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HB1836 - 104th General Assembly

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HB1836 Enrolled
LRB104 08084 RLC 18130 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
This Act may be referred to as the Clean Slate
5
Act.

6

Section 5.
The Criminal Identification Act is amended by
7
changing Sections 2.1, 5.2, 13, and 14 and by adding Section
8
5.3 as follows:

9

(20 ILCS 2630/2.1)

(from Ch. 38, par. 206-2.1)
10

(Text of Section before amendment by P.A. 104-5
)
11

Sec. 2.1.
For the purpose of maintaining complete and
12
accurate criminal records of the Illinois State Police, it is
13
necessary for all policing bodies of this State, the clerk of
14
the circuit court, the Illinois Department of Corrections, the
15
sheriff of each county, and State's Attorney of each county to
16
submit certain criminal arrest, charge, and disposition
17
information to the Illinois State Police for filing at the
18
earliest time possible. Unless otherwise noted herein, it
19
shall be the duty of all policing bodies of this State, the
20
clerk of the circuit court, the Illinois Department of
21
Corrections, the sheriff of each county, and the State's
22
Attorney of each county to report such information as provided

HB1836 Enrolled
- 2 -
LRB104 08084 RLC 18130 b
1
in this Section, both in the form and manner required by the
2
Illinois State Police and within 30 days of the criminal
3
history event. Specifically:
4

(a) Arrest Information. All agencies making arrests
5

for offenses which are required by statute to be
6

collected, maintained or disseminated by the Illinois
7

State Police shall be responsible for furnishing daily to
8

the Illinois State Police fingerprints, charges and
9

descriptions of all persons who are arrested for such
10

offenses. All such agencies shall also notify the Illinois
11

State Police of all decisions by the arresting agency not
12

to refer such arrests for prosecution. With approval of
13

the Illinois State Police, an agency making such arrests
14

may enter into arrangements with other agencies for the
15

purpose of furnishing daily such fingerprints, charges and
16

descriptions to the Illinois State Police upon its behalf.
17

(b) Charge Information. The State's Attorney of each
18

county shall notify the Illinois State Police of all
19

charges filed and all petitions filed alleging that a
20

minor is delinquent, including all those added subsequent
21

to the filing of a case, and whether charges were not filed
22

in cases for which the Illinois State Police has received
23

information required to be reported pursuant to paragraph
24

(a) of this Section. With approval of the Illinois State
25

Police, the State's Attorney may enter into arrangements
26

with other agencies for the purpose of furnishing the

HB1836 Enrolled
- 3 -
LRB104 08084 RLC 18130 b
1

information required by this subsection (b) to the
2

Illinois State Police upon the State's Attorney's behalf.
3

(c) Disposition Information. The clerk of the circuit
4

court of each county shall furnish the Illinois State
5

Police, in the form and manner required by the Supreme
6

Court, with all final dispositions of cases for which the
7

Illinois State Police has received information required to
8

be reported pursuant to paragraph (a) or (d) of this
9

Section. Such information shall include, for each charge,
10

all (1) judgments of not guilty, judgments of guilty
11

including the sentence pronounced by the court with
12

statutory citations to the relevant sentencing provision,
13

findings that a minor is delinquent and any sentence made
14

based on those findings, discharges and dismissals in the
15

court; (2) reviewing court orders filed with the clerk of
16

the circuit court which reverse or remand a reported
17

conviction or findings that a minor is delinquent or that
18

vacate or modify a sentence or sentence made following a
19

trial that a minor is delinquent; (3) continuances to a
20

date certain in furtherance of an order of supervision
21

granted under Section 5-6-1 of the Unified Code of
22

Corrections or an order of probation granted under Section
23

10 of the Cannabis Control Act, Section 410 of the
24

Illinois Controlled Substances Act, Section 70 of the
25

Methamphetamine Control and Community Protection Act,
26

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

HB1836 Enrolled
- 4 -
LRB104 08084 RLC 18130 b
1

the Criminal Code of 1961 or the Criminal Code of 2012,
2

Section 10-102 of the Illinois Alcoholism and Other Drug
3

Dependency Act, Section 40-10 of the Substance Use
4

Disorder Act, Section 10 of the Steroid Control Act, or
5

Section 5-615 of the Juvenile Court Act of 1987; and (4)
6

judgments or court orders terminating or revoking a
7

sentence to or juvenile disposition of probation,
8

supervision or conditional discharge and any resentencing
9

or new court orders entered by a juvenile court relating
10

to the disposition of a minor's case involving delinquency
11

after such revocation.
12

(d) Fingerprints After Sentencing.
13

(1) After the court pronounces sentence, sentences
14

a minor following a trial in which a minor was found to
15

be delinquent or issues an order of supervision or an
16

order of probation granted under Section 10 of the
17

Cannabis Control Act, Section 410 of the Illinois
18

Controlled Substances Act, Section 70 of the
19

Methamphetamine Control and Community Protection Act,
20

Section 12-4.3 or subdivision (b)(1) of Section
21

12-3.05 of the Criminal Code of 1961 or the Criminal
22

Code of 2012, Section 10-102 of the Illinois
23

Alcoholism and Other Drug Dependency Act, Section
24

40-10 of the Substance Use Disorder Act, Section 10 of
25

the Steroid Control Act, or Section 5-615 of the
26

Juvenile Court Act of 1987 for any offense which is

HB1836 Enrolled
- 5 -
LRB104 08084 RLC 18130 b
1

required by statute to be collected, maintained, or
2

disseminated by the Illinois State Police, the State's
3

Attorney of each county shall ask the court to order a
4

law enforcement agency to fingerprint immediately all
5

persons appearing before the court who have not
6

previously been fingerprinted for the same case. The
7

court shall so order the requested fingerprinting, if
8

it determines that any such person has not previously
9

been fingerprinted for the same case. The law
10

enforcement agency shall submit such fingerprints to
11

the Illinois State Police daily.
12

(2) After the court pronounces sentence or makes a
13

disposition of a case following a finding of
14

delinquency for any offense which is not required by
15

statute to be collected, maintained, or disseminated
16

by the Illinois State Police, the prosecuting attorney
17

may ask the court to order a law enforcement agency to
18

fingerprint immediately all persons appearing before
19

the court who have not previously been fingerprinted
20

for the same case. The court may so order the requested
21

fingerprinting, if it determines that any so sentenced
22

person has not previously been fingerprinted for the
23

same case. The law enforcement agency may retain such
24

fingerprints in its files.
25

(e) Corrections Information. The Illinois Department
26

of Corrections and the sheriff of each county shall

HB1836 Enrolled
- 6 -
LRB104 08084 RLC 18130 b
1

furnish the Illinois State Police with all information
2

concerning the receipt, escape, execution, death, release,
3

pardon, parole, commutation of sentence, granting of
4

executive clemency or discharge of an individual who has
5

been sentenced or committed to the agency's custody for
6

any offenses which are mandated by statute to be
7

collected, maintained or disseminated by the Illinois
8

State Police. For an individual who has been charged with
9

any such offense and who escapes from custody or dies
10

while in custody, all information concerning the receipt
11

and escape or death, whichever is appropriate, shall also
12

be so furnished to the Illinois State Police.
13
(Source: P.A. 102-538, eff. 8-20-21.)

14

(Text of Section after amendment by P.A. 104-5
)
15

Sec. 2.1.
For the purpose of maintaining complete and
16
accurate criminal records of the Illinois State Police, it is
17
necessary for all policing bodies of this State, the clerk of
18
the circuit court, the Illinois Department of Corrections, the
19
sheriff of each county, and State's Attorney of each county to
20
submit certain criminal arrest, charge, and disposition
21
information to the Illinois State Police for filing at the
22
earliest time possible. Unless otherwise noted herein, it
23
shall be the duty of all policing bodies of this State, the
24
clerk of the circuit court, the Illinois Department of
25
Corrections, the sheriff of each county, and the State's

HB1836 Enrolled
- 7 -
LRB104 08084 RLC 18130 b
1
Attorney of each county to report such information as provided
2
in this Section, both in the form and manner required by the
3
Illinois State Police and within 30 days of the criminal
4
history event. Specifically:
5

(a) Arrest Information. All agencies making arrests
6

for offenses which are required by statute to be
7

collected, maintained or disseminated by the Illinois
8

State Police shall be responsible for furnishing daily to
9

the Illinois State Police fingerprints, charges and
10

descriptions of all persons who are arrested for such
11

offenses. All such agencies shall also notify the Illinois
12

State Police of all decisions by the arresting agency not
13

to refer such arrests for prosecution. With approval of
14

the Illinois State Police, an agency making such arrests
15

may enter into arrangements with other agencies for the
16

purpose of furnishing daily such fingerprints, charges and
17

descriptions to the Illinois State Police upon its behalf.
18

(b) Charge Information. The State's Attorney of each
19

county shall notify the Illinois State Police of all
20

charges filed and all petitions filed alleging that a
21

minor is delinquent, including all those added subsequent
22

to the filing of a case, and whether charges were not filed
23

in cases for which the Illinois State Police has received
24

information required to be reported pursuant to paragraph
25

(a) of this Section. With approval of the Illinois State
26

Police, the State's Attorney may enter into arrangements

HB1836 Enrolled
- 8 -
LRB104 08084 RLC 18130 b
1

with other agencies for the purpose of furnishing the
2

information required by this subsection (b) to the
3

Illinois State Police upon the State's Attorney's behalf.
4

(c) Disposition Information. The clerk of the circuit
5

court of each county shall furnish the Illinois State
6

Police, in the form and manner required by the Supreme
7

Court, with all final dispositions of cases for which the
8

Illinois State Police has received information required to
9

be reported pursuant to paragraph (a) or (d) of this
10

Section. Such information shall include, for each charge,
11

all (1) judgments of not guilty, judgments of guilty
12

including the sentence pronounced by the court with
13

statutory citations to the relevant sentencing provision,
14

findings that a minor is delinquent and any sentence made
15

based on those findings, discharges and dismissals in the
16

court; (2) reviewing court orders filed with the clerk of
17

the circuit court which reverse or remand a reported
18

conviction or findings that a minor is delinquent or that
19

vacate or modify a sentence or sentence made following a
20

trial that a minor is delinquent; (3) continuances to a
21

date certain in furtherance of an order of supervision
22

granted under Section 5-6-1 of the Unified Code of
23

Corrections or an order of probation granted under Section
24

10 of the Cannabis Control Act, Section 410 of the
25

Illinois Controlled Substances Act, Section 70 of the
26

Methamphetamine Control and Community Protection Act,

HB1836 Enrolled
- 9 -
LRB104 08084 RLC 18130 b
1

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
2

the Criminal Code of 1961 or the Criminal Code of 2012,
3

Section 10-102 of the Illinois Alcoholism and Other Drug
4

Dependency Act, Section 40-10 of the Substance Use
5

Disorder Act, Section 10 of the Steroid Control Act, or
6

Section 5-615 of the Juvenile Court Act of 1987; (4)
7

judgments or court orders terminating or revoking a
8

sentence to or juvenile disposition of probation,
9

supervision or conditional discharge
, judgment or court
10

orders of discharge from probation or conditional
11

discharge,
and any resentencing or new court orders
12

entered by a juvenile court relating to the disposition of
13

a minor's case involving delinquency after such
14

revocation; and (5) in any case in which a firearm is
15

alleged to have been used in the commission of an offense,
16

the serial number of any firearm involved in the case, or
17

if the serial number was obliterated, as provided by the
18

State's Attorney to the clerk of the circuit court at the
19

time of disposition.
The Illinois State Police may provide
20

reports of cases with missing disposition information to
21

the clerk of the circuit court. Each clerk of the circuit
22

court receiving a report of cases with missing disposition
23

information shall respond within 30 days after receiving
24

the report unless the volume of records in the report
25

renders that timeline impracticable.

26

(d) Fingerprints After Sentencing.

HB1836 Enrolled
- 10 -
LRB104 08084 RLC 18130 b
1

(1) After the court pronounces sentence, sentences
2

a minor following a trial in which a minor was found to
3

be delinquent or issues an order of supervision or an
4

order of probation granted under Section 10 of the
5

Cannabis Control Act, Section 410 of the Illinois
6

Controlled Substances Act, Section 70 of the
7

Methamphetamine Control and Community Protection Act,
8

Section 12-4.3 or subdivision (b)(1) of Section
9

12-3.05 of the Criminal Code of 1961 or the Criminal
10

Code of 2012, Section 10-102 of the Illinois
11

Alcoholism and Other Drug Dependency Act, Section
12

40-10 of the Substance Use Disorder Act, Section 10 of
13

the Steroid Control Act, or Section 5-615 of the
14

Juvenile Court Act of 1987 for any offense which is
15

required by statute to be collected, maintained, or
16

disseminated by the Illinois State Police, the State's
17

Attorney of each county shall ask the court to order a
18

law enforcement agency to fingerprint immediately all
19

persons appearing before the court who have not
20

previously been fingerprinted for the same case. The
21

court shall so order the requested fingerprinting, if
22

it determines that any such person has not previously
23

been fingerprinted for the same case. The law
24

enforcement agency shall submit such fingerprints to
25

the Illinois State Police daily.
26

(2) After the court pronounces sentence or makes a

HB1836 Enrolled
- 11 -
LRB104 08084 RLC 18130 b
1

disposition of a case following a finding of
2

delinquency for any offense which is not required by
3

statute to be collected, maintained, or disseminated
4

by the Illinois State Police, the prosecuting attorney
5

may ask the court to order a law enforcement agency to
6

fingerprint immediately all persons appearing before
7

the court who have not previously been fingerprinted
8

for the same case. The court may so order the requested
9

fingerprinting, if it determines that any so sentenced
10

person has not previously been fingerprinted for the
11

same case. The law enforcement agency may retain such
12

fingerprints in its files.
13

(e) Corrections Information. The Illinois Department
14

of Corrections and the sheriff of each county shall
15

furnish the Illinois State Police with all information
16

concerning the receipt, escape, execution, death, release,
17

pardon, parole, commutation of sentence, granting of
18

executive clemency or discharge of an individual who has
19

been sentenced or committed to the agency's custody for
20

any offenses which are mandated by statute to be
21

collected, maintained or disseminated by the Illinois
22

State Police. For an individual who has been charged with
23

any such offense and who escapes from custody or dies
24

while in custody, all information concerning the receipt
25

and escape or death, whichever is appropriate, shall also
26

be so furnished to the Illinois State Police.

HB1836 Enrolled
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LRB104 08084 RLC 18130 b
1

(f) Any entity required to report information
2

concerning criminal arrests, charges, and dispositions
3

pursuant to Section 2.1 or 5 of this Act shall respond to
4

any notice advising the entity of missing or incomplete
5

information or an error in the reporting of the
6

information as follows:
7

(1) Responses shall be made within 30 days after
8

the notice from the Illinois State Police unless the
9

volume of records in the report renders that timeline
10

impracticable.
11

(2) Responses shall include the missing or
12

incomplete information, correction of the error or an
13

explanation detailing the reason the information
14

cannot be provided or corrected, and an estimated
15

timeframe for compliance.

16
(Source: P.A. 104-5, eff. 1-1-26.)

