Full Text of HB1126 96th General Assembly
HB1126eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Identification Act is amended by | 5 |
| changing Section 5 as follows:
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| (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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| Sec. 5. Arrest reports; expungement.
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| (a) All policing bodies of this State shall furnish to the | 9 |
| Department,
daily, in the form and detail the Department | 10 |
| requires, fingerprints and
descriptions of all persons who are | 11 |
| arrested on charges of violating any penal
statute of this | 12 |
| State for offenses that are classified as felonies and Class
A | 13 |
| or B misdemeanors and of all minors of the age of 10 and over | 14 |
| who have been
arrested for an offense which would be a felony | 15 |
| if committed by an adult and who are the subject of a petition | 16 |
| for adjudication of delinquency under Article V of the Juvenile | 17 |
| Court Act of 1987 , and
may forward such fingerprints and | 18 |
| descriptions for minors arrested for Class A
or B misdemeanors . | 19 |
| Moving or nonmoving traffic violations under the Illinois
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| Vehicle Code shall not be reported except for violations of | 21 |
| Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In | 22 |
| addition, conservation offenses,
as defined in the Supreme | 23 |
| Court Rule 501(c), that are classified as Class B
misdemeanors |
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| shall not be reported.
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| Whenever an adult or minor prosecuted as an adult,
not | 3 |
| having previously been convicted of any criminal offense or | 4 |
| municipal
ordinance violation, charged with a violation of a | 5 |
| municipal ordinance or a
felony or misdemeanor, is acquitted or | 6 |
| released without being convicted,
whether the acquittal or | 7 |
| release occurred before, on, or after the
effective date of | 8 |
| this amendatory Act of 1991, the Chief Judge of the circuit
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| wherein the charge was brought, any judge of that circuit | 10 |
| designated by the
Chief Judge, or in counties of less than | 11 |
| 3,000,000 inhabitants, the presiding
trial judge at the | 12 |
| defendant's trial may upon verified petition of the
defendant | 13 |
| order the record of arrest expunged from the official records | 14 |
| of the
arresting authority and the Department and order that | 15 |
| the records of the clerk
of the circuit court be sealed until | 16 |
| further order of the court upon good cause
shown and the name | 17 |
| of the defendant obliterated on the official index required
to | 18 |
| be kept by the circuit court clerk under Section 16 of the | 19 |
| Clerks of Courts
Act, but the order shall not affect any index | 20 |
| issued by the circuit court clerk
before the entry of the | 21 |
| order. The Department may charge the petitioner a fee
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| equivalent to the cost of processing any order to expunge or | 23 |
| seal the records,
and the fee shall be deposited into the State | 24 |
| Police Services Fund. The
records of those arrests, however, | 25 |
| that result in a disposition of
supervision for any offense | 26 |
| shall not be expunged from the records of the
arresting |
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| authority or the Department nor impounded by the court until 2 | 2 |
| years
after discharge and dismissal of supervision. Those | 3 |
| records
that result from a supervision for a violation of | 4 |
| Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois | 5 |
| Vehicle Code or a similar provision
of a local ordinance, or | 6 |
| for a violation of Section 12-3.2, 12-15 or 16A-3
of the | 7 |
| Criminal Code of 1961, or probation under Section 10 of the | 8 |
| Cannabis
Control Act, Section 410 of the Illinois Controlled | 9 |
| Substances Act, Section 70 of the Methamphetamine Control and | 10 |
| Community Protection Act, Section
12-4.3(b)(1) and (2) of the | 11 |
| Criminal Code of 1961 (as those provisions
existed before their | 12 |
| deletion by Public Act 89-313), Section 10-102 of the
Illinois | 13 |
| Alcoholism and Other Drug Dependency Act when the judgment of
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| conviction has been vacated, Section 40-10 of the Alcoholism | 15 |
| and Other Drug
Abuse and Dependency Act when the judgment of | 16 |
| conviction has been vacated,
or Section 10 of the Steroid | 17 |
| Control Act shall not be expunged from the records
of the | 18 |
| arresting authority nor impounded by the court until 5 years | 19 |
| after
termination of probation or supervision. Those records | 20 |
| that result from a
supervision for a violation of Section | 21 |
| 11-501 of the Illinois Vehicle Code or
a similar provision of a | 22 |
| local ordinance, shall not be expunged. All records
set out | 23 |
| above may be ordered by the court to be expunged from the | 24 |
| records of
the arresting authority and impounded by the court | 25 |
| after 5 years, but shall
not be expunged by the Department, but | 26 |
| shall, on court order be sealed by the
Department and may be |
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| disseminated by the Department only as required by law or
to | 2 |
| the arresting authority, the State's Attorney, and the court | 3 |
| upon a later
arrest for the same or a similar offense or for | 4 |
| the purpose of sentencing for
any subsequent felony. Upon | 5 |
| conviction for any offense, the Department of
Corrections shall | 6 |
| have access to all sealed records of the Department
pertaining | 7 |
| to that individual.
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| (a-5) Those records maintained by the Department for | 9 |
| persons arrested
prior to their 17th birthday shall be expunged | 10 |
| as provided in Section 5-915 of
the Juvenile Court Act of 1987.
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| (b) Whenever a person has been convicted of a crime or of | 12 |
| the violation of
a municipal ordinance, in the name of a person | 13 |
| whose identity he has stolen
or otherwise come into possession | 14 |
| of, the aggrieved person from whom the
identity was stolen or | 15 |
| otherwise obtained without authorization, upon learning
of the | 16 |
| person having been arrested using his identity, may, upon | 17 |
| verified
petition to the chief judge of the circuit wherein the | 18 |
| arrest was made,
have a court order entered nunc pro tunc by | 19 |
| the chief judge to correct
the arrest record, conviction | 20 |
| record, if any, and all official records of the
arresting | 21 |
| authority, the Department, other criminal justice agencies, | 22 |
| the
prosecutor, and the trial court concerning such arrest, if | 23 |
| any, by removing his
name from all such records in connection | 24 |
| with the arrest and conviction, if
any, and by inserting in the | 25 |
| records the name of the offender, if known or
ascertainable, in | 26 |
| lieu of the aggrieved's name. The records of the
clerk of
the |
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| circuit court clerk shall be sealed until further order of the | 2 |
| court upon
good cause shown and the name of the aggrieved | 3 |
| person obliterated on the
official index required to be kept by | 4 |
| the circuit court clerk under Section 16
of the Clerks of | 5 |
| Courts Act, but the order shall not affect any index issued by
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| the circuit court clerk before the entry of the order. Nothing | 7 |
| in this Section
shall limit the Department of State Police or | 8 |
| other criminal justice agencies
or prosecutors from listing | 9 |
| under an offender's name the false names he or she
has used. | 10 |
| For purposes of this Section, convictions for moving and | 11 |
| nonmoving
traffic violations other than convictions for | 12 |
| violations of Chapter 4, Section
11-204.1 or Section 11-501 of | 13 |
| the Illinois Vehicle Code shall not be a bar to
expunging the | 14 |
| record of arrest and court records for
violation of a | 15 |
| misdemeanor or municipal ordinance.
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| (c) Whenever a person who has been convicted of an offense | 17 |
| is granted
a pardon by the Governor which specifically | 18 |
| authorizes expungement, he may,
upon verified petition to the | 19 |
| chief judge of the circuit where the person had
been convicted, | 20 |
| any judge of the circuit designated by the Chief Judge, or in
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| counties of less than 3,000,000 inhabitants, the presiding | 22 |
| trial judge at the
defendant's trial, may have a court order | 23 |
| entered expunging the record of
arrest from the official | 24 |
| records of the arresting authority and order that the
records | 25 |
| of the clerk of the circuit court and the Department be sealed | 26 |
| until
further order of the court upon good cause shown or as |
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| otherwise provided
herein, and the name of the defendant | 2 |
| obliterated from the official index
requested to be kept by the | 3 |
| circuit court clerk under Section 16 of the Clerks
of Courts | 4 |
| Act in connection with the arrest and conviction for the | 5 |
| offense for
which he had been pardoned but the order shall not | 6 |
| affect any index issued by
the circuit court clerk before the | 7 |
| entry of the order. All records sealed by
the Department may be | 8 |
| disseminated by the Department only as required by law or
to | 9 |
| the arresting authority, the State's Attorney, and the court | 10 |
| upon a later
arrest for the same or similar offense or for the | 11 |
| purpose of sentencing for any
subsequent felony. Upon | 12 |
| conviction for any subsequent offense, the Department
of | 13 |
| Corrections shall have access to all sealed records of the | 14 |
| Department
pertaining to that individual. Upon entry of the | 15 |
| order of expungement, the
clerk of the circuit court shall | 16 |
| promptly mail a copy of the order to the
person who was | 17 |
| pardoned.
