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Juvenile Justice Reform Committee
Adopted in House Comm. on Mar 04, 2004
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| AMENDMENT TO HOUSE BILL 4566
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| AMENDMENT NO. ______. Amend House Bill 4566 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Juvenile Court Act of 1987 is amended by |
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| changing Section 5-915 as follows:
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| (705 ILCS 405/5-915)
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| Sec. 5-915. Expungement of juvenile law enforcement and |
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| juvenile court records.
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| (1) Whenever any person has attained the age of 17 or |
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| whenever all juvenile
court proceedings relating to that person |
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| have been terminated, whichever is
later, the person may |
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| petition the court to expunge law enforcement records
relating |
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| to incidents occurring before his or her 17th birthday or his |
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| or her
juvenile court
records, or both, but only in the |
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| following circumstances:
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| (a) the minor was arrested and no petition for |
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| delinquency was filed with
the clerk of the circuit court; |
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| or
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| (b) the minor was charged with an offense and was found |
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| not delinquent of
that offense; or
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| (c) the minor was placed under supervision pursuant to |
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| Section 5-615, and
the order of
supervision has since been |
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| successfully terminated; or |
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| (d)
the minor was adjudicated for an offense which |
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| would be a Class B
misdemeanor , Class C misdemeanor, or a |
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| petty or business offense if committed by an adult.
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| (2) Any person may petition the court to expunge all law |
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| enforcement records
relating to any
incidents occurring before |
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| his or her 17th birthday which did not result in
proceedings in |
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| criminal court and all juvenile court records with respect to
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| any adjudications except those based upon first degree
murder |
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| and
sex offenses which would be felonies if committed by an |
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| adult, if the person
for whom expungement is sought has had no
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| convictions for any crime since his or her 17th birthday and:
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| (a) has attained the age of 21 years; or
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| (b) 5 years have elapsed since all juvenile court |
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| proceedings relating to
him or her have been terminated or |
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| his or her commitment to the Department of
Corrections, |
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| Juvenile Division
pursuant to this Act has been terminated;
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| whichever is later of (a) or (b). |
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| (2.5) If a minor is arrested and no petition for |
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| delinquency is filed with the clerk of the circuit court as |
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| provided in paragraph (a) of subsection (1) at the time the |
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| minor is released from custody, the youth officer, if |
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| applicable, or other designated person from the arresting |
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| agency, shall notify verbally and in writing to the minor or |
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| the minor's parents or guardians that if the State's Attorney |
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| does not file a petition for delinquency, the minor has a right |
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| to petition to have his or her arrest record expunged when the |
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| minor attains the age of 17 or when all juvenile court |
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| proceedings relating to that minor have been terminated and |
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| that unless a petition to expunge is filed, the minor shall |
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| have an arrest record and shall provide the minor and the |
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| minor's parents or guardians with an expungement information |
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| packet, including a petition to expunge juvenile records |
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| obtained from the clerk of the circuit court. |
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| (2.6) If a minor is charged with an offense and is found |
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| not delinquent of that offense; or if a minor is placed under |
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| supervision under Section 5-615, and the order of supervision |
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| is successfully terminated; or if a minor is adjudicated for an |
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| offense that would be a Class B misdemeanor, a Class C |
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| misdemeanor, or a business or petty offense if committed by an |
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| adult; or if a minor has incidents occurring before his or her |
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| 17th birthday that would have not resulted in proceedings in |
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| criminal court or resulted in proceedings in juvenile court, |
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| and the adjudications were not based upon first degree murder |
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| or sex offenses that would be felonies if committed by an |
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| adult; then at the time of sentencing or dismissal of the case, |
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| the judge shall inform the delinquent minor of his or her right |
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| to expungement as provided by law, and the clerk of the circuit |
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| court shall provide an expungement information packet to the |
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| delinquent minor, written in plain language, including a |
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| petition for expungement, a sample of a completed petition, |
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| expungement instructions that shall include information |
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| informing the minor that (i) once the case is expunged, it |
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| shall be treated as if it never occurred, (ii) he or she may |
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| apply to have petition fees waived, (iii) once he or she |
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| obtains an expungement, he or she may not be required to |
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| disclose that he or she had a juvenile record, and (iv) he or |
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| she may file the petition on his or her own or with the |
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| assistance of an attorney. |
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| (2.7) For counties with a population over 3,000,000, the |
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| clerk of the circuit court shall send a "Notification of a |
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| Possible Right to Expungement" post card to the minor at the |
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| address last received by the clerk of the circuit court on the |
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| date that the minor attains the age of 17 based on the |
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| birthdate provided to the court by the minor or his or her |
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| guardian in cases under paragraphs (b), (c), (c-5), and (d) of |
