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Full Text of SB2021  100th General Assembly

SB2021sam001 100TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 3/2/2017

 

 


 

 


 
10000SB2021sam001LRB100 11420 SLF 22288 a

1
AMENDMENT TO SENATE BILL 2021

2    AMENDMENT NO. ______. Amend Senate Bill 2021 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-7, 1-8, and 5-915 as follows:
 
6    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
7    Sec. 1-7. Confidentiality of law enforcement, municipal
8ordinance violation, and traffic records.
9    (A) All juvenile records which have not been expunged are
10sealed and may never be disclosed to the general public or
11otherwise made widely available. Sealed records may be obtained
12only under this Section and Section 1-8 and 5-915 of this Act,
13when their use is needed for good cause and with the approval
14of the juvenile court, as required. Inspection and copying of
15law enforcement records maintained by law enforcement agencies
16or records of municipal ordinance or traffic violations

 

 

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1maintained by any State, local, or municipal agency that relate
2to a minor who has been investigated, arrested, or taken into
3custody before his or her 18th birthday shall be restricted to
4the following:
5        (1) Any local, State or federal law enforcement
6    officers of any jurisdiction or agency when necessary for
7    the discharge of their official duties during the
8    investigation or prosecution of a crime or relating to a
9    minor who has been adjudicated delinquent and there has
10    been a previous finding that the act which constitutes the
11    previous offense was committed in furtherance of criminal
12    activities by a criminal street gang, or, when necessary
13    for the discharge of its official duties in connection with
14    a particular investigation of the conduct of a law
15    enforcement officer, an independent agency or its staff
16    created by ordinance and charged by a unit of local
17    government with the duty of investigating the conduct of
18    law enforcement officers. For purposes of this Section,
19    "criminal street gang" has the meaning ascribed to it in
20    Section 10 of the Illinois Streetgang Terrorism Omnibus
21    Prevention Act.
22        (2) Prosecutors, probation officers, social workers,
23    or other individuals assigned by the court to conduct a
24    pre-adjudication or pre-disposition investigation, and
25    individuals responsible for supervising or providing
26    temporary or permanent care and custody for minors pursuant

 

 

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1    to the order of the juvenile court, when essential to
2    performing their responsibilities.
3        (3) Prosecutors and probation officers:
4            (a) in the course of a trial when institution of
5        criminal proceedings has been permitted or required
6        under Section 5-805; or
7            (b) when institution of criminal proceedings has
8        been permitted or required under Section 5-805 and such
9        minor is the subject of a proceeding to determine the
10        amount of bail; or
11            (c) when criminal proceedings have been permitted
12        or required under Section 5-805 and such minor is the
13        subject of a pre-trial investigation, pre-sentence
14        investigation, fitness hearing, or proceedings on an
15        application for probation.
16        (4) Adult and Juvenile Prisoner Review Board.
17        (5) Authorized military personnel.
18        (6) Persons engaged in bona fide research, with the
19    permission of the Presiding Judge of the Juvenile Court and
20    the chief executive of the respective law enforcement
21    agency; provided that publication of such research results
22    in no disclosure of a minor's identity and protects the
23    confidentiality of the minor's record.
24        (7) Department of Children and Family Services child
25    protection investigators acting in their official
26    capacity.

 

 

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1        (8) The appropriate school official only if the agency
2    or officer believes that there is an imminent threat of
3    physical harm to students, school personnel, or others who
4    are present in the school or on school grounds.
5             (A) Inspection and copying shall be limited to law
6        enforcement records transmitted to the appropriate
7        school official or officials whom the school has
8        determined to have a legitimate educational or safety
9        interest by a local law enforcement agency under a
10        reciprocal reporting system established and maintained
11        between the school district and the local law
12        enforcement agency under Section 10-20.14 of the
13        School Code concerning a minor enrolled in a school
14        within the school district who has been arrested or
15        taken into custody for any of the following offenses:
16                (i) any violation of Article 24 of the Criminal
17            Code of 1961 or the Criminal Code of 2012;
18                (ii) a violation of the Illinois Controlled
19            Substances Act;
20                (iii) a violation of the Cannabis Control Act;
21                (iv) a forcible felony as defined in Section
22            2-8 of the Criminal Code of 1961 or the Criminal
23            Code of 2012;
24                (v) a violation of the Methamphetamine Control
25            and Community Protection Act;
26                (vi) a violation of Section 1-2 of the

 

 

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1            Harassing and Obscene Communications Act;
2                (vii) a violation of the Hazing Act; or
3                (viii) a violation of Section 12-1, 12-2,
4            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
5            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
6            Criminal Code of 1961 or the Criminal Code of 2012.
7            The information derived from the law enforcement
8        records shall be kept separate from and shall not
9        become a part of the official school record of that
10        child and shall not be a public record. The information
11        shall be used solely by the appropriate school official
12        or officials whom the school has determined to have a
13        legitimate educational or safety interest to aid in the
14        proper rehabilitation of the child and to protect the
15        safety of students and employees in the school. If the
16        designated law enforcement and school officials deem
17        it to be in the best interest of the minor, the student
18        may be referred to in-school or community based social
19        services if those services are available.
20        "Rehabilitation services" may include interventions by
21        school support personnel, evaluation for eligibility
22        for special education, referrals to community-based
23        agencies such as youth services, behavioral healthcare
24        service providers, drug and alcohol prevention or
25        treatment programs, and other interventions as deemed
26        appropriate for the student.

 

 

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1            (B) Any information provided to appropriate school
2        officials whom the school has determined to have a
3        legitimate educational or safety interest by local law
4        enforcement officials about a minor who is the subject
5        of a current police investigation that is directly
6        related to school safety shall consist of oral
7        information only, and not written law enforcement
8        records, and shall be used solely by the appropriate
9        school official or officials to protect the safety of
10        students and employees in the school and aid in the
11        proper rehabilitation of the child. The information
12        derived orally from the local law enforcement
13        officials shall be kept separate from and shall not
14        become a part of the official school record of the
15        child and shall not be a public record. This limitation
16        on the use of information about a minor who is the
17        subject of a current police investigation shall in no
18        way limit the use of this information by prosecutors in
19        pursuing criminal charges arising out of the
20        information disclosed during a police investigation of
21        the minor. For purposes of this paragraph,
22        "investigation" means an official systematic inquiry
23        by a law enforcement agency into actual or suspected
24        criminal activity.
25        (9) Mental health professionals on behalf of the
26    Illinois Department of Corrections or the Department of

 

 

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1    Human Services or prosecutors who are evaluating,
2    prosecuting, or investigating a potential or actual
3    petition brought under the Sexually Violent Persons
4    Commitment Act relating to a person who is the subject of
5    juvenile law enforcement records or the respondent to a
6    petition brought under the Sexually Violent Persons
7    Commitment Act who is the subject of the juvenile law
8    enforcement records sought. Any records and any
9    information obtained from those records under this
10    paragraph (9) may be used only in sexually violent persons
11    commitment proceedings.
12        (10) The president of a park district. Inspection and
13    copying shall be limited to law enforcement records
14    transmitted to the president of the park district by the
15    Illinois State Police under Section 8-23 of the Park
16    District Code or Section 16a-5 of the Chicago Park District
17    Act concerning a person who is seeking employment with that
18    park district and who has been adjudicated a juvenile
19    delinquent for any of the offenses listed in subsection (c)
20    of Section 8-23 of the Park District Code or subsection (c)
21    of Section 16a-5 of the Chicago Park District Act.
22        (B)(1) Except as provided in paragraph (2), no law
23    enforcement officer or other person or agency may knowingly
24    transmit to the Department of Corrections or the Department
25    of State Police or to the Federal Bureau of Investigation
26    any fingerprint or photograph relating to a minor who has

