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Public Act 100-0720
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| SB2915 Enrolled | LRB100 19683 RLC 34957 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Sections 1-7, 1-8, and 5-915 as follows:
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(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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Sec. 1-7. Confidentiality of law enforcement and municipal |
ordinance violation records.
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(A) All juvenile records which have not been expunged are |
sealed and may never be disclosed to the general public or |
otherwise made widely available. Sealed records may be obtained |
only under this Section and Sections Section 1-8 and 5-915 of |
this Act, when their use is needed for good cause and with an |
order from the juvenile court, as required by those not |
authorized to retain them. Inspection and copying of law |
enforcement records maintained by law
enforcement agencies or |
records of municipal ordinance violations maintained by any |
State, local, or municipal agency that relate to a minor who |
has been investigated, arrested, or taken
into custody before |
his or her 18th birthday shall be restricted to the
following:
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(0.05) The minor who is the subject of record, his or |
her parents, guardian, and counsel. |
(1) Any local, State, or federal law enforcement |
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officers of any
jurisdiction or agency when necessary for |
the discharge of their official
duties during the |
investigation or prosecution of a crime or relating to a
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minor who has been adjudicated delinquent and there has |
been a previous finding
that the act which constitutes the |
previous offense was committed in
furtherance of criminal |
activities by a criminal street gang, or, when necessary |
for the discharge of its official duties in connection with |
a particular investigation of the conduct of a law |
enforcement officer, an independent agency or its staff |
created by ordinance and charged by a unit of local |
government with the duty of investigating the conduct of |
law enforcement officers. For purposes of
this Section, |
"criminal street gang" has the meaning ascribed to it in
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Section 10 of the Illinois Streetgang Terrorism Omnibus |
Prevention Act.
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(2) Prosecutors, public defenders, probation officers, |
social workers, or other
individuals assigned by the court |
to conduct a pre-adjudication or
pre-disposition |
investigation, and individuals responsible for supervising
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or providing temporary or permanent care and custody for |
minors pursuant to
the order of the juvenile court, when |
essential to performing their
responsibilities.
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(3) Prosecutors, public defenders, and probation |
officers:
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(a) in the course of a trial when institution of |
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criminal proceedings
has been permitted or required |
under Section 5-805; or
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(b) when institution of criminal proceedings has |
been permitted or required under Section 5-805 and such |
minor is the
subject
of a proceeding to determine the |
amount of bail; or
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(c) when criminal proceedings have been permitted
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or
required under Section 5-805 and such minor is the |
subject of a
pre-trial
investigation, pre-sentence |
investigation, fitness hearing, or proceedings
on an |
application for probation.
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(4) Adult and Juvenile Prisoner Review Board.
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(5) Authorized military personnel.
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(6) Persons engaged in bona fide research, with the |
permission of the
Presiding Judge of the Juvenile Court and |
the chief executive of the respective
law enforcement |
agency; provided that publication of such research results
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in no disclosure of a minor's identity and protects the |
confidentiality
of the minor's record.
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(7) Department of Children and Family Services child |
protection
investigators acting in their official |
capacity.
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(8) The appropriate school official only if the agency |
or officer believes that there is an imminent threat of |
physical harm to students, school personnel, or others who |
are present in the school or on school grounds. |
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(A) Inspection and copying
shall be limited to law |
enforcement records transmitted to the appropriate
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school official or officials whom the school has |
determined to have a legitimate educational or safety |
interest by a local law enforcement agency under a |
reciprocal reporting
system established and maintained |
between the school district and the local law
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enforcement agency under Section 10-20.14 of the |
School Code concerning a minor
enrolled in a school |
within the school district who has been arrested or |
taken
into custody for any of the following offenses:
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(i) any violation of Article 24 of the Criminal |
Code of
1961 or the Criminal Code of 2012;
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(ii) a violation of the Illinois Controlled |
Substances Act;
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(iii) a violation of the Cannabis Control Act;
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(iv) a forcible felony as defined in Section |
2-8 of the Criminal Code
of 1961 or the Criminal |
Code of 2012; |
(v) a violation of the Methamphetamine Control |
and Community Protection Act;
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(vi) a violation of Section 1-2 of the |
Harassing and Obscene Communications Act; |
(vii) a violation of the Hazing Act; or |
(viii) a violation of Section 12-1, 12-2, |
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
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12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the |
Criminal Code of 1961 or the Criminal Code of 2012. |
The information derived from the law enforcement |
records shall be kept separate from and shall not |
become a part of the official school record of that |
child and shall not be a public record. The information |
shall be used solely by the appropriate school official |
or officials whom the school has determined to have a |
legitimate educational or safety interest to aid in the |
proper rehabilitation of the child and to protect the |
safety of students and employees in the school. If the |
designated law enforcement and school officials deem |
it to be in the best interest of the minor, the student |
may be referred to in-school or community based social |
services if those services are available. |
"Rehabilitation services" may include interventions by |
school support personnel, evaluation for eligibility |
for special education, referrals to community-based |
agencies such as youth services, behavioral healthcare |
service providers, drug and alcohol prevention or |
treatment programs, and other interventions as deemed |
appropriate for the student. |
(B) Any information provided to appropriate school |
officials whom the school has determined to have a |
legitimate educational or safety interest by local law |
enforcement officials about a minor who is the subject |
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of a current police investigation that is directly |
related to school safety shall consist of oral |
information only, and not written law enforcement |
records, and shall be used solely by the appropriate |
school official or officials to protect the safety of |
students and employees in the school and aid in the |
proper rehabilitation of the child. The information |
derived orally from the local law enforcement |
officials shall be kept separate from and shall not |
become a part of the official school record of the |
child and shall not be a public record. This limitation |
on the use of information about a minor who is the |
subject of a current police investigation shall in no |
way limit the use of this information by prosecutors in |
pursuing criminal charges arising out of the |
information disclosed during a police investigation of |
the minor. For purposes of this paragraph, |
"investigation" means an official systematic inquiry |
by a law enforcement agency into actual or suspected |
criminal activity. |
(9) Mental health professionals on behalf of the |
Illinois Department of
Corrections or the Department of |
Human Services or prosecutors who are
evaluating, |
prosecuting, or investigating a potential or actual |
petition
brought
under the Sexually Violent Persons |
Commitment Act relating to a person who is
the
subject of |
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juvenile law enforcement records or the respondent to a |
petition
brought under the Sexually Violent Persons |
Commitment Act who is the subject of
the
juvenile law |
enforcement records sought.
