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1 | AN ACT concerning courts.
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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 | court records.
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9 | (0.1) As used in this Section: | ||||||||||||||||||||||||
10 | "Expungement" means the complete obliteration and | ||||||||||||||||||||||||
11 | destruction of the physical and electronic record and | ||||||||||||||||||||||||
12 | further, the notification of all contracted private | ||||||||||||||||||||||||
13 | electronic database systems corporation for immediate | ||||||||||||||||||||||||
14 | destruction of any electronic record pertaining to the | ||||||||||||||||||||||||
15 | specific record, for the purpose of immediate updating of | ||||||||||||||||||||||||
16 | expunged records. | ||||||||||||||||||||||||
17 | "Contracted private electronic database corporation" | ||||||||||||||||||||||||
18 | means any corporation or entity in possession of court or | ||||||||||||||||||||||||
19 | law enforcement records for the purposes of informing the | ||||||||||||||||||||||||
20 | public during the course of a common background check of | ||||||||||||||||||||||||
21 | any individual. | ||||||||||||||||||||||||
22 | (0.5) The court, on its own motion or upon the petition of | ||||||||||||||||||||||||
23 | a law enforcement official, shall immediately and |
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1 | automatically enter an order expunging any and all law | ||||||
2 | enforcement records relating to an incident occurring before an | ||||||
3 | individual's 17th birthday, and all of the individual's | ||||||
4 | juvenile court records, or both, pertaining to the incident, | ||||||
5 | including immediate notification to any and all contracted | ||||||
6 | private electronic database corporations, but only in the | ||||||
7 | following circumstances: | ||||||
8 | (a) the minor was arrested and no petition for | ||||||
9 | delinquency was filed with the clerk of the circuit court; | ||||||
10 | or | ||||||
11 | (b) the minor was charged with an offense and was found | ||||||
12 | not delinquent of that offense. | ||||||
13 | The Department of State Police shall promulgate rules | ||||||
14 | establishing procedures to be followed by law enforcement | ||||||
15 | officials to ensure the prompt expungement of records under | ||||||
16 | this Section.
| ||||||
17 | (1) Whenever any person has attained the age of 17 or | ||||||
18 | whenever all juvenile
court proceedings relating to that person | ||||||
19 | have been terminated, whichever is
later, the person may | ||||||
20 | petition the court to expunge law enforcement records
relating | ||||||
21 | to incidents occurring before his or her 17th birthday or his | ||||||
22 | or her
juvenile court
records, or both, but only in the | ||||||
23 | following circumstances:
| ||||||
24 | (a) the minor was arrested and no petition for | ||||||
25 | delinquency was filed with
the clerk of the circuit court; | ||||||
26 | or
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| |||||||
1 | (b) the minor was charged with an offense and was found | ||||||
2 | not delinquent of
that offense; or
| ||||||
3 | (a)
(c) the minor was placed under supervision pursuant | ||||||
4 | to Section 5-615, and
the order of
supervision has since | ||||||
5 | been successfully terminated; or
| ||||||
6 | (b)
(d)
the minor was adjudicated for an offense which | ||||||
7 | would be a Class B
misdemeanor , Class C misdemeanor, or a | ||||||
8 | petty or business offense if committed by an adult.
