Full Text of HB4566 93rd General Assembly
HB4566ham001 93RD GENERAL ASSEMBLY
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Juvenile Justice Reform Committee
Adopted in House Comm. on Mar 04, 2004
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09300HB4566ham001 |
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LRB093 19428 RLC 48163 a |
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| AMENDMENT TO HOUSE BILL 4566
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| AMENDMENT NO. ______. Amend House Bill 4566 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-915 as follows:
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| (705 ILCS 405/5-915)
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| Sec. 5-915. Expungement of juvenile law enforcement and | 8 |
| juvenile court records.
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| (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:
| 16 |
| (a) the minor was arrested and no petition for | 17 |
| delinquency was filed with
the clerk of the circuit court; | 18 |
| or
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| (b) the minor was charged with an offense and was found | 20 |
| not delinquent of
that offense; or
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| (c) the minor was placed under supervision pursuant to | 22 |
| Section 5-615, and
the order of
supervision has since been | 23 |
| successfully terminated; or |
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LRB093 19428 RLC 48163 a |
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| (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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| (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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| 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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| convictions for any crime since his or her 17th birthday and:
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| (a) has attained the age of 21 years; or
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| (b) 5 years have elapsed since all juvenile court | 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;
| 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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LRB093 19428 RLC 48163 a |
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| (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 would have not resulted in proceedings in | 9 |
| criminal court or resulted in proceedings in juvenile court, | 10 |
| and the adjudications were not based upon first degree murder | 11 |
| or sex offenses that would be felonies if committed by an | 12 |
| adult; then at the time of sentencing or dismissal of the case, | 13 |
| the judge shall inform the delinquent minor of his or her right | 14 |
| to expungement as provided by law, and the clerk of the circuit | 15 |
| court shall provide an expungement information packet to the | 16 |
| delinquent minor, written in plain language, including a | 17 |
| petition for expungement, a sample of a completed petition, | 18 |
| expungement instructions that shall include information | 19 |
| informing the minor that (i) once the case is expunged, it | 20 |
| shall be treated as if it never occurred, (ii) he or she may | 21 |
| apply to have petition fees waived, (iii) once he or she | 22 |
| 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), (c-5), 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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LRB093 19428 RLC 48163 a |
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| 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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| ........JUDICIAL CIRCUIT
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| IN THE INTEREST OF) NO. | 7 |
| .................... | 8 |
| (Name of Petitioner) | 9 |
| PETITION TO EXPUNGE JUVENILE RECORDS | 10 |
| (705 ILCS 405/5-915 (SUBSECTION 1)) | 11 |
| (Please prepare a separate petition for each offense) | 12 |
| Now comes............., petitioner, and respectfully requests
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| that this Honorable Court enter an order expunging all juvenile | 14 |
| law enforcement and court records of petitioner and in support | 15 |
| thereof states that:
Petitioner has attained the age of 17, | 16 |
| his/her birth date being, ......, or all
Juvenile Court | 17 |
| proceedings terminated as of......, whichever occurred later.
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| Petitioner was arrested on..... by the.......Police Department | 19 |
| for the offense of ......., and:
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| (Check One:)
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| ( ) a. no petition was filed with the Clerk of the Circuit | 22 |
| Court. | 23 |
| ( ) b. was charged with......and was found not delinquent
of | 24 |
| the offense. | 25 |
| ( ) c. a petition was filed and the petition was dismissed | 26 |
| without a finding of delinquency on_.....on...... | 27 |
| ( ) d. on.......placed under supervision pursuant to Section | 28 |
| 5-615 of the Juvenile Court Act of 1987 and such order of | 29 |
| supervision successfully terminated on........ | 30 |
| ( ) e. was adjudicated for the offense, which would have been a | 31 |
| Class B misdemeanor, a Class C misdemeanor, or a lesser petty | 32 |
| offense or business offense if committed by an adult.
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| Petitioner ....has .... has not been arrested on charges in |
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| this or any county other than the charges listed above. If | 2 |
| petitioner has been arrested on additional charges, please list | 3 |
| the charges below:
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| Charge(s):...... | 5 |
| Arresting Agency or Agencies:........... | 6 |
| Disposition/Result: (choose from a. through e., above):.....