Any records and any |
information obtained from those records under this
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paragraph (9) may be used only in sexually violent persons |
commitment
proceedings.
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(10) The president of a park district. Inspection and |
copying shall be limited to law enforcement records |
transmitted to the president of the park district by the |
Illinois State Police under Section 8-23 of the Park |
District Code or Section 16a-5 of the Chicago Park District |
Act concerning a person who is seeking employment with that |
park district and who has been adjudicated a juvenile |
delinquent for any of the offenses listed in subsection (c) |
of Section 8-23 of the Park District Code or subsection (c) |
of Section 16a-5 of the Chicago Park District Act. |
(B)(1) Except as provided in paragraph (2), no law |
enforcement
officer or other person or agency may knowingly |
transmit to the Department of
Corrections or the Department of |
State Police or to the Federal
Bureau of Investigation any |
fingerprint or photograph relating to a minor who
has been |
arrested or taken into custody before his or her 18th birthday,
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unless the court in proceedings under this Act authorizes the |
transmission or
enters an order under Section 5-805 permitting |
or requiring the
institution of
criminal proceedings.
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(2) Law enforcement officers or other persons or agencies |
shall transmit
to the Department of State Police copies of |
fingerprints and descriptions
of all minors who have been |
arrested or taken into custody before their
18th birthday for |
the offense of unlawful use of weapons under Article 24 of
the |
Criminal Code of 1961 or the Criminal Code of 2012, a Class X |
or Class 1 felony, a forcible felony as
defined in Section 2-8 |
of the Criminal Code of 1961 or the Criminal Code of 2012, or a |
Class 2 or greater
felony under the Cannabis Control Act, the |
Illinois Controlled Substances Act, the Methamphetamine |
Control and Community Protection Act,
or Chapter 4 of the |
Illinois Vehicle Code, pursuant to Section 5 of the
Criminal |
Identification Act. Information reported to the Department |
pursuant
to this Section may be maintained with records that |
the Department files
pursuant to Section 2.1 of the Criminal |
Identification Act. Nothing in this
Act prohibits a law |
enforcement agency from fingerprinting a minor taken into
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custody or arrested before his or her 18th birthday for an |
offense other than
those listed in this paragraph (2).
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(C) The records of law enforcement officers, or of an |
independent agency created by ordinance and charged by a unit |
of local government with the duty of investigating the conduct |
of law enforcement officers, concerning all minors under
18 |
years of age must be maintained separate from the records of |
arrests and
may not be open to public inspection or their |
contents disclosed to the
public. For purposes of obtaining |
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documents under this Section, a civil subpoena is not an order |
of the court. |
(1) In cases where the law enforcement, or independent |
agency, records concern a pending juvenile court case, the |
party seeking to inspect the records shall provide actual |
notice to the attorney or guardian ad litem of the minor |
whose records are sought. |
(2) In cases where the records concern a juvenile court |
case that is no longer pending, the party seeking to |
inspect the records shall provide actual notice to the |
minor or the minor's parent or legal guardian, and the |
matter shall be referred to the chief judge presiding over |
matters pursuant to this Act. |
(3) In determining whether the records should be |
available for inspection, the court shall consider the |
minor's interest in confidentiality and rehabilitation |
over the moving party's interest in obtaining the |
information. Any records obtained in violation of this |
subsection (C) shall not be admissible in any criminal or |
civil proceeding, or operate to disqualify a minor from |
subsequently holding public office or securing employment, |
or operate as a forfeiture of any public benefit, right, |
privilege, or right to receive any license granted by |
public authority.
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(D) Nothing contained in subsection (C) of this Section |
shall prohibit
the inspection or disclosure to victims and |
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witnesses of photographs
contained in the records of law |
enforcement agencies when the
inspection and disclosure is |
conducted in the presence of a law enforcement
officer for the |
purpose of the identification or apprehension of any person
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subject to the provisions of this Act or for the investigation |
or
prosecution of any crime.
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(E) Law enforcement officers, and personnel of an |
independent agency created by ordinance and charged by a unit |
of local government with the duty of investigating the conduct |
of law enforcement officers, may not disclose the identity of |
any minor
in releasing information to the general public as to |
the arrest, investigation
or disposition of any case involving |
a minor.
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(F) Nothing contained in this Section shall prohibit law |
enforcement
agencies from communicating with each other by |
letter, memorandum, teletype or
intelligence alert bulletin or |
other means the identity or other relevant
information |
pertaining to a person under 18 years of age if there are
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reasonable grounds to believe that the person poses a real and |
present danger
to the safety of the public or law enforcement |
officers. The information
provided under this subsection (F) |
shall remain confidential and shall not
be publicly disclosed, |
except as otherwise allowed by law.
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(G) Nothing in this Section shall prohibit the right of a |
Civil Service
Commission or appointing authority of any state, |
county or municipality
examining the character and fitness of |
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an applicant for employment with a law
enforcement agency, |
correctional institution, or fire department
from obtaining |
and examining the
records of any law enforcement agency |
relating to any record of the applicant
having been arrested or |
taken into custody before the applicant's 18th
birthday.