| ||||||
9 | (2) Any person may petition the court to expunge all law | ||||||
10 | enforcement records
relating to any
incidents occurring before | ||||||
11 | his or her 17th birthday which did not result in
proceedings in | ||||||
12 | criminal court and all juvenile court records with respect to
| ||||||
13 | any adjudications except those based upon first degree
murder | ||||||
14 | and
sex offenses which would be felonies if committed by an | ||||||
15 | adult, if the person
for whom expungement is sought has had no
| ||||||
16 | convictions for any crime since his or her 17th birthday and:
| ||||||
17 | (a) has attained the age of 21 years; or
| ||||||
18 | (b) 2
5 years have elapsed since all juvenile court | ||||||
19 | proceedings relating to
him or her have been terminated or | ||||||
20 | his or her commitment to the Department of
Juvenile Justice
| ||||||
21 | pursuant to this Act has been terminated;
| ||||||
22 | whichever is later of (a) or (b). | ||||||
23 | (2.5) If a minor is arrested and no petition for | ||||||
24 | delinquency is filed with the clerk of the circuit court as | ||||||
25 | provided in paragraph (a) of subsection (0.1)
(1) at the time | ||||||
26 | the minor is released from custody, the youth officer, if |
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1 | applicable, or other designated person from the arresting | ||||||
2 | agency, shall notify verbally and in writing to the minor or | ||||||
3 | the minor's parents or guardians that if the State's Attorney | ||||||
4 | does not file a petition for delinquency, the minor has a right | ||||||
5 | to petition to have his or her arrest record expunged | ||||||
6 | immediately and automatically
when the minor attains the age of | ||||||
7 | 17 or when all juvenile court proceedings relating to that | ||||||
8 | minor have been terminated and that unless a petition to | ||||||
9 | expunge is filed, the minor shall have an arrest record and | ||||||
10 | shall provide the minor and the minor's parents or guardians | ||||||
11 | with an expungement information packet, including a petition to | ||||||
12 | expunge juvenile records obtained from the clerk of the circuit | ||||||
13 | court . | ||||||
14 | (2.5-5) If a minor is charged with an offense and is found | ||||||
15 | not delinquent of that offense the judge shall include an order | ||||||
16 | of expungement in the final dismissal order, including | ||||||
17 | immediate notification to applicable law enforcement or | ||||||
18 | arresting agencies, and any and all contracted private | ||||||
19 | electronic database corporations. An expungement order form | ||||||
20 | shall be provided to the minor, in open court, for immediate | ||||||
21 | completion and entry of order by the court.
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22 | (2.6) If a minor is charged with an offense and is found | ||||||
23 | not delinquent of that offense; or if a minor is placed under | ||||||
24 | supervision under Section 5-615, and the order of supervision | ||||||
25 | is successfully terminated; or if a minor is adjudicated for an | ||||||
26 | offense that would be a Class B misdemeanor , a Class C |
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| |||||||
1 | misdemeanor, or a business or petty offense if committed by an | ||||||
2 | adult; or if a minor has incidents occurring before his or her | ||||||
3 | 17th birthday that have not resulted in proceedings in criminal | ||||||
4 | court, or resulted in proceedings in juvenile court, and the | ||||||
5 | adjudications were not based upon first degree murder or sex | ||||||
6 | offenses that would be felonies if committed by an adult; then | ||||||
7 | at the time of sentencing or dismissal of the case, the judge | ||||||
8 | shall inform the delinquent minor of his or her right to | ||||||
9 | petition for expungement as provided by law, and the clerk of | ||||||
10 | the circuit court shall provide an expungement information | ||||||
11 | packet to the delinquent minor, written in plain language, | ||||||
12 | including a petition for expungement, a sample of a completed | ||||||
13 | petition, expungement instructions that shall include | ||||||
14 | information informing the minor that (i) once the case is | ||||||
15 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
16 | or she may apply to have petition fees waived, (iii) once he or | ||||||
17 | she obtains an expungement, he or she may not be required to | ||||||
18 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
19 | she may file the petition on his or her own or with the | ||||||
20 | assistance of an attorney. The failure of the judge to inform | ||||||
21 | the delinquent minor of his or her right to petition for | ||||||
22 | expungement as provided by law does not create a substantive | ||||||
23 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
24 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
25 | appeal. | ||||||
26 | (2.7) For counties with a population over 3,000,000, the |
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1 | clerk of the circuit court shall send a "Notification of a | ||||||
2 | Possible Right to Expungement" post card to the minor at the | ||||||
3 | address last received by the clerk of the circuit court on the | ||||||
4 | date that the minor attains the age of 17 based on the | ||||||
5 | birthdate provided to the court by the minor or his or her | ||||||
6 | guardian in cases under paragraphs (a) or (b) , (c), and (d) of | ||||||
7 | subsection (1); and when the minor attains the age of 21 based | ||||||
8 | on the birthdate provided to the court by the minor or his or | ||||||
9 | her guardian in cases under subsection (2). The post card shall | ||||||
10 | include the URL for the Illinois Juvenile Expungement Website | ||||||
11 | for informational and court form access purposes.
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12 | (2.8) The petition for expungement for subsection (1) shall | ||||||
13 | be substantially in the following form: | ||||||
14 | IN THE CIRCUIT COURT OF ......, ILLINOIS
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15 | ........ JUDICIAL CIRCUIT
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16 | IN THE INTEREST OF ) NO.
