HB6328 Summary

• Amends the Criminal Identification Act to allow petitioners with prior criminal convictions to petition for expungement of arrest records under specific circumstances, with State's Attorney able to object based on relevant information beyond the arrest fact.

• Establishes automatic expungement by Department of State Police for juveniles arrested before age 18 for eligible offenses with no subsequent arrests for 6 months, and allows petitions for expungement of older juvenile records meeting eligibility requirements.

• Eliminates filing fees for expungement/sealing petitions in counties with 3 million or more inhabitants when records involve arrests without charges or charges resulting in acquittal, dismissal, or reversed convictions (pilot program through January 1, 2018).

• Requires courts to inform juveniles of expungement rights at sentencing or dismissal and mandates circuit court clerks in large counties send expungement notification postcards to minors upon reaching age 18 or 21.

• Clarifies procedures for sealing versus expunging records, including specific waiting periods (2-5 years after sentence termination) and allows early sealing for individuals who earn educational credentials during incarceration.