98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2378
 
Introduced , by Rep. Rita Mayfield
 
SYNOPSIS AS INTRODUCED:



 
20 ILCS 2630/5.2
30 ILCS 105/5.826 new

 Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the
records of his or her arrests when he or she has been convicted of or placed on supervision for a misdemeanor that occurred more than 15 years before the filing of the petition if the person has not committed another offense within that period, other than minor traffic offenses. Provides that prior to the granting of the petition, the Director of State Police shall certify that the person has no other records of arrest and conviction within that time period, other than minor traffic offenses. Provides that the circuit court clerk shall charge a $150 fee per offense plus court costs for the expungement. Provides that the fees shall be deposited in the State treasury in a special fund known as the Misdemeanor Expungement Fund. Provides that the Secretary of Human Services shall disburse moneys in the fund as grants to certain specified organizations.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB2378LRB098 05553 RLC 35590 b



1 AN ACT concerning State government.


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

3represented in the General Assembly:



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



6 (20 ILCS 2630/5.2)


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

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

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

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

19 (ii) a conviction which was vacated or reversed, unless 
20 excluded by subsection (a)(3)(B);
(iii) an order of 
21 supervision and such supervision was successfully 
22 completed by the petitioner, unless excluded by 
23 subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of 
24 qualified probation (as defined in subsection 
25 (a)(1)(J)) and such probation was successfully 
26 completed by the petitioner.
 
 
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1  (1.5) A petitioner may petition the circuit court to 
2 expunge the
records of his or her arrests when he or she 
3 has been convicted of or placed on supervision for a 
4 misdemeanor that occurred more than 15 years before the 
5 filing of the petition if the person has not committed 
6 another offense within that period, other than minor 
7 traffic offenses. Prior to the granting of the petition, 
8 the Director of State Police shall certify that the person 
9 has no other records of arrest and conviction within that 
10 time period, other than minor traffic offenses. 
11  (2) Time frame for filing a petition to expunge.
12   (A) When the arrest or charge not initiated by 
13 arrest sought to be expunged resulted in an acquittal, 
14 dismissal, the petitioner's release without charging, 
15 or the reversal or vacation of a conviction, there is 
16 no waiting period to petition for the expungement of 
17 such records.
18   (B) When the arrest or charge not initiated by 
19 arrest
sought to be expunged resulted in an order of 
20 supervision, successfully
completed by the petitioner, 
21 the following time frames will apply:
22    (i) Those arrests or charges that resulted in 
23 orders of
supervision under Section 3-707, 3-708, 
24 3-710, or 5-401.3 of the Illinois Vehicle Code or a 
25 similar provision of a local ordinance, or under 
26 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
 
 
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1 Code of 1961 or the Criminal Code of 2012, or a 
2 similar provision of a local ordinance, shall not 
3 be eligible for expungement until 5 years have 
4 passed following the satisfactory termination of 
5 the supervision.
6    (i-5) Those arrests or charges that resulted 
7 in orders of supervision for a misdemeanor 
8 violation of subsection (a) of Section 11-503 of 
9 the Illinois Vehicle Code or a similar provision of 
10 a local ordinance, that occurred prior to the 
11 offender reaching the age of 25 years and the 
12 offender has no other conviction for violating 
13 Section 11-501 or 11-503 of the Illinois Vehicle 
14 Code or a similar provision of a local ordinance 
15 shall not be eligible for expungement until the 
16 petitioner has reached the age of 25 years. 
17    (ii) Those arrests or charges that resulted in 
18 orders
of supervision for any other offenses shall 
19 not be
eligible for expungement until 2 years have 
20 passed
following the satisfactory termination of 
21 the supervision.
22   (C) When the arrest or charge not initiated by 
23 arrest sought to
be expunged resulted in an order of 
24 qualified probation, successfully
completed by the 
25 petitioner, such records shall not be eligible for

26 expungement until 5 years have passed following the 
 
 
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1 satisfactory
termination of the probation.
2  (3) Those records maintained by the Department for

3 persons arrested prior to their 17th birthday shall be

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

5 Act of 1987.
6  (4) Whenever a person has been arrested for or 
7 convicted of any
offense, in the name of a person whose 
8 identity he or she has stolen or otherwise
come into 
9 possession of, the aggrieved person from whom the identity

