100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5304

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-7  from Ch. 37, par. 801-7
705 ILCS 405/1-8  from Ch. 37, par. 801-8
705 ILCS 405/5-915

    Amends the Juvenile Court Act of 1987. Provides that the minor who is the subject of record, his or her parents, guardian, and counsel shall have the right to inspect and copy law enforcement records maintained by a law enforcement agency or record 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. Provides that public defenders shall have access to these law enforcement and juvenile court records under specified circumstances. Makes changes to the juvenile court and law enforcement juvenile records expungement procedures. Effective immediately.


LRB100 19681 RLC 34955 b

 

 

A BILL FOR

 

HB5304LRB100 19681 RLC 34955 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-7, 1-8, and 5-915 as follows:
 
6    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
7    Sec. 1-7. Confidentiality of law enforcement and municipal
8ordinance violation records.
9    (A) All juvenile records which have not been expunged are
10sealed and may never be disclosed to the general public or
11otherwise made widely available. Sealed records may be obtained
12only under this Section and Sections Section 1-8 and 5-915 of
13this Act, when their use is needed for good cause and with an
14order from the juvenile court, as required by those not
15authorized to retain them. Inspection and copying of law
16enforcement records maintained by law enforcement agencies or
17records of municipal ordinance violations maintained by any
18State, local, or municipal agency that relate to a minor who
19has been investigated, arrested, or taken into custody before
20his or her 18th birthday shall be restricted to the following:
21        (0.05) The minor who is the subject of record, his or
22    her parents, guardian, and counsel.
23        (1) Any local, State, or federal law enforcement

 

 

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1    officers of any jurisdiction or agency when necessary for
2    the discharge of their official duties during the
3    investigation or prosecution of a crime or relating to a
4    minor who has been adjudicated delinquent and there has
5    been a previous finding that the act which constitutes the
6    previous offense was committed in furtherance of criminal
7    activities by a criminal street gang, or, when necessary
8    for the discharge of its official duties in connection with
9    a particular investigation of the conduct of a law
10    enforcement officer, an independent agency or its staff
11    created by ordinance and charged by a unit of local
12    government with the duty of investigating the conduct of
13    law enforcement officers. For purposes of this Section,
14    "criminal street gang" has the meaning ascribed to it in
15    Section 10 of the Illinois Streetgang Terrorism Omnibus
16    Prevention Act.
17        (2) Prosecutors, public defenders, probation officers,
18    social workers, or other individuals assigned by the court
19    to conduct a pre-adjudication or pre-disposition
20    investigation, and individuals responsible for supervising
21    or providing temporary or permanent care and custody for
22    minors pursuant to the order of the juvenile court, when
23    essential to performing their responsibilities.
24        (3) Prosecutors, public defenders, and probation
25    officers:
26            (a) in the course of a trial when institution of

 

 

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1        criminal proceedings has been permitted or required
2        under Section 5-805; or
3            (b) when institution of criminal proceedings has
4        been permitted or required under Section 5-805 and such
5        minor is the subject of a proceeding to determine the
6        amount of bail; or
7            (c) when criminal proceedings have been permitted
8        or required under Section 5-805 and such minor is the
9        subject of a pre-trial investigation, pre-sentence
10        investigation, fitness hearing, or proceedings on an
11        application for probation.
12        (4) Adult and Juvenile Prisoner Review Board.
13        (5) Authorized military personnel.
14        (6) Persons engaged in bona fide research, with the
15    permission of the Presiding Judge of the Juvenile Court and
16    the chief executive of the respective law enforcement
17    agency; provided that publication of such research results
18    in no disclosure of a minor's identity and protects the
19    confidentiality of the minor's record.
20        (7) Department of Children and Family Services child
21    protection investigators acting in their official
22    capacity.
23        (8) The appropriate school official only if the agency
24    or officer believes that there is an imminent threat of
25    physical harm to students, school personnel, or others who
26    are present in the school or on school grounds.

 

 

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1            (A) Inspection and copying shall be limited to law
2        enforcement records transmitted to the appropriate
3        school official or officials whom the school has
4        determined to have a legitimate educational or safety
5        interest by a local law enforcement agency under a
6        reciprocal reporting system established and maintained
7        between the school district and the local law
8        enforcement agency under Section 10-20.14 of the
9        School Code concerning a minor enrolled in a school
10        within the school district who has been arrested or
11        taken into custody for any of the following offenses:
12                (i) any violation of Article 24 of the Criminal
13            Code of 1961 or the Criminal Code of 2012;
14                (ii) a violation of the Illinois Controlled
15            Substances Act;
16                (iii) a violation of the Cannabis Control Act;
17                (iv) a forcible felony as defined in Section
18            2-8 of the Criminal Code of 1961 or the Criminal
19            Code of 2012;
20                (v) a violation of the Methamphetamine Control
21            and Community Protection Act;
22                (vi) a violation of Section 1-2 of the
23            Harassing and Obscene Communications Act;
24                (vii) a violation of the Hazing Act; or
25                (viii) a violation of Section 12-1, 12-2,
26            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

 

 

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1            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
2            Criminal Code of 1961 or the Criminal Code of 2012.
3            The information derived from the law enforcement
4        records shall be kept separate from and shall not
5        become a part of the official school record of that
6        child and shall not be a public record. The information
7        shall be used solely by the appropriate school official
8        or officials whom the school has determined to have a
9        legitimate educational or safety interest to aid in the
10        proper rehabilitation of the child and to protect the
11        safety of students and employees in the school. If the
12        designated law enforcement and school officials deem
13        it to be in the best interest of the minor, the student
14        may be referred to in-school or community based social
15        services if those services are available.
16        "Rehabilitation services" may include interventions by
17        school support personnel, evaluation for eligibility
18        for special education, referrals to community-based
19        agencies such as youth services, behavioral healthcare
20        service providers, drug and alcohol prevention or
21        treatment programs, and other interventions as deemed
22        appropriate for the student.
23            (B) Any information provided to appropriate school
24        officials whom the school has determined to have a
25        legitimate educational or safety interest by local law
26        enforcement officials about a minor who is the subject

 

 

