Full Text of HB5017 99th General Assembly
HB5017enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-915 as follows:
| 6 | | (705 ILCS 405/5-915)
| 7 | | Sec. 5-915. Expungement of juvenile law enforcement and | 8 | | court records.
| 9 | | (0.05) For purposes of this Section and Section 5-622: | 10 | | "Expunge" means to physically destroy the records and | 11 | | to obliterate the minor's name from any official index or | 12 | | public record, or both. Nothing in this Act shall require | 13 | | the physical destruction of the internal office records, | 14 | | files, or databases maintained by a State's Attorney's | 15 | | Office or other prosecutor. | 16 | | "Law enforcement record" includes but is not limited to | 17 | | records of arrest, station adjustments, fingerprints, | 18 | | probation adjustments, the issuance of a notice to appear, | 19 | | or any other records maintained by a law enforcement agency | 20 | | relating to a minor suspected of committing an offense. | 21 | | (1) Whenever a person has been arrested, charged, or | 22 | | adjudicated delinquent for an incident occurring before his or | 23 | | her 18th birthday that if committed by an adult would be an |
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| 1 | | offense, the
person may petition the court at any time for | 2 | | expungement of law
enforcement records and juvenile court | 3 | | records relating to the incident and upon termination of any | 4 | | person has attained the age of 18 or whenever all juvenile
| 5 | | court proceedings relating to that incident, the court shall | 6 | | order the expungement of all records in the possession of the | 7 | | Department of State Police, the clerk of the circuit court, and | 8 | | law enforcement agencies relating to the incident, that person | 9 | | have been terminated, whichever is
later, the person may | 10 | | petition the court to expunge law enforcement records
relating | 11 | | to incidents occurring before his or her 18th birthday or his | 12 | | or her
juvenile court
records, or both, but only in any of the | 13 | | following circumstances:
| 14 | | (a) the minor was arrested and no petition for | 15 | | delinquency was filed with
the clerk of the circuit court; | 16 | | or | 17 | | (a-5) the minor was charged with an offense and the | 18 | | petition or petitions were dismissed without a finding of | 19 | | delinquency;
| 20 | | (b) the minor was charged with an offense and was found | 21 | | not delinquent of
that offense; or
| 22 | | (c) the minor was placed under supervision pursuant to | 23 | | Section 5-615, and
the order of
supervision has since been | 24 | | successfully terminated; or
| 25 | | (d)
the minor was adjudicated for an offense which | 26 | | would be a Class B
misdemeanor, Class C misdemeanor, or a |
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| 1 | | petty or business offense if committed by an adult.
| 2 | | (1.5) Commencing 180 days after the effective date of this | 3 | | amendatory Act of the 98th General Assembly, the Department of | 4 | | State Police shall automatically expunge, on or before January | 5 | | 1 of each year, a person's law enforcement records which are | 6 | | not subject to subsection (1) relating to incidents occurring | 7 | | before his or her 18th birthday in the Department's possession | 8 | | or control and which contains the final disposition which | 9 | | pertain to the person when arrested as a minor if:
| 10 | | (a) the minor was arrested for an eligible offense and | 11 | | no petition for delinquency was filed with the clerk of the | 12 | | circuit court; and | 13 | | (b) the person attained the age of 18 years during the | 14 | | last calendar year; and | 15 | | (c) since the date of the minor's most recent arrest, | 16 | | at least 6 months have elapsed without an additional | 17 | | arrest, filing of a petition for delinquency whether | 18 | | related or not to a previous arrest, or filing of charges | 19 | | not initiated by arrest. | 20 | | The Department of State Police shall allow a person to use | 21 | | the Access and Review process, established in the Department of | 22 | | State Police, for verifying that his or her law enforcement | 23 | | records relating to incidents occurring before his or her 18th | 24 | | birthday eligible under this subsection have been expunged as | 25 | | provided in this subsection. | 26 | | The Department of State Police shall provide by rule the |
