the Illinois Controlled Substances Act and 
6 the Methamphetamine Control and Community Protection Act 
7 if he or she is petitioning to:
8   (A) seal felony records under clause (c)(2)(E);
9   (B) seal felony records for a violation of the 
10 Illinois Controlled Substances Act, the 
11 Methamphetamine Control and Community Protection Act, 
12 or the Cannabis Control Act under clause (c)(2)(F);
13   (C) seal felony records under subsection (e-5); or 
14   (D) expunge felony records of a qualified 
15 probation under clause (b)(1)(iv).
16  (4) Service of petition. The circuit court clerk shall 
17 promptly
serve a copy of the petition and documentation to 
18 support the petition under subsection (e-5) or (e-6) on 
19 the State's Attorney or
prosecutor charged with the duty 
20 of prosecuting the
offense, the Illinois State Police, the 
21 arresting
agency and the chief legal officer of the unit 
22 of local
government effecting the arrest.
23  (5) Objections.
24   (A) Any party entitled to notice of the petition 
25 may file an objection to the petition. All objections 
26 shall be in writing, shall be filed with the circuit 
 
 
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1 court clerk, and shall state with specificity the 
2 basis of the objection. Whenever a person who has been 
3 convicted of an offense is granted
a pardon by the 
4 Governor which specifically authorizes expungement, an 
5 objection to the petition may not be filed.
6   (B) Objections to a petition to expunge or seal 
7 must be filed within 60 days of the date of service of 
8 the petition.
9  (6) Entry of order.
10   (A) The Chief Judge of the circuit wherein the 
11 charge was brought, any judge of that circuit 
12 designated by the Chief Judge, or in counties of less 
13 than 3,000,000 inhabitants, the presiding trial judge 
14 at the petitioner's trial, if any, shall rule on the 
15 petition to expunge or seal as set forth in this 
16 subsection (d)(6).
17   (B) Unless the State's Attorney or prosecutor, the 
18 Illinois
State Police, the arresting agency, or the 
19 chief legal officer
files an objection to the petition 
20 to expunge or seal within 60 days from the date of 
21 service of the petition, the court shall enter an 
22 order granting or denying the petition.
23   (C) Notwithstanding any other provision of law, 
24 the court shall not deny a petition for sealing under 
25 this Section because the petitioner has not satisfied 
26 an outstanding legal financial obligation established, 
 
 
HB3846- 23 -LRB103 26748 AWJ 53111 b


1 imposed, or originated by a court, law enforcement 
2 agency, or a municipal, State, county, or other unit 
3 of local government, including, but not limited to, 
4 any cost, assessment, fine, or fee. An outstanding 
5 legal financial obligation does not include any court 
6 ordered restitution to a victim under Section 5-5-6 of 
7 the Unified Code of Corrections, unless the 
8 restitution has been converted to a civil judgment. 
9 Nothing in this subparagraph (C) waives, rescinds, or 
10 abrogates a legal financial obligation or otherwise 
11 eliminates or affects the right of the holder of any 
12 financial obligation to pursue collection under 
13 applicable federal, State, or local law. 
14   (D) Notwithstanding any other provision of law,

15 the court shall not deny a petition to expunge or seal 
16 under this Section because the petitioner has 
17 submitted a drug test taken within 30 days before the 
18 filing of the petition to expunge or seal that 
19 indicates a positive test for the presence of cannabis 
20 within the petitioner's body. In this subparagraph 
21 (D), "cannabis" has the meaning ascribed to it in 
22 Section 3 of the Cannabis Control Act. 
23  (7) Hearings. If an objection is filed, the court 
24 shall set a date for a hearing and notify the petitioner 
25 and all parties entitled to notice of the petition of the 
26 hearing date at least 30 days prior to the hearing. Prior 
 
 
HB3846- 24 -LRB103 26748 AWJ 53111 b


1 to the hearing, the State's Attorney shall consult with 
2 the Illinois State Police as to the appropriateness of the 
3 relief sought in the petition to expunge or seal. At the 
4 hearing, the court shall hear evidence on whether the 
5 petition should or should not be granted, and shall grant 
6 or deny the petition to expunge or seal the records based 
7 on the evidence presented at the hearing. The court may 
8 consider the following:
9   (A) the strength of the evidence supporting the 
10 defendant's conviction; 
11   (B) the reasons for retention of the conviction 
12 records by the State; 
13   (C) the petitioner's age, criminal record history, 
14 and employment history; 
15   (D) the period of time between the petitioner's 
16 arrest on the charge resulting in the conviction and 
17 the filing of the petition under this Section; and 
18   (E) the specific adverse consequences the 
19 petitioner may be subject to if the petition is 
20 denied. 
21  (8) Service of order. After entering an order to 
22 expunge or
seal records, the court must provide copies of 
23 the order to the
Illinois State Police, in a form and 
24 manner prescribed by the Illinois State Police,
to the 
25 petitioner, to the State's Attorney or prosecutor
charged 
26 with the duty of prosecuting the offense, to the
arresting 
 
 
HB3846- 25 -LRB103 26748 AWJ 53111 b


1 agency, to the chief legal officer of the unit of
local 
2 government effecting the arrest, and to such other