HB5304- 6 -LRB100 19681 RLC 34955 b

1        of a current police investigation that is directly
2        related to school safety shall consist of oral
3        information only, and not written law enforcement
4        records, and shall be used solely by the appropriate
5        school official or officials to protect the safety of
6        students and employees in the school and aid in the
7        proper rehabilitation of the child. The information
8        derived orally from the local law enforcement
9        officials shall be kept separate from and shall not
10        become a part of the official school record of the
11        child and shall not be a public record. This limitation
12        on the use of information about a minor who is the
13        subject of a current police investigation shall in no
14        way limit the use of this information by prosecutors in
15        pursuing criminal charges arising out of the
16        information disclosed during a police investigation of
17        the minor. For purposes of this paragraph,
18        "investigation" means an official systematic inquiry
19        by a law enforcement agency into actual or suspected
20        criminal activity.
21        (9) Mental health professionals on behalf of the
22    Illinois Department of Corrections or the Department of
23    Human Services or prosecutors who are evaluating,
24    prosecuting, or investigating a potential or actual
25    petition brought under the Sexually Violent Persons
26    Commitment Act relating to a person who is the subject of

 

 

HB5304- 7 -LRB100 19681 RLC 34955 b

1    juvenile law enforcement records or the respondent to a
2    petition brought under the Sexually Violent Persons
3    Commitment Act who is the subject of the juvenile law
4    enforcement records sought. Any records and any
5    information obtained from those records under this
6    paragraph (9) may be used only in sexually violent persons
7    commitment proceedings.
8        (10) The president of a park district. Inspection and
9    copying shall be limited to law enforcement records
10    transmitted to the president of the park district by the
11    Illinois State Police under Section 8-23 of the Park
12    District Code or Section 16a-5 of the Chicago Park District
13    Act concerning a person who is seeking employment with that
14    park district and who has been adjudicated a juvenile
15    delinquent for any of the offenses listed in subsection (c)
16    of Section 8-23 of the Park District Code or subsection (c)
17    of Section 16a-5 of the Chicago Park District Act.
18    (B)(1) Except as provided in paragraph (2), no law
19enforcement officer or other person or agency may knowingly
20transmit to the Department of Corrections or the Department of
21State Police or to the Federal Bureau of Investigation any
22fingerprint or photograph relating to a minor who has been
23arrested or taken into custody before his or her 18th birthday,
24unless the court in proceedings under this Act authorizes the
25transmission or enters an order under Section 5-805 permitting
26or requiring the institution of criminal proceedings.

 

 

HB5304- 8 -LRB100 19681 RLC 34955 b

1    (2) Law enforcement officers or other persons or agencies
2shall transmit to the Department of State Police copies of
3fingerprints and descriptions of all minors who have been
4arrested or taken into custody before their 18th birthday for
5the offense of unlawful use of weapons under Article 24 of the
6Criminal Code of 1961 or the Criminal Code of 2012, a Class X
7or Class 1 felony, a forcible felony as defined in Section 2-8
8of the Criminal Code of 1961 or the Criminal Code of 2012, or a
9Class 2 or greater felony under the Cannabis Control Act, the
10Illinois Controlled Substances Act, the Methamphetamine
11Control and Community Protection Act, or Chapter 4 of the
12Illinois Vehicle Code, pursuant to Section 5 of the Criminal
13Identification Act. Information reported to the Department
14pursuant to this Section may be maintained with records that
15the Department files pursuant to Section 2.1 of the Criminal
16Identification Act. Nothing in this Act prohibits a law
17enforcement agency from fingerprinting a minor taken into
18custody or arrested before his or her 18th birthday for an
19offense other than those listed in this paragraph (2).
20    (C) The records of law enforcement officers, or of an
21independent agency created by ordinance and charged by a unit
22of local government with the duty of investigating the conduct
23of law enforcement officers, concerning all minors under 18
24years of age must be maintained separate from the records of
25arrests and may not be open to public inspection or their
26contents disclosed to the public. For purposes of obtaining

 

 

HB5304- 9 -LRB100 19681 RLC 34955 b

1documents under this Section, a civil subpoena is not an order
2of the court.
3        (1) In cases where the law enforcement, or independent
4    agency, records concern a pending juvenile court case, the
5    party seeking to inspect the records shall provide actual
6    notice to the attorney or guardian ad litem of the minor
7    whose records are sought.
8        (2) In cases where the records concern a juvenile court
9    case that is no longer pending, the party seeking to
10    inspect the records shall provide actual notice to the
11    minor or the minor's parent or legal guardian, and the
12    matter shall be referred to the chief judge presiding over
13    matters pursuant to this Act.
14        (3) In determining whether the records should be
15    available for inspection, the court shall consider the
16    minor's interest in confidentiality and rehabilitation
17    over the moving party's interest in obtaining the
18    information. Any records obtained in violation of this
19    subsection (C) shall not be admissible in any criminal or
20    civil proceeding, or operate to disqualify a minor from
21    subsequently holding public office or securing employment,
22    or operate as a forfeiture of any public benefit, right,
23    privilege, or right to receive any license granted by
24    public authority.
25    (D) Nothing contained in subsection (C) of this Section
26shall prohibit the inspection or disclosure to victims and

 

 

HB5304- 10 -LRB100 19681 RLC 34955 b

1witnesses of photographs contained in the records of law
2enforcement agencies when the inspection and disclosure is
3conducted in the presence of a law enforcement officer for the
4purpose of the identification or apprehension of any person
5subject to the provisions of this Act or for the investigation
6or prosecution of any crime.
7    (E) Law enforcement officers, and personnel of an
8independent agency created by ordinance and charged by a unit
9of local government with the duty of investigating the conduct
10of law enforcement officers, may not disclose the identity of
11any minor in releasing information to the general public as to
12the arrest, investigation or disposition of any case involving
13a minor.
14    (F) Nothing contained in this Section shall prohibit law
15enforcement agencies from communicating with each other by
16letter, memorandum, teletype or intelligence alert bulletin or
17other means the identity or other relevant information
18pertaining to a person under 18 years of age if there are
19reasonable grounds to believe that the person poses a real and
20present danger to the safety of the public or law enforcement
21officers. The information provided under this subsection (F)
22shall remain confidential and shall not be publicly disclosed,
23except as otherwise allowed by law.
24    (G) Nothing in this Section shall prohibit the right of a
25Civil Service Commission or appointing authority of any state,
26county or municipality examining the character and fitness of