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| 1 | | process for access, review, and automatic expungement. | 2 | | (1.6) Commencing on the effective date of this amendatory | 3 | | Act of the 98th General Assembly, a person whose law | 4 | | enforcement records are not subject to subsection (1) or (1.5) | 5 | | of this Section and who has attained the age of 18 years may | 6 | | use the Access and Review process, established in the | 7 | | Department of State Police, for verifying his or her law | 8 | | enforcement records relating to incidents occurring before his | 9 | | or her 18th birthday in the Department's possession or control | 10 | | which pertain to the person when arrested as a minor, if the | 11 | | incident occurred no earlier than 30 years before the effective | 12 | | date of this amendatory Act of the 98th General Assembly. If | 13 | | the person identifies a law enforcement record of an eligible | 14 | | offense that meets the requirements of this subsection, | 15 | | paragraphs (a) and (c) of subsection (1.5) of this Section, and | 16 | | all juvenile court proceedings related to the person have been | 17 | | terminated, the person may file a Request for Expungement of | 18 | | Juvenile Law Enforcement Records, in the form and manner | 19 | | prescribed by the Department of State Police, with the | 20 | | Department and the Department shall consider expungement of the | 21 | | record as otherwise provided for automatic expungement under | 22 | | subsection (1.5) of this Section. The person shall provide | 23 | | notice and a copy of the Request for Expungement of Juvenile | 24 | | Law Enforcement Records to the arresting agency, prosecutor | 25 | | charged with the prosecution of the minor, or the State's | 26 | | Attorney of the county that prosecuted the minor. The |
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| 1 | | Department of State Police shall provide by rule the process | 2 | | for access, review, and Request for Expungement of Juvenile Law | 3 | | Enforcement Records. | 4 | | (1.7) Nothing in subsections (1.5) and (1.6) of this | 5 | | Section precludes a person from filing a petition under | 6 | | subsection (1) for expungement of records subject to automatic | 7 | | expungement under that subsection (1) or subsection (1.5) or | 8 | | (1.6) of this Section. | 9 | | (1.8) For the purposes of subsections (1.5) and (1.6) of | 10 | | this Section, "eligible offense" means records relating to an | 11 | | arrest or incident occurring before the person's 18th birthday | 12 | | that if committed by an adult is not an offense classified as a | 13 | | Class 2 felony or higher offense, an offense under Article 11 | 14 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or | 15 | | an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 | 16 | | of the Criminal Code of 1961. | 17 | | (2) Any person may petition the court to expunge all law | 18 | | enforcement records
relating to any
incidents occurring before | 19 | | his or her 18th birthday which did not result in
proceedings in | 20 | | criminal court and all juvenile court records with respect to
| 21 | | any adjudications except those based upon first degree
murder | 22 | | and
sex offenses which would be felonies if committed by an | 23 | | adult, if the person
for whom expungement is sought has had no
| 24 | | convictions for any crime since his or her 18th birthday and:
| 25 | | (a) has attained the age of 21 years; or
| 26 | | (b) 5 years have elapsed since all juvenile court |
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| 1 | | proceedings relating to
him or her have been terminated or | 2 | | his or her commitment to the Department of
Juvenile Justice
| 3 | | pursuant to this Act has been terminated;
