Sen. Kimberly A. Lightford
Filed: 6/6/2007
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1 | AMENDMENT TO SENATE BILL 997
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2 | AMENDMENT NO. ______. Amend Senate Bill 997 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 | (1) Whenever any person has attained the age of 17 or | ||||||
10 | whenever all juvenile
court proceedings relating to that person | ||||||
11 | have been terminated, whichever is
later, the person may | ||||||
12 | petition the court to expunge law enforcement records
relating | ||||||
13 | to incidents occurring before his or her 17th birthday or his | ||||||
14 | or her
juvenile court
records, or both, but only in the | ||||||
15 | following circumstances:
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16 | (a) the minor was arrested and no petition for |
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1 | delinquency was filed with
the clerk of the circuit court; | ||||||
2 | or
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3 | (b) the minor was charged with an offense and was found | ||||||
4 | not delinquent of
that offense; or
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5 | (c) the minor was placed under supervision pursuant to | ||||||
6 | Section 5-615, and
the order of
supervision has since been | ||||||
7 | successfully terminated; or
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8 | (d)
the minor was adjudicated for an offense which | ||||||
9 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
10 | petty or business offense if committed by an adult.
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11 | (2) Any person may petition the court to expunge all law | ||||||
12 | enforcement records
relating to any
incidents occurring before | ||||||
13 | his or her 17th birthday which did not result in
proceedings in | ||||||
14 | criminal court and all juvenile court records with respect to
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15 | any adjudications except those based upon first degree
murder | ||||||
16 | and
sex offenses which would be felonies if committed by an | ||||||
17 | adult, if the person
for whom expungement is sought has had no
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18 | convictions for any crime since his or her 17th birthday and:
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19 | (a) has attained the age of 21 years; or
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20 | (b) 5 years have elapsed since all juvenile court | ||||||
21 | proceedings relating to
him or her have been terminated or | ||||||
22 | his or her commitment to the Department of
Juvenile Justice
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23 | pursuant to this Act has been terminated;
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24 | whichever is later of (a) or (b). | ||||||
25 | (2.5) If a minor is arrested and no petition for | ||||||
26 | delinquency is filed with the clerk of the circuit court as |
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1 | provided in paragraph (a) of subsection (1) at the time the | ||||||
2 | minor is released from custody, the youth officer, if | ||||||
3 | applicable, or other designated person from the arresting | ||||||
4 | agency, shall notify verbally and in writing to the minor or | ||||||
5 | the minor's parents or guardians that if the State's Attorney | ||||||
6 | does not file a petition for delinquency, the minor has a right | ||||||
7 | to petition to have his or her arrest record expunged when the | ||||||
8 | minor attains the age of 17 or when all juvenile court | ||||||
9 | proceedings relating to that minor have been terminated and | ||||||
10 | that unless a petition to expunge is filed, the minor shall | ||||||
11 | have an arrest record and shall provide the minor and the | ||||||
12 | minor's parents or guardians with an expungement information | ||||||
13 | packet, including a petition to expunge juvenile records | ||||||
14 | obtained from the clerk of the circuit court. | ||||||
15 | (2.6) If a minor is charged with an offense and is found | ||||||
16 | not delinquent of that offense; or if a minor is placed under | ||||||
17 | supervision under Section 5-615, and the order of supervision | ||||||
18 | is successfully terminated; or if a minor is adjudicated for an | ||||||
19 | offense that would be a Class B misdemeanor, a Class C | ||||||
20 | misdemeanor, or a business or petty offense if committed by an | ||||||
21 | adult; or if a minor has incidents occurring before his or her | ||||||
22 | 17th birthday that have not resulted in proceedings in criminal | ||||||
23 | court, or resulted in proceedings in juvenile court, and the | ||||||
24 | adjudications were not based upon first degree murder or sex | ||||||
25 | offenses that would be felonies if committed by an adult; then | ||||||
26 | at the time of sentencing or dismissal of the case, the judge |
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1 | shall inform the delinquent minor of his or her right to | ||||||
2 | petition for expungement as provided by law, and the clerk of | ||||||
3 | the circuit court shall provide an expungement information | ||||||
