Rep. Rita Mayfield
Filed: 4/12/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 2378




2 AMENDMENT NO. ______. Amend House Bill 2378, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Criminal Identification Act is amended by 
6changing Section 5.2 as follows:



7 (20 ILCS 2630/5.2)


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

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

12 particular context clearly requires a different meaning.
13   (A) The following terms shall have the meanings 
14 ascribed to them in the Unified Code of Corrections, 
15 730 ILCS 5/5-1-2 through 5/5-1-22:
16    (i) Business Offense (730 ILCS 5/5-1-2),
 
 
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1    (ii) Charge (730 ILCS 5/5-1-3),
2    (iii) Court (730 ILCS 5/5-1-6),
3    (iv) Defendant (730 ILCS 5/5-1-7),
4    (v) Felony (730 ILCS 5/5-1-9),
5    (vi) Imprisonment (730 ILCS 5/5-1-10),
6    (vii) Judgment (730 ILCS 5/5-1-12),
7    (viii) Misdemeanor (730 ILCS 5/5-1-14),
8    (ix) Offense (730 ILCS 5/5-1-15),
9    (x) Parole (730 ILCS 5/5-1-16),
10    (xi) Petty Offense (730 ILCS 5/5-1-17),
11    (xii) Probation (730 ILCS 5/5-1-18),
12    (xiii) Sentence (730 ILCS 5/5-1-19),
13    (xiv) Supervision (730 ILCS 5/5-1-21), and
14    (xv) Victim (730 ILCS 5/5-1-22).
15   (B) As used in this Section, "charge not initiated 
16 by arrest" means a charge (as defined by 730 ILCS 
17 5/5-1-3) brought against a defendant where the 
18 defendant is not arrested prior to or as a direct 
19 result of the charge.
20   (C) "Conviction" means a judgment of conviction or 
21 sentence entered upon a plea of guilty or upon a 
22 verdict or finding of guilty of an offense, rendered by 
23 a legally constituted jury or by a court of competent 
24 jurisdiction authorized to try the case without a jury. 
25 An order of supervision successfully completed by the 
26 petitioner is not a conviction. An order of qualified 
 
 
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1 probation (as defined in subsection (a)(1)(J)) 
2 successfully completed by the petitioner is not a 
3 conviction. An order of supervision or an order of 
4 qualified probation that is terminated 
5 unsatisfactorily is a conviction, unless the 
6 unsatisfactory termination is reversed, vacated, or 
7 modified and the judgment of conviction, if any, is 
8 reversed or vacated.
9   (D) "Criminal offense" means a petty offense, 
10 business offense, misdemeanor, felony, or municipal 
11 ordinance violation (as defined in subsection 
12 (a)(1)(H)). As used in this Section, a minor traffic 
13 offense (as defined in subsection (a)(1)(G)) shall not 
14 be considered a criminal offense.
15   (E) "Expunge" means to physically destroy the 
16 records or return them to the petitioner and to 
17 obliterate the petitioner's name from any official 
18 index or public record, or both. Nothing in this Act 
19 shall require the physical destruction of the circuit 
20 court file, but such records relating to arrests or 
21 charges, or both, ordered expunged shall be impounded 
22 as required by subsections (d)(9)(A)(ii) and 
23 (d)(9)(B)(ii).
24   (F) As used in this Section, "last sentence" means 
25 the sentence, order of supervision, or order of 
26 qualified probation (as defined by subsection 
 
 
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1 (a)(1)(J)), for a criminal offense (as defined by 
2 subsection (a)(1)(D)) that terminates last in time in 
3 any jurisdiction, regardless of whether the petitioner 
4 has included the criminal offense for which the 
5 sentence or order of supervision or qualified 
6 probation was imposed in his or her petition. If 
7 multiple sentences, orders of supervision, or orders 
8 of qualified probation terminate on the same day and 
9 are last in time, they shall be collectively considered 
10 the "last sentence" regardless of whether they were 
11 ordered to run concurrently.
12   (G) "Minor traffic offense" means a petty offense, 
13 business offense, or Class C misdemeanor under the 
14 Illinois Vehicle Code or a similar provision of a 
15 municipal or local ordinance.
16   (H) "Municipal ordinance violation" means an 
17 offense defined by a municipal or local ordinance that 
18 is criminal in nature and with which the petitioner was 
19 charged or for which the petitioner was arrested and 
20 released without charging.
21   (I) "Petitioner" means an adult or a minor 
22 prosecuted as an
adult who has applied for relief under 
23 this Section.
24   (J) "Qualified probation" means an order of 
25 probation under Section 10 of the Cannabis Control Act, 
26 Section 410 of the Illinois Controlled Substances Act, 
 
