Rep. Rita Mayfield
Filed: 3/21/2014
 
 


 




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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 or 5-6-3.4 
3 of the Unified Code of Corrections, Section 
4 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
5 those provisions existed before their deletion by 
6 Public Act 89-313), Section 10-102 of the Illinois 
7 Alcoholism and Other Drug Dependency Act, Section 
8 40-10 of the Alcoholism and Other Drug Abuse and 
9 Dependency Act, or Section 10 of the Steroid Control 
10 Act. For the purpose of this Section, "successful 
11 completion" of an order of qualified probation under 
12 Section 10-102 of the Illinois Alcoholism and Other 
13 Drug Dependency Act and Section 40-10 of the Alcoholism 
14 and Other Drug Abuse and Dependency Act means that the 
15 probation was terminated satisfactorily and the 
16 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 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), (b)(8), (e), (e-5), and (e-6) 
16 of this Section, 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, 12-3.4, 12-15, 12-30, 
22 26-5, or 48-1 of the Criminal Code of 1961 or the 
23 Criminal Code of 2012, or a similar provision of a 
24 local ordinance;
25    (iii) Sections 12-3.1 or 12-3.2 of the 
26 Criminal Code of 1961 or the Criminal Code of 2012, 
 
 
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1 or Section 125 of the Stalking No Contact Order 
2 Act, or Section 219 of the Civil No Contact Order 
3 Act, offenses defined as "crimes of violence" in 
4 Section 2 of the Crime Victims Compensation Act or 
5 a similar provision of a local ordinance;
6    (iv) offenses which are Class A misdemeanors 
7 under the Humane Care for Animals Act; or
8    (v) any offense or attempted offense that 
9 would subject a person to registration under the 
10 Sex Offender Registration Act.
11   (D) the sealing of the records of an arrest which 
12 results in
the petitioner being charged with a felony 
13 offense or records of a charge not initiated by arrest 
14 for a felony offense unless:
15    (i) the charge is amended to a misdemeanor and 
16 is otherwise
eligible to be sealed pursuant to 
17 subsection (c);
18    (ii) the charge is brought along with another 
19 charge as a part of one case and the charge results 
20 in acquittal, dismissal, or conviction when the 
21 conviction was reversed or vacated, and another 
22 charge brought in the same case results in a 
23 disposition for a misdemeanor offense that is 
24 eligible to be sealed pursuant to subsection (c) or 
25 a disposition listed in paragraph (i), (iii), or 
26 (iv) of this subsection; 
 
 
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1    (iii) the charge results in first offender 
2 probation as set forth in subsection (c)(2)(E);
3    (iv) the charge is for a felony offense listed 
4 in subsection (c)(2)(F) or the charge is amended to 
5 a felony offense listed in subsection (c)(2)(F);
6    (v) the charge results in acquittal, 
7 dismissal, or the petitioner's release without 
8 conviction; or
9    (vi) the charge results in a conviction, but 
10 the conviction was reversed or vacated. 
11 (b) Expungement.
12  (1) A petitioner may petition the circuit court to 
13 expunge the
records of his or her arrests and charges not 
14 initiated by arrest when:
15   (A) He or she has never been convicted of a 
16 criminal offense; and
17   (B) Each arrest or charge not initiated by arrest

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

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

18 expungement until 5 years have passed following the 
19 satisfactory
termination of the probation.
20  (3) Those records maintained by the Department for

21 persons arrested prior to their 17th birthday shall be

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

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

2 was stolen or otherwise obtained without authorization,

3 upon learning of the person having been arrested using his

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

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

20 not affect any index issued by the circuit court clerk

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

22 shall limit the Department of State Police or other

23 criminal justice agencies or prosecutors from listing

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

25 used.
26  (5) Whenever a person has been convicted of criminal

 
 
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1 sexual assault, aggravated criminal sexual assault,