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| (c-5) Whenever a person has been convicted of criminal | 19 |
| sexual assault,
aggravated criminal sexual assault, predatory | 20 |
| criminal sexual assault of a
child, criminal sexual abuse, or | 21 |
| aggravated criminal sexual abuse, the victim
of that offense | 22 |
| may request that the State's Attorney of the county in which
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| the conviction occurred file a verified petition with the | 24 |
| presiding trial judge
at the defendant's trial to have a court | 25 |
| order entered to seal the records of
the clerk of the circuit | 26 |
| court in connection with the proceedings of the trial
court |
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| concerning that offense. However, the records of the arresting | 2 |
| authority
and the Department of State Police concerning the | 3 |
| offense shall not be
sealed. The court, upon good cause shown, | 4 |
| shall make the records of the clerk
of the circuit court in | 5 |
| connection with the proceedings of the trial court
concerning | 6 |
| the offense available for public inspection.
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| (c-6) If a conviction has been set aside on direct review | 8 |
| or on
collateral attack
and the court determines by clear and | 9 |
| convincing evidence that the defendant
was factually innocent | 10 |
| of
the charge, the court shall enter an expungement order as | 11 |
| provided in
subsection (b) of Section 5-5-4
of the Unified Code | 12 |
| of Corrections.
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| (d) Notice of the petition for subsections (a), (b), and | 14 |
| (c) shall be
served by the clerk upon the State's Attorney or | 15 |
| prosecutor charged with the duty
of prosecuting the offense, | 16 |
| the Department of State Police, the arresting
agency and the | 17 |
| chief legal officer of the unit of local government
affecting | 18 |
| the arrest. Unless the State's Attorney or prosecutor, the
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| Department of State Police, the arresting agency or such chief | 20 |
| legal officer
objects to the petition within 30 days from the | 21 |
| date of the notice, the
court shall enter an order granting or | 22 |
| denying the petition. The clerk
of the court shall promptly | 23 |
| mail a copy of the order to the person, the
arresting agency, | 24 |
| the prosecutor, the Department of State Police and such
other | 25 |
| criminal justice agencies as may be ordered by the judge.
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| (e) Nothing herein shall prevent the Department of State |
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| Police from
maintaining all records of any person who is | 2 |
| admitted to probation upon
terms and conditions and who | 3 |
| fulfills those terms and conditions pursuant
to Section 10 of | 4 |
| the Cannabis Control Act, Section 410 of the Illinois
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| Controlled Substances Act, Section 70 of the Methamphetamine | 6 |
| Control and Community Protection Act, Section 12-4.3 of the | 7 |
| Criminal Code
of 1961, Section 10-102 of the Illinois | 8 |
| Alcoholism and Other Drug
Dependency Act, Section 40-10 of the | 9 |
| Alcoholism and Other Drug Abuse and
Dependency Act, or Section | 10 |
| 10 of the Steroid Control Act.
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| (f) No court order issued under the expungement provisions | 12 |
| of this
Section shall become final for purposes of appeal until | 13 |
| 30 days after
notice is received by the Department. Any court | 14 |
| order contrary to the
provisions of this Section is void.
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| (g) Except as otherwise provided in subsection (c-5) of | 16 |
| this Section,
the court shall not order the sealing or | 17 |
| expungement of the arrest
records and records of the circuit | 18 |
| court clerk of any person granted
supervision for or convicted | 19 |
| of any sexual offense committed against a minor
under 18 years | 20 |
| of age. For the purposes of this Section, "sexual offense
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| committed against a minor" includes but is not limited to the | 22 |
| offenses of
indecent solicitation of a child or criminal sexual | 23 |
| abuse when the victim of
such offense is under 18 years of age.
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| (h) (1) Applicability. Notwithstanding any other provision | 25 |
| of this Act to the contrary and cumulative with any rights to | 26 |
| expungement of criminal records, this subsection authorizes |
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| the sealing of criminal records of adults and of minors | 2 |
| prosecuted as adults. | 3 |
| (2) Sealable offenses. The following offenses may be | 4 |
| sealed: | 5 |
| (A) All municipal ordinance violations and | 6 |
| misdemeanors, with the exception of the following: | 7 |
| (i) violations of Section 11-501 of the Illinois | 8 |
| Vehicle Code or a similar provision of a local | 9 |
| ordinance; | 10 |
| (ii) violations of Article 11 of the Criminal Code | 11 |
| of 1961 or a similar provision of a local ordinance, | 12 |
| except Section 11-14 of the Criminal Code of 1961 as | 13 |
| provided in clause B(i) of this subsection (h); | 14 |
| (iii) violations of Section 12-15, 12-30, or 26-5 | 15 |
| of the Criminal Code of 1961 or a similar provision of | 16 |
| a local ordinance; | 17 |
| (iv) violations that are a crime of violence as | 18 |
| defined in Section 2 of the Crime Victims Compensation | 19 |
| Act or a similar provision of a local ordinance; | 20 |
| (v) Class A misdemeanor violations of the Humane | 21 |
| Care for Animals Act; and | 22 |
| (vi) any offense or attempted offense that would | 23 |
| subject a person to registration under the Sex Offender | 24 |
| Registration Act. | 25 |
| (B) Misdemeanor and Class 4 felony violations of: | 26 |
| (i) Section 11-14 of the Criminal Code of 1961; |
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| (ii) Section 4 of the Cannabis Control Act; | 2 |
| (iii) Section 402 of the Illinois Controlled | 3 |
| Substances Act; and | 4 |
| (iv) Section 60 of the Methamphetamine Control and | 5 |
| Community Protection Act.
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| However, for purposes of this subsection (h), a | 7 |
| sentence of first offender probation under Section 10 of | 8 |
| the Cannabis Control Act, Section 410 of the Illinois | 9 |
| Controlled Substances Act, or Section 70 of the | 10 |
| Methamphetamine Control and Community Protection Act shall | 11 |
| be treated as a Class 4 felony conviction. | 12 |
| (3) Requirements for sealing. Records identified as | 13 |
| sealable under clause (h) (2) may be sealed when the individual | 14 |
| was: | 15 |
| (A) Acquitted of the offense or offenses or released | 16 |
| without being convicted. | 17 |
| (B) Convicted of the offense or offenses and the | 18 |
| conviction or convictions were reversed. | 19 |
| (C) Placed on misdemeanor supervision for an offense or | 20 |
| offenses; and | 21 |
| (i) at least 3 years have elapsed since the | 22 |
| completion of the term of supervision, or terms of | 23 |
| supervision, if more than one term has been ordered; | 24 |
| and | 25 |
| (ii) the individual has not been convicted of a | 26 |
| felony or misdemeanor or placed on supervision for a |
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| misdemeanor or felony during the period specified in | 2 |
| clause (i). | 3 |
| (D) Convicted of an offense or offenses; and | 4 |
| (i) at least 4 years have elapsed since the last | 5 |
| such conviction or term of any sentence, probation, | 6 |
| parole, or supervision, if any, whichever is last in | 7 |
| time; and | 8 |
| (ii) the individual has not been convicted of a | 9 |
| felony or misdemeanor or placed on supervision for a | 10 |
| misdemeanor or felony during the period specified in | 11 |
| clause (i). | 12 |
| (4) Requirements for sealing of records when more than one | 13 |
| charge and disposition have been filed. When multiple offenses | 14 |
| are petitioned to be sealed under this subsection (h), the | 15 |
| requirements of the relevant provisions of clauses (h)(3)(A) | 16 |
| through (D) each apply. In instances in which more than one | 17 |
| waiting period is applicable under clauses (h)(C)(i) and (ii) | 18 |
| and (h)(D)(i) and (ii), the longer applicable period applies, | 19 |
| and the requirements of clause (h) (3) shall be considered met | 20 |
| when the petition is filed after the passage of the longer | 21 |
| applicable waiting period. That period commences on the date of | 22 |
| the completion of the last sentence or the end of supervision, | 23 |
| probation, or parole, whichever is last in time. | 24 |
| (5) Subsequent convictions. A person may not have | 25 |
| subsequent felony conviction records sealed as provided in this | 26 |
| subsection (h) if he or she is convicted of any felony offense |
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| after the date of the sealing of prior felony records as | 2 |
| provided in this subsection (h). | 3 |
| (6) Notice of eligibility for sealing. Upon acquittal, | 4 |
| release without conviction, or being placed on supervision for | 5 |
| a sealable offense, or upon conviction of a sealable offense, | 6 |
| the person shall be informed by the court of the right to have | 7 |
| the records sealed and the procedures for the sealing of the | 8 |
| records. | 9 |