3 criminal justice agencies as may be ordered by the court.
4  (9) Implementation of order.
5   (A) Upon entry of an order to expunge records 
6 pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or 
7 both:
8    (i) the records shall be expunged (as defined 
9 in subsection (a)(1)(E)) by the arresting agency, 
10 the Illinois State Police, and any other agency as 
11 ordered by the court, within 60 days of the date of 
12 service of the order, unless a motion to vacate, 
13 modify, or reconsider the order is filed pursuant 
14 to paragraph (12) of subsection (d) of this 
15 Section;
16    (ii) the records of the circuit court clerk 
17 shall be impounded until further order of the 
18 court upon good cause shown and the name of the 
19 petitioner obliterated on the official index 
20 required to be kept by the circuit court clerk 
21 under Section 16 of the Clerks of Courts Act, but 
22 the order shall not affect any index issued by the 
23 circuit court clerk before the entry of the order; 
24 and
25    (iii) in response to an inquiry for expunged 
26 records, the court, the Illinois State Police, or 
 
 
HB3846- 26 -LRB103 26748 AWJ 53111 b


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

23 Illinois State Police within 60 days of the date 
24 of service of the order as ordered by the court, 
25 unless a motion to vacate, modify, or reconsider 
26 the order is filed pursuant to paragraph (12) of 
 
 
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1 subsection (d) of this Section;
2    (iv) records impounded by the Illinois State 
3 Police may be disseminated by the Illinois State 
4 Police only as required by law or to the arresting 
5 authority, the State's Attorney, and the court 
6 upon a later arrest for the same or a similar 
7 offense or for the purpose of sentencing for any 
8 subsequent felony, and to the Department of 
9 Corrections upon conviction for any offense; and
10    (v) in response to an inquiry for such records 
11 from anyone not authorized by law to access such 
12 records, the court, the Illinois State Police, or 
13 the agency receiving such inquiry shall reply as 
14 it does in response to inquiries when no records 
15 ever existed.
16   (B-5) Upon entry of an order to expunge records 
17 under subsection (e-6):
18    (i) the records shall be expunged (as defined 
19 in subsection (a)(1)(E)) by the arresting agency 
20 and any other agency as ordered by the court, 
21 within 60 days of the date of service of the order, 
22 unless a motion to vacate, modify, or reconsider 
23 the order is filed under paragraph (12) of 
24 subsection (d) of this Section;
25    (ii) the records of the circuit court clerk 
26 shall be impounded until further order of the 
 
 
HB3846- 28 -LRB103 26748 AWJ 53111 b


1 court upon good cause shown and the name of the 
2 petitioner obliterated on the official index 
3 required to be kept by the circuit court clerk 
4 under Section 16 of the Clerks of Courts Act, but 
5 the order shall not affect any index issued by the 
6 circuit court clerk before the entry of the order;
7    (iii) the records shall be impounded by the

8 Illinois State Police within 60 days of the date 
9 of service of the order as ordered by the court, 
10 unless a motion to vacate, modify, or reconsider 
11 the order is filed under paragraph (12) of 
12 subsection (d) of this Section;
13    (iv) records impounded by the Illinois State 
14 Police may be disseminated by the Illinois State 
15 Police only as required by law or to the arresting 
16 authority, the State's Attorney, and the court 
17 upon a later arrest for the same or a similar 
18 offense or for the purpose of sentencing for any 
19 subsequent felony, and to the Department of 
20 Corrections upon conviction for any offense; and
21    (v) in response to an inquiry for these 
22 records from anyone not authorized by law to 
23 access the records, the court, the Illinois State 
24 Police, or the agency receiving the inquiry shall 
25 reply as it does in response to inquiries when no 
26 records ever existed. 
 
 
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1   (C) Upon entry of an order to seal records under 
2 subsection
(c), the arresting agency, any other agency 
3 as ordered by the court, the Illinois State Police, 
4 and the court shall seal the records (as defined in 
5 subsection (a)(1)(K)). In response to an inquiry for 
6 such records, from anyone not authorized by law to 
7 access such records, the court, the Illinois State 
8 Police, or the agency receiving such inquiry shall 
9 reply as it does in response to inquiries when no 
10 records ever existed.
11   (D) The Illinois State Police shall send written 
12 notice to the petitioner of its compliance with each 
13 order to expunge or seal records within 60 days of the 
14 date of service of that order or, if a motion to 
15 vacate, modify, or reconsider is filed, within 60 days 
16 of service of the order resolving the motion, if that 
17 order requires the Illinois State Police to expunge or 
18 seal records. In the event of an appeal from the 
19 circuit court order, the Illinois State Police shall 
20 send written notice to the petitioner of its 
21 compliance with an Appellate Court or Supreme Court 
22 judgment to expunge or seal records within 60 days of 
23 the issuance of the court's mandate. The notice is not 
24 required while any motion to vacate, modify, or 
25 reconsider, or any appeal or petition for 
26 discretionary appellate review, is pending. 
 