2 predatory criminal sexual assault of a child, criminal

3 sexual abuse, or aggravated criminal sexual abuse, the

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

5 Attorney of the county in which the conviction occurred

6 file a verified petition with the presiding trial judge at

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

9 with the proceedings of the trial court concerning that

10 offense. However, the records of the arresting authority

11 and the Department of State Police concerning the offense

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

13 shall make the records of the circuit court clerk in

14 connection with the proceedings of the trial court

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

17 or on collateral attack and the court determines by clear

18 and convincing evidence that the petitioner was factually

19 innocent of the charge, the court that finds the petitioner 
20 factually innocent of the charge shall enter an
expungement 
21 order for the conviction for which the petitioner has been 
22 determined to be innocent as provided in subsection (b) of 
23 Section
5-5-4 of the Unified Code of Corrections.
24  (7) Nothing in this Section shall prevent the 
25 Department of
State Police from maintaining all records of 
26 any person who
is admitted to probation upon terms and 
 
 
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1 conditions and who
fulfills those terms and conditions 
2 pursuant to Section 10
of the Cannabis Control Act, Section 
3 410 of the Illinois
Controlled Substances Act, Section 70 
4 of the
Methamphetamine Control and Community Protection 
5 Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
6 Corrections, Section 12-4.3 or subdivision (b)(1) of 
7 Section 12-3.05 of the Criminal Code of 1961 or the 
8 Criminal Code of 2012, Section 10-102
of the Illinois 
9 Alcoholism and Other Drug Dependency Act,
Section 40-10 of 
10 the Alcoholism and Other Drug Abuse and
Dependency Act, or 
11 Section 10 of the Steroid Control Act.
12  (8) If the petitioner has been granted a certificate of 
13 innocence under Section 2-702 of the Code of Civil 
14 Procedure, the court that grants the certificate of 
15 innocence shall also enter an order expunging the 
16 conviction for which the petitioner has been determined to 
17 be innocent as provided in subsection (h) of Section 2-702 
18 of the Code of Civil Procedure.
19 (c) Sealing.
20  (1) Applicability. Notwithstanding any other provision 
21 of this Act to the contrary, and cumulative with any rights 
22 to expungement of criminal records, this subsection 
23 authorizes the sealing of criminal records of adults and of 
24 minors prosecuted as adults.
25  (2) Eligible Records. The following records may be 
26 sealed:
 
 
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1   (A) All arrests resulting in release without 
2 charging;
3   (B) Arrests or charges not initiated by arrest 
4 resulting in acquittal, dismissal, or conviction when 
5 the conviction was reversed or vacated, except as 
6 excluded by subsection (a)(3)(B);
7   (C) Arrests or charges not initiated by arrest 
8 resulting in orders of supervision successfully 
9 completed by the petitioner, unless excluded by 
10 subsection (a)(3);
11   (D) Arrests or charges not initiated by arrest 
12 resulting in convictions unless excluded by subsection 
13 (a)(3);
14   (E) Arrests or charges not initiated by arrest 
15 resulting in orders of first offender probation under 
16 Section 10 of the Cannabis Control Act, Section 410 of 
17 the Illinois Controlled Substances Act, Section 70 of 
18 the Methamphetamine Control and Community Protection 
19 Act, or Section 5-6-3.3 of the Unified Code of 
20 Corrections; and
21   (F) Arrests or charges not initiated by arrest 
22 resulting in felony convictions for the following 
23 offenses:
24    (i) Class 4 felony convictions for: 
25     Prostitution under Section 11-14 of the 
26 Criminal Code of 1961 or the Criminal Code of 
 
 
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1 2012. 
2     Possession of cannabis under Section 4 of 
3 the Cannabis Control Act. 
4     Possession of a controlled substance under 
5 Section 402 of the Illinois Controlled 
6 Substances Act. 
7     Offenses under the Methamphetamine 
8 Precursor Control Act. 
9     Offenses under the Steroid Control Act. 
10     Theft under Section 16-1 of the Criminal 
11 Code of 1961 or the Criminal Code of 2012. 
12     Retail theft under Section 16A-3 or 
13 paragraph (a) of 16-25 of the Criminal Code of 
14 1961 or the Criminal Code of 2012. 
15     Deceptive practices under Section 17-1 of 
16 the Criminal Code of 1961 or the Criminal Code 
17 of 2012. 
18     Forgery under Section 17-3 of the Criminal 
19 Code of 1961 or the Criminal Code of 2012. 
20     Possession of burglary tools under Section 
21 19-2 of the Criminal Code of 1961 or the 
22 Criminal Code of 2012. 
23   (ii) Class 3 felony convictions for: 
24     Theft under Section 16-1 of the Criminal 
25 Code of 1961 or the Criminal Code of 2012. 
26     Retail theft under Section 16A-3 or 
 