 

 

HB5304- 11 -LRB100 19681 RLC 34955 b

1an applicant for employment with a law enforcement agency,
2correctional institution, or fire department from obtaining
3and examining the records of any law enforcement agency
4relating to any record of the applicant having been arrested or
5taken into custody before the applicant's 18th birthday.
6    (H) The changes made to this Section by Public Act 98-61
7apply to law enforcement records of a minor who has been
8arrested or taken into custody on or after January 1, 2014 (the
9effective date of Public Act 98-61).
10    (I) Willful violation of this Section is a Class C
11misdemeanor and each violation is subject to a fine of $1,000.
12This subsection (I) shall not apply to the person who is the
13subject of the record.
14    (J) A person convicted of violating this Section is liable
15for damages in the amount of $1,000 or actual damages,
16whichever is greater.
17(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
18revised 10-5-17.)
 
19    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
20    Sec. 1-8. Confidentiality and accessibility of juvenile
21court records.
22    (A) A juvenile adjudication shall never be considered a
23conviction nor shall an adjudicated individual be considered a
24criminal. Unless expressly allowed by law, a juvenile
25adjudication shall not operate to impose upon the individual

 

 

HB5304- 12 -LRB100 19681 RLC 34955 b

1any of the civil disabilities ordinarily imposed by or
2resulting from conviction. Unless expressly allowed by law,
3adjudications shall not prejudice or disqualify the individual
4in any civil service application or appointment, from holding
5public office, or from receiving any license granted by public
6authority. All juvenile records which have not been expunged
7are sealed and may never be disclosed to the general public or
8otherwise made widely available. Sealed records may be obtained
9only under this Section and Section 1-7 and Section 5-915 of
10this Act, when their use is needed for good cause and with an
11order from the juvenile court, as required by those not
12authorized to retain them. Inspection and copying of juvenile
13court records relating to a minor who is the subject of a
14proceeding under this Act shall be restricted to the following:
15        (1) The minor who is the subject of record, his
16    parents, guardian and counsel.
17        (2) Law enforcement officers and law enforcement
18    agencies when such information is essential to executing an
19    arrest or search warrant or other compulsory process, or to
20    conducting an ongoing investigation or relating to a minor
21    who has been adjudicated delinquent and there has been a
22    previous finding that the act which constitutes the
23    previous offense was committed in furtherance of criminal
24    activities by a criminal street gang.
25        Before July 1, 1994, for the purposes of this Section,
26    "criminal street gang" means any ongoing organization,

 

 

HB5304- 13 -LRB100 19681 RLC 34955 b

1    association, or group of 3 or more persons, whether formal
2    or informal, having as one of its primary activities the
3    commission of one or more criminal acts and that has a
4    common name or common identifying sign, symbol or specific
5    color apparel displayed, and whose members individually or
6    collectively engage in or have engaged in a pattern of
7    criminal activity.
8        Beginning July 1, 1994, for purposes of this Section,
9    "criminal street gang" has the meaning ascribed to it in
10    Section 10 of the Illinois Streetgang Terrorism Omnibus
11    Prevention Act.
12        (3) Judges, hearing officers, prosecutors, public
13    defenders, probation officers, social workers or other
14    individuals assigned by the court to conduct a
15    pre-adjudication or predisposition investigation, and
16    individuals responsible for supervising or providing
17    temporary or permanent care and custody for minors pursuant
18    to the order of the juvenile court when essential to
19    performing their responsibilities.
20        (4) Judges, prosecutors, public defenders, and
21    probation officers:
22            (a) in the course of a trial when institution of
23        criminal proceedings has been permitted or required
24        under Section 5-805; or
25            (b) when criminal proceedings have been permitted
26        or required under Section 5-805 and a minor is the

 

 

HB5304- 14 -LRB100 19681 RLC 34955 b

1        subject of a proceeding to determine the amount of
2        bail; or
3            (c) when criminal proceedings have been permitted
4        or required under Section 5-805 and a minor is the
5        subject of a pre-trial investigation, pre-sentence
6        investigation or fitness hearing, or proceedings on an
7        application for probation; or
8            (d) when a minor becomes 18 years of age or older,
9        and is the subject of criminal proceedings, including a
10        hearing to determine the amount of bail, a pre-trial
11        investigation, a pre-sentence investigation, a fitness
12        hearing, or proceedings on an application for
13        probation.
14        (5) Adult and Juvenile Prisoner Review Boards.
15        (6) Authorized military personnel.
16        (7) Victims, their subrogees and legal
17    representatives; however, such persons shall have access
18    only to the name and address of the minor and information
19    pertaining to the disposition or alternative adjustment
20    plan of the juvenile court.
21        (8) Persons engaged in bona fide research, with the
22    permission of the presiding judge of the juvenile court and
23    the chief executive of the agency that prepared the
24    particular records; provided that publication of such
25    research results in no disclosure of a minor's identity and
26    protects the confidentiality of the record.