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| subsection (1); and when the minor attains the age of 21 based |
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| on the birthdate provided to the court by the minor or his or |
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| her guardian in cases under subsection (2). |
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| (2.8) The petition for expungement for subsection (1) shall |
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| be substantially in the following form: |
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| IN THE CIRCUIT COURT OF......, ILLINOIS
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| ........JUDICIAL CIRCUIT
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| IN THE INTEREST OF) NO. |
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| .................... |
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| (Name of Petitioner) |
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| PETITION TO EXPUNGE JUVENILE RECORDS |
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| (705 ILCS 405/5-915 (SUBSECTION 1)) |
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| (Please prepare a separate petition for each offense) |
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| Now comes............., petitioner, and respectfully requests
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| that this Honorable Court enter an order expunging all juvenile |
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| law enforcement and court records of petitioner and in support |
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| thereof states that:
Petitioner has attained the age of 17, |
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| his/her birth date being, ......, or all
Juvenile Court |
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| proceedings terminated as of......, whichever occurred later.
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| Petitioner was arrested on..... by the.......Police Department |
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| for the offense of ......., and:
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| (Check One:)
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| ( ) a. no petition was filed with the Clerk of the Circuit |
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| Court. |
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| ( ) b. was charged with......and was found not delinquent
of |
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| the offense. |
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| ( ) c. a petition was filed and the petition was dismissed |
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| without a finding of delinquency on_.....on...... |
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| ( ) d. on.......placed under supervision pursuant to Section |
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| 5-615 of the Juvenile Court Act of 1987 and such order of |
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| supervision successfully terminated on........ |
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| ( ) e. was adjudicated for the offense, which would have been a |
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| Class B misdemeanor, a Class C misdemeanor, or a lesser petty |
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| offense or business offense if committed by an adult.
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| Petitioner ....has .... has not been arrested on charges in |
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| this or any county other than the charges listed above. If |
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| petitioner has been arrested on additional charges, please list |
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| the charges below:
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| Charge(s):...... |
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| Arresting Agency or Agencies:........... |
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| Disposition/Result: (choose from a. through e., above):.....
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| WHEREFORE, the petitioner respectfully requests this Honorable |
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| Court to (1) order all law enforcement agencies to expunge all |
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| records of petitioner to this incident, and (2) to order the |
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| Clerk of the Court to expunge all records concerning the |
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| petitioner regarding this incident. |
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| ......................
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| Petitioner (Signature)
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| ..........................
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| Petitioner's Street Address
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| .....................
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| City, State, Zip code
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| .............................
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| Petitioner's Telephone Number
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| Pursuant to the penalties of perjury under the Code of Civil |
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| Procedure, 735, ILCS 5/1-109, I hereby certify that the |
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| statements in this petition are true and correct, or on |
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| information and belief I believe the same to be true. |
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| .................Petitioner (Signature) |
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| The Petition for Expungement for subsection (2) shall be |
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| substantially in the following form: |
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| IN THE CIRCUIT COURT OF ........, ILLINOIS |
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| ........JUDICIAL CIRCUIT |
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| IN THE INTEREST OF ) NO. |
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| ...................
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| (Name of Petitioner)
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| PETITION TO EXPUNGE JUVENILE RECORDS
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| (705 ILCS 405/5-915(SUBSECTION 2))
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| (Please prepare a separate petition for each offense)
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| Now comes ............, petitioner, and respectfully requests |
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| that this Honorable Court enter an order expunging all Juvenile |
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| Law Enforcement and Court records of petitioner and in support |
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| thereof states that: |
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| The incident for which the Petitioner seeks expungement |
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| occurred before the Petitioner's 17th birthday and did not |
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| result in proceedings in criminal court and the Petitioner has |
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| not had any convictions for any crime since his/her 17th |
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| birthday; and
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| The incident for which the Petitioner seeks expungement |
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| occurred before the Petitioner's 17th birthday and the |
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| adjudication was not based upon first-degree murder or sex |
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| offenses which would be felonies if committed by an adult, and |
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| the Petitioner has not had any convictions for any crime since |
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| his/her 17th birthday. |
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| Petitioner was arrested on ...... by the .......Police |
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| Department for the offense of ........, and: |
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| (Check whichever one occurred the latest:) |
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| ( ) a. The Petitioner has attained the age of 21 years, his/her |
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| birthday being .......; or |
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| ( ) b. 5 years have elapsed since all juvenile court |
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| proceedings relating to the Petitioner have been terminated; or |
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| the Petitioner's commitment to the Department of Corrections, |
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| Juvenile Division, pursuant to the expungement of juvenile law |
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| enforcement and court records provisions of the Juvenile Court |
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| Act of 1987 has been terminated.