 
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1 Section 70 of the Methamphetamine Control and 
2 Community Protection Act, Section 5-6-3.3 of the 
3 Unified Code of Corrections, Section 12-4.3(b)(1) and 
4 (2) of the Criminal Code of 1961 (as those provisions 
5 existed before their deletion by Public Act 89-313), 
6 Section 10-102 of the Illinois Alcoholism and Other 
7 Drug Dependency Act, Section 40-10 of the Alcoholism 
8 and Other Drug Abuse and Dependency Act, or Section 10 
9 of the Steroid Control Act. For the purpose of this 
10 Section, "successful completion" of an order of 
11 qualified probation under Section 10-102 of the 
12 Illinois Alcoholism and Other Drug Dependency Act and 
13 Section 40-10 of the Alcoholism and Other Drug Abuse 
14 and Dependency Act means that the probation was 
15 terminated satisfactorily and the judgment of 
16 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 court 
24 clerk under Section 16 of the Clerks of Courts Act, but 
25 any index issued by the circuit court clerk before the 
26 entry of the order to seal shall not be affected.
 
 
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1   (L) "Sexual offense committed against a minor" 
2 includes but is
not limited to the offenses of indecent 
3 solicitation of a child
or criminal sexual abuse when 
4 the victim of such offense is
under 18 years of age.
5   (M) "Terminate" as it relates to a sentence or 
6 order of supervision or qualified probation includes 
7 either satisfactory or unsatisfactory termination of 
8 the sentence, unless otherwise specified in this 
9 Section.
10  (2) Minor Traffic Offenses.
Orders of supervision or 
11 convictions for minor traffic offenses shall not affect a 
12 petitioner's eligibility to expunge or seal records 
13 pursuant to this Section.
14  (3) Exclusions. Except as otherwise provided in 
15 subsections (b)(5), (b)(6), (e), and (e-5) of this Section, 
16 the court shall not order:
17   (A) the sealing or expungement of the records of 
18 arrests or charges not initiated by arrest that result 
19 in an order of supervision for or conviction of:
(i) 
20 any sexual offense committed against a
minor; (ii) 
21 Section 11-501 of the Illinois Vehicle Code or a 
22 similar provision of a local ordinance; or (iii) 
23 Section 11-503 of the Illinois Vehicle Code or a 
24 similar provision of a local ordinance, unless the 
25 arrest or charge is for a misdemeanor violation of 
26 subsection (a) of Section 11-503 or a similar provision 
 
 
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1 of a local ordinance, that occurred prior to the 
2 offender reaching the age of 25 years and the offender 
3 has no other conviction for violating Section 11-501 or 
4 11-503 of the Illinois Vehicle Code or a similar 
5 provision of a local ordinance.
6   (B) the sealing or expungement of records of minor 
7 traffic offenses (as defined in subsection (a)(1)(G)), 
8 unless the petitioner was arrested and released 
9 without charging.
10   (C) the sealing of the records of arrests or 
11 charges not initiated by arrest which result in an 
12 order of supervision, an order of qualified probation 
13 (as defined in subsection (a)(1)(J)), or a conviction 
14 for the following offenses:
15    (i) offenses included in Article 11 of the 
16 Criminal Code of 1961 or the Criminal Code of 2012 
17 or a similar provision of a local ordinance, except 
18 Section 11-14 of the Criminal Code of 1961 or the 
19 Criminal Code of 2012, or a similar provision of a 
20 local ordinance;
21    (ii) Section 11-1.50, 12-3.2, 12-3.4, 12-15, 
22 12-30, 26-5, or 48-1 of the Criminal Code of 1961 
23 or the Criminal Code of 2012, or a similar 
24 provision of a local ordinance;
25    (iii) (blank); offenses defined as "crimes of 
26 violence" in Section 2 of the Crime Victims 
 
