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