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(705 ILCS 405/1-8)
(from Ch. 37, par. 801-8)
Confidentiality and accessibility of juvenile court records.
(A) A juvenile adjudication shall never be considered a conviction nor shall an adjudicated individual be considered a criminal. Unless expressly allowed by law, a juvenile adjudication shall not operate to impose upon the individual any of the civil disabilities ordinarily imposed by or resulting from conviction. Unless expressly allowed by law, adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or from receiving any license granted by public authority. All juvenile records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available. Sealed records may be obtained only under this Section and Section 1-7 and Section 5-915 of this Act, when their use is needed for good cause and with an order from the juvenile court, as required by those not authorized to retain them. Inspection and copying of juvenile court records relating to a minor
who is the subject of a proceeding under this Act shall be restricted to the
(1) The minor who is the subject of record, his
parents, guardian and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing an arrest or search warrant or other compulsory process, or to conducting an ongoing investigation or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang.
Before July 1, 1994, for the purposes of this
Section, "criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts and that has a common name or common identifying sign, symbol or specific color apparel displayed, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers or other individuals assigned by the court to conduct a pre-adjudication or predisposition investigation, and individuals responsible for supervising or providing temporary or permanent care and custody for minors pursuant to the order of the juvenile court when essential to performing their responsibilities.
(4) Judges, prosecutors, public defenders, and
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required under Section 5-805; or
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the subject of a proceeding to determine the amount of bail; or
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the subject of a pre-trial investigation, pre-sentence investigation or fitness hearing, or proceedings on an application for probation; or
(d) when a minor becomes 18 years of age or
older, and is the subject of criminal proceedings, including a hearing to determine the amount of bail, a pre-trial investigation, a pre-sentence investigation, a fitness hearing, or proceedings on an application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access only to the name and address of the minor and information pertaining to the disposition or alternative adjustment plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court and the chief executive of the agency that prepared the particular records; provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as required in Section 6-204 of the Illinois Vehicle Code. However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Illinois Department of Corrections or the Department of Human Services or prosecutors who are evaluating, prosecuting, or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of juvenile court records or the respondent to a petition brought under the Sexually Violent Persons Commitment Act, who is the subject of juvenile court records sought. Any records and any information obtained from those records under this paragraph (11) may be used only in sexually violent persons commitment proceedings.
(A-1) Findings and exclusions of paternity entered in proceedings occurring under Article II of this Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the Department of Healthcare and Family Services under Article X of the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding shall be
provided the same confidentiality regarding disclosure of identity as the
minor who is the subject of record.
(C) Juvenile court
records shall not be made available to the general public. For purposes of inspecting documents under this Section, a civil subpoena is not an order of the court.
(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought.
(0.2) In cases where the records concern a juvenile
court case that is no longer pending, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the minor or the minor's parent or legal guardian, and the matter shall be referred to the chief judge presiding over matters pursuant to this Act.
(0.3) In determining whether records should be made
available for inspection and whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the requesting party's interest in obtaining the information. The State's Attorney, the minor, and the minor's parents, guardian, and counsel shall at all times have the right to examine court files and records.
(0.4) Any records obtained in violation of this
Section shall not be admissible in any criminal or civil proceeding, or operate to disqualify a minor from subsequently holding public office, or operate as a forfeiture of any public benefit, right, privilege, or right to receive any license granted by public authority.
(D) Pending or following any adjudication of delinquency for
any offense defined
in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012,
the victim of any such offense shall receive the
rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication, notwithstanding any other
provision of this Act, shall be treated
as an adult for the purpose of affording such rights to the victim.
(E) Nothing in this Section shall affect the right of a Civil Service
Commission or appointing authority of any state, county or municipality
examining the character and fitness of
an applicant for employment with a law enforcement
agency, correctional institution, or fire department to
whether that applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records of disposition or evidence which were made in
proceedings under this Act.
(F) Following any adjudication of delinquency for a crime which would be
a felony if committed by an adult, or following any adjudication of delinquency
for a violation of Section 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so, shall provide
a copy of the dispositional order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be limited
to the principal or chief administrative officer of the school and any guidance
counselor designated by him.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to juveniles
subject to the provisions of the Serious Habitual Offender Comprehensive
Action Program when that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(H) When a Court hearing a proceeding under Article II of this Act becomes
aware that an earlier proceeding under Article II had been heard in a different
county, that Court shall request, and the Court in which the earlier
proceedings were initiated shall transmit, an authenticated copy of the Court
record, including all documents, petitions, and orders filed therein and the
minute orders, transcript of proceedings, and docket entries of the Court.
(I) The Clerk of the Circuit Court shall report to the Department of
Police, in the form and manner required by the Department of State Police, the
final disposition of each minor who has been arrested or taken into custody
before his or her 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information reported to
the Department under this Section may be maintained with records that the
Department files under Section 2.1 of the Criminal Identification Act.
(J) The changes made to this Section by Public Act 98-61 apply to law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C misdemeanor and each violation is subject to a fine of $1,000. This subsection (K) shall not apply to the person who is the subject of the record.
(L) A person convicted of violating this Section is liable for damages in the amount of $1,000 or actual damages, whichever is greater.
(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18.)