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    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 




 
4
    Section 5. The Criminal Identification Act is amended  by 
5
changing Section 5 as follows:
 



6
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)


7
    Sec. 5. Arrest reports; expungement. 

8
    (a) All policing bodies of this State shall furnish to the 
9
Department,
daily, in the form and detail the Department 
10
requires, fingerprints and
descriptions of all persons who are 
11
arrested on charges of violating any penal
statute of this 
12
State for offenses that are classified as felonies and Class
A 
13
or B misdemeanors and of all minors of the age of 10 and over 
14
who have been
arrested for an offense which would be a felony 
15
if committed by an adult, and
may forward such fingerprints and 
16
descriptions for minors arrested for Class A
or B misdemeanors.  
17
Moving or nonmoving traffic violations under the Illinois

18
Vehicle Code shall not be reported except for violations of 
19
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
20
addition, conservation offenses,
as defined in the Supreme 
21
Court Rule 501(c), that are classified as Class B
misdemeanors 
22
shall not be reported. Those law enforcement records maintained 
23
by the Department for minors arrested for an offense prior to 
 


 






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their 17th birthday, or minors arrested for a non-felony 
2
offense, if committed by an adult, prior to their 18th 
3
birthday, shall not be forwarded to the Federal Bureau of 
4
Investigation unless those records relate to an arrest in which 
5
a minor was charged as an adult under any of the transfer 
6
provisions of the Juvenile Court Act of 1987. 

7
    Whenever an adult or minor prosecuted as an adult,
not 
8
having previously been convicted of any criminal offense or 
9
municipal
ordinance violation, charged with a violation of a 
10
municipal ordinance or a
felony or misdemeanor, is acquitted or 
11
released without being convicted,
whether the acquittal or 
12
release occurred before, on, or after the
effective date of 
13
this amendatory Act of 1991, the Chief Judge of the circuit

14
wherein the charge was brought, any judge of that circuit 
15
designated by the
Chief Judge, or in counties of less than 
16
3,000,000 inhabitants, the presiding
trial judge at the 
17
defendant's trial may upon verified petition of the
defendant 
18
order the record of arrest expunged from the official records 
19
of the
arresting authority and the Department and order that 
20
the records of the clerk
of the circuit court be sealed until 
21
further order of the court upon good cause
shown and the name 
22
of the defendant obliterated on the official index required
to 
23
be kept by the circuit court clerk under Section 16 of the 
24
Clerks of Courts
Act, but the order shall not affect any index 
25
issued by the circuit court clerk
before the entry of the 
26
order.  The Department may charge the petitioner a fee

 


 






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equivalent to the cost of processing any order to expunge or 
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seal the records,
and the fee shall be deposited into the State 
3
Police Services Fund.  The
records of those arrests, however, 
4
that result in a disposition of
supervision for any offense 
5
shall not be expunged from the records of the
arresting 
6
authority or the Department nor impounded by the court until 2 
7
years
after discharge and dismissal of supervision.  Those 
8
records
that result from a supervision for a violation of 
9
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
10
Vehicle Code or a similar provision
of a local ordinance, or 
11
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
12
Criminal Code of 1961, or probation under Section 10 of the 
13
Cannabis
Control Act, Section 410 of the Illinois Controlled 
14
Substances Act, Section 70 of the Methamphetamine Control and 
15
Community Protection Act, Section
12-4.3(b)(1) and (2) of the 
16
Criminal Code of 1961 (as those provisions
existed before their 
17
deletion by Public Act 89-313), Section 10-102 of the
Illinois 
18
Alcoholism and Other Drug Dependency Act when the judgment of

19
conviction has been vacated, Section 40-10 of the Alcoholism 
20
and Other Drug
Abuse and Dependency Act when the judgment of 
21
conviction has been vacated,
or Section 10 of the Steroid 
22
Control Act shall not be expunged from the records
of the 
23
arresting authority nor impounded by the court until 5 years 
24
after
termination of probation or supervision.  Those records 
25
that result from a
supervision for a violation of Section 
26
11-501 of the Illinois Vehicle Code or
a similar provision of a 
 


 






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local ordinance, shall not be expunged.  All records
set out 
2
above may be ordered by the court to be expunged from the 
3
records of
the arresting authority and impounded by the court 
4
after 5 years, but shall
not be expunged by the Department, but 
5
shall, on court order be sealed by the
Department and may be 
6
disseminated by the Department only as required by law or
to 
7
the arresting authority, the State's Attorney, and the court 
8
upon a later
arrest for the same or a similar offense or for 
9
the purpose of sentencing for
any subsequent felony.  Upon 
10
conviction for any offense, the Department of
Corrections shall 
11
have access to all sealed records of the Department
pertaining 
12
to that individual.

13
    (a-5) Those records maintained by the Department for 
14
persons arrested
prior to their 17th birthday shall be expunged 
15
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

16
    (b) Whenever a person has been convicted of a crime or of 
17
the violation of
a municipal ordinance, in the name of a person 
18
whose identity he has stolen
or otherwise come into possession 
19
of, the aggrieved person from whom the
identity was stolen or 
20
otherwise obtained without authorization, upon learning
of the 
21
person having been arrested using his identity, may, upon 
22
verified
petition to the chief judge of the circuit wherein the 
23
arrest was made,
have a court order entered nunc pro tunc by 
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the chief judge to correct
the arrest record, conviction 
25
record, if any, and all official records of the
arresting 
26
authority, the Department, other criminal justice agencies, 
 


 






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the
prosecutor, and the trial court concerning such arrest, if 
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any, by removing his
name from all such records in connection 
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with the arrest and conviction, if
any, and by inserting in the 
4
records the name of the offender, if known or
ascertainable, in 
5
lieu of the aggrieved's name.  The records of the
clerk of
the 
6
circuit court clerk shall be sealed until further order of the 
7
court upon
good cause shown and the name of the aggrieved 
8
person obliterated on the
official index required to be kept by 
9
the circuit court clerk under Section 16
of the Clerks of 
10
Courts Act, but the order shall not affect any index issued by

11
the circuit court clerk before the entry of the order.  Nothing 
12
in this Section
shall limit the Department of State Police or 
13
other criminal justice agencies
or prosecutors from listing 
14
under an offender's name the false names he or she
has used.  
15
For purposes of this Section, convictions for moving and 
16
nonmoving
traffic violations other than convictions for 
17
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
18
the Illinois Vehicle Code shall not be a bar to
expunging the 
19
record of arrest and court records for
violation of a 
20
misdemeanor or municipal ordinance.

21
    (c) Whenever a person who has been convicted of an offense 
22
is granted
a pardon by the Governor which specifically 
23
authorizes expungement, he may,
upon verified petition to the 
24
chief judge of the circuit where the person had
been convicted, 
25
any judge of the circuit designated by the Chief Judge, or in

26
counties of less than 3,000,000 inhabitants, the presiding 
 


 






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trial judge at the
defendant's trial, may have a court order 
2
entered expunging the record of
arrest from the official 
3
records of the arresting authority and order that the
records 
4
of the clerk of the circuit court and the Department be sealed 
5
until
further order of the court upon good cause shown or as 
6
otherwise provided
herein, and the name of the defendant 
7
obliterated from the official index
requested to be kept by the 
8
circuit court clerk under Section 16 of the Clerks
of Courts 
9
Act in connection with the arrest and conviction for the 
10
offense for
which he had been pardoned but the order shall not 
11
affect any index issued by
the circuit court clerk before the 
12
entry of the order.  All records sealed by
the Department may be 
13
disseminated by the Department only as required by law or
to 
14
the arresting authority, the State's Attorney, and the court 
15
upon a later
arrest for the same or similar offense or for the 
16
purpose of sentencing for any
subsequent felony.  Upon 
17
conviction for any subsequent offense, the Department
of 
18
Corrections shall have access to all sealed records of the 
19
Department
pertaining to that individual.  Upon entry of the 
20
order of expungement, the
clerk of the circuit court shall 
21
promptly mail a copy of the order to the
person who was 
22
pardoned.

