103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3463

 

Introduced 2/8/2024, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-915

    Amends the Juvenile Court Act of 1987. Provides that on the date that the juvenile is adjudicated delinquent, the juvenile court judge shall schedule a date to enter the automatic expungement order. Provides that the juvenile must be notified but shall not be required to be present for the scheduled court date when automatic expungement is to be ordered.


LRB103 36291 RLC 66388 b

 

 

A BILL FOR

 

SB3463LRB103 36291 RLC 66388 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-915 as follows:
 
6    (705 ILCS 405/5-915)
7    Sec. 5-915. Expungement of juvenile law enforcement and
8juvenile court records.
9    (0.05) (Blank).
10    (0.1)(a) The Illinois State Police and all law enforcement
11agencies within the State shall automatically expunge, on or
12before January 1 of each year, except as described in
13paragraph (c) of this subsection (0.1), all juvenile law
14enforcement records relating to events occurring before an
15individual's 18th birthday if:
16        (1) one year or more has elapsed since the date of the
17    arrest or law enforcement interaction documented in the
18    records;
19        (2) no petition for delinquency or criminal charges
20    were filed with the clerk of the circuit court relating to
21    the arrest or law enforcement interaction documented in
22    the records; and
23        (3) 6 months have elapsed since the date of the arrest

 

 

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1    without an additional subsequent arrest or filing of a
2    petition for delinquency or criminal charges whether
3    related or not to the arrest or law enforcement
4    interaction documented in the records.
5    (b) If the law enforcement agency is unable to verify
6satisfaction of conditions (2) and (3) of this subsection
7(0.1), records that satisfy condition (1) of this subsection
8(0.1) shall be automatically expunged if the records relate to
9an offense that if committed by an adult would not be an
10offense classified as a Class 2 felony or higher, an offense
11under Article 11 of the Criminal Code of 1961 or Criminal Code
12of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961.
14    (c) If the juvenile law enforcement record was received
15through a public submission to a statewide student
16confidential reporting system administered by the Illinois
17State Police, the record will be maintained for a period of 5
18years according to all other provisions in this subsection
19(0.1).
20    (0.15) If a juvenile law enforcement record meets
21paragraph (a) of subsection (0.1) of this Section, a juvenile
22law enforcement record created:
23        (1) prior to January 1, 2018, but on or after January
24    1, 2013 shall be automatically expunged prior to January
25    1, 2020;
26        (2) prior to January 1, 2013, but on or after January

 

 

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1    1, 2000, shall be automatically expunged prior to January
2    1, 2023; and
3        (3) prior to January 1, 2000 shall not be subject to
4    the automatic expungement provisions of this Act.
5    Nothing in this subsection (0.15) shall be construed to
6restrict or modify an individual's right to have the person's
7juvenile law enforcement records expunged except as otherwise
8may be provided in this Act.
9    (0.2)(a) Upon dismissal of a petition alleging delinquency
10or upon a finding of not delinquent, the successful
11termination of an order of supervision, or the successful
12termination of an adjudication for an offense which would be a
13Class B misdemeanor, Class C misdemeanor, or a petty or
14business offense if committed by an adult, the court shall
15automatically order the expungement of the juvenile court
16records and juvenile law enforcement records. The clerk shall
17deliver a certified copy of the expungement order to the
18Illinois State Police and the arresting agency. Upon request,
19the State's Attorney shall furnish the name of the arresting
20agency. The expungement shall be completed within 60 business
21days after the receipt of the expungement order.
22    (b) If the chief law enforcement officer of the agency, or
23the chief law enforcement officer's designee, certifies in
24writing that certain information is needed for a pending
25investigation involving the commission of a felony, that
26information, and information identifying the juvenile, may be

 

 