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(H) The changes made to this Section by Public Act 98-61 |
apply to law enforcement records of a minor who has been |
arrested or taken into custody on or after January 1, 2014 (the |
effective date of Public Act 98-61). |
(I) Willful violation of this Section is a Class C |
misdemeanor and each violation is subject to a fine of $1,000. |
This subsection (I) shall not apply to the person who is the |
subject of the record. |
(J) A person convicted of violating this Section is liable |
for damages in the amount of $1,000 or actual damages, |
whichever is greater. |
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; |
revised 10-5-17.)
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(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
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Sec. 1-8. Confidentiality and accessibility of juvenile |
court records.
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(A) A juvenile adjudication shall never be considered a |
conviction nor shall an adjudicated individual be considered a |
criminal. Unless expressly allowed by law, a juvenile |
adjudication shall not operate to impose upon the individual |
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any of the civil disabilities ordinarily imposed by or |
resulting from conviction. Unless expressly allowed by law, |
adjudications shall not prejudice or disqualify the individual |
in any civil service application or appointment, from holding |
public office, or from receiving any license granted by public |
authority. All juvenile records which have not been expunged |
are sealed and may never be disclosed to the general public or |
otherwise made widely available. Sealed records may be obtained |
only under this Section and Section 1-7 and Section 5-915 of |
this Act, when their use is needed for good cause and with an |
order from the juvenile court, as required by those not |
authorized to retain them. Inspection and copying of juvenile |
court records relating to a minor
who is the subject of a |
proceeding under this Act shall be restricted to the
following:
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(1) The minor who is the subject of record, his |
parents, guardian
and counsel.
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(2) Law enforcement officers and law enforcement |
agencies when such
information is essential to executing an |
arrest or search warrant or other
compulsory process, or to |
conducting an ongoing investigation
or relating to a minor |
who
has been adjudicated delinquent and there has been a |
previous finding that
the act which constitutes the |
previous offense was committed in furtherance
of criminal |
activities by a criminal street gang.
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Before July 1, 1994, for the purposes of this Section, |
"criminal street
gang" means any ongoing
organization, |
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association, or group of 3 or more persons, whether formal |
or
informal, having as one of its primary activities the |
commission of one or
more criminal acts and that has a |
common name or common identifying sign,
symbol or specific |
color apparel displayed, and whose members individually
or |
collectively engage in or have engaged in a pattern of |
criminal activity.
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Beginning July 1, 1994, for purposes of this Section, |
"criminal street
gang" has the meaning ascribed to it in |
Section 10 of the Illinois Streetgang
Terrorism Omnibus |
Prevention Act.
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(3) Judges, hearing officers, prosecutors, public |
defenders, probation officers, social
workers or other
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individuals assigned by the court to conduct a |
pre-adjudication or
predisposition investigation, and |
individuals responsible for supervising
or providing |
temporary or permanent care and custody for minors pursuant
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to the order of the juvenile court when essential to |
performing their
responsibilities.
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(4) Judges, prosecutors, public defenders, and |
probation officers:
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(a) in the course of a trial when institution of |
criminal proceedings
has been permitted or required |
under Section 5-805; or
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(b) when criminal proceedings have been permitted
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or
required under Section 5-805 and a minor is the |
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subject of a
proceeding to
determine the amount of |
bail; or
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(c) when criminal proceedings have been permitted
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or
required under Section 5-805 and a minor is the |
subject of a
pre-trial
investigation, pre-sentence |
investigation or fitness hearing, or
proceedings on an |
application for probation; or
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(d) when a minor becomes 18 years of age or older, |
and is the subject
of criminal proceedings, including a |
hearing to determine the amount of
bail, a pre-trial |
investigation, a pre-sentence investigation, a fitness
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hearing, or proceedings on an application for |
probation.
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(5) Adult and Juvenile Prisoner Review Boards.
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(6) Authorized military personnel.
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(7) Victims, their subrogees and legal |
representatives; however, such
persons shall have access |
only to the name and address of the minor and
information |
pertaining to the disposition or alternative adjustment |
plan
of the juvenile court.
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(8) Persons engaged in bona fide research, with the |
permission of the
presiding judge of the juvenile court and |
the chief executive of the agency
that prepared the |
particular records; provided that publication of such
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research results in no disclosure of a minor's identity and |
protects the
confidentiality of the record.
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(9) The Secretary of State to whom the Clerk of the |
Court shall report
the disposition of all cases, as |
required in Section 6-204 of the Illinois
Vehicle Code. |
However, information reported relative to these offenses |
shall
be privileged and available only to the Secretary of |
State, courts, and police
officers.
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(10) The administrator of a bonafide substance abuse |
student
assistance program with the permission of the |
presiding judge of the
juvenile court.
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(11) Mental health professionals on behalf of the |
Illinois Department of
Corrections or the Department of |
Human Services or prosecutors who are
evaluating, |
prosecuting, or investigating a potential or actual |
petition
brought
under the Sexually Violent Persons |
Commitment Act relating to a person who is the
subject of
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juvenile court records or the respondent to a petition |
brought under
the
Sexually Violent Persons Commitment Act, |
who is the subject of juvenile
court records
sought. Any |
records and any information obtained from those records |
under this
paragraph (11) may be used only in sexually |
violent persons commitment
proceedings.
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(A-1) Findings and exclusions of paternity entered in |
proceedings occurring under Article II of this Act shall be |
disclosed, in a manner and form approved by the Presiding Judge |
of the Juvenile Court, to the Department of Healthcare and |
Family Services when necessary to discharge the duties of the |
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Department of Healthcare and Family Services under Article X of |
the Illinois Public Aid Code. |
(B) A minor who is the victim in a juvenile proceeding |
shall be
provided the same confidentiality regarding |
disclosure of identity as the
minor who is the subject of |
record.