 
HB3846- 30 -LRB103 26748 AWJ 53111 b


1   (E) Upon motion, the court may order that a sealed 
2 judgment or other court record necessary to 
3 demonstrate the amount of any legal financial 
4 obligation due and owing be made available for the 
5 limited purpose of collecting any legal financial 
6 obligations owed by the petitioner that were 
7 established, imposed, or originated in the criminal 
8 proceeding for which those records have been sealed. 
9 The records made available under this subparagraph (E) 
10 shall not be entered into the official index required 
11 to be kept by the circuit court clerk under Section 16 
12 of the Clerks of Courts Act and shall be immediately 
13 re-impounded upon the collection of the outstanding 
14 financial obligations. 
15   (F) Notwithstanding any other provision of this 
16 Section, a circuit court clerk may access a sealed 
17 record for the limited purpose of collecting payment 
18 for any legal financial obligations that were 
19 established, imposed, or originated in the criminal 
20 proceedings for which those records have been sealed. 
21  (10) Fees. The Illinois State Police may charge the 
22 petitioner a fee equivalent to the cost of processing any 
23 order to expunge or seal records. Notwithstanding any 
24 provision of the Clerks of Courts Act to the contrary, the 
25 circuit court clerk may charge a fee equivalent to the 
26 cost associated with the sealing or expungement of records 
 
 
HB3846- 31 -LRB103 26748 AWJ 53111 b


1 by the circuit court clerk. From the total filing fee 
2 collected for the petition to seal or expunge, the circuit 
3 court clerk shall deposit $10 into the Circuit Court Clerk 
4 Operation and Administrative Fund, to be used to offset 
5 the costs incurred by the circuit court clerk in 
6 performing the additional duties required to serve the 
7 petition to seal or expunge on all parties. The circuit 
8 court clerk shall collect and remit the Illinois State 
9 Police portion of the fee to the State Treasurer and it 
10 shall be deposited in the State Police Services Fund. If 
11 the record brought under an expungement petition was 
12 previously sealed under this Section, the fee for the 
13 expungement petition for that same record shall be waived. 
14  (11) Final Order. No court order issued under the 
15 expungement or sealing provisions of this Section shall 
16 become final for purposes of appeal until 30 days after 
17 service of the order on the petitioner and all parties 
18 entitled to notice of the petition.
19  (12) Motion to Vacate, Modify, or Reconsider. Under 
20 Section 2-1203 of the Code of Civil Procedure, the 
21 petitioner or any party entitled to notice may file a 
22 motion to vacate, modify, or reconsider the order granting 
23 or denying the petition to expunge or seal within 60 days 
24 of service of the order. If filed more than 60 days after 
25 service of the order, a petition to vacate, modify, or 
26 reconsider shall comply with subsection (c) of Section 
 
 
HB3846- 32 -LRB103 26748 AWJ 53111 b


1 2-1401 of the Code of Civil Procedure. Upon filing of a 
2 motion to vacate, modify, or reconsider, notice of the 
3 motion shall be served upon the petitioner and all parties 
4 entitled to notice of the petition. 
5  (13) Effect of Order. An order granting a petition 
6 under the expungement or sealing provisions of this 
7 Section shall not be considered void because it fails to 
8 comply with the provisions of this Section or because of 
9 any error asserted in a motion to vacate, modify, or 
10 reconsider. The circuit court retains jurisdiction to 
11 determine whether the order is voidable and to vacate, 
12 modify, or reconsider its terms based on a motion filed 
13 under paragraph (12) of this subsection (d).
14  (14) Compliance with Order Granting Petition to Seal 
15 Records. Unless a court has entered a stay of an order 
16 granting a petition to seal, all parties entitled to 
17 notice of the petition must fully comply with the terms of 
18 the order within 60 days of service of the order even if a 
19 party is seeking relief from the order through a motion 
20 filed under paragraph (12) of this subsection (d) or is 
21 appealing the order.
22  (15) Compliance with Order Granting Petition to 
23 Expunge Records. While a party is seeking relief from the 
24 order granting the petition to expunge through a motion 
25 filed under paragraph (12) of this subsection (d) or is 
26 appealing the order, and unless a court has entered a stay 
 
 
HB3846- 33 -LRB103 26748 AWJ 53111 b


1 of that order, the parties entitled to notice of the 
2 petition must seal, but need not expunge, the records 
3 until there is a final order on the motion for relief or, 
4 in the case of an appeal, the issuance of that court's 
5 mandate.
6  (16) The changes to this subsection (d) made by Public 
7 Act 98-163 apply to all petitions pending on August 5, 
8 2013 (the effective date of Public Act 98-163) and to all 
9 orders ruling on a petition to expunge or seal on or after 
10 August 5, 2013 (the effective date of Public Act 98-163). 
11 (e) Whenever a person who has been convicted of an offense 
12is granted
a pardon by the Governor which specifically 
13authorizes expungement, he or she may,
upon verified petition 
14to the Chief Judge of the circuit where the person had
been 
15convicted, any judge of the circuit designated by the Chief 
16Judge, or in
counties of less than 3,000,000 inhabitants, the 
17presiding trial judge at the
defendant's trial, have a court 
18order entered expunging the record of
arrest from the official 
19records of the arresting authority and order that the
records 
20of the circuit court clerk and the Illinois State Police be 
21sealed until
further order of the court upon good cause shown 
22or as otherwise provided
herein, and the name of the defendant 
23obliterated from the official index
requested to be kept by 
24the circuit court clerk under Section 16 of the Clerks
of 
25Courts Act in connection with the arrest and conviction for 
26the offense for
which he or she had been pardoned but the order 
 
 
HB3846- 34 -LRB103 26748 AWJ 53111 b


1shall not affect any index issued by
the circuit court clerk 
2before the entry of the order. All records sealed by
the 
3Illinois State Police may be disseminated by the Illinois 
4State Police only to the arresting authority, the State's 
5Attorney, and the court upon a later
arrest for the same or 
6similar offense or for the purpose of sentencing for any

7subsequent felony. Upon conviction for any subsequent offense, 
8the Department
of Corrections shall have access to all sealed 
9records of the Illinois State Police
pertaining to that 
10individual. Upon entry of the order of expungement, the

11circuit court clerk shall promptly mail a copy of the order to 
12the
person who was pardoned.
13 (e-5) Whenever a person who has been convicted of an 
14offense is granted a certificate of eligibility for sealing by 
15the Prisoner Review Board which specifically authorizes 
16sealing, he or she may, upon verified petition to the Chief 
17Judge of the circuit where the person had been convicted, any 
18judge of the circuit designated by the Chief Judge, or in 
19counties of less than 3,000,000 inhabitants, the presiding 
20trial judge at the petitioner's trial, have a court order 
21entered sealing the record of arrest from the official records 
22of the arresting authority and order that the records of the 
23circuit court clerk and the Illinois State Police be sealed 
24until further order of the court upon good cause shown or as 
25otherwise provided herein, and the name of the petitioner 
26obliterated from the official index requested to be kept by 
 
 
HB3846- 35 -LRB103 26748 AWJ 53111 b


1the circuit court clerk under Section 16 of the Clerks of 
2Courts Act in connection with the arrest and conviction for 
3the offense for which he or she had been granted the 
4certificate but the order shall not affect any index issued by 
5the circuit court clerk before the entry of the order. All 
6records sealed by the Illinois State Police may be 
7disseminated by the Illinois State Police only as required by 
8this Act or to the arresting authority, a law enforcement 
9agency, the State's Attorney, and the court upon a later 
10arrest for the same or similar offense or for the purpose of 
11sentencing for any subsequent felony. Upon conviction for any 
12subsequent offense, the Department of Corrections shall have 
13access to all sealed records of the Illinois State Police 
14pertaining to that individual. Upon entry of the order of 
15sealing, the circuit court clerk shall promptly mail a copy of 
16the order to the person who was granted the certificate of 
17eligibility for sealing. 
18 (e-6) Whenever a person who has been convicted of an 
19offense is granted a certificate of eligibility for 
20expungement by the Prisoner Review Board which specifically 
21authorizes expungement, he or she may, upon verified petition 
22to the Chief Judge of the circuit where the person had been 
23convicted, any judge of the circuit designated by the Chief 
24Judge, or in counties of less than 3,000,000 inhabitants, the 
25presiding trial judge at the petitioner's trial, have a court 
26order entered expunging the record of arrest from the official 
 
 
HB3846- 36 -LRB103 26748 AWJ 53111 b


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

24of Corrections shall conduct a study of the impact of sealing,

25especially on employment and recidivism rates, utilizing a

26random sample of those who apply for the sealing of their

 
 
HB3846- 37 -LRB103 26748 AWJ 53111 b


1criminal records under Public Act 93-211. At the request of 
2the
Illinois Department of Corrections, records of the 
3Illinois
Department of Employment Security shall be utilized 
4as
appropriate to assist in the study. The study shall not

5disclose any data in a manner that would allow the

6identification of any particular individual or employing unit.

7The study shall be made available to the General Assembly no

8later than September 1, 2010.

9 (g) Immediate Sealing.
10  (1) Applicability. Notwithstanding any other provision 
11 of this Act to the contrary, and cumulative with any 
12 rights to expungement or sealing of criminal records, this 
13 subsection authorizes the immediate sealing of criminal 
14 records of adults and of minors prosecuted as adults.
15  (2) Eligible Records. Arrests or charges not initiated 
16 by arrest resulting in acquittal or dismissal with 
17 prejudice, except as excluded by subsection (a)(3)(B), 
18 that occur on or after January 1, 2018 (the effective date 
19 of Public Act 100-282), may be sealed immediately if the 
20 petition is filed with the circuit court clerk on the same 
21 day and during the same hearing in which the case is 
22 disposed.
23  (3) When Records are Eligible to be Immediately 
24 Sealed. Eligible records under paragraph (2) of this 
25 subsection (g) may be sealed immediately after entry of 
26 the final disposition of a case, notwithstanding the 
 