4 | packet to the delinquent minor, written in plain language, | ||||||
5 | including a petition for expungement, a sample of a completed | ||||||
6 | petition, expungement instructions that shall include | ||||||
7 | information informing the minor that (i) once the case is | ||||||
8 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
9 | or she may apply to have petition fees waived, (iii) once he or | ||||||
10 | she obtains an expungement, he or she may not be required to | ||||||
11 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
12 | she may file the petition on his or her own or with the | ||||||
13 | assistance of an attorney. The failure of the judge to inform | ||||||
14 | the delinquent minor of his or her right to petition for | ||||||
15 | expungement as provided by law does not create a substantive | ||||||
16 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
17 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
18 | appeal. | ||||||
19 | (2.7) For counties with a population over 3,000,000, the | ||||||
20 | clerk of the circuit court shall send a "Notification of a | ||||||
21 | Possible Right to Expungement" post card to the minor at the | ||||||
22 | address last received by the clerk of the circuit court on the | ||||||
23 | date that the minor attains the age of 17 based on the | ||||||
24 | birthdate provided to the court by the minor or his or her | ||||||
25 | guardian in cases under paragraphs (b), (c), and (d) of | ||||||
26 | subsection (1); and when the minor attains the age of 21 based |
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1 | on the birthdate provided to the court by the minor or his or | ||||||
2 | her guardian in cases under subsection (2). | ||||||
3 | (2.8) The petition for expungement for subsection (1) shall | ||||||
4 | be substantially in the following form: | ||||||
5 | IN THE CIRCUIT COURT OF ......, ILLINOIS
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6 | ........ JUDICIAL CIRCUIT
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7 | IN THE INTEREST OF ) NO.
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8 | )
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9 | )
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10 | ...................)
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11 | (Name of Petitioner) | ||||||
12 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
13 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
14 | (Please prepare a separate petition for each offense) | ||||||
15 | Now comes ............., petitioner, and respectfully requests
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16 | that this Honorable Court enter an order expunging all juvenile | ||||||
17 | law enforcement and court records of petitioner and in support | ||||||
18 | thereof states that:
Petitioner has attained the age of 17, | ||||||
19 | his/her birth date being ......, or all
Juvenile Court | ||||||
20 | proceedings terminated as of ......, whichever occurred later.
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21 | Petitioner was arrested on ..... by the ....... Police | ||||||
22 | Department for the offense of ......., and:
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23 | (Check One:)
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24 | ( ) a. no petition was filed with the Clerk of the Circuit |
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1 | Court. | ||||||
2 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
3 | the offense. | ||||||
4 | ( ) c. a petition was filed and the petition was dismissed | ||||||
5 | without a finding of delinquency on ..... | ||||||
6 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
7 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
8 | supervision successfully terminated on ........ | ||||||
9 | ( ) e. was adjudicated for the offense, which would have been a | ||||||
10 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
11 | or business offense if committed by an adult.
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12 | Petitioner .... has .... has not been arrested on charges in | ||||||
13 | this or any county other than the charges listed above. If | ||||||
14 | petitioner has been arrested on additional charges, please list | ||||||
15 | the charges below:
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16 | Charge(s): ...... | ||||||
17 | Arresting Agency or Agencies: ........... | ||||||
18 | Disposition/Result: (choose from a. through e., above): .....
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19 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
20 | Court to (1) order all law enforcement agencies to expunge all | ||||||
21 | records of petitioner to this incident, and (2) to order the | ||||||
22 | Clerk of the Court to expunge all records concerning the | ||||||
23 | petitioner regarding this incident. | ||||||
24 | ......................
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25 | Petitioner (Signature)
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1 | ..........................
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2 | Petitioner's Street Address | ||||||
3 | .....................
