97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2841

 

Introduced 2/22/2011___________, by

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5  from Ch. 38, par. 206-5
705 ILCS 405/5-301
705 ILCS 405/5-305
705 ILCS 405/5-915
730 ILCS 5/5-9-1.17
705 ILCS 405/5-622 rep.
775 ILCS 5/2-103  from Ch. 68, par. 2-103

    Amends the Criminal Identification Act. Eliminates the provision that policing bodies must submit fingerprint and descriptions of minors 10 and older who are arrested on charges that are classified as felonies and Class A and Class B misdemeanors. Provides that such information shall be submitted if the person is over the age of 18. Amends the Juvenile Court Act of 1987. Provides for the automatic expungement of law enforcement records of a minor who has been arrested if: (1) the minor had been arrested but no delinquency petition was filed with the clerk of the circuit court; (2) the minor has attained the age of 18; and (3) since the date of the minor's most recent arrest, at least 2 years have elapsed without an additional arrest. Provides for expungement of minor's law enforcement records in other cases. Repeals provision relating to expungement review by the Court. Amends the Unified Code of Corrections. Increases from $10 to $15 the additional fine imposed for expungement of juvenile records. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to use records expunged under the Juvenile Courts Act of 1987 as a basis to make employment decisions.


LRB097 08029 RLC 48151 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2841LRB097 08029 RLC 48151 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5 as follows:
 
6    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
7    Sec. 5. Arrest reports. All policing bodies of this State
8shall furnish to the Department, daily, in the form and detail
9the Department requires, fingerprints and descriptions of all
10persons over the age of 18 who are arrested on charges of
11violating any penal statute of this State for offenses that are
12classified as felonies and Class A or B misdemeanors and of all
13minors of the age of 10 and over who have been arrested for an
14offense which would be a felony if committed by an adult, and
15may forward such fingerprints and descriptions for minors
16arrested for Class A or B misdemeanors. Moving or nonmoving
17traffic violations under the Illinois Vehicle Code shall not be
18reported except for violations of Chapter 4, Section 11-204.1,
19or Section 11-501 of that Code. In addition, conservation
20offenses, as defined in the Supreme Court Rule 501(c), that are
21classified as Class B misdemeanors shall not be reported. Those
22law enforcement records maintained by the Department for minors
23arrested for an offense prior to their 18th 17th birthday, or

 

 

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1minors arrested for a non-felony offense, if committed by an
2adult, prior to their 18th birthday, shall not be forwarded to
3the Federal Bureau of Investigation unless those records relate
4to an arrest in which a minor was charged as an adult under any
5of the transfer provisions of the Juvenile Court Act of 1987.
6(Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09;
796-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff.
87-2-10.)
 
9    Section 10. The Juvenile Court Act of 1987 is amended by
10changing Sections 5-301, 5-305, and 5-915 as follows:
 
11    (705 ILCS 405/5-301)
12    Sec. 5-301. Station adjustments. A minor arrested for any
13offense or a violation of a condition of previous station
14adjustment may receive a station adjustment for that arrest as
15provided herein. In deciding whether to impose a station
16adjustment, either informal or formal, a juvenile police
17officer shall consider the following factors:
18    (A) The seriousness of the alleged offense.
19    (B) The prior history of delinquency of the minor.
20    (C) The age of the minor.
21    (D) The culpability of the minor in committing the alleged
22offense.
23    (E) Whether the offense was committed in an aggressive or
24premeditated manner.

 

 

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1    (F) Whether the minor used or possessed a deadly weapon
2when committing the alleged offenses.
3    (1) Informal station adjustment.
4        (a) An informal station adjustment is defined as a
5    procedure when a juvenile police officer determines that
6    there is probable cause to believe that the minor has
7    committed an offense.
8        (b) A minor shall receive no more than 3 informal
9    station adjustments statewide for a misdemeanor offense
10    within 3 years without prior approval from the State's
11    Attorney's Office.
12        (c) A minor shall receive no more than 3 informal
13    station adjustments statewide for a felony offense within 3
14    years without prior approval from the State's Attorney's
15    Office.
16        (d) A minor shall receive a combined total of no more
17    than 5 informal station adjustments statewide during his or
18    her minority.
19        (e) The juvenile police officer may make reasonable
20    conditions of an informal station adjustment which may
21    include but are not limited to:
22            (i) Curfew.
23            (ii) Conditions restricting entry into designated
24        geographical areas.
25            (iii) No contact with specified persons.
26            (iv) School attendance.