 
HB3846- 38 -LRB103 26748 AWJ 53111 b


1 disposition of other charges in the same case.
2  (4) Notice of Eligibility for Immediate Sealing. Upon 
3 entry of a disposition for an eligible record under this 
4 subsection (g), the defendant shall be informed by the 
5 court of his or her right to have eligible records 
6 immediately sealed and the procedure for the immediate 
7 sealing of these records.
8  (5) Procedure. The following procedures apply to 
9 immediate sealing under this subsection (g).
10   (A) Filing the Petition. Upon entry of the final 
11 disposition of the case, the defendant's attorney may 
12 immediately petition the court, on behalf of the 
13 defendant, for immediate sealing of eligible records 
14 under paragraph (2) of this subsection (g) that are 
15 entered on or after January 1, 2018 (the effective 
16 date of Public Act 100-282). The immediate sealing 
17 petition may be filed with the circuit court clerk 
18 during the hearing in which the final disposition of 
19 the case is entered. If the defendant's attorney does 
20 not file the petition for immediate sealing during the 
21 hearing, the defendant may file a petition for sealing 
22 at any time as authorized under subsection (c)(3)(A).
23   (B) Contents of Petition. The immediate sealing 
24 petition shall be verified and shall contain the 
25 petitioner's name, date of birth, current address, and 
26 for each eligible record, the case number, the date of 
 
 
HB3846- 39 -LRB103 26748 AWJ 53111 b


1 arrest if applicable, the identity of the arresting 
2 authority if applicable, and other information as the 
3 court may require.
4   (C) Drug Test. The petitioner shall not be 
5 required to attach proof that he or she has passed a 
6 drug test.
7   (D) Service of Petition. A copy of the petition 
8 shall be served on the State's Attorney in open court. 
9 The petitioner shall not be required to serve a copy of 
10 the petition on any other agency.
11   (E) Entry of Order. The presiding trial judge 
12 shall enter an order granting or denying the petition 
13 for immediate sealing during the hearing in which it 
14 is filed. Petitions for immediate sealing shall be 
15 ruled on in the same hearing in which the final 
16 disposition of the case is entered.
17   (F) Hearings. The court shall hear the petition 
18 for immediate sealing on the same day and during the 
19 same hearing in which the disposition is rendered.
20   (G) Service of Order. An order to immediately seal 
21 eligible records shall be served in conformance with 
22 subsection (d)(8).
23   (H) Implementation of Order. An order to 
24 immediately seal records shall be implemented in 
25 conformance with subsections (d)(9)(C) and (d)(9)(D).
26   (I) Fees. The fee imposed by the circuit court 
 
 
HB3846- 40 -LRB103 26748 AWJ 53111 b


1 clerk and the Illinois State Police shall comply with 
2 paragraph (1) of subsection (d) of this Section.
3   (J) Final Order. No court order issued under this 
4 subsection (g) shall become final for purposes of 
5 appeal until 30 days after service of the order on the 
6 petitioner and all parties entitled to service of the 
7 order in conformance with subsection (d)(8).
8   (K) Motion to Vacate, Modify, or Reconsider. Under 
9 Section 2-1203 of the Code of Civil Procedure, the 
10 petitioner, State's Attorney, or the Illinois State 
11 Police may file a motion to vacate, modify, or 
12 reconsider the order denying the petition to 
13 immediately seal within 60 days of service of the 
14 order. If filed more than 60 days after service of the 
15 order, a petition to vacate, modify, or reconsider 
16 shall comply with subsection (c) of Section 2-1401 of 
17 the Code of Civil Procedure.
18   (L) Effect of Order. An order granting an 
19 immediate sealing petition shall not be considered 
20 void because it fails to comply with the provisions of 
21 this Section or because of an error asserted in a 
22 motion to vacate, modify, or reconsider. The circuit 
23 court retains jurisdiction to determine whether the 
24 order is voidable, and to vacate, modify, or 
25 reconsider its terms based on a motion filed under 
26 subparagraph (L) of this subsection (g).
 
 
HB3846- 41 -LRB103 26748 AWJ 53111 b


1   (M) Compliance with Order Granting Petition to 
2 Seal Records. Unless a court has entered a stay of an 
3 order granting a petition to immediately seal, all 
4 parties entitled to service of the order must fully 
5 comply with the terms of the order within 60 days of 
6 service of the order. 
7 (h) Sealing; trafficking victims.
8  (1) A trafficking victim as defined by paragraph (10) 
9 of subsection (a) of Section 10-9 of the Criminal Code of 
10 2012 shall be eligible to petition for immediate sealing 
11 of his or her criminal record upon the completion of his or 
12 her last sentence if his or her participation in the 
13 underlying offense was a direct result of human 
14 trafficking under Section 10-9 of the Criminal Code of 
15 2012 or a severe form of trafficking under the federal 
16 Trafficking Victims Protection Act.
17  (2) A petitioner under this subsection (h), in 
18 addition to the requirements provided under paragraph (4) 
19 of subsection (d) of this Section, shall include in his or 
20 her petition a clear and concise statement that: (A) he or 
21 she was a victim of human trafficking at the time of the 
22 offense; and (B) that his or her participation in the 
23 offense was a direct result of human trafficking under 
24 Section 10-9 of the Criminal Code of 2012 or a severe form 
25 of trafficking under the federal Trafficking Victims 
26 Protection Act. 
 