 

 

HB5304- 15 -LRB100 19681 RLC 34955 b

1        (9) The Secretary of State to whom the Clerk of the
2    Court shall report the disposition of all cases, as
3    required in Section 6-204 of the Illinois Vehicle Code.
4    However, information reported relative to these offenses
5    shall be privileged and available only to the Secretary of
6    State, courts, and police officers.
7        (10) The administrator of a bonafide substance abuse
8    student assistance program with the permission of the
9    presiding judge of the juvenile court.
10        (11) Mental health professionals on behalf of the
11    Illinois Department of Corrections or the Department of
12    Human Services or prosecutors who are evaluating,
13    prosecuting, or investigating a potential or actual
14    petition brought under the Sexually Violent Persons
15    Commitment Act relating to a person who is the subject of
16    juvenile court records or the respondent to a petition
17    brought under the Sexually Violent Persons Commitment Act,
18    who is the subject of juvenile court records sought. Any
19    records and any information obtained from those records
20    under this paragraph (11) may be used only in sexually
21    violent persons commitment proceedings.
22    (A-1) Findings and exclusions of paternity entered in
23proceedings occurring under Article II of this Act shall be
24disclosed, in a manner and form approved by the Presiding Judge
25of the Juvenile Court, to the Department of Healthcare and
26Family Services when necessary to discharge the duties of the

 

 

HB5304- 16 -LRB100 19681 RLC 34955 b

1Department of Healthcare and Family Services under Article X of
2the Illinois Public Aid Code.
3    (B) A minor who is the victim in a juvenile proceeding
4shall be provided the same confidentiality regarding
5disclosure of identity as the minor who is the subject of
6record.
7    (C) Juvenile court records shall not be made available to
8the general public. For purposes of inspecting documents under
9this Section, a civil subpoena is not an order of the court.
10        (0.1) In cases where the records concern a pending
11    juvenile court case, the requesting party seeking to
12    inspect the juvenile court records shall provide actual
13    notice to the attorney or guardian ad litem of the minor
14    whose records are sought.
15        (0.2) In cases where the records concern a juvenile
16    court case that is no longer pending, the requesting party
17    seeking to inspect the juvenile court records shall provide
18    actual notice to the minor or the minor's parent or legal
19    guardian, and the matter shall be referred to the chief
20    judge presiding over matters pursuant to this Act.
21        (0.3) In determining whether records should be made
22    available for inspection and whether inspection should be
23    limited to certain parts of the file, the court shall
24    consider the minor's interest in confidentiality and
25    rehabilitation over the requesting party's interest in
26    obtaining the information. The State's Attorney, the

 

 

HB5304- 17 -LRB100 19681 RLC 34955 b

1    minor, and the minor's parents, guardian, and counsel shall
2    at all times have the right to examine court files and
3    records.
4        (0.4) Any records obtained in violation of this Section
5    shall not be admissible in any criminal or civil
6    proceeding, or operate to disqualify a minor from
7    subsequently holding public office, or operate as a
8    forfeiture of any public benefit, right, privilege, or
9    right to receive any license granted by public authority.
10    (D) Pending or following any adjudication of delinquency
11for any offense defined in Sections 11-1.20 through 11-1.60 or
1212-13 through 12-16 of the Criminal Code of 1961 or the
13Criminal Code of 2012, the victim of any such offense shall
14receive the rights set out in Sections 4 and 6 of the Bill of
15Rights for Victims and Witnesses of Violent Crime Act; and the
16juvenile who is the subject of the adjudication,
17notwithstanding any other provision of this Act, shall be
18treated as an adult for the purpose of affording such rights to
19the victim.
20    (E) Nothing in this Section shall affect the right of a
21Civil Service Commission or appointing authority of any state,
22county or municipality examining the character and fitness of
23an applicant for employment with a law enforcement agency,
24correctional institution, or fire department to ascertain
25whether that applicant was ever adjudicated to be a delinquent
26minor and, if so, to examine the records of disposition or

 

 

HB5304- 18 -LRB100 19681 RLC 34955 b

1evidence which were made in proceedings under this Act.
2    (F) Following any adjudication of delinquency for a crime
3which would be a felony if committed by an adult, or following
4any adjudication of delinquency for a violation of Section
524-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
6Criminal Code of 2012, the State's Attorney shall ascertain
7whether the minor respondent is enrolled in school and, if so,
8shall provide a copy of the dispositional order to the
9principal or chief administrative officer of the school. Access
10to such juvenile records shall be limited to the principal or
11chief administrative officer of the school and any guidance
12counselor designated by him.
13    (G) Nothing contained in this Act prevents the sharing or
14disclosure of information or records relating or pertaining to
15juveniles subject to the provisions of the Serious Habitual
16Offender Comprehensive Action Program when that information is
17used to assist in the early identification and treatment of
18habitual juvenile offenders.
19    (H) When a Court hearing a proceeding under Article II of
20this Act becomes aware that an earlier proceeding under Article
21II had been heard in a different county, that Court shall
22request, and the Court in which the earlier proceedings were
23initiated shall transmit, an authenticated copy of the Court
24record, including all documents, petitions, and orders filed
25therein and the minute orders, transcript of proceedings, and
26docket entries of the Court.

 

 

HB5304- 19 -LRB100 19681 RLC 34955 b

1    (I) The Clerk of the Circuit Court shall report to the
2Department of State Police, in the form and manner required by
3the Department of State Police, the final disposition of each
4minor who has been arrested or taken into custody before his or
5her 18th birthday for those offenses required to be reported
6under Section 5 of the Criminal Identification Act. Information
7reported to the Department under this Section may be maintained
8with records that the Department files under Section 2.1 of the
9Criminal Identification Act.
10    (J) The changes made to this Section by Public Act 98-61
11apply to law enforcement records of a minor who has been
12arrested or taken into custody on or after January 1, 2014 (the
13effective date of Public Act 98-61).
14    (K) Willful violation of this Section is a Class C
15misdemeanor and each violation is subject to a fine of $1,000.
16This subsection (K) shall not apply to the person who is the
17subject of the record.
18    (L) A person convicted of violating this Section is liable
19for damages in the amount of $1,000 or actual damages,
20whichever is greater.
21(Source: P.A. 100-285, eff. 1-1-18.)
 