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| WHEREFORE, the petitioner respectfully requests this Honorable | 8 |
| Court to (1) order all law enforcement agencies to expunge all | 9 |
| records of petitioner to this incident, and (2) to order the | 10 |
| Clerk of the Court to expunge all records concerning the | 11 |
| petitioner regarding this incident. | 12 |
| ......................
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| Petitioner (Signature)
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| ..........................
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| Petitioner's Street Address
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| .....................
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| City, State, Zip code
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| .............................
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| Petitioner's Telephone Number
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| Pursuant to the penalties of perjury under the Code of Civil | 21 |
| Procedure, 735, ILCS 5/1-109, I hereby certify that the | 22 |
| statements in this petition are true and correct, or on | 23 |
| information and belief I believe the same to be true. | 24 |
| .................Petitioner (Signature) | 25 |
| The Petition for Expungement for subsection (2) shall be | 26 |
| substantially in the following form: | 27 |
| IN THE CIRCUIT COURT OF ........, ILLINOIS |
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LRB093 19428 RLC 48163 a |
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| ........JUDICIAL CIRCUIT | 2 |
| IN THE INTEREST OF ) NO. | 3 |
| ...................
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| (Name of Petitioner)
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| PETITION TO EXPUNGE JUVENILE RECORDS
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| (705 ILCS 405/5-915(SUBSECTION 2))
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| (Please prepare a separate petition for each offense)
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| Now comes ............, petitioner, and respectfully requests | 9 |
| that this Honorable Court enter an order expunging all Juvenile | 10 |
| Law Enforcement and Court records of petitioner and in support | 11 |
| thereof states that: | 12 |
| The incident for which the Petitioner seeks expungement | 13 |
| occurred before the Petitioner's 17th birthday and did not | 14 |
| result in proceedings in criminal court and the Petitioner has | 15 |
| not had any convictions for any crime since his/her 17th | 16 |
| birthday; and
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| The incident for which the Petitioner seeks expungement | 18 |
| occurred before the Petitioner's 17th birthday and the | 19 |
| adjudication was not based upon first-degree murder or sex | 20 |
| offenses which would be felonies if committed by an adult, and | 21 |
| the Petitioner has not had any convictions for any crime since | 22 |
| his/her 17th birthday. | 23 |
| Petitioner was arrested on ...... by the .......Police | 24 |
| Department for the offense of ........, and: | 25 |
| (Check whichever one occurred the latest:) | 26 |
| ( ) a. The Petitioner has attained the age of 21 years, his/her | 27 |
| birthday being .......; or | 28 |
| ( ) b. 5 years have elapsed since all juvenile court | 29 |
| proceedings relating to the Petitioner have been terminated; or | 30 |
| the Petitioner's commitment to the Department of Corrections, | 31 |
| Juvenile Division, pursuant to the expungement of juvenile law | 32 |
| enforcement and court records provisions of the Juvenile Court | 33 |
| Act of 1987 has been terminated.
Petitioner ... has ... has not | 34 |
| been arrested on charges in this or any other county other than |
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LRB093 19428 RLC 48163 a |
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| the charge listed above. If petitioner has been arrested on | 2 |
| additional charges, please list the charges below: | 3 |
| Charge(s): .......... | 4 |
| Arresting Agency or Agencies:....... | 5 |
| Disposition/Result: (choose from a or b, above):.......... | 6 |
| WHEREFORE, the petitioner respectfully requests this Honorable | 7 |
| Court to (1) order all law enforcement agencies to expunge all | 8 |
| records of petitioner to this incident, and (2) to order the | 9 |
| Clerk of the Court to expunge all records concerning the | 10 |
| petitioner regarding this incident. | 11 |
| .......................
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| Petitioner (Signature)
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| ......................
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| Petitioner's Street Address
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| .....................
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| City, State, Zip code
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| .............................
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| Petitioner's Telephone Number
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| Pursuant to the penalties of perjury under the Code of Civil | 20 |
| Procedure, 735, ILCS 5/1-109, I hereby certify that the | 21 |
| statements in this petition are true and correct, or on | 22 |
| information and belief I believe the same to be true.
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| ......................