10 was stolen or otherwise obtained without authorization,

11 upon learning of the person having been arrested using his

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

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

2 not affect any index issued by the circuit court clerk

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

4 shall limit the Department of State Police or other

5 criminal justice agencies or prosecutors from listing

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

7 used.
8  (5) Whenever a person has been convicted of criminal

9 sexual assault, aggravated criminal sexual assault,

10 predatory criminal sexual assault of a child, criminal

11 sexual abuse, or aggravated criminal sexual abuse, the

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

13 Attorney of the county in which the conviction occurred

14 file a verified petition with the presiding trial judge at

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

17 with the proceedings of the trial court concerning that

18 offense. However, the records of the arresting authority

19 and the Department of State Police concerning the offense

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

21 shall make the records of the circuit court clerk in

22 connection with the proceedings of the trial court

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

25 or on collateral attack and the court determines by clear

26 and convincing evidence that the petitioner was factually

 
 
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1 innocent of the charge, the court shall enter an

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

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

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

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

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

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

11 Department within 60 days of the date of service of 
12 the order as ordered by the court, unless a motion 
13 to vacate, modify, or reconsider the order is filed 
14 pursuant to paragraph (12) of subsection (d) of 
15 this Section;
16    (iv) records impounded by the Department may 
17 be disseminated by the Department only as required 
18 by law or to the arresting authority, the State's 
19 Attorney, and the court upon a later arrest for the 
20 same or a similar offense or for the purpose of 
21 sentencing for any subsequent felony, and to the 
22 Department of Corrections upon conviction for any 
23 offense; and
24    (v) in response to an inquiry for such records 
25 from anyone not authorized by law to access such 
26 records the court, the Department, or the agency 
 
 
HB2378- 23 -LRB098 05553 RLC 35590 b


1 receiving such inquiry shall reply as it does in 
2 response to inquiries when no records ever 
3 existed.
4   (C) Upon entry of an order to seal records under 
5 subsection
(c), the arresting agency, any other agency 
6 as ordered by the court, the Department, and the court 
7 shall seal the records (as defined in subsection 
8 (a)(1)(K)). In response to an inquiry for such records 
9 from anyone not authorized by law to access such 
10 records the court, the Department, or the agency 
11 receiving such inquiry shall reply as it does in 
12 response to inquiries when no records ever existed.
13  (10) Fees. The Department may charge the petitioner a 
14 fee equivalent to the cost of processing any order to 
15 expunge or seal records. Notwithstanding any provision of 
16 the Clerks of Courts Act to the contrary, the circuit court 
17 clerk may charge a fee equivalent to the cost associated 
18 with the sealing or expungement of records by the circuit 
19 court clerk. Notwithstanding any provision of the Clerks of 
20 Courts Act to the contrary, the circuit court clerk shall 
21 charge a $150 fee per offense plus court costs if 
22 expungement is sought under paragraph (1.5) of subsection 
23 (b) of this Section. The fees shall be deposited in a 
24 special fund which is created in the State treasury known 
25 as the Misdemeanor Expungement Fund to be administered by 
26 the Secretary of Human Services. The Secretary of Human 
 
 
HB2378- 24 -LRB098 05553 RLC 35590 b


1 Services shall disburse moneys in the fund on a quarterly 
2 basis for grants as follows:
3   (A) in the nineteenth judicial circuit (Lake 
4 County) to the Southside Positive Youth;
5   (B) in the County of Cook to the Chicago Area 
6 Project; and
7   (C) in other judicial circuits to youth programs in 
8 circuits that:
9    (i) have an unemployment rate of at least 10%;
10    (ii) less than 5 after-school programs or no 
11 after-school programs; and
12    (iii) at least 45% of the households receives 
13 food stamps.
14  From the total filing fee collected for the petition to 
15 seal or expunge, the circuit court clerk shall deposit $10 
16 into the Circuit Court Clerk Operation and Administrative 
17 Fund, to be used to offset the costs incurred by the 
18 circuit court clerk in performing the additional duties 
19 required to serve the petition to seal or expunge on all 
20 parties. The circuit court clerk shall collect and forward 
21 the Department of State Police portion of the fee to the 
22 Department and it shall be deposited in the State Police 
23 Services Fund.
24  (11) Final Order. No court order issued under the 
25 expungement or sealing provisions of this Section shall 
26 become final for purposes of appeal until 30 days after 
 