Petitioner ... has ... has not |
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| been arrested on charges in this or any other county other than |
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| the charge listed above. If petitioner has been arrested on |
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| additional charges, please list the charges below: |
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| Charge(s): .......... |
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| Arresting Agency or Agencies:....... |
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| Disposition/Result: (choose from a or b, above):.......... |
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| WHEREFORE, the petitioner respectfully requests this Honorable |
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| Court to (1) order all law enforcement agencies to expunge all |
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| records of petitioner to this incident, and (2) to order the |
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| Clerk of the Court to expunge all records concerning the |
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| petitioner regarding this incident. |
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| .......................
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| Petitioner (Signature)
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| ......................
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| Petitioner's Street Address
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| .....................
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| City, State, Zip code
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| .............................
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| Petitioner's Telephone Number
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| Pursuant to the penalties of perjury under the Code of Civil |
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| Procedure, 735, ILCS 5/1-109, I hereby certify that the |
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| statements in this petition are true and correct, or on |
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| information and belief I believe the same to be true.
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| ......................
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| Petitioner (Signature)
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| (3) The chief judge of the circuit in which an arrest was |
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| made or a charge
was brought or any
judge of that circuit |
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| designated by the chief judge
may, upon verified petition
of a |
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| person who is the subject of an arrest or a juvenile court |
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| proceeding
under subsection (1) or (2) of this Section, order |
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| the law enforcement
records or official court file, or both, to |
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LRB093 19428 RLC 48163 a |
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| be expunged from the official
records of the arresting |
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| authority, the clerk of the circuit court and the
Department of |
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| State Police. The person whose records are to be expunged shall |
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| petition the court using the appropriate form containing his or |
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| her current address and shall promptly notify the clerk of the |
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| circuit court of any change of address. Notice
that the |
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| person's records are to be expunged
of the petition shall be |
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| served upon the State's Attorney or prosecutor charged with the |
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| duty of prosecuting the offense, the Department of State |
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| Police, and the arresting agency or agencies by the clerk of |
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| the circuit court. If an objection is filed within 90 days of |
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| the notice of the proposed expungement, the clerk of the |
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| circuit court shall set a date for hearing after the 90 day |
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| objection period. At the hearing the court shall hear evidence |
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| on whether the expungement should or should not be granted. |
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| Unless the State's Attorney or prosecutor, the Department of |
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| State Police, or an arresting agency objects to the expungement |
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| within 90 days of the notice, the court shall automatically |
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| enter an order granting expungement. The person whose records |
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| are to be expunged shall pay the clerk of the circuit court a |
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| fee equivalent to the cost associated with expungement of |
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| records by the clerk and the Department of State Police. The |
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| clerk shall forward the Department of State Police portion of |
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| the fee to the Department of State Police and it shall be |
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| deposited into the State Police Services Fund. The clerk shall |
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| deliver a certified copy of the order to the arresting agency, |
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| and when appropriate, the Department of State Police Bureau of |
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| Identification
and upon the
arresting authority which is the |
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| subject of the petition for expungement . |
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| (3.1) The Notice of Expungement shall be in substantially |
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| the following form: |
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| IN THE CIRCUIT COURT OF....., ILLINOIS
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| ....JUDICIAL CIRCUIT
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| IN THE INTEREST OF) NO.
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| ..........
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| (Name of Petitioner) |
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| NOTICE
TO: State's Attorney |
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| TO: Arresting Agency |
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| TO:Illinois State Police_
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| ATTENTION: Expungement
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| You are hereby notified that on....., at....., in courtroom |
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| ..., located at..., before the Honorable..., Judge, or any |
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| judge sitting in his/her stead, I shall then and there present |
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| a Petition to Expunge Juvenile records in the above-entitled |
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| matter, at which time and place you may appear. |
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| ...................... |
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| Petitioner's Signature |
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| ...........................