23
    (c-5) Whenever a person has been convicted of criminal 
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sexual assault,
aggravated criminal sexual assault, predatory 
25
criminal sexual assault of a
child, criminal sexual abuse, or 
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aggravated criminal sexual abuse, the victim
of that offense 
 


 






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may request that the State's Attorney of the county in which

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the conviction occurred file a verified petition with the 
3
presiding trial judge
at the defendant's trial to have a court 
4
order entered to seal the records of
the clerk of the circuit 
5
court in connection with the proceedings of the trial
court 
6
concerning that offense.  However, the records of the arresting 
7
authority
and the Department of State Police concerning the 
8
offense shall not be
sealed.  The court, upon good cause shown, 
9
shall make the records of the clerk
of the circuit court in 
10
connection with the proceedings of the trial court
concerning 
11
the offense available for public inspection.

12
    (c-6) If a conviction has been set aside on direct review 
13
or on
collateral attack
and the court determines by clear and 
14
convincing evidence that the defendant
was factually innocent 
15
of
the charge, the court shall enter an expungement order as 
16
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
17
of Corrections.

18
    (d) Notice of the petition for subsections (a), (b), and 
19
(c) shall be
served by the clerk upon the State's Attorney or 
20
prosecutor charged with the duty
of prosecuting the offense, 
21
the Department of State Police, the arresting
agency and the 
22
chief legal officer of the unit of local government
affecting 
23
the arrest.  Unless the State's Attorney or prosecutor, the

24
Department of State Police, the arresting agency or such chief 
25
legal officer
objects to the petition within 30 days from the 
26
date of the notice, the
court shall enter an order granting or 
 


 






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denying the petition. The clerk
of the court shall promptly 
2
mail a copy of the order to the person, the
arresting agency, 
3
the prosecutor, the Department of State Police and such
other 
4
criminal justice agencies as may be ordered by the judge.

5
    (e) Nothing herein shall prevent the Department of State 
6
Police from
maintaining all records of any person who is 
7
admitted to probation upon
terms and conditions and who 
8
fulfills those terms and conditions pursuant
to Section 10 of 
9
the Cannabis Control Act, Section 410 of the Illinois

10
Controlled Substances Act, Section 70 of the Methamphetamine 
11
Control and Community Protection Act, Section 12-4.3 of the 
12
Criminal Code
of 1961, Section 10-102 of the Illinois 
13
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the 
14
Alcoholism and Other Drug Abuse and
Dependency Act, or Section 
15
10 of the Steroid Control Act. 

16
    (f) No court order issued under the expungement provisions 
17
of this
Section shall become final for purposes of appeal until 
18
30 days after
notice is received by the Department.  Any court 
19
order contrary to the
provisions of this Section is void.

20
    (g) Except as otherwise provided in subsection (c-5) of 
21
this Section,
the court shall not order the sealing or 
22
expungement of the arrest
records and records of the circuit 
23
court clerk of any person granted
supervision for or convicted 
24
of any sexual offense committed against a minor
under 18 years 
25
of age.  For the purposes of this Section, "sexual offense

26
committed against a minor" includes but is not limited to the 
 


 






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offenses of
indecent solicitation of a child or criminal sexual 
2
abuse when the victim of
such offense is under 18 years of age.

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    (h) (1) Applicability. Notwithstanding any other provision 
4
of this Act to the contrary and cumulative with any rights to 
5
expungement of criminal records, this subsection authorizes 
6
the  sealing of criminal records of adults and of minors 
7
prosecuted as adults.
8
    (2) Sealable offenses. The following offenses may be 
9
sealed:
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        (A) All municipal ordinance violations and 
11
    misdemeanors, with the exception of the following:
12
            (i) violations of Section 11-501 of the Illinois 
13
        Vehicle Code or a similar provision of a local 
14
        ordinance;
15
            (ii) violations of Article 11 of the Criminal Code 
16
        of 1961 or a similar provision of a local ordinance, 
17
        except Section 11-14 of the Criminal Code of 1961 as 
18
        provided in clause B(i) of this subsection (h);
19
            (iii) violations of Section 12-15, 12-30, or 26-5 
20
        of the Criminal Code of 1961 or a similar provision of 
21
        a local ordinance;
22
            (iv) violations that are a crime of violence as 
23
        defined in Section 2 of the Crime Victims Compensation 
24
        Act or a similar provision of a local ordinance;
25
            (v) Class A misdemeanor violations of the Humane 
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        Care for Animals Act; and
 


 






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            (vi) any offense or attempted offense that would 
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        subject a person to registration under the Sex Offender 
3
        Registration Act.
4
        (B) Misdemeanor and Class 4 felony violations of:
5
            (i) Section 11-14 of the Criminal Code of 1961;
6
            (ii) Section 4 of the Cannabis Control Act;
7
            (iii) Section 402 of the Illinois Controlled 
8
        Substances Act; and
9
            (iv) Section 60 of the Methamphetamine Control and 
10
        Community Protection Act.

11
        However, for purposes of this subsection (h), a 
12
    sentence of first offender probation under Section 10 of 
13
    the Cannabis Control Act, Section 410 of the Illinois 
14
    Controlled Substances Act, or Section 70 of the 
15
    Methamphetamine Control and Community Protection Act shall 
16
    be treated as a Class 4 felony conviction.
17
    (3) Requirements for sealing. Records identified as 
18
sealable under clause (h) (2) may be sealed when the individual 
19
was:
20
        (A) Acquitted of the offense or offenses or released 
21
    without being convicted.
22
        (B) Convicted of the offense or offenses and the 
23
    conviction or convictions were reversed.
24
        (C) Placed on misdemeanor supervision for an offense or 
25
    offenses; and
26
            (i) at least 3 years have elapsed since the 
 


 






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        completion of the term of supervision, or terms of 
2
        supervision, if more than one term has been ordered; 
3
        and
4
            (ii)  the individual has not been convicted of a 
5
        felony or misdemeanor or placed on supervision for a 
6
        misdemeanor or felony during the period specified in 
7
        clause (i).
8
        (D) Convicted of an offense or offenses; and
9
            (i)   at least 4 years have elapsed since the last 
10
        such conviction or term of any sentence, probation, 
11
        parole, or supervision, if any, whichever is last in 
12
        time; and
13
            (ii)  the individual has not been convicted of a 
14
        felony or misdemeanor or placed on supervision for a 
15
        misdemeanor or felony during the period specified in 
16
        clause (i).
17
    (4) Requirements for sealing of records when more than one 
18
charge and disposition have been filed. When multiple offenses 
19
are petitioned to be sealed under this subsection (h), the 
20
requirements of the relevant provisions of clauses (h)(3)(A) 
21
through (D) each apply.  In instances in which more than one 
22
waiting period is applicable under clauses (h)(C)(i) and (ii) 
23
and (h)(D)(i) and (ii), the longer applicable period applies, 
24
and the requirements of clause (h) (3) shall be considered met 
25
when the petition is filed after the passage of the longer 
26
applicable waiting period. That period commences on the date of 
 


