(20 ILCS 2630/2.1) (from Ch. 38, par. 206‑2.1)
Sec. 2.1. For the purpose of maintaining complete and accurate criminal records of the Department of State Police, it is necessary for all policing bodies of this State, the clerk of the circuit court, the Illinois Department of Corrections, the sheriff of each county, and State's Attorney of each county to submit certain criminal arrest, charge, and disposition information to the Department for filing at the earliest time possible. Unless otherwise noted herein, it shall be the duty of all policing bodies of this State, the clerk of the circuit court, the Illinois Department of Corrections, the sheriff of each county, and the State's Attorney of each county to report such information as provided in this Section, both in the form and manner required by the Department and within 30 days of the criminal history event. Specifically:
(a) Arrest Information. All agencies making arrests for offenses which are required by statute to be collected, maintained or disseminated by the Department of State Police shall be responsible for furnishing daily to the Department fingerprints, charges and descriptions of all persons who are arrested for such offenses. All such agencies shall also notify the Department of all decisions by the arresting agency not to refer such arrests for prosecution. With approval of the Department, an agency making such arrests may enter into arrangements with other agencies for the purpose of furnishing daily such fingerprints, charges and descriptions to the Department upon its behalf.
(b) Charge Information. The State's Attorney of each county shall notify the Department of all charges filed and all petitions filed alleging that a minor is delinquent, including all those added subsequent to the filing of a case, and whether charges were not filed in cases for which the Department has received information required to be reported pursuant to paragraph (a) of this Section. With approval of the Department, the State's Attorney may enter into arrangements with other agencies for the purpose of furnishing the information required by this subsection (b) to the Department upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit court of each county shall furnish the Department, in the form and manner required by the Supreme Court, with all final dispositions of cases for which the Department has received information required to be reported pursuant to paragraph (a) or (d) of this Section. Such information shall include, for each charge, all (1) judgments of not guilty, judgments of guilty including the sentence pronounced by the court, findings that a minor is delinquent and any sentence made based on those findings, discharges and dismissals in the court; (2) reviewing court orders filed with the clerk of the circuit court which reverse or remand a reported conviction or findings that a minor is delinquent or that vacate or modify a sentence or sentence made following a trial that a minor is delinquent; (3) continuances to a date certain in furtherance of an order of supervision granted under Section 5‑6‑1 of the Unified Code of Corrections or an order of probation granted 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, Section 12‑4.3 of the Criminal Code of 1961, Section 10‑102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act, Section 10 of the Steroid Control Act, or Section 5‑615 of the Juvenile Court Act of 1987; and (4) judgments or court orders terminating or revoking a sentence to or juvenile disposition of probation, supervision or conditional discharge and any resentencing or new court orders entered by a juvenile court relating to the disposition of a minor's case involving delinquency after such revocation.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences a
| minor following a trial in which a minor was found to be delinquent or issues an order of supervision or an order of probation granted 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, Section 12‑4.3 of the Criminal Code of 1961, Section 10‑102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40‑10 of the Alcoholism and Other Drug Abuse and Dependency Act, Section 10 of the Steroid Control Act, or Section 5‑615 of the Juvenile Court Act of 1987 for any offense which is required by statute to be collected, maintained, or disseminated by the Department of State Police, the State's Attorney of each county shall ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted for the same case. The court shall so order the requested fingerprinting, if it determines that any such person has not previously been fingerprinted for the same case. The law enforcement agency shall submit such fingerprints to the Department daily. | |
(2) After the court pronounces sentence or makes a |
| disposition of a case following a finding of delinquency for any offense which is not required by statute to be collected, maintained, or disseminated by the Department of State Police, the prosecuting attorney may ask the court to order a law enforcement agency to fingerprint immediately all persons appearing before the court who have not previously been fingerprinted for the same case. The court may so order the requested fingerprinting, if it determines that any so sentenced person has not previously been fingerprinted for the same case. The law enforcement agency may retain such fingerprints in its files. | |
(e) Corrections Information. The Illinois Department of Corrections and the sheriff of each county shall furnish the Department with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency or discharge of an individual who has been sentenced or committed to the agency's custody for any offenses which are mandated by statute to be collected, maintained or disseminated by the Department of State Police. For an individual who has been charged with any such offense and who escapes from custody or dies while in custody, all information concerning the receipt and escape or death, whichever is appropriate, shall also be so furnished to the Department.
(Source: P.A. 94‑556, eff. 9‑11‑05.) |
(20 ILCS 2630/3) (from Ch. 38, par. 206‑3)
Sec. 3. Information to be furnished peace officers and commanding officers of certain military installations in Illinois.