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17 | )
| ||||||
18 | )
| ||||||
19 | ...................)
| ||||||
20 | (Name of Petitioner) | ||||||
21 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
22 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
23 | (Please prepare a separate petition for each offense) | ||||||
24 | Now comes ............., petitioner, and respectfully requests
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1 | that this Honorable Court enter an order expunging all juvenile | ||||||
2 | law enforcement and court records of petitioner and in support | ||||||
3 | thereof states that:
Petitioner has attained the age of 17, | ||||||
4 | his/her birth date being ......, or all
Juvenile Court | ||||||
5 | proceedings terminated as of ......, whichever occurred later.
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6 | Petitioner was arrested on ..... by the ....... Police | ||||||
7 | Department for the offense of ......., and:
| ||||||
8 | (Check One:)
| ||||||
9 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
10 | Court. | ||||||
11 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
12 | the offense. | ||||||
13 | ( ) c. a petition was filed and the petition was dismissed | ||||||
14 | without a finding of delinquency on ..... | ||||||
15 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
16 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
17 | supervision successfully terminated on ........ | ||||||
18 | ( ) e. was adjudicated for the offense, which would have been a | ||||||
19 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
20 | or business offense if committed by an adult.
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21 | Petitioner .... has .... has not been arrested on charges in | ||||||
22 | this or any county other than the charges listed above. If | ||||||
23 | petitioner has been arrested on additional charges, please list | ||||||
24 | the charges below:
| ||||||
25 | Charge(s): ...... | ||||||
26 | Arresting Agency or Agencies: ........... |
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1 | Disposition/Result: (choose from a. through e., above): .....
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2 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
3 | Court to (1) order all law enforcement agencies to expunge all | ||||||
4 | records of petitioner to this incident, and (2) to order the | ||||||
5 | Clerk of the Court to expunge all records concerning the | ||||||
6 | petitioner regarding this incident. | ||||||
7 | ......................
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8 | Petitioner (Signature)
| ||||||
9 | ..........................
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10 | Petitioner's Street Address | ||||||
11 | .....................
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12 | City, State, Zip Code | ||||||
13 | ............................. | ||||||
14 | Petitioner's Telephone Number | ||||||
15 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
16 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
17 | statements in this petition are true and correct, or on | ||||||
18 | information and belief I believe the same to be true. | ||||||
19 | ...................... | ||||||
20 | Petitioner (Signature)
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1 | The Petition for Expungement for subsection (2) shall be | ||||||
2 | substantially in the following form: | ||||||
3 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
4 | ........ JUDICIAL CIRCUIT | ||||||
5 | IN THE INTEREST OF ) NO.
| ||||||
6 | )
| ||||||
7 | )
| ||||||
8 | ...................)
| ||||||
9 | (Name of Petitioner) | ||||||
10 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
11 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
12 | (Please prepare a separate petition for each offense)
| ||||||
13 | Now comes ............, petitioner, and respectfully requests | ||||||
14 | that this Honorable Court enter an order expunging all Juvenile | ||||||
15 | Law Enforcement and Court records of petitioner and in support | ||||||
16 | thereof states that: | ||||||
17 | The incident for which the Petitioner seeks expungement | ||||||
18 | occurred before the Petitioner's 17th birthday and did not | ||||||
19 | result in proceedings in criminal court and the Petitioner has | ||||||
20 | not had any convictions for any crime since his/her 17th | ||||||
21 | birthday; and
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22 | The incident for which the Petitioner seeks expungement | ||||||
23 | occurred before the Petitioner's 17th birthday and the |
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1 | adjudication was not based upon first-degree murder or sex | ||||||
2 | offenses which would be felonies if committed by an adult, and | ||||||
3 | the Petitioner has not had any convictions for any crime since | ||||||
4 | his/her 17th birthday. | ||||||
5 | Petitioner was arrested on ...... by the ....... Police | ||||||
6 | Department for the offense of ........, and: | ||||||
7 | (Check whichever one occurred the latest:) | ||||||
8 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
9 | birthday being .......; or | ||||||
10 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
11 | proceedings relating to the Petitioner have been terminated; or | ||||||
12 | the Petitioner's commitment to the Department of Juvenile | ||||||
13 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
14 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
15 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
16 | on charges in this or any other county other than the charge | ||||||
17 | listed above. If petitioner has been arrested on additional | ||||||
18 | charges, please list the charges below: | ||||||
19 | Charge(s): .......... | ||||||
20 | Arresting Agency or Agencies: ....... | ||||||
21 | Disposition/Result: (choose from a or b, above): .......... | ||||||
22 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
23 | Court to (1) order all law enforcement agencies to expunge all | ||||||
24 | records of petitioner related to this incident, and (2) to | ||||||
25 | order the Clerk of the Court to expunge all records concerning | ||||||
26 | the petitioner regarding this incident. |
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1 | .......................
