HB 2881

Abstract

Amends the Civil Practice Law of the Code of Civil Procedure. Provides that if a person is released from prison after his or her judgment of conviction was reversed or vacated, and the indictment or information dismissed or, if a new trial was ordered, either he or she was found not guilty at the new trial or he or she was not retried and the indictment or information dismissed; or the statute, or application thereof, on which the indictment or information was based was unconstitutional; the court shall sua sponte enter a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated. Provides that a certificate issued under the new provisions shall be provided to an eligible person upon release from prison, or shall be made available for pickup from the clerk of the circuit court. Provides that upon entry of the certificate: (1) the clerk of the court shall transmit a copy of the certificate to the clerk of the Court of Claims; and (2) the court shall enter an order expunging or sealing the record of arrest and directing that the records of the clerk of the circuit court and Department of State Police be sealed, and that the name of the defendant be obliterated from the official index requested to be kept by the circuit court clerk in connection with the arrest and conviction for the offense, but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Provides that nothing in the new provisions may be construed as preventing a person from filing a petition under the Section allowing a person to file a petition for a certificate of innocence. Makes corresponding changes.