Bill Text: IL HB3908 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest or charge not initiated by arrest for driving under a suspended license for failure to pay support or to comply with a visitation order committed prior to January 1, 2019 (the effective date of Public Act 100-1004) if: (1) one year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records; and (2) no criminal charges were filed relating to the arrest or law enforcement interaction or criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted. Establishes time periods in which the records shall be expunged. Establishes procedures in which the State's Attorney may file objections to the expungement of felony violations of the offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3908 Detail]

Download: Illinois-2019-HB3908-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3908 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
20 ILCS 2630/5.2
Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest or charge not initiated by arrest for driving under a suspended license for failure to pay support or to comply with a visitation order committed prior to January 1, 2019 (the effective date of Public Act 100-1004) if: (1) one year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records; and (2) no criminal charges were filed relating to the arrest or law enforcement interaction or criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted. Establishes time periods in which the records shall be expunged. Establishes procedures in which the State's Attorney may file objections to the expungement of felony violations of the offense.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3908 LRB101 14528 RLC 63425 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),

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(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.

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(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and

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are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,

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Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.

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(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement

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agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the law
enforcement agency issuing the citation. Commencing 180
days after July 29, 2016 (the effective date of Public Act
99-697), the clerk of the circuit court shall expunge, upon
order of the court, or in the absence of a court order on
or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of

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subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 and a misdemeanor violation of
Section 11-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the

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Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order
Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has

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been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted

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in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or

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convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known
or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has

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used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the

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Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults. Subsection (g) of this Section

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provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest

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resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection

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(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test
of General Educational Development, during the period
of his or her sentence or mandatory supervised release.
This subparagraph shall apply only to a petitioner who
has not completed the same educational goal prior to
the period of his or her sentence or mandatory
supervised release. If a petition for sealing eligible
records filed under this subparagraph is denied by the
court, the time periods under subparagraph (B) or (C)
shall apply to any subsequent petition for sealing
filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction

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records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) this
amendatory Act of the 101st General Assembly through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a

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petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January 1,
2021.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal

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substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the

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Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit of
local government, including, but not limited to, any

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cost, assessment, fine, or fee. An outstanding legal
financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;

HB3908 - 23 - LRB101 14528 RLC 63425 b
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;

HB3908 - 24 - LRB101 14528 RLC 63425 b
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the

HB3908 - 25 - LRB101 14528 RLC 63425 b
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records

HB3908 - 26 - LRB101 14528 RLC 63425 b
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the

HB3908 - 27 - LRB101 14528 RLC 63425 b
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records,
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of

HB3908 - 28 - LRB101 14528 RLC 63425 b
an appeal from the circuit court order, the Department
shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were

HB3908 - 29 - LRB101 14528 RLC 63425 b
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund. If the record brought under
an expungement petition was previously sealed under this
Section, the fee for the expungement petition for that same
record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.

HB3908 - 30 - LRB101 14528 RLC 63425 b
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a

HB3908 - 31 - LRB101 14528 RLC 63425 b
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August
5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records

HB3908 - 32 - LRB101 14528 RLC 63425 b
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order

HB3908 - 33 - LRB101 14528 RLC 63425 b
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief

HB3908 - 34 - LRB101 14528 RLC 63425 b
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.

HB3908 - 35 - LRB101 14528 RLC 63425 b
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.

HB3908 - 36 - LRB101 14528 RLC 63425 b
(3) When Records are Eligible to be Immediately Sealed.
Eligible records under paragraph (2) of this subsection (g)
may be sealed immediately after entry of the final
disposition of a case, notwithstanding the disposition of
other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective date
of Public Act 100-282). The immediate sealing petition
may be filed with the circuit court clerk during the
hearing in which the final disposition of the case is
entered. If the defendant's attorney does not file the
petition for immediate sealing during the hearing, the
defendant may file a petition for sealing at any time
as authorized under subsection (c)(3)(A).