| (7) Procedure. Upon becoming eligible for the sealing of | 10 |
| records under this subsection (h), the person who seeks the | 11 |
| sealing of his or her records shall file a petition requesting | 12 |
| the sealing of records with the clerk of the court where the | 13 |
| charge or charges were brought. The records may be sealed by | 14 |
| the Chief Judge of the circuit wherein the charge was brought, | 15 |
| any judge of that circuit designated by the Chief Judge, or in | 16 |
| counties of less than 3,000,000 inhabitants, the presiding | 17 |
| trial judge at the defendant's trial, if any. If charges were | 18 |
| brought in multiple jurisdictions, a petition must be filed in | 19 |
| each such jurisdiction. The petitioner shall pay the applicable | 20 |
| fee, if not waived. | 21 |
| (A) Contents of petition. The petition shall contain | 22 |
| the petitioner's name, date of birth, current address, each | 23 |
| charge, each case number, the date of each charge, the | 24 |
| identity of the arresting authority, and such other | 25 |
| information as the court may require. During the pendency | 26 |
| of the proceeding, the petitioner shall promptly notify the |
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| clerk of the court of any change of address. | 2 |
| (B) Drug test. A person filing a petition to have his | 3 |
| or her records sealed for a Class 4 felony violation of | 4 |
| Section 4 of the Cannabis Control Act or for a Class 4 | 5 |
| felony violation of Section 402 of the Illinois Controlled | 6 |
| Substances Act must attach to the petition proof that the | 7 |
| petitioner has passed a test taken within the previous 30 | 8 |
| days before the filing of the petition showing the absence | 9 |
| within his or her body of all illegal substances in | 10 |
| violation of either the Illinois Controlled Substances Act | 11 |
| or the Cannabis Control Act. | 12 |
| (C) Service of petition. The clerk shall promptly serve | 13 |
| a copy of the petition on the State's Attorney or | 14 |
| prosecutor charged with the duty of prosecuting the | 15 |
| offense, the Department of State Police, the arresting | 16 |
| agency and the chief legal officer of the unit of local | 17 |
| government effecting the arrest. | 18 |
| (D) Entry of order. Unless the State's Attorney or | 19 |
| prosecutor, the Department of State Police, the arresting | 20 |
| agency or such chief legal officer objects to sealing of | 21 |
| the records within 90 days of notice the court shall enter | 22 |
| an order sealing the defendant's records. | 23 |
| (E) Hearing upon objection. If an objection is filed, | 24 |
| the court shall set a date for a hearing and notify the | 25 |
| petitioner and the parties on whom the petition had been | 26 |
| served, and shall hear evidence on whether the sealing of |
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| the records should or should not be granted, and shall make | 2 |
| a determination on whether to issue an order to seal the | 3 |
| records based on the evidence presented at the hearing. | 4 |
| (F) Service of order. After entering the order to seal | 5 |
| records, the court must provide copies of the order to the | 6 |
| Department, in a form and manner prescribed by the | 7 |
| Department, to the petitioner, to the State's Attorney or | 8 |
| prosecutor charged with the duty of prosecuting the | 9 |
| offense, to the arresting agency, to the chief legal | 10 |
| officer of the unit of local government effecting the | 11 |
| arrest, and to such other criminal justice agencies as may | 12 |
| be ordered by the court. | 13 |
| (8) Fees. Notwithstanding any provision of the Clerk of the | 14 |
| Courts Act to the contrary, and subject to the approval of the | 15 |
| county board, the clerk may charge a fee equivalent to the cost | 16 |
| associated with the sealing of records by the clerk and the | 17 |
| Department of State Police. The clerk shall forward the | 18 |
| Department of State Police portion of the fee to the Department | 19 |
| and it shall be deposited into the State Police Services Fund. | 20 |
| (i) Subject to available funding, the Illinois Department | 21 |
| of Corrections shall conduct a study of the impact of sealing, | 22 |
| especially on employment and recidivism rates, utilizing a | 23 |
| random sample of those who apply for the sealing of their | 24 |
| criminal records under Public Act 93-211, in accordance to | 25 |
| rules adopted by the Department. At the request of the Illinois | 26 |
| Department of Corrections, records of the Illinois Department |
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| of Employment Security shall be utilized as appropriate to | 2 |
| assist in the study. The study shall not disclose any data in a | 3 |
| manner that would allow the identification of any particular | 4 |
| individual or employing unit. The study shall be made available | 5 |
| to the General Assembly no later than September 1, 2006.
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| (j) Notwithstanding any provision of the Clerks of Courts | 7 |
| Act to the contrary, the clerk may charge a fee equivalent to | 8 |
| the cost associated with the sealing or expungement of records | 9 |
| by the clerk. From the total filing fee collected for the | 10 |
| Petition to seal or expunge, the clerk shall deposit $10 into | 11 |
| the Circuit Court Clerk Operation and Administrative Fund, to | 12 |
| be used to offset the costs incurred by the Circuit Court Clerk | 13 |
| in performing the additional duties required to serve the | 14 |
| Petition to Seal or Expunge on all parties. The clerk shall | 15 |
| also charge a filing fee equivalent to the cost of sealing or | 16 |
| expunging the record by the Department of State Police. The | 17 |
| clerk shall collect and forward the Department of State Police | 18 |
| portion of the fee to the Department and it shall be deposited | 19 |
| in the State Police Services Fund. | 20 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; | 21 |
| revised 10-28-08.)
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| Section 10. The Juvenile Court Act of 1987 is amended by | 23 |
| changing Sections 5-105, 5-301, 5-305, and 5-915 as follows:
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| (705 ILCS 405/5-105)
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| Sec. 5-105. Definitions. As used in this Article:
| 2 |
| (1) "Court" means the circuit court in a session or | 3 |
| division
assigned to hear proceedings under this Act, and | 4 |
| includes the term Juvenile
Court.
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| (2) "Community service" means uncompensated labor for a | 6 |
| community service
agency as hereinafter defined.
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| (2.5) "Community service agency" means a not-for-profit | 8 |
| organization,
community
organization, church, charitable | 9 |
| organization, individual, public office,
or other public body | 10 |
| whose purpose is to enhance
the physical or mental health of a | 11 |
| delinquent minor or to rehabilitate the
minor, or to improve | 12 |
| the environmental quality or social welfare of the
community | 13 |
| which agrees to accept community service from juvenile | 14 |
| delinquents
and to report on the progress of the community | 15 |
| service to the State's
Attorney pursuant to an agreement or to | 16 |
| the court or to any agency designated
by the court or to the | 17 |
| authorized diversion program that has referred the
delinquent | 18 |
| minor for community service.
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| (3) "Delinquent minor" means any minor who prior to his or | 20 |
| her 17th birthday
has
violated or attempted to violate, | 21 |
| regardless of where the act occurred, any
federal or State law, | 22 |
| county or municipal ordinance.
| 23 |
| (4) "Department" means the Department of Human Services | 24 |
| unless specifically
referenced as another department.
| 25 |
| (5) "Detention" means the temporary care of a minor who is | 26 |
| alleged to be or
has been adjudicated
delinquent and who |
|
|
|
HB1126 Engrossed |
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LRB096 07475 RLC 17568 b |
|
| 1 |
| requires secure custody for the minor's own
protection or the | 2 |
| community's protection in a facility designed to physically
| 3 |
| restrict the minor's movements, pending disposition by the | 4 |
| court or
execution of an order of the court for placement or | 5 |
| commitment. Design
features that physically restrict movement | 6 |
| include, but are not limited to,
locked rooms and the secure | 7 |
| handcuffing of a minor to a rail or other
stationary object. In | 8 |
| addition, "detention" includes the court ordered
care of an | 9 |
| alleged or adjudicated delinquent minor who requires secure
| 10 |
| custody pursuant to Section 5-125 of this Act.
| 11 |
| (6) "Diversion" means the referral of a juvenile, without | 12 |
| court
intervention,
into a program that provides services | 13 |
| designed to educate the juvenile and
develop a productive and | 14 |
| responsible approach to living in the community.
| 15 |
| (6.5) "Expungement" means the removal and destruction of | 16 |
| the physical and electronic law enforcement or juvenile court | 17 |
| records by law enforcement officers and other public offices | 18 |
| and agencies. | 19 |
| (7) "Juvenile detention home" means a public facility with | 20 |
| specially trained
staff that conforms to the county juvenile | 21 |
| detention standards promulgated by
the Department of | 22 |
| Corrections.