| 4 | | whichever is later of (a) or (b). Nothing in this Section 5-915 | 5 | | precludes a minor from obtaining expungement under Section | 6 | | 5-622. | 7 | | (2.5) If a minor is arrested and no petition for | 8 | | delinquency is filed with the clerk of the circuit court as | 9 | | provided in paragraph (a) of subsection (1) at the time the | 10 | | minor is released from custody, the youth officer, if | 11 | | applicable, or other designated person from the arresting | 12 | | agency, shall notify verbally and in writing to the minor or | 13 | | the minor's parents or guardians that if the State's Attorney | 14 | | does not file a petition for delinquency, the minor has a right | 15 | | to petition to have his or her arrest record expunged when the | 16 | | minor attains the age of 18 or when all juvenile court | 17 | | proceedings relating to that minor have been terminated and | 18 | | that unless a petition to expunge is filed, the minor shall | 19 | | have an arrest record and shall provide the minor and the | 20 | | minor's parents or guardians with an expungement information | 21 | | packet, including a petition to expunge juvenile records | 22 | | obtained from the clerk of the circuit court. | 23 | | (2.6) If a minor is charged with an offense and is found | 24 | | not delinquent of that offense; or if a minor is placed under | 25 | | supervision under Section 5-615, and the order of supervision | 26 | | is successfully terminated; or if a minor is adjudicated for an |
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| 1 | | offense that would be a Class B misdemeanor, a Class C | 2 | | misdemeanor, or a business or petty offense if committed by an | 3 | | adult; or if a minor has incidents occurring before his or her | 4 | | 18th birthday that have not resulted in proceedings in criminal | 5 | | court, or resulted in proceedings in juvenile court, and the | 6 | | adjudications were not based upon first degree murder or sex | 7 | | offenses that would be felonies if committed by an adult; then | 8 | | at the time of sentencing or dismissal of the case, the judge | 9 | | shall inform the delinquent minor of his or her right to | 10 | | petition for expungement as provided by law, and the clerk of | 11 | | the circuit court shall provide an expungement information | 12 | | packet to the delinquent minor, written in plain language, | 13 | | including a petition for expungement, a sample of a completed | 14 | | petition, expungement instructions that shall include | 15 | | information informing the minor that (i) once the case is | 16 | | expunged, it shall be treated as if it never occurred, (ii) he | 17 | | or she may apply to have petition fees waived, (iii) once he or | 18 | | she obtains an expungement, he or she may not be required to | 19 | | disclose that he or she had a juvenile record, and (iv) he or | 20 | | she may file the petition on his or her own or with the | 21 | | assistance of an attorney. The failure of the judge to inform | 22 | | the delinquent minor of his or her right to petition for | 23 | | expungement as provided by law does not create a substantive | 24 | | right, nor is that failure grounds for: (i) a reversal of an | 25 | | adjudication of delinquency, (ii) a new trial; or (iii) an | 26 | | appeal. |
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| 1 | | (2.7) For counties with a population over 3,000,000, the | 2 | | clerk of the circuit court shall send a "Notification of a | 3 | | Possible Right to Expungement" post card to the minor at the | 4 | | address last received by the clerk of the circuit court on the | 5 | | date that the minor attains the age of 18 based on the | 6 | | birthdate provided to the court by the minor or his or her | 7 | | guardian in cases under paragraphs (b), (c), and (d) of | 8 | | subsection (1); and when the minor attains the age of 21 based | 9 | | on the birthdate provided to the court by the minor or his or | 10 | | her guardian in cases under subsection (2). | 11 | | (2.8) The petition for expungement for subsection (1) may | 12 | | include multiple offenses on the same petition and shall be | 13 | | substantially in the following form: | 14 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
| 15 | | ........ JUDICIAL CIRCUIT
| 16 | | IN THE INTEREST OF ) NO.
| 17 | | )
| 18 | | )
| 19 | | ...................)
| 20 | | (Name of Petitioner) | 21 | | PETITION TO EXPUNGE JUVENILE RECORDS | 22 | | (705 ILCS 405/5-915 (SUBSECTION 1)) | 23 | | Now comes ............., petitioner, and respectfully requests
| 24 | | that this Honorable Court enter an order expunging all juvenile |
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| 1 | | law enforcement and court records of petitioner and in support | 2 | | thereof states that:
Petitioner has attained the age of .... | 3 | | 18 , his/her birth date being ......, or all
Juvenile Court | 4 | | proceedings terminated as of ......, whichever occurred later.