 

 

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1    been arrested or taken into custody before his or her 18th
2    birthday, unless the court in proceedings under this Act
3    authorizes the transmission or enters an order under
4    Section 5-805 permitting or requiring the institution of
5    criminal proceedings.
6        (2) Law enforcement officers or other persons or
7    agencies shall transmit to the Department of State Police
8    copies of fingerprints and descriptions of all minors who
9    have been arrested or taken into custody before their 18th
10    birthday for the offense of unlawful use of weapons under
11    Article 24 of the Criminal Code of 1961 or the Criminal
12    Code of 2012, a Class X or Class 1 felony, a forcible
13    felony as defined in Section 2-8 of the Criminal Code of
14    1961 or the Criminal Code of 2012, or a Class 2 or greater
15    felony under the Cannabis Control Act, the Illinois
16    Controlled Substances Act, the Methamphetamine Control and
17    Community Protection Act, or Chapter 4 of the Illinois
18    Vehicle Code, pursuant to Section 5 of the Criminal
19    Identification Act. Information reported to the Department
20    pursuant to this Section may be maintained with records
21    that the Department files pursuant to Section 2.1 of the
22    Criminal Identification Act. Nothing in this Act prohibits
23    a law enforcement agency from fingerprinting a minor taken
24    into custody or arrested before his or her 18th birthday
25    for an offense other than those listed in this paragraph
26    (2).

 

 

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1    (C) The records of law enforcement officers, or of an
2independent agency created by ordinance and charged by a unit
3of local government with the duty of investigating the conduct
4of law enforcement officers, concerning all minors under 18
5years of age must be maintained separate from the records of
6arrests and may not be open to public inspection or their
7contents disclosed to the public except by order of the court
8presiding over matters pursuant to this Act or when the
9institution of criminal proceedings has been permitted or
10required under Section 5-805 or such a person has been
11convicted of a crime and is the subject of pre-sentence
12investigation or proceedings on an application for probation or
13when provided by law. For purposes of obtaining documents
14pursuant to this Section, a civil subpoena is not an order of
15the court.
16        (1) In cases where the law enforcement, or independent
17    agency, records concern a pending juvenile court case, the
18    party seeking to inspect the records shall provide actual
19    notice to the attorney or guardian ad litem of the minor
20    whose records are sought.
21        (2) In cases where the records concern a juvenile court
22    case that is no longer pending, the party seeking to
23    inspect the records shall provide actual notice to the
24    minor or the minor's parent or legal guardian, and the
25    matter shall be referred to the chief judge presiding over
26    matters pursuant to this Act.

 

 

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1        (3) In determining whether the records should be
2    available for inspection, the court shall consider the
3    minor's interest in confidentiality and rehabilitation
4    over the moving party's interest in obtaining the
5    information. Any records obtained in violation of this
6    subsection (C) shall not be admissible in any criminal or
7    civil proceeding, or operate to disqualify a minor from
8    subsequently holding public office or securing employment,
9    or operate as a forfeiture of any public benefit, right,
10    privilege, or right to receive any license granted by
11    public authority.
12    (D) Nothing contained in subsection (C) of this Section
13shall prohibit the inspection or disclosure to victims and
14witnesses of photographs contained in the records of law
15enforcement agencies when the inspection and disclosure is
16conducted in the presence of a law enforcement officer for the
17purpose of the identification or apprehension of any person
18subject to the provisions of this Act or for the investigation
19or prosecution of any crime.
20    (E) Law enforcement officers, and personnel of an
21independent agency created by ordinance and charged by a unit
22of local government with the duty of investigating the conduct
23of law enforcement officers, may not disclose the identity of
24any minor in releasing information to the general public as to
25the arrest, investigation or disposition of any case involving
26a minor.

 

 

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1    (F) Nothing contained in this Section shall prohibit law
2enforcement agencies from communicating with each other by
3letter, memorandum, teletype or intelligence alert bulletin or
4other means the identity or other relevant information
5pertaining to a person under 18 years of age if there are
6reasonable grounds to believe that the person poses a real and
7present danger to the safety of the public or law enforcement
8officers. The information provided under this subsection (F)
9shall remain confidential and shall not be publicly disclosed,
10except as otherwise allowed by law.
11    (G) Nothing in this Section shall prohibit the right of a
12Civil Service Commission or appointing authority of any state,
13county or municipality examining the character and fitness of
14an applicant for employment with a law enforcement agency,
15correctional institution, or fire department from obtaining
16and examining the records of any law enforcement agency
17relating to any record of the applicant having been arrested or
18taken into custody before the applicant's 18th birthday.
19    (H) The changes made to this Section by Public Act 98-61
20apply to law enforcement records of a minor who has been
21arrested or taken into custody on or after January 1, 2014 (the
22effective date of Public Act 98-61).
23    (I) Any person found to be in violation of this Section is
24guilty of a Class B misdemeanor and subject to a fine of $1,000
25per violation. This subsection (I) shall not apply to the
26person who is the subject of the record.

 

 

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1    (J) A person convicted of violating this Section is liable
2for damages in the amount of $1,000 or actual damages,
3whichever is greater.
4(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298,
5eff. 8-6-15.)
 
6    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
7    Sec. 1-8. Confidentiality and accessibility of juvenile
8court records.
9    (A) A juvenile adjudication shall never be considered a
10conviction nor shall an adjudicated individual be considered a
11criminal. A juvenile adjudication shall not operate to impose
12upon the individual any of the civil disabilities ordinarily
13imposed by or resulting from conviction. Adjudications shall
14not prejudice or disqualify the individual in any civil service
15application or appointment, from holding public office, or from
16receiving any license granted by public authority. All juvenile
17records which have not been expunged are sealed and may never
18be disclosed to the general public or otherwise made widely
19available. Sealed records may be obtained only under this
20Section and Section 1-7 and Section 5-915 of this Act, when
21their use is needed for good cause and with the approval of the
22juvenile court, as required. Inspection and copying of juvenile
23court records relating to a minor who is the subject of a
24proceeding under this Act shall be restricted to the following:
25        (1) The minor who is the subject of record, his

 

 

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1    parents, guardian and counsel.
2        (2) Law enforcement officers and law enforcement
3    agencies when such information is essential to executing an
4    arrest or search warrant or other compulsory process, or to
5    conducting an ongoing investigation or relating to a minor
6    who has been adjudicated delinquent and there has been a
7    previous finding that the act which constitutes the
8    previous offense was committed in furtherance of criminal
9    activities by a criminal street gang.
10        Before July 1, 1994, for the purposes of this Section,
11    "criminal street gang" means any ongoing organization,
12    association, or group of 3 or more persons, whether formal
13    or informal, having as one of its primary activities the
14    commission of one or more criminal acts and that has a
15    common name or common identifying sign, symbol or specific
16    color apparel displayed, and whose members individually or
17    collectively engage in or have engaged in a pattern of
18    criminal activity.
19        Beginning July 1, 1994, for purposes of this Section,
20    "criminal street gang" has the meaning ascribed to it in
21    Section 10 of the Illinois Streetgang Terrorism Omnibus
22    Prevention Act.
23        (3) Judges, hearing officers, prosecutors, probation
24    officers, social workers or other individuals assigned by
25    the court to conduct a pre-adjudication or predisposition
26    investigation, and individuals responsible for supervising

 

 