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(C) Juvenile court
records shall not be made available to |
the general public. For purposes of inspecting documents under |
this Section, a civil subpoena is not an order of the court.
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(0.1) In cases where the records concern a pending |
juvenile court case, the requesting party seeking to |
inspect the juvenile court records shall provide actual |
notice to the attorney or guardian ad litem of the minor |
whose records are sought. |
(0.2) In cases where the records concern a juvenile |
court case that is no longer pending, the requesting party |
seeking to inspect the juvenile court records shall provide |
actual notice to the minor or the minor's parent or legal |
guardian, and the matter shall be referred to the chief |
judge presiding over matters pursuant to this Act. |
(0.3) In determining whether records should be made |
available for inspection and whether inspection should be |
limited to certain parts of the file, the court shall |
consider the minor's interest in confidentiality and |
rehabilitation over the requesting party's interest in |
obtaining the information. The State's Attorney, the |
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minor, and the minor's parents, guardian, and counsel shall |
at all times have the right to examine court files and |
records. |
(0.4) Any records obtained in violation of this Section |
shall not be admissible in any criminal or civil |
proceeding, or operate to disqualify a minor from |
subsequently holding public office, or operate as a |
forfeiture of any public benefit, right, privilege, or |
right to receive any license granted by public authority.
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(D) Pending or following any adjudication of delinquency |
for
any offense defined
in Sections 11-1.20 through 11-1.60 or |
12-13 through 12-16 of the Criminal Code of 1961 or the |
Criminal Code of 2012,
the victim of any such offense shall |
receive the
rights set out in Sections 4 and 6 of the Bill of
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Rights for Victims and Witnesses of Violent Crime Act; and the
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juvenile who is the subject of the adjudication, |
notwithstanding any other
provision of this Act, shall be |
treated
as an adult for the purpose of affording such rights to |
the victim.
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(E) Nothing in this Section shall affect the right of a |
Civil Service
Commission or appointing authority of any state, |
county or municipality
examining the character and fitness of
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an applicant for employment with a law enforcement
agency, |
correctional institution, or fire department to
ascertain
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whether that applicant was ever adjudicated to be a delinquent |
minor and,
if so, to examine the records of disposition or |
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evidence which were made in
proceedings under this Act.
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(F) Following any adjudication of delinquency for a crime |
which would be
a felony if committed by an adult, or following |
any adjudication of delinquency
for a violation of Section |
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
Criminal Code of 2012, the State's Attorney shall ascertain
|
whether the minor respondent is enrolled in school and, if so, |
shall provide
a copy of the dispositional order to the |
principal or chief administrative
officer of the school. Access |
to such juvenile records shall be limited
to the principal or |
chief administrative officer of the school and any guidance
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counselor designated by him.
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(G) Nothing contained in this Act prevents the sharing or
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disclosure of information or records relating or pertaining to |
juveniles
subject to the provisions of the Serious Habitual |
Offender Comprehensive
Action Program when that information is |
used to assist in the early
identification and treatment of |
habitual juvenile offenders.
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(H) When a Court hearing a proceeding under Article II of |
this Act becomes
aware that an earlier proceeding under Article |
II had been heard in a different
county, that Court shall |
request, and the Court in which the earlier
proceedings were |
initiated shall transmit, an authenticated copy of the Court
|
record, including all documents, petitions, and orders filed |
therein and the
minute orders, transcript of proceedings, and |
docket entries of the Court.
|
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(I) The Clerk of the Circuit Court shall report to the |
Department of
State
Police, in the form and manner required by |
the Department of State Police, the
final disposition of each |
minor who has been arrested or taken into custody
before his or |
her 18th birthday for those offenses required to be reported
|
under Section 5 of the Criminal Identification Act. Information |
reported to
the Department under this Section may be maintained |
with records that the
Department files under Section 2.1 of the |
Criminal Identification Act.
|
(J) The changes made to this Section by Public Act 98-61 |
apply to law enforcement records of a minor who has been |
arrested or taken into custody on or after January 1, 2014 (the |
effective date of Public Act 98-61). |
(K) Willful violation of this Section is a Class C |
misdemeanor and each violation is subject to a fine of $1,000. |
This subsection (K) shall not apply to the person who is the |
subject of the record. |
(L) A person convicted of violating this Section is liable |
for damages in the amount of $1,000 or actual damages, |
whichever is greater. |
(Source: P.A. 100-285, eff. 1-1-18.)
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(705 ILCS 405/5-915)
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Sec. 5-915. Expungement of juvenile law enforcement and |
court records.