 






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the completion of the last sentence or the end of supervision, 
2
probation, or parole, whichever is last in time.
3
    (5) Subsequent convictions. A person may not have 
4
subsequent felony conviction records sealed as provided in this 
5
subsection (h) if he or she is convicted of any felony offense 
6
after the date of the sealing of prior felony records as 
7
provided in this subsection (h).
8
    (6) Notice of eligibility for sealing. Upon acquittal, 
9
release without conviction, or being  placed on supervision for 
10
a sealable offense, or upon conviction of a sealable offense, 
11
the person shall be informed by the court of the right to have 
12
the records sealed and the procedures for the sealing of the 
13
records.
14
    (7) Procedure.  Upon becoming eligible for the sealing of 
15
records under this subsection (h),  the person who seeks the 
16
sealing of his or her records shall file a petition requesting 
17
the sealing of records with the clerk of the court where the 
18
charge or charges were brought. The records may be sealed by 
19
the Chief Judge of the circuit wherein the charge was brought, 
20
any judge of that circuit designated by the Chief Judge, or in 
21
counties of less than 3,000,000 inhabitants, the presiding 
22
trial judge at the defendant's trial, if any. If charges were 
23
brought in multiple jurisdictions, a petition must be filed in 
24
each such jurisdiction. The petitioner shall pay the applicable 
25
fee, if not waived.
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        (A) Contents of petition. The petition  shall contain 
 


 






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    the petitioner's name, date of birth, current address, each 
2
    charge, each case number, the date of each charge, the 
3
    identity of the arresting authority,  and such other 
4
    information as the court may require.   During the pendency 
5
    of the proceeding, the petitioner shall promptly notify the 
6
    clerk of the court of any change of address.
7
        (B) Drug test.  A person filing a petition to have his 
8
    or her records sealed for a Class 4 felony violation of 
9
    Section 4 of the Cannabis Control Act or for a Class 4 
10
    felony violation of Section 402 of the Illinois Controlled 
11
    Substances Act must attach to the petition proof that the 
12
    petitioner has passed a test taken within the previous 30 
13
    days before the filing of the petition showing the absence 
14
    within his or her body of all illegal substances in 
15
    violation of either the Illinois Controlled Substances Act 
16
    or the Cannabis Control Act.
17
        (C) Service of petition. The clerk shall promptly serve 
18
    a copy of the petition on the State's Attorney or 
19
    prosecutor charged with the duty of prosecuting the 
20
    offense, the Department of State Police, the arresting 
21
    agency and the chief legal officer of the unit of local 
22
    government effecting the arrest.
23
        (D) Entry of order.  Unless the State's Attorney or 
24
    prosecutor, the Department of State Police, the arresting 
25
    agency or such chief legal officer objects to sealing of 
26
    the records within 90 days of notice the court shall enter 
 


 






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    an order sealing the defendant's records.
2
        (E) Hearing upon objection.  If an objection is filed, 
3
    the court shall set a date for a hearing and notify the 
4
    petitioner and the parties on whom the petition had been 
5
    served, and shall hear evidence on whether the sealing of 
6
    the records should or should not be granted, and shall make 
7
    a determination on whether to issue an order to seal the 
8
    records based on the evidence presented at the hearing.
9
        (F) Service of order. After entering the order to seal 
10
    records, the court must provide copies of the order to the 
11
    Department, in a form and manner prescribed by the 
12
    Department, to the petitioner, to the State's Attorney or 
13
    prosecutor charged with the duty of prosecuting the 
14
    offense, to the arresting agency, to the chief legal 
15
    officer of the unit of local government effecting the 
16
    arrest, and to such other criminal justice agencies as may 
17
    be ordered by the court.
18
    (8) Fees. Notwithstanding any provision of the Clerk of the 
19
Courts Act to the contrary, and subject to the approval of the 
20
county board, the clerk may charge a fee equivalent to the cost 
21
associated with the sealing of records by the clerk and the 
22
Department of State Police. The clerk shall forward the 
23
Department of State Police portion of the fee to the Department 
24
and it shall be deposited into the State Police Services Fund.
25
    (i)  Subject to available funding, the Illinois Department 
26
of Corrections shall conduct a study of the impact of sealing, 
 


 






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especially on employment and recidivism rates, utilizing a 
2
random sample of those who apply for the sealing of their 
3
criminal records under Public Act 93-211, in accordance to 
4
rules adopted by the Department.  At the request of the Illinois 
5
Department of Corrections, records of the Illinois Department 
6
of Employment Security shall be utilized as appropriate to 
7
assist in the study. The study shall not disclose any data in a 
8
manner that would allow the identification of any particular 
9
individual or employing unit. The study shall be made available 
10
to the General Assembly no later than September 1, 2006.

11
    (j)  Notwithstanding any provision of the Clerks of Courts 
12
Act to the contrary, the clerk may charge a fee equivalent to 
13
the cost associated with the sealing or expungement of records 
14
by the clerk. From the total filing fee collected for the 
15
Petition to seal or expunge, the clerk shall deposit $10 into 
16
the Circuit Court Clerk Operation and Administrative Fund, to 
17
be used to offset the costs incurred by the Circuit Court Clerk 
18
in performing the additional duties required to serve the 
19
Petition to Seal or Expunge on all parties. The clerk shall 
20
also charge a filing fee equivalent to the cost of sealing or 
21
expunging the record by the Department of State Police. The 
22
clerk shall collect and forward the Department of State Police 
23
portion of the fee to the Department and it shall be deposited 
24
in the State Police Services Fund. 
25
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; 
26
revised 10-28-08.)


 
 


 






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    Section 7. The Counties Code is amended  by changing 
2
Sections 4-2002 and 4-2002.1 as follows:
 



3
    (55 ILCS 5/4-2002)  (from Ch. 34, par. 4-2002)


4
    Sec. 4-2002. State's attorney fees in counties under 
5
3,000,000
population.  This Section applies only to counties 
6
with fewer than
3,000,000 inhabitants.

7
    (a) State's attorneys shall be entitled to the following 
8
fees, however, the
fee requirement of this subsection does not 
9
apply to county boards:

10
    For each conviction in prosecutions on indictments for 
11
first degree murder,
second degree murder, involuntary 
12
manslaughter, criminal sexual assault,
aggravated criminal 
13
sexual assault, aggravated criminal sexual abuse,
kidnapping, 
14
arson and forgery, $30.  All other cases punishable by 
15
imprisonment
in the penitentiary, $30.

16
    For each conviction in other cases tried before judges of 
17
the circuit
court, $15; except that if the conviction is in a 
18
case which may be
assigned to an associate judge, whether or 
19
not it is in fact assigned to
an associate judge, the fee shall 
20
be $10.

21
    For preliminary examinations for each defendant held to 
22
bail or
recognizance, $10.

23
    For each examination of a party bound over to keep the 
24
peace, $10.

 


 






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    For each defendant held to answer in a circuit court on a 
2
charge of
paternity, $10.

3
    For each trial on a charge of paternity, $30.

4
    For each case of appeal taken from his county or from the 
5
county to
which a change of venue is taken to his county to the 
6
Supreme or
Appellate Court when prosecuted or defended by him, 
7
$50.

8
    For each day actually employed in the trial of a case, $25; 
9
in which
case the court before whom the case is tried shall 
10
make an order
specifying the number of days for which a per 
11
diem shall be allowed.