| 23 |
| (8) "Juvenile justice continuum" means a set of delinquency | 24 |
| prevention
programs and services designed for the purpose of | 25 |
| preventing or reducing
delinquent acts, including criminal | 26 |
| activity by youth gangs, as well as
intervention, |
|
|
|
HB1126 Engrossed |
- 18 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| rehabilitation, and prevention services targeted at minors who
| 2 |
| have committed delinquent acts,
and minors who have previously | 3 |
| been committed to residential treatment programs
for | 4 |
| delinquents. The term includes children-in-need-of-services | 5 |
| and
families-in-need-of-services programs; aftercare and | 6 |
| reentry services;
substance abuse and mental health programs;
| 7 |
| community service programs; community service
work programs; | 8 |
| and alternative-dispute resolution programs serving
| 9 |
| youth-at-risk of delinquency and their families, whether | 10 |
| offered or delivered
by State or
local governmental entities, | 11 |
| public or private for-profit or not-for-profit
organizations, | 12 |
| or religious or charitable organizations. This term would also
| 13 |
| encompass any program or service consistent with the purpose of | 14 |
| those programs
and services enumerated in this subsection.
| 15 |
| (9) "Juvenile police officer" means a sworn police officer | 16 |
| who has completed
a Basic Recruit Training Course, has been | 17 |
| assigned to the position of juvenile
police officer by his or | 18 |
| her chief law enforcement officer and has completed
the | 19 |
| necessary juvenile officers training as prescribed by the | 20 |
| Illinois Law
Enforcement Training Standards Board, or in the | 21 |
| case of a State police officer,
juvenile officer training | 22 |
| approved by the Director of State
Police.
| 23 |
| (10) "Minor" means a person under the age of 21 years | 24 |
| subject to this Act.
| 25 |
| (11) "Non-secure custody" means confinement where the | 26 |
| minor is not
physically
restricted by being placed in a locked |
|
|
|
HB1126 Engrossed |
- 19 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| cell or room, by being handcuffed to a
rail or other stationary | 2 |
| object, or by other means. Non-secure custody may
include, but | 3 |
| is not limited to, electronic monitoring, foster home | 4 |
| placement,
home confinement, group home placement, or physical | 5 |
| restriction of movement or
activity solely through facility | 6 |
| staff.
| 7 |
| (12) "Public or community service" means uncompensated | 8 |
| labor for a
not-for-profit organization
or public body whose | 9 |
| purpose is to enhance physical or mental stability of the
| 10 |
| offender, environmental quality or the social welfare and which | 11 |
| agrees to
accept public or community service from offenders and | 12 |
| to report on the progress
of the offender and the public or | 13 |
| community service to the court or to the
authorized diversion | 14 |
| program that has referred the offender for public or
community
| 15 |
| service.
| 16 |
| (13) "Sentencing hearing" means a hearing to determine | 17 |
| whether a minor
should
be adjudged a ward of the court, and to | 18 |
| determine what sentence should be
imposed on the minor. It is | 19 |
| the intent of the General Assembly that the term
"sentencing | 20 |
| hearing" replace the term "dispositional hearing" and be | 21 |
| synonymous
with that definition as it was used in the Juvenile | 22 |
| Court Act of 1987.
| 23 |
| (14) "Shelter" means the temporary care of a minor in | 24 |
| physically
unrestricting facilities pending court disposition | 25 |
| or execution of court order
for placement.
| 26 |
| (15) "Site" means a not-for-profit organization, public
|
|
|
|
HB1126 Engrossed |
- 20 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| body, church, charitable organization, or individual agreeing | 2 |
| to
accept
community service from offenders and to report on the | 3 |
| progress of ordered or
required public or community service to | 4 |
| the court or to the authorized
diversion program that has | 5 |
| referred the offender for public or community
service.
| 6 |
| (16) "Station adjustment" means the informal or formal | 7 |
| handling of an
alleged
offender by a juvenile police officer.
| 8 |
| (17) "Trial" means a hearing to determine whether the | 9 |
| allegations of a
petition under Section 5-520 that a minor is | 10 |
| delinquent are proved beyond a
reasonable doubt. It is the | 11 |
| intent of the General Assembly that the term
"trial" replace | 12 |
| the term "adjudicatory hearing" and be synonymous with that
| 13 |
| definition as it was used in the Juvenile Court Act of 1987.
| 14 |
| (Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)
| 15 |
| (705 ILCS 405/5-301)
| 16 |
| Sec. 5-301. Station adjustments. A minor arrested for any | 17 |
| offense or a violation of a condition of previous
station | 18 |
| adjustment may receive a station adjustment for that arrest as
| 19 |
| provided herein. In deciding whether to impose a station | 20 |
| adjustment, either
informal
or formal, a juvenile police | 21 |
| officer shall consider the following factors:
| 22 |
| (A) The seriousness of the alleged offense.
| 23 |
| (B) The prior history of delinquency of the minor.
| 24 |
| (C) The age of the minor.
| 25 |
| (D) The culpability of the minor in committing the alleged |
|
|
|
HB1126 Engrossed |
- 21 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| offense.
| 2 |
| (E) Whether the offense was committed in an aggressive or | 3 |
| premeditated
manner.
| 4 |
| (F) Whether the minor used or possessed a deadly weapon | 5 |
| when committing
the alleged offenses.
| 6 |
| (1) Informal station adjustment.
| 7 |
| (a) An informal station adjustment is defined as a | 8 |
| procedure when a
juvenile police officer determines that | 9 |
| there is probable
cause to
believe that the minor has | 10 |
| committed an offense.
| 11 |
| (b) A minor shall receive no more than 3 informal | 12 |
| station adjustments
statewide for a misdemeanor offense | 13 |
| within 3 years without prior approval from
the
State's | 14 |
| Attorney's Office.
| 15 |
| (c) A minor shall receive no more than 3 informal | 16 |
| station adjustments
statewide for a felony offense within 3 | 17 |
| years without prior approval from the
State's
Attorney's | 18 |
| Office.
| 19 |
| (d) A minor shall receive a combined total of no more | 20 |
| than 5 informal
station adjustments statewide during his or | 21 |
| her minority.
| 22 |
| (e) The juvenile police officer may make reasonable | 23 |
| conditions of an
informal station adjustment which may | 24 |
| include but are not limited to:
| 25 |
| (i) Curfew.
| 26 |
| (ii) Conditions restricting entry into designated |
|
|
|
HB1126 Engrossed |
- 22 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| geographical areas.
| 2 |
| (iii) No contact with specified persons.
| 3 |
| (iv) School attendance.
| 4 |
| (v) Performing up to 25 hours of community service | 5 |
| work.
| 6 |
| (vi) Community mediation.
| 7 |
| (vii) Teen court or a peer court.
| 8 |
| (viii) Restitution limited to 90 days.
| 9 |
| (f) If the minor refuses or fails to abide by the | 10 |
| conditions of an
informal station adjustment, the juvenile | 11 |
| police officer may impose a formal
station adjustment or | 12 |
| refer the matter to the State's Attorney's Office.
| 13 |
| (g) An informal station adjustment does not constitute | 14 |
| an adjudication
of delinquency or a criminal conviction.
| 15 |
| Beginning January 1, 2000, a record shall be maintained | 16 |
| with the
Department of State Police for informal station | 17 |
| adjustments for offenses that
would be a felony if | 18 |
| committed by an adult, and may be maintained if the
offense | 19 |
| would be a misdemeanor.
| 20 |
| (2) Formal station adjustment.
| 21 |
| (a) A formal station adjustment is defined as a | 22 |
| procedure when a juvenile
police officer determines that | 23 |
| there is probable cause to
believe the minor has committed | 24 |
| an offense and an admission by the minor of
involvement in | 25 |
| the offense.
| 26 |
| (b) The minor and parent, guardian, or legal custodian |
|
|
|
HB1126 Engrossed |
- 23 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| must agree in
writing to the formal station adjustment and | 2 |
| must be advised of the
consequences of violation of any | 3 |
| term of the agreement.
| 4 |
| (c) The minor and parent, guardian or legal custodian | 5 |
| shall be provided a
copy of the signed agreement of the | 6 |
| formal station adjustment. The agreement
shall include:
| 7 |
| (i) The offense which formed the basis of the | 8 |
| formal station
adjustment.
| 9 |
| (ii) An acknowledgment that the terms of the formal | 10 |
| station adjustment
and
the consequences for violation | 11 |
| have been explained.
| 12 |
| (iii) An acknowledgment that the formal station | 13 |
| adjustments record may
be
expunged under Section 5-915 | 14 |
| of this Act.
| 15 |
| (iv) An acknowledgement that the minor understands | 16 |
| that his or her
admission of involvement in the offense | 17 |
| may be admitted into evidence in future
court hearings.
| 18 |
| (v) A statement that all parties understand the | 19 |
| terms and conditions of
formal station adjustment and | 20 |
| agree to the formal station adjustment process.
| 21 |
| (d) Conditions of the formal station adjustment may | 22 |
| include, but are not
be limited to:
| 23 |
| (i) The time shall not exceed 120 days.
| 24 |
| (ii) The minor shall not violate any laws.
| 25 |
| (iii) The juvenile police officer may require the | 26 |
| minor to comply with
additional conditions for the |
|
|
|
HB1126 Engrossed |
- 24 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| formal station adjustment which may include but
are not | 2 |
| limited to:
| 3 |
| (a) Attending school.