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1    or providing temporary or permanent care and custody for
2    minors pursuant to the order of the juvenile court when
3    essential to performing their responsibilities.
4        (4) Judges, prosecutors and probation officers:
5            (a) in the course of a trial when institution of
6        criminal proceedings has been permitted or required
7        under Section 5-805; or
8            (b) when criminal proceedings have been permitted
9        or required under Section 5-805 and a minor is the
10        subject of a proceeding to determine the amount of
11        bail; or
12            (c) when criminal proceedings have been permitted
13        or required under Section 5-805 and a minor is the
14        subject of a pre-trial investigation, pre-sentence
15        investigation or fitness hearing, or proceedings on an
16        application for probation; or
17            (d) when a minor becomes 18 years of age or older,
18        and is the subject of criminal proceedings, including a
19        hearing to determine the amount of bail, a pre-trial
20        investigation, a pre-sentence investigation, a fitness
21        hearing, or proceedings on an application for
22        probation.
23        (5) Adult and Juvenile Prisoner Review Boards.
24        (6) Authorized military personnel.
25        (7) Victims, their subrogees and legal
26    representatives; however, such persons shall have access

 

 

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1    only to the name and address of the minor and information
2    pertaining to the disposition or alternative adjustment
3    plan of the juvenile court.
4        (8) Persons engaged in bona fide research, with the
5    permission of the presiding judge of the juvenile court and
6    the chief executive of the agency that prepared the
7    particular records; provided that publication of such
8    research results in no disclosure of a minor's identity and
9    protects the confidentiality of the record.
10        (9) The Secretary of State to whom the Clerk of the
11    Court shall report the disposition of all cases, as
12    required in Section 6-204 of the Illinois Vehicle Code.
13    However, information reported relative to these offenses
14    shall be privileged and available only to the Secretary of
15    State, courts, and police officers.
16        (10) The administrator of a bonafide substance abuse
17    student assistance program with the permission of the
18    presiding judge of the juvenile court.
19        (11) Mental health professionals on behalf of the
20    Illinois Department of Corrections or the Department of
21    Human Services or prosecutors who are evaluating,
22    prosecuting, or investigating a potential or actual
23    petition brought under the Sexually Violent Persons
24    Commitment Act relating to a person who is the subject of
25    juvenile court records or the respondent to a petition
26    brought under the Sexually Violent Persons Commitment Act,

 

 

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1    who is the subject of juvenile court records sought. Any
2    records and any information obtained from those records
3    under this paragraph (11) may be used only in sexually
4    violent persons commitment proceedings.
5    (A-1) Findings and exclusions of paternity entered in
6proceedings occurring under Article II of this Act shall be
7disclosed, in a manner and form approved by the Presiding Judge
8of the Juvenile Court, to the Department of Healthcare and
9Family Services when necessary to discharge the duties of the
10Department of Healthcare and Family Services under Article X of
11the Illinois Public Aid Code.
12    (B) A minor who is the victim in a juvenile proceeding
13shall be provided the same confidentiality regarding
14disclosure of identity as the minor who is the subject of
15record.
16    (C) Juvenile Except as otherwise provided in this
17subsection (C), juvenile court records shall not be made
18available to the general public. Subject to the limitations in
19paragraphs (0.1) through (0.4) of this subsection (C), the
20judge presiding over a juvenile court proceeding brought under
21this Act, in his or her discretion, may order that juvenile
22court records of an individual case be made available for
23inspection upon request by a representative of an agency,
24association, or news media entity or by a properly interested
25person. For purposes of inspecting documents under this
26subsection (C), a civil subpoena is not an order of the court.

 

 

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1        (0.1) In cases where the records concern a pending
2    juvenile court case, the requesting party seeking to
3    inspect the juvenile court records shall provide actual
4    notice to the attorney or guardian ad litem of the minor
5    whose records are sought.
6        (0.2) In cases where the records concern a juvenile
7    court case that is no longer pending, the requesting party
8    seeking to inspect the juvenile court records shall provide
9    actual notice to the minor or the minor's parent or legal
10    guardian, and the matter shall be referred to the chief
11    judge presiding over matters pursuant to this Act.
12        (0.3) In determining whether records should be made
13    available for inspection and whether inspection should be
14    limited to certain parts of the file, the court shall
15    consider the minor's interest in confidentiality and
16    rehabilitation over the requesting party's interest in
17    obtaining the information. The State's Attorney, the
18    minor, and the minor's parents, guardian, and counsel shall
19    at all times have the right to examine court files and
20    records.
21        (0.4) Any records obtained in violation of this
22    subsection (C) shall not be admissible in any criminal or
23    civil proceeding, or operate to disqualify a minor from
24    subsequently holding public office, or operate as a
25    forfeiture of any public benefit, right, privilege, or
26    right to receive any license granted by public authority.

 

 

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1        (1) The court shall allow the general public to have
2    access to the name, address, and offense of a minor who is
3    adjudicated a delinquent minor under this Act under either
4    of the following circumstances:
5            (A) The adjudication of delinquency was based upon
6        the minor's commission of first degree murder, attempt
7        to commit first degree murder, aggravated criminal
8        sexual assault, or criminal sexual assault; or
9            (B) The court has made a finding that the minor was
10        at least 13 years of age at the time the act was
11        committed and the adjudication of delinquency was
12        based upon the minor's commission of: (i) an act in
13        furtherance of the commission of a felony as a member
14        of or on behalf of a criminal street gang, (ii) an act
15        involving the use of a firearm in the commission of a
16        felony, (iii) an act that would be a Class X felony
17        offense under or the minor's second or subsequent Class
18        2 or greater felony offense under the Cannabis Control
19        Act if committed by an adult, (iv) an act that would be
20        a second or subsequent offense under Section 402 of the
21        Illinois Controlled Substances Act if committed by an
22        adult, (v) an act that would be an offense under
23        Section 401 of the Illinois Controlled Substances Act
24        if committed by an adult, (vi) an act that would be a
25        second or subsequent offense under Section 60 of the
26        Methamphetamine Control and Community Protection Act,

 

 

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1        or (vii) an act that would be an offense under another
2        Section of the Methamphetamine Control and Community
3        Protection Act.
4        (2) The court shall allow the general public to have
5    access to the name, address, and offense of a minor who is
6    at least 13 years of age at the time the offense is
7    committed and who is convicted, in criminal proceedings
8    permitted or required under Section 5-4, under either of
9    the following circumstances:
10            (A) The minor has been convicted of first degree
11        murder, attempt to commit first degree murder,
12        aggravated criminal sexual assault, or criminal sexual
13        assault,
14            (B) The court has made a finding that the minor was
15        at least 13 years of age at the time the offense was
16        committed and the conviction was based upon the minor's
17        commission of: (i) an offense in furtherance of the
18        commission of a felony as a member of or on behalf of a
19        criminal street gang, (ii) an offense involving the use
20        of a firearm in the commission of a felony, (iii) a
21        Class X felony offense under or a second or subsequent
22        Class 2 or greater felony offense under the Cannabis
23        Control Act, (iv) a second or subsequent offense under
24        Section 402 of the Illinois Controlled Substances Act,
25        (v) an offense under Section 401 of the Illinois
26        Controlled Substances Act, (vi) an act that would be a

 

 

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1        second or subsequent offense under Section 60 of the
2        Methamphetamine Control and Community Protection Act,
3        or (vii) an act that would be an offense under another
4        Section of the Methamphetamine Control and Community
5        Protection Act.
6    (D) Pending or following any adjudication of delinquency
7for any offense defined in Sections 11-1.20 through 11-1.60 or
812-13 through 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the victim of any such offense shall
10receive the rights set out in Sections 4 and 6 of the Bill of
11Rights for Victims and Witnesses of Violent Crime Act; and the
12juvenile who is the subject of the adjudication,
13notwithstanding any other provision of this Act, shall be
14treated as an adult for the purpose of affording such rights to
15the victim.
16    (E) Nothing in this Section shall affect the right of a
17Civil Service Commission or appointing authority of any state,
18county or municipality examining the character and fitness of
19an applicant for employment with a law enforcement agency,
20correctional institution, or fire department to ascertain
21whether that applicant was ever adjudicated to be a delinquent
22minor and, if so, to examine the records of disposition or
23evidence which were made in proceedings under this Act.
24    (F) Following any adjudication of delinquency for a crime
25which would be a felony if committed by an adult, or following
26any adjudication of delinquency for a violation of Section