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| Petitioner (Signature)
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| (3) The chief judge of the circuit in which an arrest was | 26 |
| made or a charge
was brought or any
judge of that circuit | 27 |
| designated by the chief judge
may, upon verified petition
of a | 28 |
| person who is the subject of an arrest or a juvenile court | 29 |
| proceeding
under subsection (1) or (2) of this Section, order | 30 |
| the law enforcement
records or official court file, or both, to |
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LRB093 19428 RLC 48163 a |
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| be expunged from the official
records of the arresting | 2 |
| authority, the clerk of the circuit court and the
Department of | 3 |
| State Police. The person whose records are to be expunged shall | 4 |
| petition the court using the appropriate form containing his or | 5 |
| her current address and shall promptly notify the clerk of the | 6 |
| circuit court of any change of address. Notice
that the | 7 |
| person's records are to be expunged
of the petition shall be | 8 |
| served upon the State's Attorney or prosecutor charged with the | 9 |
| duty of prosecuting the offense, the Department of State | 10 |
| Police, and the arresting agency or agencies by the clerk of | 11 |
| the circuit court. If an objection is filed within 90 days of | 12 |
| the notice of the proposed expungement, the clerk of the | 13 |
| circuit court shall set a date for hearing after the 90 day | 14 |
| objection period. At the hearing the court shall hear evidence | 15 |
| on whether the expungement should or should not be granted. | 16 |
| Unless the State's Attorney or prosecutor, the Department of | 17 |
| State Police, or an arresting agency objects to the expungement | 18 |
| within 90 days of the notice, the court shall automatically | 19 |
| enter an order granting expungement. The person whose records | 20 |
| are to be expunged shall pay the clerk of the circuit court a | 21 |
| fee equivalent to the cost associated with expungement of | 22 |
| records by the clerk and the Department of State Police. The | 23 |
| clerk shall forward the Department of State Police portion of | 24 |
| the fee to the Department of State Police and it shall be | 25 |
| deposited into the State Police Services Fund. The clerk shall | 26 |
| deliver a certified copy of the order to the arresting agency, | 27 |
| and when appropriate, the Department of State Police Bureau of | 28 |
| Identification
and upon the
arresting authority which is the | 29 |
| subject of the petition for expungement . | 30 |
| (3.1) The Notice of Expungement shall be in substantially | 31 |
| the following form: | 32 |
| IN THE CIRCUIT COURT OF....., ILLINOIS
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| ....JUDICIAL CIRCUIT
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| IN THE INTEREST OF) NO.
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LRB093 19428 RLC 48163 a |
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| ..........
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| (Name of Petitioner) | 3 |
| NOTICE
TO: State's Attorney | 4 |
| TO: Arresting Agency | 5 |
| TO:Illinois State Police_
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| ATTENTION: Expungement
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| You are hereby notified that on....., at....., in courtroom | 8 |
| ..., located at..., before the Honorable..., Judge, or any | 9 |
| judge sitting in his/her stead, I shall then and there present | 10 |
| a Petition to Expunge Juvenile records in the above-entitled | 11 |
| matter, at which time and place you may appear. | 12 |
| ...................... | 13 |
| Petitioner's Signature | 14 |
| ...........................
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| Petitioner's Street Address | 16 |
| .........
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| City, State, Zip code | 18 |
| ............................. | 19 |
| Petitioner's Telephone Number | 20 |
| PROOF OF SERVICE
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| On the.......day of......, 200..., I on oath state that I | 22 |
| served this notice and true and correct copies of the | 23 |
| above-checked documents by:
(Check One:)
delivering copies | 24 |
| personally to each entity to whom they are directed;
or
by | 25 |
| mailing copies to each entity to whom they are directed by | 26 |
| depositing the same in the U.S. Mail, proper postage fully | 27 |
| prepaid, before the hour of 5:00 p.m., at the United States | 28 |
| Postal Depository located at .................
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| Signature
Clerk of the Circuit Court or Deputy Clerk | 30 |
| Printed Name of Delinquent Minor/Petitioner:.... | 31 |
| Address:........... | 32 |
| Telephone Number:..... | 33 |
| (3.2) The Order of Expungement shall be in substantially | 34 |
| the following form: |
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LRB093 19428 RLC 48163 a |
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| IN THE CIRCUIT COURT OF....., ILLINOIS
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| JUDICIAL CIRCUIT
| 3 |
| IN THE INTEREST OF
| 4 |
| ..................