HB3908 - 37 - LRB101 14528 RLC 63425 b
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be required
to attach proof that he or she has passed a drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge shall
enter an order granting or denying the petition for
immediate sealing during the hearing in which it is
filed. Petitions for immediate sealing shall be ruled
on in the same hearing in which the final disposition
of the case is entered.
(F) Hearings. The court shall hear the petition for
immediate sealing on the same day and during the same
hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to

HB3908 - 38 - LRB101 14528 RLC 63425 b
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Department of State Police shall comply
with paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Department of
State Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an immediate
sealing petition shall not be considered void because
it fails to comply with the provisions of this Section
or because of an error asserted in a motion to vacate,
modify, or reconsider. The circuit court retains
jurisdiction to determine whether the order is

HB3908 - 39 - LRB101 14528 RLC 63425 b
voidable, and to vacate, modify, or reconsider its
terms based on a motion filed under subparagraph (L) of
this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing of
his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human trafficking
under Section 10-9 of the Criminal Code of 2012 or a severe
form of trafficking under the federal Trafficking Victims
Protection Act.
(2) A petitioner under this subsection (h), in addition
to the requirements provided under paragraph (4) of
subsection (d) of this Section, shall include in his or her
petition a clear and concise statement that: (A) he or she
was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under

HB3908 - 40 - LRB101 14528 RLC 63425 b
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled to
immediate sealing under this subsection (h). A petitioner
is eligible for immediate relief under this subsection (h)
if he or she shows, by a preponderance of the evidence,
that: (A) he or she was a victim of human trafficking at
the time of the offense; and (B) that his or her
participation in the offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of 2012
or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Department of State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25, 2019

HB3908 - 41 - LRB101 14528 RLC 63425 b
(the effective date of Public Act 101-27) this
amendatory Act of the 101st General Assembly if:
(i) One year or more has elapsed since the date
of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged pursuant to the
procedures set forth in subdivision (d)(9)(A) under
the following timelines:
(i) Records created prior to June 25, 2019 (the
effective date of Public Act 101-27) this
amendatory Act of the 101st General Assembly, but
on or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000

HB3908 - 42 - LRB101 14528 RLC 63425 b
shall be automatically expunged prior to January
1, 2025.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27) this amendatory Act of the 101st
General Assembly, the Department of State Police shall
review all criminal history record information and
identify all records that meet all of the following
criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with an arrest,
conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of
the Rights of Crime Victims and Witnesses Act.

HB3908 - 43 - LRB101 14528 RLC 63425 b
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27) this amendatory
Act of the 101st General Assembly, the Department of
State Police shall notify the Prisoner Review Board of
all such records that meet the criteria established in
paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon

HB3908 - 44 - LRB101 14528 RLC 63425 b
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with the
Chief Judge of the circuit or any judge of the circuit
designated by the Chief Judge where the individual had
been convicted. Such petition may include more than one
individual. Whenever an individual who has been
convicted of an offense is granted a pardon by the
Governor that specifically authorizes expungement, an
objection to the petition may not be filed. Petitions
to expunge under this subsection (i) may include more
than one individual. Within 90 days of the filing of
such a petition, the court shall enter an order
expunging the records of arrest from the official
records of the arresting authority and order that the
records of the circuit court clerk and the Department
of State Police be expunged and the name of the
defendant obliterated from the official index
requested to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act in connection
with the arrest and conviction for the offense for
which the individual had received a pardon but the

HB3908 - 45 - LRB101 14528 RLC 63425 b
order shall not affect any index issued by the circuit
court clerk before the entry of the order. Upon entry
of the order of expungement, the circuit court clerk
shall promptly provide a copy of the order to the
individual who was pardoned to the individual's last
known address or otherwise make available to the
individual upon request.
(D) Nothing in this Section is intended to diminish
or abrogate any rights or remedies otherwise available
to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis Control
Act. Motions to vacate and expunge under this subsection
(i) may be filed with the circuit court, Chief Judge of a
judicial circuit or any judge of the circuit designated by
the Chief Judge. When considering such a motion to vacate
and expunge, a court shall consider the following: the
reasons to retain the records provided by law enforcement,
the petitioner's age, the petitioner's age at the time of
offense, the time since the conviction, and the specific
adverse consequences if denied. An individual may file such
a petition after the completion of any sentence or
condition imposed by the conviction. Within 60 days of the
filing of such motion, a State's Attorney may file an
objection to such a petition along with supporting

HB3908 - 46 - LRB101 14528 RLC 63425 b
evidence. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief Judge
of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. When considering such a motion to vacate
and expunge, a court shall consider the following: the
reasons to retain the records provided by law enforcement,
the individual's age, the individual's age at the time of
offense, the time since the conviction, and the specific
adverse consequences if denied. If the State's Attorney
files a motion to vacate and expunge records for Minor
Cannabis Offenses pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30