 
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1 Compensation Act or a similar provision of a local 
2 ordinance;
3    (iv) offenses which are Class A misdemeanors 
4 under the Humane Care for Animals Act; or
5    (v) any offense or attempted offense that 
6 would subject a person to registration under the 
7 Sex Offender Registration Act.
8   (D) the sealing of the records of an arrest which 
9 results in
the petitioner being charged with a felony 
10 offense or records of a charge not initiated by arrest 
11 for a felony offense unless:
12    (i) the charge is amended to a misdemeanor and 
13 is otherwise
eligible to be sealed pursuant to 
14 subsection (c);
15    (ii) the charge is brought along with another 
16 charge as a part of one case and the charge results 
17 in acquittal, dismissal, or conviction when the 
18 conviction was reversed or vacated, and another 
19 charge brought in the same case results in a 
20 disposition for a misdemeanor offense that is 
21 eligible to be sealed pursuant to subsection (c) or 
22 a disposition listed in paragraph (i), (iii), or 
23 (iv) of this subsection; 
24    (iii) the charge results in first offender 
25 probation as set forth in subsection (c)(2)(E);
26    (iv) the charge is for a Class 4 felony offense 
 
 
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1 listed in subsection (c)(2)(F) or the charge is 
2 amended to a Class 4 felony offense listed in 
3 subsection (c)(2)(F). Records of arrests which 
4 result in the petitioner being charged with a Class 
5 4 felony offense listed in subsection (c)(2)(F), 
6 records of charges not initiated by arrest for 
7 Class 4 felony offenses listed in subsection 
8 (c)(2)(F), and records of charges amended to a 
9 Class 4 felony offense listed in (c)(2)(F) may be 
10 sealed, regardless of the disposition, subject to 
11 any waiting periods set forth in subsection 
12 (c)(3);
13    (v) the charge results in acquittal, 
14 dismissal, or the petitioner's release without 
15 conviction; or
16    (vi) the charge results in a conviction, but 
17 the conviction was reversed or vacated. 
18 (b) Expungement.
19  (1) A petitioner may petition the circuit court to 
20 expunge the
records of his or her arrests and charges not 
21 initiated by arrest when:
22   (A) He or she has never been convicted of a 
23 criminal offense; and
24   (B) Each arrest or charge not initiated by arrest

25 sought to be expunged resulted in:
(i) acquittal, 
26 dismissal, or the petitioner's release without 
 
 
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1 charging, unless excluded by subsection (a)(3)(B);

2 (ii) a conviction which was vacated or reversed, unless 
3 excluded by subsection (a)(3)(B);
(iii) an order of 
4 supervision and such supervision was successfully 
5 completed by the petitioner, unless excluded by 
6 subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of 
7 qualified probation (as defined in subsection 
8 (a)(1)(J)) and such probation was successfully 
9 completed by the petitioner.
10  (1.5) A petitioner may petition the circuit court to

11 expunge the records of his or her arrests and charges not 
12 initiated by arrest when he or she has been convicted of a 
13 criminal offense for anything other than:
14   (A) a felony; or
15   (B) offenses otherwise excluded by subsections 
16 (a)(3)(A) or (a)(3)(C).
17  (2) Time frame for filing a petition to expunge.
18   (A) When the arrest or charge not initiated by 
19 arrest sought to be expunged resulted in an acquittal, 
20 dismissal, the petitioner's release without charging, 
21 or the reversal or vacation of a conviction, there is 
22 no waiting period to petition for the expungement of 
23 such records.
24   (B) When the arrest or charge not initiated by 
25 arrest
sought to be expunged resulted in an order of 
26 supervision, successfully
completed by the petitioner, 
 