 
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1 paragraph (a) of 16-25 of the Criminal Code of 
2 1961 or the Criminal Code of 2012. 
3     Deceptive practices under Section 17-1 of 
4 the Criminal Code of 1961 or the Criminal Code 
5 of 2012. 
6     Forgery under Section 17-3 of the Criminal 
7 Code of 1961 or the Criminal Code of 2012. 
8     Possession with intent to manufacture or 
9 deliver a controlled substance under Section 
10 401 of the Illinois Controlled Substances Act. 
11  (3) When Records Are Eligible to Be Sealed. Records 
12 identified as eligible under subsection (c)(2) may be 
13 sealed as follows:
14   (A) Records identified as eligible under 
15 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any 
16 time.
17   (B) Records identified as eligible under 
18 subsection (c)(2)(C) may be sealed
(i) 3 years after 
19 the termination of petitioner's last sentence (as 
20 defined in subsection (a)(1)(F)) if the petitioner has 
21 never been convicted of a criminal offense (as defined 
22 in subsection (a)(1)(D)); or
(ii) 4 years after the 
23 termination of the petitioner's last sentence (as 
24 defined in subsection (a)(1)(F)) if the petitioner has 
25 ever been convicted of a criminal offense (as defined 
26 in subsection (a)(1)(D)).
 
 
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1   (C) Records identified as eligible under 
2 subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be 
3 sealed 4 years after the termination of the 
4 petitioner's last sentence (as defined in subsection 
5 (a)(1)(F)).
6   (D) Records identified in subsection 
7 (a)(3)(A)(iii) may be sealed after the petitioner has 
8 reached the age of 25 years. 
9  (4) Subsequent felony convictions. A person may not 
10 have
subsequent felony conviction records sealed as 
11 provided in this subsection
(c) if he or she is convicted 
12 of any felony offense after the date of the
sealing of 
13 prior felony convictions as provided in this subsection 
14 (c). The court may, upon conviction for a subsequent felony 
15 offense, order the unsealing of prior felony conviction 
16 records previously ordered sealed by the court.
17  (5) Notice of eligibility for sealing. Upon entry of a 
18 disposition for an eligible record under this subsection 
19 (c), the petitioner shall be informed by the court of the 
20 right to have the records sealed and the procedures for the 
21 sealing of the records.
22 (d) Procedure. The following procedures apply to 
23expungement under subsections (b), (e), and (e-6) and sealing 
24under subsections (c) and (e-5):
25  (1) Filing the petition. Upon becoming eligible to 
26 petition for
the expungement or sealing of records under 
 
 
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1 this Section, the petitioner shall file a petition 
2 requesting the expungement
or sealing of records with the 
3 clerk of the court where the arrests occurred or the 
4 charges were brought, or both. If arrests occurred or 
5 charges were brought in multiple jurisdictions, a petition 
6 must be filed in each such jurisdiction. The petitioner 
7 shall pay the applicable fee, if not waived.
8  (2) Contents of petition. The petition shall be

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

10 birth, current address and, for each arrest or charge not 
11 initiated by
arrest sought to be sealed or expunged, the 
12 case number, the date of
arrest (if any), the identity of 
13 the arresting authority, and such
other information as the 
14 court may require. During the pendency
of the proceeding, 
15 the petitioner shall promptly notify the
circuit court 
16 clerk of any change of his or her address. If the 
17 petitioner has received a certificate of eligibility for 
18 sealing from the Prisoner Review Board under paragraph (10) 
19 of subsection (a) of Section 3-3-2 of the Unified Code of 
20 Corrections, the certificate shall be attached to the 
21 petition.
22  (3) Drug test. The petitioner must attach to the 
23 petition proof that the petitioner has passed a test taken 
24 within 30 days before the filing of the petition showing 
25 the absence within his or her body of all illegal 
26 substances as defined by the Illinois Controlled 
 