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2 | Petitioner (Signature) | ||||||
3 | ...................... | ||||||
4 | Petitioner's Street Address
| ||||||
5 | ..................... | ||||||
6 | City, State, Zip Code | ||||||
7 | ............................. | ||||||
8 | Petitioner's Telephone Number
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9 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
10 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
11 | statements in this petition are true and correct, or on | ||||||
12 | information and belief I believe the same to be true. | ||||||
13 | ...................... | ||||||
14 | Petitioner (Signature)
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15 | (3) The chief judge of the circuit in which an arrest was | ||||||
16 | made or a charge
was brought or any
judge of that circuit | ||||||
17 | designated by the chief judge
may, upon verified petition
of a | ||||||
18 | person who is the subject of an arrest or a juvenile court | ||||||
19 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
20 | the law enforcement
records or official court file, or both, to | ||||||
21 | be expunged from the official
records of the arresting | ||||||
22 | authority, the clerk of the circuit court and the
Department of |
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1 | State Police. The person whose records are to be expunged shall | ||||||
2 | petition the court using the appropriate form containing his or | ||||||
3 | her current address and shall promptly notify the clerk of the | ||||||
4 | circuit court of any change of address. Notice
of the petition | ||||||
5 | shall be served upon the State's Attorney or prosecutor charged | ||||||
6 | with the duty of prosecuting the offense, the Department of | ||||||
7 | State Police, and the arresting agency or agencies by the clerk | ||||||
8 | of the circuit court. If an objection is filed within 90 days | ||||||
9 | of the notice of the petition, the clerk of the circuit court | ||||||
10 | shall set a date for hearing after the 90 day objection period. | ||||||
11 | At the hearing the court shall hear evidence on whether the | ||||||
12 | expungement should or should not be granted. Unless the State's | ||||||
13 | Attorney or prosecutor, the Department of State Police, or an | ||||||
14 | arresting agency objects to the expungement within 90 days of | ||||||
15 | the notice, the court may enter an order granting expungement. | ||||||
16 | The person whose records are to be expunged shall pay the clerk | ||||||
17 | of the circuit court a fee equivalent to the cost associated | ||||||
18 | with expungement of records by the clerk and the Department of | ||||||
19 | State Police. The clerk shall forward a certified copy of the | ||||||
20 | order to the Department of State Police, the appropriate | ||||||
21 | portion of the fee to the Department of State Police for | ||||||
22 | processing, and deliver a certified copy of the order to the | ||||||
23 | arresting agency.
| ||||||
24 | (3.1) The Notice of Expungement shall be in substantially | ||||||
25 | the following form: | ||||||
26 | IN THE CIRCUIT COURT OF ....., ILLINOIS
|
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| |||||||
1 | .... JUDICIAL CIRCUIT
| ||||||
2 | IN THE INTEREST OF ) NO.
| ||||||
3 | )
| ||||||
4 | )
| ||||||
5 | ...................)
| ||||||
6 | (Name of Petitioner) | ||||||
7 | NOTICE
| ||||||
8 | TO: State's Attorney
| ||||||
9 | TO: Arresting Agency
| ||||||
10 |
| ||||||
11 | ................
| ||||||
12 | ................
| ||||||
13 |
| ||||||
14 | ................
| ||||||
15 | ................
| ||||||
16 | TO: Illinois State Police
| ||||||
17 |
| ||||||
18 | .....................
| ||||||
19 |
| ||||||
20 | .....................
| ||||||
21 | ATTENTION: Expungement
| ||||||
22 | You are hereby notified that on ....., at ....., in courtroom | ||||||
23 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
24 | judge sitting in his/her stead, I shall then and there present |
| |||||||
| |||||||
1 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
2 | matter, at which time and place you may appear. | ||||||
3 | ...................... | ||||||
4 | Petitioner's Signature | ||||||
5 | ...........................
| ||||||
6 | Petitioner's Street Address | ||||||
7 | .....................