|
(0.05) For purposes of this Section: |
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"Dissemination" or "disseminate" means to publish, |
produce, print, manufacture, distribute, sell, lease, |
exhibit, broadcast, display, transmit, or otherwise share |
information in any format so as to make the information |
accessible to others. |
"Expunge" means to physically destroy the records and |
to obliterate the minor's name and juvenile court records |
from any official index, public record, or electronic |
database. No evidence of the juvenile court records may be |
retained by any law enforcement agency, the juvenile court, |
or by any municipal, county, or State agency or department. |
Nothing in this Act shall require the physical destruction |
of the internal office records, files, or databases |
maintained by a State's Attorney's Office or other |
prosecutor, public defender, probation officer, or by the |
Office of the Secretary of State. |
"Juvenile court record" includes, but is not limited |
to: |
(a) all documents filed in or maintained by the |
juvenile court pertaining to a specific incident, |
proceeding, or individual; |
(b) all documents relating to a specific incident, |
proceeding, or individual made available to or maintained |
by probation officers; |
(c) all documents, video or audio tapes, |
photographs, and exhibits admitted into evidence at |
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juvenile court hearings; or |
(d) all documents, transcripts, records, reports |
or other evidence prepared by, maintained by, or released |
by any municipal, county, or State state agency or |
department, in any format, if indicating involvement with |
the juvenile court relating to a specific incident, |
proceeding, or individual. |
"Law enforcement record" includes, but is not limited |
to, records of arrest, station adjustments, fingerprints, |
probation adjustments, the issuance of a notice to appear, |
or any other records or documents maintained by any law |
enforcement agency relating to a minor suspected of |
committing an offense or evidence of interaction with law |
enforcement. |
(0.1) (a) The Department of State Police and all law |
enforcement agencies within the State shall automatically |
expunge, on or before January 1 of each year, all law |
enforcement records relating to events occurring before an |
individual's 18th birthday if: |
(1) one year or more has elapsed since the date of the |
arrest or law enforcement interaction documented in the |
records; |
(2) no petition for delinquency or criminal charges |
were filed with the clerk of the circuit court relating to |
the arrest or law enforcement interaction documented in the |
records; and |
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(3) 6 months have elapsed without an additional |
subsequent arrest or filing of a petition for delinquency |
or criminal charges whether related or not to the arrest or |
law enforcement interaction documented in the records. |
(b) If the law enforcement agency is unable to verify |
satisfaction of conditions (2) and (3) of this subsection |
(0.1), records that satisfy condition (1) of this subsection |
(0.1) shall be automatically expunged if the records relate to |
an offense that if committed by an adult would not be an |
offense classified as Class 2 felony or higher, an offense |
under Article 11 of the Criminal Code of 1961 or Criminal Code |
of 2012, or an offense under Section 12-13, 12-14, 12-14.1, |
12-15, or 12-16 of the Criminal Code of 1961. |
(0.2) (a) Upon dismissal of a petition alleging delinquency |
or upon a finding of not delinquent, the successful termination |
of an order of supervision, or the successful termination of an |
adjudication for an offense which would be a Class B |
misdemeanor, Class C misdemeanor, or a petty or business |
offense if committed by an adult, the court shall automatically |
order the expungement of the juvenile court and law enforcement |
records. The clerk shall deliver a certified copy of the |
expungement order to the Department of State Police and the |
arresting agency. Upon request, the State's Attorney shall |
furnish the name of the arresting agency. The expungement shall |
be completed within 60 business days after the receipt of the |
expungement order. |
|
(b) If the chief law enforcement officer of the agency, or |
his or her designee, certifies in writing that certain |
information is needed for a pending investigation involving the |
commission of a felony, that information, and information |
identifying the juvenile, may be retained in an intelligence |
file until the investigation is terminated or for one |
additional year, whichever is sooner. Retention of a portion of |
a juvenile's law enforcement record does not disqualify the |
remainder of his or her record from immediate automatic |
expungement. |
(0.3) (a) Upon an adjudication of delinquency based on any |
offense except a disqualified offense, the juvenile court shall |
automatically order the expungement of the juvenile court and |
law enforcement records 2 years after the juvenile's case was |
closed if no delinquency or criminal proceeding is pending and |
the person has had no subsequent delinquency adjudication or |
criminal conviction. The clerk shall deliver a certified copy |
of the expungement order to the Department of State Police and |
the arresting agency. Upon request, the State's Attorney shall |
furnish the name of the arresting agency. The expungement shall |
be completed within 60 business days after the receipt of the |
expungement order The court shall automatically order the |
expungement of the juvenile court and law enforcement records |
within 60 business days. For the purposes of this subsection |
(0.3), "disqualified offense" means any of the following |
offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, |
|
10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, |
12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, |
12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, |
18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, |
24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, |
31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or |
subsection (b) of Section 8-1, paragraph (4) of subsection (a) |
of Section 11-14.4, subsection (a-5) of Section 12-3.1, |
paragraph (1), (2), or (3) of subsection (a) of Section 12-6, |
subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or |
(2) of subsection (a) of Section 12-7.4, subparagraph (i) of |
paragraph (1) of subsection (a) of Section 12-9, subparagraph |
(H) of paragraph (3) of subsection (a) of Section 24-1.6, |
paragraph (1) of subsection (a) of Section 25-1, or subsection |
(a-7) of Section 31-1 of the Criminal Code of 2012. |
(b) If the chief law enforcement officer of the agency, or |
his or her designee, certifies in writing that certain |
information is needed for a pending investigation involving the |
commission of a felony, that information, and information |
identifying the juvenile, may be retained in an intelligence |
file until the investigation is terminated or for one |
additional year, whichever is sooner. Retention of a portion of |
a juvenile's law enforcement record does not disqualify the |
remainder of his or her record from immediate automatic |
expungement. |
|
(1) Nothing in this subsection (1) precludes an eligible |
minor from obtaining expungement under subsection subsections |
(0.1), (0.2), or (0.3). Whenever a person has been arrested, |
charged, or adjudicated delinquent for an incident occurring |
before his or her 18th birthday that if committed by an adult |
would be an offense, and that person's records are not eligible |
for automatic expungement under subsection subsections (0.1), |
(0.2), or (0.3), the
person may petition the court at any time |
for expungement of law
enforcement records and juvenile court |
records relating to the incident and, upon termination of all |
juvenile
court proceedings relating to that incident, the court |
shall order the expungement of all records in the possession of |
the Department of State Police, the clerk of the circuit court, |
and law enforcement agencies relating to the incident, but only |
in any of the following circumstances:
|
(a) the minor was arrested and no petition for |
delinquency was filed with
the clerk of the circuit court; |
(a-5) the minor was charged with an offense and the |
petition or petitions were dismissed without a finding of |
delinquency;
|
(b) the minor was charged with an offense and was found |
not delinquent of
that offense;
|
(c) the minor was placed under supervision pursuant to |
Section 5-615, and
the order of
supervision has since been |
successfully terminated; or
|
(d)
the minor was adjudicated for an offense which |
|
would be a Class B
misdemeanor, Class C misdemeanor, or a |
petty or business offense if committed by an adult.
