SB 423

Abstract

Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that if a conviction or sentence has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the defendant was factually innocent of the charge, then the court shall enter an order expunging the record of arrest from the official records of the arresting authority and order that the records of the clerk of the circuit court and Department of State Police be sealed until further order of the court upon good cause shown and the name of the defendant obliterated from the official index kept by the circuit clerk. Amends the State Appellate Defender Act. Provides that the State Appellate Defender shall establish, maintain, and carry out an Expungement Program to provide information and assistance to persons eligible to have their arrest or criminal history record information ordered expunged, sealed, or impounded. Provides that the State Appellate Defender shall develop brochures, pamphlets, and other materials in printed form and through the agency's World Wide Web site that include at a minimum the following information: (1) an explanation of the State's expungement process; (2) the circumstances under which expungements may occur; (3) the criminal offenses that may be expunged; (4) the steps necessary to initiate and complete the expungement process; and (5) directions on how to contact the State Appellate Defender. Provides that the State Appellate Defender shall establish and maintain a statewide toll-free telephone number that a person may use to receive information or assistance concerning the expungement or sealing of arrest or criminal history record information. Provides that the State Appellate Defender shall compile a statewide list of volunteer attorneys willing to assist eligible individuals through the expungement process. Provides that the Program shall be implemented from funds appropriated to the State Appellate Defender for this purpose. Effective immediately.