 

 

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1            (v) Performing up to 25 hours of community service
2        work.
3            (vi) Community mediation.
4            (vii) Teen court or a peer court.
5            (viii) Restitution limited to 90 days.
6        (f) If the minor refuses or fails to abide by the
7    conditions of an informal station adjustment, the juvenile
8    police officer may impose a formal station adjustment or
9    refer the matter to the State's Attorney's Office.
10        (g) An informal station adjustment does not constitute
11    an adjudication of delinquency or a criminal conviction.
12    Beginning January 1, 2000, a record shall be maintained
13    with the Department of State Police for informal station
14    adjustments for offenses that would be a felony if
15    committed by an adult, and may be maintained if the offense
16    would be a misdemeanor.
17    (2) Formal station adjustment.
18        (a) A formal station adjustment is defined as a
19    procedure when a juvenile police officer determines that
20    there is probable cause to believe the minor has committed
21    an offense and an admission by the minor of involvement in
22    the offense.
23        (b) The minor and parent, guardian, or legal custodian
24    must agree in writing to the formal station adjustment and
25    must be advised of the consequences of violation of any
26    term of the agreement.

 

 

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1        (c) The minor and parent, guardian or legal custodian
2    shall be provided a copy of the signed agreement of the
3    formal station adjustment. The agreement shall include:
4            (i) The offense which formed the basis of the
5        formal station adjustment.
6            (ii) An acknowledgment that the terms of the formal
7        station adjustment and the consequences for violation
8        have been explained.
9            (iii) An acknowledgment that the formal station
10        adjustments record may be expunged under Section 5-915
11        of this Act.
12            (iv) An acknowledgement that the minor understands
13        that his or her admission of involvement in the offense
14        may be admitted into evidence in future court hearings.
15            (v) A statement that all parties understand the
16        terms and conditions of formal station adjustment and
17        agree to the formal station adjustment process.
18        (d) Conditions of the formal station adjustment may
19    include, but are not be limited to:
20            (i) The time shall not exceed 120 days.
21            (ii) The minor shall not violate any laws.
22            (iii) The juvenile police officer may require the
23        minor to comply with additional conditions for the
24        formal station adjustment which may include but are not
25        limited to:
26                (a) Attending school.

 

 

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1                (b) Abiding by a set curfew.
2                (c) Payment of restitution.
3                (d) Refraining from possessing a firearm or
4            other weapon.
5                (e) Reporting to a police officer at
6            designated times and places, including reporting
7            and verification that the minor is at home at
8            designated hours.
9                (f) Performing up to 25 hours of community
10            service work.
11                (g) Refraining from entering designated
12            geographical areas.
13                (h) Participating in community mediation.
14                (i) Participating in teen court or peer court.
15                (j) Refraining from contact with specified
16            persons.
17        (e) A formal station adjustment does not constitute an
18    adjudication of delinquency or a criminal conviction.
19    Beginning January 1, 2000, a record shall be maintained
20    with the Department of State Police for formal station
21    adjustments.
22        (f) A minor or the minor's parent, guardian, or legal
23    custodian, or both the minor and the minor's parent,
24    guardian, or legal custodian, may refuse a formal station
25    adjustment and have the matter referred for court action or
26    other appropriate action.

 

 

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1        (g) A minor or the minor's parent, guardian, or legal
2    custodian, or both the minor and the minor's parent,
3    guardian, or legal custodian, may within 30 days of the
4    commencement of the formal station adjustment revoke their
5    consent and have the matter referred for court action or
6    other appropriate action. This revocation must be in
7    writing and personally served upon the police officer or
8    his or her supervisor.
9        (h) The admission of the minor as to involvement in the
10    offense shall be admissible at further court hearings as
11    long as the statement would be admissible under the rules
12    of evidence.
13        (i) If the minor violates any term or condition of the
14    formal station adjustment the juvenile police officer
15    shall provide written notice of violation to the minor and
16    the minor's parent, guardian, or legal custodian. After
17    consultation with the minor and the minor's parent,
18    guardian, or legal custodian, the juvenile police officer
19    may take any of the following steps upon violation:
20            (i) Warn the minor of consequences of continued
21        violations and continue the formal station adjustment.
22            (ii) Extend the period of the formal station
23        adjustment up to a total of 180 days.
24            (iii) Extend the hours of community service work up
25        to a total of 40 hours.
26            (iv) Terminate the formal station adjustment

 

 

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1        unsatisfactorily and take no other action.
2            (v) Terminate the formal station adjustment
3        unsatisfactorily and refer the matter to the juvenile
4        court.
5        (j) A minor shall receive no more than 2 formal station
6    adjustments statewide for a felony offense without the
7    State's Attorney's approval within a 3 year period.
8        (k) A minor shall receive no more than 3 formal station
9    adjustments statewide for a misdemeanor offense without
10    the State's Attorney's approval within a 3 year period.
11        (l) The total for formal station adjustments statewide
12    within the period of minority may not exceed 4 without the
13    State's Attorney's approval.
14        (m) If the minor is arrested in a jurisdiction where
15    the minor does not reside, the formal station adjustment
16    may be transferred to the jurisdiction where the minor does
17    reside upon written agreement of that jurisdiction to
18    monitor the formal station adjustment.
19    (3) (Blank). Beginning January 1, 2000, the juvenile police
20officer making a station adjustment shall assure that
21information about any offense which would constitute a felony
22if committed by an adult and may assure that information about
23a misdemeanor is transmitted to the Department of State Police.
24    (4) The total number of station adjustments, both formal
25and informal, shall not exceed 9 without the State's Attorney's
26approval for any minor arrested anywhere in the State.