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| Petitioner's Street Address |
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| .........
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| City, State, Zip code |
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| ............................. |
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| Petitioner's Telephone Number |
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| PROOF OF SERVICE
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| On the.......day of......, 200..., I on oath state that I |
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| served this notice and true and correct copies of the |
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| above-checked documents by:
(Check One:)
delivering copies |
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| personally to each entity to whom they are directed;
or
by |
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| mailing copies to each entity to whom they are directed by |
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| depositing the same in the U.S. Mail, proper postage fully |
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| prepaid, before the hour of 5:00 p.m., at the United States |
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| Postal Depository located at .................
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| Signature
Clerk of the Circuit Court or Deputy Clerk |
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| Printed Name of Delinquent Minor/Petitioner:.... |
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| Address:........... |
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| Telephone Number:..... |
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| (3.2) The Order of Expungement shall be in substantially |
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| the following form: |
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| IN THE CIRCUIT COURT OF....., ILLINOIS
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| JUDICIAL CIRCUIT
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| IN THE INTEREST OF
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| ..................
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| (Name of Petitioner)
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| DOB....... |
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| Arresting Agency/Agencies...... |
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| ORDER OF EXPUNGEMENT
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| (705 ILCS 405/5-915 (3))
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| This matter having been heard on the petitioner's motion and |
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| the court being fully advised in the premises does find that |
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| the petitioner in indigent or has presented reasonable cause to |
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| waive all costs in this matter, IT IS HEREBY ORDERED that: |
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| ( ) 1. Clerk of Court and Department of State Police costs |
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| are hereby waived in this matter. |
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| ( ) 2. The Illinois State Police Bureau of Identification |
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| and the following law enforcement agencies expunge all records |
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| of petitioner relating to an arrest dated......for the offense |
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| of...... |
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| Law Enforcement Agencies:
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| .........................
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| .........................
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| ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit |
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| Court expunge all records regarding the above-captioned case. |
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| ENTER:.....
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| JUDGE
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| DATED:....... |
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| Name:
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| Attorney for:
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| Address:
City/State/Zip:
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| Attorney Number:
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| (3.3) The Notice of Objection shall be in substantially the |
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| following form: |
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| IN THE CIRCUIT COURT OF....., ILLINOIS
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LRB093 19428 RLC 48163 a |
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| .......................JUDICIAL CIRCUIT
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| IN THE INTEREST OF) NO.
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| (Name of Petitioner)) |
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| NOTICE OF OBJECTION
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| TO:(Attorney, Public Defender, Minor) |
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| TO:(Judge)
TO:(Illinois State Police) |
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| TO:(Arresting Agency/Agencies) |
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| TO:(Clerk of the Court) |
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| ATTENTION:
You are hereby notified that an objection has been |
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| filed by the following entity regarding the above-named minor's |
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| petition for expungement of juvenile records: |
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| ( ) State's Attorney' Office
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| ( ) Prosecutor (other than State's Attorney's Office) charged |
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| with the duty of prosecuting the offense sought to be expunged
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| ( ) Department of Illinois State Police
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| ( ) Arresting Agency or Agencies
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| The agency checked above respectfully requests that this case |
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| be continued and set for hearing on whether the expungement |
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| should or should not be granted.
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| DATED:....... |
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| Name: |
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| Attorney For:
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| Address: |
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| City/State/Zip:
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| Telephone:
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| Attorney No.:
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| FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
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| This matter has been set for hearing on the foregoing |
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| objection, on ......in room...., located at....., before the |
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| Honorable ....., Judge, or any judge sitting in his/her stead.
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| (Only one hearing shall be set, regardless of the number of |
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| Notices of Objection received on the same case).
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| A copy of this completed Notice of Objection containing the |
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| court date, time, and location, has been sent via regular U.S. |
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| Mail to the following entities. (If more than one Notice of |
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| Objection is received on the same case, each one must be |
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| completed with the court date, time and location and mailed to |
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| the following entities):
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| ( ) Attorney, Public Defender or Minor;
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| ( ) State's Attorney's Office; |
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| ( ) Prosecutor (other than State's Attorney's Office) charged |
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| with the duty of prosecuting the offense sought to be expunged; |
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| ( ) Department of Illinois State Police; and |
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| ( ) Arresting agency or agencies.