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1retained until the statute of limitations for the felony has
2run. If the chief law enforcement officer of the agency, or the
3chief law enforcement officer's designee, certifies in writing
4that certain information is needed with respect to an internal
5investigation of any law enforcement office, that information
6and information identifying the juvenile may be retained
7within an intelligence file until the investigation is
8terminated or the disciplinary action, including appeals, has
9been completed, whichever is later. Retention of a portion of
10a juvenile's law enforcement record does not disqualify the
11remainder of a juvenile's record from immediate automatic
12expungement.
13    (0.3)(a) Upon an adjudication of delinquency based on any
14offense except a disqualified offense, the juvenile court
15shall automatically order the expungement of the juvenile
16court and law enforcement records 2 years after the juvenile's
17case was closed if no delinquency or criminal proceeding is
18pending and the person has had no subsequent delinquency
19adjudication or criminal conviction. On the date that the
20juvenile is adjudicated delinquent, the juvenile court judge
21shall schedule a date to enter the automatic expungement
22order. The juvenile must be notified but shall not be required
23to be present for the scheduled court date when automatic
24expungement is to be ordered. The clerk shall deliver a
25certified copy of the expungement order to the Illinois State
26Police and the arresting agency. Upon request, the State's

 

 

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1Attorney shall furnish the name of the arresting agency. The
2expungement shall be completed within 60 business days after
3the receipt of the expungement order. In this subsection
4(0.3), "disqualified offense" means any of the following
5offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
610-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
711-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
812-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
912-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
1018-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
1124-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
1231-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
13subsection (b) of Section 8-1, paragraph (4) of subsection (a)
14of Section 11-14.4, subsection (a-5) of Section 12-3.1,
15paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
16subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
17(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
18paragraph (1) of subsection (a) of Section 12-9, subparagraph
19(H) of paragraph (3) of subsection (a) of Section 24-1.6,
20paragraph (1) of subsection (a) of Section 25-1, or subsection
21(a-7) of Section 31-1 of the Criminal Code of 2012.
22    (b) If the chief law enforcement officer of the agency, or
23the chief law enforcement officer's designee, certifies in
24writing that certain information is needed for a pending
25investigation involving the commission of a felony, that
26information, and information identifying the juvenile, may be

 

 

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1retained in an intelligence file until the investigation is
2terminated or for one additional year, whichever is sooner.
3Retention of a portion of a juvenile's juvenile law
4enforcement record does not disqualify the remainder of a
5juvenile's record from immediate automatic expungement.
6    (0.4) Automatic expungement for the purposes of this
7Section shall not require law enforcement agencies to
8obliterate or otherwise destroy juvenile law enforcement
9records that would otherwise need to be automatically expunged
10under this Act, except after 2 years following the subject
11arrest for purposes of use in civil litigation against a
12governmental entity or its law enforcement agency or personnel
13which created, maintained, or used the records. However, these
14juvenile law enforcement records shall be considered expunged
15for all other purposes during this period and the offense,
16which the records or files concern, shall be treated as if it
17never occurred as required under Section 5-923.
18    (0.5) Subsection (0.1) or (0.2) of this Section does not
19apply to violations of traffic, boating, fish and game laws,
20or county or municipal ordinances.
21    (0.6) Juvenile law enforcement records of a plaintiff who
22has filed civil litigation against the governmental entity or
23its law enforcement agency or personnel that created,
24maintained, or used the records, or juvenile law enforcement
25records that contain information related to the allegations
26set forth in the civil litigation may not be expunged until

 

 

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1after 2 years have elapsed after the conclusion of the
2lawsuit, including any appeal.
3    (0.7) Officer-worn body camera recordings shall not be
4automatically expunged except as otherwise authorized by the
5Law Enforcement Officer-Worn Body Camera Act.
6    (1) Whenever a person has been arrested, charged, or
7adjudicated delinquent for an incident occurring before a
8person's 18th birthday that if committed by an adult would be
9an offense, and that person's juvenile law enforcement and
10juvenile court records are not eligible for automatic
11expungement under subsection (0.1), (0.2), or (0.3), the
12person may petition the court at any time at no cost to the
13person for expungement of juvenile law enforcement records and
14juvenile court records relating to the incident and, upon
15termination of all juvenile court proceedings relating to that
16incident, the court shall order the expungement of all records
17in the possession of the Illinois State Police, the clerk of
18the circuit court, and law enforcement agencies relating to
19the incident, but only in any of the following circumstances:
20        (a) the minor was arrested and no petition for
21    delinquency was filed with the clerk of the circuit court;
22        (a-5) the minor was charged with an offense and the
23    petition or petitions were dismissed without a finding of
24    delinquency;
25        (b) the minor was charged with an offense and was
26    found not delinquent of that offense;

 

 