| ||||||
8 | City, State, Zip Code | ||||||
9 | ............................. | ||||||
10 | Petitioner's Telephone Number | ||||||
11 | PROOF OF SERVICE
| ||||||
12 | On the ....... day of ......, 20..., I on oath state that I | ||||||
13 | served this notice and true and correct copies of the | ||||||
14 | above-checked documents by: | ||||||
15 | (Check One:) | ||||||
16 | delivering copies personally to each entity to whom they are | ||||||
17 | directed; | ||||||
18 | or | ||||||
19 | by mailing copies to each entity to whom they are directed by | ||||||
20 | depositing the same in the U.S. Mail, proper postage fully | ||||||
21 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
22 | Postal Depository located at ................. | ||||||
23 | .........................................
| ||||||
24 |
| ||||||
25 | Signature | ||||||
26 | Clerk of the Circuit Court or Deputy Clerk |
| |||||||
| |||||||
1 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
2 | Address: ........................................ | ||||||
3 | Telephone Number: ............................... | ||||||
4 | (3.2) The Order of Expungement shall be in substantially | ||||||
5 | the following form: | ||||||
6 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
7 | .... JUDICIAL CIRCUIT
| ||||||
8 | IN THE INTEREST OF ) NO.
| ||||||
9 | )
| ||||||
10 | )
| ||||||
11 | ...................)
| ||||||
12 | (Name of Petitioner)
| ||||||
13 | DOB ................ | ||||||
14 | Arresting Agency/Agencies ...... | ||||||
15 | ORDER OF EXPUNGEMENT
| ||||||
16 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
17 | This matter having been heard on the petitioner's motion and | ||||||
18 | the court being fully advised in the premises does find that | ||||||
19 | the petitioner is indigent or has presented reasonable cause to | ||||||
20 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
21 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
22 | are hereby waived in this matter. | ||||||
23 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
24 | and the following law enforcement agencies expunge all records |
| |||||||
| |||||||
1 | of petitioner relating to an arrest dated ...... for the | ||||||
2 | offense of ...... | ||||||
3 | Law Enforcement Agencies:
| ||||||
4 | .........................
| ||||||
5 | .........................
| ||||||
6 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
7 | Court expunge all records regarding the above-captioned case. | ||||||
8 | ENTER: ......................
| ||||||
9 |
| ||||||
10 | JUDGE | ||||||
11 | DATED: ....... | ||||||
12 | Name:
| ||||||
13 | Attorney for:
| ||||||
14 | Address:
City/State/Zip:
| ||||||
15 | Attorney Number: | ||||||
16 | (3.3) The Notice of Objection shall be in substantially the | ||||||
17 | following form: | ||||||
18 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
19 | ....................... JUDICIAL CIRCUIT
| ||||||
20 | IN THE INTEREST OF ) NO.
| ||||||
21 | )
| ||||||
22 | )
| ||||||
23 | ...................)
| ||||||
24 | (Name of Petitioner) |
| |||||||
| |||||||
1 | NOTICE OF OBJECTION
| ||||||
2 | TO:(Attorney, Public Defender, Minor)
| ||||||
3 | .................................
| ||||||
4 | .................................
| ||||||
5 | TO:(Illinois State Police)
| ||||||
6 | .................................
| ||||||
7 | ................................. | ||||||
8 | TO:(Clerk of the Court)
| ||||||
9 | .................................
| ||||||
10 | .................................
| ||||||
11 | TO:(Judge)
| ||||||
12 | .................................
| ||||||
13 | .................................
| ||||||
14 | TO:(Arresting Agency/Agencies)
| ||||||
15 | .................................
| ||||||
16 | ................................. | ||||||
17 | ATTENTION:
You are hereby notified that an objection has been | ||||||
18 | filed by the following entity regarding the above-named minor's | ||||||
19 | petition for expungement of juvenile records: | ||||||
20 | ( ) State's Attorney's Office;
| ||||||
21 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
22 | with the duty of prosecuting the offense sought to be expunged;
| ||||||
23 | ( ) Department of Illinois State Police; or
| ||||||
24 | ( ) Arresting Agency or Agencies.
| ||||||
25 | The agency checked above respectfully requests that this case | ||||||
26 | be continued and set for hearing on whether the expungement |
| |||||||
| |||||||
1 | should or should not be granted.
| ||||||
2 | DATED: ....... | ||||||
3 | Name: | ||||||
4 | Attorney For:
| ||||||
5 | Address: | ||||||
6 | City/State/Zip:
| ||||||
7 | Telephone:
| ||||||
8 | Attorney No.:
| ||||||
9 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||||||
10 | This matter has been set for hearing on the foregoing | ||||||
11 | objection, on ...... in room ...., located at ....., before the | ||||||
12 | Honorable ....., Judge, or any judge sitting in his/her stead.