12
    For each day actually employed in the trial of cases of 
13
felony
arising in their respective counties and taken by change 
14
of venue to
another county, $25; and the court before whom the 
15
case is tried shall
make an order specifying the number of days 
16
for which said per diem
shall be allowed; and it is hereby made 
17
the duty of each State's
attorney to prepare and try each case 
18
of felony arising when so taken by
change of venue.

19
    For assisting in a trial of each case on an indictment for 
20
felony
brought by change of venue to their respective counties, 
21
the same fees
they would be entitled to if such indictment had 
22
been found for an
offense committed in his county, and it shall 
23
be the duty of the
State's attorney of the county to which such 
24
cause is taken by
change of venue to assist in the trial 
25
thereof.

26
    For each case of forfeited recognizance where the 
 


 






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1
forfeiture is set
aside at the instance of the defense, in 
2
addition to the ordinary costs,
$10 for each defendant.

3
    For each proceeding in a circuit court to inquire into the 
4
alleged
mental illness of any person, $10 for each defendant.

5
    For each proceeding in a circuit court to inquire into the 
6
alleged
dependency or delinquency of any child, $10.

7
    For each day actually employed in the hearing of a case of 
8
habeas
corpus in which the people are interested, $25.

9
    For each violation of the Criminal Code of 1961 and the 
10
Illinois Vehicle Code in which a defendant  has entered a plea 
11
of guilty or a defendant has stipulated to the facts supporting 
12
the charge or a finding of guilt and the court has entered an 
13
order of supervision, $10.

14
    All the foregoing fees shall be taxed as costs to be 
15
collected from
the defendant, if possible, upon conviction.  But 
16
in cases of inquiry
into the mental illness of any person 
17
alleged to be mentally ill, in
cases on a charge of paternity 
18
and in cases of appeal in the Supreme or
Appellate Court, where 
19
judgment is in favor of the accused, the fees
allowed the 
20
State's attorney therein shall be retained out of the fines
and 
21
forfeitures collected by them in other cases.

22
    Ten per cent of all moneys except revenue, collected by 
23
them and paid
over to the authorities entitled thereto, which 
24
per cent together with
the fees provided for herein that are 
25
not collected from the parties
tried or examined, shall be paid 
26
out of any fines and forfeited
recognizances collected by them, 
 


 






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1
provided however, that in proceedings
to foreclose the lien of 
2
delinquent real estate taxes State's attorneys
shall receive a 
3
fee, to be credited to the earnings of their office, of 10%
of 
4
the total amount realized from the sale of real estate sold in 
5
such
proceedings.  Such fees shall be paid from the total amount 
6
realized from
the sale of the real estate sold in such 
7
proceedings.

8
    State's attorneys shall have a lien for their fees on all 
9
judgments
for fines or forfeitures procured by them and on 
10
moneys except revenue
received by them until such fees and 
11
earnings are fully paid.

12
    No fees shall be charged on more than 10 counts in any one 
13
indictment
or information on trial and conviction; nor on more 
14
than 10 counts
against any one defendant on pleas of guilty.

15
    The Circuit Court may direct that of all monies received, 
16
by
restitution or otherwise, which monies are ordered paid to 
17
the
Department of Healthcare and Family Services (formerly 
18
Department of Public Aid) or the Department of Human Services 
19
(acting as
successor to the Department of Public Aid under the 
20
Department of Human
Services Act) as a direct result of the 
21
efforts
of the
State's attorney and which payments arise from 
22
Civil or Criminal
prosecutions involving the Illinois Public 
23
Aid Code or the Criminal Code,
the
following amounts shall be 
24
paid quarterly by the Department of Healthcare and Family 
25
Services or the Department of Human Services to the General 
26
Corporate Fund of
the County in which the prosecution
or cause 
 


 






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1
of action took place:


2
        (1) where the monies result from child support 
3
    obligations, not
more than 25% of the federal share of the 
4
    monies received,


5
        (2) where the monies result from other than child 
6
    support
obligations, not more than 25% of the State's share 
7
    of the monies received.

8
    In addition to any other amounts to which State's Attorneys 
9
are entitled under this Section, State's Attorneys are entitled 
10
to $10 of the fine that is imposed under Section 5-9-1.17 of 
11
the Unified Code of Corrections, as set forth in that Section. 
12
    (b) A municipality shall be entitled to a $10 prosecution 
13
fee for each
conviction for a violation of the Illinois Vehicle 
14
Code prosecuted by the
municipal attorney pursuant to Section 
15
16-102 of that Code which is tried
before a circuit or 
16
associate judge and shall be entitled to a $10
prosecution fee 
17
for each conviction for a violation of a municipal vehicle

18
ordinance or nontraffic ordinance prosecuted by the municipal 
19
attorney
which is tried before a circuit or associate judge.  
20
Such fee shall be taxed as
costs to be collected from the 
21
defendant, if possible, upon conviction.  A
municipality shall 
22
have a lien for such prosecution fees on all judgments or
fines 
23
procured by the municipal attorney from prosecutions for 
24
violations of
the Illinois Vehicle Code and municipal vehicle 
25
ordinances or nontraffic
ordinances.

26
    For the purposes of this subsection (b), "municipal vehicle 
 


 






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1
ordinance"
means any ordinance enacted pursuant to Sections 
2
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois 
3
Municipal Code or any ordinance enacted by a
municipality which 
4
is similar to a provision of Chapter 11 of the Illinois
Vehicle 
5
Code.

6
(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08.)

 



7
    (55 ILCS 5/4-2002.1)  (from Ch. 34, par. 4-2002.1)


8
    Sec. 4-2002.1. State's attorney fees in counties of 
9
3,000,000 or more
population.  This Section applies only to 
10
counties with 3,000,000 or more
inhabitants.

11
    (a) State's attorneys shall be entitled to the following 
12
fees:

13
    For each conviction in prosecutions on indictments for 
14
first degree
murder, second degree murder, involuntary 
15
manslaughter, criminal sexual
assault, aggravated criminal 
16
sexual assault, aggravated criminal sexual
abuse, kidnapping, 
17
arson and forgery, $60.  All other cases punishable by

18
imprisonment in the penitentiary, $60.

19
    For each conviction in other cases tried before judges of 
20
the circuit
court, $30; except that if the conviction is in a 
21
case which may be
assigned to an associate judge, whether or 
22
not it is in fact assigned to
an associate judge, the fee shall 
23
be $20.

24
    For preliminary examinations for each defendant held to 
25
bail or
recognizance, $20.

 


 






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1
    For each examination of a party bound over to keep the 
2
peace, $20.

3
    For each defendant held to answer in a circuit court on a 
4
charge of
paternity, $20.

5
    For each trial on a charge of paternity, $60.

6
    For each case of appeal taken from his county or from the 
7
county to
which a change of venue is taken to his county to the 
8
Supreme or
Appellate Court when prosecuted or defended by him, 
9
$100.

10
    For each day actually employed in the trial of a case, $50; 
11
in which
case the court before whom the case is tried shall 
12
make an order
specifying the number of days for which a per 
13
diem shall be allowed.

14
    For each day actually employed in the trial of cases of 
15
felony
arising in their respective counties and taken by change 
16
of venue to
another county, $50; and the court before whom the 
17
case is tried shall
make an order specifying the number of days 
18
for which said per diem
shall be allowed; and it is hereby made 
19
the duty of each State's
attorney to prepare and try each case 
20
of felony arising when so taken by
change of venue.