 

 

10000SB2021sam001- 21 -LRB100 11420 SLF 22288 a

124-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
2Criminal Code of 2012, the State's Attorney shall ascertain
3whether the minor respondent is enrolled in school and, if so,
4shall provide a copy of the dispositional order to the
5principal or chief administrative officer of the school. Access
6to such juvenile records shall be limited to the principal or
7chief administrative officer of the school and any guidance
8counselor designated by him.
9    (G) Nothing contained in this Act prevents the sharing or
10disclosure of information or records relating or pertaining to
11juveniles subject to the provisions of the Serious Habitual
12Offender Comprehensive Action Program when that information is
13used to assist in the early identification and treatment of
14habitual juvenile offenders.
15    (H) When a Court hearing a proceeding under Article II of
16this Act becomes aware that an earlier proceeding under Article
17II had been heard in a different county, that Court shall
18request, and the Court in which the earlier proceedings were
19initiated shall transmit, an authenticated copy of the Court
20record, including all documents, petitions, and orders filed
21therein and the minute orders, transcript of proceedings, and
22docket entries of the Court.
23    (I) The Clerk of the Circuit Court shall report to the
24Department of State Police, in the form and manner required by
25the Department of State Police, the final disposition of each
26minor who has been arrested or taken into custody before his or

 

 

10000SB2021sam001- 22 -LRB100 11420 SLF 22288 a

1her 18th birthday for those offenses required to be reported
2under Section 5 of the Criminal Identification Act. Information
3reported to the Department under this Section may be maintained
4with records that the Department files under Section 2.1 of the
5Criminal Identification Act.
6    (J) The changes made to this Section by Public Act 98-61
7apply to law enforcement records of a minor who has been
8arrested or taken into custody on or after January 1, 2014 (the
9effective date of Public Act 98-61).
10    (K) Any person found to be in violation of this Section is
11guilty of a Class B misdemeanor and subject to a fine of $1,000
12per violation. This subsection (K) shall not apply to the
13person who is the subject of the record.
14    (L) A person convicted of violating this Section is liable
15for damages in the amount of $1,000 or actual damages,
16whichever is greater.
17(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
1898-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff.
197-16-14.)
 
20    (705 ILCS 405/5-915)
21    Sec. 5-915. Expungement of juvenile law enforcement and
22court records.
23    (0.05) For purposes of this Section and Section 5-622:
24        "Dissemination" or "disseminate" means to publish,
25    produce, print, manufacture, distribute, sell, lease,

 

 

10000SB2021sam001- 23 -LRB100 11420 SLF 22288 a

1    exhibit, broadcast, display, transmit, or otherwise share
2    information in any format so as to make the information
3    accessible to others.
4        "Expunge" means to physically destroy the records and
5    to obliterate the minor's name and juvenile court records
6    from any official index, or public record, or electronic
7    database both. No evidence of the juvenile court records
8    may be retained by any law enforcement agency, the juvenile
9    court, or by any municipal, county, or State agency or
10    department. Nothing in this Act shall require the physical
11    destruction of the internal office records, files, or
12    databases maintained by a State's Attorney's Office or
13    other prosecutor.
14        "Juvenile court record" includes, but is not limited
15    to:
16            (a) all documents filed in or maintained by the
17    juvenile court pertaining to a specific incident,
18    proceeding, or individual;
19            (b) all documents relating to a specific incident,
20    proceeding, or individual made available to or maintained
21    by probation officers, social workers, or other
22    individuals assigned by the court to conduct a
23    pre-adjudication or predisposition investigation, or by
24    individuals responsible for supervising or providing
25    temporary or permanent care and custody for minors pursuant
26    to the order of the juvenile court;

 

 

10000SB2021sam001- 24 -LRB100 11420 SLF 22288 a

1            (c) all documents, video or audio tapes,
2    photographs, and exhibits admitted into evidence at
3    juvenile court hearings; or
4            (d) all documents, transcripts, records, reports
5    or other evidence prepared by, maintained by, or released
6    by any municipal, county, or state agency or department, in
7    any format, if indicating involvement with the juvenile
8    court relating to a specific incident, proceeding, or
9    individual.
10        "Law enforcement record" includes but is not limited to
11    records of arrest, station adjustments, fingerprints,
12    probation adjustments, the issuance of a notice to appear,
13    or any other records or documents maintained by any a law
14    enforcement agency relating to a minor suspected of
15    committing an offense or evidence of interaction with law
16    enforcement.
17    (0.1) (a) The Department of State Police and all law
18enforcement agencies within the State shall automatically
19expunge, on or before January 1 of each year, all law
20enforcement records relating to events occurring before an
21individual's 18th birthday if:
22        (1) one year or more has elapsed since the date of the
23    arrest or law enforcement interaction documented in the
24    records;
25        (2) no petition for delinquency or criminal charges
26    were filed with the clerk of the circuit court relating to

 

 

10000SB2021sam001- 25 -LRB100 11420 SLF 22288 a

1    the arrest or law enforcement interaction documented in the
2    records; and
3        (3) 6 months have elapsed without an additional
4    subsequent arrest or filing of a petition for delinquency
5    or criminal charges whether related or not to the arrest or
6    law enforcement interaction documented in the records.
7    (b) If the individual is unable to satisfy conditions (2)
8and (3) of this subsection (0.1), records that satisfy
9condition (1) of this subsection (0.1) shall be automatically
10expunged if the records relate to an offense that if committed
11by an adult would not be an offense classified as Class 2
12felony or higher, an offense under Article 11 of the Criminal
13Code of 1961 or Criminal Code of 2012, or an offense under
1412-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of
151961.
16    (0.2) (a) Upon dismissal of a petition alleging delinquency
17or upon a finding of not delinquent, the court shall order all
18agencies named in the juvenile's court and probation files,
19including each law enforcement agency, other municipal,
20county, or State agencies who may have records of the
21juvenile's adjudication, public or private correctional,
22detention, treatment facilities, and each individual who
23provided treatment or rehabilitation services for the juvenile
24under an order of the court, to send that person's juvenile
25records to the court within 5 business days. The court shall
26then destroy the paper and electronic records and mail an

 

 

10000SB2021sam001- 26 -LRB100 11420 SLF 22288 a

1affidavit of expungement to the person. Each law enforcement
2agency shall affirm in an affidavit of expungement to the court
3that it destroyed all paper and electronic copies of the
4expunged records, except as provided in subdivision (0.2)(b) of
5this Section.
6    (b) If the chief law enforcement officer of the agency, or
7his or her designee, certifies in writing that certain
8information is needed for a pending investigation involving the
9commission of a felony, that information, and information
10identifying the juvenile, may be retained in an intelligence
11file until the investigation is terminated or for one
12additional year, whichever is sooner. Retention of a portion of
13a juvenile's law enforcement record does not disqualify the
14remainder of his or her record from immediate automatic
15expungement.
16    (0.3) (a) Upon an adjudication of delinquency based on any
17offense except first degree murder, the juvenile court shall
18automatically order the expungement of the juvenile records 2
19years after the juvenile's case was closed if no delinquency or
20criminal proceeding is pending and the person has had no
21subsequent delinquency adjudication or criminal conviction.
22This requires no application or action on the part of the
23person. Upon receipt of the court order, all agencies named in
24the juvenile's court and probation files, including each law
25enforcement agency, other municipal, county or state agencies
26who may have records of the juvenile's adjudication, public or