17

(20 ILCS 2630/5.2)
18

Sec. 5.2.
Expungement, sealing, and immediate sealing.
19

(a) General Provisions.
20

(1) Definitions. In this Act, words and phrases have
21

the meanings set forth in this subsection, except when a
22

particular context clearly requires a different meaning.
23

(A) The following terms shall have the meanings
24

ascribed to them in the following Sections of the
25

Unified Code of Corrections:

HB1836 Enrolled
- 13 -
LRB104 08084 RLC 18130 b
1

Business Offense, Section 5-1-2.
2

Charge, Section 5-1-3.
3

Court, Section 5-1-6.
4

Defendant, Section 5-1-7.
5

Felony, Section 5-1-9.
6

Imprisonment, Section 5-1-10.
7

Judgment, Section 5-1-12.
8

Misdemeanor, Section 5-1-14.
9

Offense, Section 5-1-15.
10

Parole, Section 5-1-16.
11

Petty Offense, Section 5-1-17.
12

Probation, Section 5-1-18.
13

Sentence, Section 5-1-19.
14

Supervision, Section 5-1-21.
15

Victim, Section 5-1-22.
16

(B) As used in this Section, "charge not initiated
17

by arrest" means a charge (as defined by Section 5-1-3
18

of the Unified Code of Corrections) brought against a
19

defendant where the defendant is not arrested prior to
20

or as a direct result of the charge.
21

(C) "Conviction" means a judgment of conviction or
22

sentence entered upon a plea of guilty or upon a
23

verdict or finding of guilty of an offense, rendered
24

by a legally constituted jury or by a court of
25

competent jurisdiction authorized to try the case
26

without a jury. An order of supervision successfully

HB1836 Enrolled
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LRB104 08084 RLC 18130 b
1

completed by the petitioner is not a conviction. An
2

order of qualified probation (as defined in subsection
3

(a)(1)(J)) successfully completed by the petitioner is
4

not a conviction. An order of supervision or an order
5

of qualified probation that is terminated
6

unsatisfactorily is a conviction, unless the
7

unsatisfactory termination is reversed, vacated, or
8

modified and the judgment of conviction, if any, is
9

reversed or vacated.
10

(D) "Criminal offense" means a petty offense,
11

business offense, misdemeanor, felony, or municipal
12

ordinance violation (as defined in subsection
13

(a)(1)(H)). As used in this Section, a minor traffic
14

offense (as defined in subsection (a)(1)(G)) shall not
15

be considered a criminal offense.
16

(E) "Expunge" means to physically destroy the
17

records or return them to the petitioner and to
18

obliterate the petitioner's name from any official
19

index or public record, or both. Nothing in this Act
20

shall require the physical destruction of the circuit
21

court file, but such records relating to arrests or
22

charges, or both, ordered expunged shall be impounded
23

as required by subsections (d)(9)(A)(ii) and
24

(d)(9)(B)(ii).
25

(F) As used in this Section, "last sentence" means
26

the sentence, order of supervision, or order of

HB1836 Enrolled
- 15 -
LRB104 08084 RLC 18130 b
1

qualified probation (as defined by subsection
2

(a)(1)(J)), for a criminal offense (as defined by
3

subsection (a)(1)(D)) that terminates last in time in
4

any jurisdiction, regardless of whether the petitioner
5

has included the criminal offense for which the
6

sentence or order of supervision or qualified
7

probation was imposed in his or her petition. If
8

multiple sentences, orders of supervision, or orders
9

of qualified probation terminate on the same day and
10

are last in time, they shall be collectively
11

considered the "last sentence" regardless of whether
12

they were ordered to run concurrently.
13

(G) "Minor traffic offense" means a petty offense,
14

business offense, or Class C misdemeanor under the
15

Illinois Vehicle Code or a similar provision of a
16

municipal or local ordinance.
17

(G-5) "Minor Cannabis Offense" means a violation
18

of Section 4 or 5 of the Cannabis Control Act
19

concerning not more than 30 grams of any substance
20

containing cannabis, provided the violation did not
21

include a penalty enhancement under Section 7 of the
22

Cannabis Control Act and is not associated with an
23

arrest, conviction or other disposition for a violent
24

crime as defined in subsection (c) of Section 3 of the
25

Rights of Crime Victims and Witnesses Act.
26

(H) "Municipal ordinance violation" means an

HB1836 Enrolled
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LRB104 08084 RLC 18130 b
1

offense defined by a municipal or local ordinance that
2

is criminal in nature and with which the petitioner
3

was charged or for which the petitioner was arrested
4

and released without charging.
5

(I) "Petitioner" means an adult or a minor
6

prosecuted as an adult who has applied for relief
7

under this Section.
8

(J) "Qualified probation" means an order of
9

probation under Section 10 of the Cannabis Control
10

Act, Section 410 of the Illinois Controlled Substances
11

Act, Section 70 of the Methamphetamine Control and
12

Community Protection Act, Section 5-6-3.3 or 5-6-3.4
13

of the Unified Code of Corrections, Section
14

12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
15

those provisions existed before their deletion by
16

Public Act 89-313), Section 10-102 of the Illinois
17

Alcoholism and Other Drug Dependency Act, Section
18

40-10 of the Substance Use Disorder Act, or Section 10
19

of the Steroid Control Act. For the purpose of this
20

Section, "successful completion" of an order of
21

qualified probation under Section 10-102 of the
22

Illinois Alcoholism and Other Drug Dependency Act and
23

Section 40-10 of the Substance Use Disorder Act means
24

that the probation was terminated satisfactorily and
25

the judgment of conviction was vacated.
26

(K)
(i) Except as provided in subdivision (ii),

HB1836 Enrolled
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LRB104 08084 RLC 18130 b
1

"seal"

"Seal"
means to physically and electronically
2

maintain the records, unless the records would
3

otherwise be destroyed due to age, but to make the
4

records unavailable without a court order, subject to
5

the exceptions in Sections 12 and 13 of this Act. The
6

petitioner's name shall also be obliterated from the
7

official index required to be kept by the circuit
8

court clerk under Section 16 of the Clerks of Courts
9

Act, but any index issued by the circuit court clerk
10

before the entry of the order to seal shall not be
11

affected.
12

(ii) For records subject to relief under
13

subsection (k) of this Section, "seal" means to
14

physically and electronically maintain the records,
15

unless the records would otherwise be destroyed due to
16

age, but to have the records impounded, as defined in
17

paragraph (2) of subsection (b) of Section 5 of the
18

Court Record and Document Accessibility Act. The
19

defendant's name shall also be obliterated from the
20

official index required to be kept by the circuit
21

court clerk under Section 16 of the Clerks of Courts
22

Act. Upon request, and without court order, the
23

circuit court clerk shall provide to the Illinois
24

State Police the disposition information for any
25

record that was ordered to be sealed or impounded
26

pursuant to this Section.

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(L) "Sexual offense committed against a minor"
2

includes, but is not limited to, the offenses of
3

indecent solicitation of a child or criminal sexual
4

abuse when the victim of such offense is under 18 years
5

of age.
6

(M) "Terminate" as it relates to a sentence or
7

order of supervision or qualified probation includes
8

either satisfactory or unsatisfactory termination of
9

the sentence, unless otherwise specified in this
10

Section. A sentence is terminated notwithstanding any
11

outstanding financial legal obligation.
12

(2) Minor Traffic Offenses. Orders of supervision or
13

convictions for minor traffic offenses shall not affect a
14

petitioner's eligibility to expunge or seal records
15

pursuant to this Section.
16

(2.5) Commencing 180 days after July 29, 2016 (the
17

effective date of Public Act 99-697), the law enforcement
18

agency issuing the citation shall automatically expunge,
19

on or before January 1 and July 1 of each year, the law
20

enforcement records of a person found to have committed a
21

civil law violation of subsection (a) of Section 4 of the
22

Cannabis Control Act or subsection (c) of Section 3.5 of
23

the Drug Paraphernalia Control Act in the law enforcement
24

agency's possession or control and which contains the
25

final satisfactory disposition which pertain to the person
26

issued a citation for that offense. The law enforcement

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1

agency shall provide by rule the process for access,
2

review, and to confirm the automatic expungement by the
3

law enforcement agency issuing the citation. Commencing
4

180 days after July 29, 2016 (the effective date of Public
5

Act 99-697), the clerk of the circuit court shall expunge,
6

upon order of the court, or in the absence of a court order
7

on or before January 1 and July 1 of each year, the court
8

records of a person found in the circuit court to have
9

committed a civil law violation of subsection (a) of
10

Section 4 of the Cannabis Control Act or subsection (c) of
11

Section 3.5 of the Drug Paraphernalia Control Act in the
12

clerk's possession or control and which contains the final
13

satisfactory disposition which pertain to the person
14

issued a citation for any of those offenses.
15

(3) Exclusions. Except as otherwise provided in
16

subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
17

of this Section, the court shall not order:
18

(A) the sealing or expungement of the records of
19

arrests or charges not initiated by arrest that result
20

in an order of supervision for or conviction of: (i)
21

any sexual offense committed against a minor; (ii)
22

Section 11-501 of the Illinois Vehicle Code or a
23

similar provision of a local ordinance; or (iii)
24

Section 11-503 of the Illinois Vehicle Code or a
25

similar provision of a local ordinance, unless the
26

arrest or charge is for a misdemeanor violation of

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1

subsection (a) of Section 11-503 or a similar
2

provision of a local ordinance, that occurred prior to
3

the offender reaching the age of 25 years and the
4

offender has no other conviction for violating Section
5

11-501 or 11-503 of the Illinois Vehicle Code or a
6

similar provision of a local ordinance.
7

(B) the sealing or expungement of records of minor
8

traffic offenses (as defined in subsection (a)(1)(G)),
9

unless the petitioner was arrested and released
10

without charging.
11

(C) the sealing of the records of arrests or
12

charges not initiated by arrest which result in an
13

order of supervision or a conviction for the following
14

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,
18

except Section 11-14 and a misdemeanor violation
19

of Section 11-30 of the Criminal Code of 1961 or
20

the Criminal Code of 2012, or a similar provision
21

of a local ordinance;
22

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
23

26-5, or 48-1 of the Criminal Code of 1961 or the
24

Criminal Code of 2012, or a similar provision of a
25

local ordinance;
26

(iii) Section 12-3.1 or 12-3.2 of the Criminal

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1

Code of 1961 or the Criminal Code of 2012, or
2

Section 125 of the Stalking No Contact Order Act,
3

or Section 219 of the Civil No Contact Order Act,
4

or a similar provision of a local ordinance;
5

(iv) Class A misdemeanors or felony offenses
6

under the Humane Care for Animals Act; or
7

(v) any offense or attempted offense that
8

would subject a person to registration under the
9

Sex Offender Registration Act.
10

(D) (blank).
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 each arrest or charge not
15

initiated by arrest sought to be expunged resulted in: (i)
16

acquittal, dismissal, or the petitioner's release without
17

charging, unless excluded by subsection (a)(3)(B); (ii) a
18

conviction which was vacated or reversed, unless excluded
19

by subsection (a)(3)(B); (iii) an order of supervision and
20

such supervision was successfully completed by the
21

petitioner, unless excluded by subsection (a)(3)(A) or
22

(a)(3)(B); or (iv) an order of qualified probation (as
23

defined in subsection (a)(1)(J)) and such probation was
24

successfully completed by the petitioner.
25

(1.5) When a petitioner seeks to have a record of
26

arrest expunged under this Section, and the
petitioner

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1

offender
has been convicted of a criminal offense, the
2

State's Attorney may object to the expungement on the
3

grounds that the records contain specific relevant
4

information aside from the mere fact of the arrest.
5

(2) Time frame for filing a petition to expunge.
6

(A) When the arrest or charge not initiated by
7

arrest sought to be expunged resulted in an acquittal,
8

dismissal, the petitioner's release without charging,
9

or the reversal or vacation of a conviction, there is
10

no waiting period to petition for the expungement of
11

such records.
12

(A-5) In anticipation of the successful completion
13

of a problem-solving court, pre-plea diversion, or
14

post-plea diversion program, a petition for
15

expungement may be filed 61 days before the
16

anticipated dismissal of the case or any time
17

thereafter. Upon successful completion of the program
18

and dismissal of the case, the court shall review the
19

petition of the person graduating from the program and
20

shall grant expungement if the petitioner meets all
21

requirements as specified in any applicable statute.
22

(B) When the arrest or charge not initiated by
23

arrest sought to be expunged resulted in an order of
24

supervision, successfully completed by the petitioner,
25

the following time frames will apply:
26

(i) Those arrests or charges that resulted in

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1

orders of supervision under Section 3-707, 3-708,
2

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

a similar provision of a local ordinance, or under
4

Section 11-1.50, 12-3.2, or 12-15 of the Criminal
5

Code of 1961 or the Criminal Code of 2012, or a
6

similar provision of a local ordinance, shall not
7

be eligible for expungement until 5 years have
8

passed following the satisfactory termination of
9

the supervision.
10

(i-5) Those arrests or charges that resulted
11

in orders of supervision for a misdemeanor
12

violation of subsection (a) of Section 11-503 of
13

the Illinois Vehicle Code or a similar provision
14

of a local ordinance, that occurred prior to the
15

petitioner

offender
reaching the age of 25 years
16

and the
petitioner

offender
has no other
17

conviction for violating Section 11-501 or 11-503
18

of the Illinois Vehicle Code or a similar
19

provision of a local ordinance shall not be
20

eligible for expungement until the petitioner has
21

reached the age of 25 years.
22

(ii) Those arrests or charges that resulted in
23

orders of supervision for any other offenses shall
24

not be eligible for expungement until 2 years have
25

passed following the satisfactory termination of
26

the supervision.