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13 | (Only one hearing shall be set, regardless of the number of | ||||||
14 | Notices of Objection received on the same case).
| ||||||
15 | A copy of this completed Notice of Objection containing the | ||||||
16 | court date, time, and location, has been sent via regular U.S. | ||||||
17 | Mail to the following entities. (If more than one Notice of | ||||||
18 | Objection is received on the same case, each one must be | ||||||
19 | completed with the court date, time and location and mailed to | ||||||
20 | the following entities):
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21 | ( ) Attorney, Public Defender or Minor;
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22 | ( ) State's Attorney's Office; | ||||||
23 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
24 | with the duty of prosecuting the offense sought to be expunged; | ||||||
25 | ( ) Department of Illinois State Police; and | ||||||
26 | ( ) 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.
| ||||||
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; |
| |||||||
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1 | (ii) The circumstances under which juvenile | ||||||
2 | expungement may occur; | ||||||
3 | (iii) The juvenile offenses that may be expunged; | ||||||
4 | (iv) The steps necessary to initiate and complete the | ||||||
5 | juvenile expungement process;
and | ||||||
6 | (v) Directions on how to contact the State Appellate | ||||||
7 | Defender. | ||||||
8 | (c) The State Appellate Defender shall establish and | ||||||
9 | maintain a statewide
toll-free telephone
number that a person | ||||||
10 | may use to receive information or assistance concerning
the | ||||||
11 | expungement of juvenile records. The State Appellate
Defender | ||||||
12 | shall advertise
the toll-free telephone number statewide. The | ||||||
13 | State Appellate Defender shall
develop an expungement
| ||||||
14 | information packet that may be sent to eligible persons seeking | ||||||
15 | expungement of
their juvenile records,
which may include, but | ||||||
16 | is not limited to, a pre-printed expungement petition
with | ||||||
17 | instructions on how
to complete the petition and a pamphlet | ||||||
18 | containing information that would
assist individuals through
| ||||||
19 | the juvenile expungement process. | ||||||
20 | (d) The State Appellate Defender shall compile a statewide | ||||||
21 | list of volunteer
attorneys willing
to assist eligible | ||||||
22 | individuals through the juvenile expungement process. | ||||||
23 | (e) This Section shall be implemented from funds | ||||||
24 | appropriated by the General
Assembly to the State
Appellate | ||||||
25 | Defender
for this purpose. The State Appellate Defender shall | ||||||
26 | employ the necessary staff
and adopt the
necessary rules for |
| |||||||
| |||||||
1 | implementation of this Section. | ||||||
2 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
3 | Department of Corrections, State's Attorneys, or other | ||||||
4 | prosecutors, an expunged juvenile record may not be considered | ||||||
5 | by any private or public entity in employment matters, | ||||||
6 | certification, licensing, revocation of certification or | ||||||
7 | licensure, or registration. Applications for employment must | ||||||
8 | contain specific language that states that the applicant is not | ||||||
9 | obligated to disclose expunged juvenile records of conviction | ||||||
10 | or arrest. Employers may not ask if an applicant has had a | ||||||
11 | juvenile record expunged. Effective January 1, 2005, the | ||||||
12 | Department of Labor shall develop a link on the Department's | ||||||
13 | website to inform employers that employers may not ask if an | ||||||
14 | applicant had a juvenile record expunged and that application | ||||||
15 | for employment must contain specific language that states that | ||||||
16 | the applicant is not obligated to disclose expunged juvenile | ||||||
17 | records of arrest or conviction. | ||||||
18 | (b) A person whose juvenile records have been expunged is | ||||||
19 | not entitled to remission of any fines, costs, or other money | ||||||
20 | paid as a consequence of expungement. This amendatory Act of | ||||||
21 | the 93rd General Assembly does not affect the right of the | ||||||
22 | victim of a crime to prosecute or defend a civil action for | ||||||
23 | damages.
| ||||||
24 | (Source: P.A. 93-912, eff. 8-12-04; 94-696, eff. 6-1-06 .)
|