| 4 |
| (b) Abiding by a set curfew.
| 5 |
| (c) Payment of restitution.
| 6 |
| (d) Refraining from possessing a firearm or | 7 |
| other weapon.
| 8 |
| (e) Reporting to a police officer at | 9 |
| designated times and places,
including reporting | 10 |
| and verification that the minor is at home at
| 11 |
| designated hours.
| 12 |
| (f) Performing up to 25 hours of community | 13 |
| service work.
| 14 |
| (g) Refraining from entering designated | 15 |
| geographical areas.
| 16 |
| (h) Participating in community mediation.
| 17 |
| (i) Participating in teen court or peer court.
| 18 |
| (j) Refraining from contact with specified | 19 |
| persons.
| 20 |
| (e) A
formal station adjustment does not constitute an | 21 |
| adjudication of
delinquency or a criminal conviction. | 22 |
| Beginning January 1, 2000,
a record shall be maintained | 23 |
| with the
Department of State Police for formal station | 24 |
| adjustments.
| 25 |
| (f) A minor or the minor's parent, guardian, or legal | 26 |
| custodian, or both
the minor and the minor's parent, |
|
|
|
HB1126 Engrossed |
- 25 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| guardian, or legal custodian, may refuse
a formal station | 2 |
| adjustment and have the matter referred
for court action or
| 3 |
| other appropriate action.
| 4 |
| (g) A minor or the minor's parent, guardian, or legal | 5 |
| custodian, or both
the minor and the minor's parent, | 6 |
| guardian, or legal custodian, may
within 30 days of the | 7 |
| commencement of the formal station adjustment revoke
their | 8 |
| consent and
have the matter referred for court action or | 9 |
| other appropriate action. This
revocation must be in | 10 |
| writing and personally served upon the police officer or
| 11 |
| his or her supervisor.
| 12 |
| (h) The admission of the minor as to involvement in the | 13 |
| offense shall be
admissible at further court hearings as | 14 |
| long as the statement would be
admissible under the rules | 15 |
| of evidence.
| 16 |
| (i) If the minor violates any term or condition of the | 17 |
| formal station
adjustment the juvenile police officer | 18 |
| shall provide written notice of
violation to the
minor and | 19 |
| the minor's parent, guardian, or legal custodian. After | 20 |
| consultation
with the
minor and the minor's parent, | 21 |
| guardian, or legal custodian, the juvenile police
officer
| 22 |
| may take any of the following steps upon violation:
| 23 |
| (i) Warn the minor of consequences of continued | 24 |
| violations and continue
the formal station adjustment.
| 25 |
| (ii) Extend the period of the formal station | 26 |
| adjustment up to a total
of 180 days.
|
|
|
|
HB1126 Engrossed |
- 26 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| (iii) Extend the hours of community service work up | 2 |
| to a total of 40
hours.
| 3 |
| (iv) Terminate the formal station adjustment | 4 |
| unsatisfactorily and take
no other action.
| 5 |
| (v) Terminate the formal station adjustment | 6 |
| unsatisfactorily and refer
the matter to the juvenile | 7 |
| court.
| 8 |
| (j) A minor shall receive no more than 2 formal station
| 9 |
| adjustments statewide for a felony offense without the | 10 |
| State's Attorney's
approval within
a 3 year period.
| 11 |
| (k) A minor shall receive no more than 3 formal station
| 12 |
| adjustments statewide for a misdemeanor offense without | 13 |
| the State's Attorney's
approval
within a 3 year period.
| 14 |
| (l) The total for formal station adjustments statewide | 15 |
| within the period
of
minority may not exceed 4 without the | 16 |
| State's Attorney's approval.
| 17 |
| (m) If the minor is arrested in a jurisdiction where | 18 |
| the minor does not
reside, the
formal station adjustment | 19 |
| may be transferred to the jurisdiction where the
minor does | 20 |
| reside upon written agreement of that jurisdiction to | 21 |
| monitor the
formal station adjustment.
| 22 |
| (3) Beginning January 1, 2000, the
juvenile police officer | 23 |
| making a station adjustment shall assure
that information about | 24 |
| any offense which would constitute a felony if committed
by an | 25 |
| adult and may assure that information about a misdemeanor is | 26 |
| transmitted
to the Department of State Police.
|
|
|
|
HB1126 Engrossed |
- 27 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| (3) (4) The total number of station adjustments, both | 2 |
| formal and informal, shall
not exceed 9 without the State's | 3 |
| Attorney's approval for any minor arrested
anywhere in the | 4 |
| State.
| 5 |
| (Source: P.A. 90-590, eff. 1-1-99.)
| 6 |
| (705 ILCS 405/5-305)
| 7 |
| Sec. 5-305. Probation adjustment.
| 8 |
| (1) The court may authorize the probation officer to confer | 9 |
| in a
preliminary conference with a minor who is alleged to have | 10 |
| committed an
offense, his or her parent, guardian or legal | 11 |
| custodian, the victim, the
juvenile police officer, the State's | 12 |
| Attorney, and other interested
persons concerning the | 13 |
| advisability of filing a petition under Section
5-520,
with a | 14 |
| view to adjusting suitable cases without the filing of a | 15 |
| petition as
provided for in this Article, the probation officer | 16 |
| should schedule a
conference
promptly except when the State's | 17 |
| Attorney insists on court action or when the
minor has | 18 |
| indicated that he or she will demand a judicial hearing and | 19 |
| will not
comply
with a probation adjustment.
| 20 |
| (1-b) In any case of a minor who is in custody, the holding | 21 |
| of a
probation adjustment conference does not operate to | 22 |
| prolong temporary custody
beyond the period permitted by | 23 |
| Section 5-415.
| 24 |
| (2) This Section does not authorize any probation officer | 25 |
| to compel any
person to appear at any conference, produce any |
|
|
|
HB1126 Engrossed |
- 28 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| papers, or visit any place.
| 2 |
| (3) No statement made during a preliminary conference in | 3 |
| regard to the
offense that is the subject of the conference may | 4 |
| be admitted into evidence at
an adjudicatory hearing or at any
| 5 |
| proceeding against the minor under the criminal laws of this | 6 |
| State prior to his
or her conviction under those laws.
| 7 |
| (4) When a probation adjustment is appropriate, the | 8 |
| probation officer shall
promptly formulate a written, | 9 |
| non-judicial adjustment plan following the
initial conference.
| 10 |
| (5) Non-judicial probation adjustment plans include but | 11 |
| are not limited to
the following:
| 12 |
| (a) up to 6 months informal supervision within the | 13 |
| family;
| 14 |
| (b) up to 12 months informal supervision with a | 15 |
| probation officer
involved which may include any | 16 |
| conditions of probation provided in Section
5-715;
| 17 |
| (c) up to 6 months informal supervision with release to | 18 |
| a person other
than
a parent;
| 19 |
| (d) referral to special educational, counseling, or | 20 |
| other rehabilitative
social or educational programs;
| 21 |
| (e) referral to residential treatment programs;
| 22 |
| (f) participation in a public or community service | 23 |
| program or activity;
and
| 24 |
| (g) any other appropriate action with the consent of | 25 |
| the minor and a
parent.
| 26 |
| (6) The factors to be considered by the probation officer |
|
|
|
HB1126 Engrossed |
- 29 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| in formulating a
non-judicial probation adjustment plan shall | 2 |
| be the same as those limited in
subsection (4) of Section | 3 |
| 5-405.
| 4 |
| (7) Beginning January 1, 2000,
the probation officer who | 5 |
| imposes a probation adjustment plan shall
assure
that | 6 |
| information about an offense which would constitute a felony if | 7 |
| committed
by an adult, and may assure that information about a | 8 |
| misdemeanor offense, is
transmitted to the Department of State | 9 |
| Police.
| 10 |
| (Source: P.A. 92-329, eff. 8-9-01.)
| 11 |
| (705 ILCS 405/5-915)
| 12 |
| Sec. 5-915. Expungement of juvenile law enforcement and | 13 |
| court records.