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1

(C) When the arrest or charge not initiated by
2

arrest sought to be expunged resulted in an order of
3

qualified probation, successfully completed by the
4

petitioner, such records shall not be eligible for
5

expungement until 5 years have passed following the
6

satisfactory termination of the probation.
7

(3) Those records maintained by the Illinois State
8

Police for persons arrested prior to their 17th birthday
9

shall be expunged as provided in Section 5-915 of the
10

Juvenile Court Act of 1987.
11

(4) Whenever a person has been arrested for or
12

convicted of any offense, in the name of a person whose
13

identity he or she has stolen or otherwise come into
14

possession of, the aggrieved person from whom the identity
15

was stolen or otherwise obtained without authorization,
16

upon learning of the person having been arrested using his
17

or her identity, may, upon verified petition to the chief
18

judge of the circuit wherein the arrest was made, have a
19

court order entered nunc pro tunc by the Chief Judge to
20

correct the arrest record, conviction record, if any, and
21

all official records of the arresting authority, the
22

Illinois State Police, other criminal justice agencies,
23

the prosecutor, and the trial court concerning such
24

arrest, if any, by removing his or her name from all such
25

records in connection with the arrest and conviction, if
26

any, and by inserting in the records the name of the

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1

petitioner

offender
, if known or ascertainable, in lieu of
2

the aggrieved's name. The records of the circuit court
3

clerk shall be sealed until further order of the court
4

upon good cause shown and the name of the aggrieved person
5

obliterated on the official index required to be kept by
6

the circuit court clerk under Section 16 of the Clerks of
7

Courts Act, but the order shall not affect any index
8

issued by the circuit court clerk before the entry of the
9

order. Nothing in this Section shall limit the Illinois
10

State Police or other criminal justice agencies or
11

prosecutors from listing under
a petitioner's

an
12

offender's
name the false names he or she has used.
13

(5) Whenever a person has been convicted of criminal
14

sexual assault, aggravated criminal sexual assault,
15

predatory criminal sexual assault of a child, criminal
16

sexual abuse, or aggravated criminal sexual abuse, the
17

victim of that offense may request that the State's
18

Attorney of the county in which the conviction occurred
19

file a verified petition with the presiding trial judge at
20

the petitioner's trial to have a court order entered to
21

seal the records of the circuit court clerk in connection
22

with the proceedings of the trial court concerning that
23

offense. However, the records of the arresting authority
24

and the Illinois State Police concerning the offense shall
25

not be sealed. The court, upon good cause shown, shall
26

make the records of the circuit court clerk in connection

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1

with the proceedings of the trial court concerning the
2

offense available for public inspection.
3

(6) If a conviction has been set aside on direct
4

review or on collateral attack and the court determines by
5

clear and convincing evidence that the petitioner was
6

factually innocent of the charge, the court that finds the
7

petitioner factually innocent of the charge shall enter an
8

expungement order for the conviction for which the
9

petitioner has been determined to be innocent as provided
10

in subsection (b) of Section 5-5-4 of the Unified Code of
11

Corrections.
12

(7) Nothing in this Section shall prevent the Illinois
13

State Police from maintaining all records of any person
14

who is admitted to probation upon terms and conditions and
15

who fulfills those terms and conditions pursuant to
16

Section 10 of the Cannabis Control Act, Section 410 of the
17

Illinois Controlled Substances Act, Section 70 of the
18

Methamphetamine Control and Community Protection Act,
19

Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
20

Corrections, Section 12-4.3 or subdivision (b)(1) of
21

Section 12-3.05 of the Criminal Code of 1961 or the
22

Criminal Code of 2012, Section 10-102 of the Illinois
23

Alcoholism and Other Drug Dependency Act, Section 40-10 of
24

the Substance Use Disorder Act, or Section 10 of the
25

Steroid Control Act.
26

(8) If the petitioner has been granted a certificate

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1

of innocence under Section 2-702 of the Code of Civil
2

Procedure, the court that grants the certificate of
3

innocence shall also enter an order expunging the
4

conviction for which the petitioner has been determined to
5

be innocent as provided in subsection (h) of Section 2-702
6

of the Code of Civil Procedure.
7

(c) Sealing.
8

(1) Applicability. Notwithstanding any other provision
9

of this Act to the contrary, and cumulative with any
10

rights to expungement of criminal records, this subsection
11

authorizes the sealing of criminal records of adults and
12

of minors prosecuted as adults. Subsection (g) of this
13

Section provides for immediate sealing of certain records.
14

(2) Eligible Records. The following records may be
15

sealed:
16

(A) All arrests resulting in release without
17

charging;
18

(B) Arrests or charges not initiated by arrest
19

resulting in acquittal, dismissal, or conviction when
20

the conviction was reversed or vacated, except as
21

excluded by subsection (a)(3)(B);
22

(C) Arrests or charges not initiated by arrest
23

resulting in orders of supervision, including orders
24

of supervision for municipal ordinance violations,
25

successfully completed by the petitioner, unless
26

excluded by subsection (a)(3);

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LRB104 08084 RLC 18130 b
1

(C-5) Arrests or charges not initiated by arrest
2

resulting in orders of qualified probation;

3

(D) Arrests or charges not initiated by arrest
4

resulting in convictions
with sentences of conditional
5

discharge or probation, completed without revocation
6

by the petitioner
,
including convictions on municipal
7

ordinance violations,
unless
otherwise
excluded by
8

subsection (a)(3);
9

(E) Arrests or charges not initiated by arrest
10

resulting in
misdemeanor convictions not included in
11

subsection (c)(2)(D), including convictions on
12

municipal ordinance violations, unless excluded by
13

subsection (a)(3)

orders of first offender probation
14

under Section 10 of the Cannabis Control Act, Section
15

410 of the Illinois Controlled Substances Act, Section
16

70 of the Methamphetamine Control and Community
17

Protection Act, or Section 5-6-3.3 of the Unified Code
18

of Corrections
; and
19

(F) Arrests or charges not initiated by arrest
20

resulting in felony convictions
not included in
21

subsection (c)(2)(D)
unless otherwise excluded by
22

subsection
(a)(3)

(a) paragraph (3) of this Section
.
23

(3) When Records Are Eligible to Be Sealed. Records
24

identified as eligible under subsection (c)(2) may be
25

sealed as follows:
26

(A) Records identified as eligible under

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1

subsections (c)(2)(A) and (c)(2)(B) may be sealed at
2

any time.
3

(B)
Records

Except as otherwise provided in
4

subparagraph (E) of this paragraph (3), records

5

identified as eligible under subsection (c)(2)(C)
,
6

(c)(2)(C-5), (c)(2)(D), or (c)(2)(E)
may be sealed 2
7

years after the termination of petitioner's last
8

sentence (as defined in subsection (a)(1)(F)).
9

(C) Except as otherwise provided in
subparagraphs
10

(B) and

subparagraph
(E) of this paragraph (3),
11

records identified as eligible under
subsection

12

subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be
13

sealed 3 years after the termination of the
14

petitioner's last sentence (as defined in subsection
15

(a)(1)(F)). Convictions requiring public registration
16

under the Arsonist Registry Act, the Sex Offender
17

Registration Act, or the Murderer and Violent Offender
18

Against Youth Registration Act may not be sealed until
19

the petitioner is no longer required to register under
20

that relevant Act.
21

(D) Records identified in subsection
22

(a)(3)(A)(iii) may be sealed after the petitioner has
23

reached the age of 25 years.
24

(E) Records identified as eligible under
25

subsection
(c)(2)(C), (c)(2)(D), (c)(2)(E), or

26

(c)(2)(F) may be sealed upon termination of the

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1

petitioner's last sentence if the petitioner earned a
2

high school diploma, associate's degree, career
3

certificate, vocational technical certification, or
4

bachelor's degree, or passed the high school level
5

Test of General Educational Development, during the
6

period of his or her sentence or mandatory supervised
7

release. This subparagraph shall apply only to a
8

petitioner who has not completed the same educational
9

goal prior to the period of his or her sentence or
10

mandatory supervised release. If a petition for
11

sealing eligible records filed under this subparagraph
12

is denied by the court, the time periods under
13

subparagraph
(B) or
(C) shall apply to any subsequent
14

petition for sealing filed by the petitioner.
15

(4)
(Blank).

Subsequent felony convictions. A person
16

may not have subsequent felony conviction records sealed
17

as provided in this subsection (c) if he or she is
18

convicted of any felony offense after the date of the
19

sealing of prior felony convictions as provided in this
20

subsection (c). The court may, upon conviction for a
21

subsequent felony offense, order the unsealing of prior
22

felony conviction records previously ordered sealed by the
23

court.
24

(5) Notice of eligibility for sealing. Upon entry of a
25

disposition for an eligible record under this subsection
26

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

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1

right to have the records sealed and the procedures for
2

the sealing of the records.
3

(d) Procedure. The following procedures apply to
4
expungement under subsections (b), (e), and (e-6) and sealing
5
under subsections (c) and (e-5):
6

(1) Filing the petition. Upon becoming eligible to
7

petition for the expungement or sealing of records under
8

this Section, the petitioner shall file a petition
9

requesting the expungement or sealing of records with the
10

clerk of the court where the arrests occurred or the
11

charges were brought, or both. If arrests occurred or
12

charges were brought in multiple jurisdictions, a petition
13

must be filed in each such jurisdiction. The petitioner
14

shall pay the applicable fee, except no fee shall be
15

required if the petitioner has obtained a court order
16

waiving fees under Supreme Court Rule 298 or it is
17

otherwise waived.
18

(1.5) County fee waiver pilot program. From August 9,
19

2019 (the effective date of Public Act 101-306) through
20

December 31, 2020, in a county of 3,000,000 or more
21

inhabitants, no fee shall be required to be paid by a
22

petitioner if the records sought to be expunged or sealed
23

were arrests resulting in release without charging or
24

arrests or charges not initiated by arrest resulting in
25

acquittal, dismissal, or conviction when the conviction
26

was reversed or vacated, unless excluded by subsection

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LRB104 08084 RLC 18130 b
1

(a)(3)(B). The provisions of this paragraph (1.5), other
2

than this sentence, are inoperative on and after January
3

1, 2022.
4

(2) Contents of petition. The petition shall be
5

verified and shall contain the petitioner's name, date of
6

birth, current address and, for each arrest or charge not
7

initiated by arrest sought to be sealed or expunged, the
8

case number, the date of arrest (if any), the identity of
9

the arresting authority, and such other information as the
10

court may require. During the pendency of the proceeding,
11

the petitioner shall promptly notify the circuit court
12

clerk of any change of his or her address. If the
13

petitioner has received a certificate of eligibility for
14

sealing from the Prisoner Review Board under paragraph
15

(10) of subsection (a) of Section 3-3-2 of the Unified
16

Code of Corrections, the certificate shall be attached to
17

the petition.
18

(3)
(Blank).

Drug test. The petitioner must attach to
19

the petition proof that the petitioner has taken within 30
20

days before the filing of the petition a test showing the
21

absence within his or her body of all illegal substances
22

as defined by the Illinois Controlled Substances Act and
23

the Methamphetamine Control and Community Protection Act
24

if he or she is petitioning to:
25

(A) seal felony records under clause (c)(2)(E);
26

(B) seal felony records for a violation of the

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LRB104 08084 RLC 18130 b
1

Illinois Controlled Substances Act, the
2

Methamphetamine Control and Community Protection Act,
3

or the Cannabis Control Act under clause (c)(2)(F);
4

(C) seal felony records under subsection (e-5); or

5

(D) expunge felony records of a qualified
6

probation under clause (b)(1)(iv).
7

(4) Service of petition. The circuit court clerk shall
8

promptly serve a copy of the petition and documentation to
9

support the petition under subsection (e-5) or (e-6) on
10

the State's Attorney or prosecutor charged with the duty
11

of prosecuting the offense, the Illinois State Police, the
12

arresting agency
,
and
, for municipal ordinance violations,

13

the chief legal officer of the unit of local government
14

effecting the arrest.
15

(5) Objections.
16

(A) Any party entitled to notice of the petition
17

may file an objection to the petition. All objections
18

shall be in writing, shall be filed with the circuit
19

court clerk, and shall state with specificity the
20

basis of the objection. Whenever a person who has been
21

convicted of an offense is granted a pardon by the
22

Governor which specifically authorizes expungement, an
23

objection to the petition may not be filed.
24

(B) Objections to a petition to expunge or seal
25

must be filed within 60 days of the date of service of
26

the petition.

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LRB104 08084 RLC 18130 b
1

(6) Entry of order.
2

(A) The Chief Judge of the circuit wherein the
3

charge was brought, any judge of that circuit
4

designated by the Chief Judge, or in counties of less
5

than 3,000,000 inhabitants, the presiding trial judge
6

at the petitioner's trial, if any, shall rule on the
7

petition to expunge or seal as set forth in this
8

subsection (d)(6).
9

(B) Unless the State's Attorney or prosecutor, the
10

Illinois State Police, the arresting agency, or the
11

chief legal officer files an objection to the petition
12

to expunge or seal within 60 days from the date of
13

service of the petition, the court shall enter an
14

order granting or denying the petition.
15

(C) Notwithstanding any other provision of law,
16

the court shall not deny a petition for sealing under
17

this Section because the petitioner has not satisfied
18

an outstanding legal financial obligation established,
19

imposed, or originated by a court, law enforcement
20

agency, or a municipal, State, county, or other unit
21

of local government, including, but not limited to,
22

any cost, assessment, fine, or fee. An outstanding
23

legal financial obligation does not include any court
24

ordered restitution to a victim under Section 5-5-6 of
25

the Unified Code of Corrections, unless the
26

restitution has been converted to a civil judgment.

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LRB104 08084 RLC 18130 b
1

Nothing in this subparagraph (C) waives, rescinds, or
2

abrogates a legal financial obligation or otherwise
3

eliminates or affects the right of the holder of any
4

financial obligation to pursue collection under
5

applicable federal, State, or local law.
6

(D)
(Blank).

Notwithstanding any other provision
7

of law, the court shall not deny a petition to expunge
8

or seal under this Section because the petitioner has
9

submitted a drug test taken within 30 days before the
10

filing of the petition to expunge or seal that
11

indicates a positive test for the presence of cannabis
12

within the petitioner's body. In this subparagraph
13

(D), "cannabis" has the meaning ascribed to it in
14

Section 3 of the Cannabis Control Act.

15

(7) Hearings. If an objection is filed, the court
16

shall set a date for a hearing and notify the petitioner
17

and all parties entitled to notice of the petition of the
18

hearing date at least 30 days prior to the hearing. Prior
19

to the hearing, the State's Attorney shall consult with
20

the Illinois State Police as to the appropriateness of the
21

relief sought in the petition to expunge or seal. At the
22

hearing, the court shall hear evidence on whether the
23

petition should or should not be granted, and shall grant
24

or deny the petition to expunge or seal the records based
25

on the evidence presented at the hearing. The court may
26

consider the following:

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LRB104 08084 RLC 18130 b
1

(A) the strength of the evidence supporting the
2

defendant's conviction;
3

(B) the reasons for retention of the conviction
4

records by the State;
5

(C) the petitioner's age, criminal record history,
6

and employment history;
7

(D) the period of time between the petitioner's
8

arrest on the charge resulting in the conviction and
9

the filing of the petition under this Section; and
10

(E) the specific adverse consequences the
11

petitioner may be subject to if the petition is
12

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 Illinois State Police, in a form and
16

manner prescribed by the Illinois State Police, to the
17

petitioner, to the State's Attorney or prosecutor charged
18

with the duty of prosecuting the offense, to the arresting
19

agency, to the chief legal officer of the unit of local
20

government effecting the arrest
for municipal ordinance
21

violations
, and to such other criminal justice agencies as
22

may be ordered by the court.
The disposition information
23

for each case or record ordered expunged, sealed, or
24

impounded shall be attached to the order provided to the
25

Illinois State Police.

26

(9) Implementation of order.