 
HB2378- 25 -LRB098 05553 RLC 35590 b


1 service of the order on the petitioner and all parties 
2 entitled to notice of the petition.
3  (12) Motion to Vacate, Modify, or Reconsider. The 
4 petitioner or any party entitled to notice may file a 
5 motion to vacate, modify, or reconsider the order granting 
6 or denying the petition to expunge or seal within 60 days 
7 of service of the order.
8 (e) Whenever a person who has been convicted of an offense 
9is granted
a pardon by the Governor which specifically 
10authorizes expungement, he or she may,
upon verified petition 
11to the Chief Judge of the circuit where the person had
been 
12convicted, any judge of the circuit designated by the Chief 
13Judge, or in
counties of less than 3,000,000 inhabitants, the 
14presiding trial judge at the
defendant's trial, have a court 
15order entered expunging the record of
arrest from the official 
16records of the arresting authority and order that the
records 
17of the circuit court clerk and the Department be sealed until

18further order of the court upon good cause shown or as 
19otherwise provided
herein, and the name of the defendant 
20obliterated from the official index
requested to be kept by the 
21circuit court clerk under Section 16 of the Clerks
of Courts 
22Act in connection with the arrest and conviction for the 
23offense for
which he or she had been pardoned but the order 
24shall not affect any index issued by
the circuit court clerk 
25before the entry of the order. All records sealed by
the 
26Department may be disseminated by the Department only to the 
 
 
HB2378- 26 -LRB098 05553 RLC 35590 b


1arresting authority, the State's Attorney, and the court upon a 
2later
arrest for the same or similar offense or for the purpose 
3of sentencing for any
subsequent felony. Upon conviction for 
4any subsequent offense, the Department
of Corrections shall 
5have access to all sealed records of the Department
pertaining 
6to that individual. Upon entry of the order of expungement, the

7circuit court clerk shall promptly mail a copy of the order to 
8the
person who was pardoned.
9 (e-5) Whenever a person who has been convicted of an 
10offense is granted a certificate of eligibility for sealing by 
11the Prisoner Review Board which specifically authorizes 
12sealing, he or she may, upon verified petition to the Chief 
13Judge of the circuit where the person had been convicted, any 
14judge of the circuit designated by the Chief Judge, or in 
15counties of less than 3,000,000 inhabitants, the presiding 
16trial judge at the petitioner's trial, have a court order 
17entered sealing the record of arrest from the official records 
18of the arresting authority and order that the records of the 
19circuit court clerk and the Department be sealed until further 
20order of the court upon good cause shown or as otherwise 
21provided herein, and the name of the petitioner obliterated 
22from the official index requested to be kept by the circuit 
23court clerk under Section 16 of the Clerks of Courts Act in 
24connection with the arrest and conviction for the offense for 
25which he or she had been granted the certificate but the order 
26shall not affect any index issued by the circuit court clerk 
 
 
HB2378- 27 -LRB098 05553 RLC 35590 b


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

14of Corrections shall conduct a study of the impact of sealing,

15especially on employment and recidivism rates, utilizing a

16random sample of those who apply for the sealing of their

17criminal records under Public Act 93-211. At the request of the

18Illinois Department of Corrections, records of the Illinois

19Department of Employment Security shall be utilized as

20appropriate to assist in the study. The study shall not

21disclose any data in a manner that would allow the

22identification of any particular individual or employing unit.

23The study shall be made available to the General Assembly no

24later than September 1, 2010.

25(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; 
2696-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. 
 
 
HB2378- 28 -LRB098 05553 RLC 35590 b


17-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, 
2eff. 8-19-11; 97-698, eff. 1-1-13; 97-1026, eff. 1-1-13; 
397-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1118, eff. 
41-1-13; 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.)


5 Section 10. The State Finance Act is amended by adding 
6Section 5.826 as follows:

7 (30 ILCS 105/5.826 new)
8 Sec. 5.826. The Misdemeanor Expungement Fund.