 

 

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1(Source: P.A. 90-590, eff. 1-1-99.)
 
2    (705 ILCS 405/5-305)
3    Sec. 5-305. Probation adjustment.
4    (1) The court may authorize the probation officer to confer
5in a preliminary conference with a minor who is alleged to have
6committed an offense, his or her parent, guardian or legal
7custodian, the victim, the juvenile police officer, the State's
8Attorney, and other interested persons concerning the
9advisability of filing a petition under Section 5-520, with a
10view to adjusting suitable cases without the filing of a
11petition as provided for in this Article, the probation officer
12should schedule a conference promptly except when the State's
13Attorney insists on court action or when the minor has
14indicated that he or she will demand a judicial hearing and
15will not comply with a probation adjustment.
16    (1-b) In any case of a minor who is in custody, the holding
17of a probation adjustment conference does not operate to
18prolong temporary custody beyond the period permitted by
19Section 5-415.
20    (2) This Section does not authorize any probation officer
21to compel any person to appear at any conference, produce any
22papers, or visit any place.
23    (3) No statement made during a preliminary conference in
24regard to the offense that is the subject of the conference may
25be admitted into evidence at an adjudicatory hearing or at any

 

 

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1proceeding against the minor under the criminal laws of this
2State prior to his or her conviction under those laws.
3    (4) When a probation adjustment is appropriate, the
4probation officer shall promptly formulate a written,
5non-judicial adjustment plan following the initial conference.
6    (5) Non-judicial probation adjustment plans include but
7are not limited to the following:
8        (a) up to 6 months informal supervision within the
9    family;
10        (b) up to 12 months informal supervision with a
11    probation officer involved which may include any
12    conditions of probation provided in Section 5-715;
13        (c) up to 6 months informal supervision with release to
14    a person other than a parent;
15        (d) referral to special educational, counseling, or
16    other rehabilitative social or educational programs;
17        (e) referral to residential treatment programs;
18        (f) participation in a public or community service
19    program or activity; and
20        (g) any other appropriate action with the consent of
21    the minor and a parent.
22    (6) The factors to be considered by the probation officer
23in formulating a non-judicial probation adjustment plan shall
24be the same as those limited in subsection (4) of Section
255-405.
26    (7) Beginning January 1, 2000, the probation officer who

 

 

HB2841- 11 -LRB097 08029 RLC 48151 b

1imposes a probation adjustment plan shall assure that
2information about an offense which would constitute a felony if
3committed by an adult, and may assure that information about a
4misdemeanor offense, is transmitted to the Department of State
5Police.
6(Source: P.A. 92-329, eff. 8-9-01.)
 
7    (705 ILCS 405/5-915)
8    Sec. 5-915. Expungement of juvenile law enforcement and
9court records.
10    (0.05) For purposes of this Section and Section 5-622:
11        "Expunge" means to physically destroy the records and
12    to obliterate the minor's name from any official index or
13    public record, or both. Nothing in this Act shall require
14    the physical destruction of the internal office records,
15    files, or databases maintained by a State's Attorney's
16    Office or other prosecutor.
17        "Law enforcement record" includes but is not limited to
18    records of arrest, station adjustments, fingerprints,
19    probation adjustments, the issuance of a notice to appear,
20    or any other records maintained by a law enforcement agency
21    relating to a minor suspected of committing an offense.
22    (1) (a) Any person may petition the court, at any time, to
23expunge all law enforcement and juvenile court records relating
24to any incidents occurring before the person's 18th birthday.
25The court may order the expungement of law enforcement and

 

 

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1juvenile court records if it finds that expungement would be
2consistent with the public welfare after considering the
3following factors:
4        (i) The type of offense;
5        (ii) The person's age, history of employment, and
6    history of criminal activity;
7        (iii) Adverse consequences that the person may suffer
8    if the law enforcement and juvenile court records are not
9    expunged; and
10        (iv) Whether retention of the records is required for
11    purposes of protection of the public safety.
12    (b) Notwithstanding paragraph (a) of this subsection (1),
13the court shall presume that expungement would be consistent
14with the public welfare if:
15        (i) The minor was arrested and no petition for
16    delinquency was filed with the clerk of the circuit court;
17    or
18        (ii) The minor was charged with an offense and was
19    found not delinquent of that offense.
20    (1) Whenever any person has attained the age of 17 or
21whenever all juvenile court proceedings relating to that person
22have been terminated, whichever is later, the person may
23petition the court to expunge law enforcement records relating
24to incidents occurring before his or her 17th birthday or his
25or her juvenile court records, or both, but only in the
26following circumstances:

 

 