 

 

10000SB2021sam001- 27 -LRB100 11420 SLF 22288 a

1private correctional, detention, and treatment facilities and
2each individual who provided treatment or rehabilitation
3services for the juvenile under an order of the court, to send
4that person's juvenile records to the court within 5 business
5days. The court shall then destroy the paper and electronic
6records and mail an affidavit of expungement to the person.
7Additionally, each law enforcement agency shall also affirm in
8an affidavit of expungement to the court that it destroyed all
9paper and electronic copies of the expunged records, except as
10provided in subdivision (0.3)(b).
11    (b) If the chief law enforcement officer of the agency, or
12his or her designee, certifies in writing that certain
13information is needed for a pending investigation involving the
14commission of a felony, that information, and information
15identifying the juvenile, may be retained in an intelligence
16file until the investigation is terminated or for one
17additional year, whichever is sooner. Retention of a portion of
18a juvenile's law enforcement record does not disqualify the
19remainder of his or her record from immediate automatic
20expungement.
21    (1) Nothing in this subsection (1) precludes an eligible
22minor from obtaining expungement under subsections (0.1),
23(0.2), or (0.3). Whenever a person has been arrested, charged,
24or adjudicated delinquent for an incident occurring before his
25or her 18th birthday that if committed by an adult would be an
26offense, and that person's records are not eligible for

 

 

10000SB2021sam001- 28 -LRB100 11420 SLF 22288 a

1automatic expungement under subsections (0.1), (0.2), or
2(0.3), the person may petition the court at any time for
3expungement of law enforcement records and juvenile court
4records relating to the incident and upon termination of all
5juvenile court proceedings relating to that incident, the court
6shall order the expungement of all records in the possession of
7the Department of State Police, the clerk of the circuit court,
8and law enforcement agencies relating to the incident, but only
9in any of the following circumstances:
10        (a) the minor was arrested and no petition for
11    delinquency was filed with the clerk of the circuit court;
12        (a-5) the minor was charged with an offense and the
13    petition or petitions were dismissed without a finding of
14    delinquency;
15        (b) the minor was charged with an offense and was found
16    not delinquent of that offense;
17        (c) the minor was placed under supervision pursuant to
18    Section 5-615, and the order of supervision has since been
19    successfully terminated; or
20        (d) the minor was adjudicated for an offense which
21    would be a Class B misdemeanor, Class C misdemeanor, or a
22    petty or business offense if committed by an adult.
23    (1.5) (Blank). Commencing 180 days after the effective date
24of this amendatory Act of the 98th General Assembly, the
25Department of State Police shall automatically expunge, on or
26before January 1 of each year, a person's law enforcement

 

 

10000SB2021sam001- 29 -LRB100 11420 SLF 22288 a

1records which are not subject to subsection (1) relating to
2incidents occurring before his or her 18th birthday in the
3Department's possession or control and which contains the final
4disposition which pertain to the person when arrested as a
5minor if:
6        (a) the minor was arrested for an eligible offense and
7    no petition for delinquency was filed with the clerk of the
8    circuit court; and
9        (b) the person attained the age of 18 years during the
10    last calendar year; and
11        (c) since the date of the minor's most recent arrest,
12    at least 6 months have elapsed without an additional
13    arrest, filing of a petition for delinquency whether
14    related or not to a previous arrest, or filing of charges
15    not initiated by arrest.
16    The Department of State Police shall allow a person to use
17the Access and Review process, established in the Department of
18State Police, for verifying that his or her law enforcement
19records relating to incidents occurring before his or her 18th
20birthday eligible under this subsection have been expunged as
21provided in subsection (0.1) of this Section this subsection.
22    The Department of State Police shall provide by rule the
23process for access, review, and automatic expungement.
24    (1.6) (Blank). Commencing on the effective date of this
25amendatory Act of the 98th General Assembly, a person whose law
26enforcement records are not subject to subsection (1) or (1.5)

 

 

10000SB2021sam001- 30 -LRB100 11420 SLF 22288 a

1of this Section and who has attained the age of 18 years may
2use the Access and Review process, established in the
3Department of State Police, for verifying his or her law
4enforcement records relating to incidents occurring before his
5or her 18th birthday in the Department's possession or control
6which pertain to the person when arrested as a minor, if the
7incident occurred no earlier than 30 years before the effective
8date of this amendatory Act of the 98th General Assembly. If
9the person identifies a law enforcement record of an eligible
10offense that meets the requirements of this subsection,
11paragraphs (a) and (c) of subsection (1.5) of this Section, and
12all juvenile court proceedings related to the person have been
13terminated, the person may file a Request for Expungement of
14Juvenile Law Enforcement Records, in the form and manner
15prescribed by the Department of State Police, with the
16Department and the Department shall consider expungement of the
17record as otherwise provided for automatic expungement under
18subsection (1.5) of this Section. The person shall provide
19notice and a copy of the Request for Expungement of Juvenile
20Law Enforcement Records to the arresting agency, prosecutor
21charged with the prosecution of the minor, or the State's
22Attorney of the county that prosecuted the minor. The
23Department of State Police shall provide by rule the process
24for access, review, and Request for Expungement of Juvenile Law
25Enforcement Records.
26    (1.7) (Blank). Nothing in subsections (1.5) and (1.6) of

 

 

10000SB2021sam001- 31 -LRB100 11420 SLF 22288 a

1this Section precludes a person from filing a petition under
2subsection (1) for expungement of records subject to automatic
3expungement under that subsection (1) or subsection (1.5) or
4(1.6) of this Section.
5    (1.8) (Blank). For the purposes of subsections (1.5) and
6(1.6) of this Section, "eligible offense" means records
7relating to an arrest or incident occurring before the person's
818th birthday that if committed by an adult is not an offense
9classified as a Class 2 felony or higher offense, an offense
10under Article 11 of the Criminal Code of 1961 or the Criminal
11Code of 2012, or an offense under Section 12-13, 12-14,
1212-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
13    (2) Any person whose delinquency adjudications are not
14eligible for automatic expungement under subsections (0.1),
15(0.2), or (0.3) may petition the court to expunge all law
16enforcement records relating to any incidents occurring before
17his or her 18th birthday which did not result in proceedings in
18criminal court and all juvenile court records with respect to
19any adjudications except those based upon first degree murder:
20and sex offenses which would be felonies if committed by an
21adult, if the person for whom expungement is sought has had no
22convictions for any crime since his or her 18th birthday and:
23        (a) (blank); or has attained the age of 21 years; or
24        (b) 2 5 years have elapsed since all juvenile court
25    proceedings relating to him or her have been terminated or
26    his or her commitment to the Department of Juvenile Justice

 

 

10000SB2021sam001- 32 -LRB100 11420 SLF 22288 a

1    under pursuant to this Act has been terminated. ;
2whichever is later of (a) or (b). Nothing in this Section 5-915
3precludes a minor from obtaining expungement under Section
45-622.
5    (2.5) If a minor is arrested and no petition for
6delinquency is filed with the clerk of the circuit court as
7provided in paragraph (a) of subsection (1) at the time the
8minor is released from custody, the youth officer, if
9applicable, or other designated person from the arresting
10agency, shall notify verbally and in writing to the minor or
11the minor's parents or guardians that the minor has a right to
12petition to have his or her arrest record expunged when all
13juvenile court proceedings relating to that minor have been
14terminated and that unless a petition to expunge is filed, the
15minor shall have an arrest record and shall provide the minor
16and the minor's parents or guardians with an expungement
17information packet, information regarding this State's
18expungement laws including a petition to expunge juvenile
19records obtained from the clerk of the circuit court.
20    (2.6) If a minor is referred to court charged with an
21offense and is found not delinquent of that offense; or if a
22minor is placed under supervision under Section 5-615, and the
23order of supervision is successfully terminated; or if a minor
24is adjudicated for an offense that would be a Class B
25misdemeanor, a Class C misdemeanor, or a business or petty
26offense if committed by an adult; or if a minor has incidents