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1

(A) Upon entry of an order to expunge records
2

pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
3

both:
4

(i) the records shall be expunged (as defined
5

in subsection (a)(1)(E)) by the arresting agency,
6

the Illinois State Police, and any other agency as
7

ordered by the court, within 60 days of the date of
8

service of the order, unless a motion to vacate,
9

modify, or reconsider the order is filed pursuant
10

to paragraph (12) of subsection (d) of this
11

Section;
12

(ii) the records of the circuit court clerk
13

shall be impounded until further order of the
14

court upon good cause shown and the name of the
15

petitioner obliterated on the official index
16

required to be kept by the circuit court clerk
17

under Section 16 of the Clerks of Courts Act, but
18

the order shall not affect any index issued by the
19

circuit court clerk before the entry of the order;
20

and
21

(iii) in response to an inquiry for expunged
22

records, the court, the Illinois State Police, or
23

the agency receiving such inquiry, shall reply as
24

it does in response to inquiries when no records
25

ever existed.
26

(B) Upon entry of an order to expunge records

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1

pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
2

both:
3

(i) the records shall be expunged (as defined
4

in subsection (a)(1)(E)) by the arresting agency
5

and any other agency as ordered by the court,
6

within 60 days of the date of service of the order,
7

unless a motion to vacate, modify, or reconsider
8

the order is filed pursuant to paragraph (12) of
9

subsection (d) of this Section;
10

(ii) the records of the circuit court clerk
11

shall be impounded until further order of the
12

court upon good cause shown and the name of the
13

petitioner obliterated on the official index
14

required to be kept by the circuit court clerk
15

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

the order shall not affect any index issued by the
17

circuit court clerk before the entry of the order;
18

(iii) the records shall be impounded by the
19

Illinois State Police within 60 days of the date
20

of service of the order as ordered by the court,
21

unless a motion to vacate, modify, or reconsider
22

the order is filed pursuant to paragraph (12) of
23

subsection (d) of this Section;
24

(iv) records impounded by the Illinois State
25

Police may be disseminated by the Illinois State
26

Police only as required by law or to the arresting

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LRB104 08084 RLC 18130 b
1

authority, the State's Attorney, and the court
2

upon a later arrest for the same or a similar
3

offense or for the purpose of sentencing for any
4

subsequent felony, and to the Department of
5

Corrections upon conviction for any offense; and
6

(v) in response to an inquiry for such records
7

from anyone not authorized by law to access such
8

records, the court, the Illinois State Police, or
9

the agency receiving such inquiry shall reply as
10

it does in response to inquiries when no records
11

ever existed.
12

(B-5) Upon entry of an order to expunge records
13

under subsection (e-6):
14

(i) the records shall be expunged (as defined
15

in subsection (a)(1)(E)) by the arresting agency
16

and any other agency as ordered by the court,
17

within 60 days of the date of service of the order,
18

unless a motion to vacate, modify, or reconsider
19

the order is filed under paragraph (12) of
20

subsection (d) of this Section;
21

(ii) the records of the circuit court clerk
22

shall be impounded until further order of the
23

court upon good cause shown and the name of the
24

petitioner obliterated on the official index
25

required to be kept by the circuit court clerk
26

under Section 16 of the Clerks of Courts Act, but

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1

the order shall not affect any index issued by the
2

circuit court clerk before the entry of the order;
3

(iii) the records shall be impounded by the
4

Illinois State Police within 60 days of the date
5

of service of the order as ordered by the court,
6

unless a motion to vacate, modify, or reconsider
7

the order is filed under paragraph (12) of
8

subsection (d) of this Section;
9

(iv) records impounded by the Illinois State
10

Police may be disseminated by the Illinois State
11

Police only as required by law or to the arresting
12

authority, the State's Attorney, and the court
13

upon a later arrest for the same or a similar
14

offense or for the purpose of sentencing for any
15

subsequent felony, and to the Department of
16

Corrections upon conviction for any offense; and
17

(v) in response to an inquiry for these
18

records from anyone not authorized by law to
19

access the records, the court, the Illinois State
20

Police, or the agency receiving the inquiry shall
21

reply as it does in response to inquiries when no
22

records ever existed.
23

(C) Upon entry of an order to seal records under
24

subsection (c), the arresting agency, any other agency
25

as ordered by the court, the Illinois State Police,
26

and the court shall seal the records (as defined in

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1

subsection (a)(1)(K)). In response to an inquiry for
2

such records, from anyone not authorized by law to
3

access such records, the court, the Illinois State
4

Police, or the agency receiving such inquiry shall
5

reply as it does in response to inquiries when no
6

records ever existed.
7

(D) The Illinois State Police shall send written
8

notice to the petitioner of its compliance with each
9

order to expunge or seal records within 60 days of the
10

date of service of that order or, if a motion to
11

vacate, modify, or reconsider is filed, within 60 days
12

of service of the order resolving the motion, if that
13

order requires the Illinois State Police to expunge or
14

seal records. In the event of an appeal from the
15

circuit court order, the Illinois State Police shall
16

send written notice to the petitioner of its
17

compliance with an Appellate Court or Supreme Court
18

judgment to expunge or seal records within 60 days of
19

the issuance of the court's mandate. The notice is not
20

required while any motion to vacate, modify, or
21

reconsider, or any appeal or petition for
22

discretionary appellate review, is pending.
23

(E) Upon motion, the court may order that a sealed
24

judgment or other court record necessary to
25

demonstrate the amount of any legal financial
26

obligation due and owing be made available for the

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1

limited purpose of collecting any legal financial
2

obligations owed by the petitioner that were
3

established, imposed, or originated in the criminal
4

proceeding for which those records have been sealed.
5

The records made available under this subparagraph (E)
6

shall not be entered into the official index required
7

to be kept by the circuit court clerk under Section 16
8

of the Clerks of Courts Act and shall be immediately
9

re-impounded upon the collection of the outstanding
10

financial obligations.
11

(F) Notwithstanding any other provision of this
12

Section, a circuit court clerk may access a sealed
13

record for the limited purpose of collecting payment
14

for any legal financial obligations that were
15

established, imposed, or originated in the criminal
16

proceedings for which those records have been sealed.
17

(10) Fees. The Illinois State Police may charge the
18

petitioner a fee equivalent to the cost of processing any
19

order to expunge or seal records. Notwithstanding any
20

provision of the Clerks of Courts Act to the contrary, the
21

circuit court clerk may charge a fee equivalent to the
22

cost associated with the sealing or expungement of records
23

by the circuit court clerk. From the total filing fee
24

collected for the petition to seal or expunge, the circuit
25

court clerk shall deposit $10 into the Circuit Court Clerk
26

Operation and Administrative Fund, to be used to offset

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1

the costs incurred by the circuit court clerk in
2

performing the additional duties required to serve the
3

petition to seal or expunge on all parties. The circuit
4

court clerk shall collect and remit the Illinois State
5

Police portion of the fee to the State Treasurer and it
6

shall be deposited in the State Police Services Fund. If
7

the record brought under an expungement petition was
8

previously sealed under this Section, the fee for the
9

expungement petition for that same record shall be waived.
10

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

expungement or sealing provisions of this Section shall
12

become final for purposes of appeal until 30 days after
13

service of the order on the petitioner and all parties
14

entitled to notice of the petition.
15

(12) Motion to Vacate, Modify, or Reconsider. Under
16

Section 2-1203 of the Code of Civil Procedure, the
17

petitioner or any party entitled to notice may file a
18

motion to vacate, modify, or reconsider the order granting
19

or denying the petition to expunge or seal within 60 days
20

of service of the order. If filed more than 60 days after
21

service of the order, a petition to vacate, modify, or
22

reconsider shall comply with subsection (c) of Section
23

2-1401 of the Code of Civil Procedure. Upon filing of a
24

motion to vacate, modify, or reconsider, notice of the
25

motion shall be served upon the petitioner and all parties
26

entitled to notice of the petition.

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LRB104 08084 RLC 18130 b
1

(13) Effect of Order. An order granting a petition
2

under the expungement or sealing provisions of this
3

Section shall not be considered void because it fails to
4

comply with the provisions of this Section or because of
5

any error asserted in a motion to vacate, modify, or
6

reconsider. The circuit court retains jurisdiction to
7

determine whether the order is voidable and to vacate,
8

modify, or reconsider its terms based on a motion filed
9

under paragraph (12) of this subsection (d).
10

(14) Compliance with Order Granting Petition to Seal
11

Records. Unless a court has entered a stay of an order
12

granting a petition to seal, all parties entitled to
13

notice of the petition must fully comply with the terms of
14

the order within 60 days of service of the order even if a
15

party is seeking relief from the order through a motion
16

filed under paragraph (12) of this subsection (d) or is
17

appealing the order.
18

(15) Compliance with Order Granting Petition to
19

Expunge Records. While a party is seeking relief from the
20

order granting the petition to expunge through a motion
21

filed under paragraph (12) of this subsection (d) or is
22

appealing the order, and unless a court has entered a stay
23

of that order, the parties entitled to notice of the
24

petition must seal, but need not expunge, the records
25

until there is a final order on the motion for relief or,
26

in the case of an appeal, the issuance of that court's

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LRB104 08084 RLC 18130 b
1

mandate.
2

(16) The changes to this subsection (d) made by Public
3

Act 98-163 apply to all petitions pending on August 5,
4

2013 (the effective date of Public Act 98-163) and to all
5

orders ruling on a petition to expunge or seal on or after
6

August 5, 2013 (the effective date of Public Act 98-163).
7

(17) Upon request, and without court order, the
8

circuit court clerk shall provide the disposition
9

information for any record that was ordered to be sealed
10

or impounded pursuant to this Section to the Illinois
11

State Police.

12

(e) Whenever a person who has been convicted of an offense
13
is granted a pardon by the Governor which specifically
14
authorizes expungement, he or she may, upon verified petition
15
to the Chief Judge of the circuit where the person had been
16
convicted, any judge of the circuit designated by the Chief
17
Judge, or in counties of less than 3,000,000 inhabitants, the
18
presiding trial judge at the defendant's trial, have a court
19
order entered expunging the record of arrest from the official
20
records of the arresting authority and order that the records
21
of the circuit court clerk and the Illinois State Police be
22
sealed until further order of the court upon good cause shown
23
or as otherwise provided herein, and the name of the defendant
24
obliterated from the official index requested to be kept by
25
the circuit court clerk under Section 16 of the Clerks of
26
Courts Act in connection with the arrest and conviction for

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LRB104 08084 RLC 18130 b
1
the offense for which he or she had been pardoned but the order
2
shall not affect any index issued by the circuit court clerk
3
before the entry of the order. All records sealed by the
4
Illinois State Police may be disseminated by the Illinois
5
State Police only to the arresting authority, the State's
6
Attorney, and the court upon a later arrest for the same or
7
similar offense or for the purpose of sentencing for any
8
subsequent felony. Upon conviction for any subsequent offense,
9
the Department of Corrections shall have access to all sealed
10
records of the Illinois State Police pertaining to that
11
individual. Upon entry of the order of expungement, the
12
circuit court clerk shall promptly mail a copy of the order to
13
the person who was pardoned.
14

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

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LRB104 08084 RLC 18130 b
1
obliterated from the official index requested to be kept by
2
the circuit court clerk under Section 16 of the Clerks of
3
Courts Act in connection with the arrest and conviction for
4
the offense for which he or she had been granted the
5
certificate but the order shall not affect any index issued by
6
the circuit court clerk before the entry of the order. All
7
records sealed by the Illinois State Police may be
8
disseminated by the Illinois State Police only as required by
9
this Act or to the arresting authority, a law enforcement
10
agency, the State's Attorney, and the court upon a later
11
arrest for the same or similar offense or for the purpose of
12
sentencing for any subsequent felony. Upon conviction for any
13
subsequent offense, the Department of Corrections shall have
14
access to all sealed records of the Illinois State Police
15
pertaining to that individual. Upon entry of the order of
16
sealing, the circuit court clerk shall promptly mail a copy of
17
the order to the person who was granted the certificate of
18
eligibility for sealing.
19

(e-6) Whenever a person who has been convicted of an
20
offense is granted a certificate of eligibility for
21
expungement by the Prisoner Review Board which specifically
22
authorizes expungement, he or she may, upon verified petition
23
to the Chief Judge of the circuit where the person had been
24
convicted, any judge of the circuit designated by the Chief
25
Judge, or in counties of less than 3,000,000 inhabitants, the
26
presiding trial judge at the petitioner's trial, have a court

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LRB104 08084 RLC 18130 b
1
order entered expunging the record of arrest from the official
2
records of the arresting authority and order that the records
3
of the circuit court clerk and the Illinois State Police be
4
sealed until further order of the court upon good cause shown
5
or as otherwise provided herein, and the name of the
6
petitioner obliterated from the official index requested to be
7
kept by the circuit court clerk under Section 16 of the Clerks
8
of Courts Act in connection with the arrest and conviction for
9
the offense for which he or she had been granted the
10
certificate but the order shall not affect any index issued by
11
the circuit court clerk before the entry of the order. All
12
records sealed by the Illinois State Police may be
13
disseminated by the Illinois State Police only as required by
14
this Act or to the arresting authority, a law enforcement
15
agency, the State's Attorney, and the court upon a later
16
arrest for the same or similar offense or for the purpose of
17
sentencing for any subsequent felony. Upon conviction for any
18
subsequent offense, the Department of Corrections shall have
19
access to all expunged records of the Illinois State Police
20
pertaining to that individual. Upon entry of the order of
21
expungement, the circuit court clerk shall promptly mail a
22
copy of the order to the person who was granted the certificate
23
of eligibility for expungement.
24

(f) Subject to available funding, the Illinois Department
25
of Corrections shall conduct a study of the impact of sealing,
26
especially on employment and recidivism rates, utilizing a

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1
random sample of those who apply for the sealing of their
2
criminal records under Public Act 93-211. At the request of
3
the Illinois Department of Corrections, records of the
4
Illinois Department of Employment Security shall be utilized
5
as appropriate to assist in the study. The study shall not
6
disclose any data in a manner that would allow the
7
identification of any particular individual or employing unit.
8
The study shall be made available to the General Assembly no
9
later than September 1, 2010.
10

(g) Immediate Sealing.
11

(1) Applicability. Notwithstanding any other provision
12

of this Act to the contrary, and cumulative with any
13

rights to expungement or sealing of criminal records, this
14

subsection authorizes the immediate sealing of criminal
15

records of adults and of minors prosecuted as adults.
16

(2) Eligible Records. Arrests or charges not initiated
17

by arrest resulting in acquittal or dismissal with
18

prejudice, except as excluded by subsection (a)(3)(B),
19

that occur on or after January 1, 2018 (the effective date
20

of Public Act 100-282), may be sealed immediately if the
21

petition is filed with the circuit court clerk on the same
22

day and during the same hearing in which the case is
23

disposed.
24

(3) When Records are Eligible to be Immediately
25

Sealed. Eligible records under paragraph (2) of this
26

subsection (g) may be sealed immediately after entry of

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LRB104 08084 RLC 18130 b
1

the final disposition of a case, notwithstanding the
2

disposition of other charges in the same case.
3

(4) Notice of Eligibility for Immediate Sealing. Upon
4

entry of a disposition for an eligible record under this
5

subsection (g), the defendant shall be informed by the
6

court of his or her right to have eligible records
7

immediately sealed and the procedure for the immediate
8

sealing of these records.
9

(5) Procedure. The following procedures apply to
10

immediate sealing under this subsection (g).
11

(A) Filing the Petition. Upon entry of the final
12

disposition of the case, the defendant's attorney may
13

immediately petition the court, on behalf of the
14

defendant, for immediate sealing of eligible records
15

under paragraph (2) of this subsection (g) that are
16

entered on or after January 1, 2018 (the effective
17

date of Public Act 100-282). The immediate sealing
18

petition may be filed with the circuit court clerk
19

during the hearing in which the final disposition of
20

the case is entered. If the defendant's attorney does
21

not file the petition for immediate sealing during the
22

hearing, the defendant may file a petition for sealing
23

at any time as authorized under subsection (c)(3)(A).
24

(B) Contents of Petition. The immediate sealing
25

petition shall be verified and shall contain the
26

petitioner's name, date of birth, current address, and

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LRB104 08084 RLC 18130 b
1

for each eligible record, the case number, the date of
2

arrest if applicable, the identity of the arresting
3

authority if applicable, and other information as the
4

court may require.
5

(C) Drug Test. The petitioner shall not be
6

required to attach proof that he or she has passed a
7

drug test.
8

(D) Service of Petition. A copy of the petition
9

shall be served on the State's Attorney in open court.
10

The petitioner shall not be required to serve a copy of
11

the petition on any other agency.
12

(E) Entry of Order. The presiding trial judge
13

shall enter an order granting or denying the petition
14

for immediate sealing during the hearing in which it
15

is filed. Petitions for immediate sealing shall be
16

ruled on in the same hearing in which the final
17

disposition of the case is entered.
18

(F) Hearings. The court shall hear the petition
19

for immediate sealing on the same day and during the
20

same hearing in which the disposition is rendered.
21

(G) Service of Order. An order to immediately seal
22

eligible records shall be served in conformance with
23

subsection (d)(8).
24

(H) Implementation of Order. An order to
25

immediately seal records shall be implemented in
26

conformance with subsections (d)(9)(C) and (d)(9)(D).

