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1 | AN ACT concerning minors.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||||||||||||||||||||
5 | changing Section 5-915 as follows:
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6 | (705 ILCS 405/5-915)
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7 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||||||||||||||||||||
8 | juvenile court records.
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9 | (1) Whenever any person has attained the age of 17 or | ||||||||||||||||||||||||
10 | whenever all juvenile
court proceedings relating to that person | ||||||||||||||||||||||||
11 | have been terminated, whichever is
later, the person may | ||||||||||||||||||||||||
12 | petition the court to expunge law enforcement records
relating | ||||||||||||||||||||||||
13 | to incidents occurring before his or her 17th birthday or his | ||||||||||||||||||||||||
14 | or her
juvenile court
records, or both, but only in the | ||||||||||||||||||||||||
15 | following circumstances:
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16 | (a) the minor was arrested and no petition for | ||||||||||||||||||||||||
17 | delinquency was filed with
the clerk of the circuit court; | ||||||||||||||||||||||||
18 | or
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19 | (b) the minor was charged with an offense and was found | ||||||||||||||||||||||||
20 | not delinquent of
that offense; or
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21 | (c) the minor was placed under supervision pursuant to | ||||||||||||||||||||||||
22 | Section 5-615, and
the order of
supervision has since been | ||||||||||||||||||||||||
23 | successfully terminated; or | ||||||||||||||||||||||||
24 | (c-5) the minor was placed on probation under Section | ||||||||||||||||||||||||
25 | 5-715, and the probation period has since been successfully | ||||||||||||||||||||||||
26 | terminated; or
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27 | (d) the minor was adjudicated for an offense which | ||||||||||||||||||||||||
28 | would be a Class B
misdemeanor if committed by an adult.
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29 | (2) Any person may petition the court to expunge all law | ||||||||||||||||||||||||
30 | enforcement records
relating to any
incidents occurring before | ||||||||||||||||||||||||
31 | his or her 17th birthday which did not result in
proceedings in | ||||||||||||||||||||||||
32 | criminal court and all juvenile court records with respect to
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1 | any adjudications except those based upon first degree
murder | ||||||
2 | and
sex offenses which would be felonies if committed by an | ||||||
3 | adult, if the person
for whom expungement is sought has had no
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4 | convictions for any crime since his or her 17th birthday and:
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5 | (a) has attained the age of 21 years; or
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6 | (b) 5 years have elapsed since all juvenile court | ||||||
7 | proceedings relating to
him or her have been terminated or | ||||||
8 | his or her commitment to the Department of
Corrections, | ||||||
9 | Juvenile Division
pursuant to this Act has been terminated;
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10 | whichever is later of (a) or (b). | ||||||
11 | (2.5) If a minor is arrested and no petition for | ||||||
12 | delinquency is filed with the clerk of the circuit court as | ||||||
13 | provided in paragraph (a) of subsection (1) at the time the | ||||||
14 | minor is released from custody, the arresting officer at the | ||||||
15 | time of release shall notify verbally and in writing to the | ||||||
16 | minor or the minor's parents or guardians that if the State's | ||||||
17 | Attorney does not file a petition for delinquency, the minor | ||||||
18 | has a right to have his or her arrest record expunged when the | ||||||
19 | minor attains the age of 17 or when all juvenile court | ||||||
20 | proceedings relating to that minor have been terminated and | ||||||
21 | that unless a petition to expunge is filed, the minor shall | ||||||
22 | have an arrest record and shall provide the minor and the | ||||||
23 | minor's parents or guardians with an expungement information | ||||||
24 | packet, including a petition to expunge juvenile records | ||||||
25 | obtained from the clerk of the circuit court. | ||||||
26 | (2.6) If a minor is charged with an offense and is found | ||||||
27 | not delinquent of that offense; or if a minor is placed under | ||||||
28 | supervision under Section 5-615, and the order of supervision | ||||||
29 | is successfully terminated; or if the minor was placed on | ||||||
30 | probation under Section 5-715, and the probation period is | ||||||
31 | terminated; or if a minor is adjudicated for an offense that | ||||||
32 | would be a Class B misdemeanor, a Class C misdemeanor, or a | ||||||