 

 

10000SB2021sam001- 33 -LRB100 11420 SLF 22288 a

1occurring before his or her 18th birthday that have not
2resulted in proceedings in criminal court, or resulted in
3proceedings in juvenile court, and the adjudications were not
4based upon first degree murder or sex offenses that would be
5felonies if committed by an adult; then at the time of
6sentencing or dismissal of the case, or successful completion
7of supervision, the judge shall inform the delinquent minor of
8his or her rights regarding expungement right to petition for
9expungement as provided by law, and the clerk of the circuit
10court shall provide an expungement information packet to the
11delinquent minor, written in plain language, including
12information regarding this State's expungement laws and a
13petition for expungement, a sample of a completed petition,
14expungement instructions that shall include information
15informing the minor that (i) once the case is expunged, it
16shall be treated as if it never occurred, (ii) he or she may
17apply to have petition fees waived, (iii) once he or she
18obtains an expungement, he or she may not be required to
19disclose that he or she had a juvenile record, and (iv) if
20petitioning he or she may file the petition on his or her own
21or with the assistance of an attorney. The failure of the judge
22to inform the delinquent minor of his or her right to petition
23for expungement as provided by law does not create a
24substantive right, nor is that failure grounds for: (i) a
25reversal of an adjudication of delinquency, (ii) a new trial;
26or (iii) an appeal.

 

 

10000SB2021sam001- 34 -LRB100 11420 SLF 22288 a

1    (2.7) (Blank). For counties with a population over
23,000,000, the clerk of the circuit court shall send a
3"Notification of a Possible Right to Expungement" post card to
4the minor at the address last received by the clerk of the
5circuit court on the date that the minor attains the age of 18
6based on the birthdate provided to the court by the minor or
7his or her guardian in cases under paragraphs (b), (c), and (d)
8of subsection (1); and when the minor attains the age of 21
9based on the birthdate provided to the court by the minor or
10his or her guardian in cases under subsection (2).
11    (2.8) The petition for expungement for subsection (1) and
12(2) may include multiple offenses on the same petition and
13shall be substantially in the following form:
14
IN THE CIRCUIT COURT OF ......, ILLINOIS
15
........ JUDICIAL CIRCUIT

 
16IN 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 AND 2 ))
23Now comes ............., petitioner, and respectfully requests
24that this Honorable Court enter an order expunging all juvenile

 

 

10000SB2021sam001- 35 -LRB100 11420 SLF 22288 a

1law enforcement and court records of petitioner and in support
2thereof states that: Petitioner has attained the age of ....,
3his/her birth date being ......, or all Juvenile Court
4proceedings terminated as of ......, whichever occurred later.
5Petitioner was arrested on ..... by the ....... Police
6Department for the offense or offenses of ......., and:
7(Check All That Apply:)
8( ) a. no petition or petitions were filed with the Clerk of
9the Circuit Court.
10( ) b. was charged with ...... and was found not delinquent of
11the offense or offenses.
12( ) c. a petition or petitions were filed and the petition or
13petitions were dismissed without a finding of delinquency on
14.....
15( ) d. on ....... placed under supervision pursuant to Section
165-615 of the Juvenile Court Act of 1987 and such order of
17supervision successfully terminated on ........
18( ) e. was adjudicated for the offense or offenses and 2 years
19have passed since the adjudication , which would have been a
20Class B misdemeanor, a Class C misdemeanor, or a petty offense
21or business offense if committed by an adult.
22Petitioner .... has .... has not been arrested on charges in
23this or any county other than the charges listed above. If
24petitioner has been arrested on additional charges, please list
25the charges below:
26Charge(s): ......

 

 

10000SB2021sam001- 36 -LRB100 11420 SLF 22288 a

1Arresting Agency or Agencies: ...........
2Disposition/Result: (choose from a. through e., above): .....
3WHEREFORE, the petitioner respectfully requests this Honorable
4Court to (1) order all law enforcement agencies to expunge all
5records of petitioner to this incident or incidents, and (2) to
6order the Clerk of the Court to expunge all records concerning
7the petitioner regarding this incident or incidents.
 
8
......................
9
Petitioner (Signature)

 
10
..........................
11
Petitioner's Street Address

 
12
.....................
13
City, State, Zip Code

 
14
.............................
15
Petitioner's Telephone Number

 
16Pursuant to the penalties of perjury under the Code of Civil
17Procedure, 735 ILCS 5/1-109, I hereby certify that the
18statements in this petition are true and correct, or on
19information and belief I believe the same to be true.
 
20
......................

 

 

10000SB2021sam001- 37 -LRB100 11420 SLF 22288 a

1
Petitioner (Signature)
2The Petition for Expungement for subsection (2) shall be
3substantially in the following form:
 
4
IN THE CIRCUIT COURT OF ........, ILLINOIS
5
........ JUDICIAL CIRCUIT

 
6IN THE INTEREST OF )    NO.
7                   )
8                   )
9...................)
10(Name of Petitioner)
 
11
PETITION TO EXPUNGE JUVENILE RECORDS
12
(705 ILCS 405/5-915 (SUBSECTION 2))
13
(Please prepare a separate petition for each offense)
14Now comes ............, petitioner, and respectfully requests
15that this Honorable Court enter an order expunging all Juvenile
16Law Enforcement and Court records of petitioner and in support
17thereof states that:
18The incident for which the Petitioner seeks expungement
19occurred before the Petitioner's 18th birthday and did not
20result in proceedings in criminal court and the Petitioner has
21not had any convictions for any crime since his/her 18th
22birthday; and
23The incident for which the Petitioner seeks expungement

 

 

10000SB2021sam001- 38 -LRB100 11420 SLF 22288 a

1occurred before the Petitioner's 18th birthday and the
2adjudication was not based upon first-degree murder or sex
3offenses which would be felonies if committed by an adult, and
4the Petitioner has not had any convictions for any crime since
5his/her 18th birthday.
6Petitioner was arrested on ...... by the ....... Police
7Department for the offense of ........, and:
8(Check whichever one occurred the latest:)
9( ) a. The Petitioner has attained the age of 21 years, his/her
10birthday being .......; or
11( ) b. 5 years have elapsed since all juvenile court
12proceedings relating to the Petitioner have been terminated; or
13the Petitioner's commitment to the Department of Juvenile
14Justice pursuant to the expungement of juvenile law enforcement
15and court records provisions of the Juvenile Court Act of 1987
16has been terminated. Petitioner ...has ...has not been arrested
17on charges in this or any other county other than the charge
18listed above. If petitioner has been arrested on additional
19charges, please list the charges below:
20Charge(s): ..........
21Arresting Agency or Agencies: .......
22Disposition/Result: (choose from a or b, above): ..........
23WHEREFORE, the petitioner respectfully requests this Honorable
24Court to (1) order all law enforcement agencies to expunge all
25records of petitioner related to this incident, and (2) to
26order the Clerk of the Court to expunge all records concerning

 

 

10000SB2021sam001- 39 -LRB100 11420 SLF 22288 a

1the petitioner regarding this incident.
 