22    (705 ILCS 405/5-915)
23    Sec. 5-915. Expungement of juvenile law enforcement and
24court records.
25    (0.05) For purposes of this Section:

 

 

HB5304- 20 -LRB100 19681 RLC 34955 b

1        "Dissemination" or "disseminate" means to publish,
2    produce, print, manufacture, distribute, sell, lease,
3    exhibit, broadcast, display, transmit, or otherwise share
4    information in any format so as to make the information
5    accessible to others.
6        "Expunge" means to physically destroy the records and
7    to obliterate the minor's name and juvenile court records
8    from any official index, public record, or electronic
9    database. No evidence of the juvenile court records may be
10    retained by any law enforcement agency, the juvenile court,
11    or by any municipal, county, or State agency or department.
12    Nothing in this Act shall require the physical destruction
13    of the internal office records, files, or databases
14    maintained by a State's Attorney's Office or other
15    prosecutor, public defender, probation officer, or by the
16    Office of the Secretary of State.
17        "Juvenile court record" includes, but is not limited
18    to:
19            (a) all documents filed in or maintained by the
20    juvenile court pertaining to a specific incident,
21    proceeding, or individual;
22            (b) all documents relating to a specific incident,
23    proceeding, or individual made available to or maintained
24    by probation officers;
25            (c) all documents, video or audio tapes,
26    photographs, and exhibits admitted into evidence at

 

 

HB5304- 21 -LRB100 19681 RLC 34955 b

1    juvenile court hearings; or
2            (d) all documents, transcripts, records, reports
3    or other evidence prepared by, maintained by, or released
4    by any municipal, county, or State state agency or
5    department, in any format, if indicating involvement with
6    the juvenile court relating to a specific incident,
7    proceeding, or individual.
8        "Law enforcement record" includes, but is not limited
9    to, records of arrest, station adjustments, fingerprints,
10    probation adjustments, the issuance of a notice to appear,
11    or any other records or documents maintained by any law
12    enforcement agency relating to a minor suspected of
13    committing an offense or evidence of interaction with law
14    enforcement.
15    (0.1) (a) The Department of State Police and all law
16enforcement agencies within the State shall automatically
17expunge, on or before January 1 of each year, all law
18enforcement records relating to events occurring before an
19individual's 18th birthday if:
20        (1) one year or more has elapsed since the date of the
21    arrest or law enforcement interaction documented in the
22    records;
23        (2) no petition for delinquency or criminal charges
24    were filed with the clerk of the circuit court relating to
25    the arrest or law enforcement interaction documented in the
26    records; and

 

 

HB5304- 22 -LRB100 19681 RLC 34955 b

1        (3) 6 months have elapsed without an additional
2    subsequent arrest or filing of a petition for delinquency
3    or criminal charges whether related or not to the arrest or
4    law enforcement interaction documented in the records.
5    (b) If the law enforcement agency is unable to verify
6satisfaction of conditions (2) and (3) of this subsection
7(0.1), records that satisfy condition (1) of this subsection
8(0.1) shall be automatically expunged if the records relate to
9an offense that if committed by an adult would not be an
10offense classified as Class 2 felony or higher, an offense
11under Article 11 of the Criminal Code of 1961 or Criminal Code
12of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961.
14    (0.2) (a) Upon dismissal of a petition alleging delinquency
15or upon a finding of not delinquent, the successful termination
16of an order of supervision, or the successful termination of an
17adjudication for an offense which would be a Class B
18misdemeanor, Class C misdemeanor, or a petty or business
19offense if committed by an adult, the court shall automatically
20order the expungement of the juvenile court and law enforcement
21records. The clerk shall deliver a certified copy of the
22expungement order to the Department of State Police and the
23arresting agency. Upon request, the State's Attorney shall
24furnish the name of the arresting agency. The expungement shall
25be completed within 60 business days of the entry of the
26expungement order.

 

 

HB5304- 23 -LRB100 19681 RLC 34955 b

1    (b) If the chief law enforcement officer of the agency, or
2his or her designee, certifies in writing that certain
3information is needed for a pending investigation involving the
4commission of a felony, that information, and information
5identifying the juvenile, may be retained in an intelligence
6file until the investigation is terminated or for one
7additional year, whichever is sooner. Retention of a portion of
8a juvenile's law enforcement record does not disqualify the
9remainder of his or her record from immediate automatic
10expungement.
11    (0.3) (a) Upon an adjudication of delinquency based on any
12offense except a disqualified offense, the juvenile court shall
13automatically order the expungement of the juvenile court and
14law enforcement records 2 years after the juvenile's case was
15closed if no delinquency or criminal proceeding is pending and
16the person has had no subsequent delinquency adjudication or
17criminal conviction. The clerk shall deliver a certified copy
18of the expungement order to the Department of State Police and
19the arresting agency. Upon request, the State's Attorney shall
20furnish the name of the arresting agency. The expungement shall
21be completed within 60 business days of the entry of the
22expungement order The court shall automatically order the
23expungement of the juvenile court and law enforcement records
24within 60 business days. For the purposes of this subsection
25(0.3), "disqualified offense" means any of the following
26offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,

 

 

HB5304- 24 -LRB100 19681 RLC 34955 b

110-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
211-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
312-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
412-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
518-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
624-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
731-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
8subsection (b) of Section 8-1, paragraph (4) of subsection (a)
9of Section 11-14.4, subsection (a-5) of Section 12-3.1,
10paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
11subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
12(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
13paragraph (1) of subsection (a) of Section 12-9, subparagraph
14(H) of paragraph (3) of subsection (a) of Section 24-1.6,
15paragraph (1) of subsection (a) of Section 25-1, or subsection
16(a-7) of Section 31-1 of the Criminal Code of 2012.
17    (b) If the chief law enforcement officer of the agency, or
18his or her designee, certifies in writing that certain
19information is needed for a pending investigation involving the
20commission of a felony, that information, and information
21identifying the juvenile, may be retained in an intelligence
22file until the investigation is terminated or for one
23additional year, whichever is sooner. Retention of a portion of
24a juvenile's law enforcement record does not disqualify the
25remainder of his or her record from immediate automatic
26expungement.