 
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1 the following time frames will apply:
2    (i) Those arrests or charges that resulted in 
3 orders of
supervision under Section 3-707, 3-708, 
4 3-710, or 5-401.3 of the Illinois Vehicle Code or a 
5 similar provision of a local ordinance, or under 
6 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
7 Code of 1961 or the Criminal Code of 2012, or a 
8 similar provision of a local ordinance, shall not 
9 be eligible for expungement until 5 years have 
10 passed following the satisfactory termination of 
11 the supervision.
12    (i-5) Those arrests or charges that resulted 
13 in orders of supervision for a misdemeanor 
14 violation of subsection (a) of Section 11-503 of 
15 the Illinois Vehicle Code or a similar provision of 
16 a local ordinance, that occurred prior to the 
17 offender reaching the age of 25 years and the 
18 offender has no other conviction for violating 
19 Section 11-501 or 11-503 of the Illinois Vehicle 
20 Code or a similar provision of a local ordinance 
21 shall not be eligible for expungement until the 
22 petitioner has reached the age of 25 years. 
23    (ii) Those arrests or charges that resulted in 
24 orders
of supervision for any other offenses shall 
25 not be
eligible for expungement until 2 years have 
26 passed
following the satisfactory termination of 
 
 
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1 the supervision.
2   (C) When the arrest or charge not initiated by 
3 arrest sought to
be expunged resulted in an order of 
4 qualified probation, successfully
completed by the 
5 petitioner, such records shall not be eligible for

6 expungement until 5 years have passed following the 
7 satisfactory
termination of the probation.
8   (D) When the arrest or charge not initiated by 
9 arrest sought to be expunged resulted in a conviction 
10 is eligible under subsection (b)(1.5), the records are 
11 not eligible for expungement until 7 years after the 
12 termination of the petitioner's last sentence as 
13 defined in subsection (a)(1)(F). 
14  (3) Those records maintained by the Department for

15 persons arrested prior to their 17th birthday shall be

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

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

22 was stolen or otherwise obtained without authorization,

23 upon learning of the person having been arrested using his

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

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

14 not affect any index issued by the circuit court clerk

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

16 shall limit the Department of State Police or other

17 criminal justice agencies or prosecutors from listing

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

19 used.
20  (5) Whenever a person has been convicted of criminal

21 sexual assault, aggravated criminal sexual assault,

22 predatory criminal sexual assault of a child, criminal

23 sexual abuse, or aggravated criminal sexual abuse, the

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

25 Attorney of the county in which the conviction occurred

26 file a verified petition with the presiding trial judge at

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

3 with the proceedings of the trial court concerning that

4 offense. However, the records of the arresting authority

5 and the Department of State Police concerning the offense

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

7 shall make the records of the circuit court clerk in

8 connection with the proceedings of the trial court

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

11 or on collateral attack and the court determines by clear

12 and convincing evidence that the petitioner was factually

13 innocent of the charge, the court shall enter an

14 expungement order as provided in subsection (b) of Section

15 5-5-4 of the Unified Code of Corrections.
16  (7) Nothing in this Section shall prevent the 
17 Department of
State Police from maintaining all records of 
18 any person who
is admitted to probation upon terms and 
19 conditions and who
fulfills those terms and conditions 
20 pursuant to Section 10
of the Cannabis Control Act, Section 
21 410 of the Illinois
Controlled Substances Act, Section 70 
22 of the
Methamphetamine Control and Community Protection 
23 Act,
Section 5-6-3.3 of the Unified Code of Corrections, 
24 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of 
25 the Criminal Code of 1961 or the Criminal Code of 2012, 
26 Section 10-102
of the Illinois Alcoholism and Other Drug 
 
 
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1 Dependency Act,
Section 40-10 of the Alcoholism and Other 
2 Drug Abuse and
Dependency Act, or Section 10 of the Steroid 
3 Control Act.
4 (c) Sealing.
5  (1) Applicability. Notwithstanding any other provision 
6 of this Act to the contrary, and cumulative with any rights 
7 to expungement of criminal records, this subsection 
8 authorizes the sealing of criminal records of adults and of 
9 minors prosecuted as adults.
10  (2) Eligible Records. The following records may be 
11 sealed:
12   (A) All arrests resulting in release without 
13 charging;
14   (B) Arrests or charges not initiated by arrest 
15 resulting in acquittal, dismissal, or conviction when 
16 the conviction was reversed or vacated, except as 
17 excluded by subsection (a)(3)(B);
18   (C) Arrests or charges not initiated by arrest 
19 resulting in orders of supervision successfully 
20 completed by the petitioner, unless excluded by 
21 subsection (a)(3);
22   (D) Arrests or charges not initiated by arrest 
23 resulting in convictions unless excluded by subsection 
24 (a)(3);
25   (E) Arrests or charges not initiated by arrest 
26 resulting in orders of first offender probation under 
 