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4 | City, State, Zip Code | ||||||
5 | ............................. | ||||||
6 | Petitioner's Telephone Number | ||||||
7 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
8 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
9 | statements in this petition are true and correct, or on | ||||||
10 | information and belief I believe the same to be true. | ||||||
11 | ...................... | ||||||
12 | Petitioner (Signature)
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13 | The Petition for Expungement for subsection (2) shall be | ||||||
14 | substantially in the following form: | ||||||
15 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
16 | ........ JUDICIAL CIRCUIT | ||||||
17 | IN THE INTEREST OF ) NO.
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18 | )
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19 | )
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1 | ...................)
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2 | (Name of Petitioner) | ||||||
3 | PETITION TO EXPUNGE JUVENILE RECORDS
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4 | (705 ILCS 405/5-915 (SUBSECTION 2))
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5 | (Please prepare a separate petition for each offense)
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6 | Now comes ............, petitioner, and respectfully requests | ||||||
7 | that this Honorable Court enter an order expunging all Juvenile | ||||||
8 | Law Enforcement and Court records of petitioner and in support | ||||||
9 | thereof states that: | ||||||
10 | The incident for which the Petitioner seeks expungement | ||||||
11 | occurred before the Petitioner's 17th birthday and did not | ||||||
12 | result in proceedings in criminal court and the Petitioner has | ||||||
13 | not had any convictions for any crime since his/her 17th | ||||||
14 | birthday; and
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15 | The incident for which the Petitioner seeks expungement | ||||||
16 | occurred before the Petitioner's 17th birthday and the | ||||||
17 | adjudication was not based upon first-degree murder or sex | ||||||
18 | offenses which would be felonies if committed by an adult, and | ||||||
19 | the Petitioner has not had any convictions for any crime since | ||||||
20 | his/her 17th birthday. | ||||||
21 | Petitioner was arrested on ...... by the ....... Police | ||||||
22 | Department for the offense of ........, and: | ||||||
23 | (Check whichever one occurred the latest:) | ||||||
24 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
25 | birthday being .......; or |
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1 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
2 | proceedings relating to the Petitioner have been terminated; or | ||||||
3 | the Petitioner's commitment to the Department of Juvenile | ||||||
4 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
5 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
6 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
7 | on charges in this or any other county other than the charge | ||||||
8 | listed above. If petitioner has been arrested on additional | ||||||
9 | charges, please list the charges below: | ||||||
10 | Charge(s): .......... | ||||||
11 | Arresting Agency or Agencies: ....... | ||||||
12 | Disposition/Result: (choose from a or b, above): .......... | ||||||
13 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
14 | Court to (1) order all law enforcement agencies to expunge all | ||||||
15 | records of petitioner related to this incident, and (2) to | ||||||
16 | order the Clerk of the Court to expunge all records concerning | ||||||
17 | the petitioner regarding this incident. | ||||||
18 | .......................