 

 

HB5304- 25 -LRB100 19681 RLC 34955 b

1    (1) Nothing in this subsection (1) precludes an eligible
2minor from obtaining expungement under subsection subsections
3(0.1), (0.2), or (0.3). Whenever a person has been arrested,
4charged, or adjudicated delinquent for an incident occurring
5before his or her 18th birthday that if committed by an adult
6would be an offense, and that person's records are not eligible
7for automatic expungement under subsection subsections (0.1),
8(0.2), or (0.3), the person may petition the court at any time
9for expungement of law enforcement records and juvenile court
10records relating to the incident and, upon termination of all
11juvenile court proceedings relating to that incident, the court
12shall order the expungement of all records in the possession of
13the Department of State Police, the clerk of the circuit court,
14and law enforcement agencies relating to the incident, but only
15in any of the following circumstances:
16        (a) the minor was arrested and no petition for
17    delinquency was filed with the clerk of the circuit court;
18        (a-5) the minor was charged with an offense and the
19    petition or petitions were dismissed without a finding of
20    delinquency;
21        (b) the minor was charged with an offense and was found
22    not delinquent of that offense;
23        (c) the minor was placed under supervision pursuant to
24    Section 5-615, and the order of supervision has since been
25    successfully terminated; or
26        (d) the minor was adjudicated for an offense which

 

 

HB5304- 26 -LRB100 19681 RLC 34955 b

1    would be a Class B misdemeanor, Class C misdemeanor, or a
2    petty or business offense if committed by an adult.
3    (1.5) January 1, 2015 (Public Act 98-637) The Department of
4State Police shall allow a person to use the Access and Review
5process, established in the Department of State Police, for
6verifying that his or her law enforcement records relating to
7incidents occurring before his or her 18th birthday eligible
8under this Act have been expunged.
9    (1.6) (Blank). January 1, 2015 (Public Act 98-637) January
101, 2015 (Public Act 98-637)
11    (1.7) (Blank).
12    (1.8) (Blank).
13    (2) Any person whose delinquency adjudications are not
14eligible for automatic expungement under subsection (0.3) of
15this Section may petition the court to expunge all law
16enforcement records relating to any incidents occurring before
17his or her 18th birthday which did not result in proceedings in
18criminal court and all juvenile court records with respect to
19any adjudications except those based upon first degree murder
20or an offense under Article 11 of the Criminal Code of 2012 if
21the person is required to register under the Sex Offender
22Registration Act; provided that:
23        (a) (blank); or
24        (b) 2 years have elapsed since all juvenile court
25    proceedings relating to him or her have been terminated and
26    his or her commitment to the Department of Juvenile Justice

 

 

HB5304- 27 -LRB100 19681 RLC 34955 b

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

 

 

HB5304- 28 -LRB100 19681 RLC 34955 b

1may file the petition on his or her own or with the assistance
2of an attorney. The failure of the judge to inform the
3delinquent minor of his or her right to petition for
4expungement as provided by law does not create a substantive
5right, nor is that failure grounds for: (i) a reversal of an
6adjudication of delinquency, (ii) a new trial; or (iii) an
7appeal.
8    (2.7) (Blank).
9    (2.8) The petition for expungement for subsection (1) and
10(2) may include multiple offenses on the same petition and
11shall be substantially in the following form:
12
IN THE CIRCUIT COURT OF ......, ILLINOIS
13
........ JUDICIAL CIRCUIT

 
14IN THE INTEREST OF )    NO.
15                   )
16                   )
17...................)
18(Name of Petitioner)
 
19
PETITION TO EXPUNGE JUVENILE RECORDS
20
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))
21Now comes ............., petitioner, and respectfully requests
22that this Honorable Court enter an order expunging all juvenile
23law enforcement and court records of petitioner and in support
24thereof states that: Petitioner was arrested on ..... by the

 

 

HB5304- 29 -LRB100 19681 RLC 34955 b

1....... Police Department for the offense or offenses of
2......., and:
3(Check All That Apply:)
4( ) a. no petition or petitions were filed with the Clerk of
5the Circuit Court.
6( ) b. was charged with ...... and was found not delinquent of
7the offense or offenses.
8( ) c. a petition or petitions were filed and the petition or
9petitions were dismissed without a finding of delinquency on
10.....
11( ) d. on ....... placed under supervision pursuant to Section
125-615 of the Juvenile Court Act of 1987 and such order of
13supervision successfully terminated on ........
14( ) e. was adjudicated for the offense or offenses, which would
15have been a Class B misdemeanor, a Class C misdemeanor, or a
16petty offense or business offense if committed by an adult.
17( ) f. was adjudicated for a Class A misdemeanor or felony,
18except first degree murder or an offense under Article 11 of
19the Criminal Code of 2012 if the person is required to register
20under the Sex Offender Registration Act, and 2 years have
21passed since the case was closed.
22Petitioner .... has .... has not been arrested on charges in
23this or any county other than the charges listed above. If
24petitioner has been arrested on additional charges, please list
25the charges below:
26Charge(s): ......

 

 

HB5304- 30 -LRB100 19681 RLC 34955 b

1Arresting Agency or Agencies: ...........
2Disposition/Result: (choose from a. through f., above): .....
3WHEREFORE, the petitioner respectfully requests this Honorable
4Court to (1) order all law enforcement agencies to expunge all
5records of petitioner to this incident or incidents, and (2) to
6order the Clerk of the Court to expunge all records concerning
7the petitioner regarding this incident or incidents.
 
8
......................
9
Petitioner (Signature)

 
10
..........................
11
Petitioner's Street Address

 
12
.....................
13
City, State, Zip Code

 
14
.............................
15
Petitioner's Telephone Number

 
16Pursuant to the penalties of perjury under the Code of Civil
17Procedure, 735 ILCS 5/1-109, I hereby certify that the
18statements in this petition are true and correct, or on
19information and belief I believe the same to be true.
 
20
......................

 

 

HB5304- 31 -LRB100 19681 RLC 34955 b

1
Petitioner (Signature)
2first degree
3    (3) The chief judge of the circuit in which an arrest was
4made or a charge was brought or any judge of that circuit
5designated by the chief judge may, upon verified petition of a
6person who is the subject of an arrest or a juvenile court
7proceeding under subsection (1) or (2) of this Section, order
8the law enforcement records or official court file, or both, to
9be expunged from the official records of the arresting
10authority, the clerk of the circuit court and the Department of
11State Police. The person whose records are to be expunged shall
12petition the court using the appropriate form containing his or
13her current address and shall promptly notify the clerk of the
14circuit court of any change of address. Notice of the petition
15shall be served upon the State's Attorney or prosecutor charged
16with the duty of prosecuting the offense, the Department of
17State Police, and the arresting agency or agencies by the clerk
18of the circuit court. If an objection is filed within 45 days
19of the notice of the petition, the clerk of the circuit court
20shall set a date for hearing after the 45-day objection period.
21At the hearing the court shall hear evidence on whether the
22expungement should or should not be granted. Unless the State's
23Attorney or prosecutor, the Department of State Police, or an
24arresting agency objects to the expungement within 45 days of
25the notice, the court may enter an order granting expungement.
26The clerk shall forward a certified copy of the order to the