 
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1 Section 10 of the Cannabis Control Act, Section 410 of 
2 the Illinois Controlled Substances Act, Section 70 of 
3 the Methamphetamine Control and Community Protection 
4 Act, or Section 5-6-3.3 of the Unified Code of 
5 Corrections; and
6   (F) Arrests or charges not initiated by arrest 
7 resulting in Class 4 felony convictions for the 
8 following offenses:
9    (i) Section 11-14 of the Criminal Code of 1961 
10 or the Criminal Code of 2012;
11    (ii) Section 4 of the Cannabis Control Act;
12    (iii) Section 402 of the Illinois Controlled 
13 Substances Act;
14    (iv) the Methamphetamine Precursor Control 
15 Act; and
16    (v) the Steroid Control Act.
17  (3) When Records Are Eligible to Be Sealed. Records 
18 identified as eligible under subsection (c)(2) may be 
19 sealed as follows:
20   (A) Records identified as eligible under 
21 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any 
22 time.
23   (B) Records identified as eligible under 
24 subsection (c)(2)(C) may be sealed
(i) 3 years after 
25 the termination of petitioner's last sentence (as 
26 defined in subsection (a)(1)(F)) if the petitioner has 
 
 
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1 never been convicted of a criminal offense (as defined 
2 in subsection (a)(1)(D)); or
(ii) 4 years after the 
3 termination of the petitioner's last sentence (as 
4 defined in subsection (a)(1)(F)) if the petitioner has 
5 ever been convicted of a criminal offense (as defined 
6 in subsection (a)(1)(D)).
7   (C) Records identified as eligible under 
8 subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be 
9 sealed 4 years after the termination of the 
10 petitioner's last sentence (as defined in subsection 
11 (a)(1)(F)).
12   (D) Records identified in subsection 
13 (a)(3)(A)(iii) may be sealed after the petitioner has 
14 reached the age of 25 years. 
15  (4) Subsequent felony convictions. A person may not 
16 have
subsequent felony conviction records sealed as 
17 provided in this subsection
(c) if he or she is convicted 
18 of any felony offense after the date of the
sealing of 
19 prior felony convictions as provided in this subsection 
20 (c). The court may, upon conviction for a subsequent felony 
21 offense, order the unsealing of prior felony conviction 
22 records previously ordered sealed by the court.
23  (5) Notice of eligibility for sealing. Upon entry of a 
24 disposition for an eligible record under this subsection 
25 (c), the petitioner shall be informed by the court of the 
26 right to have the records sealed and the procedures for the 
 
 
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1 sealing of the records.
2 (d) Procedure. The following procedures apply to 
3expungement under subsections (b) and (e), and sealing under 
4subsections (c) and (e-5):
5  (1) Filing the petition. Upon becoming eligible to 
6 petition for
the expungement or sealing of records under 
7 this Section, the petitioner shall file a petition 
8 requesting the expungement
or sealing of records with the 
9 clerk of the court where the arrests occurred or the 
10 charges were brought, or both. If arrests occurred or 
11 charges were brought in multiple jurisdictions, a petition 
12 must be filed in each such jurisdiction. The petitioner 
13 shall pay the applicable fee, if not waived.
14  (2) Contents of petition. The petition shall be

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

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

17 agency and the chief legal officer of the unit of local

18 government effecting the arrest.
19  (5) Objections.
20   (A) Any party entitled to notice of the petition 
21 may file an objection to the petition. All objections 
22 shall be in writing, shall be filed with the circuit 
23 court clerk, and shall state with specificity the basis 
24 of the objection.
25   (B) Objections to a petition to expunge or seal 
26 must be filed within 60 days of the date of service of 
 