| 5 | | Petitioner was arrested on ..... by the ....... Police | 6 | | Department for the offense or offenses of ......., and:
| 7 | | (Check All That Apply:)
| 8 | | ( ) a. no petition or petitions were filed with the Clerk of | 9 | | the Circuit Court. | 10 | | ( ) b. was charged with ...... and was found not delinquent
of | 11 | | the offense or offenses. | 12 | | ( ) c. a petition or petitions were filed and the petition or | 13 | | petitions were dismissed without a finding of delinquency on | 14 | | ..... | 15 | | ( ) d. on ....... placed under supervision pursuant to Section | 16 | | 5-615 of the Juvenile Court Act of 1987 and such order of | 17 | | supervision successfully terminated on ........ | 18 | | ( ) e. was adjudicated for the offense or offenses, which would | 19 | | have been a Class B misdemeanor, a Class C misdemeanor, or a | 20 | | petty offense or business offense if committed by an adult.
| 21 | | Petitioner .... has .... has not been arrested on charges in | 22 | | this or any county other than the charges listed above. If | 23 | | petitioner has been arrested on additional charges, please list | 24 | | the charges below:
| 25 | | Charge(s): ...... | 26 | | Arresting Agency or Agencies: ........... |
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| 1 | | Disposition/Result: (choose from a. through e., above): .....
| 2 | | WHEREFORE, the petitioner respectfully requests this Honorable | 3 | | Court to (1) order all law enforcement agencies to expunge all | 4 | | records of petitioner to this incident or incidents, and (2) to | 5 | | order the Clerk of the Court to expunge all records concerning | 6 | | the petitioner regarding this incident or incidents. | 7 | | ......................
| 8 | | Petitioner (Signature)
| 9 | | ..........................
| 10 | | Petitioner's Street Address
| 11 | | .....................
| 12 | | City, State, Zip Code
| 13 | | .............................
| 14 | | Petitioner's Telephone Number
| 15 | | Pursuant to the penalties of perjury under the Code of Civil | 16 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 17 | | statements in this petition are true and correct, or on | 18 | | information and belief I believe the same to be true. | 19 | | ......................
| 20 | | Petitioner (Signature)
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| 1 | | The Petition for Expungement for subsection (2) shall be | 2 | | substantially in the following form: | 3 | | IN THE CIRCUIT COURT OF ........, ILLINOIS | 4 | | ........ JUDICIAL CIRCUIT | 5 | | IN THE INTEREST OF ) NO.
| 6 | | )
| 7 | | )
| 8 | | ...................)
| 9 | | (Name of Petitioner) | 10 | | PETITION TO EXPUNGE JUVENILE RECORDS
| 11 | | (705 ILCS 405/5-915 (SUBSECTION 2))
| 12 | | (Please prepare a separate petition for each offense)
| 13 | | Now comes ............, petitioner, and respectfully requests | 14 | | that this Honorable Court enter an order expunging all Juvenile | 15 | | Law Enforcement and Court records of petitioner and in support | 16 | | thereof states that: | 17 | | The incident for which the Petitioner seeks expungement | 18 | | occurred before the Petitioner's 18th birthday and did not | 19 | | result in proceedings in criminal court and the Petitioner has | 20 | | not had any convictions for any crime since his/her 18th | 21 | | birthday; and
| 22 | | The incident for which the Petitioner seeks expungement | 23 | | occurred before the Petitioner's 18th birthday and the |
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| 1 | | adjudication was not based upon first-degree murder or sex | 2 | | offenses which would be felonies if committed by an adult, and | 3 | | the Petitioner has not had any convictions for any crime since | 4 | | his/her 18th birthday. | 5 | | Petitioner was arrested on ...... by the ....... Police | 6 | | Department for the offense of ........, and: | 7 | | (Check whichever one occurred the latest:) | 8 | | ( ) a. The Petitioner has attained the age of 21 years, his/her | 9 | | birthday being .......; or | 10 | | ( ) b. 5 years have elapsed since all juvenile court | 11 | | proceedings relating to the Petitioner have been terminated; or | 12 | | the Petitioner's commitment to the Department of Juvenile | 13 | | Justice
pursuant to the expungement of juvenile law enforcement | 14 | | and court records provisions of the Juvenile Court Act of 1987 | 15 | | has been terminated.