 

 

HB5304- 32 -LRB100 19681 RLC 34955 b

1Department of State Police and deliver a certified copy of the
2order to the arresting agency.
3    (3.1) The Notice of Expungement shall be in substantially
4the following form:
5
IN THE CIRCUIT COURT OF ....., ILLINOIS
6
.... JUDICIAL CIRCUIT

 
7IN THE INTEREST OF )    NO.
8                   )
9                   )
10...................)
11(Name of Petitioner)
 
12
NOTICE
13TO:  State's Attorney
14TO:  Arresting Agency
15
16................
17................
18
19................
20................
21TO:  Illinois State Police
22
23.....................
24

 

 

HB5304- 33 -LRB100 19681 RLC 34955 b

1.....................
2ATTENTION: Expungement
3You are hereby notified that on ....., at ....., in courtroom
4..., located at ..., before the Honorable ..., Judge, or any
5judge sitting in his/her stead, I shall then and there present
6a Petition to Expunge Juvenile records in the above-entitled
7matter, at which time and place you may appear.
8
......................
9
Petitioner's Signature
10
...........................
11
Petitioner's Street Address
12
.....................
13
City, State, Zip Code
14
.............................
15
Petitioner's Telephone Number
16
PROOF OF SERVICE
17On the ....... day of ......, 20..., I on oath state that I
18served this notice and true and correct copies of the
19above-checked documents by:
20(Check One:)
21delivering copies personally to each entity to whom they are
22directed;
23or
24by mailing copies to each entity to whom they are directed by
25depositing the same in the U.S. Mail, proper postage fully
26prepaid, before the hour of 5:00 p.m., at the United States

 

 

HB5304- 34 -LRB100 19681 RLC 34955 b

1Postal Depository located at .................
2
.........................................
3
4Signature
5
Clerk of the Circuit Court or Deputy Clerk
6Printed Name of Delinquent Minor/Petitioner: ....
7Address: ........................................
8Telephone Number: ...............................
9    (3.2) The Order of Expungement shall be in substantially
10the following form:
11
IN THE CIRCUIT COURT OF ....., ILLINOIS
12
.... JUDICIAL CIRCUIT

 
13IN THE INTEREST OF )    NO.
14                   )
15                   )
16...................)
17(Name of Petitioner)
 
18DOB ................
19Arresting Agency/Agencies ......
20
ORDER OF EXPUNGEMENT
21
(705 ILCS 405/5-915 (SUBSECTION 3))
22This matter having been heard on the petitioner's motion and
23the court being fully advised in the premises does find that
24the petitioner is indigent or has presented reasonable cause to

 

 

HB5304- 35 -LRB100 19681 RLC 34955 b

1waive all costs in this matter, IT IS HEREBY ORDERED that:
2    ( ) 1. Clerk of Court and Department of State Police costs
3are hereby waived in this matter.
4    ( ) 2. The Illinois State Police Bureau of Identification
5and the following law enforcement agencies expunge all records
6of petitioner relating to an arrest dated ...... for the
7offense of ......
8
Law Enforcement Agencies:
9
.........................
10
.........................
11    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
12Court expunge all records regarding the above-captioned case.
13
ENTER: ......................
14
15JUDGE
16DATED: .......
17Name:
18Attorney for:
19Address: City/State/Zip:
20Attorney Number:
21    (3.3) The Notice of Objection shall be in substantially the
22following form:
23
IN THE CIRCUIT COURT OF ....., ILLINOIS
24
....................... JUDICIAL CIRCUIT

 
25IN THE INTEREST OF )    NO.

 

 

HB5304- 36 -LRB100 19681 RLC 34955 b

1                   )
2                   )
3...................)
4(Name of Petitioner)
 
5
NOTICE OF OBJECTION
6TO:(Attorney, Public Defender, Minor)
7.................................
8.................................
9TO:(Illinois State Police)
10.................................
11.................................
12TO:(Clerk of the Court)
13.................................
14.................................
15TO:(Judge)
16.................................
17.................................
18TO:(Arresting Agency/Agencies)
19.................................
20.................................
21ATTENTION: You are hereby notified that an objection has been
22filed by the following entity regarding the above-named minor's
23petition for expungement of juvenile records:
24( ) State's Attorney's Office;
25( ) Prosecutor (other than State's Attorney's Office) charged

 

 

HB5304- 37 -LRB100 19681 RLC 34955 b

1with the duty of prosecuting the offense sought to be expunged;
2( ) Department of Illinois State Police; or
3( ) Arresting Agency or Agencies.
4The agency checked above respectfully requests that this case
5be continued and set for hearing on whether the expungement
6should or should not be granted.
7DATED: .......
8Name:
9Attorney For:
10Address:
11City/State/Zip:
12Telephone:
13Attorney No.:
14
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
15This matter has been set for hearing on the foregoing
16objection, on ...... in room ...., located at ....., before the
17Honorable ....., Judge, or any judge sitting in his/her stead.
18(Only one hearing shall be set, regardless of the number of
19Notices of Objection received on the same case).
20A copy of this completed Notice of Objection containing the
21court date, time, and location, has been sent via regular U.S.
22Mail to the following entities. (If more than one Notice of
23Objection is received on the same case, each one must be
24completed with the court date, time and location and mailed to
25the following entities):
26( ) Attorney, Public Defender or Minor;

 

 