 
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1 the petition.
2  (6) Entry of order.
3   (A) The Chief Judge of the circuit wherein the 
4 charge was brought, any judge of that circuit 
5 designated by the Chief Judge, or in counties of less 
6 than 3,000,000 inhabitants, the presiding trial judge 
7 at the petitioner's trial, if any, shall rule on the 
8 petition to expunge or seal as set forth in this 
9 subsection (d)(6).
10   (B) Unless the State's Attorney or prosecutor, the 
11 Department of
State Police, the arresting agency, or 
12 the chief legal officer
files an objection to the 
13 petition to expunge or seal within 60 days from the 
14 date of service of the petition, the court shall enter 
15 an order granting or denying the petition.
16  (7) Hearings. If an objection is filed, the court shall 
17 set a date for a hearing and notify the petitioner and all 
18 parties entitled to notice of the petition of the hearing 
19 date at least 30 days prior to the hearing, and shall hear 
20 evidence on whether the petition should or should not be 
21 granted, and shall grant or deny the petition to expunge or 
22 seal the records based on the evidence presented at the 
23 hearing. The court may consider the following:
24   (A) the strength of the State's case against the 
25 petitioner;
26   (B) the State's reasons for wishing to retain the 
 
 
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1 records;
2   (C) the petitioner's age, criminal record, and 
3 employment history;
4   (D) the length of time that has lapsed between the 
5 petitioner's arrest on the charge resulting in the 
6 conviction and the filing of the petition under this 
7 Section; and
8   (E) the specific adverse consequences the 
9 petitioner may be subject to if the petition is denied. 
10  (8) Service of order. After entering an order to 
11 expunge or
seal records, the court must provide copies of 
12 the order to the
Department, in a form and manner 
13 prescribed by the Department,
to the petitioner, to the 
14 State's Attorney or prosecutor
charged with the duty of 
15 prosecuting the offense, to the
arresting agency, to the 
16 chief legal officer of the unit of
local government 
17 effecting the arrest, and to such other
criminal justice 
18 agencies as may be ordered by the court.
19  (9) Effect of order.
20   (A) Upon entry of an order to expunge records 
21 pursuant to (b)(2)(A), or (b)(2)(B)(ii), or (b)(2)(D) 
22 both:
23    (i) the records shall be expunged (as defined 
24 in subsection (a)(1)(E)) by the arresting agency, 
25 the Department, and any other agency as ordered by 
26 the court, within 60 days of the date of service of 
 
 
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1 the order, unless a motion to vacate, modify, or 
2 reconsider the order is filed pursuant to 
3 paragraph (12) of subsection (d) of this Section;
4    (ii) the records of the circuit court clerk 
5 shall be impounded until further order of the court 
6 upon good cause shown and the name of the 
7 petitioner obliterated on the official index 
8 required to be kept by the circuit court clerk 
9 under Section 16 of the Clerks of Courts Act, but 
10 the order shall not affect any index issued by the 
11 circuit court clerk before the entry of the order; 
12 and
13    (iii) in response to an inquiry for expunged 
14 records, the court, the Department, or the agency 
15 receiving such inquiry, shall reply as it does in 
16 response to inquiries when no records ever 
17 existed.
18   (B) Upon entry of an order to expunge records 
19 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
20    (i) the records shall be expunged (as defined 
21 in subsection (a)(1)(E)) by the arresting agency 
22 and any other agency as ordered by the court, 
23 within 60 days of the date of service of the order, 
24 unless a motion to vacate, modify, or reconsider 
25 the order is filed pursuant to paragraph (12) of 
26 subsection (d) of this Section;
 
 
09800HB2378ham002- 23 -LRB098 05553 RLC 44221 a


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

10 Department within 60 days of the date of service of 
11 the order as ordered by the court, unless a motion 
12 to vacate, modify, or reconsider the order is filed 
13 pursuant to paragraph (12) of subsection (d) of 
14 this Section;
15    (iv) records impounded by the Department may 
16 be disseminated by the Department only as required 
17 by law or to the arresting authority, the State's 
18 Attorney, and the court upon a later arrest for the 
19 same or a similar offense or for the purpose of 
20 sentencing for any subsequent felony, and to the 
21 Department of Corrections upon conviction for any 
22 offense; and
23    (v) in response to an inquiry for such records 
24 from anyone not authorized by law to access such 
25 records the court, the Department, or the agency 
26 receiving such inquiry shall reply as it does in 
 