 
HB3846- 42 -LRB103 26748 AWJ 53111 b


1  (3) If an objection is filed alleging that the 
2 petitioner is not entitled to immediate sealing under this 
3 subsection (h), the court shall conduct a hearing under 
4 paragraph (7) of subsection (d) of this Section and the 
5 court shall determine whether the petitioner is entitled 
6 to immediate sealing under this subsection (h). A 
7 petitioner is eligible for immediate relief under this 
8 subsection (h) if he or she shows, by a preponderance of 
9 the evidence, that: (A) he or she was a victim of human 
10 trafficking at the time of the offense; and (B) that his or 
11 her participation in the offense was a direct result of 
12 human trafficking under Section 10-9 of the Criminal Code 
13 of 2012 or a severe form of trafficking under the federal 
14 Trafficking Victims Protection Act.
15 (i) Minor Cannabis Offenses under the Cannabis Control 
16Act.
17  (1) Expungement of Arrest Records of Minor Cannabis 
18 Offenses.
19   (A) The Illinois State Police and all law 
20 enforcement agencies within the State shall 
21 automatically expunge all criminal history records of 
22 an arrest, charge not initiated by arrest, order of 
23 supervision, or order of qualified probation for a 
24 Minor Cannabis Offense committed prior to June 25, 
25 2019 (the effective date of Public Act 101-27) if:
26    (i) One year or more has elapsed since the 
 
 
HB3846- 43 -LRB103 26748 AWJ 53111 b


1 date of the arrest or law enforcement interaction 
2 documented in the records; and
3    (ii) No criminal charges were filed relating 
4 to the arrest or law enforcement interaction or 
5 criminal charges were filed and subsequently 
6 dismissed or vacated or the arrestee was 
7 acquitted.
8   (B) If the law enforcement agency is unable to 
9 verify satisfaction of condition (ii) in paragraph 
10 (A), records that satisfy condition (i) in paragraph 
11 (A) shall be automatically expunged.
12   (C) Records shall be expunged by the law 
13 enforcement agency under the following timelines:
14    (i) Records created prior to June 25, 2019 
15 (the effective date of Public Act 101-27), but on 
16 or after January 1, 2013, shall be automatically 
17 expunged prior to January 1, 2021;
18    (ii) Records created prior to January 1, 2013, 
19 but on or after January 1, 2000, shall be 
20 automatically expunged prior to January 1, 2023;
21    (iii) Records created prior to January 1, 2000 
22 shall be automatically expunged prior to January 
23 1, 2025.
24   In response to an inquiry for expunged records, 
25 the law enforcement agency receiving such inquiry 
26 shall reply as it does in response to inquiries when no 
 
 
HB3846- 44 -LRB103 26748 AWJ 53111 b


1 records ever existed; however, it shall provide a 
2 certificate of disposition or confirmation that the 
3 record was expunged to the individual whose record was 
4 expunged if such a record exists. 
5   (D) Nothing in this Section shall be construed to 
6 restrict or modify an individual's right to have that 
7 individual's records expunged except as otherwise may 
8 be provided in this Act, or diminish or abrogate any 
9 rights or remedies otherwise available to the 
10 individual.
11  (2) Pardons Authorizing Expungement of Minor Cannabis 
12 Offenses.
13   (A) Upon June 25, 2019 (the effective date of 
14 Public Act 101-27), the Department of State Police 
15 shall review all criminal history record information 
16 and identify all records that meet all of the 
17 following criteria:
18    (i) one or more convictions for a Minor 
19 Cannabis Offense;
20    (ii) the conviction identified in paragraph 
21 (2)(A)(i) did not include a penalty enhancement 
22 under Section 7 of the Cannabis Control Act; and
23    (iii) the conviction identified in paragraph 
24 (2)(A)(i) is not associated with a conviction for 
25 a violent crime as defined in subsection (c) of 
26 Section 3 of the Rights of Crime Victims and 
 
 
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1 Witnesses Act.
2   (B) Within 180 days after June 25, 2019 (the 
3 effective date of Public Act 101-27), the Department 
4 of State Police shall notify the Prisoner Review Board 
5 of all such records that meet the criteria established 
6 in paragraph (2)(A).
7    (i) The Prisoner Review Board shall notify the 
8 State's Attorney of the county of conviction of 
9 each record identified by State Police in 
10 paragraph (2)(A) that is classified as a Class 4 
11 felony. The State's Attorney may provide a written 
12 objection to the Prisoner Review Board on the sole 
13 basis that the record identified does not meet the 
14 criteria established in paragraph (2)(A). Such an 
15 objection must be filed within 60 days or by such 
16 later date set by the Prisoner Review Board in the 
17 notice after the State's Attorney received notice 
18 from the Prisoner Review Board.
19    (ii) In response to a written objection from a 
20 State's Attorney, the Prisoner Review Board is 
21 authorized to conduct a non-public hearing to 
22 evaluate the information provided in the 
23 objection.
24    (iii) The Prisoner Review Board shall make a 
25 confidential and privileged recommendation to the 
26 Governor as to whether to grant a pardon 
 