Petitioner ...has ...has not been arrested | 16 | | on charges in this or any other county other than the charge | 17 | | listed above. If petitioner has been arrested on additional | 18 | | charges, please list the charges below: | 19 | | Charge(s): .......... | 20 | | Arresting Agency or Agencies: ....... | 21 | | Disposition/Result: (choose from a or b, above): .......... | 22 | | WHEREFORE, the petitioner respectfully requests this Honorable | 23 | | Court to (1) order all law enforcement agencies to expunge all | 24 | | records of petitioner related to this incident, and (2) to | 25 | | order the Clerk of the Court to expunge all records concerning | 26 | | the petitioner regarding this incident. |
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| 1 | | .......................
| 2 | | Petitioner (Signature)
| 3 | | ......................
| 4 | | Petitioner's Street Address
| 5 | | .....................
| 6 | | City, State, Zip Code
| 7 | | .............................
| 8 | | Petitioner's Telephone Number
| 9 | | Pursuant to the penalties of perjury under the Code of Civil | 10 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 11 | | statements in this petition are true and correct, or on | 12 | | information and belief I believe the same to be true. | 13 | | ......................
| 14 | | Petitioner (Signature)
| 15 | | (3) The chief judge of the circuit in which an arrest was | 16 | | made or a charge
was brought or any
judge of that circuit | 17 | | designated by the chief judge
may, upon verified petition
of a | 18 | | person who is the subject of an arrest or a juvenile court | 19 | | proceeding
under subsection (1) or (2) of this Section, order | 20 | | the law enforcement
records or official court file, or both, to | 21 | | be expunged from the official
records of the arresting | 22 | | authority, the clerk of the circuit court and the
Department of |
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| 1 | | State Police. The person whose records are to be expunged shall | 2 | | petition the court using the appropriate form containing his or | 3 | | her current address and shall promptly notify the clerk of the | 4 | | circuit court of any change of address. Notice
of the petition | 5 | | shall be served upon the State's Attorney or prosecutor charged | 6 | | with the duty of prosecuting the offense, the Department of | 7 | | State Police, and the arresting agency or agencies by the clerk | 8 | | of the circuit court. If an objection is filed within 45
days | 9 | | of the notice of the petition, the clerk of the circuit court | 10 | | shall set a date for hearing after the 45
day objection period. | 11 | | At the hearing the court shall hear evidence on whether the | 12 | | expungement should or should not be granted. Unless the State's | 13 | | Attorney or prosecutor, the Department of State Police, or an | 14 | | arresting agency objects to the expungement within 45
days of | 15 | | the notice, the court may enter an order granting expungement. | 16 | | The person whose records are to be expunged shall pay the clerk | 17 | | of the circuit court a fee equivalent to the cost associated | 18 | | with expungement of records by the clerk and the Department of | 19 | | State Police. The clerk shall forward a certified copy of the | 20 | | order to the Department of State Police, the appropriate | 21 | | portion of the fee to the Department of State Police for | 22 | | processing, and deliver a certified copy of the order to the | 23 | | arresting agency.
| 24 | | (3.1) The Notice of Expungement shall be in substantially | 25 | | the following form: | 26 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
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| 1 | | .... JUDICIAL CIRCUIT
| 2 | | IN THE INTEREST OF ) NO.
| 3 | | )
| 4 | | )
| 5 | | ...................)
| 6 | | (Name of Petitioner) | 7 | | NOTICE
| 8 | | TO: State's Attorney
| 9 | | TO: Arresting Agency
| 10 | |
| 11 | | ................
| 12 | | ................