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LRB104 08084 RLC 18130 b
1

(I) Fees. The fee imposed by the circuit court
2

clerk and the Illinois State Police shall comply with
3

paragraph (1) of subsection (d) of this Section.
4

(J) Final Order. No court order issued under this
5

subsection (g) shall become final for purposes of
6

appeal until 30 days after service of the order on the
7

petitioner and all parties entitled to service of the
8

order in conformance with subsection (d)(8).
9

(K) Motion to Vacate, Modify, or Reconsider. Under
10

Section 2-1203 of the Code of Civil Procedure, the
11

petitioner, State's Attorney, or the Illinois State
12

Police may file a motion to vacate, modify, or
13

reconsider the order denying the petition to
14

immediately seal within 60 days of service of the
15

order. If filed more than 60 days after service of the
16

order, a petition to vacate, modify, or reconsider
17

shall comply with subsection (c) of Section 2-1401 of
18

the Code of Civil Procedure.
19

(L) Effect of Order. An order granting an
20

immediate sealing petition shall not be considered
21

void because it fails to comply with the provisions of
22

this Section or because of an error asserted in a
23

motion to vacate, modify, or reconsider. The circuit
24

court retains jurisdiction to determine whether the
25

order is voidable, and to vacate, modify, or
26

reconsider its terms based on a motion filed under

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LRB104 08084 RLC 18130 b
1

subparagraph (L) of this subsection (g).
2

(M) Compliance with Order Granting Petition to
3

Seal Records. Unless a court has entered a stay of an
4

order granting a petition to immediately seal, all
5

parties entitled to service of the order must fully
6

comply with the terms of the order within 60 days of
7

service of the order.
8

(h) Sealing or vacation and expungement of trafficking
9
victims' crimes.
10

(1) A trafficking victim, as defined by paragraph (10)
11

of subsection (a) of Section 10-9 of the Criminal Code of
12

2012, may petition for vacation and expungement or
13

immediate sealing of his or her criminal record upon the
14

completion of his or her last sentence if his or her
15

participation in the underlying offense was a result of
16

human trafficking under Section 10-9 of the Criminal Code
17

of 2012 or a severe form of trafficking under the federal
18

Trafficking Victims Protection Act.
19

(1.5) A petition under paragraph (1) shall be
20

prepared, signed, and filed in accordance with Supreme
21

Court Rule 9. The court may allow the petitioner to attend
22

any required hearing remotely in accordance with local
23

rules. The court may allow a petition to be filed under
24

seal if the public filing of the petition would constitute
25

a risk of harm to the petitioner.
26

(2) A petitioner under this subsection (h), in

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LRB104 08084 RLC 18130 b
1

addition to the requirements provided under paragraph (4)
2

of subsection (d) of this Section, shall include in his or
3

her petition a clear and concise statement that: (A) he or
4

she was a victim of human trafficking at the time of the
5

offense; and (B) that his or her participation in the
6

offense was a result of human trafficking under Section
7

10-9 of the Criminal Code of 2012 or a severe form of
8

trafficking under the federal Trafficking Victims
9

Protection Act.
10

(3) If an objection is filed alleging that the
11

petitioner is not entitled to vacation and expungement or
12

immediate sealing under this subsection (h), the court
13

shall conduct a hearing under paragraph (7) of subsection
14

(d) of this Section and the court shall determine whether
15

the petitioner is entitled to vacation and expungement or
16

immediate sealing under this subsection (h). A petitioner
17

is eligible for vacation and expungement or immediate
18

relief under this subsection (h) if he or she shows, by a
19

preponderance of the evidence, that: (A) he or she was a
20

victim of human trafficking at the time of the offense;
21

and (B) that his or her participation in the offense was a
22

result of human trafficking under Section 10-9 of the
23

Criminal Code of 2012 or a severe form of trafficking
24

under the federal Trafficking Victims Protection Act.
25

(i) Minor Cannabis Offenses under the Cannabis Control
26
Act.

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LRB104 08084 RLC 18130 b
1

(1) Expungement of Arrest Records of Minor Cannabis
2

Offenses.
3

(A) The Illinois State Police and all law
4

enforcement agencies within the State shall
5

automatically expunge all criminal history records of
6

an arrest, charge not initiated by arrest, order of
7

supervision, or order of qualified probation for a
8

Minor Cannabis Offense committed prior to June 25,
9

2019 (the effective date of Public Act 101-27) if:
10

(i) One year or more has elapsed since the
11

date of the arrest or law enforcement interaction
12

documented in the records; and
13

(ii) No criminal charges were filed relating
14

to the arrest or law enforcement interaction or
15

criminal charges were filed and subsequently
16

dismissed or vacated or the arrestee was
17

acquitted.
18

(B) If the law enforcement agency is unable to
19

verify satisfaction of condition (ii) in paragraph
20

(A), records that satisfy condition (i) in paragraph
21

(A) shall be automatically expunged.
22

(C) Records shall be expunged by the law
23

enforcement agency under the following timelines:
24

(i) Records created prior to June 25, 2019
25

(the effective date of Public Act 101-27), but on
26

or after January 1, 2013, shall be automatically

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expunged prior to January 1, 2021;
2

(ii) Records created prior to January 1, 2013,
3

but on or after January 1, 2000, shall be
4

automatically expunged prior to January 1, 2023;
5

(iii) Records created prior to January 1, 2000
6

shall be automatically expunged prior to January
7

1, 2025.
8

In response to an inquiry for expunged records,
9

the law enforcement agency receiving such inquiry
10

shall reply as it does in response to inquiries when no
11

records ever existed; however, it shall provide a
12

certificate of disposition or confirmation that the
13

record was expunged to the individual whose record was
14

expunged if such a record exists.
15

(D) Nothing in this Section shall be construed to
16

restrict or modify an individual's right to have that
17

individual's records expunged except as otherwise may
18

be provided in this Act, or diminish or abrogate any
19

rights or remedies otherwise available to the
20

individual.
21

(2) Pardons Authorizing Expungement of Minor Cannabis
22

Offenses.
23

(A) Upon June 25, 2019 (the effective date of
24

Public Act 101-27), the Department of State Police
25

shall review all criminal history record information
26

and identify all records that meet all of the

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1

following criteria:
2

(i) one or more convictions for a Minor
3

Cannabis Offense;
4

(ii) the conviction identified in paragraph
5

(2)(A)(i) did not include a penalty enhancement
6

under Section 7 of the Cannabis Control Act; and
7

(iii) the conviction identified in paragraph
8

(2)(A)(i) is not associated with a conviction for
9

a violent crime as defined in subsection (c) of
10

Section 3 of the Rights of Crime Victims and
11

Witnesses Act.
12

(B) Within 180 days after June 25, 2019 (the
13

effective date of Public Act 101-27), the Department
14

of State Police shall notify the Prisoner Review Board
15

of all such records that meet the criteria established
16

in paragraph (2)(A).
17

(i) The Prisoner Review Board shall notify the
18

State's Attorney of the county of conviction of
19

each record identified by State Police in
20

paragraph (2)(A) that is classified as a Class 4
21

felony. The State's Attorney may provide a written
22

objection to the Prisoner Review Board on the sole
23

basis that the record identified does not meet the
24

criteria established in paragraph (2)(A). Such an
25

objection must be filed within 60 days or by such
26

later date set by the Prisoner Review Board in the

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1

notice after the State's Attorney received notice
2

from the Prisoner Review Board.
3

(ii) In response to a written objection from a
4

State's Attorney, the Prisoner Review Board is
5

authorized to conduct a non-public hearing to
6

evaluate the information provided in the
7

objection.
8

(iii) The Prisoner Review Board shall make a
9

confidential and privileged recommendation to the
10

Governor as to whether to grant a pardon
11

authorizing expungement for each of the records
12

identified by the Department of State Police as
13

described in paragraph (2)(A).
14

(C) If an individual has been granted a pardon
15

authorizing expungement as described in this Section,
16

the Prisoner Review Board, through the Attorney
17

General, shall file a petition for expungement with
18

the Chief Judge of the circuit or any judge of the
19

circuit designated by the Chief Judge where the
20

individual had been convicted. Such petition may
21

include more than one individual. Whenever an
22

individual who has been convicted of an offense is
23

granted a pardon by the Governor that specifically
24

authorizes expungement, an objection to the petition
25

may not be filed. Petitions to expunge under this
26

subsection (i) may include more than one individual.

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1

Within 90 days of the filing of such a petition, the
2

court shall enter an order expunging the records of
3

arrest from the official records of the arresting
4

authority and order that the records of the circuit
5

court clerk and the Illinois State Police be expunged
6

and the name of the defendant obliterated from the
7

official index requested to be kept by the circuit
8

court clerk under Section 16 of the Clerks of Courts
9

Act in connection with the arrest and conviction for
10

the offense for which the individual had received a
11

pardon but the order shall not affect any index issued
12

by the circuit court clerk before the entry of the
13

order. Upon entry of the order of expungement, the
14

circuit court clerk shall promptly provide a copy of
15

the order and a certificate of disposition to the
16

individual who was pardoned to the individual's last
17

known address or by electronic means (if available) or
18

otherwise make it available to the individual upon
19

request.
20

(D) Nothing in this Section is intended to
21

diminish or abrogate any rights or remedies otherwise
22

available to the individual.
23

(3) Any individual may file a motion to vacate and
24

expunge a conviction for a misdemeanor or Class 4 felony
25

violation of Section 4 or Section 5 of the Cannabis
26

Control Act. Motions to vacate and expunge under this

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1

subsection (i) may be filed with the circuit court, Chief
2

Judge of a judicial circuit or any judge of the circuit
3

designated by the Chief Judge. The circuit court clerk
4

shall promptly serve a copy of the motion to vacate and
5

expunge, and any supporting documentation, on the State's
6

Attorney or prosecutor charged with the duty of
7

prosecuting the offense. When considering such a motion to
8

vacate and expunge, a court shall consider the following:
9

the reasons to retain the records provided by law
10

enforcement, the petitioner's age, the petitioner's age at
11

the time of offense, the time since the conviction, and
12

the specific adverse consequences if denied. An individual
13

may file such a petition after the completion of any
14

non-financial sentence or non-financial condition imposed
15

by the conviction. Within 60 days of the filing of such
16

motion, a State's Attorney may file an objection to such a
17

petition along with supporting evidence. If a motion to
18

vacate and expunge is granted, the records shall be
19

expunged in accordance with subparagraphs (d)(8) and
20

(d)(9)(A) of this Section. An agency providing civil legal
21

aid, as defined by Section 15 of the Public Interest
22

Attorney Assistance Act, assisting individuals seeking to
23

file a motion to vacate and expunge under this subsection
24

may file motions to vacate and expunge with the Chief
25

Judge of a judicial circuit or any judge of the circuit
26

designated by the Chief Judge, and the motion may include

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1

more than one individual. Motions filed by an agency
2

providing civil legal aid concerning more than one
3

individual may be prepared, presented, and signed
4

electronically.
5

(4) Any State's Attorney may file a motion to vacate
6

and expunge a conviction for a misdemeanor or Class 4
7

felony violation of Section 4 or Section 5 of the Cannabis
8

Control Act. Motions to vacate and expunge under this
9

subsection (i) may be filed with the circuit court, Chief
10

Judge of a judicial circuit or any judge of the circuit
11

designated by the Chief Judge, and may include more than
12

one individual. Motions filed by a State's Attorney
13

concerning more than one individual may be prepared,
14

presented, and signed electronically. When considering
15

such a motion to vacate and expunge, a court shall
16

consider the following: the reasons to retain the records
17

provided by law enforcement, the individual's age, the
18

individual's age at the time of offense, the time since
19

the conviction, and the specific adverse consequences if
20

denied. Upon entry of an order granting a motion to vacate
21

and expunge records pursuant to this Section, the State's
22

Attorney shall notify the Prisoner Review Board within 30
23

days. Upon entry of the order of expungement, the circuit
24

court clerk shall promptly provide a copy of the order and
25

a certificate of disposition to the individual whose
26

records will be expunged to the individual's last known

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1

address or by electronic means (if available) or otherwise
2

make available to the individual upon request. If a motion
3

to vacate and expunge is granted, the records shall be
4

expunged in accordance with subparagraphs (d)(8) and
5

(d)(9)(A) of this Section.
6

(5) In the public interest, the State's Attorney of a
7

county has standing to file motions to vacate and expunge
8

pursuant to this Section in the circuit court with
9

jurisdiction over the underlying conviction.
10

(6) If a person is arrested for a Minor Cannabis
11

Offense as defined in this Section before June 25, 2019
12

(the effective date of Public Act 101-27) and the person's
13

case is still pending but a sentence has not been imposed,
14

the person may petition the court in which the charges are
15

pending for an order to summarily dismiss those charges
16

against him or her, and expunge all official records of
17

his or her arrest, plea, trial, conviction, incarceration,
18

supervision, or expungement. If the court determines, upon
19

review, that: (A) the person was arrested before June 25,
20

2019 (the effective date of Public Act 101-27) for an
21

offense that has been made eligible for expungement; (B)
22

the case is pending at the time; and (C) the person has not
23

been sentenced of the minor cannabis violation eligible
24

for expungement under this subsection, the court shall
25

consider the following: the reasons to retain the records
26

provided by law enforcement, the petitioner's age, the

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1

petitioner's age at the time of offense, the time since
2

the conviction, and the specific adverse consequences if
3

denied. If a motion to dismiss and expunge is granted, the
4

records shall be expunged in accordance with subparagraph
5

(d)(9)(A) of this Section.
6

(7) A person imprisoned solely as a result of one or
7

more convictions for Minor Cannabis Offenses under this
8

subsection (i) shall be released from incarceration upon
9

the issuance of an order under this subsection.
10

(8) The Illinois State Police shall allow a person to
11

use the access and review process, established in the
12

Illinois State Police, for verifying that his or her
13

records relating to Minor Cannabis Offenses of the
14

Cannabis Control Act eligible under this Section have been
15

expunged.
16

(9) No conviction vacated pursuant to this Section
17

shall serve as the basis for damages for time unjustly
18

served as provided in the Court of Claims Act.
19

(10) Effect of Expungement. A person's right to
20

expunge an expungeable offense shall not be limited under
21

this Section. The effect of an order of expungement shall
22

be to restore the person to the status he or she occupied
23

before the arrest, charge, or conviction.
24

(11) Information. The Illinois State Police shall post
25

general information on its website about the expungement
26

process described in this subsection (i).