|
(1.5) January 1, 2015 (Public Act 98-637) The Department of |
State Police shall allow a person to use the Access and Review |
process, established in the Department of State Police, for |
verifying that his or her law enforcement records relating to |
incidents occurring before his or her 18th birthday eligible |
under this Act have been expunged. |
(1.6) (Blank). January 1, 2015 (Public Act 98-637) January |
1, 2015 (Public Act 98-637) |
(1.7) (Blank). |
(1.8) (Blank). |
(2) Any person whose delinquency adjudications are not |
eligible for automatic expungement under subsection (0.3) of |
this Section may petition the court to expunge all law |
enforcement records
relating to any
incidents occurring before |
his or her 18th birthday which did not result in
proceedings in |
criminal court and all juvenile court records with respect to
|
any adjudications except those based upon first degree
murder |
or an offense under Article 11 of the Criminal Code of 2012 if |
the person is required to register under the Sex Offender |
Registration Act; provided that:
|
(a) (blank); or
|
(b) 2 years have elapsed since all juvenile court |
proceedings relating to
him or her have been terminated and |
his or her commitment to the Department of
Juvenile Justice
|
|
under this Act has been terminated.
|
(2.5) If a minor is arrested and no petition for |
delinquency is filed with the clerk of the circuit court at the |
time the minor is released from custody, the youth officer, if |
applicable, or other designated person from the arresting |
agency, shall notify verbally and in writing to the minor or |
the minor's parents or guardians that the minor shall have an |
arrest record and shall provide the minor and the minor's |
parents or guardians with an expungement information packet, |
information regarding this State's expungement laws including |
a petition to expunge juvenile records obtained from the clerk |
of the circuit court. |
(2.6) If a minor is referred to court then at the time of |
sentencing or dismissal of the case, or successful completion |
of supervision, the judge shall inform the delinquent minor of |
his or her rights regarding expungement and the clerk of the |
circuit court shall provide an expungement information packet |
to the minor, written in plain language, including information |
regarding this State's expungement laws and a petition for |
expungement, a sample of a completed petition, expungement |
instructions that shall include information informing the |
minor that (i) once the case is expunged, it shall be treated |
as if it never occurred, (ii) he or she may apply to have |
petition fees waived, (iii) once he or she obtains an |
expungement, he or she may not be required to disclose that he |
or she had a juvenile record, and (iv) if petitioning he or she |
|
may file the petition on his or her own or with the assistance |
of an attorney. The failure of the judge to inform the |
delinquent minor of his or her right to petition for |
expungement as provided by law does not create a substantive |
right, nor is that failure grounds for: (i) a reversal of an |
adjudication of delinquency, (ii) a new trial; or (iii) an |
appeal. |
(2.7) (Blank). |
(2.8) The petition for expungement for subsection (1) and |
(2) may include multiple offenses on the same petition and |
shall be substantially in the following form: |
IN THE CIRCUIT COURT OF ......, ILLINOIS
|
........ JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
PETITION TO EXPUNGE JUVENILE RECORDS |
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2)) |
Now comes ............., petitioner, and respectfully requests
|
that this Honorable Court enter an order expunging all juvenile |
law enforcement and court records of petitioner and in support |
thereof states that:
Petitioner was arrested on ..... by the |
|
....... Police Department for the offense or offenses of |
......., and:
|
(Check All That Apply:)
|
( ) a. no petition or petitions were filed with the Clerk of |
the Circuit Court. |
( ) b. was charged with ...... and was found not delinquent
of |
the offense or offenses. |
( ) c. a petition or petitions were filed and the petition or |
petitions were dismissed without a finding of delinquency on |
..... |
( ) d. on ....... placed under supervision pursuant to Section |
5-615 of the Juvenile Court Act of 1987 and such order of |
supervision successfully terminated on ........ |
( ) e. was adjudicated for the offense or offenses, which would |
have been a Class B misdemeanor, a Class C misdemeanor, or a |
petty offense or business offense if committed by an adult. |
( ) f. was adjudicated for a Class A misdemeanor or felony, |
except first degree murder or an offense under Article 11 of |
the Criminal Code of 2012 if the person is required to register |
under the Sex Offender Registration Act, and 2 years have |
passed since the case was closed.
|
Petitioner .... has .... has not been arrested on charges in |
this or any county other than the charges listed above. If |
petitioner has been arrested on additional charges, please list |
the charges below:
|
Charge(s): ...... |
|
Arresting Agency or Agencies: ........... |
Disposition/Result: (choose from a. through f., above): .....
|
WHEREFORE, the petitioner respectfully requests this Honorable |
Court to (1) order all law enforcement agencies to expunge all |
records of petitioner to this incident or incidents, and (2) to |
order the Clerk of the Court to expunge all records concerning |
the petitioner regarding this incident or incidents.
|
......................
|
Petitioner (Signature)
|
..........................
|
Petitioner's Street Address
|
.....................
|
City, State, Zip Code
|
.............................
|
Petitioner's Telephone Number
|
Pursuant to the penalties of perjury under the Code of Civil |
Procedure, 735 ILCS 5/1-109, I hereby certify that the |
statements in this petition are true and correct, or on |
information and belief I believe the same to be true.
|
......................