| 13 | |
| 14 | | ................
| 15 | | ................
| 16 | | TO: Illinois State Police
| 17 | |
| 18 | | .....................
| 19 | |
| 20 | | .....................
| 21 | | ATTENTION: Expungement
| 22 | | You are hereby notified that on ....., at ....., in courtroom | 23 | | ..., located at ..., before the Honorable ..., Judge, or any | 24 | | judge sitting in his/her stead, I shall then and there present |
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| 1 | | a Petition to Expunge Juvenile records in the above-entitled | 2 | | matter, at which time and place you may appear. | 3 | | ......................
| 4 | | Petitioner's Signature
| 5 | | ...........................
| 6 | | Petitioner's Street Address
| 7 | | .....................
| 8 | | City, State, Zip Code
| 9 | | .............................
| 10 | | Petitioner's Telephone Number
| 11 | | PROOF OF SERVICE
| 12 | | On the ....... day of ......, 20..., I on oath state that I | 13 | | served this notice and true and correct copies of the | 14 | | above-checked documents by: | 15 | | (Check One:) | 16 | | delivering copies personally to each entity to whom they are | 17 | | directed; | 18 | | or | 19 | | by mailing copies to each entity to whom they are directed by | 20 | | depositing the same in the U.S. Mail, proper postage fully | 21 | | prepaid, before the hour of 5:00 p.m., at the United States | 22 | | Postal Depository located at ................. | 23 | | .........................................
| 24 | |
| 25 | | Signature | 26 | | Clerk of the Circuit Court or Deputy Clerk
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| 1 | | Printed Name of Delinquent Minor/Petitioner: .... | 2 | | Address: ........................................ | 3 | | Telephone Number: ............................... | 4 | | (3.2) The Order of Expungement shall be in substantially | 5 | | the following form: | 6 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 7 | | .... JUDICIAL CIRCUIT
| 8 | | IN THE INTEREST OF ) NO.
| 9 | | )
| 10 | | )
| 11 | | ...................)
| 12 | | (Name of Petitioner)
| 13 | | DOB ................ | 14 | | Arresting Agency/Agencies ...... | 15 | | ORDER OF EXPUNGEMENT
| 16 | | (705 ILCS 405/5-915 (SUBSECTION 3))
| 17 | | This matter having been heard on the petitioner's motion and | 18 | | the court being fully advised in the premises does find that | 19 | | the petitioner is indigent or has presented reasonable cause to | 20 | | waive all costs in this matter, IT IS HEREBY ORDERED that: | 21 | | ( ) 1. Clerk of Court and Department of State Police costs | 22 | | are hereby waived in this matter. | 23 | | ( ) 2. The Illinois State Police Bureau of Identification | 24 | | and the following law enforcement agencies expunge all records |
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| 1 | | of petitioner relating to an arrest dated ...... for the | 2 | | offense of ...... | 3 | | Law Enforcement Agencies:
| 4 | | .........................
| 5 | | .........................
| 6 | | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | 7 | | Court expunge all records regarding the above-captioned case. | 8 | | ENTER: ......................
| 9 | |
| 10 | | JUDGE | 11 | | DATED: ....... | 12 | | Name:
| 13 | | Attorney for:
| 14 | | Address:
City/State/Zip:
| 15 | | Attorney Number: | 16 | | (3.3) The Notice of Objection shall be in substantially the | 17 | | following form: | 18 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 19 | | ....................... JUDICIAL CIRCUIT
| 20 | | IN THE INTEREST OF ) NO.
| 21 | | )
| 22 | | )
| 23 | | ...................)
| 24 | | (Name of Petitioner) |
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| 1 | | NOTICE OF OBJECTION
| 2 | | TO:(Attorney, Public Defender, Minor)
| 3 | | .................................
| 4 | | .................................
| 5 | | TO:(Illinois State Police)
| 6 | | .................................
