Illinois General Assembly - Bill Status for HB1091

Amends the Juvenile Court Act of 1987 concerning the expungement and sealing of juvenile arrest and court records. Provides for automatic expungement of arrest and court records relating to incidents that occurred before an individual's 17th birthday if: (1) no petition for delinquency was filed with the court; or (2) the minor was found not delinquent of the offense; or (3) the minor was placed under supervision and the order of supervision has been successfully terminated; or (4) the minor was adjudicated for an offense which would be a Class B misdemeanor if committed by an adult. Provides for automatic expungement of arrest and court records relating to incidents that occurred before an individual's 17th birthday that did not result proceedings in criminal court and any juvenile court records of proceedings that resulted in adjudications, but only if the person has had no convictions since his or her 17th birthday, and: (1) the person has attained the age of 21 years; or (2) 5 years have elapsed since the termination of all juvenile court proceedings or commitment to the Department of Corrections, Juvenile Division.

Provides that notice of the proposed expungement shall be served upon the Department of State Police as well as the State's Attorney and arresting authority. Provides that the expungement shall be entered unless the State's Attorney, prosecutor, arresting authority, or Department of State Police objects within 90 days of the notice of the proposed expungement. If an objection is filed within the 90-day period, the court shall set a date for hearing and at the hearing hear evidence on whether the expungement of the records should or should not be granted.

Provides that the person whose records are to be expunged shall provide the clerk of the court with a current address and shall promptly notify the clerk of the court of any change of address. Provides that notice that the person's records are to be expunged shall be served upon the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest by the clerk of the court on the offender's 17th birthday or, for a person whose records are being expunged under subsection (2), (i) on the offender's 21st birthday or (ii) after 5 years have elapsed since all juvenile court proceedings related to him or her have been terminated or his or her commitment to the Department of Corrections, Juvenile Division has been terminated whichever is later.

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