Public Act 098-0133 Summary

• Amends the Criminal Identification Act to establish comprehensive procedures for expungement and sealing of criminal records, including definitions and eligibility requirements for adults and minors prosecuted as adults.

• Creates automatic expungement eligibility for arrests resulting in acquittal, dismissal, release without charging, or reversal/vacation of conviction with no waiting period; establishes 2-5 year waiting periods for successful completion of supervision or probation depending on offense type.

• Permits sealing of eligible records including arrests released without charging, acquittals, dismissals, convictions, and specific felony drug and theft convictions; establishes 3-4 year waiting periods after sentence termination based on prior criminal history.

• Prohibits sealing or expungement of records for sexual offenses against minors, DUI/DWI violations (with limited exceptions), violent crimes, animal abuse, and sex offender registration offenses; requires drug testing for certain petitions.

• Establishes procedure requiring verified petition filed with circuit court clerk, service on State's Attorney and law enforcement, 60-day objection period, and judicial review; mandates expungement within 60 days of order unless motion to reconsider is filed.

• Amends Unified Code of Corrections and Code of Civil Procedure to ensure courts enter expungement orders for factually innocent defendants regardless of prior convictions and to allow expungement based on certificates of innocence and newly discovered evidence of actual innocence.