| 14 |
| (1) Automatic expungement. Whenever a minor has attained | 15 |
| the age of 17, any local law enforcement agency maintaining law | 16 |
| enforcement records pertaining to that minor shall | 17 |
| automatically expunge those records only if (a) the minor has | 18 |
| been arrested but no petitions for delinquency have ever been | 19 |
| filed with the clerk of the circuit court and no criminal | 20 |
| proceedings have been instituted pursuant to Section 5-805, and | 21 |
| (b) the minor has not been arrested within the year prior to | 22 |
| his or her 17th birthday. | 23 |
| (1.5) If a minor is arrested and no petition for | 24 |
| delinquency has ever been filed with the clerk of the circuit | 25 |
| court, at the time the minor is released from custody the youth |
|
|
|
HB1126 Engrossed |
- 30 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| officer, if applicable, or other designated person from the | 2 |
| arresting agency, shall notify verbally and in writing to the | 3 |
| minor or the minor's parents or guardians that upon the minor | 4 |
| turning 17 the minor's law enforcement records will be | 5 |
| automatically expunged if (a) at the time of the minor's 17th | 6 |
| birthday the minor has never had a petition for delinquency | 7 |
| filed with the clerk of the circuit court and no criminal | 8 |
| proceedings have been instituted pursuant to Section 5-805, and | 9 |
| (b) the minor is not arrested within the year prior to his or | 10 |
| her 17th birthday. | 11 |
| (2) (1) Whenever any person has attained the age of 17 or | 12 |
| whenever all juvenile
court proceedings relating to that person | 13 |
| have been terminated, whichever is
later, the person may | 14 |
| petition the court to expunge law enforcement records
relating | 15 |
| to incidents occurring before his or her 17th birthday or his | 16 |
| or her
juvenile court
records, or both, but only in the | 17 |
| following circumstances:
| 18 |
| (a) the minor was arrested and no petition for | 19 |
| delinquency was filed with
the clerk of the circuit court | 20 |
| and the minor does not meet the requirements for automatic | 21 |
| expungement under paragraph 1 of Section 5-915 ; or
| 22 |
| (b) the minor was charged with an offense and was found | 23 |
| not delinquent of
that offense; or
| 24 |
| (c) the minor was placed under supervision pursuant to | 25 |
| Section 5-615, and
the order of
supervision has since been | 26 |
| successfully terminated; or
|
|
|
|
HB1126 Engrossed |
- 31 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| (d)
the minor was adjudicated for an offense which | 2 |
| would be a Class B
misdemeanor, Class C misdemeanor, or a | 3 |
| petty or business offense if committed by an adult.
| 4 |
| (2.5) (2) Any person may petition the court to expunge all | 5 |
| law enforcement records
relating to any
incidents occurring | 6 |
| before his or her 17th birthday which did not result in
| 7 |
| proceedings in criminal court and all juvenile court records | 8 |
| with respect to
any adjudications except those based upon first | 9 |
| degree
murder and
sex offenses which would be felonies if | 10 |
| committed by an adult, if the person
for whom expungement is | 11 |
| sought has had no
convictions for any crime since his or her | 12 |
| 17th birthday and:
| 13 |
| (a) has attained the age of 21 years; or
| 14 |
| (b) 5 years have elapsed since all juvenile court | 15 |
| proceedings relating to
him or her have been terminated or | 16 |
| his or her commitment to the Department of
Juvenile Justice
| 17 |
| pursuant to this Act has been terminated;
| 18 |
| whichever is later of (a) or (b). | 19 |
| (2.6) (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 (2) (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 |
|
|
|
HB1126 Engrossed |
- 32 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| to petition to have his or her law enforcement arrest record | 2 |
| expunged when the minor attains the age of 17 or when all | 3 |
| juvenile court proceedings relating to that minor have been | 4 |
| terminated and that unless a petition to expunge is filed or | 5 |
| the minor's law enforcement records are automatically expunged | 6 |
| pursuant to subsection (1) , the minor shall have a law | 7 |
| enforcement an arrest record . The youth officer, if applicable, | 8 |
| or other designated person from the arresting agency and shall | 9 |
| provide the minor and the minor's parents or guardians with an | 10 |
| expungement information packet, including a petition to | 11 |
| expunge juvenile records obtained from the clerk of the circuit | 12 |
| court. | 13 |
| (2.7) (2.6) If a minor is charged with an offense and is | 14 |
| found not delinquent of that offense; or if a minor is placed | 15 |
| under supervision under Section 5-615, and the order of | 16 |
| supervision is successfully terminated; or if a minor is | 17 |
| adjudicated for an offense that would be a Class B misdemeanor, | 18 |
| a Class C misdemeanor, or a business or petty offense if | 19 |
| committed by an adult; or if a minor has incidents occurring | 20 |
| before his or her 17th birthday that have not resulted in | 21 |
| proceedings in criminal court, or resulted in proceedings in | 22 |
| juvenile court, and the adjudications were not based upon first | 23 |
| degree murder or sex offenses that would be felonies if | 24 |
| committed by an adult; then at the time of sentencing or | 25 |
| dismissal of the case, the judge shall inform the delinquent | 26 |
| minor of his or her right to petition for expungement as |
|
|
|
HB1126 Engrossed |
- 33 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| provided by law, and the clerk of the circuit court shall | 2 |
| provide an expungement information packet to the delinquent | 3 |
| minor, written in plain language, including a petition for | 4 |
| expungement, a sample of a completed petition, expungement | 5 |
| instructions that shall include information informing the | 6 |
| minor that (i) once the case is expunged, it shall be treated | 7 |
| as if it never occurred, (ii) he or she may apply to have | 8 |
| petition fees waived, (iii) once he or she obtains an | 9 |
| expungement, he or she may not be required to disclose that he | 10 |
| or she had a juvenile record, and (iv) he or she may file the | 11 |
| petition on his or her own or with the assistance of an | 12 |
| attorney. The failure of the judge to inform the delinquent | 13 |
| minor of his or her right to petition for expungement as | 14 |
| provided by law does not create a substantive right, nor is | 15 |
| that failure grounds for: (i) a reversal of an adjudication of | 16 |
| delinquency, (ii) a new trial; or (iii) an appeal. | 17 |
| (2.8) (2.7) For counties with a population over 3,000,000, | 18 |
| the clerk of the circuit court shall send a "Notification of a | 19 |
| Possible Right to Expungement" post card to the minor at the | 20 |
| address last received by the clerk of the circuit court on the | 21 |
| date that the minor attains the age of 17 based on the | 22 |
| birthdate provided to the court by the minor or his or her | 23 |
| guardian in cases under paragraphs (b), (c), and (d) of | 24 |
| subsection (2) (1) ; and when the minor attains the age of 21 | 25 |
| based on the birthdate provided to the court by the minor or | 26 |
| his or her guardian in cases under subsection (2). |
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|
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HB1126 Engrossed |
- 34 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| (2.9) (2.8) The petition for expungement for subsection (2) | 2 |
| (1) shall be 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 1 )) | 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:
Petitioner has attained the age of 17, | 17 |
| his/her birth date being ......, or all
Juvenile Court | 18 |
| proceedings terminated as of ......, whichever occurred later.
| 19 |
| Petitioner was arrested on ..... by the ....... Police | 20 |
| Department for the offense of ......., and:
| 21 |
| (Check One:)
| 22 |
| ( ) a. no petition was filed with the Clerk of the Circuit | 23 |
| Court. | 24 |
| ( ) b. was charged with ...... and was found not delinquent
of |
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|
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HB1126 Engrossed |
- 35 - |
LRB096 07475 RLC 17568 b |
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| 1 |
| the offense. | 2 |
| ( ) c. a petition was filed and the petition was dismissed | 3 |
| without a finding of delinquency on ..... | 4 |
| ( ) d. on ....... placed under supervision pursuant to Section | 5 |
| 5-615 of the Juvenile Court Act of 1987 and such order of | 6 |
| supervision successfully terminated on ........ | 7 |
| ( ) e. was adjudicated for the offense, which would have been a | 8 |
| Class B misdemeanor, a Class C misdemeanor, or a petty offense | 9 |
| or business offense if committed by an adult.
| 10 |
| Petitioner .... has .... has not been arrested on charges in | 11 |
| this or any county other than the charges listed above. If | 12 |
| petitioner has been arrested on additional charges, please list | 13 |
| the charges below:
| 14 |
| Charge(s): ...... | 15 |
| Arresting Agency or Agencies: ........... | 16 |
| Disposition/Result: (choose from a. through e., above): .....
| 17 |
| WHEREFORE, the petitioner respectfully requests this Honorable | 18 |
| Court to (1) order all law enforcement agencies to expunge all | 19 |
| records of petitioner to this incident, and (2) to order the | 20 |
| Clerk of the Court to expunge all records concerning the | 21 |
| petitioner regarding this incident. | 22 |
| ......................
| 23 |
| Petitioner (Signature)
| 24 |
| ..........................
|
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HB1126 Engrossed |
- 36 - |
LRB096 07475 RLC 17568 b |
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| 1 |
| Petitioner's Street Address
| 2 |
| .....................
| 3 |
| City, State, Zip Code
| 4 |
| .............................
| 5 |
| Petitioner's Telephone Number
| 6 |
| Pursuant to the penalties of perjury under the Code of Civil | 7 |
| Procedure, 735 ILCS 5/1-109, I hereby certify that the | 8 |
| statements in this petition are true and correct, or on | 9 |
| information and belief I believe the same to be true. | 10 |
| ......................