2
.......................
3
Petitioner (Signature)

 
4
......................
5
Petitioner's Street Address

 
6
.....................
7
City, State, Zip Code
8
.............................
9
Petitioner's Telephone Number

 
10Pursuant to the penalties of perjury under the Code of Civil
11Procedure, 735 ILCS 5/1-109, I hereby certify that the
12statements in this petition are true and correct, or on
13information and belief I believe the same to be true.
14
......................
15
Petitioner (Signature)
16    (3) The chief judge of the circuit in which an arrest was
17made or a charge was brought or any judge of that circuit
18designated by the chief judge may, upon verified petition of a
19person who is the subject of an arrest or a juvenile court
20proceeding under subsection (1) or (2) of this Section, order
21the law enforcement records or official court file, or both, to
22be expunged from the official records of the arresting

 

 

10000SB2021sam001- 40 -LRB100 11420 SLF 22288 a

1authority, the clerk of the circuit court and the Department of
2State Police. The person whose records are to be expunged shall
3petition the court using the appropriate form containing his or
4her current address and shall promptly notify the clerk of the
5circuit court of any change of address. Notice of the petition
6shall be served upon the State's Attorney or prosecutor charged
7with the duty of prosecuting the offense, the Department of
8State Police, and the arresting agency or agencies by the clerk
9of the circuit court. If an objection is filed within 45 days
10of the notice of the petition, the clerk of the circuit court
11shall set a date for hearing after the 45-day 45 day objection
12period. At the hearing the court shall hear evidence on whether
13the expungement should or should not be granted. Unless the
14State's Attorney or prosecutor, the Department of State Police,
15or an arresting agency objects to the expungement within 45
16days of the notice, the court may enter an order granting
17expungement. The clerk shall forward a certified copy of the
18order to the Department of State Police and deliver a certified
19copy of the order to the arresting agency.
20    (3.1) The Notice of Expungement shall be in substantially
21the following form:
22
IN THE CIRCUIT COURT OF ....., ILLINOIS
23
.... JUDICIAL CIRCUIT

 
24IN THE INTEREST OF )    NO.
25                   )

 

 

10000SB2021sam001- 41 -LRB100 11420 SLF 22288 a

1                   )
2...................)
3(Name of Petitioner)
 
4
NOTICE
5TO:  State's Attorney
6TO:  Arresting Agency
7
8................
9................
10
11................
12................
13TO:  Illinois State Police
14
15.....................
16
17.....................
18ATTENTION: Expungement
19You are hereby notified that on ....., at ....., in courtroom
20..., located at ..., before the Honorable ..., Judge, or any
21judge sitting in his/her stead, I shall then and there present
22a Petition to Expunge Juvenile records in the above-entitled
23matter, at which time and place you may appear.
24
......................
25
Petitioner's Signature

 

 

10000SB2021sam001- 42 -LRB100 11420 SLF 22288 a

1
...........................
2
Petitioner's Street Address
3
.....................
4
City, State, Zip Code
5
.............................
6
Petitioner's Telephone Number
7
PROOF OF SERVICE
8On the ....... day of ......, 20..., I on oath state that I
9served this notice and true and correct copies of the
10above-checked documents by:
11(Check One:)
12delivering copies personally to each entity to whom they are
13directed;
14or
15by mailing copies to each entity to whom they are directed by
16depositing the same in the U.S. Mail, proper postage fully
17prepaid, before the hour of 5:00 p.m., at the United States
18Postal Depository located at .................
19
.........................................
20
21Signature
22
Clerk of the Circuit Court or Deputy Clerk
23Printed Name of Delinquent Minor/Petitioner: ....
24Address: ........................................
25Telephone Number: ...............................
26    (3.2) The Order of Expungement shall be in substantially

 

 

10000SB2021sam001- 43 -LRB100 11420 SLF 22288 a

1the following form:
2
IN THE CIRCUIT COURT OF ....., ILLINOIS
3
.... JUDICIAL CIRCUIT

 
4IN THE INTEREST OF )    NO.
5                   )
6                   )
7...................)
8(Name of Petitioner)
 
9DOB ................
10Arresting Agency/Agencies ......
11
ORDER OF EXPUNGEMENT
12
(705 ILCS 405/5-915 (SUBSECTION 3))
13This matter having been heard on the petitioner's motion and
14the court being fully advised in the premises does find that
15the petitioner is indigent or has presented reasonable cause to
16waive all costs in this matter, IT IS HEREBY ORDERED that:
17    ( ) 1. Clerk of Court and Department of State Police costs
18are hereby waived in this matter.
19    ( ) 2. The Illinois State Police Bureau of Identification
20and the following law enforcement agencies expunge all records
21of petitioner relating to an arrest dated ...... for the
22offense of ......
23
Law Enforcement Agencies:
24
.........................

 

 

10000SB2021sam001- 44 -LRB100 11420 SLF 22288 a

1
.........................
2    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
3Court expunge all records regarding the above-captioned case.
4
ENTER: ......................
5
6JUDGE
7DATED: .......
8Name:
9Attorney for:
10Address: City/State/Zip:
11Attorney Number:
12    (3.3) The Notice of Objection shall be in substantially the
13following form:
14
IN THE CIRCUIT COURT OF ....., ILLINOIS
15
....................... JUDICIAL CIRCUIT

 
16IN THE INTEREST OF )    NO.
17                   )
18                   )
19...................)
20(Name of Petitioner)
 
21
NOTICE OF OBJECTION
22TO:(Attorney, Public Defender, Minor)
23.................................
24.................................

 

 

10000SB2021sam001- 45 -LRB100 11420 SLF 22288 a

1TO:(Illinois State Police)
2.................................
3.................................
4TO:(Clerk of the Court)
5.................................
6.................................
7TO:(Judge)
8.................................
9.................................
10TO:(Arresting Agency/Agencies)
11.................................
12.................................
13ATTENTION: You are hereby notified that an objection has been
14filed by the following entity regarding the above-named minor's
15petition for expungement of juvenile records:
16( ) State's Attorney's Office;
17( ) Prosecutor (other than State's Attorney's Office) charged
18with the duty of prosecuting the offense sought to be expunged;
19( ) Department of Illinois State Police; or
20( ) Arresting Agency or Agencies.
21The agency checked above respectfully requests that this case
22be continued and set for hearing on whether the expungement
23should or should not be granted.
24DATED: .......
25Name:
26Attorney For:

 

 

10000SB2021sam001- 46 -LRB100 11420 SLF 22288 a

1Address:
2City/State/Zip:
3Telephone:
4Attorney No.:
5
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
6This matter has been set for hearing on the foregoing
7objection, on ...... in room ...., located at ....., before the
8Honorable ....., Judge, or any judge sitting in his/her stead.
9(Only one hearing shall be set, regardless of the number of
10Notices of Objection received on the same case).
11A copy of this completed Notice of Objection containing the
12court date, time, and location, has been sent via regular U.S.
13Mail to the following entities. (If more than one Notice of
14Objection is received on the same case, each one must be
15completed with the court date, time and location and mailed to
16the following entities):
17( ) Attorney, Public Defender or Minor;
18( ) State's Attorney's Office;
19( ) Prosecutor (other than State's Attorney's Office) charged
20with the duty of prosecuting the offense sought to be expunged;
21( ) Department of Illinois State Police; and
22( ) Arresting agency or agencies.
23Date: ......
24Initials of Clerk completing this section: .....
25    (4)(a) Upon entry of an order expunging records or files,
26the offense, which the records or files concern shall be

 

 

