IL SB1266

Allows any person, regardless of custody or immigration status, to file a petition to vacate a conviction or sentence if the conviction is legally invalid due to prejudicial error affecting their ability to understand immigration consequences, or if newly discovered evidence of actual innocence exists

Removes the previous 2-year time limitation for filing motions to vacate convictions where courts failed to advise defendants about potential immigration consequences (deportation, exclusion, or denial of naturalization)

Requires courts to schedule hearings within 90 days of petition filing, or within 45 days if the petitioner is in ICE custody or faces imminent removal from the United States

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

Applies retroactively to all convictions and sentences entered before, on, or after the effective date, including orders or judgments based on guilty or nolo contendere pleas with potential federal immigration consequences