|
|
Petitioner (Signature)
|
first degree |
(3) The chief judge of the circuit in which an arrest was |
made or a charge
was brought or any
judge of that circuit |
designated by the chief judge
may, upon verified petition
of a |
person who is the subject of an arrest or a juvenile court |
proceeding
under subsection (1) or (2) of this Section, order |
the law enforcement
records or official court file, or both, to |
be expunged from the official
records of the arresting |
authority, the clerk of the circuit court and the
Department of |
State Police. The person whose records are to be expunged shall |
petition the court using the appropriate form containing his or |
her current address and shall promptly notify the clerk of the |
circuit court of any change of address. Notice
of the petition |
shall be served upon the State's Attorney or prosecutor charged |
with the duty of prosecuting the offense, the Department of |
State Police, and the arresting agency or agencies by the clerk |
of the circuit court. If an objection is filed within 45
days |
of the notice of the petition, the clerk of the circuit court |
shall set a date for hearing after the 45-day objection period. |
At the hearing the court shall hear evidence on whether the |
expungement should or should not be granted. Unless the State's |
Attorney or prosecutor, the Department of State Police, or an |
arresting agency objects to the expungement within 45
days of |
the notice, the court may enter an order granting expungement. |
The clerk shall forward a certified copy of the order to the |
|
.....................
|
ATTENTION: Expungement
|
You are hereby notified that on ....., at ....., in courtroom |
..., located at ..., before the Honorable ..., Judge, or any |
judge sitting in his/her stead, I shall then and there present |
a Petition to Expunge Juvenile records in the above-entitled |
matter, at which time and place you may appear. |
......................
|
Petitioner's Signature
|
...........................
|
Petitioner's Street Address
|
.....................
|
City, State, Zip Code
|
.............................
|
Petitioner's Telephone Number
|
PROOF OF SERVICE
|
On the ....... day of ......, 20..., I on oath state that I |
served this notice and true and correct copies of the |
above-checked documents by: |
(Check One:) |
delivering copies personally to each entity to whom they are |
directed; |
or |
by mailing copies to each entity to whom they are directed by |
depositing the same in the U.S. Mail, proper postage fully |
prepaid, before the hour of 5:00 p.m., at the United States |
|
Postal Depository located at ................. |
.........................................
|
|
Signature |
Clerk of the Circuit Court or Deputy Clerk
|
Printed Name of Delinquent Minor/Petitioner: .... |
Address: ........................................ |
Telephone Number: ............................... |
(3.2) The Order of Expungement shall be in substantially |
the following form: |
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
.... JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
DOB ................ |
Arresting Agency/Agencies ...... |
ORDER OF EXPUNGEMENT
|
(705 ILCS 405/5-915 (SUBSECTION 3))
|
This matter having been heard on the petitioner's motion and |
the court being fully advised in the premises does find that |
the petitioner is indigent or has presented reasonable cause to |
|
waive all costs in this matter, IT IS HEREBY ORDERED that: |
( ) 1. Clerk of Court and Department of State Police costs |
are hereby waived in this matter. |
( ) 2. The Illinois State Police Bureau of Identification |
and the following law enforcement agencies expunge all records |
of petitioner relating to an arrest dated ...... for the |
offense of ...... |
Law Enforcement Agencies:
|
.........................
|
.........................
|
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit |
Court expunge all records regarding the above-captioned case. |
ENTER: ......................
|
|
JUDGE |
DATED: ....... |
Name:
|
Attorney for:
|
Address:
City/State/Zip:
|
Attorney Number: |
(3.3) The Notice of Objection shall be in substantially the |
following form: |
IN THE CIRCUIT COURT OF ....., ILLINOIS
|
....................... JUDICIAL CIRCUIT
|
IN THE INTEREST OF ) NO.
|
|
)
|
)
|
...................)
|
(Name of Petitioner)
|
NOTICE OF OBJECTION
|
TO:(Attorney, Public Defender, Minor)
|
.................................
|
.................................
|
TO:(Illinois State Police)
|
.................................
|
................................. |
TO:(Clerk of the Court)
|
.................................
|
.................................
|
TO:(Judge)
|
.................................
|
.................................
|
TO:(Arresting Agency/Agencies)
|
.................................
|
................................. |
ATTENTION:
You are hereby notified that an objection has been |
filed by the following entity regarding the above-named minor's |
petition for expungement of juvenile records: |
( ) State's Attorney's Office;
|
( ) Prosecutor (other than State's Attorney's Office) charged |
|
with the duty of prosecuting the offense sought to be expunged;
|
( ) Department of Illinois State Police; or
|
( ) Arresting Agency or Agencies.
|
The agency checked above respectfully requests that this case |
be continued and set for hearing on whether the expungement |
should or should not be granted.
|
DATED: ....... |
Name: |
Attorney For:
|
Address: |
City/State/Zip:
|
Telephone:
|
Attorney No.:
|
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
|
This matter has been set for hearing on the foregoing |
objection, on ...... in room ...., located at ....., before the |
Honorable ....., Judge, or any judge sitting in his/her stead.
|
(Only one hearing shall be set, regardless of the number of |
Notices of Objection received on the same case).
|
A copy of this completed Notice of Objection containing the |
court date, time, and location, has been sent via regular U.S. |
Mail to the following entities. (If more than one Notice of |
Objection is received on the same case, each one must be |
completed with the court date, time and location and mailed to |
the following entities):
|
( ) Attorney, Public Defender or Minor;
|
|
( ) State's Attorney's Office; |
( ) Prosecutor (other than State's Attorney's Office) charged |
with the duty of prosecuting the offense sought to be expunged; |
( ) Department of Illinois State Police; and |
( ) Arresting agency or agencies.
|
Date: ...... |
Initials of Clerk completing this section: .....