| 11 |
| Petitioner (Signature)
| 12 |
| The Petition for Expungement for subsection (2.5) (2) shall be | 13 |
| substantially in the following form: | 14 |
| IN THE CIRCUIT COURT OF ........, ILLINOIS | 15 |
| ........ JUDICIAL CIRCUIT | 16 |
| IN THE INTEREST OF ) NO.
| 17 |
| )
| 18 |
| )
| 19 |
| ...................)
| 20 |
| (Name of Petitioner) |
|
|
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HB1126 Engrossed |
- 37 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| PETITION TO EXPUNGE JUVENILE RECORDS
| 2 |
| (705 ILCS 405/5-915 (SUBSECTION 2.5 2 ))
| 3 |
| (Please prepare a separate petition for each offense)
| 4 |
| Now comes ............, petitioner, and respectfully requests | 5 |
| that this Honorable Court enter an order expunging all Juvenile | 6 |
| Law Enforcement and Court records of petitioner and in support | 7 |
| thereof states that: | 8 |
| The incident for which the Petitioner seeks expungement | 9 |
| occurred before the Petitioner's 17th birthday and did not | 10 |
| result in proceedings in criminal court and the Petitioner has | 11 |
| not had any convictions for any crime since his/her 17th | 12 |
| birthday; and
| 13 |
| The incident for which the Petitioner seeks expungement | 14 |
| occurred before the Petitioner's 17th birthday and the | 15 |
| adjudication was not based upon first-degree murder or sex | 16 |
| offenses which would be felonies if committed by an adult, and | 17 |
| the Petitioner has not had any convictions for any crime since | 18 |
| his/her 17th birthday. | 19 |
| Petitioner was arrested on ...... by the ....... Police | 20 |
| Department for the offense of ........, and: | 21 |
| (Check whichever one occurred the latest:) | 22 |
| ( ) a. The Petitioner has attained the age of 21 years, his/her | 23 |
| birthday being .......; or | 24 |
| ( ) b. 5 years have elapsed since all juvenile court | 25 |
| proceedings relating to the Petitioner have been terminated; or |
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|
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HB1126 Engrossed |
- 38 - |
LRB096 07475 RLC 17568 b |
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| 1 |
| the Petitioner's commitment to the Department of Juvenile | 2 |
| Justice
pursuant to the expungement of juvenile law enforcement | 3 |
| and court records provisions of the Juvenile Court Act of 1987 | 4 |
| has been terminated.
Petitioner ...has ...has not been arrested | 5 |
| on charges in this or any other county other than the charge | 6 |
| listed above. If petitioner has been arrested on additional | 7 |
| charges, please list the charges below: | 8 |
| Charge(s): .......... | 9 |
| Arresting Agency or Agencies: ....... | 10 |
| Disposition/Result: (choose from a or b, above): .......... | 11 |
| WHEREFORE, the petitioner respectfully requests this Honorable | 12 |
| Court to (1) order all law enforcement agencies to expunge all | 13 |
| records of petitioner related to this incident, and (2) to | 14 |
| order the Clerk of the Court to expunge all records concerning | 15 |
| the petitioner regarding this incident. | 16 |
| .......................
| 17 |
| Petitioner (Signature)
| 18 |
| ......................
| 19 |
| Petitioner's Street Address
| 20 |
| .....................
| 21 |
| City, State, Zip Code
| 22 |
| .............................
| 23 |
| Petitioner's Telephone Number
|
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|
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HB1126 Engrossed |
- 39 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| Pursuant to the penalties of perjury under the Code of Civil | 2 |
| Procedure, 735 ILCS 5/1-109, I hereby certify that the | 3 |
| statements in this petition are true and correct, or on | 4 |
| information and belief I believe the same to be true. | 5 |
| ......................
| 6 |
| Petitioner (Signature)
| 7 |
| (3) The chief judge of the circuit in which an arrest was | 8 |
| made or a charge
was brought or any
judge of that circuit | 9 |
| designated by the chief judge
may, upon verified petition
of a | 10 |
| person who is the subject of an arrest or a juvenile court | 11 |
| proceeding
under subsection (1) or (2) or (2.5) of this | 12 |
| Section, order the law enforcement
records or official court | 13 |
| file, or both, to be expunged from the official
records of the | 14 |
| arresting authority, the clerk of the circuit court and the
| 15 |
| Department of State Police. The person whose records are to be | 16 |
| expunged shall petition the court using the appropriate form | 17 |
| containing his or her current address and shall promptly notify | 18 |
| the clerk of the circuit court of any change of address. Notice
| 19 |
| of the petition shall be served upon the State's Attorney or | 20 |
| prosecutor charged with the duty of prosecuting the offense, | 21 |
| the Department of State Police, and the arresting agency or | 22 |
| agencies by the clerk of the circuit court. If an objection is | 23 |
| filed within 45
days of the notice of the petition, the clerk | 24 |
| of the circuit court shall set a date for hearing after the 45
| 25 |
| day objection period. At the hearing the court shall hear |
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|
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HB1126 Engrossed |
- 40 - |
LRB096 07475 RLC 17568 b |
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| 1 |
| evidence on whether the expungement should or should not be | 2 |
| granted. Unless the State's Attorney or prosecutor, the | 3 |
| Department of State Police, or an arresting agency objects to | 4 |
| the expungement within 45
days of the notice, the court may | 5 |
| enter an order granting expungement. The person whose records | 6 |
| are to be expunged shall pay the clerk of the circuit court a | 7 |
| fee equivalent to the cost associated with expungement of | 8 |
| records by the clerk and the Department of State Police. The | 9 |
| clerk shall forward a certified copy of the order to the | 10 |
| Department of State Police, the appropriate portion of the fee | 11 |
| to the Department of State Police for processing, and deliver a | 12 |
| certified copy of the order to the arresting agency.
| 13 |
| (3.1) The Notice of Expungement shall be in substantially | 14 |
| the following form: | 15 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
| 16 |
| .... JUDICIAL CIRCUIT
| 17 |
| IN THE INTEREST OF ) NO.
| 18 |
| )
| 19 |
| )
| 20 |
| ...................)
| 21 |
| (Name of Petitioner) | 22 |
| NOTICE
| 23 |
| TO: State's Attorney
| 24 |
| TO: Arresting Agency
|
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|
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HB1126 Engrossed |
- 41 - |
LRB096 07475 RLC 17568 b |
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| 1 |
|
| 2 |
| ................
| 3 |
| ................
| 4 |
|
| 5 |
| ................
| 6 |
| ................
| 7 |
| TO: Illinois State Police
| 8 |
|
| 9 |
| .....................
| 10 |
|
| 11 |
| .....................
| 12 |
| ATTENTION: Expungement
| 13 |
| You are hereby notified that on ....., at ....., in courtroom | 14 |
| ..., located at ..., before the Honorable ..., Judge, or any | 15 |
| judge sitting in his/her stead, I shall then and there present | 16 |
| a Petition to Expunge Juvenile records in the above-entitled | 17 |
| matter, at which time and place you may appear. | 18 |
| ......................
| 19 |
| Petitioner's Signature
| 20 |
| ...........................
| 21 |
| Petitioner's Street Address
| 22 |
| .....................
| 23 |
| City, State, Zip Code
| 24 |
| .............................
| 25 |
| Petitioner's Telephone Number
| 26 |
| PROOF OF SERVICE
|
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HB1126 Engrossed |
- 42 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| On the ....... day of ......, 20..., I on oath state that I | 2 |
| served this notice and true and correct copies of the | 3 |
| above-checked documents by: | 4 |
| (Check One:) | 5 |
| delivering copies personally to each entity to whom they are | 6 |
| directed; | 7 |
| or | 8 |
| by mailing copies to each entity to whom they are directed by | 9 |
| depositing the same in the U.S. Mail, proper postage fully | 10 |
| prepaid, before the hour of 5:00 p.m., at the United States | 11 |
| Postal Depository located at ................. | 12 |
| .........................................
| 13 |
|
| 14 |
| Signature | 15 |
| Clerk of the Circuit Court or Deputy Clerk
| 16 |
| Printed Name of Delinquent Minor/Petitioner: .... | 17 |
| Address: ........................................ | 18 |
| Telephone Number: ............................... | 19 |
| (3.2) The Order of Expungement shall be in substantially | 20 |
| the following form: | 21 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
| 22 |
| .... JUDICIAL CIRCUIT
| 23 |
| IN THE INTEREST OF ) NO.
| 24 |
| )
| 25 |
| )
|
|
|
|
HB1126 Engrossed |
- 43 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| ...................)