 
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1 Substances Act, the Methamphetamine Control and Community 
2 Protection Act, and the Cannabis Control Act if he or she 
3 is petitioning to:
4   (A) seal felony records under clause (c)(2)(E);
5   (B) seal felony records for a violation of the 
6 Illinois Controlled Substances Act, the 
7 Methamphetamine Control and Community Protection Act, 
8 or the Cannabis Control Act under clause (c)(2)(F);
9   (C) seal felony records under subsection (e-5); or 
10   (D) expunge felony records of a qualified 
11 probation under clause (b)(1)(B)(iv).
12  (4) Service of petition. The circuit court clerk shall 
13 promptly
serve a copy of the petition and documentation to 
14 support the petition under subsection (e), (e-5), or (e-6) 
15 on the State's Attorney or
prosecutor charged with the duty 
16 of prosecuting the
offense, the Department of State Police, 
17 the arresting
agency and the chief legal officer of the 
18 unit of local
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. Prior to the 
20 hearing, the State's Attorney shall consult with the 
21 Department as to the appropriateness of the relief sought 
22 in the petition to expunge or seal. At the hearing, the 
23 court shall hear evidence on whether the petition should or 
24 should not be granted, and shall grant or deny the petition 
25 to expunge or seal the records based on the evidence 
26 presented at the hearing. The court may consider the 
 
 
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1 following:
2   (A) the strength of the evidence supporting the 
3 defendant's conviction; 
4   (B) the reasons for retention of the conviction 
5 records by the State; 
6   (C) the petitioner's age, criminal record history, 
7 and employment history; 
8   (D) the period of time between the petitioner's 
9 arrest on the charge resulting in the conviction and 
10 the filing of the petition under this Section; and 
11   (E) the specific adverse consequences the 
12 petitioner may be subject to if the petition is denied. 
13  (8) Service of order. After entering an order to 
14 expunge or
seal records, the court must provide copies of 
15 the order to the
Department, in a form and manner 
16 prescribed by the Department,
to the petitioner, to the 
17 State's Attorney or prosecutor
charged with the duty of 
18 prosecuting the offense, to the
arresting agency, to the 
19 chief legal officer of the unit of
local government 
20 effecting the arrest, and to such other
criminal justice 
21 agencies as may be ordered by the court.
22  (9) Implementation of order.
23   (A) Upon entry of an order to expunge records 
24 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
25    (i) the records shall be expunged (as defined 
26 in subsection (a)(1)(E)) by the arresting agency, 
 
 
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1 the Department, and any other agency as ordered by 
2 the court, within 60 days of the date of service of 
3 the order, unless a motion to vacate, modify, or 
4 reconsider the order is filed pursuant to 
5 paragraph (12) of subsection (d) of this Section;
6    (ii) the records of the circuit court clerk 
7 shall be impounded until further order of the court 
8 upon good cause shown and the name of the 
9 petitioner obliterated on the official index 
10 required to be kept by the circuit court clerk 
11 under Section 16 of the Clerks of Courts Act, but 
12 the order shall not affect any index issued by the 
13 circuit court clerk before the entry of the order; 
14 and
15    (iii) in response to an inquiry for expunged 
16 records, the court, the Department, or the agency 
17 receiving such inquiry, shall reply as it does in 
18 response to inquiries when no records ever 
19 existed.
20   (B) Upon entry of an order to expunge records 
21 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
22    (i) the records shall be expunged (as defined 
23 in subsection (a)(1)(E)) by the arresting agency 
24 and any other agency as ordered by the court, 
25 within 60 days of the date of service of the order, 
26 unless a motion to vacate, modify, or reconsider 
 
 
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1 the order is filed pursuant to paragraph (12) of 
2 subsection (d) of this Section;
3    (ii) the records of the circuit court clerk 
4 shall be impounded until further order of the court 
5 upon good cause shown and the name of the 
6 petitioner obliterated on the official index 
7 required to be kept by the circuit court clerk 
8 under Section 16 of the Clerks of Courts Act, but 
9 the order shall not affect any index issued by the 
10 circuit court clerk before the entry of the order;
11    (iii) the records shall be impounded by the