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1        (a) the minor was arrested and no petition for
2    delinquency was filed with the clerk of the circuit court;
3    or
4        (b) the minor was charged with an offense and was found
5    not delinquent of that offense; or
6        (c) the minor was placed under supervision pursuant to
7    Section 5-615, and the order of supervision has since been
8    successfully terminated; or
9        (d) the minor was adjudicated for an offense which
10    would be a Class B misdemeanor, Class C misdemeanor, or a
11    petty or business offense if committed by an adult.
12    (2) All policing bodies of this State maintaining law
13enforcement records pertaining to a minor who has been arrested
14shall automatically expunge those records if:
15    (a) The minor has been arrested but no petition for
16delinquency was filed with the clerk of the circuit court;
17    (b) The minor has attained the age of 18; and
18    (c) Since the date of the minor's most recent arrest, at
19least 2 years have elapsed without an additional arrest. Any
20person may petition the court to expunge all law enforcement
21records relating to any incidents occurring before his or her
2217th birthday which did not result in proceedings in criminal
23court and all juvenile court records with respect to any
24adjudications except those based upon first degree murder and
25sex offenses which would be felonies if committed by an adult,
26if the person for whom expungement is sought has had no

 

 

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1convictions for any crime since his or her 17th birthday and:
2        (a) has attained the age of 21 years; or
3        (b) 5 years have elapsed since all juvenile court
4    proceedings relating to him or her have been terminated or
5    his or her commitment to the Department of Juvenile Justice
6    pursuant to this Act has been terminated;
7whichever is later of (a) or (b). Nothing in this Section 5-915
8precludes a minor from obtaining expungement under Section
95-622.
10    (2.5) If a minor is arrested and no petition for
11delinquency is filed with the clerk of the circuit court as
12provided in paragraph (a) of subsection (1) at the time the
13minor is released from custody, the youth officer, if
14applicable, or other designated person from the arresting
15agency, shall notify verbally and in writing to the minor or
16the minor's parents or guardians that if the State's Attorney
17does not file a petition for delinquency, the minor has a right
18to petition to have his or her law enforcement arrest record
19expunged as provided in subsection (1) when the minor attains
20the age of 17 or when all juvenile court proceedings relating
21to that minor have been terminated and that unless a petition
22to expunge is filed or the minor's law enforcement records are
23automatically expunged pursuant to subsection (2), the minor
24will shall have a law enforcement an arrest record. The youth
25officer, if applicable, or other designated person from the
26arresting agency and shall provide the minor and the minor's

 

 

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1parents or guardians with an expungement information packet,
2written in plain language, including a petition to expunge
3juvenile records obtained from the clerk of the circuit court,
4a sample completed petition, information about the adverse
5consequences of having a law enforcement record, and
6expungement instructions. These instructions shall include
7information informing the minor that (i) the minor may apply to
8have petition fees waived if he or she files a petition
9pursuant to subsection (1), (ii) the minor may file the
10petition on his or her own or with the assistance of an
11attorney, (iii) once the arrest is expunged pursuant to either
12subsection (1) or subsection (2), it shall be treated as if it
13never occurred, and (iv) once the minor obtains an expungement
14pursuant to either subsection (1) or subsection (2), the minor
15shall not be required to disclose that he or she had a law
16enforcement record.
17    (2.6) If a minor is charged with an offense, then upon
18completion of the minor's sentence or upon disposition of the
19charge, whichever is later and is found not delinquent of that
20offense; or if a minor is placed under supervision under
21Section 5-615, and the order of supervision is successfully
22terminated; or if a minor is adjudicated for an offense that
23would be a Class B misdemeanor, a Class C misdemeanor, or a
24business or petty offense if committed by an adult; or if a
25minor has incidents occurring before his or her 17th birthday
26that have not resulted in proceedings in criminal court, or

 

 

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1resulted in proceedings in juvenile court, and the
2adjudications were not based upon first degree murder or sex
3offenses that would be felonies if committed by an adult; then
4at the time of sentencing or dismissal of the case, the judge
5shall inform the delinquent minor of his or her right to
6petition for expungement as provided by law, and the clerk of
7the circuit court shall provide an expungement information
8packet to the delinquent minor, written in plain language,
9including a petition for expungement, a sample of a completed
10petition, information about the adverse consequences of having
11a law enforcement and juvenile court record, and expungement
12instructions. These instructions that shall include
13information informing the minor that (i) the minor may apply to
14have petition fees waived, (ii) the minor may file the petition
15on his or her own or with the assistance of an attorney, (iii)
16once the case is expunged, it shall be treated as if it never
17occurred, and (iv) once the minor obtains an expungement, the
18court shall provide a certified copy of the expungement order,
19and the minor shall not be required to disclose that he or she
20had a juvenile or law enforcement record (i) once the case is
21expunged, it shall be treated as if it never occurred, (ii) he
22or she may apply to have petition fees waived, (iii) once he or
23she obtains an expungement, he or she may not be required to
24disclose that he or she had a juvenile record, and (iv) he or
25she may file the petition on his or her own or with the
26assistance of an attorney. The failure of the judge to inform

 

 

