The Illinois Expungement/Sealing Statute

1
The Illinois Expungement/Sealing Statute

• Section 5 of the Criminal Identification Act, 20
  ILCS 2630/5

2
Basic Readability Statistics

• 4,265 Words
• 70 Sentences
• 21 Paragraphs

Average of 61 words per sentence Average of 3.3
sentences per paragraph
3
Top 5 Longest Sentences

• 1.) 242 words
• 2.) 209 words
• 3.) 195 words
• 4.) 182 words
• 5.) 181 words

Gettysburg Address 265 words

• Runners-up
• 1st) 174 words
• 2d) 159 (2) words
• 3d) 138 words

4
Use of Passive Voice

• Guidelines
• Popular fiction is usually under 5.
• Good Technical writing can be as high as 30.

Passive Sentences make up 55 of the statute.
5
Flesch Reading Ease (0 to 100)

• Guidelines (100 easiest to read)
• Based on the average number of syllables per
  word and the average number of words per
  sentence.
• Standard writing averages scores of 60 to 70.
• Effective January 1, 2005, Agricultural
  production contracts should have a score of
  greater or equal to 50.
• Illinois Public Act 93-522 (ironically the act
  itself only scores a 35.4)

6
Flesch Reading Ease (cont)

• Document Score(s)
• Chicago Tribune
• Sports Illustrated60-70
• Wall Street Journal 43
• 20 ILCS 2630/5 ..16.1
• Home Equity Loan contract.12.7
• Auto Insurance contract...12.3

7
Flesch-Kincaid Grade Level

• Guidelines (U.S. grade-school level)
• Based on the average number of syllables per word
  and the average number of words per sentence.
• A score of 12.0 means a high school senior would
  understand the document.
• Standard non-fiction writing 7-8 grades.
• Most people are comfortable reading about two
  grades below the highest level of education they
  have completed.

8
Flesch-Kincaid Grade Level

• Occupation est. Grade
  Level
• Neurologist24
• Astrophysicist21
• Criminal Justice Ph.D....21
• Attorney (with LL.M.)...20

Illinois Expungement Statute Flesch-Kincaid
Grade Level 27.4
9
Notwithstanding any other provision of this Act
to the contrary and cumulative with any rights to
expungement of criminal records, whenever an
adult or minor prosecuted as an adult charged
with a violation of a municipal ordinance or a
misdemeanor is acquitted or released without
being convicted, or if the person is convicted
but the conviction is reversed, or if the person
has been placed on supervision for a misdemeanor
and has not been convicted of a felony or
misdemeanor or placed on supervision for a
misdemeanor within 3 years after the acquittal or
release or reversal of conviction, or the
completion of the terms and conditions of the
supervision, if the acquittal, release, finding
of not guilty, or reversal of conviction occurred
on or after the effective date of this amendatory
Act of the 93rd General Assembly, the Chief Judge
of the circuit in which the charge was brought
may have the official records of the arresting
authority, the Department, and the clerk of the
circuit court sealed 3 years after the dismissal
of the charge, the finding of not guilty, the
reversal of conviction, or the completion of the
terms and conditions of the supervision, except
those records are subject to inspection and use
by the court for the purposes of subsequent
sentencing for misdemeanor and felony violations
and inspection and use by law enforcement
agencies and State's Attorneys or other
prosecutors in carrying out the duties of their
offices. - 20 ILCS 2630/5(h)(1)