21
    For assisting in a trial of each case on an indictment for 
22
felony
brought by change of venue to their respective counties, 
23
the same fees
they would be entitled to if such indictment had 
24
been found for an
offense committed in his county, and it shall 
25
be the duty of the
State's attorney of the county to which such 
26
cause is taken by
change of venue to assist in the trial 
 


 






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1
thereof.

2
    For each case of forfeited recognizance where the 
3
forfeiture is set
aside at the instance of the defense, in 
4
addition to the ordinary costs,
$20 for each defendant.

5
    For each proceeding in a circuit court to inquire into the 
6
alleged
mental illness of any person, $20 for each defendant.

7
    For each proceeding in a circuit court to inquire into the 
8
alleged
dependency or delinquency of any child, $20.

9
    For each day actually employed in the hearing of a case of 
10
habeas
corpus in which the people are interested, $50.

11
    All the foregoing fees shall be taxed as costs to be 
12
collected from
the defendant, if possible, upon conviction.  But 
13
in cases of inquiry
into the mental illness of any person 
14
alleged to be mentally ill, in
cases on a charge of paternity 
15
and in cases of appeal in the Supreme or
Appellate Court, where 
16
judgment is in favor of the accused, the fees
allowed the 
17
State's attorney therein shall be retained out of the fines
and 
18
forfeitures collected by them in other cases.

19
    Ten per cent of all moneys except revenue, collected by 
20
them and paid
over to the authorities entitled thereto, which 
21
per cent together with
the fees provided for herein that are 
22
not collected from the parties
tried or examined, shall be paid 
23
out of any fines and forfeited
recognizances collected by them, 
24
provided however, that in proceedings
to foreclose the lien of 
25
delinquent real estate taxes State's attorneys
shall receive a 
26
fee, to be credited to the earnings of their office, of 10%
of 
 


 






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1
the total amount realized from the sale of real estate sold in 
2
such
proceedings. Such fees shall be paid from the total amount 
3
realized from
the sale of the real estate sold in such 
4
proceedings.

5
    State's attorneys shall have a lien for their fees on all 
6
judgments
for fines or forfeitures procured by them and on 
7
moneys except revenue
received by them until such fees and 
8
earnings are fully paid.

9
    No fees shall be charged on more than 10 counts in any one 
10
indictment
or information on trial and conviction; nor on more 
11
than 10 counts
against any one defendant on pleas of guilty.

12
    The Circuit Court may direct that of all monies received, 
13
by
restitution or otherwise, which monies are ordered paid to 
14
the
Department of Healthcare and Family Services (formerly 
15
Department of Public Aid) or the Department of Human Services 
16
(acting as
successor to the Department of Public Aid under the 
17
Department of Human
Services Act) as a direct result of the 
18
efforts
of the
State's attorney and which payments arise from 
19
Civil or Criminal
prosecutions involving the Illinois Public 
20
Aid Code or the Criminal Code,
the
following amounts shall be 
21
paid quarterly by the Department of Healthcare and Family 
22
Services or the Department of Human Services to the General 
23
Corporate Fund of
the County in which the prosecution
or cause 
24
of action took place:


25
        (1) where the monies result from child support 
26
    obligations, not
less than 25% of the federal share of the 
 


 






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1
    monies received,


2
        (2) where the monies result from other than child 
3
    support
obligations, not less than 25% of the State's share 
4
    of the monies received.

5
    In addition to any other amounts to which State's Attorneys 
6
are entitled under this Section, State's Attorneys are entitled 
7
to $10 of the fine that is imposed under Section 5-9-1.17 of 
8
the Unified Code of Corrections, as set forth in that Section. 
9
    (b) A municipality shall be entitled to a $10 prosecution 
10
fee for each
conviction for a violation of the Illinois Vehicle 
11
Code prosecuted by the
municipal attorney pursuant to Section 
12
16-102 of that Code which is tried
before a circuit or 
13
associate judge and shall be entitled to a $10
prosecution fee 
14
for each conviction for a violation of a municipal vehicle

15
ordinance prosecuted by the municipal attorney which is tried 
16
before a
circuit or associate judge.  Such fee shall be taxed as 
17
costs to be
collected from the defendant, if possible, upon 
18
conviction.  A municipality
shall have a lien for such 
19
prosecution fees on all judgments or fines
procured by the 
20
municipal attorney from prosecutions for violations of the

21
Illinois Vehicle Code and municipal vehicle ordinances.

22
    For the purposes of this subsection (b), "municipal vehicle 
23
ordinance"
means any ordinance enacted pursuant to Sections 
24
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois 
25
Municipal Code or any ordinance enacted by a
municipality which 
26
is similar to a provision of Chapter 11 of the Illinois
Vehicle 
 


 






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LRB096 07100 RLC 17186 b




1
Code.

2
(Source: P.A. 95-331, eff. 8-21-07.)


 
3
    Section 10. The Juvenile Court Act of 1987 is amended  by 
4
changing Section 5-915 and  by adding Section 5-622 as follows:
 
5
    (705 ILCS 405/5-622  new)
6
    Sec. 5-622. Expungement review.   Any minor charged with a 
7
misdemeanor offense as a first offense, regardless of the 
8
disposition of the charge, is eligible for expungement review 
9
by the court upon his or her 18th birthday or upon completion 
10
of the minor's sentence or disposition of the charge against 
11
the minor, whichever is later.  Upon motion by counsel filed 
12
within 30 days after entry of the judgment of the court, the 
13
court shall set a time for an expungement review hearing within 
14
a month of the minor's 18th birthday or within a month of 
15
completion of the minor's sentence or disposition of the charge 
16
against the minor, whichever is later.  No hearing shall be held 
17
if the minor fails to appear, and no penalty shall attach to 
18
the minor.  If the minor appears in person or by counsel the 
19
court shall hold a hearing to determine whether to expunge the 
20
law enforcement and court records of the minor.  Objections to 
21
expungement shall be limited to the following:
22
        (a) that the offense for which the minor was arrested 
23
    is still under active investigation;
24
        (b) that the minor is a potential witness in an 
 


 






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1
    upcoming court proceeding and that such arrest record is 
2
    relevant to that proceeding;
3
        (c) that the arrest at issue was for one of the 
4
    following offenses:
5
            (i) any homicide; 
6
            (ii) an offense involving a deadly weapon;
7
            (iii) a sex offense as defined in the Sex Offender 
8
        Registration Act;
9
            (iv) aggravated domestic battery.
10
    In the absence of an objection, or if the objecting party 
11
fails to prove one of the above-listed objections, the court 
12
shall enter an order granting expungement.  The clerk shall 
13
forward a certified copy of the order to the Department of 
14
State Police and the arresting agency.  The Department and the 
15
arresting agency shall comply with such order to expunge within 
16
60 days of receipt.  An objection or a denial of an expungement 
17
order under this subsection does not operate to bar the filing 
18
of a Petition to Expunge by the minor under subsection (2) of 
19
Section 5-915 where applicable.
 