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19 | Petitioner (Signature) | ||||||
20 | ...................... | ||||||
21 | Petitioner's Street Address
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22 | ..................... | ||||||
23 | City, State, Zip Code |
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1 | ............................. | ||||||
2 | Petitioner's Telephone Number
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3 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
4 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
5 | statements in this petition are true and correct, or on | ||||||
6 | information and belief I believe the same to be true. | ||||||
7 | ...................... | ||||||
8 | Petitioner (Signature)
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9 | (3) The chief judge of the circuit in which an arrest was | ||||||
10 | made or a charge
was brought or any
judge of that circuit | ||||||
11 | designated by the chief judge
may, upon verified petition
of a | ||||||
12 | person who is the subject of an arrest or a juvenile court | ||||||
13 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
14 | the law enforcement
records or official court file, or both, to | ||||||
15 | be expunged from the official
records of the arresting | ||||||
16 | authority, the clerk of the circuit court and the
Department of | ||||||
17 | State Police. The person whose records are to be expunged shall | ||||||
18 | petition the court using the appropriate form containing his or | ||||||
19 | her current address and shall promptly notify the clerk of the | ||||||
20 | circuit court of any change of address. Notice
of the petition | ||||||
21 | shall be served upon the State's Attorney or prosecutor charged | ||||||
22 | with the duty of prosecuting the offense, the Department of | ||||||
23 | State Police, and the arresting agency or agencies by the clerk | ||||||
24 | of the circuit court. If an objection is filed within 45
90
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25 | days of the notice of the petition, the clerk of the circuit |
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1 | court shall set a date for hearing after the 45
90 day | ||||||
2 | objection period. At the hearing the court shall hear evidence | ||||||
3 | on whether the expungement should or should not be granted. | ||||||
4 | Unless the State's Attorney or prosecutor, the Department of | ||||||
5 | State Police, or an arresting agency objects to the expungement | ||||||
6 | within 45
90 days of the notice, the court may enter an order | ||||||
7 | granting expungement. The person whose records are to be | ||||||
8 | expunged shall pay the clerk of the circuit court a fee | ||||||
9 | equivalent to the cost associated with expungement of records | ||||||
10 | by the clerk and the Department of State Police. The clerk | ||||||
11 | shall forward a certified copy of the order to the Department | ||||||
12 | of State Police, the appropriate portion of the fee to the | ||||||
13 | Department of State Police for processing, and deliver a | ||||||
14 | certified copy of the order to the arresting agency.
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15 | (3.1) The Notice of Expungement shall be in substantially | ||||||
16 | the following form: | ||||||
17 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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18 | .... JUDICIAL CIRCUIT
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19 | IN THE INTEREST OF ) NO.
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20 | )
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21 | )
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22 | ...................)
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23 | (Name of Petitioner) | ||||||
24 | NOTICE
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1 | TO: State's Attorney
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2 | TO: Arresting Agency
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3 |
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4 | ................
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5 | ................
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6 |
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7 | ................
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8 | ................
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9 | TO: Illinois State Police
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10 |
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11 | .....................
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12 |
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13 | .....................
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14 | ATTENTION: Expungement
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15 | You are hereby notified that on ....., at ....., in courtroom | ||||||
16 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
17 | judge sitting in his/her stead, I shall then and there present | ||||||
18 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
19 | matter, at which time and place you may appear. | ||||||
20 | ...................... | ||||||
21 | Petitioner's Signature | ||||||
22 | ...........................
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23 | Petitioner's Street Address | ||||||
24 | .....................
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25 | City, State, Zip Code | ||||||
26 | ............................. |
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1 | Petitioner's Telephone Number | ||||||
2 | PROOF OF SERVICE
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3 | On the ....... day of ......, 20..., I on oath state that I | ||||||
4 | served this notice and true and correct copies of the | ||||||
5 | above-checked documents by: | ||||||
6 | (Check One:) | ||||||
7 | delivering copies personally to each entity to whom they are | ||||||
8 | directed; | ||||||
9 | or | ||||||
10 | by mailing copies to each entity to whom they are directed by | ||||||
11 | depositing the same in the U.S. Mail, proper postage fully | ||||||
12 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
13 | Postal Depository located at ................. | ||||||
14 | .........................................
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15 |
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16 | Signature | ||||||
17 | Clerk of the Circuit Court or Deputy Clerk | ||||||
18 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
19 | Address: ........................................ | ||||||
20 | Telephone Number: ............................... | ||||||
21 | (3.2) The Order of Expungement shall be in substantially | ||||||
22 | the following form: | ||||||
23 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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24 | .... JUDICIAL CIRCUIT
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25 | IN THE INTEREST OF ) NO.
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1 | )
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2 | )
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3 | ...................)
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4 | (Name of Petitioner)
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5 | DOB ................ | ||||||
6 | Arresting Agency/Agencies ...... | ||||||
7 | ORDER OF EXPUNGEMENT
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8 | (705 ILCS 405/5-915 (SUBSECTION 3))
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9 | This matter having been heard on the petitioner's motion and | ||||||
10 | the court being fully advised in the premises does find that | ||||||
11 | the petitioner is indigent or has presented reasonable cause to | ||||||
12 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
13 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
14 | are hereby waived in this matter. | ||||||
15 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
16 | and the following law enforcement agencies expunge all records | ||||||
17 | of petitioner relating to an arrest dated ...... for the | ||||||
18 | offense of ...... | ||||||
19 | Law Enforcement Agencies:
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20 | .........................
