Collins expands access to expungement, sealing of records

SPRINGFIELD – State Senator Jacqueline Y. Collins (D-Chicago 16th) secured Senate passage of legislation that expands and eases access to the legal process for the expungement and sealing of criminal records – a major hurdle for individuals seeking to gain employment and move on with their lives after an encounter with the criminal justice system. The measure lifts a ban on expungement petitions by people with prior but unrelated criminal records, eliminates all fees for juveniles applying for expungements and waives fees for individuals in Cook County who were wrongfully arrested or convicted and now seek expungement.

“For the sake of justice, we must end this practice of charging individuals money to clear their names and move on with their lives when our criminal justice system has concluded they did not commit the crime for which they were arrested,” Collins said. “Illinois is suffering from a shortfall in revenue, but if our solution involves picking the pockets of the poor and wrongly accused, we have more than a fiscal problem; we have a moral problem.”

The fee to petition for expungement in Cook County is $120. Collins hopes to expand her pilot program to Illinois’ other counties, where fees can be as high as $400. House Bill 6328, which Collins worked with Representative Art Turner and Cook County Sheriff Tom Dart to craft, would waive fees for juvenile expungement requests statewide. There would be no fee for adults petitioning in Cook County when the individual was arrested but then released without being charged, the charges were dropped or a criminal conviction was reversed. According to Sheriff Dart, 19 percent of those detained in the Cook County Jail at any given time are released after the charges against them are dropped. Finally, the legislation allows individuals to petition for expungement of a new arrest or charge, even if they already had a criminal record.

“These reforms speak to the fundamentals of our justice system, which is based on evidence, not assumptions,” Collins said. “Limiting access to those with no prior record is a policy based on stereotypes and fear, not facts. We must reject laws that create a population assumed to be a criminal class – chained to their past arrest records, always under suspicion and perpetually poor.”

HB 6328 has cleared both chambers and now goes to the governor’s desk.

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