| 7 | | ................................. | 8 | | TO:(Clerk of the Court)
| 9 | | .................................
| 10 | | .................................
| 11 | | TO:(Judge)
| 12 | | .................................
| 13 | | .................................
| 14 | | TO:(Arresting Agency/Agencies)
| 15 | | .................................
| 16 | | ................................. | 17 | | ATTENTION:
You are hereby notified that an objection has been | 18 | | filed by the following entity regarding the above-named minor's | 19 | | petition for expungement of juvenile records: | 20 | | ( ) State's Attorney's Office;
| 21 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 22 | | with the duty of prosecuting the offense sought to be expunged;
| 23 | | ( ) Department of Illinois State Police; or
| 24 | | ( ) Arresting Agency or Agencies.
| 25 | | The agency checked above respectfully requests that this case | 26 | | be continued and set for hearing on whether the expungement |
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| 1 | | should or should not be granted.
| 2 | | DATED: ....... | 3 | | Name: | 4 | | Attorney For:
| 5 | | Address: | 6 | | City/State/Zip:
| 7 | | Telephone:
| 8 | | Attorney No.:
| 9 | | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| 10 | | This matter has been set for hearing on the foregoing | 11 | | objection, on ...... in room ...., located at ....., before the | 12 | | Honorable ....., Judge, or any judge sitting in his/her stead.
| 13 | | (Only one hearing shall be set, regardless of the number of | 14 | | Notices of Objection received on the same case).
| 15 | | A copy of this completed Notice of Objection containing the | 16 | | court date, time, and location, has been sent via regular U.S. | 17 | | Mail to the following entities. (If more than one Notice of | 18 | | Objection is received on the same case, each one must be | 19 | | completed with the court date, time and location and mailed to | 20 | | the following entities):
| 21 | | ( ) Attorney, Public Defender or Minor;
| 22 | | ( ) State's Attorney's Office; | 23 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 24 | | with the duty of prosecuting the offense sought to be expunged; | 25 | | ( ) Department of Illinois State Police; and | 26 | | ( ) Arresting agency or agencies.
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| 1 | | Date: ...... | 2 | | Initials of Clerk completing this section: .....
| 3 | | (4) Upon entry of an order expunging records or files, the | 4 | | offense, which
the records or files concern shall be treated as | 5 | | if it never occurred. Law
enforcement officers and other public | 6 | | offices and agencies shall properly reply
on inquiry that no | 7 | | record or file exists with respect to the
person.
| 8 | | (5) Records which have not been expunged are sealed, and | 9 | | may be obtained
only under the provisions of Sections 5-901, | 10 | | 5-905 and 5-915.
| 11 | | (6) Nothing in this Section shall be construed to prohibit | 12 | | the maintenance
of information relating to an offense after | 13 | | records or files concerning the
offense have been expunged if | 14 | | the information is kept in a manner that does not
enable | 15 | | identification of the offender. This information may only be | 16 | | used for
statistical and bona fide research purposes. | 17 | | (6.5) The Department of State Police or any employee of the | 18 | | Department shall be immune from civil or criminal liability for | 19 | | failure to expunge any records of arrest that are subject to | 20 | | expungement under subsection (1.5) or (1.6) of this Section | 21 | | because of inability to verify a record. Nothing in subsection | 22 | | (1.5) or (1.6) of this Section shall create Department of State | 23 | | Police liability or responsibility for the expungement of law | 24 | | enforcement records it does not possess. | 25 | | (7)(a) The State Appellate Defender shall establish, | 26 | | maintain, and carry out, by December 31, 2004, a juvenile |
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| 1 | | expungement program
to provide information and assistance to | 2 | | minors eligible to have their juvenile records expunged.