|
(4)(a) Upon entry of an order expunging records or files, |
the offense, which
the records or files concern shall be |
treated as if it never occurred. Law
enforcement officers and |
other public offices and agencies shall properly reply
on |
inquiry that no record or file exists with respect to the
|
person.
|
(a-5) Local law enforcement agencies shall send written |
notice to the minor of the expungement of any records within 60 |
days of automatic expungement or the date of service of an |
expungement order, whichever applies. If a minor's court file |
has been expunged, the clerk of the circuit court shall send |
written notice to the minor of the expungement of any records |
within 60 days of automatic expungement or the date of service |
of an expungement order, whichever applies. |
(b) Except with respect to authorized military personnel, |
an expunged juvenile record may not be considered by any |
private or public entity in employment matters, certification, |
licensing, revocation of certification or licensure, or |
registration. Applications for employment within the State |
|
must contain specific language that states that the applicant |
is not obligated to disclose expunged juvenile records of |
adjudication or arrest. Employers may not ask, in any format or |
context, if an applicant has had a juvenile record expunged. |
Information about an expunged record obtained by a potential |
employer, even inadvertently, from an employment application |
that does not contain specific language that states that the |
applicant is not obligated to disclose expunged juvenile |
records of adjudication or arrest, shall be treated as |
dissemination of an expunged record by the employer. |
(c) A person whose juvenile records have been expunged is |
not entitled to remission of any fines, costs, or other money |
paid as a consequence of expungement. |
(5) (Blank).,
|
(5.5) Whether or not expunged, records eligible for |
automatic expungement under subdivision (0.1)(a), (0.2)(a), or |
(0.3)(a) may be treated as expunged by the individual subject |
to the records. |
(6) Nothing in this Section shall be construed to prohibit |
the maintenance
of information relating to an offense after |
records or files concerning the
offense have been expunged if |
the information is kept in a manner that does not
enable |
identification of the individual. This information may only be |
used for anonymous
statistical and bona fide research purposes. |
(6.5) The Department of State Police or any employee of the |
Department shall be immune from civil or criminal liability for |
|
failure to expunge any records of arrest that are subject to |
expungement under this Section because of inability to verify a |
record. Nothing in this Section shall create Department of |
State Police liability or responsibility for the expungement of |
law enforcement records it does not possess. |
(7)(a) The State Appellate Defender shall establish, |
maintain, and carry out, by December 31, 2004, a juvenile |
expungement program
to provide information and assistance to |
minors eligible to have their juvenile records expunged.
|
(b) The State Appellate Defender shall develop brochures, |
pamphlets, and
other
materials in
printed form and through the |
agency's World Wide Web site. The pamphlets and
other materials |
shall
include at a minimum the following information:
|
(i) An explanation of the State's juvenile expungement |
laws, including both automatic expungement and expungement |
by petition; |
(ii) The circumstances under which juvenile |
expungement may occur; |
(iii) The juvenile offenses that may be expunged; |
(iv) The steps necessary to initiate and complete the |
juvenile expungement process;
and |
(v) Directions on how to contact the State Appellate |
Defender. |
(c) The State Appellate Defender shall establish and |
maintain a statewide
toll-free telephone
number that a person |
may use to receive information or assistance concerning
the |
|
expungement of juvenile records. The State Appellate
Defender |
shall advertise
the toll-free telephone number statewide. The |
State Appellate Defender shall
develop an expungement
|
information packet that may be sent to eligible persons seeking |
expungement of
their juvenile records,
which may include, but |
is not limited to, a pre-printed expungement petition
with |
instructions on how
to complete the petition and a pamphlet |
containing information that would
assist individuals through
|
the juvenile expungement process. |
(d) The State Appellate Defender shall compile a statewide |
list of volunteer
attorneys willing
to assist eligible |
individuals through the juvenile expungement process. |
(e) This Section shall be implemented from funds |
appropriated by the General
Assembly to the State
Appellate |
Defender
for this purpose. The State Appellate Defender shall |
employ the necessary staff
and adopt the
necessary rules for |
implementation of this Section. |
(7.5) (a) Willful dissemination of any information |
contained in an expunged record shall be treated as a Class C |
misdemeanor and punishable by a fine of $1,000 per violation. |
(b) Willful dissemination for financial gain of any |
information contained in an expunged record shall be treated as |
a Class 4 felony. Dissemination for financial gain by an |
employee of any municipal, county, or State agency, including |
law enforcement, shall result in immediate termination. |
(c) The person whose record was expunged has a right of |
|
action against any person who intentionally disseminates an |
expunged record. In the proceeding, punitive damages up to an |
amount of $1,000 may be sought in addition to any actual |
damages. The prevailing party shall be entitled to costs and |
reasonable attorney fees. |
(d) The punishments for dissemination of an expunged record |
shall never apply to the person whose record was expunged. |
(8)(a) An expunged juvenile record may not be considered by |
any private or public entity in employment matters, |
certification, licensing, revocation of certification or |
licensure, or registration. Applications for employment must |
contain specific language that states that the applicant is not |
obligated to disclose expunged juvenile records of |
adjudication, conviction, or arrest. Employers may not ask if |
an applicant has had a juvenile record expunged. Effective |
January 1, 2005, the Department of Labor shall develop a link |
on the Department's website to inform employers that employers |
may not ask if an applicant had a juvenile record expunged and |
that application for employment must contain specific language |
that states that the applicant is not obligated to disclose |
expunged juvenile records of adjudication, arrest, or |
conviction. |
(b) (Blank). Public Act 93-912 |
(c) The expungement of juvenile records under subsection |
subsections 0.1, 0.2, or 0.3 of this Section shall be funded by |
the additional fine imposed under Section 5-9-1.17 of the |