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| (Name of Petitioner)
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| DOB....... | 7 |
| Arresting Agency/Agencies...... | 8 |
| ORDER OF EXPUNGEMENT
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| (705 ILCS 405/5-915 (3))
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| This matter having been heard on the petitioner's motion and | 11 |
| the court being fully advised in the premises does find that | 12 |
| the petitioner in indigent or has presented reasonable cause to | 13 |
| waive all costs in this matter, IT IS HEREBY ORDERED that: | 14 |
| ( ) 1. Clerk of Court and Department of State Police costs | 15 |
| are hereby waived in this matter. | 16 |
| ( ) 2. The Illinois State Police Bureau of Identification | 17 |
| and the following law enforcement agencies expunge all records | 18 |
| of petitioner relating to an arrest dated......for the offense | 19 |
| of...... | 20 |
| Law Enforcement Agencies:
| 21 |
| .........................
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| .........................
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| ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | 24 |
| Court expunge all records regarding the above-captioned case. | 25 |
| ENTER:.....
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| JUDGE
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| DATED:....... | 28 |
| Name:
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| Attorney for:
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| Address:
City/State/Zip:
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| Attorney Number:
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| (3.3) The Notice of Objection shall be in substantially the | 33 |
| following form: | 34 |
| IN THE CIRCUIT COURT OF....., ILLINOIS
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| .......................JUDICIAL CIRCUIT
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| IN THE INTEREST OF) NO.
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| (Name of Petitioner)) | 4 |
| NOTICE OF OBJECTION
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| TO:(Attorney, Public Defender, Minor) | 6 |
| TO:(Judge)
TO:(Illinois State Police) | 7 |
| TO:(Arresting Agency/Agencies) | 8 |
| TO:(Clerk of the Court) | 9 |
| ATTENTION:
You are hereby notified that an objection has been | 10 |
| filed by the following entity regarding the above-named minor's | 11 |
| petition for expungement of juvenile records: | 12 |
| ( ) State's Attorney' Office
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| ( ) Prosecutor (other than State's Attorney's Office) charged | 14 |
| with the duty of prosecuting the offense sought to be expunged
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| ( ) Department of Illinois State Police
| 16 |
| ( ) Arresting Agency or Agencies
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| The agency checked above respectfully requests that this case | 18 |
| be continued and set for hearing on whether the expungement | 19 |
| should or should not be granted.
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| DATED:....... | 21 |
| Name: | 22 |
| Attorney For:
| 23 |
| Address: | 24 |
| City/State/Zip:
| 25 |
| Telephone:
| 26 |
| Attorney No.:
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| FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
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| This matter has been set for hearing on the foregoing | 29 |
| objection, on ......in room...., located at....., before the | 30 |
| Honorable ....., Judge, or any judge sitting in his/her stead.
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| (Only one hearing shall be set, regardless of the number of | 32 |
| Notices of Objection received on the same case).
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| A copy of this completed Notice of Objection containing the | 34 |
| court date, time, and location, has been sent via regular U.S. |
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| Mail to the following entities. (If more than one Notice of | 2 |
| Objection is received on the same case, each one must be | 3 |
| completed with the court date, time and location and mailed to | 4 |
| the following entities):
| 5 |
| ( ) Attorney, Public Defender or Minor;
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| ( ) State's Attorney's Office; | 7 |
| ( ) Prosecutor (other than State's Attorney's Office) charged | 8 |
| with the duty of prosecuting the offense sought to be expunged; | 9 |
| ( ) Department of Illinois State Police; and | 10 |
| ( ) Arresting agency or agencies.
| 11 |
| Date:...... | 12 |
| Initials of Clerk completing this section:.....
| 13 |
| (4) Upon entry of an order expunging records or files, the | 14 |
| offense, which
the records or files concern shall be treated as | 15 |
| if it never occurred. Law
enforcement officers and other public | 16 |
| offices and agencies shall properly reply
on inquiry that no | 17 |
| record or file exists with respect to the
person.