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1the delinquent minor of his or her right to petition for
2expungement as provided by law does not create a substantive
3right, nor is that failure grounds for: (i) a reversal of an
4adjudication of delinquency, (ii) a new trial; or (iii) an
5appeal.
6    (2.7) For counties with a population over 3,000,000, the
7clerk of the circuit court shall send a "Notification of a
8Possible Right to Expungement" post card to the minor at the
9address last received by the clerk of the circuit court on the
10date that the minor attains the age of 17 based on the
11birthdate provided to the court by the minor or his or her
12guardian in cases under paragraph (a) paragraphs (b), (c), and
13(d) of subsection (1); and when the minor attains the age of 21
14based on the birthdate provided to the court by the minor or
15his or her guardian in cases under subsection (2).
16    (2.8) The petition for expungement for subsection (1) may
17include multiple offenses on the same petition and shall be
18substantially in the following form:
19
IN THE CIRCUIT COURT OF ......, ILLINOIS
20
........ JUDICIAL CIRCUIT

 
21IN THE INTEREST OF )    NO.
22                   )
23                   )
24...................)
25(Name of Petitioner)
 

 

 

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1
PETITION TO EXPUNGE JUVENILE RECORDS
2
(705 ILCS 405/5-915 (SUBSECTION 1))
3
(Please prepare a separate petition for each offense)
4Now comes ............., petitioner, and respectfully requests
5that this Honorable Court enter an order expunging all juvenile
6law enforcement and court records of petitioner and in support
7thereof states that: Petitioner has attained the age of 17,
8his/her birth date being ......, or all Juvenile Court
9proceedings terminated as of ......, whichever occurred later.
10Petitioner was arrested on ..... by the ....... Police
11Department for the offense of ......., and:
12(Check One:)
13( ) a. no petition was filed with the Clerk of the Circuit
14Court.
15( ) b. was charged with ...... and was found not delinquent of
16the offense.
17( ) c. a petition was filed and the petition was dismissed
18without a finding of delinquency on .....
19( ) d. on ....... placed under supervision pursuant to Section
205-615 of the Juvenile Court Act of 1987 and such order of
21supervision successfully terminated on ........
22( ) e. was adjudicated for the offense, which would have been a
23Class B misdemeanor, a Class C misdemeanor, or a petty offense
24or business offense if committed by an adult.
25Petitioner .... has .... has not been arrested on charges in

 

 

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1this or any county other than the charges listed above. If
2petitioner has been arrested on additional charges, please list
3the charges below:
4Charge(s): ......
5Arresting Agency or Agencies: ...........
6Disposition/Result: (choose from a. through e., above): .....
7WHEREFORE, the petitioner respectfully requests this Honorable
8Court to (1) order all law enforcement agencies to expunge all
9records of petitioner to this incident, and (2) to order the
10Clerk of the Court to expunge all records concerning the
11petitioner regarding this incident.
 
12
......................
13
Petitioner (Signature)

 
14
..........................
15
Petitioner's Street Address

 
16
.....................
17
City, State, Zip Code

 
18
.............................
19
Petitioner's Telephone Number

 
20Pursuant to the penalties of perjury under the Code of Civil
21Procedure, 735 ILCS 5/1-109, I hereby certify that the

 

 

HB2841- 20 -LRB097 08029 RLC 48151 b

1statements in this petition are true and correct, or on
2information and belief I believe the same to be true.
 
3
......................
4
Petitioner (Signature)
5The Petition for Expungement for subsection (2) shall be
6substantially in the following form:
 
7
IN THE CIRCUIT COURT OF ........, ILLINOIS
8
........ JUDICIAL CIRCUIT

 
9IN THE INTEREST OF )    NO.
10                   )
11                   )
12...................)
13(Name of Petitioner)
 
14
PETITION TO EXPUNGE JUVENILE RECORDS
15
(705 ILCS 405/5-915 (SUBSECTION 1 2 ))
16
( If this is a petition for multiple offenses, please attach an
17
Appendix listing each offense Please prepare a separate
18
petition for each offense )
19Now comes ............, Petitioner petitioner, and
20respectfully requests that this Honorable Court enter an order
21expunging all Juvenile Law Enforcement and Court records of
22Petitioner petitioner and in support thereof states that:

 

 

HB2841- 21 -LRB097 08029 RLC 48151 b

1The incident for which the Petitioner seeks expungement
2occurred before the Petitioner's 18th 17th birthday. and did
3not result in proceedings in criminal court and the Petitioner
4has not had any convictions for any crime since his/her 17th
5birthday; and
6The incident for which the Petitioner seeks expungement
7occurred before the Petitioner's 17th birthday and the
8adjudication was not based upon first-degree murder or sex
9offenses which would be felonies if committed by an adult, and
10the Petitioner has not had any convictions for any crime since
11his/her 17th birthday.
 
12Expungement is consistent with the public welfare.
 