 
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1 authorizing expungement for each of the records 
2 identified by the Department of State Police as 
3 described in paragraph (2)(A).
4   (C) If an individual has been granted a pardon 
5 authorizing expungement as described in this Section, 
6 the Prisoner Review Board, through the Attorney 
7 General, shall file a petition for expungement with 
8 the Chief Judge of the circuit or any judge of the 
9 circuit designated by the Chief Judge where the 
10 individual had been convicted. Such petition may 
11 include more than one individual. Whenever an 
12 individual who has been convicted of an offense is 
13 granted a pardon by the Governor that specifically 
14 authorizes expungement, an objection to the petition 
15 may not be filed. Petitions to expunge under this 
16 subsection (i) may include more than one individual. 
17 Within 90 days of the filing of such a petition, the 
18 court shall enter an order expunging the records of 
19 arrest from the official records of the arresting 
20 authority and order that the records of the circuit 
21 court clerk and the Illinois State Police be expunged 
22 and the name of the defendant obliterated from the 
23 official index requested to be kept by the circuit 
24 court clerk under Section 16 of the Clerks of Courts 
25 Act in connection with the arrest and conviction for 
26 the offense for which the individual had received a 
 
 
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1 pardon but the order shall not affect any index issued 
2 by the circuit court clerk before the entry of the 
3 order. Upon entry of the order of expungement, the 
4 circuit court clerk shall promptly provide a copy of 
5 the order and a certificate of disposition to the 
6 individual who was pardoned to the individual's last 
7 known address or by electronic means (if available) or 
8 otherwise make it available to the individual upon 
9 request.
10   (D) Nothing in this Section is intended to 
11 diminish or abrogate any rights or remedies otherwise 
12 available to the individual.
13  (3) Any individual may file a motion to vacate and 
14 expunge a conviction for a misdemeanor or Class 4 felony 
15 violation of Section 4 or Section 5 of the Cannabis 
16 Control Act. Motions to vacate and expunge under this 
17 subsection (i) may be filed with the circuit court, Chief 
18 Judge of a judicial circuit or any judge of the circuit 
19 designated by the Chief Judge. The circuit court clerk 
20 shall promptly serve a copy of the motion to vacate and 
21 expunge, and any supporting documentation, on the State's 
22 Attorney or prosecutor charged with the duty of 
23 prosecuting the offense. When considering such a motion to 
24 vacate and expunge, a court shall consider the following: 
25 the reasons to retain the records provided by law 
26 enforcement, the petitioner's age, the petitioner's age at 
 
 
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1 the time of offense, the time since the conviction, and 
2 the specific adverse consequences if denied. An individual 
3 may file such a petition after the completion of any 
4 non-financial sentence or non-financial condition imposed 
5 by the conviction. Within 60 days of the filing of such 
6 motion, a State's Attorney may file an objection to such a 
7 petition along with supporting evidence. If a motion to 
8 vacate and expunge is granted, the records shall be 
9 expunged in accordance with subparagraphs (d)(8) and 
10 (d)(9)(A) of this Section. An agency providing civil legal 
11 aid, as defined by Section 15 of the Public Interest 
12 Attorney Assistance Act, assisting individuals seeking to 
13 file a motion to vacate and expunge under this subsection 
14 may file motions to vacate and expunge with the Chief 
15 Judge of a judicial circuit or any judge of the circuit 
16 designated by the Chief Judge, and the motion may include 
17 more than one individual. Motions filed by an agency 
18 providing civil legal aid concerning more than one 
19 individual may be prepared, presented, and signed 
20 electronically.
21  (4) Any State's Attorney may file a motion to vacate 
22 and expunge a conviction for a misdemeanor or Class 4 
23 felony violation of Section 4 or Section 5 of the Cannabis 
24 Control Act. Motions to vacate and expunge under this 
25 subsection (i) may be filed with the circuit court, Chief 
26 Judge of a judicial circuit or any judge of the circuit 
 
 
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1 designated by the Chief Judge, and may include more than 
2 one individual. Motions filed by a State's Attorney 
3 concerning more than one individual may be prepared, 
4 presented, and signed electronically. When considering 
5 such a motion to vacate and expunge, a court shall 
6 consider the following: the reasons to retain the records 
7 provided by law enforcement, the individual's age, the 
8 individual's age at the time of offense, the time since 
9 the conviction, and the specific adverse consequences if 
10 denied. Upon entry of an order granting a motion to vacate 
11 and expunge records pursuant to this Section, the State's 
12 Attorney shall notify the Prisoner Review Board within 30 
13 days. Upon entry of the order of expungement, the circuit 
14 court clerk shall promptly provide a copy of the order and 
15 a certificate of disposition to the individual whose 
16 records will be expunged to the individual's last known 
17 address or by electronic means (if available) or otherwise 
18 make available to the individual upon request. If a motion 
19 to vacate and expunge is granted, the records shall be 
20 expunged in accordance with subparagraphs (d)(8) and 
21 (d)(9)(A) of this Section.
22  (5) In the public interest, the State's Attorney of a 
23 county has standing to file motions to vacate and expunge 
24 pursuant to this Section in the circuit court with 
25 jurisdiction over the underlying conviction.
26  (6) If a person is arrested for a Minor Cannabis 
 