HB3908 - 47 - LRB101 14528 RLC 63425 b
days of such filing. If a motion to vacate and expunge is
granted, the records shall be expunged in accordance with
subparagraph (d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) this amendatory
Act of the 101st General Assembly and the person's case is
still pending but a sentence has not been imposed, the
person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of his
or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) this
amendatory Act of the 101st General Assembly for an offense
that has been made eligible for expungement; (B) the case
is pending at the time; and (C) the person has not been
sentenced of the minor cannabis violation eligible for
expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the

HB3908 - 48 - LRB101 14528 RLC 63425 b
petitioner's age at the time of offense, the time since the
conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Department of State Police shall allow a person
to use the access and review process, established in the
Department of State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the Cannabis
Control Act eligible under this Section have been expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(11) Information. The Department of State Police shall
post general information on its website about the
expungement process described in this subsection (i).
(j) Convictions for Driving under a Suspended License for

HB3908 - 49 - LRB101 14528 RLC 63425 b
Failure to Pay Support or to Comply with a Visitation Order.
(1) Expungement of Arrest Records for Driving under a
Suspended License for Failure to Pay Support or to Comply
with a Visitation Order.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest or charge not initiated by arrest for a
violation of Section 6-303 of the Illinois Vehicle Code
(driving under a suspended license for failure to pay
support or to comply with a visitation order as
provided in Section 7-702 of the Illinois Vehicle Code)
committed prior to January 1, 2019 (the effective date
of Public Act 100-1004) if:
(i) one year or more has elapsed since the date
of the arrest or law enforcement interaction
documented in the records; and
(ii) no criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in subparagraph
(A), records that satisfy condition (i) in
subparagraph (A) shall be automatically expunged.

HB3908 - 50 - LRB101 14528 RLC 63425 b
(C) Records shall be expunged under the procedures
set forth in subdivision (d)(9)(A) under the following
timelines: (i) Records created prior to the effective
date of this amendatory Act of the 101st General
Assembly, but on or after January 1, 2013, shall be
automatically expunged prior to January 1, 2021; (ii)
Records created prior to January 1, 2013, but on or
after January 1, 2000, shall be automatically expunged
prior to January 1, 2023; (iii) Records created prior
to January 1, 2000 shall be automatically expunged
prior to January 1, 2025.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement for Driving under
a Suspended License for Failure to Pay Support or to Comply
with a Visitation Order.
(A) Upon the effective date of this amendatory Act
of the 101st General Assembly, the Illinois State
Police shall review all criminal history record
information and identify all records that meet all of
the following criteria:
(i) one or more convictions for a violation of

HB3908 - 51 - LRB101 14528 RLC 63425 b
Section 6-303 of the Illinois Vehicle Code
(driving under a suspended license for failure to
pay support or to comply with a visitation order as
provided in Section 7-702 of the Illinois Vehicle
Code); and
(ii) the conviction identified in subdivision
(2)(A)(i) is not associated with an arrest,
conviction, or other disposition for a violent
crime as defined in subsection (c) of Section 3 of
the Rights of Crime Victims and Witnesses Act.
(B) Within 180 days after the effective date of
this amendatory Act of the 101st General Assembly, the
Illinois State Police shall notify the Prisoner Review
Board of all such records that meet the criteria
established in subparagraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
subparagraph (2)(A) that is classified as a
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in subparagraph (2)(A). Such
an objection must be filed within 60 days or by
such later date set by Prisoner Review Board in the
notice after the State's Attorney received notice

HB3908 - 52 - LRB101 14528 RLC 63425 b
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Illinois State Police as
described in subparagraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with the
Chief Judge of the circuit or any judge of the circuit
designated by the Chief Judge where the individual had
been convicted. The petition may include more than one
individual. Whenever an individual who has been
convicted of an offense is granted a pardon by the
Governor that specifically authorizes expungement, an
objection to the petition may not be filed. Petitions
to expunge under this subsection (j) may include more
than one individual. Within 90 days of the filing of
such a petition, the court shall enter an order