20
    (705 ILCS 405/5-915)


21
    Sec. 5-915. Expungement of juvenile law enforcement and 
22
court records. 

23
    (0.05)  For purposes of this Section and Section 5-622:
24
        "Expunge" means to physically destroy the records and 
25
    to obliterate the minor's name from any official index or 
 


 






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LRB096 07100 RLC 17186 b




1
    public record, or both. Nothing in this Act shall require 
2
    the physical destruction of the internal office records, 
3
    files, or databases maintained by a State's Attorney's 
4
    Office or other prosecutor.
5
        "Law enforcement record" includes but is not limited to 
6
    records of arrest, station adjustments, fingerprints, 
7
    probation adjustments, the issuance of a notice to appear, 
8
    or any other records maintained by a law enforcement agency 
9
    relating to a minor suspected of committing an offense. 
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


25
        (d)
the minor was adjudicated for an offense which 
26
    would be a Class B
misdemeanor, Class C misdemeanor, or a 
 


 






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LRB096 07100 RLC 17186 b




1
    petty or business offense if committed by an adult.

2
    (2) Any person may petition the court to expunge all law 
3
enforcement records
relating to any
incidents occurring before 
4
his or her 17th birthday which did not result in
proceedings in 
5
criminal court and all juvenile court records with respect to

6
any adjudications except those based upon first degree
murder 
7
and
sex offenses which would be felonies if committed by an 
8
adult, if the person
for whom expungement is sought has had no

9
convictions for any crime since his or her 17th birthday and:


10
        (a) has attained the age of 21 years; or


11
        (b) 5 years have elapsed since all juvenile court 
12
    proceedings relating to
him or her have been terminated or 
13
    his or her commitment to the Department of
Juvenile Justice


14
    pursuant to this Act has been terminated;

15
whichever is later of (a) or (b). Nothing in this Section 5-915 
16
precludes a minor from obtaining expungement under Section 
17
5-622. 
18
    (2.5) If a minor is arrested and no petition for 
19
delinquency is filed with the clerk of the circuit court as 
20
provided in paragraph (a) of subsection (1) at the time the 
21
minor is released from custody, the youth officer, if 
22
applicable, or other designated person from the arresting 
23
agency, shall notify verbally and in writing to the minor or 
24
the minor's parents or guardians that if the State's Attorney 
25
does not file a petition for delinquency, the minor has a right 
26
to petition to have his or her arrest record expunged when the 
 


 






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LRB096 07100 RLC 17186 b




1
minor attains the age of 17 or when all juvenile court 
2
proceedings relating to that minor have been terminated and 
3
that unless a petition to expunge is filed, the minor shall 
4
have an arrest record and shall provide the minor and the 
5
minor's parents or guardians with an expungement information 
6
packet, including a petition to expunge juvenile records 
7
obtained from the clerk of the circuit court.
8
    (2.6) If a minor is charged with an offense and is found 
9
not delinquent of that offense; or if a minor is placed under 
10
supervision under Section 5-615, and the order of supervision 
11
is successfully terminated; or  if a minor is adjudicated for an 
12
offense that would be a Class B misdemeanor, a Class C 
13
misdemeanor, or a business or petty offense if committed by an 
14
adult; or if a minor has incidents occurring before his or her 
15
17th birthday that have not resulted in proceedings in criminal 
16
court, or resulted in proceedings in juvenile court, and the 
17
adjudications were not based upon first degree murder or sex 
18
offenses that would be felonies if committed by an adult; then 
19
at the time of sentencing or dismissal of the case, the judge 
20
shall inform the delinquent minor of his or her right to 
21
petition for expungement as provided by law, and the clerk of 
22
the circuit court shall provide an expungement information 
23
packet to the delinquent minor, written in plain language, 
24
including a petition for expungement, a sample of a completed 
25
petition, expungement instructions that shall include 
26
information informing the minor that (i) once the case is 
 


 






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LRB096 07100 RLC 17186 b




1
expunged, it shall be treated as if it never occurred, (ii) he 
2
or she may apply to have petition fees waived, (iii) once he or 
3
she obtains an expungement, he or she may not be required to 
4
disclose that he or she had a juvenile record, and (iv) he or 
5
she may file the petition on his or her own or with the 
6
assistance of an attorney. The failure of the judge to inform 
7
the delinquent minor of his or her right to petition for 
8
expungement as provided by law does not create a substantive 
9
right, nor is that failure grounds for: (i) a reversal of an 
10
adjudication of delinquency, (ii) a new trial; or (iii) an 
11
appeal.
12
    (2.7) For counties with a population over 3,000,000, the 
13
clerk of the circuit court shall send a "Notification of a 
14
Possible Right to Expungement" post card to the minor at the 
15
address last received by the clerk of the circuit court on the 
16
date that the minor attains the age of 17 based on the 
17
birthdate provided to the court by the minor or his or her 
18
guardian in cases under paragraphs (b), (c),  and (d) of 
19
subsection (1); and when the minor attains the age of 21 based 
20
on the birthdate provided to the court by the minor or his or 
21
her guardian in cases under subsection (2).
22
    (2.8) The petition for expungement for subsection (1)  shall 
23
be substantially in the following form:
24

IN THE CIRCUIT COURT OF ......, ILLINOIS
 

25

........ JUDICIAL CIRCUIT


 
 


 






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LRB096 07100 RLC 17186 b




1
IN THE INTEREST OF )    NO.

2
                   )

3
                   )

4
...................)

5
(Name of Petitioner)
 
6

PETITION TO EXPUNGE JUVENILE RECORDS
7

(705 ILCS 405/5-915 (SUBSECTION 1))
8

(Please prepare a separate petition for each offense)
9
Now comes ............., petitioner, and respectfully requests

10
that this Honorable Court enter an order expunging all juvenile 
11
law enforcement and court records of petitioner and in support 
12
thereof states that:
Petitioner has attained the age of 17, 
13
his/her birth date being ......, or all
Juvenile Court 
14
proceedings terminated as of ......, whichever occurred later.


15
Petitioner was arrested on ..... by the ....... Police 
16
Department for the offense of ......., and:

17
(Check One:)

18
( ) a. no petition was filed with the Clerk of the Circuit 
19
Court.
20
( ) b. was charged with ...... and was found not delinquent
        of 
21
the offense.
22
( ) c. a petition was filed and the petition was dismissed 
23
without a finding of delinquency on .....
24
( ) d. on ....... placed under supervision pursuant to Section 
25
5-615 of the Juvenile Court Act of 1987 and such order of 
 


 






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1
supervision successfully terminated on ........
2
( ) e. was adjudicated for the offense, which would have been a 
3
Class B misdemeanor, a Class C misdemeanor, or a petty offense 
4
or business offense if committed by an adult.

5
Petitioner .... has  .... has not  been arrested on charges in 
6
this or any county other than the charges listed above.  If 
7
petitioner has been arrested on additional charges, please list 
8
the charges below:

9
Charge(s): ......
10
Arresting Agency or Agencies: ...........
11
Disposition/Result: (choose from a. through e., above): .....

12
WHEREFORE, the petitioner respectfully requests this Honorable 
13
Court to (1) order all law enforcement agencies to expunge all 
14
records of petitioner to this incident, and (2) to order the 
15
Clerk of the Court to expunge all records concerning the 
16
petitioner regarding this incident.
 
17

......................

18

Petitioner (Signature)



 
19

..........................



20

Petitioner's Street Address

 
21

.....................



22

City, State, Zip Code

 
 


 






SB1030 Enrolled
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LRB096 07100 RLC 17186 b




1

.............................
2

Petitioner's Telephone Number

 
3
Pursuant to the penalties of perjury under the Code of Civil 
4
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
5
statements in this petition are true and correct, or on 
6
information and belief I believe the same to be true.
 
7

......................
8

Petitioner (Signature)

9
The Petition for Expungement for subsection (2) shall be 
10
substantially in the following form:
 
11

IN THE CIRCUIT COURT OF ........, ILLINOIS
12

........ JUDICIAL CIRCUIT

 
13
IN THE INTEREST OF )    NO.

14
                   )

15
                   )

16
...................)

