730 ILCS 5/5-5-4
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

 (from Ch. 38, par. 1005-5-4)Sec. 5-5-4. Resentences.(a) Where a conviction or sentence has been set aside on direct review  or on collateral attack, the court shall not impose a new sentence for the same  offense or for a different offense based on the same conduct which is more  severe than the prior sentence less the portion of the prior sentence  previously satisfied unless the more severe sentence is based upon conduct  on the part of the defendant occurring after the original sentencing.  If a sentence is vacated on appeal or on collateral attack due to the  failure of the trier of fact at trial to determine beyond a reasonable doubt  the existence of a fact (other than a prior conviction) necessary to increase  the  punishment for the offense beyond the statutory maximum otherwise applicable,  either the defendant may be re-sentenced to a term within the range otherwise  provided or, if the State files notice of its intention to again seek the  extended sentence, the defendant shall be afforded a new trial.(b) 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, 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 Illinois State Police be sealed until further order of the court upon good cause shown  or as otherwise provided  herein, and the name of the defendant obliterated from the official index  requested to be kept by the  circuit court clerk under Section 16 of the Clerks of Courts Act 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. The court shall enter the expungement order regardless of whether the defendant has prior criminal convictions.All records sealed by the Illinois State Police may be  disseminated by the Department only as required by law or to the arresting  authority, the State's Attorney, the court upon a later arrest for the same or  similar offense, or for the purpose of sentencing for any subsequent felony.  Upon conviction for any subsequent offense, the Department of Corrections shall  have access to all sealed records of the Department  pertaining to that individual.Upon entry of the order of expungement, the clerk of the circuit court shall  promptly mail a copy of the order to the person whose records were expunged and  sealed.(c)  If a conviction has been vacated as a result of a claim of actual innocence based on newly discovered evidence made under Section 122-1 of the Code of Criminal Procedure of 1963 or  Section 2-1401 of the Code of Civil Procedure, and the provisions of  paragraphs (1)  and (2) of subsection (g) of Section 2-702 of the Code of Civil Procedure are otherwise satisfied, the court shall enter an order for a certificate of innocence and an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.   (Source: P.A. 102-538, eff. 8-20-21.)