13Petitioner was arrested on ...... by the ....... Police
14Department for the offense of ........, and:
15(Check whichever one occurred the latest:)
16( ) a. The Petitioner has attained the age of 21 years, his/her
17birthday being .......; or
18( ) b. 5 years have elapsed since all juvenile court
19proceedings relating to the Petitioner have been terminated; or
20the Petitioner's commitment to the Department of Juvenile
21Justice pursuant to the expungement of juvenile law enforcement
22and court records provisions of the Juvenile Court Act of 1987
23has been terminated. Petitioner ...has ...has not been arrested
24on charges in this or any other county other than the charge

 

 

HB2841- 22 -LRB097 08029 RLC 48151 b

1listed above. If Petitioner petitioner has been arrested on
2additional charges, please list the charges below:
3Charge(s): ..........
4Arresting Agency or Agencies: .......
5Disposition/Result: (choose from a or b, above): ..........
6WHEREFORE, the Petitioner petitioner respectfully requests
7this Honorable Court to (1) to order all law enforcement
8agencies to expunge all records of Petitioner petitioner
9related to this incident, and (2) to order the Clerk of the
10Court to expunge all records concerning the Petitioner
11petitioner regarding this incident.
 
12
.......................
13
Petitioner (Signature)

 
14
......................
15
Petitioner's Street Address

 
16
.....................
17
City, State, Zip Code
18
.............................
19
Petitioner's Telephone Number

 
20Pursuant to the penalties of perjury under the Code of Civil
21Procedure, 735 ILCS 5/1-109, I hereby certify that the
22statements in this petition are true and correct, or on

 

 

HB2841- 23 -LRB097 08029 RLC 48151 b

1information and belief I believe the same to be true.
2
......................
3
Petitioner (Signature)
4    (3) The chief judge of the circuit in which an arrest was
5made or a charge was brought or any judge of that circuit
6designated by the chief judge may, upon verified petition of a
7person who is the subject of an arrest or a juvenile court
8proceeding under subsection (1) or (2) of this Section, order
9the law enforcement records or official court file, or both, to
10be expunged from the official records of the arresting
11authority and , the clerk of the circuit court and the
12Department of State Police. The person whose records are to be
13expunged shall petition the court using the appropriate form
14containing his or her current address and shall promptly notify
15the clerk of the circuit court of any change of address. Notice
16of the petition shall be served upon the State's Attorney or
17prosecutor charged with the duty of prosecuting the offense,
18the Department of State Police, and the arresting agency or
19agencies by the clerk of the circuit court. If an objection is
20filed within 45 days of the notice of the petition, the clerk
21of the circuit court shall set a date for hearing after the 45
22day objection period. At the hearing the court shall hear
23evidence on whether the expungement should or should not be
24granted. Unless the State's Attorney or prosecutor, the
25Department of State Police, or an arresting agency objects to
26the expungement within 45 days of the notice, the court may

 

 

HB2841- 24 -LRB097 08029 RLC 48151 b

1enter an order granting expungement. The person whose records
2are to be expunged shall pay the clerk of the circuit court a
3fee equivalent to the cost associated with expungement of
4records by the clerk and the Department of State Police. The
5clerk shall forward a certified copy of the order to the
6Department of State Police, the appropriate portion of the fee
7to the Department of State Police for processing, and deliver a
8certified copy of the order to the arresting agency.
9    (3.1) The Notice of Expungement shall be in substantially
10the following form:
11
IN THE CIRCUIT COURT OF ....., ILLINOIS
12
.... JUDICIAL CIRCUIT

 
13IN THE INTEREST OF )    NO.
14                   )
15                   )
16...................)
17(Name of Petitioner)
 
18
NOTICE
19TO:  State's Attorney
20TO:  Arresting Agency
21
22................
23................
24

 

 

HB2841- 25 -LRB097 08029 RLC 48151 b

1................
2................
3TO:  Illinois State Police
4
5.....................
6
7.....................
8ATTENTION: Expungement
9You are hereby notified that on ....., at ....., in courtroom
10..., located at ..., before the Honorable ..., Judge, or any
11judge sitting in his/her stead, I shall then and there present
12a Petition to Expunge Juvenile records in the above-entitled
13matter, at which time and place you may appear.
14
......................
15
Petitioner's Signature
16
...........................
17
Petitioner's Street Address
18
.....................
19
City, State, Zip Code
20
.............................
21
Petitioner's Telephone Number
22
PROOF OF SERVICE
23On the ....... day of ......, 20..., I on oath state that I
24served this notice and true and correct copies of the
25above-checked documents by:
26(Check One:)

 

 

HB2841- 26 -LRB097 08029 RLC 48151 b

1delivering copies personally to each entity to whom they are
2directed;
3or
4by mailing copies to each entity to whom they are directed by
5depositing the same in the U.S. Mail, proper postage fully
6prepaid, before the hour of 5:00 p.m., at the United States
7Postal Depository located at .................
8
.........................................
9
10Signature
11
Clerk of the Circuit Court or Deputy Clerk
12Printed Name of Delinquent Minor/Petitioner: ....
13Address: ........................................
14Telephone Number: ...............................
15    (3.2) The Order of Expungement shall be in substantially
16the following form:
17
IN THE CIRCUIT COURT OF ....., ILLINOIS
18
.... JUDICIAL CIRCUIT

 
19IN THE INTEREST OF )    NO.
20                   )
21                   )
22...................)
23(Name of Petitioner)
 
24DOB ................