12 Department within 60 days of the date of service of 
13 the order as ordered by the court, unless a motion 
14 to vacate, modify, or reconsider the order is filed 
15 pursuant to paragraph (12) of subsection (d) of 
16 this Section;
17    (iv) records impounded by the Department may 
18 be disseminated by the Department only as required 
19 by law or to the arresting authority, the State's 
20 Attorney, and the court upon a later arrest for the 
21 same or a similar offense or for the purpose of 
22 sentencing for any subsequent felony, and to the 
23 Department of Corrections upon conviction for any 
24 offense; and
25    (v) in response to an inquiry for such records 
26 from anyone not authorized by law to access such 
 
 
09800HB2378ham004- 25 -LRB098 05553 RLC 57329 a


1 records, the court, the Department, or the agency 
2 receiving such inquiry shall reply as it does in 
3 response to inquiries when no records ever 
4 existed.
5   (B-5) Upon entry of an order to expunge records 
6 under subsection (e-6):
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 under 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 court 
16 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 Department within 60 days of the date of service of 
24 the order as ordered by the court, unless a motion 
25 to vacate, modify, or reconsider the order is filed 
26 under paragraph (12) of subsection (d) of this 
 
 
09800HB2378ham004- 26 -LRB098 05553 RLC 57329 a


1 Section;
2    (iv) records impounded by the Department may 
3 be disseminated by the Department only as required 
4 by law or to the arresting authority, the State's 
5 Attorney, and the court upon a later arrest for the 
6 same or a similar offense or for the purpose of 
7 sentencing for any subsequent felony, and to the 
8 Department of Corrections upon conviction for any 
9 offense; and
10    (v) in response to an inquiry for these records 
11 from anyone not authorized by law to access the 
12 records, the court, the Department, or the agency 
13 receiving the inquiry shall reply as it does in 
14 response to inquiries when no records ever 
15 existed. 
16   (C) Upon entry of an order to seal records under 
17 subsection
(c), the arresting agency, any other agency 
18 as ordered by the court, the Department, and the court 
19 shall seal the records (as defined in subsection 
20 (a)(1)(K)). In response to an inquiry for such records 
21 from anyone not authorized by law to access such 
22 records, the court, the Department, or the agency 
23 receiving such inquiry shall reply as it does in 
24 response to inquiries when no records ever existed.
25   (D) The Department shall send written notice to the 
26 petitioner of its compliance with each order to expunge 
 
 
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1 or seal records within 60 days of the date of service 
2 of that order or, if a motion to vacate, modify, or 
3 reconsider is filed, within 60 days of service of the 
4 order resolving the motion, if that order requires the 
5 Department to expunge or seal records. In the event of 
6 an appeal from the circuit court order, the Department 
7 shall send written notice to the petitioner of its 
8 compliance with an Appellate Court or Supreme Court 
9 judgment to expunge or seal records within 60 days of 
10 the issuance of the court's mandate. The notice is not 
11 required while any motion to vacate, modify, or 
12 reconsider, or any appeal or petition for 
13 discretionary appellate review, is pending. 
14  (10) Fees. The Department may charge the petitioner a 
15 fee equivalent to the cost of processing any order to 
16 expunge or seal records. Notwithstanding any provision of 
17 the Clerks of Courts Act to the contrary, the circuit court 
18 clerk may charge a fee equivalent to the cost associated 
19 with the sealing or expungement of records by the circuit 
20 court clerk. From the total filing fee collected for the 
21 petition to seal or expunge, the circuit court clerk shall 
22 deposit $10 into the Circuit Court Clerk Operation and 
23 Administrative Fund, to be used to offset the costs 
24 incurred by the circuit court clerk in performing the 
25 additional duties required to serve the petition to seal or 
26 expunge on all parties. The circuit court clerk shall 
 