17
(Name of Petitioner)
 
18

PETITION TO EXPUNGE JUVENILE RECORDS
 

19

(705 ILCS 405/5-915 (SUBSECTION 2))

20

(Please prepare a separate petition for each offense)

21
Now comes ............, petitioner, and respectfully requests 
 


 






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that this Honorable Court enter an order expunging all Juvenile 
2
Law Enforcement and Court records of petitioner and in support 
3
thereof states that:
4
The incident for which the Petitioner seeks expungement 
5
occurred before the Petitioner's 17th birthday and did not 
6
result in proceedings in criminal court and the Petitioner has 
7
not had any convictions for any crime since his/her 17th 
8
birthday; and

9
The incident for which the Petitioner seeks expungement 
10
occurred before the Petitioner's 17th birthday and the 
11
adjudication was not based upon first-degree murder or sex 
12
offenses which would be felonies if committed by an adult, and 
13
the Petitioner has not had any convictions for any crime since 
14
his/her 17th birthday.
15
Petitioner was arrested on ...... by the ....... Police 
16
Department for the offense of ........, and:
17
(Check whichever one occurred the latest:)
18
( ) a. The Petitioner has attained the age of 21 years, his/her 
19
birthday being .......; or
20
( ) b. 5 years have elapsed since all juvenile court 
21
proceedings relating to the Petitioner have been terminated; or 
22
the Petitioner's commitment to the Department of Juvenile 
23
Justice
 pursuant to the expungement of juvenile law enforcement 
24
and  court records provisions of the Juvenile Court Act of 1987 
25
has been terminated.

Petitioner ...has ...has not been arrested 
26
on charges in this or any other county other than the charge 
 


 






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1
listed above.  If petitioner has been arrested on additional 
2
charges, please list the charges below:
3
Charge(s):  ..........
4
Arresting Agency or Agencies: .......
5
Disposition/Result: (choose from a or b, above): ..........
6
WHEREFORE, the petitioner respectfully requests this Honorable 
7
Court to (1) order all law enforcement agencies to expunge all 
8
records of petitioner related to this incident, and (2) to 
9
order the Clerk of the Court to expunge all records concerning 
10
the petitioner regarding this incident.
 
11

.......................

12

Petitioner (Signature)

 
13

......................
14

Petitioner's Street Address

 


15

.....................
16

City, State, Zip Code
17

.............................
18

Petitioner's Telephone Number

 

19
Pursuant to the penalties of perjury under the Code of Civil 
20
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
21
statements in this petition are true and correct, or on 
22
information and belief I believe the same to be true.
 


 






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1

......................
2

Petitioner (Signature)

3
    (3) The chief judge of the circuit in which an arrest was 
4
made or a charge
was brought or any
judge of that circuit 
5
designated by the chief judge
may, upon verified petition
of a 
6
person who is the subject of an arrest or a juvenile court 
7
proceeding
under subsection (1) or (2) of this Section, order 
8
the law enforcement
records or official court file, or both, to 
9
be expunged from the official
records of the arresting 
10
authority, the clerk of the circuit court and the
Department of 
11
State Police. The person whose records are to be expunged shall 
12
petition the court using the appropriate form containing his or 
13
her current address and shall promptly notify the clerk of the 
14
circuit court of any change of address.  Notice

of the petition 
15
shall be served upon the State's Attorney or prosecutor charged 
16
with the duty of prosecuting the offense, the Department of 
17
State Police, and the arresting agency or agencies by the clerk 
18
of the circuit court.  If an objection is filed within 45

days 
19
of the notice of the petition, the clerk of the circuit court 
20
shall set a date for hearing after the 45
 day objection period.  
21
At the hearing the court shall hear evidence on whether the 
22
expungement should or should not be granted.  Unless the State's 
23
Attorney or prosecutor, the Department of State Police, or an 
24
arresting agency objects to the expungement within 45
 days of 
25
the notice, the court may enter an order granting expungement.  
26
The person whose records are to be expunged shall pay the clerk 
 


 






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1
of the circuit court a fee equivalent to the cost associated 
2
with expungement of records by the clerk and the Department of 
3
State Police.  The clerk shall forward a certified copy of the 
4
order to the Department of State Police, the appropriate 
5
portion of the fee to the Department of State Police for 
6
processing, and deliver a certified copy of the order to the 
7
arresting agency.

8
    (3.1) The Notice of Expungement shall be in substantially 
9
the following form:
10

IN THE CIRCUIT COURT OF ....., ILLINOIS

11

.... JUDICIAL CIRCUIT


 
12
IN THE INTEREST OF )    NO.

13
                   )

14
                   )

15
...................)

16
(Name of Petitioner)
 
17

NOTICE

18
TO:  State's Attorney

19
TO:  Arresting Agency

20


21
................

22
................

23


24
................

 


 






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LRB096 07100 RLC 17186 b




1
................

2
TO:  Illinois State Police

3


4
.....................

5


6
.....................


7
ATTENTION: Expungement

8
You are hereby notified that on ....., at ....., in courtroom 
9
..., located at ..., before the Honorable ..., Judge, or any 
10
judge sitting in his/her stead, I shall then and there present 
11
a Petition to Expunge Juvenile records in the above-entitled 
12
matter, at which time and place you may appear.
13

......................
14

Petitioner's Signature
15

...........................

16

Petitioner's Street Address
17

.....................


18

City, State, Zip Code
19

.............................
20

Petitioner's Telephone Number
21

PROOF OF SERVICE

22
On the ....... day of ......, 20..., I on oath state that I 
23
served this notice and true and correct copies of the 
24
above-checked documents by:
25
(Check One:)
26
delivering copies personally to each entity to whom they are 
 


 






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1
directed;
2
or
3
by mailing copies to each entity to whom they are directed by 
4
depositing the same in the U.S. Mail, proper postage fully 
5
prepaid, before the hour of 5:00 p.m., at the United States 
6
Postal Depository located at .................
7

.........................................


8


9
Signature
10

Clerk of the Circuit Court or Deputy Clerk
11
Printed Name of Delinquent Minor/Petitioner: ....
12
Address: ........................................
13
Telephone Number: ...............................
14
    (3.2) The Order of Expungement shall be in substantially 
15
the following form:
16

IN THE CIRCUIT COURT OF ....., ILLINOIS

17

.... JUDICIAL CIRCUIT


 
18
IN THE INTEREST OF )    NO.

19
                   )

20
                   )

21
...................)

22
(Name of Petitioner)
 

23
DOB ................
24
Arresting Agency/Agencies ......
 


 






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1

ORDER OF EXPUNGEMENT

2

(705 ILCS 405/5-915 (SUBSECTION 3))



3
This matter having been heard on the petitioner's motion and 
4
the court being fully advised in the premises does find that 
5
the petitioner is indigent or has presented reasonable cause to 
6
waive all costs in this matter, IT IS HEREBY ORDERED that:
7
    ( ) 1. Clerk of Court and Department of State Police costs 
8
are hereby waived in this matter.
9
    ( ) 2. The Illinois State Police Bureau of Identification 
10
and the following law enforcement agencies expunge all records 
11
of petitioner relating to an arrest dated ...... for the 
12
offense of ......
13

Law Enforcement Agencies:

14

.........................

15

.........................

16
    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
17
Court expunge all records regarding the above-captioned case.
18

ENTER: ......................