 

 

HB2841- 27 -LRB097 08029 RLC 48151 b

1Arresting Agency/Agencies ......
2
ORDER OF EXPUNGEMENT
3
(705 ILCS 405/5-915 (SUBSECTION 3))
4This matter having been heard on the petitioner's motion and
5the court being fully advised in the premises does find that
6the petitioner is indigent or has presented reasonable cause to
7waive all costs in this matter, IT IS HEREBY ORDERED that:
8    ( ) 1. Clerk of Court and Department of State Police costs
9are hereby waived in this matter.
10    ( ) 2. The Illinois State Police Bureau of Identification
11and the following law enforcement agencies expunge all records
12of petitioner relating to an arrest dated ...... for the
13offense of ......
14
Law Enforcement Agencies:
15
.........................
16
.........................
17    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
18Court expunge all records regarding the above-captioned case.
19
ENTER: ......................
20
21JUDGE
22DATED: .......
23Name:
24Attorney for:
25Address: City/State/Zip:
26Attorney Number:

 

 

HB2841- 28 -LRB097 08029 RLC 48151 b

1    (3.3) The Notice of Objection shall be in substantially the
2following form:
3
IN THE CIRCUIT COURT OF ....., ILLINOIS
4
....................... JUDICIAL CIRCUIT

 
5IN THE INTEREST OF )    NO.
6                   )
7                   )
8...................)
9(Name of Petitioner)
 
10
NOTICE OF OBJECTION
11TO:(Attorney, Public Defender, Minor)
12.................................
13.................................
14TO:(Illinois State Police)
15.................................
16.................................
17TO:(Clerk of the Court)
18.................................
19.................................
20TO:(Judge)
21.................................
22.................................
23TO:(Arresting Agency/Agencies)
24.................................

 

 

HB2841- 29 -LRB097 08029 RLC 48151 b

1.................................
2ATTENTION: You are hereby notified that an objection has been
3filed by the following entity regarding the above-named minor's
4petition for expungement of juvenile records:
5( ) State's Attorney's Office;
6( ) Prosecutor (other than State's Attorney's Office) charged
7    with the duty of prosecuting the offense sought to be
8    expunged;
9( ) Department of Illinois State Police; or
10( ) Arresting Agency or Agencies.
11The agency checked above respectfully requests that this case
12be continued and set for hearing on whether the expungement
13should or should not be granted.
14DATED: .......
15Name:
16Attorney For:
17Address:
18City/State/Zip:
19Telephone:
20Attorney No.:
21
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
22This matter has been set for hearing on the foregoing
23objection, on ...... in room ...., located at ....., before the
24Honorable ....., Judge, or any judge sitting in his/her stead.
25(Only one hearing shall be set, regardless of the number of
26Notices of Objection received on the same case).

 

 

HB2841- 30 -LRB097 08029 RLC 48151 b

1A copy of this completed Notice of Objection containing the
2court date, time, and location, has been sent via regular U.S.
3Mail to the following entities. (If more than one Notice of
4Objection is received on the same case, each one must be
5completed with the court date, time and location and mailed to
6the following entities):
7( ) Attorney, Public Defender or Minor;
8( ) State's Attorney's Office;
9( ) Prosecutor (other than State's Attorney's Office) charged
10    with the duty of prosecuting the offense sought to be
11    expunged;
12( ) Department of Illinois State Police; and
13( ) Arresting agency or agencies.
14Date: ......
15Initials of Clerk completing this section: .....
16    (4) Upon entry of an order expunging records or files, the
17offense, which the records or files concern shall be treated as
18if it never occurred. Law enforcement officers and other public
19offices and agencies shall properly reply on inquiry that no
20record or file exists with respect to the person. The person
21whose records are expunged shall not have to disclose the fact
22of the records or any matter relating thereto on an application
23for employment, credit, or other type of application.
24    (5) Records which have not been expunged are sealed, and
25may be obtained only under the provisions of Sections 5-901,
265-905 and 5-915.

 

 

HB2841- 31 -LRB097 08029 RLC 48151 b

1    (6) Nothing in this Section shall be construed to prohibit
2the maintenance of information relating to an offense after
3records or files concerning the offense have been expunged if
4the information is kept in a manner that does not enable
5identification of the offender. This information may only be
6used for statistical and bona fide research purposes.
7    (7)(a) The State Appellate Defender shall establish,
8maintain, and carry out, by December 31, 2004, a juvenile
9expungement program to provide information and assistance to
10minors eligible to have their juvenile records expunged.
11    (b) The State Appellate Defender shall develop brochures,
12pamphlets, and other materials in printed form and through the
13agency's World Wide Web site. The pamphlets and other materials
14shall include at a minimum the following information:
15        (i) An explanation of the State's juvenile expungement
16    process;
17        (ii) The circumstances under which juvenile
18    expungement may occur;
19        (iii) The juvenile offenses that may be expunged;
20        (iii) (iv) The steps necessary to initiate and complete
21    the juvenile expungement process; and
22        (iv) (v) Directions on how to contact the State
23    Appellate Defender.
24    (c) The State Appellate Defender shall establish and
25maintain a statewide toll-free telephone number that a person
26may use to receive information or assistance concerning the