 
09800HB2378ham002- 24 -LRB098 05553 RLC 44221 a


1 response to inquiries when no records ever 
2 existed.
3   (C) Upon entry of an order to seal records under 
4 subsection
(c), the arresting agency, any other agency 
5 as ordered by the court, the Department, and the court 
6 shall seal the records (as defined in subsection 
7 (a)(1)(K)). In response to an inquiry for such records 
8 from anyone not authorized by law to access such 
9 records the court, the Department, or the agency 
10 receiving such inquiry shall reply as it does in 
11 response to inquiries when no records ever existed.
12  (10) Fees. The Department may charge the petitioner a 
13 fee equivalent to the cost of processing any order to 
14 expunge or seal records. Notwithstanding any provision of 
15 the Clerks of Courts Act to the contrary, the circuit court 
16 clerk may charge a fee equivalent to the cost associated 
17 with the sealing or expungement of records by the circuit 
18 court clerk.
19  From the total filing fee collected for the petition to 
20 seal or expunge, the circuit court clerk shall deposit $10 
21 into the Circuit Court Clerk Operation and Administrative 
22 Fund, to be used to offset the costs incurred by the 
23 circuit court clerk in performing the additional duties 
24 required to serve the petition to seal or expunge on all 
25 parties. The circuit court clerk shall collect and forward 
26 the Department of State Police portion of the fee to the 
 
 
09800HB2378ham002- 25 -LRB098 05553 RLC 44221 a


1 Department and it shall be deposited in the State Police 
2 Services Fund.
3  (11) Final Order. No court order issued under the 
4 expungement or sealing provisions of this Section shall 
5 become final for purposes of appeal until 30 days after 
6 service of the order on the petitioner and all parties 
7 entitled to notice of the petition.
8  (12) Motion to Vacate, Modify, or Reconsider. The 
9 petitioner or any party entitled to notice may file a 
10 motion to vacate, modify, or reconsider the order granting 
11 or denying the petition to expunge or seal within 60 days 
12 of service of the order.
13 (e) Whenever a person who has been convicted of an offense 
14is granted
a pardon by the Governor which specifically 
15authorizes expungement, he or she may,
upon verified petition 
16to the Chief Judge of the circuit where the person had
been 
17convicted, any judge of the circuit designated by the Chief 
18Judge, or in
counties of less than 3,000,000 inhabitants, the 
19presiding trial judge at the
defendant's trial, have a court 
20order entered expunging the record of
arrest from the official 
21records of the arresting authority and order that the
records 
22of the circuit court clerk and the Department be sealed until

23further order of the court upon good cause shown or as 
24otherwise provided
herein, and the name of the defendant 
25obliterated from the official index
requested to be kept by the 
26circuit court clerk under Section 16 of the Clerks
of Courts 
 
 
09800HB2378ham002- 26 -LRB098 05553 RLC 44221 a


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

12circuit court clerk shall promptly mail a copy of the order to 
13the
person who was pardoned.
14 (e-5) Whenever a person who has been convicted of an 
15offense is granted a certificate of eligibility for sealing by 
16the Prisoner Review Board which specifically authorizes 
17sealing, he or she may, upon verified petition to the Chief 
18Judge of the circuit where the person had been convicted, any 
19judge of the circuit designated by the Chief Judge, or in 
20counties of less than 3,000,000 inhabitants, the presiding 
21trial judge at the petitioner's trial, have a court order 
22entered sealing the record of arrest from the official records 
23of the arresting authority and order that the records of the 
24circuit court clerk and the Department be sealed until further 
25order of the court upon good cause shown or as otherwise 
26provided herein, and the name of the petitioner obliterated 
 
 
09800HB2378ham002- 27 -LRB098 05553 RLC 44221 a


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

19of Corrections shall conduct a study of the impact of sealing,

20especially on employment and recidivism rates, utilizing a

21random sample of those who apply for the sealing of their

22criminal records under Public Act 93-211. At the request of the

23Illinois Department of Corrections, records of the Illinois

24Department of Employment Security shall be utilized as

25appropriate to assist in the study. The study shall not

26disclose any data in a manner that would allow the

 
 
09800HB2378ham002- 28 -LRB098 05553 RLC 44221 a


1identification of any particular individual or employing unit.

2The study shall be made available to the General Assembly no

3later than September 1, 2010.

4(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; 
596-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. 
67-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, 
7eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13; 
897-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff. 
91-1-13; 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.)".