HB4847eng 96TH GENERAL ASSEMBLY

HB4847 Engrossed LRB096 16459 RLC 31729 b

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by changing Section 5-622 as follows:

(705 ILCS 405/5-622)

Sec. 5-622. Expungement review. Any minor charged with a misdemeanor offense as a first offense, regardless of the disposition of the charge, is eligible for expungement review by the court upon his or her 18th birthday or upon completion of the minor's sentence or disposition of the charge against the minor, whichever is later. Upon motion by counsel filed within 30 days after entry of the judgment of the court, the court shall set a time for an expungement review hearing within a month of the minor's 18th birthday or within a month of completion of the minor's sentence or disposition of the charge against the minor, whichever is later. No hearing shall be held if the minor fails to appear, and no penalty shall attach to the minor. However, if If the minor appears in person, or by counsel upon a showing that the minor respondent is unavailable due to active military duty or currently out of state attending school, the court shall hold a hearing to determine whether to expunge the law enforcement and court records of the minor. Evidence of the minor's unavailability at the hearing includes, but is not limited to, a certified certificate of military enlistment, a certified statement of service, or an official school transcript. Objections to expungement shall be limited to the following:

(a) that the offense for which the minor was arrested is still under active investigation;

(b) that the minor is a potential witness in an upcoming court proceeding and that such arrest record is relevant to that proceeding;

(c) that the arrest at issue was for one of the following offenses:

(i) any homicide;

(ii) an offense involving a deadly weapon;

(iii) a sex offense as defined in the Sex Offender Registration Act;

(iv) aggravated domestic battery.

In the absence of an objection, or if the objecting party fails to prove one of the above-listed objections, the court shall enter an order granting expungement. The clerk shall forward a certified copy of the order to the Department of State Police and the arresting agency. The Department and the arresting agency shall comply with such order to expunge within 60 days of receipt. An objection or a denial of an expungement order under this subsection does not operate to bar the filing of a Petition to Expunge by the minor under subsection (2) of Section 5-915 where applicable.

(Source: P.A. 96-707, eff. 1-1-10.)

Section 99. Effective date. This Act takes effect upon becoming law.