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21 | .........................
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22 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
23 | Court expunge all records regarding the above-captioned case. | ||||||
24 | ENTER: ......................
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25 |
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1 | JUDGE | ||||||
2 | DATED: ....... | ||||||
3 | Name:
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4 | Attorney for:
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5 | Address:
City/State/Zip:
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6 | Attorney Number: | ||||||
7 | (3.3) The Notice of Objection shall be in substantially the | ||||||
8 | following form: | ||||||
9 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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10 | ....................... JUDICIAL CIRCUIT
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11 | IN THE INTEREST OF ) NO.
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12 | )
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13 | )
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14 | ...................)
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15 | (Name of Petitioner) | ||||||
16 | NOTICE OF OBJECTION
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17 | TO:(Attorney, Public Defender, Minor)
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18 | .................................
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19 | .................................
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20 | TO:(Illinois State Police)
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21 | .................................
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22 | ................................. | ||||||
23 | TO:(Clerk of the Court)
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24 | .................................
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1 | .................................
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2 | TO:(Judge)
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3 | .................................
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4 | .................................
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5 | TO:(Arresting Agency/Agencies)
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6 | .................................
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7 | ................................. | ||||||
8 | ATTENTION:
You are hereby notified that an objection has been | ||||||
9 | filed by the following entity regarding the above-named minor's | ||||||
10 | petition for expungement of juvenile records: | ||||||
11 | ( ) State's Attorney's Office;
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12 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
13 | with the duty of prosecuting the offense sought to be expunged;
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14 | ( ) Department of Illinois State Police; or
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15 | ( ) Arresting Agency or Agencies.
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16 | The agency checked above respectfully requests that this case | ||||||
17 | be continued and set for hearing on whether the expungement | ||||||
18 | should or should not be granted.
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19 | DATED: ....... | ||||||
20 | Name: | ||||||
21 | Attorney For:
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22 | Address: | ||||||
23 | City/State/Zip:
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24 | Telephone:
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25 | Attorney No.:
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26 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
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1 | This matter has been set for hearing on the foregoing | ||||||
2 | objection, on ...... in room ...., located at ....., before the | ||||||
3 | Honorable ....., Judge, or any judge sitting in his/her stead.
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4 | (Only one hearing shall be set, regardless of the number of | ||||||
5 | Notices of Objection received on the same case).
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6 | A copy of this completed Notice of Objection containing the | ||||||
7 | court date, time, and location, has been sent via regular U.S. | ||||||
8 | Mail to the following entities. (If more than one Notice of | ||||||
9 | Objection is received on the same case, each one must be | ||||||
10 | completed with the court date, time and location and mailed to | ||||||
11 | the following entities):
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12 | ( ) Attorney, Public Defender or Minor;
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13 | ( ) State's Attorney's Office; | ||||||
14 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
15 | with the duty of prosecuting the offense sought to be expunged; | ||||||
16 | ( ) Department of Illinois State Police; and | ||||||
17 | ( ) Arresting agency or agencies.
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18 | Date: ...... | ||||||
19 | Initials of Clerk completing this section: .....
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20 | (4) Upon entry of an order expunging records or files, the | ||||||
21 | offense, which
the records or files concern shall be treated as | ||||||
22 | if it never occurred. Law
enforcement officers and other public | ||||||
23 | offices and agencies shall properly reply
on inquiry that no | ||||||
24 | record or file exists with respect to the
person.
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25 | (5) Records which have not been expunged are sealed, and | ||||||
26 | may be obtained
only under the provisions of Sections 5-901, |
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1 | 5-905 and 5-915.