33 | business or petty offense if committed by an adult; or if a | ||||||
34 | minor has incidents occurring before his or her 17th birthday | ||||||
35 | that would have not resulted in proceedings in criminal court | ||||||
36 | or resulted in proceedings in juvenile court, and the |
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1 | adjudications were not based upon first degree murder or sex | ||||||
2 | offenses that would be felonies if committed by an adult; then | ||||||
3 | at the time of sentencing or dismissal of the case, the judge | ||||||
4 | shall inform the minor defendant of his or her right to | ||||||
5 | expungement as provided by law, and the clerk of the circuit | ||||||
6 | court shall provide an expungement information packet to the | ||||||
7 | minor defendant, written in plain language, including a | ||||||
8 | petition for expungement, a sample of a completed petition, | ||||||
9 | expungement instructions that shall include information | ||||||
10 | informing the minor that (i) once the case is expunged, it | ||||||
11 | shall be treated as if it never occurred, (ii) he or she may | ||||||
12 | apply to have petition fees waived, (iii) once he or she | ||||||
13 | obtains an expungement, he or she may not be required to | ||||||
14 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
15 | she may file the petition on his or her own or with the | ||||||
16 | assistance of an attorney. If a minor is placed on probation | ||||||
17 | and the probation period is terminated, the probation or court | ||||||
18 | services department shall inform the minor defendant of his or | ||||||
19 | her right to expungement as provided by law and provide the | ||||||
20 | minor defendant with an expungement information packet | ||||||
21 | including a petition to expunge juvenile records obtained from | ||||||
22 | the clerk of the circuit court. | ||||||
23 | (2.7) For counties with a population over 3,000,000, the | ||||||
24 | clerk of the circuit court shall send a "Notification of a | ||||||
25 | Possible Right to Expungement" post card to the minor at the | ||||||
26 | address last received by the clerk of the circuit court on the | ||||||
27 | date that the minor attains the age of 17 based on the | ||||||
28 | birthdate provided to the court by the minor or his or her | ||||||
29 | guardian in cases under paragraphs (b), (c), (c-5), and (d) of | ||||||
30 | subsection (1); and when the minor attains the age of 21 based | ||||||
31 | on the birthdate provided to the court by the minor or his or | ||||||
32 | her guardian in cases under subsection (2). | ||||||
33 | (2.8) The petition for expungement for this subsection (1) | ||||||
34 | shall be substantially in the following form: | ||||||
35 | IN THE CIRCUIT COURT OF......, ILLINOIS
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1 | ........JUDICIAL CIRCUIT
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2 | IN THE INTEREST OF) NO. | ||||||
3 | .................... | ||||||
4 | (Name of Petitioner) | ||||||
5 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
6 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
7 | (Please prepare a separate petition for each offense) | ||||||
8 | Now comes............., petitioner, and respectfully requests
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9 | that this Honorable Court enter an order expunging all juvenile | ||||||
10 | law enforcement and court records of petitioner and in support | ||||||
11 | thereof states that:
Petitioner has attained the age of 17, | ||||||
12 | his/her birth date being, ......, or all
Juvenile Court | ||||||
13 | proceedings terminated as of......, whichever occurred later.
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14 | Petitioner was arrested on..... by the.......Police Department | ||||||
15 | for the offense of ......., and:
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16 | (Check One:)
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17 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
18 | Court. | ||||||
19 | ( ) b. was charged with......and was found not delinquent
of | ||||||
20 | the offense. | ||||||
21 | ( ) c. a petition was filed and the petition was Sol'd/DWOP'd | ||||||
22 | on_.....on...... | ||||||
23 | ( ) d. the finding of delinquency entered on .... , was vacated | ||||||
24 | on ...... | ||||||
25 | ( ) e. on.......placed under supervision pursuant to Section | ||||||
26 | 2-20, 3-21, 4-18, or 5-615 of the Juvenile Court Act of 1987 | ||||||
27 | and such order of supervision successfully terminated | ||||||
28 | on........ | ||||||
29 | ( ) f. on .....placed on probation pursuant to Section 5-715 | ||||||
30 | [705 ILCS 405/5-715] of the Juvenile Court Act of 1987 and the | ||||||
31 | probation period terminated on....... | ||||||
32 | ( ) g. was adjudicated for the offense, which would have been a | ||||||
33 | Class B misdemeanor, a Class C misdemeanor, or a lesser petty | ||||||
34 | offense or business offense if committed by an adult.
