This past June, Governor Quinn quietly signed legislation clarifying an ambiguity in the Illinois sealing statute. 20 ILCS 2630/5.2. The changes made to the statute includes fixing a loophole in Section 5/2(c)(2) which lists the offenses that may qualify for sealing.
Note the following changes: Section 5/2(c)(2)(C) now provides “Arrests or charges not initiated by arrest resulting in orders of supervision, including orders of supervision for municipal ordinance violations, successfully completed by the petitioner, unless excluded …. Section 5/2(c)(2)(D) now provides “Arrests or charges not initiated by arrest resulting in convictions, including convictions on municipal ordinance violations, unless excluded ….
The new law, Illinois House Bill 5815, will go into effect January 1, 2015. After that date individuals can start filing petitions to seal their criminal records if he or she has been convicted or issued an order of supervision for violation of a municipal ordinance.
What’s the difference between the old statute and the new statute? The new statute is designed to eliminate ambiguity to change an unfair system. Under the old laws, only minor offenses prosecuted by the Office of the State’s Attorney were sealable, but under the new law, minor “ordinance violations” offenses prosecuted by Local Village/City Prosecutor are also sealable.
If you have questions about expunging or sealing your criminal record, contact Laura Law for a free consultation. Also check out our previous blog posts discussing the expungement and sealing process in Illinois: