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1 |
AMENDMENT TO HOUSE BILL
4566
| ||||||
2 | AMENDMENT NO. ______. Amend
House Bill 4566, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the
| ||||||
4 | following: | ||||||
5 | "Section 5.
The Juvenile Court Act of 1987 is amended by | ||||||
6 | changing Section 5-915 as follows:
| ||||||
7 | (705 ILCS
405/5-915)
| ||||||
8 | Sec. 5-915.
Expungement of juvenile law
enforcement and | ||||||
9 | juvenile court records.
| ||||||
10 | (1) Whenever any person has
attained the age of 17 or | ||||||
11 | whenever all juvenile court proceedings relating to that person
| ||||||
12 | have been terminated, whichever is later, the person may
| ||||||
13 | petition the court to expunge law enforcement records relating
| ||||||
14 | to incidents occurring before his or her 17th birthday or his
| ||||||
15 | or her juvenile court records, or both, but only in the
| ||||||
16 | following circumstances:
| ||||||
17 | (a)
the minor was arrested and no petition for | ||||||
18 | delinquency was filed with the clerk of the circuit court;
| ||||||
19 | or
| ||||||
20 | (b)
the minor was charged with an offense and was found | ||||||
21 | not delinquent of that offense; or
| ||||||
22 | (c)
the minor was placed under supervision pursuant to | ||||||
23 | Section 5-615, and the order of supervision has since been
| ||||||
24 | successfully terminated; or |
| |||||||
| |||||||
1 |
| ||||||
2 | (d)
the minor was adjudicated for an offense which | ||||||
3 | would be a Class B misdemeanor , Class C
misdemeanor, or a | ||||||
4 | petty or business offense if committed by an
adult. | ||||||
5 | (2) Any person may petition
the court to expunge all law | ||||||
6 | enforcement records relating to any incidents occurring before
| ||||||
7 | his or her 17th birthday which did not result in proceedings in
| ||||||
8 | criminal court and all juvenile court records with respect to
| ||||||
9 | any adjudications except those based upon first degree murder
| ||||||
10 | and sex offenses which would be felonies if committed by an
| ||||||
11 | adult, if the person for whom expungement is sought has had no
| ||||||
12 | convictions for any crime since his or her 17th birthday
and:
| ||||||
13 | (a)
has attained the age of 21 years; or
| ||||||
14 | (b)
5 years have elapsed since all juvenile court | ||||||
15 | proceedings relating to him or her have been terminated or
| ||||||
16 | his or her commitment to the Department of Corrections,
| ||||||
17 | Juvenile Division pursuant to this Act has been
terminated; | ||||||
18 | whichever is later of (a) or (b). | ||||||
19 | (2.5) If a minor is
arrested and no petition for | ||||||
20 | delinquency is filed with the clerk of the circuit court as
| ||||||
21 | provided in paragraph (a) of subsection (1) at the time the
| ||||||
22 | minor is released from custody, the youth officer, if
| ||||||
23 | applicable, or other designated person from the arresting
| ||||||
24 | agency, shall notify verbally and in writing to the minor or
| ||||||
25 | the minor's parents or guardians that if the State's Attorney
| ||||||
26 | does not file a petition for delinquency, the minor has a
right | ||||||
27 | to petition to have his or her arrest record expunged when
the | ||||||
28 | minor attains the age of 17 or when all juvenile court
| ||||||
29 | proceedings relating to that minor have been terminated and
| ||||||
30 | that unless a petition to expunge is filed, the minor shall
| ||||||
31 | have an arrest record and shall provide the minor and the
| ||||||
32 | minor's parents or guardians with an expungement information
| ||||||
33 | packet, including a petition to expunge juvenile records
| ||||||
34 | obtained from the clerk of the circuit
court. |
| |||||||
| |||||||
1 | (2.6) If a minor is
charged with an offense and is found | ||||||
2 | not delinquent of that offense; or if a minor is placed under
| ||||||
3 | supervision under Section 5-615, and the order of supervision
| ||||||
4 | is successfully terminated; or if a minor is adjudicated for
an | ||||||
5 | offense that would be a Class B misdemeanor, a Class C
| ||||||
6 | misdemeanor, or a business or petty offense if committed by
an | ||||||
7 | adult; or if a minor has incidents occurring before his or
her | ||||||
8 | 17th birthday that have not resulted in proceedings in
criminal | ||||||
9 | court, or resulted in proceedings in juvenile court, and the
| ||||||
10 | adjudications were not based upon first degree murder or sex
| ||||||
11 | offenses that would be felonies if committed by an adult;
then | ||||||
12 | at the time of sentencing or dismissal of the case, the judge
| ||||||
13 | shall inform the delinquent minor of his or her right to
| ||||||
14 | petition for expungement as provided by law, and the clerk of
| ||||||
15 | the circuit court shall provide an expungement information
| ||||||
16 | packet to the delinquent minor, written in plain language,
| ||||||
17 | including a petition for expungement, a sample of a completed
| ||||||
18 | petition, expungement instructions that shall include
| ||||||
19 | information informing the minor that (i) once the case is
| ||||||
20 | expunged, it shall be treated as if it never occurred, (ii)
he | ||||||
21 | or she may apply to have petition fees waived, (iii) once he
or | ||||||
22 | she obtains an expungement, he or she may not be required to
| ||||||
23 | disclose that he or she had a juvenile record, and (iv) he or
| ||||||
24 | she may file the petition on his or her own or with the
| ||||||
25 | assistance of an attorney. | ||||||
26 | (2.7) For counties with
a population over 3,000,000, the | ||||||
27 | clerk of the circuit court shall send a "Notification of a
| ||||||
28 | Possible Right to Expungement" post card to the minor at the
| ||||||
29 | address last received by the clerk of the circuit court on
the | ||||||
30 | date that the minor attains the age of 17 based on the
| ||||||
31 | birthdate provided to the court by the minor or his or her
| ||||||
32 | guardian in cases under paragraphs (b), (c), and (d) of
| ||||||
33 | subsection (1); and when the minor attains the age of 21
based | ||||||
34 | on the birthdate provided to the court by the minor or his or
|
| |||||||
| |||||||
1 | her guardian in cases under subsection (2). | ||||||
2 | (2.8) The petition for
expungement for subsection (1) shall | ||||||
3 | be substantially in the following
form: | ||||||
4 |
IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
5 |
........JUDICIAL CIRCUIT
| ||||||
6 | IN THE INTEREST OF ) NO. | ||||||
7 | ) | ||||||
8 | ) | ||||||
9 | ...................) | ||||||
10 | (Name of Petitioner) | ||||||
11 |
PETITION TO EXPUNGE JUVENILE
RECORDS | ||||||
12 |
(705 ILCS 405/5-915 (SUBSECTION
1)) | ||||||
13 |
(Please prepare a separate petition for each
offense) | ||||||
14 | Now comes ............., petitioner, and respectfully
requests | ||||||
15 | that this Honorable Court enter an order expunging all
juvenile | ||||||
16 | law enforcement and court records of petitioner and in
support | ||||||
17 | thereof states that: Petitioner has attained the age of 17,
| ||||||
18 | his/her birth date being ......, or all Juvenile Court
| ||||||
19 | proceedings terminated as of ......, whichever occurred
later. | ||||||
20 | Petitioner was arrested on ..... by the ....... Police
| ||||||
21 | Department for the offense of .......,
and: | ||||||
22 | (Check One:) | ||||||
23 | ( ) a. no petition was filed with the Clerk of the Circuit
| ||||||
24 | Court. | ||||||
25 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
26 | the offense. | ||||||
27 | ( ) c. a petition was filed and the petition was dismissed
| ||||||
28 | without a finding of delinquency on ..... | ||||||
29 | ( ) d. on ....... placed under supervision pursuant to
Section | ||||||
30 | 5-615 of the Juvenile Court Act of 1987 and such order of
| ||||||
31 | supervision successfully terminated on
........ | ||||||
32 | ( ) e. was adjudicated for the offense, which would have been
a | ||||||
33 | Class B misdemeanor, a Class C misdemeanor, or a petty
offense |
| |||||||
| |||||||
1 | or business offense if committed by an
adult. | ||||||
2 | Petitioner .... has .... has not been arrested on charges in
| ||||||
3 | this or any county other than the charges listed above. If
| ||||||
4 | petitioner has been arrested on additional charges, please
list | ||||||
5 | the charges below: | ||||||
6 | Charge(s): ...... | ||||||
7 | Arresting Agency or Agencies: ........... | ||||||
8 | Disposition/Result: (choose from a. through e., above):
..... | ||||||
9 | WHEREFORE, the petitioner respectfully requests this
Honorable | ||||||
10 | Court to (1) order all law enforcement agencies to expunge
all | ||||||
11 | records of petitioner to this incident, and (2) to order the
| ||||||
12 | Clerk of the Court to expunge all records concerning the
| ||||||
13 | petitioner regarding this
incident. | ||||||
14 |
......................
| ||||||
15 |
Petitioner (Signature)
| ||||||
16 |
..........................
| ||||||
17 |
Petitioner's Street
Address | ||||||
18 |
.....................
| ||||||
19 |
City, State, Zip
code | ||||||
20 |
............................. | ||||||
21 |
Petitioner's Telephone
Number | ||||||
22 | Pursuant to the penalties of perjury under the Code of Civil
| ||||||
23 | Procedure, 735 ILCS 5/1-109, I hereby certify that the
| ||||||
24 | statements in this petition are true and correct, or on
| ||||||
25 | information and belief I believe the same to be
true. | ||||||
26 |
...................... | ||||||
27 |
Petitioner (Signature)
| ||||||
28 | The Petition for Expungement for subsection (2) shall be
|
| |||||||
| |||||||
1 | substantially in the following
form: | ||||||
2 |
IN THE CIRCUIT COURT OF ........,
ILLINOIS | ||||||
3 |
........ JUDICIAL CIRCUIT | ||||||
4 | IN THE INTEREST OF ) NO. | ||||||
5 | ) | ||||||
6 | ) | ||||||
7 | ...................) | ||||||
8 | (Name of Petitioner) | ||||||
9 |
PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
10 |
(705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
11 |
(Please prepare a separate petition for each
offense)
| ||||||
12 | Now comes ............, petitioner, and respectfully requests
| ||||||
13 | that this Honorable Court enter an order expunging all
Juvenile | ||||||
14 | Law Enforcement and Court records of petitioner and in
support | ||||||
15 | thereof states that: | ||||||
16 | The incident for which the Petitioner seeks expungement
| ||||||
17 | occurred before the Petitioner's 17th birthday and did not
| ||||||
18 | result in proceedings in criminal court and the Petitioner
has | ||||||
19 | not had any convictions for any crime since his/her 17th
| ||||||
20 | birthday; and | ||||||
21 | The incident for which the Petitioner seeks expungement
| ||||||
22 | occurred before the Petitioner's 17th birthday and the
| ||||||
23 | adjudication was not based upon first-degree murder or sex
| ||||||
24 | offenses which would be felonies if committed by an adult,
and | ||||||
25 | the Petitioner has not had any convictions for any crime
since | ||||||
26 | his/her 17th birthday. | ||||||
27 | Petitioner was arrested on ...... by the ....... Police
| ||||||
28 | Department for the offense of ........, and: | ||||||
29 | (Check whichever one occurred the latest:) | ||||||
30 | ( ) a. The Petitioner has attained the age of 21 years,
his/her | ||||||
31 | birthday being .......; or | ||||||
32 | ( ) b. 5 years have elapsed since all juvenile court
| ||||||
33 | proceedings relating to the Petitioner have been terminated;
or |
| |||||||
| |||||||
1 | the Petitioner's commitment to the Department of Corrections,
| ||||||
2 | Juvenile Division, pursuant to the expungement of juvenile
law | ||||||
3 | enforcement and court records provisions of the Juvenile
Court | ||||||
4 | Act of 1987 has been terminated. Petitioner ...has ...has not
| ||||||
5 | been arrested on charges in this or any other county other
than | ||||||
6 | the charge listed above. If petitioner has been arrested on
| ||||||
7 | additional charges, please list the charges
below: | ||||||
8 | Charge(s): .......... | ||||||
9 | Arresting Agency or Agencies: ....... | ||||||
10 | Disposition/Result: (choose from a or b, above):
.......... | ||||||
11 | WHEREFORE, the petitioner respectfully requests this
Honorable | ||||||
12 | Court to (1) order all law enforcement agencies to expunge
all | ||||||
13 | records of petitioner related to this incident, and (2) to
| ||||||
14 | order the Clerk of the Court to expunge all records
concerning | ||||||
15 | the petitioner regarding this
incident. | ||||||
16 |
.......................
| ||||||
17 |
Petitioner
(Signature) | ||||||
18 |
...................... | ||||||
19 |
Petitioner's Street
Address
| ||||||
20 |
..................... | ||||||
21 |
City, State, Zip code | ||||||
22 |
............................. | ||||||
23 |
Petitioner's Telephone
Number | ||||||
24 | Pursuant to the penalties of perjury under the Code of Civil
| ||||||
25 | Procedure, 735 ILCS 5/1-109, I hereby certify that the
| ||||||
26 | statements in this petition are true and correct, or on
| ||||||
27 | information and belief I believe the same to be
true. | ||||||
28 |
...................... | ||||||
29 |
Petitioner (Signature)
| ||||||
30 | (3) The chief judge of the
circuit in which an arrest was |
| |||||||
| |||||||
1 | made or a charge was brought or any judge of that circuit
| ||||||
2 | designated by the chief judge may, upon verified petition of a
| ||||||
3 | person who is the subject of an arrest or a juvenile court
| ||||||
4 | proceeding under subsection (1) or (2) of this Section, order
| ||||||
5 | the law enforcement records or official court file, or both, to
| ||||||
6 | be expunged from the official records of the arresting
| ||||||
7 | authority, the clerk of the circuit court and the Department of
| ||||||
8 | State Police. The person whose records are to be
expunged shall | ||||||
9 | petition the court using the appropriate form containing his
or | ||||||
10 | her current address and shall promptly notify the clerk of
the | ||||||
11 | circuit court of any change of address.
Notice of the petition | ||||||
12 | shall be served upon the State's Attorney or
prosecutor charged | ||||||
13 | with the duty of prosecuting the offense, the Department of
| ||||||
14 | State Police, and the arresting agency or agencies by the
clerk | ||||||
15 | of the circuit court. If an objection is filed within 90 days
| ||||||
16 | of the notice of the petition, the clerk of the circuit court
| ||||||
17 | shall set a date for hearing after the 90 day objection
period. | ||||||
18 | At the hearing the court shall hear evidence on whether the
| ||||||
19 | expungement should or should not be granted. Unless the
State's | ||||||
20 | Attorney or prosecutor, the Department of State Police, or an
| ||||||
21 | arresting agency objects to the expungement within 90 days of
| ||||||
22 | the notice, the court may enter an order granting
expungement. | ||||||
23 | The person whose records are to be expunged shall pay the
clerk | ||||||
24 | of the circuit court a fee equivalent to the cost associated
| ||||||
25 | with expungement of records by the clerk and the Department
of | ||||||
26 | State Police. The clerk shall forward a certified copy of the
| ||||||
27 | order to the Department of State Police, the appropriate
| ||||||
28 | portion of the fee to the Department of State Police for
| ||||||
29 | processing, and deliver a certified copy of the order to the
| ||||||
30 | arresting agency. and
upon the arresting authority which is the | ||||||
31 | subject of the petition for
expungement . | ||||||
32 | (3.1) The Notice of
Expungement shall be in substantially | ||||||
33 | the following form: | ||||||
34 |
IN THE CIRCUIT COURT OF .....,
ILLINOIS
|
| |||||||
| |||||||
1 |
.... JUDICIAL CIRCUIT
| ||||||
2 | IN THE INTEREST OF ) NO. | ||||||
3 | ) | ||||||
4 | ) | ||||||
5 | ...................) | ||||||
6 | (Name of Petitioner) | ||||||
7 |
NOTICE
| ||||||
8 | TO: State's Attorney TO: Arresting Agency | ||||||
9 | ................ ................ | ||||||
10 | ................ ................ | ||||||
11 | TO: Illinois State Police | ||||||
12 | ..................... | ||||||
13 | ..................... | ||||||
14 | |||||||
15 |
| ||||||
16 | ATTENTION: Expungement | ||||||
17 |
| ||||||
18 | You are hereby notified that on ....., at ....., in
| ||||||
19 | courtroom ..., located at ..., before the Honorable ...,
| ||||||
20 | Judge, or any judge sitting in his/her stead, I shall then
| ||||||
21 | and there present a Petition to Expunge Juvenile records in
| ||||||
22 | the above-entitled matter, at which time and place you may
| ||||||
23 | appear. | ||||||
24 |
...................... | ||||||
25 |
Petitioner's Signature | ||||||
26 |
...........................
| ||||||
27 | |||||||
28 |
Petitioner's Street
Address | ||||||
29 |
..................... | ||||||
30 |
| ||||||
31 |
City, State, Zip code | ||||||
32 |
............................. | ||||||
33 |
Petitioner's Telephone
Number | ||||||
34 |
PROOF OF SERVICE
|
| |||||||
| |||||||
1 | |||||||
2 | On the ....... day of ......, 20..., I on oath state that I
| ||||||
3 | served this notice and true and correct copies of the
| ||||||
4 | above-checked documents by: | ||||||
5 | (Check One:) | ||||||
6 | delivering copies personally to each entity to whom they are
| ||||||
7 | directed; | ||||||
8 | or | ||||||
9 | by mailing copies to each entity to whom they are directed
| ||||||
10 | by depositing the same in the U.S. Mail, proper postage
| ||||||
11 | fully prepaid, before the hour of 5:00 p.m., at the United
| ||||||
12 | States Postal Depository located at
................. | ||||||
13 |
......................................... | ||||||
14 | Signature | ||||||
15 |
Clerk of the Circuit Court or Deputy
Clerk | ||||||
16 | Printed Name of Delinquent Minor/Petitioner:
.... | ||||||
17 | Address:
........................................ | ||||||
18 | Telephone Number:
............................... | ||||||
19 | (3.2) The Order of
Expungement shall be in substantially | ||||||
20 | the following form: | ||||||
21 |
IN THE CIRCUIT COURT OF .....,
ILLINOIS
| ||||||
22 |
.... JUDICIAL CIRCUIT
| ||||||
23 | IN THE INTEREST OF ) NO. | ||||||
24 | ) | ||||||
25 | ) | ||||||
26 | ...................) | ||||||
27 | (Name of Petitioner) | ||||||
28 | DOB ................ | ||||||
29 | Arresting Agency/Agencies ...... | ||||||
30 |
ORDER OF EXPUNGEMENT
| ||||||
31 |
(705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
32 | This matter having been heard on the petitioner's motion and
| ||||||
33 | the court being fully advised in the premises does find that
| ||||||
34 | the petitioner in indigent or has presented reasonable cause
to |
| |||||||
| |||||||
1 | waive all costs in this matter, IT IS HEREBY ORDERED
that: | ||||||
2 | ( ) 1. Clerk of Court
and Department of State Police costs | ||||||
3 | are hereby waived in this matter. | ||||||
4 | ( ) 2. The Illinois
State Police Bureau of Identification | ||||||
5 | and the following law enforcement agencies expunge all
records | ||||||
6 | of petitioner relating to an arrest dated ...... for the
| ||||||
7 | offense of ...... | ||||||
8 |
Law Enforcement Agencies:
| ||||||
9 |
.........................
| ||||||
10 |
.........................
| ||||||
11 | ( ) 3. IT IS FURTHER
ORDERED that the Clerk of the Circuit | ||||||
12 | Court expunge all records regarding the above-captioned
case. | ||||||
13 |
ENTER: ......................
| ||||||
14 | JUDGE
| ||||||
15 | |||||||
16 | DATED: ....... | ||||||
17 | Name: | ||||||
18 | Attorney for: | ||||||
19 | Address: City/State/Zip:
| ||||||
20 | Attorney Number: | ||||||
21 | (3.3) The Notice of
Objection shall be in substantially the | ||||||
22 | following form: | ||||||
23 |
IN THE CIRCUIT COURT OF .....,
ILLINOIS
| ||||||
24 |
....................... JUDICIAL
CIRCUIT
| ||||||
25 | IN THE INTEREST OF ) NO. | ||||||
26 | ) | ||||||
27 | ) | ||||||
28 | ...................) | ||||||
29 | (Name of Petitioner) | ||||||
30 |
NOTICE OF OBJECTION
| ||||||
31 | TO:(Attorney, Public Defender, Minor) | ||||||
32 | ................................. | ||||||
33 | ................................. | ||||||
34 | TO:(Illinois State Police) |
| |||||||
| |||||||
1 | ................................. | ||||||
2 | ................................. | ||||||
3 | TO:(Clerk of the Court) | ||||||
4 | ................................. | ||||||
5 | ................................. | ||||||
6 | TO:(Judge) | ||||||
7 | ................................. | ||||||
8 | ................................. | ||||||
9 | TO:(Arresting Agency/Agencies) | ||||||
10 | ................................. | ||||||
11 | ................................. | ||||||
12 | ATTENTION: You are hereby notified that an objection has been
| ||||||
13 | filed by the following entity regarding the above-named
minor's | ||||||
14 | petition for expungement of juvenile
records: | ||||||
15 | ( ) State's Attorney's Office
| ||||||
16 | ( ) Prosecutor (other than State's Attorney's Office) charged
| ||||||
17 | with the duty of prosecuting the offense sought to be
expunged | ||||||
18 | ( ) Department of Illinois State Police
| ||||||
19 | ( ) Arresting Agency or Agencies
| ||||||
20 | The agency checked above respectfully requests that this case
| ||||||
21 | be continued and set for hearing on whether the expungement
| ||||||
22 | should or should not be granted.
| ||||||
23 | DATED: ....... | ||||||
24 | Name: | ||||||
25 | Attorney For: | ||||||
26 | Address: | ||||||
27 | City/State/Zip: | ||||||
28 | Telephone: | ||||||
29 | Attorney No.:
| ||||||
30 |
FOR USE BY CLERK OF THE COURT PERSONNEL
ONLY
| ||||||
31 | This matter has been set for hearing on the foregoing
| ||||||
32 | objection, on ...... in room ...., located at ....., before
the | ||||||
33 | Honorable ....., Judge, or any judge sitting in his/her
stead. | ||||||
34 | (Only one hearing shall be set, regardless of the number of
|
| |||||||
| |||||||
1 | Notices of Objection received on the same
case). | ||||||
2 | A copy of this completed Notice of Objection containing the
| ||||||
3 | court date, time, and location, has been sent via regular
U.S. | ||||||
4 | Mail to the following entities. (If more than one Notice of
| ||||||
5 | Objection is received on the same case, each one must be
| ||||||
6 | completed with the court date, time and location and mailed
to | ||||||
7 | the following entities):
| ||||||
8 | ( ) Attorney, Public Defender or Minor;
| ||||||
9 | ( ) State's Attorney's Office; | ||||||
10 | ( ) Prosecutor (other than State's Attorney's Office) charged
| ||||||
11 | with the duty of prosecuting the offense sought to be
expunged; | ||||||
12 | ( ) Department of Illinois State Police; and | ||||||
13 | ( ) Arresting agency or agencies.
| ||||||
14 | Date: ...... | ||||||
15 | Initials of Clerk completing this section:
.....
| ||||||
16 | (4) Upon entry of an order
expunging records or files, the | ||||||
17 | offense, which the records or files concern shall be treated as
| ||||||
18 | if it never occurred. Law enforcement officers and other public
| ||||||
19 | offices and agencies shall properly reply on inquiry that no
| ||||||
20 | record or file exists with respect to the person.
| ||||||
21 | (5) Records which have not
been expunged are sealed, and | ||||||
22 | may be obtained only under the provisions of Sections 5-901,
| ||||||
23 | 5-905 and 5-915. | ||||||
24 | (6) Nothing in this Section
shall be construed to prohibit | ||||||
25 | the maintenance of information relating to an offense after
| ||||||
26 | records or files concerning the offense have been expunged if
| ||||||
27 | the information is kept in a manner that does not enable
| ||||||
28 | identification of the offender. This information may only be
| ||||||
29 | used for statistical and bona fide research
purposes. | ||||||
30 | (7)(a) The State
Appellate Defender shall establish, | ||||||
31 | maintain, and carry out, by December 31, 2004, a juvenile
| ||||||
32 | expungement program to provide information and assistance to
| ||||||
33 | minors eligible to have their juvenile records
expunged. | ||||||
34 | (b) The State Appellate
Defender shall develop brochures, |
| |||||||
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1 | pamphlets, and other materials in printed form and through
the | ||||||
2 | agency's World Wide Web site. The pamphlets and other
materials | ||||||
3 | shall include at a minimum the following
information:
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4 | (i)
An explanation of the State's juvenile expungement | ||||||
5 | process; | ||||||
6 | (ii)
The circumstances under which juvenile | ||||||
7 | expungement may occur; | ||||||
8 | (iii)
The juvenile offenses that may be expunged; | ||||||
9 | (iv)
The steps necessary to initiate and complete the | ||||||
10 | juvenile expungement process; and | ||||||
11 | (v)
Directions on how to contact the State Appellate | ||||||
12 | Defender. | ||||||
13 | (c) The State Appellate
Defender shall establish and | ||||||
14 | maintain a statewide toll-free telephone number that a person
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15 | may use to receive information or assistance concerning the
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16 | expungement of juvenile records. The State Appellate Defender
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17 | shall advertise the toll-free telephone number statewide. The
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18 | State Appellate Defender shall develop an expungement
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19 | information packet that may be sent to eligible persons
seeking | ||||||
20 | expungement of their juvenile records, which may include, but
| ||||||
21 | is not limited to, a pre-printed expungement petition with
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22 | instructions on how to complete the petition and a pamphlet
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23 | containing information that would assist individuals through
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24 | the juvenile expungement process. | ||||||
25 | (d) The State Appellate
Defender shall compile a statewide | ||||||
26 | list of volunteer attorneys willing to assist eligible
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27 | individuals through the juvenile expungement
process. | ||||||
28 | (e) This Section shall
be implemented from funds | ||||||
29 | appropriated by the General Assembly to the State Appellate
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30 | Defender for this purpose. The State Appellate Defender shall
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31 | employ the necessary staff and adopt the necessary rules for
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32 | implementation of this Section. | ||||||
33 | (8)(a) Except with
respect to law enforcement agencies, the | ||||||
34 | Department of Corrections, State's Attorneys, or other
|
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1 | prosecutors, an expunged juvenile record may not be
considered | ||||||
2 | by any private or public entity in employment matters,
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3 | certification, licensing, revocation of certification or
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4 | licensure, or registration. Applications for employment must
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5 | contain specific language that states that the applicant is
not | ||||||
6 | obligated to disclose expunged juvenile records of conviction
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7 | or arrest. Employers may not ask if an applicant has had a
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8 | juvenile record expunged. Effective January 1, 2005, the
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9 | Department of Labor shall develop a link on the Department's
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10 | website to inform employers that employers may not ask if an
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11 | applicant had a juvenile record expunged and that application
| ||||||
12 | for employment must contain specific language that states
that | ||||||
13 | the applicant is not obligated to disclose expunged juvenile
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14 | records of arrest or conviction. | ||||||
15 | (b) A person whose
juvenile records have been expunged is | ||||||
16 | not entitled to remission of any fines, costs, or other money
| ||||||
17 | paid as a consequence of expungement. This amendatory Act of
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18 | the 93rd General Assembly does not affect the right of the
| ||||||
19 | victim of a crime to prosecute or defend a civil action for
| ||||||
20 | damages. | ||||||
21 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
22 | Section 99.
Effective date. This Act takes effect upon
| ||||||
23 | becoming law.".
|