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| Date:...... |
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| Initials of Clerk completing this section:.....
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| (4) Upon entry of an order expunging records or files, the |
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| offense, which
the records or files concern shall be treated as |
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| if it never occurred. Law
enforcement officers and other public |
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| offices and agencies shall properly reply
on inquiry that no |
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| record or file exists with respect to the
person.
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| (5) Records which have not been expunged are sealed, and |
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| may be obtained
only under the provisions of Sections 5-901, |
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| 5-905 and 5-915.
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| (6) Nothing in this Section shall be construed to prohibit |
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| the maintenance
of information relating to an offense after |
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| records or files concerning the
offense have been expunged if |
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| the information is kept in a manner that does not
enable |
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| identification of the offender. This information may only be |
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| used for
statistical and bona fide research purposes. |
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| (7)(a) The State Appellate Defender shall establish, |
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| maintain, and carry out, by December 31, 2004, a juvenile |
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| expungement program
to provide information and assistance to |
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| minors eligible to have their juvenile records expunged.
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| (b) The State Appellate Defender shall develop brochures, |
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| pamphlets, and
other
materials in
printed form and through the |
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| agency's World Wide Web site. The pamphlets and
other materials |
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| shall
include at a minimum the following information:
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| (i) An explanation of the State's juvenile expungement |
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| process; |
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| (ii) The circumstances under which juvenile |
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| expungement may occur; |
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| (iii) The juvenile offenses that may be expunged; |
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| (iv) The steps necessary to initiate and complete the |
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| juvenile expungement process;
and |
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| (v) Directions on how to contact the State Appellate |
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| Defender. |
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| (c) The State Appellate Defender shall establish and |
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| maintain a statewide
toll-free telephone
number that a person |
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| may use to receive information or assistance concerning
the |
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| expungement of juvenile records. The State Appellate
Defender |
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| shall advertise
the toll-free telephone number statewide. The |
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| State Appellate Defender shall
develop an expungement
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| information packet that may be sent to eligible persons seeking |
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| expungement of
their juvenile records,
which may include, but |
18 |
| is not limited to, a pre-printed expungement petition
with |
19 |
| instructions on how
to complete the petition and a pamphlet |
20 |
| containing information that would
assist individuals through
|
21 |
| the juvenile expungement process. |
22 |
| (d) The State Appellate Defender shall compile a statewide |
23 |
| list of volunteer
attorneys willing
to assist eligible |
24 |
| individuals through the juvenile expungement process. |
25 |
| (e) This Section shall be implemented from funds |
26 |
| appropriated by the General
Assembly to the State
Appellate |
27 |
| Defender
for this purpose. The State Appellate Defender shall |
28 |
| employ the necessary staff
and adopt the
necessary rules for |
29 |
| implementation of this Section. |
30 |
| (8) (a) Except with respect to law enforcement agencies, |
31 |
| the Department of Corrections, State's Attorneys, or other |
32 |
| prosecutors, an expunged juvenile record may not be considered |
33 |
| by any private or public entity in employment matters, |
34 |
| certification, licensing, revocation of certification or |
|
|
|
09300HB4566ham001 |
- 14 - |
LRB093 19428 RLC 48163 a |
|
|
1 |
| licensure, or registration. Applications for employment must |
2 |
| contain specific language that states that the applicant is not |
3 |
| obligated to disclose expunged juvenile records of conviction |
4 |
| or arrest. Employers may not ask if an applicant has had a |
5 |
| juvenile record expunged. Effective January 1, 2005, the |
6 |
| Department of Employment Security shall develop a program to |
7 |
| inform employers that employers may not ask if an applicant had |
8 |
| a juvenile record expunged and that application for employment |
9 |
| must contain specific language that states that the applicant |
10 |
| is not obligated to disclose expunged juvenile records of |
11 |
| arrest or conviction. |
12 |
| (b) A person whose juvenile records have been expunged is |
13 |
| not entitled to remission of any fines, costs, or other money |
14 |
| paid as a consequence of expungement. This amendatory Act of |
15 |
| the 93rd General Assembly does not affect the right of the |
16 |
| victim of a crime to prosecute or defend a civil action for |
17 |
| damages.
|
18 |
| (Source: P.A. 90-590, eff. 1-1-99.)
|
19 |
| Section 99. Effective date. This Act takes effect upon |
20 |
| becoming law.".
|