730 Illinois Compiled Statutes 5/3-3-2

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Full 730 Illinois Compiled Statutes 5/3-3-2

Illinois Compiled Statutes Chapter 730, ACT 5

§ 3-3-2.  Powers and Duties.

(a) The Parole and Pardon Board is abolished and the term “Parole and Pardon Board” as used in any law of Illinois, shall read “Prisoner Review Board.” After the effective date of this amendatory Act of 1977, the Prisoner Review Board shall provide by rule for the orderly transition of all files, records, and documents of the Parole and Pardon Board and for such other steps as may be necessary to effect an orderly transition and shall:

(10) upon a petition by a person who has been convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for sealing:

(A) until 5 years have elapsed since the expiration of his or her sentence;

(B) until 5 years have elapsed since any arrests or detentions by a law enforcement officer for an alleged violation of law, other than a petty offense, traffic offense, conservation offense, or local ordinance offense;

(C) if convicted of a violation of the Cannabis Control Act [720 ILCS 550/1 et seq.], Illinois Controlled Substances Act [720 ILCS 570/101 et seq.], the Methamphetamine Control and Community Protection Act [720 ILCS 646/1 et seq.], the Methamphetamine Precursor Control Act 720 ILCS 648/1 et seq.], or the Methamphetamine Precursor Tracking Act [720 ILCS 649/1 et seq.] unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully;

(D) if convicted of:

(i) a sex offense described in Article 11 or Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 [720 ILCS 5/12-13 (Renumbered as 720 ILCS 5/11-1.20), 720 ILCS 5/12-14 (Renumbered as 720 ILCS 5/11-1.30), 720 ILCS 5/12-14.1 (Renumbered as 720 ILCS 5/11-1.40), 720 ILCS 5/12-15 (Renumbered as 720 ILCS 5/11-1.50), or 720 ILCS 5/12-16 (Renumbered as 720 ILCS 5/11-1.60)] or the Criminal Code of 2012;

(ii) aggravated assault;

(iii) aggravated battery;

(iv) domestic battery;

(v) aggravated domestic battery;

(vi) violation of an order of protection;

(vii) an offense under the Criminal Code of 1961 or the Criminal Code of 2012 involving a firearm;

(viii) driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof;

(ix) aggravated driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof; or

(x) any crime defined as a crime of violence under Section 2 of the Crime Victims Compensation Act [740 ILCS 45/2]. If a person has applied to the Board for a certificate of eligibility for sealing and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for pardon from the Governor unless the Chairman of the Prisoner Review Board grants a waiver.

The decision to issue or refrain from issuing a certificate of eligibility for sealing shall be at the Board’s sole discretion, and shall not give rise to any cause of action against either the Board or its members.

The Board may only authorize the sealing of Class 3 and 4 felony convictions of the petitioner from one information or indictment under this paragraph (10). A petitioner may only receive one certificate of eligibility for sealing under this provision for life; and

Effective June 1, 2019.