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1

(j) Felony Prostitution Convictions.
2

(1) Automatic Sealing of Felony Prostitution Arrests.
3

(A) The Illinois State Police and local law
4

enforcement agencies within the State shall
5

automatically seal the law enforcement records
6

relating to a person's Class 4 felony arrests and
7

charges not initiated by arrest for prostitution if
8

that arrest or charge not initiated by arrest is
9

eligible for sealing under paragraph (2) of subsection
10

(c).
11

(B) In the absence of a court order or upon the
12

order of a court, the clerk of the circuit court shall
13

automatically seal the court records and case files
14

relating to a person's Class 4 felony arrests and
15

charges not initiated by arrest for prostitution if
16

that arrest or charge not initiated by arrest is
17

eligible for sealing under paragraph (2) of subsection
18

(c).
19

(C) The automatic sealing described in this
20

paragraph (1) shall be completed no later than January
21

1, 2028.
22

(2) Automatic Sealing of Felony Prostitution
23

Convictions.
24

(A) The Illinois State Police and local law
25

enforcement agencies within the State shall
26

automatically seal the law enforcement records

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LRB104 08084 RLC 18130 b
1

relating to a person's Class 4 felony conviction for
2

prostitution if those records are eligible for sealing
3

under paragraph (2) of subsection (c).
4

(B) In the absence of a court order or upon the
5

order of a court, the clerk of the circuit court shall
6

automatically seal the court records relating to a
7

person's Class 4 felony conviction for prostitution if
8

those records are eligible for sealing under paragraph
9

(2) of subsection (c).
10

(C) The automatic sealing of records described in
11

this paragraph (2) shall be completed no later than
12

January 1, 2028.
13

(3) Motions to Vacate and Expunge Felony Prostitution
14

Convictions. Any individual may file a motion to vacate
15

and expunge a conviction for a prior Class 4 felony
16

violation of prostitution. Motions to vacate and expunge
17

under this subsection (j) may be filed with the circuit
18

court, Chief Judge of a judicial circuit, or any judge of
19

the circuit designated by the Chief Judge. When
20

considering the motion to vacate and expunge, a court
21

shall consider the following:
22

(A) the reasons to retain the records provided by
23

law enforcement;
24

(B) the petitioner's age;
25

(C) the petitioner's age at the time of offense;
26

and

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1

(D) the time since the conviction, and the
2

specific adverse consequences if denied. An individual
3

may file the petition after the completion of any
4

sentence or condition imposed by the conviction.
5

Within 60 days of the filing of the motion, a State's
6

Attorney may file an objection to the petition along
7

with supporting evidence. If a motion to vacate and
8

expunge is granted, the records shall be expunged in
9

accordance with subparagraph (d)(9)(A) of this
10

Section. An agency providing civil legal aid, as
11

defined in Section 15 of the Public Interest Attorney
12

Assistance Act, assisting individuals seeking to file
13

a motion to vacate and expunge under this subsection
14

may file motions to vacate and expunge with the Chief
15

Judge of a judicial circuit or any judge of the circuit
16

designated by the Chief Judge, and the motion may
17

include more than one individual.
18

(4) Any State's Attorney may file a motion to vacate
19

and expunge a conviction for a Class 4 felony violation of
20

prostitution. Motions to vacate and expunge under this
21

subsection (j) may be filed with the circuit court, Chief
22

Judge of a judicial circuit, or any judge of the circuit
23

court designated by the Chief Judge, and may include more
24

than one individual. When considering the motion to vacate
25

and expunge, a court shall consider the following reasons:
26

(A) the reasons to retain the records provided by

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LRB104 08084 RLC 18130 b
1

law enforcement;
2

(B) the petitioner's age;
3

(C) the petitioner's age at the time of offense;
4

(D) the time since the conviction; and
5

(E) the specific adverse consequences if denied.
6

If the State's Attorney files a motion to vacate and
7

expunge records for felony prostitution convictions
8

pursuant to this Section, the State's Attorney shall
9

notify the Prisoner Review Board within 30 days of the
10

filing. If a motion to vacate and expunge is granted, the
11

records shall be expunged in accordance with subparagraph
12

(d)(9)(A) of this Section.
13

(5) In the public interest, the State's Attorney of a
14

county has standing to file motions to vacate and expunge
15

pursuant to this Section in the circuit court with
16

jurisdiction over the underlying conviction.
17

(6) The Illinois State Police shall allow a person to
18

a use the access and review process, established in the
19

Illinois State Police, for verifying that his or her
20

records relating to felony prostitution eligible under
21

this Section have been expunged.
22

(7) No conviction vacated pursuant to this Section
23

shall serve as the basis for damages for time unjustly
24

served as provided in the Court of Claims Act.
25

(8) Effect of Expungement. A person's right to expunge
26

an expungeable offense shall not be limited under this

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LRB104 08084 RLC 18130 b
1

Section. The effect of an order of expungement shall be to
2

restore the person to the status he or she occupied before
3

the arrest, charge, or conviction.
4

(9) Information. The Illinois State Police shall post
5

general information on its website about the expungement
6

or sealing process described in this subsection (j).
7

(k) Automatic Sealing.

8

(1) Applicability. Notwithstanding any other provision
9

of this Act, and cumulative with any rights to expungement
10

or sealing of criminal records, this subsection authorizes
11

the automatic sealing of criminal records of adults and of
12

minors prosecuted as adults. Any duties imposed upon the
13

Illinois State Police by this Act are subject to
14

appropriations being made for that purpose to the State
15

Police Services Fund. Any duties imposed upon circuit
16

clerks by this Act are subject to appropriations being
17

made for that purpose to the Circuit Court Clerk Operation
18

and Administrative Fund.
19

(2) Beginning January 1, 2029, records created on or
20

after January 1, 1970 that meet the eligibility criteria
21

in paragraph (k)(3) and timing criteria in paragraph
22

(k)(4) or (k)(5) shall be automatically sealed without the
23

filing of a petition. The Illinois State Police shall
24

identify eligible records, automatically seal eligible
25

records, and provide an electronic notice to circuit
26

clerks, by means of the applicable e-filing system.

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LRB104 08084 RLC 18130 b
1

Commencing January 1, 2029, the Illinois State Police
2

shall, at least quarterly, seal all records identified as
3

subject to automatic sealing in paragraph (k)(3) and
4

meeting time requirements under paragraph (k)(5). At least
5

quarterly, the Illinois State Police shall electronically
6

notify each circuit court of all previously unidentified
7

records originating in that county for which a record is
8

subject to automatic sealing pursuant to this subsection.
9

Upon receipt of notice from the Illinois State Police,
10

circuit clerks shall seal records as that term is defined
11

in subsection (a)(1)(K)(ii). For records held
12

electronically, circuit clerks shall seal records within
13

90 days of notice from the Illinois State Police. For
14

records not held electronically, circuit clerks shall
15

ensure that the individual's name is obliterated from the
16

official index required to be kept by the circuit court
17

clerk under Section 16 of the Clerks of Courts Act and
18

shall also ensure that the permanent record, as defined by
19

the Supreme Court, is sealed as defined in subsection
20

(a)(1)(K)(ii) before anyone not authorized by law is able
21

to access the physical records.
22

For all records created before January 1, 2029, the
23

following timelines shall apply:
24

(A) Records created prior to January 1, 2029 but
25

on or after July 1, 2005 shall be identified and sealed
26

by the Illinois State Police, with notice provided to

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LRB104 08084 RLC 18130 b
1

circuit clerks by means of the applicable e-filing
2

system, by January 1, 2030. Circuit clerks shall seal
3

records in accordance with the procedures established
4

in this Section by January 1, 2031.
5

(B) Records created prior to July 1, 2005 but on or
6

after July 1, 1990 shall be identified and sealed by
7

the Illinois State Police, with notice provided to
8

circuit clerks by means of the applicable e-filing
9

system, by January 1, 2031. Circuit clerks shall seal
10

records in accordance with the procedures established
11

in this Section by January 1, 2032.
12

(C) Records created prior to July 1, 1990 but on or
13

after July 1, 1970 shall be identified and sealed by
14

the Illinois State Police, with notice provided to
15

circuit clerks by means of the applicable e-filing
16

system, by January 1, 2032. Circuit clerks shall seal
17

records in accordance with the procedures established
18

in this Section by January 1, 2034.

19

(3) Records listed in subsection (c)(2) are eligible
20

for automatic record sealing unless excluded by subsection
21

(a)(3) or in this paragraph (3):
22

(A) Records are not eligible for automatic sealing
23

while the subject of the record is serving a sentence,
24

order of supervision, or order of qualified probation
25

for a criminal offense in this State. Records are not
26

eligible for automatic sealing if the subject of the

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1

record has pending filed charges. For the purposes of
2

determining if a charge is pending, if the Illinois
3

State Police is otherwise unable to determine
4

disposition status, misdemeanor charges shall not be
5

considered pending if one year has elapsed since the
6

filing of charges and felony charges shall not be
7

considered pending if 7 years have elapsed since the
8

filing of charges.
9

(B) Records of conviction for offenses included in
10

Article 9 or 11 of the Criminal Code of 1961 or the
11

Criminal Code of 2012, for felonies designated as
12

Class X, and for felonies that require public
13

registration under the Sex Offender Registration Act
14

are not eligible for automatic sealing.
15

Notwithstanding this subparagraph, offenses included
16

in Section 11-14 of the Criminal Code of 1961 or the
17

Criminal Code of 2012 are eligible for automatic
18

sealing. A conviction of a crime of violence, as that
19

term is defined in Section 20 of the Drug Court
20

Treatment Act, is not eligible for automatic sealing.
21

A conviction of trafficking in persons, involuntary
22

servitude, or involuntary sexual servitude of a minor,
23

a conviction of organized retail crime, a conviction
24

of robbery, a conviction of vehicular hijacking, a
25

conviction of burglary that is a Class 1 or 2 felony,
26

or a conviction of residential burglary, as those

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LRB104 08084 RLC 18130 b
1

terms are used in Sections 10-9, 16-25.1, 18-1, 18-3,
2

19-1, and 19-3 of the Criminal Code of 2012, is not
3

eligible for automatic sealing. Convictions requiring
4

public registration under the Arsonist Registration
5

Act or the Murderer and Violent Offender Against Youth
6

Registration Act are not eligible for automatic
7

sealing until the petitioner is no longer required to
8

register under the relevant Act.
9

(C) Records with the same case number as a
10

conviction listed in subparagraph (B) are not eligible
11

for automatic sealing.
12

(D) Felony conviction records are not eligible for
13

automatic sealing until all felony conviction records
14

eligible for automatic sealing for the subject of the
15

record have met the time requirements in paragraph
16

(5).

17

(4) Automatic Sealing of Nonconviction Records.
18

Arrests or charges not initiated by arrest resulting in
19

acquittal or dismissal, except as excluded by subsection
20

(a)(3)(B), that occur on or after January 1, 2029 shall be
21

sealed immediately after entry of the final disposition of
22

a case, except as provided in subsection (k)(3)(C). Upon
23

entry of a disposition for an eligible record under this
24

paragraph, the defendant shall be informed by the court
25

that the defendant's eligible records will be immediately
26

sealed and the procedure for the immediate sealing of

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1

these records. The court shall enter an order sealing the
2

record after entry of the final disposition of a case.
3

After sealing records pursuant to this paragraph, the
4

circuit court clerk must provide notice of sealing to the
5

Illinois State Police and to the arresting agency in a
6

form and manner prescribed by the Supreme Court. The
7

circuit clerk shall provide this notice within 30 days of
8

sealing the record and may do so electronically. An order
9

to immediately seal records shall be implemented in
10

conformance with paragraph (8).

11

(5) When Records are Subject to Automatic Sealing.
12

(A) Records of arrest resulting in release without
13

charging and records of arrests or charges not
14

initiated by arrest resulting in acquittal, dismissal,
15

or conviction when the conviction was reversed or
16

vacated are subject to automatic sealing immediately.
17

(B) Records of arrests or charges not initiated by
18

arrest resulting in orders of supervision, including
19

orders of supervision for municipal ordinance
20

violations, resulting in orders of qualified
21

probation, are subject to automatic sealing if 2 years
22

have elapsed since the termination of the order of
23

supervision or qualified probation.
24

(C) Arrests or charges not initiated by arrest
25

resulting in misdemeanor convictions are subject to
26

automatic sealing if two years have elapsed since the

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1

termination of the sentence associated with the
2

record.
3

(D) Arrests or charges not initiated by arrest
4

resulting in convictions for felony offenses are
5

subject to automatic sealing if 3 years have elapsed
6

since the termination of the sentence associated with
7

the record.
8

(E) For the purposes of determining if the
9

timelines in this paragraph (5) have been met, the
10

Illinois State Police shall consider records in its
11

possession and, in the absence of disposition or
12

sentence termination records, shall deem sentences
13

terminated based on the sentence or supervision term
14

length information in its possession. In the absence
15

of a known term length of probation or conditional
16

discharge, the Illinois State Police shall deem a term
17

completed if the maximum probation or conditional
18

discharge term length for the statutory class of the
19

offense has elapsed since the disposition date.
20

(6) Notice. At least monthly, the circuit court clerk
21

shall provide notice to each arresting agency of all
22

records sealed under this subsection. The circuit court
23

clerk may provide this notice electronically.
24

(7) Implementation.

25

(A) Upon notice of sealing provided by the circuit
26

court clerk, the arresting agency and any other agency

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receiving notice of sealing shall seal the records
2

under the procedures in subsections (a)(1)(K) and
3

(d)(9)(C).

4

(B) In response to an inquiry for the sealed
5

records from anyone not authorized by law to access
6

the records, the court, the Illinois State Police, the
7

arresting agency, or the prosecuting agency receiving
8

the inquiry shall reply as it does in response to
9

inquiries when no records ever existed.

10

(C) Each circuit court that has sealed a record
11

shall make those records available to the subject of
12

the record, or an attorney representing the subject of
13

the record, without court order within 7 days.