19


20
JUDGE
21
DATED: .......
22
Name:

23
Attorney for:

24
Address:
City/State/Zip:

25
Attorney Number:
26
    (3.3) The Notice of Objection shall be in substantially the 
 


 






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1
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

NOTICE OF OBJECTION

10
TO:(Attorney, Public Defender, Minor)

11
.................................

12
.................................

13
TO:(Illinois State Police)

14
.................................

15
.................................
16
TO:(Clerk of the Court)

17
.................................

18
.................................

19
TO:(Judge)

20
.................................

21
.................................

22
TO:(Arresting Agency/Agencies)

23
.................................

24
.................................
 


 






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1
ATTENTION:

You are hereby notified that an objection has been 
2
filed by the following entity regarding the above-named minor's 
3
petition for expungement of juvenile records:
4
( ) State's Attorney's Office;

5
( ) Prosecutor (other than State's Attorney's Office) charged 
6
with the duty of prosecuting the               offense sought to be expunged;

7
( ) Department of Illinois State Police; or

8
( ) Arresting Agency or Agencies.

9
The agency checked above respectfully requests that this case 
10
be continued and set for hearing on whether the expungement 
11
should or should not be granted.

12
DATED: .......
13
Name:
14
Attorney For:

15
Address:
16
City/State/Zip:

17
Telephone:

18
Attorney No.: 

19

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



20
This matter has been set for hearing on the foregoing 
21
objection, on ...... in room ...., located at ....., before the 
22
Honorable ....., Judge, or any judge sitting in his/her stead.
 
23
(Only one hearing shall be set, regardless of the number of 
24
Notices of Objection received on the same case).

25
A copy of this completed Notice of Objection containing the 
26
court date, time, and location, has been sent via regular U.S. 
 


 






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1
Mail to the following entities.  (If more than one Notice of 
2
Objection is received on the same case, each one must be 
3
completed with the court date, time and location and mailed to 
4
the following entities):

5
( ) Attorney, Public Defender or Minor;

6
( ) State's Attorney's Office;
7
( ) Prosecutor (other than State's Attorney's Office) charged 
8
with the duty of prosecuting the     offense sought to be expunged;
9
( ) Department of Illinois State Police; and
10
( ) Arresting agency or agencies.

11
Date: ......
12
Initials of Clerk completing this section: .....


13
    (4) Upon entry of an order expunging records or files, the 
14
offense, which
the records or files concern shall be treated as 
15
if it never occurred. Law
enforcement officers and other public 
16
offices and agencies shall properly reply
on inquiry that no 
17
record or file exists with respect to the
person. 

18
    (5) Records which have not been expunged are sealed, and 
19
may be obtained
only under the provisions of Sections 5-901, 
20
5-905 and 5-915.

21
    (6) Nothing in this Section shall be construed to prohibit 
22
the maintenance
of information relating to an offense after 
23
records or files concerning the
offense have been expunged if 
24
the information is kept in a manner that does not
enable 
25
identification of the offender.  This information may only be 
26
used for
statistical and bona fide research purposes.
 


 






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1
    (7)(a) The State Appellate Defender shall establish, 
2
maintain, and carry out, by December 31, 2004,  a juvenile 
3
expungement program
to provide information and assistance to 
4
minors eligible to have their juvenile records expunged.

5
    (b) The State Appellate Defender shall develop brochures, 
6
pamphlets, and
other
materials in
printed form and through the 
7
agency's World Wide Web site.  The pamphlets and
other materials 
8
shall
include at a minimum the following information:


9
        (i) An explanation of the State's juvenile expungement 
10
    process;
11
        (ii) The circumstances under which juvenile 
12
    expungement may occur;
13
        (iii) The juvenile offenses that may be expunged;
14
        (iv) The steps necessary to initiate and complete the 
15
    juvenile expungement process;
and
16
        (v) Directions on how to contact the State Appellate 
17
    Defender.
18
    (c) The State Appellate Defender shall establish and 
19
maintain a statewide
toll-free telephone
number that a person 
20
may use to receive information or assistance concerning
the 
21
expungement of juvenile records. The State Appellate
Defender 
22
shall advertise
the toll-free telephone number statewide. The 
23
State Appellate Defender shall
develop an expungement

24
information packet that may be sent to eligible persons seeking 
25
expungement of
their juvenile records,
which may include, but 
26
is not limited to, a pre-printed expungement petition
with 
 


 






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1
instructions on how
to complete the petition and a pamphlet 
2
containing information that would
assist individuals through

3
the juvenile expungement process.
4
    (d) The State Appellate Defender shall compile a statewide 
5
list of volunteer
attorneys willing
to assist eligible 
6
individuals through the juvenile expungement process.
7
    (e) This Section shall be implemented from funds 
8
appropriated by the General
Assembly to the State
Appellate 
9
Defender
for this purpose. The State Appellate Defender shall 
10
employ the necessary staff
and adopt the
necessary rules for 
11
implementation of this Section.
12
    (8)(a) Except with respect to law enforcement agencies, the 
13
Department of Corrections, State's Attorneys, or other 
14
prosecutors, an expunged juvenile record may not be considered 
15
by any private or public entity in employment matters, 
16
certification, licensing, revocation of certification or 
17
licensure, or registration.  Applications for employment must 
18
contain specific language that states that the applicant is not 
19
obligated to disclose expunged juvenile records of conviction 
20
or arrest.  Employers may not ask  if an applicant has had a 
21
juvenile record expunged.  Effective January 1, 2005, the 
22
Department of Labor shall develop a link on the Department's 
23
website to inform employers that employers may not ask if an 
24
applicant had a juvenile record expunged and that application 
25
for employment must contain specific language that states that 
26
the applicant is not obligated to disclose expunged juvenile 
 


 






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1
records of arrest or conviction.
2
    (b) A person whose juvenile records have been expunged is 
3
not entitled to remission of any fines, costs, or other money 
4
paid as a consequence of expungement.  This amendatory Act of 
5
the 93rd General Assembly does not affect the right of the 
6
victim of a crime to prosecute or defend a civil action for 
7
damages.

8
    (c)  The expungement of juvenile records under Section 5-622 
9
shall be funded by the additional fine imposed under Section 
10
5-9-1.17 of the Unified Code of Corrections and additional 
11
appropriations made by the General Assembly for such purpose. 
12
(Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)


 
13
    Section 15. The Unified Code of Corrections is amended  by 
14
adding Section 5-9-1.17 as follows:
 
15
    (730 ILCS 5/5-9-1.17 new)

16
    Sec. 5-9-1.17. Additional fine to fund expungement of 
17
juvenile records.
18
    (a)  There shall be added to every penalty imposed in 
19
sentencing for a criminal offense an additional fine of $30 to 
20
be imposed upon a plea of guilty or finding of guilty resulting 
21
in a judgment of conviction.
22
    (b)  Ten dollars of each such additional fine shall be 
23
remitted to the State Treasurer for deposit into the State 
24
Police Services Fund to be used to implement the expungement of 
 


 






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LRB096 07100 RLC 17186 b




1
juvenile records as provided in Section 5-622 of the Juvenile 
2
Court Act of 1987, $10 shall be paid to the State's Attorney's 
3
Office that prosecuted the criminal offense,  and $10 shall be 
4
retained by the Circuit Clerk for administrative costs 
5
associated with the expungement of juvenile records and shall 
6
be deposited into the Circuit Court Clerk Operation and 
7
Administrative Fund.