HB3908 - 53 - LRB101 14528 RLC 63425 b
expunging the records of arrest from the official
records of the arresting authority and order that the
records of the circuit court clerk and the Illinois
State Police be expunged and the name of the defendant
obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and
conviction for the offense for which the individual had
received a pardon but the order shall not affect any
index issued by the circuit court clerk before the
entry of the order. Upon entry of the order of
expungement, the circuit court clerk shall promptly
provide a copy of the order to the individual who was
pardoned to the individual's last known address or
otherwise make available to the individual upon
request.
(D) Nothing in this Section is intended to diminish
or abrogate any rights or remedies otherwise available
to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or felony violation
of Section 6-303 of the Illinois Vehicle Code for failure
to pay support or to comply with a visitation order as
provided in Section 7-702 of that Code. Motions to vacate
and expunge under this subsection (j) may be filed with the
circuit court, Chief Judge of a judicial circuit or any

HB3908 - 54 - LRB101 14528 RLC 63425 b
judge of the circuit designated by the Chief Judge. When
considering such a motion to vacate and expunge, a court
shall consider the following: the reasons to retain the
records provided by law enforcement, the petitioner's age,
the petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. An individual may file such a petition after the
completion of any sentence or condition imposed by the
conviction. Within 60 days of the filing of such motion, a
State's Attorney may file an objection to such a petition
along with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A). An agency
providing civil legal aid, as defined in Section 15 of the
Public Interest Attorney Assistance Act, assisting
individuals seeking to file a motion to vacate and expunge
under this subsection may file a motion to vacate and
expunge with the Chief Judge of a judicial circuit or any
judge of the circuit designated by the Chief Judge, and the
motion may include more than one individual.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or felony
violation of Section 6-303 of the Illinois Vehicle Code for
failure to pay support or to comply with a visitation order
as provided in Section 7-702 of that Code. Motions to
vacate and expunge under this subsection (j) may be filed

HB3908 - 55 - LRB101 14528 RLC 63425 b
with the circuit court, Chief Judge of a judicial circuit
or any judge of the circuit designated by the Chief Judge,
and may include more than one individual. When considering
such a motion to vacate and expunge, a court shall consider
the following: the reasons to retain the records provided
by law enforcement, the individual's age, the individual's
age at the time of offense, the time since the conviction,
and the specific adverse consequences if denied. If the
State's Attorney files a motion under this Section to
vacate and expunge records for a violation of Section 6-303
of the Illinois Vehicle Code for failure to pay support or
to comply with a visitation order as provided in Section
7-702 of that Code, the State's Attorney shall notify the
Prisoner Review Board within 30 days of such filing. If a
motion to vacate and expunge is granted, the records shall
be expunged in accordance with subparagraph (d)(9)(A).
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
under this Section in the circuit court with jurisdiction
over the underlying conviction.
(6) If a person is arrested for a violation of Section
6-303 of the Illinois Vehicle Code for failure to pay
support or to comply with a visitation order as provided in
Section 7-702 of that Code before the effective date of
this amendatory Act of the 101st General Assembly and the
person's case is still pending but a sentence has not been

HB3908 - 56 - LRB101 14528 RLC 63425 b
imposed, the person may petition the court in which the
charges are pending for an order to summarily dismiss those
charges against him or her, and expunge all official
records of his or her arrest, plea, trial, conviction,
incarceration, supervision, or expungement. If the court
determines, upon review, that: (A) the person was arrested
before the effective date of this amendatory Act of the
101st General Assembly for an offense that has been made
eligible for expungement; (B) the case is pending at the
time; and (C) the person has not been sentenced for a
violation of Section 6-303 of the Illinois Vehicle Code for
failure to pay support or to comply with a visitation order
as provided in Section 7-702 of that Code eligible for
expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since the
conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A).
(7) A person imprisoned solely as a result of one or
more convictions for a violation of Section 6-303 of the
Illinois Vehicle Code for failure to pay support or to
comply with a visitation order as provided in Section 7-702
of that Code under this subsection (j) shall be released

HB3908 - 57 - LRB101 14528 RLC 63425 b
from incarceration upon the issuance of an order under this
subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to violations of Section 6-303 of the
Illinois Vehicle Code for failure to pay support or to
comply with a visitation order as provided in Section 7-702
of that Code eligible under this Section have been
expunged.
(9) No conviction vacated under this Section shall
serve as the basis for damages for time unjustly served as
provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; revised 9-25-19.)