14

(8) Upon request, the circuit court clerk shall
15

provide disposition information for any record sealed
16

pursuant to this subsection to the Illinois State Police,
17

the arresting agency, the State's Attorney, or prosecutor
18

that prosecuted the offense. If the Illinois State Police,
19

arresting agency, State's Attorney, or prosecutor that
20

prosecuted the offense determine a record has been
21

improperly sealed pursuant to this subsection, the
22

Illinois State Police, arresting agency, State's Attorney,
23

or prosecutor that prosecuted the offense may file a
24

petition to unseal the record with the court that entered
25

the original record. If the court determines the record
26

was improperly sealed, the court shall enter an order

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unsealing the record.
2

(9) Records sealed under this subsection shall be used
3

and disseminated by the Illinois State Police only as
4

required or authorized by a federal or State law, rule, or
5

regulation that requires inquiry into and release of
6

criminal records. The Department of Corrections shall have
7

access to all sealed records of the Illinois State Police
8

pertaining to individuals committed or confined within or
9

sentenced to a term of imprisonment within a correctional
10

institution or facility.
11

(10) The Illinois State Police shall allow a person to
12

use the access and review process, established by the
13

Illinois State Police, for verifying that the person's
14

records eligible under this subsection have been sealed.
15

As part of the access and review process, upon request,
16

the Illinois State Police shall provide the subject of the
17

record written confirmation that the record was sealed
18

under this subsection.
19

(11) An individual may challenge the individual's
20

record and request corrections, including the sealing of
21

records eligible under this subsection, by completing and
22

submitting a record challenge form to the Illinois State
23

Police. The Illinois State Police shall automatically seal
24

all records identified as eligible under this subsection
25

based on the access and review process. The Illinois State
26

Police shall include any records identified as eligible

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under this process in the next electronic notification of
2

the circuit court in which the case originated. The
3

Illinois State Police shall render a final administrative
4

decision with respect to the record challenge, which shall
5

be subject to administrative appeal procedures established
6

by the Illinois Criminal Justice Information Authority.
7

(12) Nothing in this Section shall be construed to
8

restrict or modify an individual's right to have that
9

individual's records expunged or sealed except as
10

otherwise may be provided in this Act or diminish or
11

abrogate any rights or remedies otherwise available to the
12

individual.
13

(13) The State or the county, or an official or
14

employee of the State or the county acting in the course of
15

the official's or employee's duties, is not liable for an
16

injury or loss a person might receive due to an act or
17

omission of a person in the commission of the person's
18

duties under this Act, except for willful, wanton
19

misconduct or gross negligence on the part of the
20

governmental unit or on the part of the official or
21

employee.
22

(l) Municipal ordinance violations and Class C
23
misdemeanors. Notwithstanding any other provision of this Act
24
to the contrary and cumulative with any rights to expungement
25
of criminal records, this subsection requires the sealing of
26
criminal records of municipal ordinance violations and Class C

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misdemeanors without petition. Beginning January 1, 2028, and
2
on January 1 and July 1 of each year thereafter, circuit court
3
clerks shall seal any criminal records of arrests or charges
4
not initiated by arrest resulting in charges or convictions
5
for municipal ordinance violations or Class C misdemeanors if
6
one year has elapsed since the case was closed as designated by
7
the Supreme Court.
8
(Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;
9
103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.
10
7-1-25; 104-417, eff. 8-15-25; revised 9-17-25.)

11

(20 ILCS 2630/5.3 new)
12

Sec. 5.3.
Illinois Clean Slate Task Force.
13

(a) There is created the Illinois Clean Slate Task Force
14
to monitor the development of processes for sealing criminal
15
records without petition, to create a plan for the
16
implementation of this amendatory Act of the 104th General
17
Assembly, and to monitor implementation.
18

(b) The Task Force shall be composed of the following
19
members:
20

(1) The Director of the Illinois State Police or the
21

Director's designee.
22

(2) The Director of the Administrative Office of the
23

Illinois Courts or the Director's designee.
24

(3) A representative appointed by the Supreme Court of
25

Illinois.

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(4) A representative of an association representing
2

sheriffs, appointed by the Minority Leader of the House of
3

Representatives.
4

(5) A representative of an association representing
5

State's Attorneys, appointed by Minority Leader of the
6

Senate.

7

(6) The Executive Director of the Illinois Sentencing
8

Policy Advisory Council or the Executive Director's
9

designee.
10

(7) Three circuit court clerks appointed by the
11

Governor, or the clerks' designees, one of whom represents
12

a county with a population equal to or greater than
13

3,000,000, one of whom represents a population equal to or
14

greater than 250,000 and less than 3,000,000, and one of
15

whom represents a population under 250,000.
16

(8) Two representatives from organizations that
17

advocate for currently or formerly incarcerated people,
18

one appointed by the Speaker of the House of
19

Representatives and one appointed by the Senate President.
20

(9) Two practitioners who represent people petitioning
21

for record sealing, one appointed by the Speaker of the
22

House of Representatives and one appointed by the Senate
23

President.
24

(10) One member appointed by the Speaker of the House
25

of Representatives.
26

(11) One member appointed by the House Minority

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Leader.
2

(12) One member appointed by the Senate President.
3

(13) One member appointed by the Senate Minority
4

Leader.
5

(14) Two members of the public with a criminal record
6

appointed by the Lieutenant Governor.
7

(c) Co-chairpersons of the Task Force shall be elected
8
from among the members of the Task Force by a majority vote of
9
the Task Force. All appointments must be made under this
10
Section within 60 days after the effective date of this
11
amendatory Act of the 104th General Assembly, and the first
12
meeting must be held within 90 days after the effective date of
13
this amendatory Act of the 104th General Assembly. If a
14
vacancy occurs in the Task Force membership, the vacancy shall
15
be filled in the same manner as the original appointment for
16
the remainder of the Task Force.
17

(d) Task Force members shall serve without compensation.
18

(e) The Task Force shall meet, either virtually or in
19
person, at least 4 times each year. Each meeting, including
20
the meeting required under subsection (c), shall be set by the
21
Task Force co-chairpersons.
22

(f) The Task Force shall review best practices, research,
23
and case studies in other states that have passed automatic
24
record change laws. The Task Force shall examine processes for
25
communication between circuit court clerks, the Administrative
26
Office of the Illinois Courts, and the Illinois State Police

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1
for the purposes of record correction, notification of records
2
eligible for automatic sealing, and record matching. The Task
3
Force shall research opportunities for the improvement of the
4
transmission of supervision termination and sentence
5
termination information from circuit court clerks and the
6
Illinois Department of Corrections to the Illinois State
7
Police for the purposes of identifying records eligible for
8
automatic sealing.
9

(g) The Task Force shall produce and submit an annual
10
report before June 30th of each year detailing progress toward
11
implementation of its duties under this Section,
12
recommendations to address challenges to implementation, and
13
needed resources to the General Assembly.
14

(h) The Illinois Criminal Justice Information Authority
15
shall provide administrative and other support to the Task
16
Force. The General Assembly may appropriate funds to the
17
Illinois Criminal Justice Information Authority for the
18
purpose of funding the work of the Task Force or services
19
provided under this Section.
20

(i) The Task Force is dissolved 5 years after the
21
effective date of this amendatory Act of the 104th General
22
Assembly.
23

(j) This Section is repealed 6 years after the effective
24
date of this amendatory Act of the 104th General Assembly.

25

(20 ILCS 2630/13)

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Sec. 13.
Retention and release of sealed records.
2

(a) The Illinois State Police shall retain records sealed
3
under subsection (c) or (e-5) of Section 5.2
or impounded
4
under
subparagraph (B) or (B-5) of paragraph (9) of subsection
5
(d) of
Section 5.2 and shall release them only as authorized by
6
this Act. Felony records sealed
under subsection (c) or (e-5)
7
of Section 5.2
or impounded under
subparagraph (B) or (B-5) of
8
paragraph (9) of subsection (d) of
Section 5.2 shall be used
9
and disseminated by the Illinois State Police only as
10
otherwise specifically required or authorized by a federal or
11
State law, rule, or regulation that requires inquiry into and
12
release of criminal records, including, but not limited to,
13
subsection (A) of Section 3 of this Act. However, all requests
14
for records that have been expunged, sealed, and impounded and
15
the use of those records are subject to the provisions of
16
Section 2-103 of the Illinois Human Rights Act. Upon
17
conviction for any offense, the Department of Corrections
18
shall have access to all sealed records of the Illinois State
19
Police pertaining to that individual.
20

(b) Notwithstanding the foregoing, all sealed or impounded
21
records are subject to inspection and use by the court and
22
inspection and use by law enforcement agencies and State's
23
Attorneys or other prosecutors in carrying out the duties of
24
their offices.
25

(c) The sealed or impounded records maintained under
26
subsection (a) are exempt from disclosure under the Freedom of

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1
Information Act.
2

(d) The Illinois State Police shall commence the sealing
3
of records of felony arrests and felony convictions pursuant
4
to the provisions of subsection (c) of Section 5.2 of this Act
5
no later than one year from the date that funds have been made
6
available for purposes of establishing the technologies
7
necessary to implement the changes made by this amendatory Act
8
of the 93rd General Assembly.
9
(Source: P.A. 102-538, eff. 8-20-21.)

10

(20 ILCS 2630/14)
11

Sec. 14.
Expungement Backlog Accountability Law.
12

(a) On or before August 1 of each year, the Illinois State
13
Police shall report to the Governor, the Attorney General, the
14
Office of the State Appellate Defender, and both houses of the
15
General Assembly the following information for the previous
16
fiscal year:
17

(1) the number of petitions to expunge received by the
18

Illinois State Police;
19

(2) the number of petitions to expunge to which the
20

Illinois State Police objected pursuant to subdivision
21

(d)(5)(B) of Section 5.2 of this Act;
22

(3) the number of petitions to seal records received
23

by the Illinois State Police;
24

(4) the number of petitions to seal records to which
25

the Illinois State Police objected pursuant to subdivision

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1

(d)(5)(B) of Section 5.2 of this Act;
2

(5) the number of orders to expunge received by the
3

Illinois State Police;
4

(6) the number of orders to expunge to which the
5

Illinois State Police successfully filed a motion to
6

vacate, modify or reconsider under paragraph (12) of
7

subsection (d) of Section 5.2 of this Act;
8

(7) the number of orders to expunge records entered by
9

the Illinois State Police;
10

(8) the number of orders to seal records received by
11

the Illinois State Police;
12

(9) the number of orders to seal records to which the
13

Illinois State Police successfully filed a motion to
14

vacate, modify or reconsider under paragraph (12) of
15

subsection (d) of Section 5.2 of this Act;
16

(10) the number of orders to seal records entered by
17

the Illinois State Police;
18

(11) the amount of fees received by the Illinois State
19

Police pursuant to subdivision (d)(10) of Section 5.2 of
20

this Act and deposited into the State Police Services
21

Fund;
22

(12) the number of orders to expunge or to seal
23

records received by the Illinois State Police that have
24

not been entered as of June 30 of the previous fiscal
25

year
;

.
26

(13) the total number of records sealed pursuant to

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1

automated sealing under subsection (k) of Section 5.2;

2

(14) the number of conviction records sealed pursuant
3

to automated sealing under subsection (k) of Section 5.2;

4

(15) the number of conviction records sealed pursuant
5

to automated sealing under subsection (k) of Section 5.2
6

by misdemeanor or felony class; and

7

(16) the number of records sealed pursuant to
8

automated sealing under subsection (k) of Section 5.2 by
9

county.

10

(b) The information reported under this Section shall be
11
made available to the public, at the time it is reported, on
12
the official web site of the Illinois State Police.
13

(c) Upon request of a State's Attorney or the Attorney
14
General, the Illinois State Police shall provide within 90
15
days a list of all orders to expunge or seal with which the
16
Illinois State Police has not yet complied. This list shall
17
include the date of the order, the name of the petitioner, the
18
case number, and a detailed statement of the basis for
19
non-compliance.
20
(Source: P.A. 102-538, eff. 8-20-21.)

21

Section 10.
The Juvenile Court Act of 1987 is amended by
22
changing Sections 1-8 and 5-901 as follows:

23

(705 ILCS 405/1-8)
24

Sec. 1-8.
Confidentiality and accessibility of juvenile

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1
court records.
2

(A) A juvenile adjudication shall never be considered a
3
conviction nor shall an adjudicated individual be considered a
4
criminal. Unless expressly allowed by law, a juvenile
5
adjudication shall not operate to impose upon the individual
6
any of the civil disabilities ordinarily imposed by or
7
resulting from conviction. Unless expressly allowed by law,
8
adjudications shall not prejudice or disqualify the individual
9
in any civil service application or appointment, from holding
10
public office, or from receiving any license granted by public
11
authority. All juvenile court records which have not been
12
expunged are sealed and may never be disclosed to the general
13
public or otherwise made widely available. Sealed juvenile
14
court records may be obtained only under this Section and
15
Section 1-7 and Part 9 of Article V of this Act, when their use
16
is needed for good cause and with an order from the juvenile
17
court. Inspection and copying of juvenile court records
18
relating to a minor who is the subject of a proceeding under
19
this Act shall be restricted to the following:
20

(1) The minor who is the subject of record, the
21

minor's parents, guardian, and counsel.
22

(2) Law enforcement officers and law enforcement
23

agencies when such information is essential to executing
24

an arrest or search warrant or other compulsory process,
25

or to conducting an ongoing investigation or relating to a
26

minor who has been adjudicated delinquent and there has

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1

been a previous finding that the act which constitutes the
2

previous offense was committed in furtherance of criminal
3

activities by a criminal street gang.
4

Before July 1, 1994, for the purposes of this Section,
5

"criminal street gang" means any ongoing organization,
6

association, or group of 3 or more persons, whether formal
7

or informal, having as one of its primary activities the
8

commission of one or more criminal acts and that has a
9

common name or common identifying sign, symbol, or
10

specific color apparel displayed, and whose members
11

individually or collectively engage in or have engaged in
12

a pattern of criminal activity.
13

Beginning July 1, 1994, for purposes of this Section,
14

"criminal street gang" has the meaning ascribed to it in
15

Section 10 of the Illinois Streetgang Terrorism Omnibus
16

Prevention Act.
17

(3) Judges, hearing officers, prosecutors, public
18

defenders, probation officers, social workers, or other
19

individuals assigned by the court to conduct a
20

pre-adjudication or pre-disposition investigation, and
21

individuals responsible for supervising or providing
22

temporary or permanent care and custody for minors under
23

the order of the juvenile court when essential to
24

performing their responsibilities.
25

(4) Judges, federal, State, and local prosecutors,
26

public defenders, probation officers, and designated

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1

staff:
2

(a) in the course of a trial when institution of
3

criminal proceedings has been permitted or required
4

under Section 5-805;
5

(b) when criminal proceedings have been permitted
6

or required under Section 5-805 and a minor is the
7

subject of a proceeding to determine the conditions of
8

pretrial release;
9

(c) when criminal proceedings have been permitted
10

or required under Section 5-805 and a minor is the
11

subject of a pre-trial investigation, pre-sentence
12

investigation or fitness hearing, or proceedings on an
13

application for probation; or
14

(d) when a minor becomes 18 years of age or older,
15

and is the subject of criminal proceedings, including
16

a hearing to determine the conditions of pretrial
17

release, a pre-trial investigation, a pre-sentence
18

investigation, a fitness hearing, or proceedings on an
19

application for probation.
20

(5) Adult and Juvenile Prisoner Review Boards.
21

(6) Authorized military personnel.
22

(6.5) Employees of the federal government authorized
23

by law.
24

(7) Victims, their subrogees and legal
25

representatives; however, such persons shall have access
26

only to the name and address of the minor and information

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1

pertaining to the disposition or alternative adjustment
2

plan of the juvenile court.
3

(8) Persons engaged in bona fide research, with the
4

permission of the presiding judge of the juvenile court
5

and the chief executive of the agency that prepared the
6

particular records; provided that publication of such
7

research results in no disclosure of a minor's identity
8

and protects the confidentiality of the record.
9

(9) The Secretary of State to whom the Clerk of the
10

Court shall report the disposition of all cases, as
11

required in Section 6-204 of the Illinois Vehicle Code.
12

However, information reported relative to these offenses
13

shall be privileged and available only to the Secretary of
14

State, courts, and police officers.
15

(10) The administrator of a bonafide substance abuse
16

student assistance program with the permission of the
17

presiding judge of the juvenile court.
18

(11) Mental health professionals on behalf of the
19

Department of Corrections or the Department of Human
20

Services or prosecutors who are evaluating, prosecuting,
21

or investigating a potential or actual petition brought
22

under the Sexually Violent Persons Commitment Act relating
23

to a person who is the subject of juvenile court records or
24

the respondent to a petition brought under the Sexually
25

Violent Persons Commitment Act, who is the subject of
26

juvenile court records sought. Any records and any

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1

information obtained from those records under this
2

paragraph (11) may be used only in sexually violent
3

persons commitment proceedings.
4

(12) (Blank).
5

(A-1) Findings and exclusions of paternity entered in
6
proceedings occurring under Article II of this Act shall be
7
disclosed, in a manner and form approved by the Presiding
8
Judge of the Juvenile Court, to the Department of Healthcare
9
and Family Services when necessary to discharge the duties of
10
the Department of Healthcare and Family Services under Article
11
X of the Illinois Public Aid Code.
12