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| (5) Records which have not been expunged are sealed, and | 19 |
| may be obtained
only under the provisions of Sections 5-901, | 20 |
| 5-905 and 5-915.
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| (6) Nothing in this Section shall be construed to prohibit | 22 |
| the maintenance
of information relating to an offense after | 23 |
| records or files concerning the
offense have been expunged if | 24 |
| the information is kept in a manner that does not
enable | 25 |
| identification of the offender. This information may only be | 26 |
| used for
statistical and bona fide research purposes. | 27 |
| (7)(a) The State Appellate Defender shall establish, | 28 |
| maintain, and carry out, by December 31, 2004, a juvenile | 29 |
| expungement program
to provide information and assistance to | 30 |
| minors eligible to have their juvenile records expunged.
| 31 |
| (b) The State Appellate Defender shall develop brochures, | 32 |
| pamphlets, and
other
materials in
printed form and through the | 33 |
| agency's World Wide Web site. The pamphlets and
other materials | 34 |
| shall
include at a minimum the following information:
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LRB093 19428 RLC 48163 a |
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| (i) An explanation of the State's juvenile expungement | 2 |
| process; | 3 |
| (ii) The circumstances under which juvenile | 4 |
| expungement may occur; | 5 |
| (iii) The juvenile offenses that may be expunged; | 6 |
| (iv) The steps necessary to initiate and complete the | 7 |
| juvenile expungement process;
and | 8 |
| (v) Directions on how to contact the State Appellate | 9 |
| Defender. | 10 |
| (c) The State Appellate Defender shall establish and | 11 |
| maintain a statewide
toll-free telephone
number that a person | 12 |
| may use to receive information or assistance concerning
the | 13 |
| expungement of juvenile records. The State Appellate
Defender | 14 |
| shall advertise
the toll-free telephone number statewide. The | 15 |
| State Appellate Defender shall
develop an expungement
| 16 |
| information packet that may be sent to eligible persons seeking | 17 |
| expungement of
their juvenile records,
which may include, but | 18 |
| is not limited to, a pre-printed expungement petition
with | 19 |
| instructions on how
to complete the petition and a pamphlet | 20 |
| containing information that would
assist individuals through
| 21 |
| the juvenile expungement process. | 22 |
| (d) The State Appellate Defender shall compile a statewide | 23 |
| list of volunteer
attorneys willing
to assist eligible | 24 |
| individuals through the juvenile expungement process. | 25 |
| (e) This Section shall be implemented from funds | 26 |
| appropriated by the General
Assembly to the State
Appellate | 27 |
| Defender
for this purpose. The State Appellate Defender shall | 28 |
| employ the necessary staff
and adopt the
necessary rules for | 29 |
| implementation of this Section. | 30 |
| (8) (a) Except with respect to law enforcement agencies, | 31 |
| the Department of Corrections, State's Attorneys, or other | 32 |
| prosecutors, an expunged juvenile record may not be considered | 33 |
| by any private or public entity in employment matters, | 34 |
| certification, licensing, revocation of certification or |
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LRB093 19428 RLC 48163 a |
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| licensure, or registration. Applications for employment must | 2 |
| contain specific language that states that the applicant is not | 3 |
| obligated to disclose expunged juvenile records of conviction | 4 |
| or arrest. Employers may not ask if an applicant has had a | 5 |
| juvenile record expunged. Effective January 1, 2005, the | 6 |
| Department of Employment Security shall develop a program to | 7 |
| inform employers that employers may not ask if an applicant had | 8 |
| a juvenile record expunged and that application for employment | 9 |
| must contain specific language that states that the applicant | 10 |
| is not obligated to disclose expunged juvenile records of | 11 |
| arrest or conviction. | 12 |
| (b) A person whose juvenile records have been expunged is | 13 |
| not entitled to remission of any fines, costs, or other money | 14 |
| paid as a consequence of expungement. This amendatory Act of | 15 |
| the 93rd General Assembly does not affect the right of the | 16 |
| victim of a crime to prosecute or defend a civil action for | 17 |
| damages.
| 18 |
| (Source: P.A. 90-590, eff. 1-1-99.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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