(A) The Department shall file or cause to be filed all plates, photographs, outline pictures, measurements, descriptions and information which shall be received by it by virtue of its office and shall make a complete and systematic record and index of the same, providing thereby a method of convenient reference and comparison. The Department shall furnish, upon application, all information pertaining to the identification of any person or persons, a plate, photograph, outline picture, description, measurements, or any data of which there is a record in its office. Such information shall be furnished to peace officers of the United States, of other states or territories, of the Insular possessions of the United States, of foreign countries duly authorized to receive the same, to all peace officers of the State of Illinois, to investigators of the Illinois Law Enforcement Training Standards Board and, conviction information only, to units of local government, school districts and private organizations, under the provisions of Section 2605‑10, 2605‑15, 2605‑75, 2605‑100, 2605‑105, 2605‑110, 2605‑115, 2605‑120, 2605‑130, 2605‑140, 2605‑190, 2605‑200, 2605‑205, 2605‑210, 2605‑215, 2605‑250, 2605‑275, 2605‑300, 2605‑305, 2605‑315, 2605‑325, 2605‑335, 2605‑340, 2605‑350, 2605‑355, 2605‑360, 2605‑365, 2605‑375, 2605‑390, 2605‑400, 2605‑405, 2605‑420, 2605‑430, 2605‑435, 2605‑500, 2605‑525, or 2605‑550 of the Department of State Police Law (20 ILCS 2605/2605‑10, 2605/2605‑15, 2605/2605‑75, 2605/2605‑100, 2605/2605‑105, 2605/2605‑110, 2605/2605‑115, 2605/2605‑120, 2605/2605‑130, 2605/2605‑140, 2605/2605‑190, 2605/2605‑200, 2605/2605‑205, 2605/2605‑210, 2605/2605‑215, 2605/2605‑250, 2605/2605‑275, 2605/2605‑300, 2605/2605‑305, 2605/2605‑315, 2605/2605‑325, 2605/2605‑335, 2605/2605‑340, 2605/2605‑350, 2605/2605‑355, 2605/2605‑360, 2605/2605‑365, 2605/2605‑375, 2605/2605‑390, 2605/2605‑400, 2605/2605‑405, 2605/2605‑420, 2605/2605‑430, 2605/2605‑435, 2605/2605‑500, 2605/2605‑525, or 2605/2605‑550). Applications shall be in writing and accompanied by a certificate, signed by the peace officer or chief administrative officer or his designee making such application, to the effect that the information applied for is necessary in the interest of and will be used solely in the due administration of the criminal laws or for the purpose of evaluating the qualifications and character of employees, prospective employees, volunteers, or prospective volunteers of units of local government, school districts, and private organizations, or for the purpose of evaluating the character of persons who may be granted or denied access to municipal utility facilities under Section 11‑117.1‑1 of the Illinois Municipal Code.
For the purposes of this subsection, "chief administrative officer" is defined as follows:
a) The city manager of a city or, if a city does not
| employ a city manager, the mayor of the city. | |
b) The manager of a village or, if a village does |
| not employ a manager, the president of the village. | |
c) The chairman or president of a county board or, |
| if a county has adopted the county executive form of government, the chief executive officer of the county. | |
d) The president of the school board of a school |
| |
e) The supervisor of a township.
f) The official granted general administrative |
| control of a special district, an authority, or organization of government establishment by law which may issue obligations and which either may levy a property tax or may expend funds of the district, authority, or organization independently of any parent unit of government. | |
g) The executive officer granted general |
| administrative control of a private organization defined in Section 2605‑335 of the Department of State Police Law (20 ILCS 2605/2605‑335). | |
(B) Upon written application and payment of fees authorized by this subsection, State agencies and units of local government, not including school districts, are authorized to submit fingerprints of employees, prospective employees and license applicants to the Department for the purpose of obtaining conviction information maintained by the Department and the Federal Bureau of Investigation about such persons. The Department shall submit such fingerprints to the Federal Bureau of Investigation on behalf of such agencies and units of local government. The Department shall charge an application fee, based on actual costs, for the dissemination of conviction information pursuant to this subsection. The Department is empowered to establish this fee and shall prescribe the form and manner for requesting and furnishing conviction information pursuant to this subsection.
(C) Upon payment of fees authorized by this subsection, the Department shall furnish to the commanding officer of a military installation in Illinois having an arms storage facility, upon written request of such commanding officer or his designee, and in the form and manner prescribed by the Department, all criminal history record information pertaining to any individual seeking access to such a storage facility, where such information is sought pursuant to a federally‑mandated security or criminal history check.
The Department shall establish and charge a fee, not to exceed actual costs, for providing information pursuant to this subsection.
(Source: P.A. 94‑480, eff. 1‑1‑06.) |
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and 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),
(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. |
|
(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 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. |
|
(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, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, 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 Alcoholism and Other Drug Abuse and Dependency 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 Alcoholism and Other Drug Abuse and Dependency 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. |
|
(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. |
|
(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. |
|
(3) Exclusions. Except as otherwise provided in |
| subsections (b)(5), (b)(6), and (e) 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. |
|
(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, an order of qualified probation (as defined in subsection (a)(1)(J)), or a conviction for the following offenses: |
|
(i) offenses included in Article 11 of the |
| Criminal Code of 1961 or a similar provision of a local ordinance, except Section 11‑14 of the Criminal Code of 1961 or a similar provision of a local ordinance; |
|
(ii) Section 12‑15, 12‑30, or 26‑5 of the |
| Criminal Code of 1961 or a similar provision of a local ordinance; |
|
(iii) offenses defined as "crimes of |
| violence" in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance; |
|
(iv) offenses which are Class A misdemeanors |
| 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) the sealing of the records of an arrest which |
| results in the petitioner being charged with a felony offense or records of a charge not initiated by arrest for a felony offense, regardless of the disposition, unless: |
|
(i) the charge is amended to a misdemeanor |
| and is otherwise eligible to be sealed pursuant to subsection (c); |
|
(ii) the charge is brought along with another |
| charge as a part of one case and the charge results in acquittal, dismissal, or conviction when the conviction was reversed or vacated, and another charge brought in the same case results in a disposition for a misdemeanor offense that is eligible to be sealed pursuant to subsection (c) or a disposition listed in paragraph (i), (iii) or (iv) of this subsection; |
|
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