(B) A minor who is the victim in a juvenile proceeding
13
shall be provided the same confidentiality regarding
14
disclosure of identity as the minor who is the subject of
15
record.
16

(C)(0.1) In cases where the records concern a pending
17
juvenile court case, the requesting party seeking to inspect
18
the juvenile court records shall provide actual notice to the
19
attorney or guardian ad litem of the minor whose records are
20
sought.
21

(0.2) In cases where the juvenile court records concern a
22
juvenile court case that is no longer pending, the requesting
23
party seeking to inspect the juvenile court records shall
24
provide actual notice to the minor or the minor's parent or
25
legal guardian, and the matter shall be referred to the chief
26
judge presiding over matters pursuant to this Act.

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1

(0.3) In determining whether juvenile court records should
2
be made available for inspection and whether inspection should
3
be limited to certain parts of the file, the court shall
4
consider the minor's interest in confidentiality and
5
rehabilitation over the requesting party's interest in
6
obtaining the information. The State's Attorney, the minor,
7
and the minor's parents, guardian, and counsel shall at all
8
times have the right to examine court files and records.
9

(0.4) Any records obtained in violation of this Section
10
shall not be admissible in any criminal or civil proceeding,
11
or operate to disqualify a minor from subsequently holding
12
public office, or operate as a forfeiture of any public
13
benefit, right, privilege, or right to receive any license
14
granted by public authority.
15

(D) Pending or following any adjudication of delinquency
16
for any offense defined in Sections 11-1.20 through 11-1.60 or
17
12-13 through 12-16 of the Criminal Code of 1961 or the
18
Criminal Code of 2012, the victim of any such offense shall
19
receive the rights set out in Sections 4 and 6 of the Rights of
20
Crime Victims and Witnesses Act; and the juvenile who is the
21
subject of the adjudication, notwithstanding any other
22
provision of this Act, shall be treated as an adult for the
23
purpose of affording such rights to the victim.
24

(E) Nothing in this Section shall affect the right of a
25
Civil Service Commission or appointing authority of the
26
federal government, or any state, county, or municipality

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1
examining the character and fitness of an applicant for
2
employment with a law enforcement agency, correctional
3
institution, or fire department to ascertain whether that
4
applicant was ever adjudicated to be a delinquent minor and,
5
if so, to examine the records of disposition or evidence which
6
were made in proceedings under this Act.
7

(F) Following any adjudication of delinquency for a crime
8
which would be a felony if committed by an adult, or following
9
any adjudication of delinquency for a violation of Section
10
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
11
Criminal Code of 2012, the State's Attorney shall ascertain
12
whether the minor respondent is enrolled in school and, if so,
13
shall provide a copy of the dispositional order to the
14
principal or chief administrative officer of the school.
15
Access to the dispositional order shall be limited to the
16
principal or chief administrative officer of the school and
17
any school counselor designated by the principal or chief
18
administrative officer.
19

(G) Nothing contained in this Act prevents the sharing or
20
disclosure of information or records relating or pertaining to
21
juveniles subject to the provisions of the Serious Habitual
22
Offender Comprehensive Action Program when that information is
23
used to assist in the early identification and treatment of
24
habitual juvenile offenders.
25

(H) When a court hearing a proceeding under Article II of
26
this Act becomes aware that an earlier proceeding under

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1
Article II had been heard in a different county, that court
2
shall request, and the court in which the earlier proceedings
3
were initiated shall transmit, an authenticated copy of the
4
juvenile court record, including all documents, petitions, and
5
orders filed and the minute orders, transcript of proceedings,
6
and docket entries of the court.
7

(I) The Clerk of the Circuit Court shall report to the
8
Illinois State Police, in the form and manner required by the
9
Illinois State Police, the final disposition of each minor who
10
has been arrested or taken into custody before the minor's
11
18th birthday for those offenses required to be reported under
12
Section 5 of the Criminal Identification Act. Information
13
reported to the Illinois State Police under this Section may
14
be maintained with records that the Illinois State Police
15
files under Section 2.1 of the Criminal Identification Act.
16
Upon request, the circuit court clerk shall provide the
17
disposition information for any case or record required to be
18
reported to the Illinois State Police under Section 2.1 or 5 of
19
the Criminal Identification Act.

20

(J) The changes made to this Section by Public Act 98-61
21
apply to juvenile law enforcement records of a minor who has
22
been arrested or taken into custody on or after January 1, 2014
23
(the effective date of Public Act 98-61).
24

(K) Willful violation of this Section is a Class C
25
misdemeanor and each violation is subject to a fine of $1,000.
26
This subsection (K) shall not apply to the person who is the

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subject of the record.
2

(L) A person convicted of violating this Section is liable
3
for damages in the amount of $1,000 or actual damages,
4
whichever is greater.
5
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
6
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff.
7
7-28-23; 103-605, eff. 7-1-24.)

8

(705 ILCS 405/5-901)
9

Sec. 5-901.
Court file.
10

(1) The court file with respect to proceedings under this
11
Article shall consist of the petitions, pleadings, victim
12
impact statements, process, service of process, orders, writs
13
and docket entries reflecting hearings held and judgments and
14
decrees entered by the court. The court file shall be kept
15
separate from other records of the court.
16

(a) The file, including information identifying the
17

victim or alleged victim of any sex offense, shall be
18

disclosed only to the following parties when necessary for
19

discharge of their official duties:
20

(i) A judge of the circuit court and members of the
21

staff of the court designated by the judge;
22

(ii) Parties to the proceedings and their
23

attorneys;
24

(iii) Victims and their attorneys, except in cases
25

of multiple victims of sex offenses in which case the

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information identifying the nonrequesting victims
2

shall be redacted;
3

(iv) Probation officers, law enforcement officers
4

or prosecutors or their staff;
5

(v) Adult and juvenile Prisoner Review Boards.
6

(b) The Court file redacted to remove any information
7

identifying the victim or alleged victim of any sex
8

offense shall be disclosed only to the following parties
9

when necessary for discharge of their official duties:
10

(i) Authorized military personnel;
11

(ii) Persons engaged in bona fide research, with
12

the permission of the judge of the juvenile court and
13

the chief executive of the agency that prepared the
14

particular recording: provided that publication of
15

such research results in no disclosure of a minor's
16

identity and protects the confidentiality of the
17

record;
18

(iii) The Secretary of State to whom the Clerk of
19

the Court shall report the disposition of all cases,
20

as required in Section 6-204 or Section 6-205.1 of the
21

Illinois Vehicle Code. However, information reported
22

relative to these offenses shall be privileged and
23

available only to the Secretary of State, courts, and
24

police officers;
25

(iv) The administrator of a bonafide substance
26

abuse student assistance program with the permission

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of the presiding judge of the juvenile court;
2

(v) Any individual, or any public or private
3

agency or institution, having custody of the juvenile
4

under court order or providing educational, medical or
5

mental health services to the juvenile or a
6

court-approved advocate for the juvenile or any
7

placement provider or potential placement provider as
8

determined by the court.
9

(2) (Reserved).
10

(3) A minor who is the victim or alleged victim in a
11
juvenile proceeding shall be provided the same confidentiality
12
regarding disclosure of identity as the minor who is the
13
subject of record. Information identifying victims and alleged
14
victims of sex offenses, shall not be disclosed or open to
15
public inspection under any circumstances. Nothing in this
16
Section shall prohibit the victim or alleged victim of any sex
17
offense from voluntarily disclosing this identity.
18

(4) Relevant information, reports and records shall be
19
made available to the Department of Juvenile Justice when a
20
juvenile offender has been placed in the custody of the
21
Department of Juvenile Justice.
22

(4.5) Relevant information, reports and records, held by
23
the Department of Juvenile Justice, including social
24
investigation, psychological and medical records, of any
25
juvenile offender, shall be made available to any county
26
juvenile detention facility upon written request by the

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Superintendent or Director of that juvenile detention
2
facility, to the Chief Records Officer of the Department of
3
Juvenile Justice where the subject youth is or was in the
4
custody of the Department of Juvenile Justice and is
5
subsequently ordered to be held in a county juvenile detention
6
facility.
7

(5) Except as otherwise provided in this subsection (5),
8
juvenile court records shall not be made available to the
9
general public but may be inspected by representatives of
10
agencies, associations and news media or other properly
11
interested persons by general or special order of the court.
12
The State's Attorney, the minor, the minor's parents, guardian
13
and counsel shall at all times have the right to examine court
14
files and records.
15

(a) The court shall allow the general public to have
16

access to the name, address, and offense of a minor who is
17

adjudicated a delinquent minor under this Act under either
18

of the following circumstances:
19

(i) The adjudication of delinquency was based upon
20

the minor's commission of first degree murder, attempt
21

to commit first degree murder, aggravated criminal
22

sexual assault, or criminal sexual assault; or
23

(ii) The court has made a finding that the minor
24

was at least 13 years of age at the time the act was
25

committed and the adjudication of delinquency was
26

based upon the minor's commission of: (A) an act in

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furtherance of the commission of a felony as a member
2

of or on behalf of a criminal street gang, (B) an act
3

involving the use of a firearm in the commission of a
4

felony, (C) an act that would be a Class X felony
5

offense under or the minor's second or subsequent
6

Class 2 or greater felony offense under the Cannabis
7

Control Act if committed by an adult, (D) an act that
8

would be a second or subsequent offense under Section
9

402 of the Illinois Controlled Substances Act if
10

committed by an adult, (E) an act that would be an
11

offense under Section 401 of the Illinois Controlled
12

Substances Act if committed by an adult, or (F) an act
13

that would be an offense under the Methamphetamine
14

Control and Community Protection Act if committed by
15

an adult.
16

(b) The court shall allow the general public to have
17

access to the name, address, and offense of a minor who is
18

at least 13 years of age at the time the offense is
19

committed and who is convicted, in criminal proceedings
20

permitted or required under Section 5-805, under either of
21

the following circumstances:
22

(i) The minor has been convicted of first degree
23

murder, attempt to commit first degree murder,
24

aggravated criminal sexual assault, or criminal sexual
25

assault,
26

(ii) The court has made a finding that the minor

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was at least 13 years of age at the time the offense
2

was committed and the conviction was based upon the
3

minor's commission of: (A) an offense in furtherance
4

of the commission of a felony as a member of or on
5

behalf of a criminal street gang, (B) an offense
6

involving the use of a firearm in the commission of a
7

felony, (C) a Class X felony offense under the
8

Cannabis Control Act or a second or subsequent Class 2
9

or greater felony offense under the Cannabis Control
10

Act, (D) a second or subsequent offense under Section
11

402 of the Illinois Controlled Substances Act, (E) an
12

offense under Section 401 of the Illinois Controlled
13

Substances Act, or (F) an offense under the
14

Methamphetamine Control and Community Protection Act.
15

(6) Nothing in this Section shall be construed to limit
16
the use of an adjudication of delinquency as evidence in any
17
juvenile or criminal proceeding, where it would otherwise be
18
admissible under the rules of evidence, including, but not
19
limited to, use as impeachment evidence against any witness,
20
including the minor if the minor testifies.
21

(7) Nothing in this Section shall affect the right of a
22
Civil Service Commission or appointing authority examining the
23
character and fitness of an applicant for a position as a law
24
enforcement officer to ascertain whether that applicant was
25
ever adjudicated to be a delinquent minor and, if so, to
26
examine the records or evidence which were made in proceedings

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under this Act.
2

(8) Following any adjudication of delinquency for a crime
3
which would be a felony if committed by an adult, or following
4
any adjudication of delinquency for a violation of Section
5
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
6
Criminal Code of 2012, the State's Attorney shall ascertain
7
whether the minor respondent is enrolled in school and, if so,
8
shall provide a copy of the sentencing order to the principal
9
or chief administrative officer of the school. Access to such
10
juvenile records shall be limited to the principal or chief
11
administrative officer of the school and any school counselor
12
designated by the principal or chief administrative officer.
13

(9) Nothing contained in this Act prevents the sharing or
14
disclosure of information or records relating or pertaining to
15
juveniles subject to the provisions of the Serious Habitual
16
Offender Comprehensive Action Program when that information is
17
used to assist in the early identification and treatment of
18
habitual juvenile offenders.
19

(10) (Reserved).
20

(11) The Clerk of the Circuit Court shall report to the
21
Illinois State Police, in the form and manner required by the
22
Illinois State Police, the final disposition of each minor who
23
has been arrested or taken into custody before the minor's
24
18th birthday for those offenses required to be reported under
25
Section 5 of the Criminal Identification Act. Information
26
reported to the Illinois State Police under this Section may

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1
be maintained with records that the Illinois State Police
2
files under Section 2.1 of the Criminal Identification Act.
3
Upon request, the circuit court clerk shall provide the
4
disposition information for any case or record required to be
5
reported to the Illinois State Police under Section 2.1 or 5 of
6
the Criminal Identification Act.

7

(12) Information or records may be disclosed to the
8
general public when the court is conducting hearings under
9
Section 5-805 or 5-810.
10

(13) The changes made to this Section by Public Act 98-61
11
apply to juvenile court records of a minor who has been
12
arrested or taken into custody on or after January 1, 2014 (the
13
effective date of Public Act 98-61).
14
(Source: P.A. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21;
15
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-22, eff.
16
8-8-23.)

17

Section 95.
No acceleration or delay.
Where this Act makes
18
changes in a statute that is represented in this Act by text
19
that is not yet or no longer in effect (for example, a Section
20
represented by multiple versions), the use of that text does
21
not accelerate or delay the taking effect of (i) the changes
22
made by this Act or (ii) provisions derived from any other
23
Public Act.

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