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2 | (6) Nothing in this Section shall be construed to prohibit | ||||||
3 | the maintenance
of information relating to an offense after | ||||||
4 | records or files concerning the
offense have been expunged if | ||||||
5 | the information is kept in a manner that does not
enable | ||||||
6 | identification of the offender. This information may only be | ||||||
7 | used for
statistical and bona fide research purposes. | ||||||
8 | (7)(a) The State Appellate Defender shall establish, | ||||||
9 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
10 | expungement program
to provide information and assistance to | ||||||
11 | minors eligible to have their juvenile records expunged.
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12 | (b) The State Appellate Defender shall develop brochures, | ||||||
13 | pamphlets, and
other
materials in
printed form and through the | ||||||
14 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
15 | shall
include at a minimum the following information:
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16 | (i) An explanation of the State's juvenile expungement | ||||||
17 | process; | ||||||
18 | (ii) The circumstances under which juvenile | ||||||
19 | expungement may occur; | ||||||
20 | (iii) The juvenile offenses that may be expunged; | ||||||
21 | (iv) The steps necessary to initiate and complete the | ||||||
22 | juvenile expungement process;
and | ||||||
23 | (v) Directions on how to contact the State Appellate | ||||||
24 | Defender. | ||||||
25 | (c) The State Appellate Defender shall establish and | ||||||
26 | maintain a statewide
toll-free telephone
number that a person |
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1 | may use to receive information or assistance concerning
the | ||||||
2 | expungement of juvenile records. The State Appellate
Defender | ||||||
3 | shall advertise
the toll-free telephone number statewide. The | ||||||
4 | State Appellate Defender shall
develop an expungement
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5 | information packet that may be sent to eligible persons seeking | ||||||
6 | expungement of
their juvenile records,
which may include, but | ||||||
7 | is not limited to, a pre-printed expungement petition
with | ||||||
8 | instructions on how
to complete the petition and a pamphlet | ||||||
9 | containing information that would
assist individuals through
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10 | the juvenile expungement process. | ||||||
11 | (d) The State Appellate Defender shall compile a statewide | ||||||
12 | list of volunteer
attorneys willing
to assist eligible | ||||||
13 | individuals through the juvenile expungement process. | ||||||
14 | (e) This Section shall be implemented from funds | ||||||
15 | appropriated by the General
Assembly to the State
Appellate | ||||||
16 | Defender
for this purpose. The State Appellate Defender shall | ||||||
17 | employ the necessary staff
and adopt the
necessary rules for | ||||||
18 | implementation of this Section. | ||||||
19 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
20 | Department of Corrections, State's Attorneys, or other | ||||||
21 | prosecutors, an expunged juvenile record may not be considered | ||||||
22 | by any private or public entity in employment matters, | ||||||
23 | certification, licensing, revocation of certification or | ||||||
24 | licensure, or registration. Applications for employment must | ||||||
25 | contain specific language that states that the applicant is not | ||||||
26 | obligated to disclose expunged juvenile records of conviction |
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1 | or arrest. Employers may not ask if an applicant has had a | ||||||
2 | juvenile record expunged. Effective January 1, 2005, the | ||||||
3 | Department of Labor shall develop a link on the Department's | ||||||
4 | website to inform employers that employers may not ask if an | ||||||
5 | applicant had a juvenile record expunged and that application | ||||||
6 | for employment must contain specific language that states that | ||||||
7 | the applicant is not obligated to disclose expunged juvenile | ||||||
8 | records of arrest or conviction. | ||||||
9 | (b) A person whose juvenile records have been expunged is | ||||||
10 | not entitled to remission of any fines, costs, or other money | ||||||
11 | paid as a consequence of expungement. This amendatory Act of | ||||||
12 | the 93rd General Assembly does not affect the right of the | ||||||
13 | victim of a crime to prosecute or defend a civil action for | ||||||
14 | damages.
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15 | (Source: P.A. 93-912, eff. 8-12-04; 94-696, eff. 6-1-06 .)".
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