 
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1 Offense as defined in this Section before June 25, 2019 
2 (the effective date of Public Act 101-27) and the person's 
3 case is still pending but a sentence has not been imposed, 
4 the person may petition the court in which the charges are 
5 pending for an order to summarily dismiss those charges 
6 against him or her, and expunge all official records of 
7 his or her arrest, plea, trial, conviction, incarceration, 
8 supervision, or expungement. If the court determines, upon 
9 review, that:
(A) the person was arrested before June 25, 
10 2019 (the effective date of Public Act 101-27) for an 
11 offense that has been made eligible for expungement;
(B) 
12 the case is pending at the time; and
(C) the person has not 
13 been sentenced of the minor cannabis violation eligible 
14 for expungement under this subsection, the court shall 
15 consider the following: the reasons to retain the records 
16 provided by law enforcement, the petitioner's age, the 
17 petitioner's age at the time of offense, the time since 
18 the conviction, and the specific adverse consequences if 
19 denied. If a motion to dismiss and expunge is granted, the 
20 records shall be expunged in accordance with subparagraph 
21 (d)(9)(A) of this Section.
22  (7) A person imprisoned solely as a result of one or 
23 more convictions for Minor Cannabis Offenses under this 
24 subsection (i) shall be released from incarceration upon 
25 the issuance of an order under this subsection.
26  (8) The Illinois State Police shall allow a person to 
 
 
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1 use the access and review process, established in the 
2 Illinois State Police, for verifying that his or her 
3 records relating to Minor Cannabis Offenses of the 
4 Cannabis Control Act eligible under this Section have been 
5 expunged.
6  (9) No conviction vacated pursuant to this Section 
7 shall serve as the basis for damages for time unjustly 
8 served as provided in the Court of Claims Act. 
9  (10) Effect of Expungement. A person's right to 
10 expunge an expungeable offense shall not be limited under 
11 this Section. The effect of an order of expungement shall 
12 be to restore the person to the status he or she occupied 
13 before the arrest, charge, or conviction.
14  (11) Information. The Illinois State Police shall post 
15 general information on its website about the expungement 
16 process described in this subsection (i). 
17 (j) Felony Prostitution Convictions.
18  (1) Any individual may file a motion to vacate and 
19 expunge a conviction for a prior Class 4 felony violation 
20 of prostitution. Motions to vacate and expunge under this 
21 subsection (j) may be filed with the circuit court, Chief 
22 Judge of a judicial circuit, or any judge of the circuit 
23 designated by the Chief Judge. When considering the motion 
24 to vacate and expunge, a court shall consider the 
25 following:
26   (A) the reasons to retain the records provided by 
 
 
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1 law enforcement;
2   (B) the petitioner's age;
3   (C) the petitioner's age at the time of offense; 
4 and
5   (D) the time since the conviction, and the 
6 specific adverse consequences if denied. An individual 
7 may file the petition after the completion of any 
8 sentence or condition imposed by the conviction. 
9 Within 60 days of the filing of the motion, a State's 
10 Attorney may file an objection to the petition along 
11 with supporting evidence. If a motion to vacate and 
12 expunge is granted, the records shall be expunged in 
13 accordance with subparagraph (d)(9)(A) of this 
14 Section. An agency providing civil legal aid, as 
15 defined in Section 15 of the Public Interest Attorney 
16 Assistance Act, assisting individuals seeking to file 
17 a motion to vacate and expunge under this subsection 
18 may file motions to vacate and expunge with the Chief 
19 Judge of a judicial circuit or any judge of the circuit 
20 designated by the Chief Judge, and the motion may 
21 include more than one individual.
22  (2) Any State's Attorney may file a motion to vacate 
23 and expunge a conviction for a Class 4 felony violation of 
24 prostitution. Motions to vacate and expunge under this 
25 subsection (j) may be filed with the circuit court, Chief 
26 Judge of a judicial circuit, or any judge of the circuit 
 
 
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1 court designated by the Chief Judge, and may include more 
2 than one individual. When considering the motion to vacate 
3 and expunge, a court shall consider the following reasons:
4   (A) the reasons to retain the records provided by 
5 law enforcement;
6   (B) the petitioner's age;
7   (C) the petitioner's age at the time of offense;
8   (D) the time since the conviction; and
9   (E) the specific adverse consequences if denied.
10  If the State's Attorney files a motion to vacate and 
11 expunge records for felony prostitution convictions 
12 pursuant to this Section, the State's Attorney shall 
13 notify the Prisoner Review Board within 30 days of the 
14 filing. If a motion to vacate and expunge is granted, the 
15 records shall be expunged in accordance with subparagraph 
16 (d)(9)(A) of this Section.
17  (3) In the public interest, the State's Attorney of a 
18 county has standing to file motions to vacate and expunge 
19 pursuant to this Section in the circuit court with 
20 jurisdiction over the underlying conviction.
21  (4) The Illinois State Police shall allow a person to 
22 a use the access and review process, established in the 
23 Illinois State Police, for verifying that his or her 
24 records relating to felony prostitution eligible under 
25 this Section have been expunged.
26  (5) No conviction vacated pursuant to this Section 
 
 
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1 shall serve as the basis for damages for time unjustly 
2 served as provided in the Court of Claims Act.
3  (6) Effect of Expungement. A person's right to expunge 
4 an expungeable offense shall not be limited under this 
5 Section. The effect of an order of expungement shall be to 
6 restore the person to the status he or she occupied before 
7 the arrest, charge, or conviction.
8  (7) Information. The Illinois State Police shall post 
9 general information on its website about the expungement 
10 process described in this subsection (j).
11(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
12101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. 
1312-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; 
14102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. 
155-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)