 
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1 collect and forward the Department of State Police portion 
2 of the fee to the Department and it shall be deposited in 
3 the State Police Services Fund.
4  (11) Final Order. No court order issued under the 
5 expungement or sealing provisions of this Section shall 
6 become final for purposes of appeal until 30 days after 
7 service of the order on the petitioner and all parties 
8 entitled to notice of the petition.
9  (12) Motion to Vacate, Modify, or Reconsider. Under 
10 Section 2-1203 of the Code of Civil Procedure, the 
11 petitioner or any party entitled to notice may file a 
12 motion to vacate, modify, or reconsider the order granting 
13 or denying the petition to expunge or seal within 60 days 
14 of service of the order. If filed more than 60 days after 
15 service of the order, a petition to vacate, modify, or 
16 reconsider shall comply with subsection (c) of Section 
17 2-1401 of the Code of Civil Procedure. Upon filing of a 
18 motion to vacate, modify, or reconsider, notice of the 
19 motion shall be served upon the petitioner and all parties 
20 entitled to notice of the petition. 
21  (13) Effect of Order. An order granting a petition 
22 under the expungement or sealing provisions of this Section 
23 shall not be considered void because it fails to comply 
24 with the provisions of this Section or because of any error 
25 asserted in a motion to vacate, modify, or reconsider. The 
26 circuit court retains jurisdiction to determine whether 
 
 
09800HB2378ham004- 29 -LRB098 05553 RLC 57329 a


1 the order is voidable and to vacate, modify, or reconsider 
2 its terms based on a motion filed under paragraph (12) of 
3 this subsection (d).
4  (14) Compliance with Order Granting Petition to Seal 
5 Records. Unless a court has entered a stay of an order 
6 granting a petition to seal, all parties entitled to notice 
7 of the petition must fully comply with the terms of the 
8 order within 60 days of service of the order even if a 
9 party is seeking relief from the order through a motion 
10 filed under paragraph (12) of this subsection (d) or is 
11 appealing the order.
12  (15) Compliance with Order Granting Petition to 
13 Expunge Records. While a party is seeking relief from the 
14 order granting the petition to expunge through a motion 
15 filed under paragraph (12) of this subsection (d) or is 
16 appealing the order, and unless a court has entered a stay 
17 of that order, the parties entitled to notice of the 
18 petition must seal, but need not expunge, the records until 
19 there is a final order on the motion for relief or, in the 
20 case of an appeal, the issuance of that court's mandate.
21  (16) The changes to this subsection (d) made by Public 
22 Act 98-163 this amendatory Act of the 98th General Assembly 
23 apply to all petitions pending on August 5, 2013 (the 
24 effective date of Public Act 98-163) this amendatory Act of 
25 the 98th General Assembly and to all orders ruling on a 
26 petition to expunge or seal on or after August 5, 2013 (the 
 
 
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1 effective date of Public Act 98-163) this amendatory Act of 
2 the 98th General Assembly. 
3 (e) Whenever a person who has been convicted of an offense 
4is granted
a pardon by the Governor which specifically 
5authorizes expungement, he or she may,
upon verified petition 
6to the Chief Judge of the circuit where the person had
been 
7convicted, any judge of the circuit designated by the Chief 
8Judge, or in
counties of less than 3,000,000 inhabitants, the 
9presiding trial judge at the
defendant's trial, have a court 
10order entered expunging the record of
arrest from the official 
11records of the arresting authority and order that the
records 
12of the circuit court clerk and the Department be sealed until

13further order of the court upon good cause shown or as 
14otherwise provided
herein, and the name of the defendant 
15obliterated from the official index
requested to be kept by the 
16circuit court clerk under Section 16 of the Clerks
of Courts 
17Act in connection with the arrest and conviction for the 
18offense for
which he or she had been pardoned but the order 
19shall not affect any index issued by
the circuit court clerk 
20before the entry of the order. All records sealed by
the 
21Department may be disseminated by the Department only to the 
22arresting authority, the State's Attorney, and the court upon a 
23later
arrest for the same or similar offense or for the purpose 
24of sentencing for any
subsequent felony. Upon conviction for 
25any subsequent offense, the Department
of Corrections shall 
26have access to all sealed records of the Department
pertaining 
 