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1        (c) the minor was placed under supervision under
2    Section 5-615, and the order of supervision has since been
3    successfully terminated; or
4        (d) the minor was adjudicated for an offense which
5    would be a Class B misdemeanor, Class C misdemeanor, or a
6    petty or business offense if committed by an adult.
7    (1.5) At no cost to the person, the Illinois State Police
8shall allow a person to use the Access and Review process,
9established in the Illinois State Police, for verifying that
10the person's juvenile law enforcement records relating to
11incidents occurring before the person's 18th birthday eligible
12under this Act have been expunged.
13    (1.6) (Blank).
14    (1.7) (Blank).
15    (1.8) (Blank).
16    (2) Any person whose delinquency adjudications are not
17eligible for automatic expungement under subsection (0.3) of
18this Section may petition the court at no cost to the person to
19expunge all juvenile law enforcement records relating to any
20incidents occurring before the person's 18th birthday which
21did not result in proceedings in criminal court and all
22juvenile court records with respect to any adjudications
23except those based upon first degree murder or an offense
24under Article 11 of the Criminal Code of 2012 if the person is
25required to register under the Sex Offender Registration Act
26at the time the person petitions the court for expungement;

 

 

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1provided that 2 years have elapsed since all juvenile court
2proceedings relating to the person have been terminated and
3the person's commitment to the Department of Juvenile Justice
4under this Act has been terminated.
5    (2.5) If a minor is arrested and no petition for
6delinquency is filed with the clerk of the circuit court at the
7time the minor is released from custody, the youth officer, if
8applicable, or other designated person from the arresting
9agency, shall notify verbally and in writing to the minor or
10the minor's parents or guardians that the minor shall have an
11arrest record and shall provide the minor and the minor's
12parents or guardians with an expungement information packet,
13information regarding this State's expungement laws including
14a petition to expunge juvenile law enforcement and juvenile
15court records obtained from the clerk of the circuit court.
16    (2.6) If a minor is referred to court, then, at the time of
17sentencing, dismissal of the case, or successful completion of
18supervision, the judge shall inform the delinquent minor of
19the minor's rights regarding expungement and the clerk of the
20circuit court shall provide an expungement information packet
21to the minor, written in plain language, including information
22regarding this State's expungement laws and a petition for
23expungement, a sample of a completed petition, expungement
24instructions that shall include information informing the
25minor that (i) once the case is expunged, it shall be treated
26as if it never occurred, (ii) the minor shall not be charged a

 

 

SB3463- 10 -LRB103 36291 RLC 66388 b

1fee to petition for expungement, (iii) once the minor obtains
2an expungement, the minor may not be required to disclose that
3the minor had a juvenile law enforcement or juvenile court
4record, and (iv) if petitioning the minor may file the
5petition on the minor's own or with the assistance of an
6attorney. The failure of the judge to inform the delinquent
7minor of the minor's right to petition for expungement as
8provided by law does not create a substantive right, nor is
9that failure grounds for: (i) a reversal of an adjudication of
10delinquency; (ii) a new trial; or (iii) an appeal.
11    (2.7) (Blank).
12    (2.8) (Blank).
13    (3) (Blank).
14    (3.1) (Blank).
15    (3.2) (Blank).
16    (3.3) (Blank).
17    (4) (Blank).
18    (5) (Blank).
19    (5.5) Whether or not expunged, records eligible for
20automatic expungement under subdivision (0.1)(a), (0.2)(a), or
21(0.3)(a) may be treated as expunged by the individual subject
22to the records.
23    (6) (Blank).
24    (6.5) The Illinois State Police or any employee of the
25Illinois State Police shall be immune from civil or criminal
26liability for failure to expunge any records of arrest that

 

 

SB3463- 11 -LRB103 36291 RLC 66388 b

1are subject to expungement under this Section because of
2inability to verify a record. Nothing in this Section shall
3create Illinois State Police liability or responsibility for
4the expungement of juvenile law enforcement records it does
5not possess.
6    (7) (Blank).
7    (7.5) (Blank).
8    (8) The expungement of juvenile law enforcement or
9juvenile court records under subsection (0.1), (0.2), or (0.3)
10of this Section shall be funded by appropriation by the
11General Assembly for that purpose.
12    (9) (Blank).
13    (10) (Blank).
14(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
15102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
166-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)