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35 | Petitioner ....has .... has not been arrested on charges in | ||||||
36 | this or any county other than the charges listed above. If |
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1 | petitioner has been arrested on additional charges, please list | ||||||
2 | the charges below:
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3 | Charge(s):...... | ||||||
4 | Arresting Agency or Agencies:........... | ||||||
5 | Disposition/Result: (choose from a. through g., above):.....
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6 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
7 | Court to (1) order all law enforcement agencies to expunge all | ||||||
8 | records of petitioner to this incident, and (2) to order the | ||||||
9 | Clerk of the Court to expunge all records concerning the | ||||||
10 | petitioner regarding this incident. | ||||||
11 | ......................
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12 | Petitioner (Signature)
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13 | ..........................
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14 | Petitioner's Street Address | ||||||
15 | .....................
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16 | City, State, Zip code
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17 | ............................. | ||||||
18 | Petitioner's Telephone Number | ||||||
19 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
20 | Procedure, 735, ILCS 5/1-109, I hereby certify that the | ||||||
21 | statements in this petition are true and correct, or on | ||||||
22 | information and belief I believe the same to be true. | ||||||
23 | .................Petitioner (Signature) | ||||||
24 | The Petition for Expungement for subsection (2) shall be | ||||||
25 | substantially in the following form: | ||||||
26 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
27 | ........JUDICIAL CIRCUIT | ||||||
28 | IN THE INTEREST OF ) NO. | ||||||
29 | ...................
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1 | (Name of Petitioner)
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2 | PETITION TO EXPUNGE JUVENILE RECORDS
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3 | (705 ILCS 405/5-915(SUBSECTION 2))
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4 | (Please prepare a separate petition for each offense)
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5 | Now comes ............, petitioner, and respectfully requests | ||||||
6 | that this Honorable Court enter an order expunging all Juvenile | ||||||
7 | Law Enforcement and Court records of petitioner and in support | ||||||
8 | thereof states that: | ||||||
9 | The incident for which the Petitioner seeks expungement | ||||||
10 | occurred before the Petitioner's 17th birthday and did not | ||||||
11 | result in proceedings in criminal court and the Petitioner has | ||||||
12 | not had any convictions for any crime since his/her 17th | ||||||
13 | birthday; or
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14 | The incident for which the Petitioner seeks expungement | ||||||
15 | occurred before the Petitioner's 17th birthday and the | ||||||
16 | adjudication was not based upon first-degree murder or offenses | ||||||
17 | which would be felonies if committed by an adult, and the | ||||||
18 | Petitioner has not had any convictions for any crime since | ||||||
19 | his/her 17th birthday. | ||||||
20 | Petitioner was arrested on ...... by the .......Police | ||||||
21 | Department for the offense of ........, and: | ||||||
22 | (Check whichever one occurred the latest:) | ||||||
23 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
24 | birthday being .......; or | ||||||
25 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
26 | proceedings relating to the Petitioner have been terminated; or | ||||||
27 | the Petitioner's commitment to the Department of Corrections, | ||||||
28 | Juvenile Division, pursuant to the expungement of juvenile law | ||||||
29 | enforcement and court records provisions of the Juvenile Court | ||||||
30 | Act of 1987 has been terminated.