 
09800HB2378ham004- 31 -LRB098 05553 RLC 57329 a


1to that individual. Upon entry of the order of expungement, the

2circuit court clerk shall promptly mail a copy of the order to 
3the
person who was pardoned.
4 (e-5) Whenever a person who has been convicted of an 
5offense is granted a certificate of eligibility for sealing by 
6the Prisoner Review Board which specifically authorizes 
7sealing, he or she may, upon verified petition to the Chief 
8Judge of the circuit where the person had been convicted, any 
9judge of the circuit designated by the Chief Judge, or in 
10counties of less than 3,000,000 inhabitants, the presiding 
11trial judge at the petitioner's trial, have a court order 
12entered sealing the record of arrest from the official records 
13of the arresting authority and order that the records of the 
14circuit court clerk and the Department be sealed until further 
15order of the court upon good cause shown or as otherwise 
16provided herein, and the name of the petitioner obliterated 
17from the official index requested to be kept by the circuit 
18court clerk under Section 16 of the Clerks of Courts Act in 
19connection with the arrest and conviction for the offense for 
20which he or she had been granted the certificate but the order 
21shall not affect any index issued by the circuit court clerk 
22before the entry of the order. All records sealed by the 
23Department may be disseminated by the Department only as 
24required by this Act or to the arresting authority, a law 
25enforcement agency, the State's Attorney, and the court upon a 
26later arrest for the same or similar offense or for the purpose 
 
 
09800HB2378ham004- 32 -LRB098 05553 RLC 57329 a


1of sentencing for any subsequent felony. Upon conviction for 
2any subsequent offense, the Department of Corrections shall 
3have access to all sealed records of the Department pertaining 
4to that individual. Upon entry of the order of sealing, the 
5circuit court clerk shall promptly mail a copy of the order to 
6the person who was granted the certificate of eligibility for 
7sealing. 
8 (e-6) Whenever a person who has been convicted of an 
9offense is granted a certificate of eligibility for expungement 
10by the Prisoner Review Board which specifically authorizes 
11expungement, he or she may, upon verified petition to the Chief 
12Judge of the circuit where the person had been convicted, any 
13judge of the circuit designated by the Chief Judge, or in 
14counties of less than 3,000,000 inhabitants, the presiding 
15trial judge at the petitioner's trial, have a court order 
16entered expunging the record of arrest from the official 
17records of the arresting authority and order that the records 
18of the circuit court clerk and the Department be sealed until 
19further order of the court upon good cause shown or as 
20otherwise provided herein, and the name of the petitioner 
21obliterated from the official index requested to be kept by the 
22circuit court clerk under Section 16 of the Clerks of Courts 
23Act in connection with the arrest and conviction for the 
24offense for which he or she had been granted the certificate 
25but the order shall not affect any index issued by the circuit 
26court clerk before the entry of the order. All records sealed 
 
 
09800HB2378ham004- 33 -LRB098 05553 RLC 57329 a


1by the Department may be disseminated by the Department only as 
2required by this Act or to the arresting authority, a law 
3enforcement agency, the State's Attorney, and the court upon a 
4later arrest for the same or similar offense or for the purpose 
5of sentencing for any subsequent felony. Upon conviction for 
6any subsequent offense, the Department of Corrections shall 
7have access to all expunged records of the Department 
8pertaining to that individual. Upon entry of the order of 
9expungement, the circuit court clerk shall promptly mail a copy 
10of the order to the person who was granted the certificate of 
11eligibility for expungement. 
12 (f) Subject to available funding, the Illinois Department

13of Corrections shall conduct a study of the impact of sealing,

14especially on employment and recidivism rates, utilizing a

15random sample of those who apply for the sealing of their

16criminal records under Public Act 93-211. At the request of the

17Illinois Department of Corrections, records of the Illinois

18Department of Employment Security shall be utilized as

19appropriate to assist in the study. The study shall not

20disclose any data in a manner that would allow the

21identification of any particular individual or employing unit.

22The study shall be made available to the General Assembly no

23later than September 1, 2010.

24(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; 
2597-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 
261-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, 
 
 
09800HB2378ham004- 34 -LRB098 05553 RLC 57329 a


1eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, 
2eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised 
39-4-13.)".