| 3 | | (b) The State Appellate Defender shall develop brochures, | 4 | | pamphlets, and
other
materials in
printed form and through the | 5 | | agency's World Wide Web site. The pamphlets and
other materials | 6 | | shall
include at a minimum the following information:
| 7 | | (i) An explanation of the State's juvenile expungement | 8 | | process; | 9 | | (ii) The circumstances under which juvenile | 10 | | expungement may occur; | 11 | | (iii) The juvenile offenses that may be expunged; | 12 | | (iv) The steps necessary to initiate and complete the | 13 | | juvenile expungement process;
and | 14 | | (v) Directions on how to contact the State Appellate | 15 | | Defender. | 16 | | (c) The State Appellate Defender shall establish and | 17 | | maintain a statewide
toll-free telephone
number that a person | 18 | | may use to receive information or assistance concerning
the | 19 | | expungement of juvenile records. The State Appellate
Defender | 20 | | shall advertise
the toll-free telephone number statewide. The | 21 | | State Appellate Defender shall
develop an expungement
| 22 | | information packet that may be sent to eligible persons seeking | 23 | | expungement of
their juvenile records,
which may include, but | 24 | | is not limited to, a pre-printed expungement petition
with | 25 | | instructions on how
to complete the petition and a pamphlet | 26 | | containing information that would
assist individuals through
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| 1 | | the juvenile expungement process. | 2 | | (d) The State Appellate Defender shall compile a statewide | 3 | | list of volunteer
attorneys willing
to assist eligible | 4 | | individuals through the juvenile expungement process. | 5 | | (e) This Section shall be implemented from funds | 6 | | appropriated by the General
Assembly to the State
Appellate | 7 | | Defender
for this purpose. The State Appellate Defender shall | 8 | | employ the necessary staff
and adopt the
necessary rules for | 9 | | implementation of this Section. | 10 | | (8)(a) Except with respect to law enforcement agencies, the | 11 | | Department of Corrections, State's Attorneys, or other | 12 | | prosecutors, an expunged juvenile record may not be considered | 13 | | by any private or public entity in employment matters, | 14 | | certification, licensing, revocation of certification or | 15 | | licensure, or registration. Applications for employment must | 16 | | contain specific language that states that the applicant is not | 17 | | obligated to disclose expunged juvenile records of conviction | 18 | | or arrest. Employers may not ask if an applicant has had a | 19 | | juvenile record expunged. Effective January 1, 2005, the | 20 | | Department of Labor shall develop a link on the Department's | 21 | | website to inform employers that employers may not ask if an | 22 | | applicant had a juvenile record expunged and that application | 23 | | for employment must contain specific language that states that | 24 | | the applicant is not obligated to disclose expunged juvenile | 25 | | records of arrest or conviction. | 26 | | (b) A person whose juvenile records have been expunged is |
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| 1 | | not entitled to remission of any fines, costs, or other money | 2 | | paid as a consequence of expungement. This amendatory Act of | 3 | | the 93rd General Assembly does not affect the right of the | 4 | | victim of a crime to prosecute or defend a civil action for | 5 | | damages.
| 6 | | (c) The expungement of juvenile records under Section 5-622 | 7 | | shall be funded by the additional fine imposed under Section | 8 | | 5-9-1.17 of the Unified Code of Corrections and additional | 9 | | appropriations made by the General Assembly for such purpose. | 10 | | (9) The changes made to this Section by Public Act 98-61 | 11 | | apply to law enforcement records of a minor who has been | 12 | | arrested or taken into custody on or after January 1, 2014 (the | 13 | | effective date of Public Act 98-61). | 14 | | (10) The changes made in subsection (1.5) of this Section | 15 | | by this amendatory Act of the 98th General Assembly apply to | 16 | | law enforcement records of a minor who has been arrested or | 17 | | taken into custody on or after January 1, 2015. The changes | 18 | | made in subsection (1.6) of this Section by this amendatory Act | 19 | | of the 98th General Assembly apply to law enforcement records | 20 | | of a minor who has been arrested or taken into custody before | 21 | | January 1, 2015. | 22 | | (Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, | 23 | | eff. 7-16-14 .)
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