| 2 |
| (Name of Petitioner)
| 3 |
| DOB ................ | 4 |
| Arresting Agency/Agencies ...... | 5 |
| ORDER OF EXPUNGEMENT
| 6 |
| (705 ILCS 405/5-915 (SUBSECTION 3))
| 7 |
| This matter having been heard on the petitioner's motion and | 8 |
| the court being fully advised in the premises does find that | 9 |
| the petitioner is indigent or has presented reasonable cause to | 10 |
| waive all costs in this matter, IT IS HEREBY ORDERED that: | 11 |
| ( ) 1. Clerk of Court and Department of State Police costs | 12 |
| are hereby waived in this matter. | 13 |
| ( ) 2. The Illinois State Police Bureau of Identification | 14 |
| and the following law enforcement agencies expunge all records | 15 |
| of petitioner relating to an arrest dated ...... for the | 16 |
| offense of ...... | 17 |
| Law Enforcement Agencies:
| 18 |
| .........................
| 19 |
| .........................
| 20 |
| ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | 21 |
| Court expunge all records regarding the above-captioned case. | 22 |
| ENTER: ......................
| 23 |
|
| 24 |
| JUDGE | 25 |
| DATED: ....... |
|
|
|
HB1126 Engrossed |
- 44 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| Name:
| 2 |
| Attorney for:
| 3 |
| Address:
City/State/Zip:
| 4 |
| Attorney Number: | 5 |
| (3.3) The Notice of Objection shall be in substantially the | 6 |
| following form: | 7 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
| 8 |
| ....................... JUDICIAL CIRCUIT
| 9 |
| IN THE INTEREST OF ) NO.
| 10 |
| )
| 11 |
| )
| 12 |
| ...................)
| 13 |
| (Name of Petitioner) | 14 |
| NOTICE OF OBJECTION
| 15 |
| TO:(Attorney, Public Defender, Minor)
| 16 |
| .................................
| 17 |
| .................................
| 18 |
| TO:(Illinois State Police)
| 19 |
| .................................
| 20 |
| ................................. | 21 |
| TO:(Clerk of the Court)
| 22 |
| .................................
| 23 |
| .................................
| 24 |
| TO:(Judge)
|
|
|
|
HB1126 Engrossed |
- 45 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| .................................
| 2 |
| .................................
| 3 |
| TO:(Arresting Agency/Agencies)
| 4 |
| .................................
| 5 |
| ................................. | 6 |
| ATTENTION:
You are hereby notified that an objection has been | 7 |
| filed by the following entity regarding the above-named minor's | 8 |
| petition for expungement of juvenile records: | 9 |
| ( ) State's Attorney's Office;
| 10 |
| ( ) Prosecutor (other than State's Attorney's Office) charged | 11 |
| with the duty of prosecuting the offense sought to be expunged;
| 12 |
| ( ) Department of Illinois State Police; or
| 13 |
| ( ) Arresting Agency or Agencies.
| 14 |
| The agency checked above respectfully requests that this case | 15 |
| be continued and set for hearing on whether the expungement | 16 |
| should or should not be granted.
| 17 |
| DATED: ....... | 18 |
| Name: | 19 |
| Attorney For:
| 20 |
| Address: | 21 |
| City/State/Zip:
| 22 |
| Telephone:
| 23 |
| Attorney No.:
| 24 |
| FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| 25 |
| This matter has been set for hearing on the foregoing | 26 |
| objection, on ...... in room ...., located at ....., before the |
|
|
|
HB1126 Engrossed |
- 46 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| Honorable ....., Judge, or any judge sitting in his/her stead.
| 2 |
| (Only one hearing shall be set, regardless of the number of | 3 |
| Notices of Objection received on the same case).
| 4 |
| A copy of this completed Notice of Objection containing the | 5 |
| court date, time, and location, has been sent via regular U.S. | 6 |
| Mail to the following entities. (If more than one Notice of | 7 |
| Objection is received on the same case, each one must be | 8 |
| completed with the court date, time and location and mailed to | 9 |
| the following entities):
| 10 |
| ( ) Attorney, Public Defender or Minor;
| 11 |
| ( ) State's Attorney's Office; | 12 |
| ( ) Prosecutor (other than State's Attorney's Office) charged | 13 |
| with the duty of prosecuting the offense sought to be expunged; | 14 |
| ( ) Department of Illinois State Police; and | 15 |
| ( ) Arresting agency or agencies.
| 16 |
| Date: ...... | 17 |
| Initials of Clerk completing this section: .....
| 18 |
| (4) Upon entry of an order expunging records or files, the | 19 |
| offense, which
the records or files concern shall be treated as | 20 |
| if it never occurred. Law
enforcement officers and other public | 21 |
| offices and agencies shall properly reply
on inquiry that no | 22 |
| record or file exists with respect to the
person.
| 23 |
| (5) Records which have not been expunged are sealed, and | 24 |
| may be obtained
only under the provisions of Sections 5-901, | 25 |
| 5-905 and 5-915.
| 26 |
| (6) Nothing in this Section shall be construed to prohibit |
|
|
|
HB1126 Engrossed |
- 47 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| the maintenance
of information relating to an offense after | 2 |
| records or files concerning the
offense have been expunged if | 3 |
| the information is kept in a manner that does not
enable | 4 |
| identification of the offender. This information may only be | 5 |
| used for
statistical and bona fide research purposes. | 6 |
| (7)(a) The State Appellate Defender shall establish, | 7 |
| maintain, and carry out, by December 31, 2004, a juvenile | 8 |
| expungement program
to provide information and assistance to | 9 |
| minors eligible to have their juvenile records expunged.
| 10 |
| (b) The State Appellate Defender shall develop brochures, | 11 |
| pamphlets, and
other
materials in
printed form and through the | 12 |
| agency's World Wide Web site. The pamphlets and
other materials | 13 |
| shall
include at a minimum the following information:
| 14 |
| (i) An explanation of the State's juvenile expungement | 15 |
| process; | 16 |
| (ii) The circumstances under which juvenile | 17 |
| expungement may occur; | 18 |
| (iii) The juvenile offenses that may be expunged; | 19 |
| (iv) The steps necessary to initiate and complete the | 20 |
| juvenile expungement process;
and | 21 |
| (v) Directions on how to contact the State Appellate | 22 |
| Defender. | 23 |
| (c) The State Appellate Defender shall establish and | 24 |
| maintain a statewide
toll-free telephone
number that a person | 25 |
| may use to receive information or assistance concerning
the | 26 |
| expungement of juvenile records. The State Appellate
Defender |
|
|
|
HB1126 Engrossed |
- 48 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| shall advertise
the toll-free telephone number statewide. The | 2 |
| State Appellate Defender shall
develop an expungement
| 3 |
| information packet that may be sent to eligible persons seeking | 4 |
| expungement of
their juvenile records,
which may include, but | 5 |
| is not limited to, a pre-printed expungement petition
with | 6 |
| instructions on how
to complete the petition and a pamphlet | 7 |
| containing information that would
assist individuals through
| 8 |
| the juvenile expungement process. | 9 |
| (d) The State Appellate Defender shall compile a statewide | 10 |
| list of volunteer
attorneys willing
to assist eligible | 11 |
| individuals through the juvenile expungement process. | 12 |
| (e) This Section shall be implemented from funds | 13 |
| appropriated by the General
Assembly to the State
Appellate | 14 |
| Defender
for this purpose. The State Appellate Defender shall | 15 |
| employ the necessary staff
and adopt the
necessary rules for | 16 |
| implementation of this Section. | 17 |
| (8)(a) Except with respect to law enforcement agencies, the | 18 |
| Department of Corrections, State's Attorneys, or other | 19 |
| prosecutors, an expunged juvenile record may not be considered | 20 |
| by any private or public entity in employment matters, | 21 |
| certification, licensing, revocation of certification or | 22 |
| licensure, or registration. Applications for employment must | 23 |
| contain specific language that states that the applicant is not | 24 |
| obligated to disclose expunged juvenile records of conviction | 25 |
| or arrest. Employers may not ask if an applicant has had a | 26 |
| juvenile record expunged. Effective January 1, 2005, the |
|
|
|
HB1126 Engrossed |
- 49 - |
LRB096 07475 RLC 17568 b |
|
| 1 |
| Department of Labor shall develop a link on the Department's | 2 |
| website to inform employers that employers may not ask if an | 3 |
| applicant had a juvenile record expunged and that application | 4 |
| for employment must contain specific language that states that | 5 |
| the applicant is not obligated to disclose expunged juvenile | 6 |
| records of arrest or conviction. | 7 |
| (b) A person whose juvenile records have been expunged is | 8 |
| not entitled to remission of any fines, costs, or other money | 9 |
| paid as a consequence of expungement. This amendatory Act of | 10 |
| the 93rd General Assembly does not affect the right of the | 11 |
| victim of a crime to prosecute or defend a civil action for | 12 |
| damages.
| 13 |
| (Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)
|
|