Petitioner ... has ... has not | ||||||
31 | been arrested on charges in this or any other county other than | ||||||
32 | the charge listed above. If petitioner has been arrested on | ||||||
33 | additional charges, please list the charges below: | ||||||
34 | Charge(s): .......... | ||||||
35 | Arresting Agency or Agencies:....... | ||||||
36 | Disposition/Result: (choose from a or b, above):.......... |
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1 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
2 | Court to (1) order all law enforcement agencies to expunge all | ||||||
3 | records of petitioner to this incident, and (2) to order the | ||||||
4 | Clerk of the Court to expunge all records concerning the | ||||||
5 | petitioner regarding this incident. | ||||||
6 | .......................
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7 | Petitioner (Signature) | ||||||
8 | ...................... | ||||||
9 | Petitioner's Street Address
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10 | ..................... | ||||||
11 | City, State, Zip code | ||||||
12 | ............................. | ||||||
13 | Petitioner's Telephone Number
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14 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
15 | Procedure, 735, ILCS 5/1-109, I hereby certify that the | ||||||
16 | statements in this petition are true and correct, or on | ||||||
17 | information and belief I believe the same to be true.
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18 | ...................... | ||||||
19 | Petitioner (Signature)
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20 | (3) The chief judge of the circuit in which an arrest was | ||||||
21 | made or a charge
was brought or any
judge of that circuit | ||||||
22 | designated by the chief judge shall
may , upon verified petition
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23 | of a person who is the subject of an arrest or a juvenile court | ||||||
24 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
25 | the law enforcement
records or official court file, or both, to | ||||||
26 | be expunged from the official
records of the arresting | ||||||
27 | authority, the clerk of the circuit court and the
Department of | ||||||
28 | State Police. The person whose records are to be expunged shall | ||||||
29 | petition the court using the appropriate form containing his or | ||||||
30 | her current address and shall promptly notify the clerk of the | ||||||
31 | circuit court of any change of address. Notice
that the | ||||||
32 | person's records are to be expunged
of the petition shall be |
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1 | served upon the State's Attorney or prosecutor charged with the | ||||||
2 | duty of prosecuting the offense, the Department of State | ||||||
3 | Police, the arresting authority, and the chief legal officer of | ||||||
4 | the unit of local government effecting the arrest by the clerk | ||||||
5 | of the circuit court. If an objection is filed within 90 days | ||||||
6 | of the notice of the proposed expungement, the clerk of the | ||||||
7 | circuit court shall set a date for hearing after the 90 day | ||||||
8 | objection period. At the hearing the court shall hear evidence | ||||||
9 | on whether the expungement should or should not be granted. | ||||||
10 | Unless the State's Attorney or prosecutor, the Department of | ||||||
11 | State Police, or an arresting agency objects to the expungement | ||||||
12 | within 90 days of the notice, the court shall automatically | ||||||
13 | enter an order granting expungement. The person whose records | ||||||
14 | are to be expunged shall pay the clerk of the circuit court a | ||||||
15 | fee equivalent to the cost associated with expungement of | ||||||
16 | records by the clerk and the Department of State Police. The | ||||||
17 | clerk shall forward the Department of State Police portion of | ||||||
18 | the fee to the Department of State Police and it shall be | ||||||
19 | deposited into the State Police Services Fund. The clerk shall | ||||||
20 | deliver a certified copy of the order to the arresting agency, | ||||||
21 | and when appropriate, the Department of State Police Bureau of | ||||||
22 | Identification
and upon the
arresting authority which is the | ||||||
23 | subject of the petition for expungement .
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24 | (4) Upon entry of an order expunging records or files, the | ||||||
25 | offense, which
the records or files concern shall be treated as | ||||||
26 | if it never occurred. Law
enforcement officers and other public | ||||||
27 | offices and agencies shall properly reply
on inquiry that no | ||||||
28 | record or file exists with respect to the
person.
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29 | (5) Records which have not been expunged are sealed, and | ||||||
30 | may be obtained
only under the provisions of Sections 5-901, | ||||||
31 | 5-905 and 5-915.