10000SB2021sam001- 47 -LRB100 11420 SLF 22288 a

1treated as if it never occurred. Law enforcement officers and
2other public offices and agencies shall properly reply on
3inquiry that no record or file exists with respect to the
4person.
5    (a-5) The Department of State Police and local arresting
6agency shall send written notice to the minor of the
7expungement of any records within 60 days of automatic
8expungement or the date of service of an expungement order,
9whichever applies. If a minor's court file has been expunged,
10the clerk of the circuit court shall send written notice to the
11minor of the expungement of any records within 60 days of
12automatic expungement or the date of service of an expungement
13order, whichever applies.
14    (b) Except with respect to authorized military personnel,
15an expunged juvenile record may not be considered by any
16private or public entity in employment matters, certification,
17licensing, revocation of certification or licensure, or
18registration. Applications for employment within the State
19must contain specific language that states that the applicant
20is not obligated to disclose expunged juvenile records of
21adjudication or arrest. Employers may not ask, in any format or
22context, if an applicant has had a juvenile record expunged.
23Information about an expunged record obtained by a potential
24employer, even inadvertently, from an employment application
25that does not contain specific language that states that the
26applicant is not obligated to disclose expunged juvenile

 

 

10000SB2021sam001- 48 -LRB100 11420 SLF 22288 a

1records of adjudication or arrest, shall be treated as
2dissemination of an expunged record by the employer.
3    (c) A person whose juvenile records have been expunged is
4not entitled to remission of any fines, costs, or other money
5paid as a consequence of expungement.
6    (5) (Blank). Records which have not been expunged are
7sealed, and may be obtained only under the provisions of
8Sections 5-901, 5-905 and 5-915.
9    (5.5) (a) Whether or not expunged, records eligible for
10automatic expungement under subdivision (0.1)(a), (0.2)(a), or
11(0.3)(a) may be treated as expunged by the individual subject
12to the records.
13    (b) Whether or not expunged, dissemination by any law
14enforcement officer or agency, an official of the juvenile
15court, any municipal, county or State agency or department
16subject to an order of expungement or any individual employed
17by an agency or department of any information contained in
18records eligible for automatic expungement under subdivision
19(0.1)(a), (0.2)(a), or (0.3)(a) shall be treated as
20dissemination of expunged records.
21    (6) Nothing in this Section shall be construed to prohibit
22the maintenance of information relating to an offense after
23records or files concerning the offense have been expunged if
24the information is kept in a manner that does not enable
25identification of the individual offender. This information
26may only be used for anonymous statistical and bona fide

 

 

10000SB2021sam001- 49 -LRB100 11420 SLF 22288 a

1research purposes.
2    (6.5) (Blank). The Department of State Police or any
3employee of the Department shall be immune from civil or
4criminal liability for failure to expunge any records of arrest
5that are subject to expungement under subsection (1.5) or (1.6)
6of this Section because of inability to verify a record.
7Nothing in subsection (1.5) or (1.6) of this Section shall
8create Department of State Police liability or responsibility
9for the expungement of law enforcement records it does not
10possess.
11    (7)(a) The State Appellate Defender shall establish,
12maintain, and carry out, by December 31, 2004, a juvenile
13expungement program to provide information and assistance to
14minors eligible to have their juvenile records expunged.
15    (b) The State Appellate Defender shall develop brochures,
16pamphlets, and other materials in printed form and through the
17agency's World Wide Web site. The pamphlets and other materials
18shall include at a minimum the following information:
19        (i) An explanation of the State's juvenile expungement
20    laws, including both automatic expungement and expungement
21    by petition process;
22        (ii) The circumstances under which juvenile
23    expungement may occur;
24        (iii) The juvenile offenses that may be expunged;
25        (iv) The steps necessary to initiate and complete the
26    juvenile expungement process; and

 

 

10000SB2021sam001- 50 -LRB100 11420 SLF 22288 a

1        (v) Directions on how to contact the State Appellate
2    Defender.
3    (c) The State Appellate Defender shall establish and
4maintain a statewide toll-free telephone number that a person
5may use to receive information or assistance concerning the
6expungement of juvenile records. The State Appellate Defender
7shall advertise the toll-free telephone number statewide. The
8State Appellate Defender shall develop an expungement
9information packet that may be sent to eligible persons seeking
10expungement of their juvenile records, which may include, but
11is not limited to, a pre-printed expungement petition with
12instructions on how to complete the petition and a pamphlet
13containing information that would assist individuals through
14the juvenile expungement process.
15    (d) The State Appellate Defender shall compile a statewide
16list of volunteer attorneys willing to assist eligible
17individuals through the juvenile expungement process.
18    (e) This Section shall be implemented from funds
19appropriated by the General Assembly to the State Appellate
20Defender for this purpose. The State Appellate Defender shall
21employ the necessary staff and adopt the necessary rules for
22implementation of this Section.
23    (7.5) (a) Dissemination of any information contained in an
24expunged record shall be treated as a Class B Misdemeanor and
25punishable by a fine of $1,000. Dissemination by an employee of
26any municipal, county, or State agency, including law

 

 

10000SB2021sam001- 51 -LRB100 11420 SLF 22288 a

1enforcement, shall be grounds for unpaid suspension upon the
2first offense, and dismissal upon any subsequent offense.
3    (b) Dissemination for financial gain of any information
4contained in an expunged record shall be treated as a Class 4
5felony. Dissemination for financial gain by an employee of any
6municipal, county, or State agency, including law enforcement,
7shall result in immediate termination.
8    (c) The person whose record was expunged has a right of
9action against any person who intentionally disseminates an
10expunged record. In the proceeding, punitive damages up to an
11amount of $1,000 may be sought in addition to any actual
12damages. The prevailing party shall be entitled to costs and
13reasonable attorney fees.
14    (d) The punishments for dissemination of an expunged record
15shall never apply to the person whose record was expunged.
16    (8)(a) An Except with respect to law enforcement agencies,
17the Department of Corrections, State's Attorneys, or other
18prosecutors, an expunged juvenile record may not be considered
19by any private or public entity in employment matters,
20certification, licensing, revocation of certification or
21licensure, or registration. Applications for employment must
22contain specific language that states that the applicant is not
23obligated to disclose expunged juvenile records of
24adjudication, conviction, or arrest. Employers may not ask if
25an applicant has had a juvenile record expunged. Effective
26January 1, 2005, the Department of Labor shall develop a link

 

 

10000SB2021sam001- 52 -LRB100 11420 SLF 22288 a

1on the Department's website to inform employers that employers
2may not ask if an applicant had a juvenile record expunged and
3that application for employment must contain specific language
4that states that the applicant is not obligated to disclose
5expunged juvenile records of adjudication, arrest, or
6conviction.
7    (b) A person whose juvenile records have been expunged is
8not entitled to remission of any fines, costs, or other money
9paid as a consequence of expungement. This amendatory Act of
10the 93rd General Assembly does not affect the right of the
11victim of a crime to prosecute or defend a civil action for
12damages.
13    (c) The expungement of juvenile records under Section 5-622
14shall be funded by the additional fine imposed under Section
155-9-1.17 of the Unified Code of Corrections and additional
16appropriations made by the General Assembly for such purpose.
17    (9) (Blank). The changes made to this Section by Public Act
1898-61 apply to law enforcement records of a minor who has been
19arrested or taken into custody on or after January 1, 2014 (the
20effective date of Public Act 98-61).
21    (10) (Blank). The changes made in subsection (1.5) of this
22Section by this amendatory Act of the 98th General Assembly
23apply to law enforcement records of a minor who has been
24arrested or taken into custody on or after January 1, 2015. The
25changes made in subsection (1.6) of this Section by this
26amendatory Act of the 98th General Assembly apply to law

 

 

10000SB2021sam001- 53 -LRB100 11420 SLF 22288 a

1enforcement records of a minor who has been arrested or taken
2into custody before January 1, 2015.
3(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
4eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
59-2-16.)
 
6    (705 ILCS 405/5-622 rep.)
7    Section 10. The Juvenile Court Act of 1987 is amended by
8repealing Section 5-622".