HB5304- 38 -LRB100 19681 RLC 34955 b

1( ) State's Attorney's Office;
2( ) Prosecutor (other than State's Attorney's Office) charged
3with the duty of prosecuting the offense sought to be expunged;
4( ) Department of Illinois State Police; and
5( ) Arresting agency or agencies.
6Date: ......
7Initials of Clerk completing this section: .....
8    (4)(a) Upon entry of an order expunging records or files,
9the offense, which the records or files concern shall be
10treated as if it never occurred. Law enforcement officers and
11other public offices and agencies shall properly reply on
12inquiry that no record or file exists with respect to the
13person.
14    (a-5) Local law enforcement agencies shall send written
15notice to the minor of the expungement of any records within 60
16days of automatic expungement or the date of service of an
17expungement order, whichever applies. If a minor's court file
18has been expunged, the clerk of the circuit court shall send
19written notice to the minor of the expungement of any records
20within 60 days of automatic expungement or the date of service
21of an expungement order, whichever applies.
22    (b) Except with respect to authorized military personnel,
23an expunged juvenile record may not be considered by any
24private or public entity in employment matters, certification,
25licensing, revocation of certification or licensure, or
26registration. Applications for employment within the State

 

 

HB5304- 39 -LRB100 19681 RLC 34955 b

1must contain specific language that states that the applicant
2is not obligated to disclose expunged juvenile records of
3adjudication or arrest. Employers may not ask, in any format or
4context, if an applicant has had a juvenile record expunged.
5Information about an expunged record obtained by a potential
6employer, even inadvertently, from an employment application
7that does not contain specific language that states that the
8applicant is not obligated to disclose expunged juvenile
9records of adjudication or arrest, shall be treated as
10dissemination of an expunged record by the employer.
11    (c) A person whose juvenile records have been expunged is
12not entitled to remission of any fines, costs, or other money
13paid as a consequence of expungement.
14    (5) (Blank).,
15    (5.5) Whether or not expunged, records eligible for
16automatic expungement under subdivision (0.1)(a), (0.2)(a), or
17(0.3)(a) may be treated as expunged by the individual subject
18to the records.
19    (6) Nothing in this Section shall be construed to prohibit
20the maintenance of information relating to an offense after
21records or files concerning the offense have been expunged if
22the information is kept in a manner that does not enable
23identification of the individual. This information may only be
24used for anonymous statistical and bona fide research purposes.
25    (6.5) The Department of State Police or any employee of the
26Department shall be immune from civil or criminal liability for

 

 

HB5304- 40 -LRB100 19681 RLC 34955 b

1failure to expunge any records of arrest that are subject to
2expungement under this Section because of inability to verify a
3record. Nothing in this Section shall create Department of
4State Police liability or responsibility for the expungement of
5law enforcement records it does not possess.
6    (7)(a) The State Appellate Defender shall establish,
7maintain, and carry out, by December 31, 2004, a juvenile
8expungement program to provide information and assistance to
9minors eligible to have their juvenile records expunged.
10    (b) The State Appellate Defender shall develop brochures,
11pamphlets, and other materials in printed form and through the
12agency's World Wide Web site. The pamphlets and other materials
13shall include at a minimum the following information:
14        (i) An explanation of the State's juvenile expungement
15    laws, including both automatic expungement and expungement
16    by petition;
17        (ii) The circumstances under which juvenile
18    expungement may occur;
19        (iii) The juvenile offenses that may be expunged;
20        (iv) The steps necessary to initiate and complete the
21    juvenile expungement process; and
22        (v) Directions on how to contact the State Appellate
23    Defender.
24    (c) The State Appellate Defender shall establish and
25maintain a statewide toll-free telephone number that a person
26may use to receive information or assistance concerning the

 

 

HB5304- 41 -LRB100 19681 RLC 34955 b

1expungement of juvenile records. The State Appellate Defender
2shall advertise the toll-free telephone number statewide. The
3State Appellate Defender shall develop an expungement
4information packet that may be sent to eligible persons seeking
5expungement of their juvenile records, which may include, but
6is not limited to, a pre-printed expungement petition with
7instructions on how to complete the petition and a pamphlet
8containing information that would assist individuals through
9the juvenile expungement process.
10    (d) The State Appellate Defender shall compile a statewide
11list of volunteer attorneys willing to assist eligible
12individuals through the juvenile expungement process.
13    (e) This Section shall be implemented from funds
14appropriated by the General Assembly to the State Appellate
15Defender for this purpose. The State Appellate Defender shall
16employ the necessary staff and adopt the necessary rules for
17implementation of this Section.
18    (7.5) (a) Willful dissemination of any information
19contained in an expunged record shall be treated as a Class C
20misdemeanor and punishable by a fine of $1,000 per violation.
21    (b) Willful dissemination for financial gain of any
22information contained in an expunged record shall be treated as
23a Class 4 felony. Dissemination for financial gain by an
24employee of any municipal, county, or State agency, including
25law enforcement, shall result in immediate termination.
26    (c) The person whose record was expunged has a right of

 

 

HB5304- 42 -LRB100 19681 RLC 34955 b

1action against any person who intentionally disseminates an
2expunged record. In the proceeding, punitive damages up to an
3amount of $1,000 may be sought in addition to any actual
4damages. The prevailing party shall be entitled to costs and
5reasonable attorney fees.
6    (d) The punishments for dissemination of an expunged record
7shall never apply to the person whose record was expunged.
8    (8)(a) An expunged juvenile record may not be considered by
9any private or public entity in employment matters,
10certification, licensing, revocation of certification or
11licensure, or registration. Applications for employment must
12contain specific language that states that the applicant is not
13obligated to disclose expunged juvenile records of
14adjudication, conviction, or arrest. Employers may not ask if
15an applicant has had a juvenile record expunged. Effective
16January 1, 2005, the Department of Labor shall develop a link
17on the Department's website to inform employers that employers
18may not ask if an applicant had a juvenile record expunged and
19that application for employment must contain specific language
20that states that the applicant is not obligated to disclose
21expunged juvenile records of adjudication, arrest, or
22conviction.
23    (b) (Blank). Public Act 93-912
24    (c) The expungement of juvenile records under subsection
25subsections 0.1, 0.2, or 0.3 of this Section shall be funded by
26the additional fine imposed under Section 5-9-1.17 of the

 

 

HB5304- 43 -LRB100 19681 RLC 34955 b

1Unified Code of Corrections.
2    (9) (Blank).
3    (10) (Blank). Public Act 98-637 Public Act 98-637
4(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
5100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised
610-10-17.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.