IL HB3549

Allows any person to petition to vacate a criminal conviction or sentence, regardless of custody or immigration status, if the conviction resulted from prejudicial error affecting their ability to understand immigration consequences, or if newly discovered evidence of actual innocence exists

Eliminates time limitations for filing petitions to vacate convictions with immigration consequences; individuals previously barred by deadlines may now pursue relief under this provision

Requires courts to hold hearings on petitions within 90 days (or 45 days if petitioner is in ICE custody or faces imminent removal), with the State having 30 days to file an objection

Creates a presumption of legal invalidity for convictions where defendants pleaded guilty under statutes promising case dismissal upon completion of requirements, if the disposition has been or could be used for adverse immigration consequences

Applies retroactively to convictions and sentences entered before, on, or after the effective date, and amends the Code of Civil Procedure to confirm relief for guilty/nolo contendere pleas with federal immigration consequences applies to all past judgments