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32 | (6) Nothing in this Section shall be construed to prohibit | ||||||
33 | the maintenance
of information relating to an offense after | ||||||
34 | records or files concerning the
offense have been expunged if | ||||||
35 | the information is kept in a manner that does not
enable | ||||||
36 | identification of the offender. This information may only be |
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1 | used for
statistical and bona fide research purposes. | ||||||
2 | (7)(a) The State Appellate Defender shall establish, | ||||||
3 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
4 | expungement program
to provide information and assistance to | ||||||
5 | minors eligible to have their juvenile records expunged.
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6 | (b) The State Appellate Defender shall develop brochures, | ||||||
7 | pamphlets, and
other
materials in
printed form and through the | ||||||
8 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
9 | shall
include at a minimum the following information:
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10 | (i) An explanation of the State's juvenile expungement | ||||||
11 | process; | ||||||
12 | (ii) The circumstances under which juvenile | ||||||
13 | expungement may occur; | ||||||
14 | (iii) The juvenile offenses that may be expunged; | ||||||
15 | (iv) The steps necessary to initiate and complete the | ||||||
16 | juvenile expungement process;
and | ||||||
17 | (v) Directions on how to contact the State Appellate | ||||||
18 | Defender. | ||||||
19 | (c) The State Appellate Defender shall establish and | ||||||
20 | maintain a statewide
toll-free telephone
number that a person | ||||||
21 | may use to receive information or assistance concerning
the | ||||||
22 | expungement of juvenile records. The State Appellate
Defender | ||||||
23 | shall advertise
the toll-free telephone number statewide. The | ||||||
24 | State Appellate Defender shall
develop an expungement
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25 | information packet that may be sent to eligible persons seeking | ||||||
26 | expungement of
their juvenile records,
which may include, but | ||||||
27 | is not limited to, a pre-printed expungement petition
with | ||||||
28 | instructions on how
to complete the petition and a pamphlet | ||||||
29 | containing information that would
assist individuals through
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30 | the juvenile expungement process. | ||||||
31 | (d) The State Appellate Defender shall compile a statewide | ||||||
32 | list of volunteer
attorneys willing
to assist eligible | ||||||
33 | individuals through the juvenile expungement process. | ||||||
34 | (e) This Section shall be implemented from funds | ||||||
35 | appropriated by the General
Assembly to the State
Appellate | ||||||
36 | Defender
for this purpose. The State Appellate Defender shall |
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1 | employ the necessary staff
and adopt the
necessary rules for | ||||||
2 | implementation of this Section. | ||||||
3 | (8) (a) Except with respect to law enforcement agencies, | ||||||
4 | the Department of Corrections, State's Attorneys, or other | ||||||
5 | prosecutors, an expunged juvenile record may not be considered | ||||||
6 | by any private or public entity in employment matters, | ||||||
7 | certification, licensing, revocation of certification or | ||||||
8 | licensure, or registration. Applications for employment must | ||||||
9 | contain specific language that states that the applicant is not | ||||||
10 | obligated to disclose expunged juvenile records of conviction | ||||||
11 | or arrest. Employers may not ask if an applicant has had a | ||||||
12 | juvenile record expunged. Effective January 1, 2005, the | ||||||
13 | Department of Employment Security shall develop a program to | ||||||
14 | inform employers that employers may not ask if an applicant had | ||||||
15 | a juvenile record expunged and that application for employment | ||||||
16 | must contain specific language that states that the applicant | ||||||
17 | is not obligated to disclose expunged juvenile records of | ||||||
18 | arrest or conviction. | ||||||
19 | (b) A person whose juvenile records have been expunged is | ||||||
20 | not entitled to remission of any fines, costs, or other money | ||||||
21 | paid as a consequence of expungement. This amendatory Act of | ||||||
22 | the 93rd General Assembly does not affect the right of the | ||||||
23 | victim of a crime to prosecute or defend a civil action for | ||||||
24 | damages.
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25 | (Source: P.A. 90-590, eff. 1-1-99.)
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26 | Section 99. Effective date. This Act takes effect upon | ||||||
27 | becoming law.
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