House bill would eliminate expungement fee for Illinoisans wrongfully arrested, convicted

House bill would eliminate expungement fee for Illinoisans wrongfully arrested, convicted

Illinois state Rep. Maurice West’s bill amending the Criminal Identification Act passed the House Criminal subcommittee 12-7 on Feb 15. The bill waives the fee to have arrest records expunged or sealed for those wrongly arrested, charged or convicted of a crime.

House Bill 2367 removes the financial burden for Illinoisans pinned with crimes they did not commit and is now on the General Assembly calendar for debate.

West’s bill is modeled after a pilot program Cook County has run since 2017. The program waived the $120 in county fees for expunging or sealing records in cases where the defendant was found not guilty.

Cook County Sheriff Tom Dart advocated for the program, citing that nearly 20% of arrestees in Cook County Jail eventually have charges dropped or are found not guilty.

Dart calls the fee “a criminal justice tax directed at the poor and vulnerable in our society” because it penalizes people for actions they didn’t commit.

The program has received bipartisan support, passing unanimously through both chambers in 2019 when it was extended.

Even for those who’ve done nothing wrong, records can have a damaging effect on opportunities for housing, education and employment. Prior to the program, people wrongfully arrested, charged or convicted of a crime had to pay to clear their names.

“We’re giving people an opportunity to restore their name and a better shot at obtaining long-term stability in the form of employment or a better housing situation,” Dart said.

Fees can be even higher in other counties, from $126 in Winnebago County to at least $232 in Kane County. Virtually all employers require background checks in the hiring process, and even a short criminal history can be a lifelong hurdle in finding a job for those proven innocent.

HB 2367’s first reading in the General Assembly is scheduled for Feb. 17.