 

 

HB2841- 32 -LRB097 08029 RLC 48151 b

1expungement of juvenile records. The State Appellate Defender
2shall advertise the toll-free telephone number statewide. The
3State Appellate Defender shall develop an expungement
4information packet that may be sent to eligible persons seeking
5expungement of their juvenile records, which may include, but
6is not limited to, a pre-printed expungement petition with
7instructions on how to complete the petition and a pamphlet
8containing information that would assist individuals through
9the juvenile expungement process.
10    (d) The State Appellate Defender shall compile a statewide
11list of volunteer attorneys willing to assist eligible
12individuals through the juvenile expungement process.
13    (e) This Section shall be implemented from funds
14appropriated by the General Assembly to the State Appellate
15Defender for this purpose. The State Appellate Defender shall
16employ the necessary staff and adopt the necessary rules for
17implementation of this Section.
18    (8)(a) Except with respect to law enforcement agencies, the
19Department of Corrections, State's Attorneys, or other
20prosecutors, an expunged juvenile record may not be considered
21by any private or public entity in employment matters,
22certification, licensing, revocation of certification or
23licensure, or registration. Applications for employment must
24contain specific language that states that the applicant is not
25obligated to disclose expunged juvenile records of conviction
26or arrest. Employers may not ask if an applicant has had a

 

 

HB2841- 33 -LRB097 08029 RLC 48151 b

1juvenile record expunged. Effective January 1, 2005, the
2Department of Labor shall develop a link on the Department's
3website to inform employers that employers may not ask if an
4applicant had a juvenile record expunged and that application
5for employment must contain specific language that states that
6the applicant is not obligated to disclose expunged juvenile
7records of arrest or conviction.
8    (b) A person whose juvenile records have been expunged is
9not entitled to remission of any fines, costs, or other money
10paid as a consequence of expungement. This amendatory Act of
11the 93rd General Assembly does not affect the right of the
12victim of a crime to prosecute or defend a civil action for
13damages.
14    (c) The expungement of juvenile records under this Section
155-622 shall be funded by the additional fine imposed under
16Section 5-9-1.17 of the Unified Code of Corrections and
17additional appropriations made by the General Assembly for such
18purpose.
19(Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)
 
20    Section 15. The Unified Code of Corrections is amended by
21changing Section 5-9-1.17 as follows:
 
22    (730 ILCS 5/5-9-1.17)
23    Sec. 5-9-1.17. Additional fine to fund expungement of
24juvenile records.

 

 

HB2841- 34 -LRB097 08029 RLC 48151 b

1    (a) There shall be added to every penalty imposed in
2sentencing for a criminal offense an additional fine of $30 to
3be imposed upon a plea of guilty or finding of guilty resulting
4in a judgment of conviction.
5    (b) Fifteen Ten dollars of each such additional fine shall
6be remitted to the State Treasurer for deposit into the State
7Police Services Fund to be used to implement the expungement of
8juvenile records as provided in Section 5-622 of the Juvenile
9Court Act of 1987, $10 shall be paid to the State's Attorney's
10Office that prosecuted the criminal offense, and $15 $10 shall
11be retained by the Circuit Clerk for administrative costs
12associated with the expungement of juvenile records and shall
13be deposited into the Circuit Court Clerk Operation and
14Administrative Fund.
15(Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
16    (705 ILCS 405/5-622 rep.)
17    Section 20. The Juvenile Court Act of 1987 is amended by
18repealing Section 5-622.
 
19    Section 25. The Illinois Human Rights Act is amended by
20changing Section 2-103 as follows:
 
21    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
22    Sec. 2-103. Arrest Record.
23    (A) Unless otherwise authorized by law, it is a civil

 

 

HB2841- 35 -LRB097 08029 RLC 48151 b

1rights violation for any employer, employment agency or labor
2organization to inquire into or to use the fact of an arrest or
3criminal history record information ordered expunged, sealed
4or impounded under Section 5.2 of the Criminal Identification
5Act or expunged under Section 5-915 of the Juvenile Court Act
6of 1987 as a basis to refuse to hire, to segregate, or to act
7with respect to recruitment, hiring, promotion, renewal of
8employment, selection for training or apprenticeship,
9discharge, discipline, tenure or terms, privileges or
10conditions of employment. This Section does not prohibit a
11State agency, unit of local government or school district, or
12private organization from requesting or utilizing sealed
13felony conviction information obtained from the Department of
14State Police under the provisions of Section 3 of the Criminal
15Identification Act or under other State or federal laws or
16regulations that require criminal background checks in
17evaluating the qualifications and character of an employee or a
18prospective employee.
19    (B) The prohibition against the use of the fact of an
20arrest contained in this Section shall not be construed to
21prohibit an employer, employment agency, or labor organization
22from obtaining or using other information which indicates that
23a person actually engaged in the conduct for which he or she
24was arrested.
25(Source: P.A. 96-409, eff. 1-1-10.)